A A y — 1 — / — 8 — = ZD 1 Ail 5 — 4 107 164 (rep« 208 211a (nc* 213 264 270 384 460 461 487 496b (ne' 502^^ 538 548 106 154 164 (ncA 190 245 270 285 286 288a (re 288a (n< 337b (n< 337c (ne 337d (n« 337e (new) 384a (new) 402 n UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY aled) ) td) 628b 628e 1203 1374 (new) THE PENAL CODE THE PENAL CODE OP THE STATE OF CALIFORNIA. ADOPTED FEBRUARY 14, 1872. WITH AMENDMENTS UP TO AND INCLUDING THOSE OF THE FORTY-FIRST SESSION OF THE LEGISLATURE, 1915. EDITED BY JAMES H. DEEEING, Of the San Francisco Bar. LEGISLATIVE HISTORY BY CHARLES H. FAIRALL, AUTHoa OF faieall's criminal law and procedure. SAN FRANCISCO: BANCROFT-WHITNEY COMPANY, 1915. 5 Copyright, 1915 BANCROFT-WHITNEY COMPANY San Francisco The Filmer Brothers Electrotype Company Typogeaphebs and Stereotypers SUMMARY OF CONTENTS. CONSTITUTIONAL PROVISIONS. (Pages xiii-xv.) TITLE OF THE ACT. § 1. PRELIMINARY PROVISIONS. §§ 2-24. PART I. CRIMES AND PUNISHMENTS. §§ 26-681. XL CRIMINAL PROCEDURE. §§ 681-1570. TIL STATE PRISONS AND COUNTY JAILS. §§ 1572-1616. PART I. CRIMES AND PUNISHMENTS. Title I. Persons Liable to Punishment for Crime. §§ 26-28. II. Parties to Crime. §§ 30-33. III. Offenses against the Sovereignty of the State. §§ 37, 38, IV. Crimes against the Elective Franchise. §§ 40-64b. V. Crimes by and against the Executive Poaver of the State. §§ 65-77. VI. Crimes against the Legislative Power. §§ 81-89. VII. Crimes against Public Justice. §§ 92-185. VIII. Crimes against the Person. §§ 187-259. IX. Crimes against the Person and against Public Decency AND Good Morals. §§ 261-367e. X. Crimes against the Public Health and Safety, §§368- 402e. XL Crimes against the Public Peace. §§403-421. XII. Crimes against the Revenue and Property of This State, §§ 424-443. XIII. Crimes against Property. §§ 447-593a. XIV. Malicious Mischief. §§ 594-625a. XV. Miscellaneous Crimes, §§ 626-653e. XVI. General Provisions. §§ 654-681. TITLE I, PERSONS LIABLE TO PUNISHMENT FOR CRIME. §§ 26-28 TITLE II. PARTIES TO CRIME. §§ 30-33. TITLE III. OFFENSES AGAINST THE SOVEREIGNTY OF THE STATE. §§ 37, 38. (V) VI SUMMARY OP CONTENTS. TITLE IV. CRIMES AGAINST THE ELECTIVE FRANCHISE. §§ 40-64b. TITLE V. CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE. §§ 65-77. TITLE VI. CRIMES AGAINST THE LEGISLATIVE POWER. §§81-89. TITLE VII. CRIMES AGAINST PUBLIC JUSTICE. Chapter I. Bribery and Corruption. §§92-100. II. Rescues. §§ 101, 102. III. Escapes, and Aiding Therein. §§ 105-111. IV. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents. §§ 113-117. V. Perjury and Subornation of Perjury. §§ 118-129. VI. Falsifying Evidence. §§ 132-138. VIL Other Offenses against Public Justice. §§142-181. VIII. Conspiracy. §§ 182-185. TITLE VIII. CRIMES AGAINST THE PERSON. Chapter L Homicide. §§ 187-195. IL Mayhem. §§ 203, 204. IIL Kidnaping. §§207-209. IV. Robbery. §§ 211-214. V. Attempts to Kill. §§ 216-219. VI. Assaults with Intent to Commit Felony, Other than Assaults with Intent to Murder. §§ 220-222. VIL Duels and Challenges. §§ 225-232. VIIL False Imprisonment. §§236, 237. IX. Assault and Battery. §§ 240-246. X. Libel. §§ 248-259. TITLE IX. CRIMES AGAINST THE PERSON AND AGAINST PUBLIC DECENCY AND GOOD MORALS. Chapter I. Rape, Abduction, Carnal Abuse of Children, and Seduction §§ 261-269b. II. Abandonment and Neglect of Children. §§ 270-273h. IIL Abortions. §§ 274, 275. IV. Child-stealing. §§ 278. V. Bigamy, Incest, and the Crime against Nature. §§ 281-288. VI. Violating Sepulture and the Remains of the Dead. §§ 290- 297. SUMMARY OF CONTENTS. Vll VII. Crimes against Eeligion and Conscience, and Other Offenses against Good Morals. §§ 299-3101/2. VIII. Indecent Exposure, Obscene Exhibitions, Books and Prints, and Bawdy and Other Disorderly Houses. §§ 311-318. IX. Lotteries. §§ 319-326. X. Gaming. §§ 330-337a. XI. Pawnbrokers. §§ 338-344. XII. Other Injuries to Persons. §§ 346-367e, TITLE X. CEIMES AGAINST THE PUBLIC HEALTH AND SAFETY. §§ 368-402e. TITLE XL CRIMES AGAINST THE PUBLIC PEACE. §§403-421. TITLE XII. CRIMES AGAINST THE REVENUE AND PROPERTY OF THIS STATE. §§ 424-443. TITLE XIII. CRIMES AGAINST PROPERTY. Chapter I. Arson. §§ 447-455. II. Burglary and Housebreaking. §§ 459-463. III. Having Possession of Burglarious Instruments and Deadly Weapons. §§ 466, 467. IV. Forgery and Counterfeiting. §§ 470-482. V. Larceny. §§ 484-5021/2. VI. Embezzlement. §§ 503-514. VII. Extortion. §§ 518-526. VIII. False Personation and Cheats. §§ 528-538b. IX. Fraudulently Fitting Out and Destroying Vessels. §§ 539- 5431/2. X. Fraudulently Keeping Possession of Wrecked Property §§ 544, 545. XL Fraudulent Destruction of Property Insured. §§ 548, 549. XII. False Weights and Measures. §§ 552-556. XIII. Fraudulent Insolvencies by Corporations, and Other Frauds in Their Management. §§ 557-573. XIV. Fraudulent Issue of Documents of Title to Merchandise. §§ 577-583. XV. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs. §§ 587-593a. TITLE XIV. MALICIOUS MISCHIEF. §§ 594-625a. Vm SUMMARY OF CONTENTS. TITLE XV. MISCELLANEOUS CRIMES. Chapter I. Violation of the Laws for the Preservation of Game aiu Fish. §§ 626-637f. II. Other and Miscellaneous Offenses. §§ 638-653e. TITLE XVL GENERAL PROVISIONS. §§ 654-6S1. PART II. CRIMINAL PROCEDURE. Preliminary Provisions. §§ 681-689. Title I. Prevention of Public Offenses. §§ 692-734. II. Judicial Proceedings for the Removal op Public Officers BY Impeachment or Otheravise. §§ 737-772. III. Proceedings in Criminal Actions Prosecuted by Indict- ment, to the Commitment, Inclusive. §§ 777-883. IV. Proceedings afi'er Commitment and before Indictment. §§ 888-93.7. V. The Indictment. §§ 940-972. VI. Pleadings and Proceedings after Indictment and before THE Commencement of the Trial. §§ 976-1053. VII. Proceedings after the Commencement of the Trial and BEFORE Judgment. §§ 1055-1188.. VIII. Judgment and Execution. §§ 1191-1230. IX. Appeals to the Supreme Court. §§ 1235-1265. X. Miscellaneous Proceedings. §§ 1268-1423. XI. Proceedings in Justices' and Police Courts and Appeals to Superior Courts. §§ 1425-1470. XII. Special Proceedings of a Criminal Nature. §§ 1473-1564. XIII. Proceedings for Bringing Persons Imprisoned in the State Prison, or the Jail of Another County, before a Court. § 1567. XIV. Disposition op Fines and Forfeitures. § 1570. PRELIMINARY PROVISIONS. §§ 681-689. TITLE I. PREVENTION OF PUBLIC OFFENSES. ( liapter I. Lawful Resistance. §§692-694. II. Intervention of the Officers of Justice. §§ 697, 698. III. Security to Keep the Peace. §§ 701-714. IV. Police in Cities and Towns, and Their Attendance at Ex- posed Places. §§ 719, 720. V. Suppression of Riots. §§ 723-734. SUMMARY OF CONTENTS. IX TITLE II. JUDICIAL PROCEEDINGS FOR THE REMOVAL OF PUBLIC OFFICERS BY IMPEACHMENT OR OTHERWISE. Chapter I. Impeachments. §§ 737-753. 11. Removal of Civil Officers Otherwise than by Impeachment. §§ 758-772. TITLE III. PROCEEDINGS IN CRIMINAL ACTIONS PROSECUTED BY IN- DICTMENT TO THE COMMITMENT, INCLUSIVE. Chapter I. Local Jurisdiction of Public Offenses. §§ 777-795. II. Time of Commencing Criminal Actions. §§ 799-803. III. The Information. §§ 806-810. IV. The" Warrant of Arrest. §§ 811-829. V. Arrest, by Whom and how Made. §§ 834-851. VI. Retaking after an Escape or Rescue. §§ 854, 855. VII. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer. §§ 858-883. TITLE IV. PROCEEDINGS AFTER COMMITMENT AND BEFORE INDICT- MENT. Chapter I. Preliminary Provisions. §§ 8S8-S90. II. Formation of the Grand Jury. §§ 894-910. III. Powers and Duties of a Grand Jury. §§ 915-930. IV. Presentment and Proceedings Thereon. §§ 931-937. [Re- pealed.] TITLE V. THE INDICTMENT. Chapter I. Finding and Presentment of the Indictment. §§ 940-945. II. Rules of Pleading and Form of the Indictment. §§948- 972. TITLE ^^I. PLEADINGS AND PROCEEDINGS AFTER INDICTMENT AND BEFORE THE COMMENCEMENT OF THE TRIAL. Chapter I. Arraignment of the Defendant. §§976-990. II. Setting Aside the Indictment. §§ 995-999. III. Demurrer. §§ 1002-1012. IV. Plea. §§ 1016-1025. V. Transmission of Certain Indictments from the County Court to the District Court or Municipal Criminal Court of San Francisco. §§ 1028-1030. VI. Removal of the Action before Trial. §§ 1033-1038 VIL The Mode of Trial. §§ 1041-1043. VIII. Formation of the Trial Jury and the Calendar of Issues for Trial. §§ 1046-1049. IX. Postponement of the Trial. §§ 1052. 1053. X SUMMARY OF CONTENTS. TITLE VI r. PKOCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT. Chapter T. Cliallcnging the Jury. §§ 1055-1089. II. The Trial. §§ 1093-1131, III. Conduct of the Jury after the Cause is Submitted to Them. §§ 1135-1143. IV. The Verdict. §§1147-11037. V. Bills of Exception. §§ 1170-1177. VI. New Trials. §§ 1179-1182. VII. Arrest of Judgment. §§ 1185-1188. TITLE VIII. JUDGMENT AND EXECUTION. Chapter I. The Judgment. §§ 1191-1207. II. The Execution. §§ 1213-1230. TITLE IX. APPEALS TO THE SUPREME COURT. Chapter I. Appeals, when Allowed and how Taken, and the Effect Thereof. §§ 1235-1247e. II. Dismissing an Appeal for Irregularity. §§ 1248, 1249. IIL Argument of the Appeal. §§ 1252-1255. IV. Judgment upon Appeal. §§ 1258-1265. TITLE X. MISCELLANEOUS PROCEEDINGS. Chapter I. Bail. Articles I-VIII. §§ 1268-1317. Article I. In What Cases the Defendant may be Admitted to Bail. §§ 1268-1274. II. Bail upon Being Held to Answer Before Indict- ment. §§ 1277-1281. III. Bail upon an Indictment Before Conviction. §§ 1284-1289. IV. Bail on Appeal. §§ 1291, 1292. V. Deposit Instead of Bail. §§ 1295-1297. VI. Surrender of the Defendant. §§ 1300-1302. VII. Forfeiture of the Undertaking of Bail or of the Deposit of Money. §§ 1305-1307. VIII. Recommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail. §§ 1310-1317. II. Who may be Witnesses in Criminal Actions. §§ 1321-1324. III. Compelling the Attendance of Witnesses. §§ 1326-1333. IV. Examination of Witnesses Conditionally. §§ 1335-1346. V. Examination of Witnesses on Commission. §§ 1349-1362. VI. Inquiry into the Insanity of the Defendant Before Trial or After Conviction, §§1367-1373. SUMMARY OF CONTENTS. XI VII. Compromising Certain Public Offenses by Leave of the Court. §§ 1377-1379. VIIT. Dismissal of the Action, Before or After Indictment, for Want of Prosecution or Otherwise. §§ 1382-1389. IX. Proceedings against Corporations. §§ 1390-1397. X. Entitling Affidavits. § 1401. XL Errors and Mistakes in Pleadings and Other Proceedings. § 1404. XII. Disposal of Property Stolen or Embezzled. §§ 1407-1413, XIII. Repreives, Commutations, and Pardons. §§ 1417-1423. TITLE XI. PROCEEDINGS IN JUSTICES' AND POLICE COURTS AND APPEALS TO SUPERIOR COURTS. Chapter I. Proceedings in Justices' and Police Courts. §§ 1425-1461. II. Appeals to Superior Courts. §§ 1466-1470. TITLE XII. SPECIAL PROCEEDINGS OF A CRIMINAL NATURE. Chapter L Writ of Habeas Corpus. §§ 1473-1505. IT. Coroners' Inquests and Duties of Coroners. §§ 1510-1520. IIL Search-warrants. §§ 1523-1542. IV. Proceedings against Fugitives from Justice. §§ 1547-1558. V. Miscellaneous Provisions respecting Special Proceedings of a Criminal Nature. §§ 1562-1564. TITLE XIII. PROCEEDINGS FOR BRINGING PERSONS IMPRISONED IN THE STATE PRISON, OR THE JAIL OF ANOTHER COUNTY, BEFORE A COURT. § 1567. TITLE XIV. DISPOSITION OF FINES AND FORFEITURES. § 1570. PART III. THE STATE PRISONS AND COUNTY JAILS. Title I. State Prisons. §§ 1572-1596. II. County Jails. §§ 1597-1616. TITLE I. STATE PRISONS. §§ 1572-1596. TITLE II. COUNTY JAILS. §§ 1597-1616 XU aUMMAUY OK CONTENTS. APPENDIX. PAGE Adulteration 715 Animals 731 Artesian Wells 733 Buoys and Beacons 735 Butter 736 Conspiracy 736 Coroners 738 Costs > 741 Dairies 742 Drugs 748 Emigration 755 Explosives 756 Fences and Inclosures 756 Fish 758 Flag . . ^ 763 Game Laavs 763 Gas 765 Grand Army 765 Growing Trees 766 Intoxicating Liquors 766 Juvenile Court 768 Labor Unions 795 Larceny 795 Master and Servant 797 Officers 798 Olive-oil 798 Poison 801 Police 810 Public Health 819 School of Industry 822 School op Eeform 831 Seduction 847 Shipping 847 State Prisons 848 Supervisors 852 INDEX. (Pages 853 to 1140.S CONSTITUTIONAL PKOVISIONS. Art. I, § 1. All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing, and protecting prop- erty; and pursuing and obtaining safety and happiness. Art. I, § 4. ... No person shall be rendered incompetent to be a witness or juror on account of his opinions on matters of religious belief. . . . Art. I, § 5. The privilege of the writ of habeas corpus shall not be suspended unless when, in cases of rebellion or invasion, the public safety may require its suspension. Habeas corpus. See U. S. Const., art. I, § 9, subd. 2. Art. I, § 6. All persons shall be bailable by sufficient sureties, un- less for capital offenses when the proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines im- posed; nor shall cruel or unusual punishments be inflicted. Witnesses shall not be unreasonably detained, nor confined in any room where criminals are actually imprisoned. Art. I, § 7. The right of trial by jury shall be secured to all, and remain inviolate. ... A trial by jury may be waived in all criminal cases, not amounting to felony, by the consent of both parties, ex- pressed in open court. . . . Art. I, § 8. Offenses heretofore required to be prosecuted by indict- ment shall be prosecuted by information, after examination and com- mitment by a magistrate, or by indictment, with or without such ex- amination and commitment, as may be prescribed by law. A grand jury shall be drawn and summoned at least once a year in each count3^ Art. I, § 9. ... In all criminal prosecutions for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be ac- quitted; and the jury shall have the right to determine the law and the fact. Indictments found, or information laid, for publications in newspapers shall be tried in the county where such newspapers have their publication-office, or in the county where the party alleged to be libeled resided at the time of the alleged publication, unless the place of trial shall be changed for good cause. Art. I, § 13. In criminal prosecutions, in any court whatever, the party accused shall have the right to a speedy and public trial; to (xiii) XIV PENAL LODE. have the process of the eourt to compel tiie attcnjance of witnesses in his behalf, and to appear and defend, in person and with counsel. No person shall be twice put in jeopardy for the same offense; nor be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property without due process of law. The legislature shall have power to provide for the taking, in the presence of the party accused and his counsel, of depositions of witnesses in criminal cases, other than cases of homicide, when there is reason to believe tliat the' witness, from inability or other cause, will not attend at the trial. Art. I, § 16. No bill of attainder, ex post facto law, or law impair- ing the obligation of contracts, shall ever be passed. Art. I, § 18. Neither slavery nor involuntary servitude, unless for tiie punishment of crime, shall ever be tolerated in this state. Art. I, § 20. Treason against the state shall consist only in levying war against it, adhering to its enemies, or giving them aid and com- fort. No person shall be convicted of treason unless on the evidence of two witnesses to the same overt act, or confession in open court. Art. II, § 1. ... No . . . person convicted of any infamous crime, and no person hereafter convicted of the embezzlement or misappro- priation of public money, shall ever exercise the privileges of an elec- tor in this state. Art. II, § 2. Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest on the days of election, during their attendance at such election, going to and returning therefrom. Art, IV, § 11. Members of the legislature shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest, and shall not be subject to any civil process during the session of the legislature, nor for fifteen days next before the commencement and after the termination of each session. Art. IV, § 17, The assembly shall have the sole power of impeach- me'nt, and all impeachments shall be tried by the senate. When sit- ting for that purpose, the senators shall be upon oath or affirma- tion, and no person shall be convicted without the concurrence of two thirds of the members elected. Art. IV, § 18, The governor, lientenant-governor, secretary of state, controller, treasurer, attorney-general, surveyor-general, chief justice and associate justices of the supreme court, and judges of the superior courts, shall be liable to impeachment for any misdemeanor in office; but judgment in such eases shall extend only to removal from office, and disqualification to hold any officer of honor, trust or profit under the state; but the party convicted or acquitted shall nevertheless be liable to indictment, trial, and punishment according to law. All CONSTITUTIONAL PROVISIONS. XV other civil officers shall be tried for misdemeanor in office in such manner as the legislature may provide. Art. IV, § 21. No person convicted of the embezzlement or defalca- tion of the public funds of the United States, or of any state, or of any county or municipality therein, shall ever be eligible to any oflBce of honor, trust, or profit under this state, and the legislature shall provide, by law, for the punishment of embezzlement or defalcation as a felony. Art. IV, § 25. Tlie legislature shall not pass local or special laws in any of the following enumerated cases, that is to say: . . . Second — For the punishment of crimes and misdemeanors. . . . Fourth — Providing for the change of venue in civil and criminal actions. . . . Eighth — Summoning and impaneling grand and petit juries, and providing for tlieir compensation. , . . Twenty-second — Eestoring to citizenship j^ersons convicted of in- famous crimes. . . Thirty-second—For limitation of civil or criminal actions. Art. IV, § 26. The legislature shall have no power to authorize lotteries or gift enterprises for any purpose and shall pass laws to prohibit the salein this state of lottery or gift enterprise tickets or tickets in any saeme in the nature of a lottery. Art. IV, § 35. .ny person who seeks to influence the vote of a member of the lejslature by bribery, promise of reward, intimidation, or any other disbnest means, shall be guilty of lobbying, which is hereby declared a'elony; and it shall be the duty of the legislature to provide, by law, )r the punishment of this crime. Any member of the legislature wh shall be influenced, in his vote or action upon any matter pending btore the legislature, by any reward, or promise of future reward, shd be deemed guilty of a felony, and upon convic- tion thereof, in acition to such punishment as may be provided by law, shall be disfrachised and forever disqualified from holding any office or public trus Any person may be compelled to testify in any lawful investigatio or judicial proceeding against any person who may be charged wh having committed the offense of bribery or corrupt solicitation.or with having been influenced in his vote or action, as a memb of the legislature, by reward, or promise of future reward, and lall not be permitted to withhold his testimony upon the ground tit it may criminate himself, or subject him to public infamy; bulsuch testimony shall not afterward be used against him in any idicial proceeding, except for perjury in giving such testimony. Art. VI, § 1. The dicial power of the state shall be vested in the senate sitting as a CTt of impeachment, in a supreme court, superior courts, justices of tl peace, and such inferior courts as the legisla- XVI PENAL CODK. tuic iii;iy establish in any incorporated city or town, or city and county. Art. VI, § i. Tlio iiuprenie court shall have appellate jurisdiction on appeal ... on questions of law alono, in nil criniinal cases where judgment of death has been rendered; the said court shall also have appellate jurisdiction in all cases, matters and proceedings pending before a district court of appeal, which shall be ordered by the su- preme court to be transferred to itself for hearing and decision, as hereinafter provided. . . . The district courts of appeal shall have appellate jurisdiction on appeal ... on questions of law alone, in all criminal eases prosecuted by indictment or information in a court of record, execpting criminal cases where judgment of death has been rendered. Art. VI, § 41/2- No judgment shall be set aside, or new trial granted, in any ease, on the ground of misdirection of the jurj', or of the im- proper admission or rejection of evidence, or for anyjcrror as to any matter of pleading, or for any error as to any matt r of procedure, unless, after an examination of the entire cause, in/luding the evi- dence, the court shall be of the opinion that the erri- complained of has resulted in a miscarriage of justice. ! Art. VI, § 5. The superior court shall have originalpnrisdiction , . . in all criminal cases amounting to felony, and cases'of misdemeanor not otherwise provided for. . . . They shall have aJpellate jurisdic- tion in such cases arising in justices' and other i'ferior courts in their respective counties as may be prescribed F law. . . . Said courts, and their judges, shall have power to issue wis of . . . habeas corpus, on petition by or on behalf of any person iiiactual custody in their respective counties. ... ( Art. VI, § 19. Judges shall not charge juries wii respect to mat- ters of fact, but may state the testimony and declfe the law. Art. VI, § 20. The style of process shall be "he People of the State of California," and all prosecutions shuU be'i.nducted in their name and by their authority. Art. VII, § 1. The governor shall have the Jwer to grant re- prieves, pardons, and commutations of sentence, Iter conviction, for all offenses except treason and cases of impeaehiint, upon such con- ditions, and with such restrictions and limitatioj, as he may think proper, subject to such regulations as may be projled by law relative to the manner of applying for pardons. Upon cjvietion for treason the governor shall have power to suspend the execion of the sentencf until the case shall be reported to the legislature its next meeting, when the legislature shall either pardon, dirfl the execution of the sentence, or grant a further reprieve. Th^overnor shall com- municate to the legislature, at the beginning osvery session, every case of reprieve or pardon granted, stating thaame of the convict, CONSTITUTIONAL PROVISIONS. XVll the crime for which he was convicted, the sentence, its date, the date of the pardon or reprieve, and the reasons for granting the same. Neither tho governor nor the legislature shall have power to grant pardons, or commutations of sentence, in any cRoO where the convict has been twice convicted of a felony, unless upon the written recom- mendation of a majority of the judges of the supreme court. Art. XII, § 19. No railroad or other transportation company shall grant free passes, or passes or tickets at a discount, to any person holding any office of honor, trust, or profit in this state; and the ac- ceptance of any such pass or ticket, by a member of the legislature or any public officer, other than railroad commissioner, shall work a forfeiture of his office. Art. XX, § 2. Any citizen of this state who shall, after the adop- tion of this constitution, fight a duel with deadly weapons, or send or accept a challenge to fight a duel with deadly weapons, either within this state or out of it, or who shall act as second, or know- ingly aid or assist in any manner those thus offending, shall not be allowed to hold any office of profit, or to enjoy the right of suffrage under this constitution. Art. XX, § 10. Every person shall be disqualified from holding any office of profit in this state who shall have been convicted of having given or offered a bribe to procure his election or appointment. Art. XX, § 11. Laws shall be made to exclude from office, serving on juries, and from the right of suffrage, persons convicted of bribery, perjury, forgery, malfeasance in office, or other high crimes. The privilege of free suffrage shall be supported by laws regulating elec- tions and prohibiting, under adequate penalties, all undue influence thereon from power, bribery, tumult, or other improper practice. THE PENAL CODE OF CALIFORNIA. IN THREE PARTS. Title of the Act. § 1. Preliminary Provisions. §§ 2-24. Part I. Crimes and Punishments. §§ 26-681. II. Criminal Procedure. §§681-1570. III. State Prisons and County Jails. §§ 1572-1616. Pen. Code— 1 (1) THE PENAL CODE OF CALIFORNIA. AN ACT TO ESTABLISH A PENAL CODE. ' [Approved Februaiy 14, 1872.] The People of the State of California, represented in Senate and Assembly, do enact as follows: TITLE OF THE ACT. § 1. Title and divisions of tliis act. § 1. Title and divisions of this act. This act shall be known as The Penal Code of California, and is divided into three parts, as folloAvs : I. Of Crimes and Punishments. II. Of Criminal Procedure. III. Of the State Prison and County Jails. This act, how cited: Post, § 24. Construction of the codes, and of their various sections: See Pol. Code, §§ 4478 et seq. Legislation § 1. Enacted February 14, 1872. THE PENAL CODE OF CALIFORNIA. PRELIMINARY PROVISIONS. §~ 2. When this act takes effect. § 3. Not retroactive. § 4. Construction of the Penal Code. § 5. Provisions similar to existing laws, how construed. § 6. Effect of code upon past offenses. § 7. Certain terms defined in the senses in which they are used in this code. § 8. What intent to defraud is sufficient. § 9. Civil remedies preserved. § 10. Proceedings to impeach or remove officers and others preserved. § 11. Authority of courts-martial preserved. Courts of justice to pun- ish for contempts. (3) § 5 PENAL CODE. 4 § 12. Of soctiiuis (Icolaiing crinios luiuisliaMo. Duty o." court. § 13. Puiii.shidonts, how detcriniiioii. § 14. Witness's testiinonj- may bi; lo.iil against liiiii on prosecution for perjury. § 1."). "Crime" and "iniblio offense" defined. § 16. Crimes, how divided. § 17. Felony and misdemeanor defined. § 18. I'unishment of felony, when not otherwise prescribed. § 19. Punishment of misdemeanor, when not otherwise prescribed. S -0. To constitute crime there must be unity of act and intent. §21. Intent, how manifested, and wlio considered of sound mind. § 22. Drunkenness no excuse for crime. When it may be considered. § 23. Certain statutes specified as continuing in force. § 24. This act, how cited. § 2. When this act takes effect. This code takes effect at twelve o 'clock, noon, on the iirist day of January, eighteen hundred and seventy-three. Effect of codes generally: See Pol. Code, §§ 447S et .seij. Legislation § 2. iMuicted February 14, 1872. § 3. Not retroactive. No part of it is retroactive, unless expressly so declared. Impairing vested rights: See Code Civ. Proc, § S. Corresponding sections. The same section is found in each of the other three codes: See Code Civ. Proc, § 3; Civ. Code, § 3; Pol. Code, §3. Legislation § 3. Enacted February 14, 1872. § 4. Construction of the Penal Code. The rule of the common law, that penal statutes are to be strictly construed, has no application to this code. All its provisions are to be construed according to the fair import of their terms, with a view^ to effect its objects and to promote justice. Rules of construction of code provisions generally: See Pol. Code, §§ 4478 et seq. Statutes in derogation of common law: See Code Civ. Proc, §4; Civ. Code, §4; Pol. Code, §4. Legislation § 4. Enacted Februarv 14, 1872; identical with Field's Draft, § 10, N. Y. Pen. Code, § 11. § 5. Provisions similar to existing* laws, how construed. The provisions of this code, so far as they are substantially the same as existing statutes, , must be construed as con- tinuations thereof, and not as new enactments. Legislation § 5. 1. Enacted February 14, 1872; based on Mass. Rev. Laws 1858, e. clxxxii, § 9. 2. Amended by Stats. 1901. p. 4.13. and nmendment hp]cl unconstitu- tional, in Lewis v. Dunne, 134 Cal. 291; Mr. -Tusticp McFprland sav- ing. "The said act ... is unconstitutional, and void for all purposes, and is inoperative to chanj^e or in any way afPect the law of the s+^te as it stood immediately before the approval of said act. . . . The act covers one hundred and fifty pages of the published statutes 5 PRELIMINARY PROVISIONS. S ' of 1901; it, amends over four hundred sections; it repeals nearly one hundred sections; it changes the numbers of other sections; it adds a great many new sections; and it contains this clause, 'Certain title and chapter headings . . . are hereby inserted, changed, and amended,' and then follow several pages of insertions, changes, and amendments of such headings. . . . W^e are forced to the conclusion that this act is a revision, and void for want of re-enactment and publication at large of the revised law." Thus the attempted repeals or attempted amendments of the Penal Code as embodied in the act of the legislature of 1901 were declared unconstitutional and void. This act was the result of an act approved March 25, 1895 (Stats. 1895, p. 345), whereby the legislature created and established "a commission for revising, systematizing, and reform- ing the laws of this state," and provided that "said commission, to be known as 'The Commissioners for the Eevision aniT Eeform of the Law,' " should be appointed by the governor. This com- mission was duly appointed, and thereafter filed with the secretary of state a report recommending, among other things, a revision of the Penal Code, and the legislature (Stats. 1901, p. 117) embodied their recommendations in the act declared "unconstitutional, and void for all purposes." § 6. Effect of code upon past offenses. No act or omis- sion, commenced after twelve o'clock noon of the day on which this code takes effect as a law, is criminal or punish- able, except as prescribed or authorized by this code, or by some of the statutes, which it specifies as continuing in force and as not affected by its provisions, or by some ordi- nance, municipal, county, or township regulation, passed or adopted, under such statutes and in force when this code takes effect. Any act or omission commenced prior to that time may be inquired of, prosecuted, and punished in the same manner as if this code had not been passed. Effect on past offenses. Where, by subsequent statute, the punish- ment is increased, it is ex post facto, and inoperative: U. S. Const., art. i, § 10, sulid. ]. Legislation § 6. Enacted February 14, 1872. § 7. Certain terms defined in the senses in which they are used in this code. Words used in this code in the present tense include the future as well as the present ; words used in the masculine gender include the feminine and neuter ; the singular number includes the plural, and the plural the singular; the word ''person" includes a corporation as well as a natural person; the Avord "county" includes "city and county ' ' ; writing includes printing and typewriting ; oath includes affirmation or declaration ; and every mode of oral statement, under oath or affirmation, is embraced by the term "testify," and every written one in the term "de- pose"; signature or subscription includes mark, when the person cannot write, his name being written near it, by a § / PENAL CODE. 6 ])oi'S()ii mIm) \\rit<'s liis own iiiimo as a witnoss; provided, that when a sisnaturo is niado by mark it must, in order that tlio same may l)e acknowledged or serve as the signa- ture 1o any sworn statenieni, l)e witnesed by two peT'sons who must subsoril)e their own names as Avitnesses thereto. The l"()lh)win<>' words have in tliis code tlie signification attached to them in tliis section, unless othei-wise ai)])ai"ent from the context : 1. The word "willfully," when applied to the intent with which an act is done or omitted, implies simply a purpose or Avillingness to commit the act, or make the omission referred^ to. It does not require any intent to violate law, or to injure another, or to actiuire any advantage ; 2. The w^ords ''neglect," "negligence," "negligent," and "negligently" import a want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concerns ; 3. The Avord "corruptly" imports a Avrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to, or to some other person ; 4. The words "malice" and "maliciously" import a Avish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law^ ; 5. The Avord "knoAvingly" imports only a knoAvledge that the facts exist AA^hich bring the act or omission Avithin the provisions of this code. It does not require any knoAAdedge of the unlaAvfulness of such act or omission ; 6. The Avord "bribe" signifies anything of A^alue or ad- vantage, present or prospectiA-e, or any promise or under- taking to give any, asked, giA^en, or accepted, Avith a cor- rupt intent to influence, unlaAvfully, the person to Avhom it is given, in his action, vote, or opinion, in any public or official capacity; 7. The Avord "vessel," A\dien used Avith reference to ship- ping, includes ships of all kinds, steamboats, canal-boats, barges, and every structure adapted to be navigated from place to ijlace for the transportation of merchandise or persons ; 8. The Avords "peace officer" signify any one of the offi- cers mentioned in section eight hundred and seventeen ; 9. The Avord "magistrate" signifies any one of the officers mentioned in section eight hundred and eight ; 10. The Avord "property" includes both real and personal property ; 7 PRELIMINARY PROVISIONS. § 7 11. The words ''real property" are coextensive with lands, tenements, and hereditaments ; 12. The Avords "personal property" include money, goods, chattels, things in action, and evidences of debt; 13. The word "month" means a calendar month, unless otherwise expressed; the word "daytime" means the period between sunrise and sunset, and the word "night-time" means the period between sunset and sunrise ; 14. The word "will" includes codicil; 15. The word "writ" signifies an order or receipt in writing, issued in the name of the people, or of a court or judicial officer, and the word "process" a writ or summons issued in the course of judicial proceedings ; 16. Words and phrases must be construed according to the context and the approved usage of the language ; but technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in law, must be construed according to such peculiar and appropriate meaning ; 17. Words giving a joint authority to three or more public officers or other persons, are construed as giving such au- thority to a majority of them, unless it is otherwise expressed in the act giving the authority ; 18. When the seal of a court or public officer is required by law to be affixed to any paper, the word "seal" includes an impression of such seal upon the paper alone, or upon any substance attached to the paper capable of receiving a visible impression. The seal of a private person may be made in like manner, or by the scroll of a pen, or by Avrit- ing the word "seal" against his name; 19. The word "state," when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories; 20. The word ' ' section, ' ' whenever hereinafter employed, refers to a section of this code, unless some other code or statute is expressly mentioned. [Amendment approved 1905; Stats. 1905, p. 635.] •'Person' includes corporation: See post, § 599b. "Oath" includes affirmation: See post, § 119. "Night-time"': See post, §§ 450, 463. Legislation § 7. 1. Enacted February 14, 1872 (based on Mass. Rev. Laws 1858, c. iii, § 7; Iowa Rev. Laws 1860, e. ill, § 29; Field's Draft, §§ 762-781, N. Y. Pen. Code, §718), and then read: "When- ever the terms mentioned in this section are employed in the Penal Code, they are employed in the senses hereafter affixed to them, except where a different sense plainly appears — 1. The term 'will- fully,' when applied to the intent with which an act is done or 7 PENAL CODE. 8 omitted, implies simply ;i pur[)(jsc or willingness to commit the act, or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage. 2. The terms 'neglect,' 'negligence,' 'negligent' and 'negligently,' import a want of such attention to the nature or jjrobable conse- quences of the act or omission as a prudent man ordinarily bestows in acting in his own concerns. 3. The term 'corruptly' imports a wrongful design to acquire or cause some pecuniary or other advan- tage to the person guilty of the act or omission referred to, or to some other person. 4. The terms 'malice' and 'maliciously' import a wish to vex, annoy, or injure another person; established either by proof or presumption of law. 5. The term 'knowingly' imports only a knowledge that the facts exist which bring the act or omis- sion witliiu the provisions of this code. It does not require any knowledge of the unlawfulness of such act or omission. 6. The term 'bribe' signifies any money, goods, right in action, property, thing of value or advantage, present or prospective, or any promise or undertaking to give any, asked, given, or accepted, with a cor- rupt intent to influence, unlawfully, the person to whom it is given, in his action, vote, or opinion, in any public or official capacity. 7. The worTl 'vessel,' when used with reference to shipping, includes ships of all kinds, steamboats and steamships, canal-boats, and every structure adapted to be navigated from place to place. 8. The term 'peace officer' signifies any one of the officers mentioned in section eight hundred and seventeen of this code. 9. The term 'magistrate' signifies any one of the officers mentioned in section eight hundred and eight of this code. 10. The term 'signature' in- cludes any name, mark, or sign written with intent to authenticate any instrument or writing. 11. The term 'writing' includes both printing and writing. 12. The term 'land' and the phrases 'real estate' and 'real property,' include lands, tenements, and heredita- ments, and all rights thereto and interests therein. 1.3. The term 'personal property' includes every description of money, goods, chat- tels, effects, evidences of rights in action, and all written instru- ments by which any pecuniary obligation, right, or title to prop- erty is created, acknowledged, transferred, increased, defeated, dis- charged, or diminished, and every right or interest therein. 14. The word 'property' includes personal and real property. 1»5. The word 'month' means a calendar month, unless otherwise expressed, and the word 'j'ear,' and also the abbreviation 'A. C' is equivalent* to the expression 'year of our Lord.' 16. The word 'oath' includes 'affirmation' in all cases where an affirmation may be substituted for an oath; and in like cases the word 'swear' includes the word 'affirm.' Every mode of oral statement under oath or affirmation is embraced in the term 'testify,' and every written one, in the term 'depose.' 17. When the seal of a court or public officer, or officer, is required by law to be affixed to any paper, the word 'seal' includes an impression of such seal upon the paper alone, as well as upon wax or a wafer affixed thereto. 18. The word 'state,' when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words 'United States' may include the district and territories. 19. Where the term 'person' is used in this code to designate the party whose property may be the subject of any offense, it includes this state, any other state, government, or country which may lawfully own any property within this state, and all public and private corpora- tions or joint associations, as well as individuals. 20. The word 9 PRELIMINARY PROVISIONS. § 8 'person' includes bodies politic and corporate. 21. The singular number includes the plural, and the plural the singular. 22. Words used in the masculine gender compretiend, as well, the feminine and neuter. 23. Words used in the present tense include the fiiture, but exclude the past. 21. The word 'will' includes codicils. 25. Words and phrases must be construed according to the context and the approved usage of the language; but technical words and phrases, and such others as may have acquired a peculiar and ap- propriate meaning in law, must be construed according to such peculiar and appropriate meaning. 26. Words giving a joint author- ity to three or more public officers or other persons, are construed as giving such authority to a majority of them, unless it be other- wise expressed in the act giving the authority." 2. Amended by Code Amdts. 1873-74, p. 419, (1) the introductory paragraph reading the same as the present amendment, down to the words "natural person," thereafter the paragraph proceeding, "writing includes printing; oath includes affirmation or declaration; and every mode of oral statement under oath or affirmation is em- braced by the term 'testify,' and every written one in the term 'depose'; signature or subscription includes mark, when the person can[not]i write, his name being written near it, and witnessed by a person who writes his own name as a witness"; (2) the second paragraph of the present amendment was the final sentence of the introductory paragraph, and had the word "also" before "have"; (3) subd. 7 had the words "canals, boats," instead of "canal-boats"; (4) subd. 8 had the words "The word 'peace officer' signifies" instead of "The words 'peace officer' signify" and the words "of this code" at end of subdivision; (5) subd. 9 also had the words "of this code" at end of subdivision; (6) subd. 13 ended with the words "other- wise expressed"; (7) subd. 17 had the vi^ord "be" instead of "is" before "otherwise"; (S) the section then ending with subd. 19. 3. Amendment by Stats. 1901, p. 434; unconstitutional. See note, § 5, ante. 4. Amended by Stats. 1905, p. 635; the code commissioner saying, "The purpose of the amendment is to make the section conform to the corresponding sections of the Civil Code and of the Code of Civil Procedure. The changes consist in the addition of the words 'county includes city and county'; of the words 'and typewriting'; and of the clause 'provided, that when a signature is made by mark, it must, in order that the same may be acknowledged or serve as the signature to any sworn statement, be witnessed by two persons who must subscribe their own names as witnesses thereto.' The above changes make the above section conform to the corresponding subdivision in § 17 of the Code of Civil Procedure and in § 14 of the Civil Code. The definitions of 'night-time' and 'daytime' are added in subd. 13, following the definitions in §§ 450 and 463 of this code, which confined the definitions to the chapters in which they occurred. The word 'canal-boat' is printed 'canals, boats,' in Ihe official statutes of 1873-74, p. 421, amending the section, and is hereby corrected to conform to the manifest intention of the stat- ute, and to the original form of the section as enacted in the code of 1872. Subd. 20 is also added to correspond with a like provision in the other codes." § 8. What intent to defraud is sufficient. Whenever, by any uf the i)roYisions of this eode, an intent to defraud is required in order to constitute any offense, it is sufficient § 13 PENAL CODE. 10 ir an inlciit apjx'iirs to (li'Jfaud any person, association, or body politic (jr corporate, wliatever. Legislation § 8. Enacted February 14, 1872; based on Field's Draft, § 7S2, N. Y. Pen. Code, § 721. § 9. Civil remedies preserved. The omission to specify or affirm in tliis code any liability to damages, penalty, for- feiture, or other remedy imposed by law and allowed to be recovered or enforced in any civil action or proceeding, for any act or omission declared punishable herein, does not affect any right to recover or enforce the same. Legislation § 9. Enacted February 14, 1872; identical with Field's Draft, § 783, N. Y. Pen. Code, § 722. § 10. Proceedings to impeach or remove ofRcers and others preserved. The omission to specify or affirm in this code any ground of forfeiture of a public office, or other trust or special authority conferred by law, or any power conferred by law to impeach, remove, depose, or suspend any public officer or other person holding any trust, ap- pointment, or other special authority conferred by law, does not affect such forfeiture or power, or any proceeding authorized by law to carry into effect such impeachment, removal, deposition, or suspension. Legislation § 10. Enacted February 14, 1872; identical with Field's Draft, § 784, N. Y. Pen. Code, § 723. § 11. Authority of courts-martial preserved. Courts of justice to punish for contempts. This code does not affect any power conferred by law upon any court-martial, or other military authority or officer, to impose or inflict pun- ishment upon offenders ; nor any power conferred by law upon any public body, tribunal, or of^cer, to impose or inflict punishment for a contempt. Legislation § 11. Enacted February 14, 1872; based on Field's Draft, § 785, N. Y. Pen. Code, § 724. § 12. Of sections declaring- crimes punishable. Duty of court. The several sections of this code which declare cer- tain crimes to be punishable as therein mentioned, devolve a duty upon the court authorized to pass sentence, to deter- mine and impose the punishment prescribed. Appointing time of pronouncing judgment: Post, § 1191. Showing cause against the judgment: Post, § 1201. Legislation § 12. Enacted February 14, 1872; identical with Field's Draft, § 11, N. Y. Pen. Code, § 12. § 13. Punishments, how determined. Whenever in this code the punishment for a crime is left undetermined be- tween certain limits, the punishment to be inflicted in a H PRELIMlNxVRY PROVISIONS. § 17 particular case must be determined by the court authorized to pass sentence, within such limits as may be prescribed by this code. Legislation § 13. Enacted February 14, 1872; based on Field's Draft, § 12,'n. Y. Pen. Code, § 13. § 14. Witness 's testimony may be 'read against him on prosecution for perjury. The various sections of this code which declare that evidence obtained upon the examination of a person as a witness cannot be received against him in any criminal proceeding, do not forbid such evidence being proved against such person upon any proceedings founded upon a charge of perjury committed in such examination. Legislation § 14. Enacted February 14, 1872; based on Field's Draft, § 761, N. Y. Pen. Code, § 712. §15. "Crime" and "public offense" defined. A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the folloAving punish- ments : 1. Death ; 2. Imprisonment ; 3. Fine; 4. Removal from office ; or, 5. Disqualification to hold and enjoy any office of honor, trust, or profit in this state. Crime and public offense: See post, §§ 16, 17. Subd. 1. Death punishment in case of treason: See post, § 37. Of murder: Post, § 190. Subd. 4. Removal from office: See post, §§ 737 et seq.; Const., art. iv., §§ IS, 21, art. xii, § 19. Subd. 5. Disciualification to hold office: Const., art. iv, § 21, art. XX, §§ 10, 11. Legislation § 15. 1. Enacted February 14, 1872; based on Field's Draft, § 3, N. Y. Pen. Code, § 3. 2. Amendment by Stats. 1901, p. 435; unconstitutional. See note, § 5, ante. § 16. Crimes, how divided. Crimes are divided into : 1. Felonies ; and, 2. Misdemeanors. Felony and misdemeanor, defined: See infra, § 17. Legislation § 16. Enacted February 14, 1872; based on Field's Draft, § 4, N. Y. Pen. Code, §4; also based on Stats. 1S51, p. 212, § 3, which read: "Public offenses are divided into, 1st. Felonies, and 2d. Misdemeanors." § 17. Felony and misdemeanor defined. A felony is a crime which is punishable with death or by imprisonment in the state prison. Every c'dier crime is a misdemeanor. § 21 I'lCNAL CODE. 12 When a criinc,. i)iinisli;il)l(' by imprisonincnt in tlic statr prison, is also punishable by fine or iuiprisoniuent in a county jail, in the discretion of the court, it shall be deemed a misdemeanor for all purposes after a judgiiKy-it imposing a punishment other than imprisonment in the state prison. [Amendment approved 1874; Code Amdts. 1873-74, p. 455.] Legislation § 17. 1. Enacted February 14, 1872; the first sentence based on Field's Draft, § 5, N. Y. Pen. Code, § 5, and the second identical with Field's Draft, § 6, N. Y. Fen. Code, § 6; also based on Stats. 1851, p. 212, §§ 4, 5, which read: "§ 4. A felony is a public ofliense punishable by death, or by imprisonment in a state prison. § 5. Every other public offense is a misdemeanor." When enacted in 1872, § 17 read: "A felony is a crime which is, or may be, pun- ishable with death, or by imprisonment in the state prison. Every other crime is a misdemeanor." 2. Amended by Code Amdts. 1873-74, p. 455. § 18. Punishment of felony, when not otherwise pre- scribed. Except in cases where a different imnishment is prescribed by this code, every offense declared to be a felony is punishable by imprisoinnent in the state prison, not exceeding- five years. Legislation § 18. Enacted February 14, 1872; based on Field's Draft, § 13, N. Y. Pen. Code, § 14. § 19. Punishment of misdemeanor, when not otherwise prescribed. Except in cases where a different punishment is prescribed by this code, every offense declared to be a misdemeanor is punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding five hundred dollars, or by both. Legislation § 19. Enacted February 14, 1872; based on Field's Draf t, § 14, N. Y. Pen. Code, § 15; also based on Crimes and Pun- ishment Act, Stats. 1850, p. 247, § 143, which read: "§ 143. Every offense or act which by law is declared to be a misdemeanor, and for which no punishment is specially prescribed, shall be punished by imprisonment in the county jail not exceeding six months, or by fine not exceeding five hundred dollars, or by both fine and impris- onment." § 20. To constitute crime there must be unity of act and intent. In every crime or public offense there must exist a union, or joint operation of act and intent, or criminal negligence. Intoxication, effect of: Post, § 22. Insanity: Post, § 26. Legislation § 20. Enacted February 14, 1872; based on Crimes and Punisliment Act, Stats. 1850, p. 229, § 1, which had "intention" instead of "intent." § 21. Intent, how manifested, and who considered of sound mind. The intent or intention is manifested by the 13 PRELIMINARY PROVISIONS. § 23 circunisliiiices connected with the offense, and the sound mind and discretion of the accused. All persons are of sound mind Avho arc neither idiots nor lunatics, nor effected with insanity. Presumptions as to intention. Conclusive presumption, it is pro- vided ill tlie Code of Civil I'rocediire tliat a malicious and guilty intent, from the deliberate commission of au unlawful act, for the jHirpose of injuring another, shall be conclusively presumed: Code Civ. Proc, § 19G2. Legislation § 21. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 18-50, p. 229, §§ 2, 3, which read: "§ 2. Intention is manifested by the circumstances connected with, the perpetration of the offense, and the sound mind and discretion of the person accused. § 3. A person shall be considered of sound mind who is neither an idiot, nor lunatic, nor affected with insanity, and who hath arrived at the age of fourteen years; or before that age, if such person knew the distinction between good and evil." §22. Drunkenness no excuse for crime. When it may be considered. No act committed by a person Avhile in a state of voluntary intoxication is less criminal by reason of his having been in such condition. But whenever the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in deter- mining the purpose, motive, or intent Avith which he com- mitted the act. Legislation § 22. Enacted February 14, 1872; based on Field's Draft, § 17, N. Y. Pen. Code, § 22; also based on Crimes and Pun- ishment Act, Stats. 1850, p. 230, § 8, which read: "§ 8. Drunken- ness shall not be an excuse for any crime, unless such drunkenness be occasioned by the fraud, contrivance, or force of some other person or persons, for the purpose of causing the perpetration of an offense, in which case the person or persons so causing said drunkenness for such malignant purpose shall be considered prin- cipal or principals, and suffer the same punishment as would have been inflicted on the person or persons committing the offense, if he, she, or they had been possessed of sound reason and discretion." §23. Certain statutes specified as continuing in force. Nothing in this code affects any of the provisions of the following statutes, but such statutes are recognized as con- tinuing in force, notwithstanding the provisions of the codes, except so far as they have been repealed or affected by sub- sequent laws : 1. All acts incorporating or chartering municipal corpora- tions, and acts amending or supplementing such acts.' 2. All acts consolidating cities and counties, and acts amending or supplementing such acts. § 23 PENAL CODE. 14 3. All acts foi' i'uiuliiig- the stato debt, or any part tiiereof, and for issuing state l)onds, and acts amending or supple- menting such acts. 4. All acts regulating and in relation to rodeos. 5. All acts in relation to judges oi" the plains. 6. All acts creating or I'egulating boards of water com- missioners and overseers in the several townships or coun- ties of the state. 7. All acts in relation to a branch state prison. 8. An act for the more effectual prevention of cruelty to animals, approved ]\Iarch thirtieth, eighteen hundred and sixty-eight. 9. An act for the suppression of Chinese houses of ill-fame, approved March thirty-first, eighteen hundred and sixty- six. 10. An act relating to the Home of the Inebriate of San Francisco, and to prescribe the powers and duties of the board of managers and the officers thereof, approved April first, eighteen hundred and seventy. 11. An act concerning marks and brands in the county of Siskiyou, approved March twentieth, eighteen hundred and sixty-six. 12. An act to prevent the destruction of fish in the waters of Bolinas Bay, in Marin County, approved March thirty- first, eighteen hundred and sixty-six. 13. An act concerning trout in Siskiyou County, approved April second, eighteen hundred and sixty-six. 14. An act to prevent the destruction of fish in Napa River and Sonoma Creek, approved January twenty-ninth, eighteen hundred and sixty-eight. 15. An act to prevent the destruction of fish and game in, upon, and around the Avaters of Lake Merritt or Peralta, in the county of Alameda, approved March eighteenth, eigh- teen hundred and seventy. lb. An act to regulate salmon fisheries in Eel River, in Humboldt County, approved April eighteenth, eighteen hun- dred and fifty-nine. 17. An act for the better protection of stock-raisers in the counties of Fresno, Tulare, Monterey, and Mariposa, ap- proved March twentieth, eighteen hundred and sixty-six. 18. An act concerning oysters, approved April tAventy- eighth, eighteen hundred and fifty-one. 19. An act concerning oyster-beds, approved April second, eighteen hundred and sixty-six. 20. An act concerning gas companies, approved April fourth, eighteen hundred and seventy. 15 PRELIMINARY PROVISIONS. § 24 Further acts in force: See Pol. Code, §§ 19, 4442. Subds. 1-6. References to the acts referred to in the first six sub- divisions will be found in the General Laws, under the various titles. Subds. 8-20. The act referred to in subd. 8 will be found in Stats. 1867-68, p. 604, amended 1871-72, p. 393; but see Stats. 1873- 74, p. 499. In subd. 9, see Stats. 1865-66, p. 641; amended by Stats. 1873-74, p. 84; superseded by Pen. Code, § 315. In subd. 10. see Stats. 1869-70, p. 585; Stats. 1875-76, p. 325; repealed by Stats. 1895, pp. 76, 201. In subd. 11, see Stats. 1865-66, p. 332. In subd. 12, see Stats. 1865-66, p. 637. In subd. 13, see Stats. 1865-66, p. 857. In subd. 14, see Stats. 1867-68, p. 13; but see amendment, Stats. 1871- 72, p. 441. In subd. 15, see Stats. 1869-70, p. 325. In subd. 16, see Stats. 1859, p. 298. In subd. 17, see Stats. 186.5-66, p. 322. In subd. 18, see Stats. 1851, p. 432; but see repealing clause, Stats. 1873-74, p. 940. In subd. 19, see Stats. 1865-66, p. 848; but see repealing clause in Stats. 1873-74, p. 940. Amendments and new sections. Many amendments and new sec- tions to the Penal Code are taken from "An act to amend the Penal Code," approved March 30, 1874; Code Amdts. 1873-74, p. 419. The amendatory act contained two other sections, in reference to the effect of the new iirovisions, as follows: Sec. 88. All provisions of law inconsistent with the provisions of this act are repealed, except as to offenses committed before this act takes effect, and as to such offenses and for the punishment of parties guilty thereof, the repealed provisions shall continue in force. Sec. 89. This act shall take effect on the first day of July, one thousand eight hundred and seventy-four. Legislation § 23. Enacted February 14, 1872. § 24. This act, how cited. This act, whenever cited, enumerated, referred to, or amended, may be designated simply as The Penal Code, adding, when necessary, the number of the section. This act, how cited. The constitution nowhere uses the word "code," but speaks of the way in which an "act" may be revised or amended: Const., art. iv, § 24. See opinion of Mr. Justice McKiu- stry, in Earle v. Board of Education, 55 Cal. 494. Title of the act: See ante, § 1. jljegislation § 24. Enacted February 14, 1872. PAliT 1. CRIMES AND PUNISHMENTS. Title I. Persons Liable to Punishment for Crime. §§ 26- 28. II. Parties to Crime. §§ 30-33. III. Offenses against the Sovereignty of the State. §§ 37, 38. IV. Crimes against the Elective Franchise. §§ 40- 64b. V. Crimes by and against the Executive Power of the State. §§ 65-77. VI. Crimes against the Legislative Power. §§ 81-89. VII. Crimes against Public Justice. §§ 92-185. VIII. Crimes against the Person. §§ 187-259. IX. Crimes against the Person and against Public Decency and Good Morals. §§ 261-367e. X. Crimes against the Public Health and Safety. §§ 368-402e. XI. Crimes against the Public Peace. §§ 403-421. XII. Crimes against the Revenue and Property of THIS State. §§ 42^443. XIII. Crimes against Property. §§ 447-593a. XIV. jNIalicious Mischief. §§ 594-625a. XV. Miscellaneous Crimes. §§ 626-653e. XVI. General Provisions. §§ 654-681. Pen. Code — 2 (17) 19 PERSONS LIABLE TO PUNISHMENT FOR CRIME. § 2G TITLE 1. Persons Liable to Punishment for Crime. § 26. Who are capable of eoinniitting crimes. § 27. Who are liable to punishment. § 28. Prisoners to be discharged on MondaJ^ [Repealed.] § 26. Who are capable of committing- crimes. All per- sons are capable of committing crimes except those belong- ing to the following classes : One. Children under the age of fourteen, in the absence of clear proof that at the time of committing the act charged against them, they knew its wrongfulness. Two. Idiots. Three. Lunatics and insane persons. Four. Persons who committed the act or made the omis- sion charged under an ignorance or mistake of fact, Avhich disproves any criminal intent. Five. Persons who committed the act charged Avithout being conscious thereof. Six. Persons Avho committed the act or made the omission charged through misfortune or by accident, Avhen it appears that there was no evil design, intention, or culpable negli- gence. Seven. Married women (except for felonies) acting under the threats, command, or coercion of their husbands. Eight. Persons (unless the crime be punishable with death) who committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to and did believe their lives w^ould be endangered if they refused. [Amendment approved 1874; Code Amdts. 1873-74, p. 422.] Compelling commission of crime by threat: See post, § 31. Menace as affecting liability: See post, § 31. Insane persons, criminal liability of: See post, §§ 1367 et seq. Acquittal on the ground of insanity, proceedings after, and com- mitment to asylum: Post, § 11G7. Submitting the question of sanity to a jury: Post, § 1368. Legislation § 26. 1. Enacted February 14, 1872; based on Field's Draft, §16, N. Y. Pen. Code, §§ 16, 17, 18, 19, 20, 21, 24, 25; also based on Crimes and Punishment Act, Stats. 1850, p. 230, §§ 4, 5, 7, 9, 10. When enacted in 1872, § 26 differed from the amendment of 1873-74 (the present section), (1) in subd. 1, having the word "years" after "fourteen"'; (2) subd. 7 reading, "7. Married women (unless the crime be punishable with death) acting under the threats, command, or coercion of their husbands." 2. Amended by Code Amdts. 1873-74, p. 422. § 28 PENAL CfJDE. 20 §27. Who are liable to punishment. Tlic following' jx-i-- soiis arc liable to punishment under liic laws of this state: 1. All persons wlio enniuiit, in wlndf or in ])ai'l, any ei-inie within this state ; 2. All Avho coniniit any ollense without tliis static whieli, ii" eonnnitted Avitliin this state, avouUI be larceny, ro])bery, or embezzlement under the laws of this state, and ))i-ing the property stolen or embezzled, or any part of it, or are found with it, or any part of it, within this state ; 3. All who, being without this state, cause or aid, advise or encourage, another person to commit a crime within this state, and are afterwards found therein. [Amendment approved 1905; Stats. 1905, p. 638.] Abetting out of state: See post, § 77Sb. Bringing stolen property into state: See post, §§ 497, 789. Non-resident aiding in a crime in this state: See post, § 778b. Legislation § 27. 1. Enacted February 14, 1872 (based on Field's Draft, § 15, N. Y. Pen. Code, § 16), (1) the introductory paragraph and subd. 1 reading as at present; (2) subds. 2 and 3 reading, "2. All who commit larcenj' or robbery out of this state, and bring to, or are found with the property stolen, in this state; 3. All who, being out of the state, cause or aid, advise, or encourage, another person to commit a crime within this state, and are afterwards found therein." 2. Amendment by Stats. 1901, p. 436; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 638; the code commissioner say- ing, "The amendment consists of a recasting of subd. 2, designed to make it punishable in this state to embezzle money in another state and bring the money embezzled or some part of it into this state. The old section authorized the conviction and punishment of persons committing larcenj"- or robbery outside the state, who brought the property stolen into this state, but did not extend to the case of embezzlement." § 28. Prisoners to be discharged on Monday. [Repealed 1905; Stats. 1905, p. 491.] Legislation § 28. 1. Added by Stats. 1901, p. 11. 2. Amended by Stats. 1903, p. 236. 3. Kepealed by Stats. 1905, p. 491. 21 PARTIES TO CKIMI'J. §31 TITLE II. Parties to Crime. § 30. Classification of parties to crime. § 3]. Wiio are principals. § 32. Who are accessories. § 33. Punishment of accessories. § 30. Classification of parties to crime. Tlic parties to crimes are classitied as: 1. Principals; and, 2. Accessories. Principals: See post, §31. Accessories: See post, § 32. Legislation § 30. Enacted February 14, 1872; identical with Pield's Draft, § 26, N. Y. Pen. Code, § 28. The code commissioners cite 4 Bl. Com., p. 32. § 31. Who are principals. All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constitnting the offense, or aid and abet in its commission, or, not being present, have advised and enconraged its commission, and all persons counseling, advising, or encouraging children under the age of fourteen years, lunatics or idiots, to com- mit any crime, or who, by fraud, contrivance, or force, occasion the drunkenness of another for the purpose of causing him to commit any crime, or who, by threats, menaces, command, or coercion, compel another to commit any crime, are principals in any crime so committed. Compelling commission of crime by threat: See ante, § 26. Menace as affecting liability: See ante, § 26. Legislation § 31. Enacted February 14, 1872; based on Field's Draf t, § 27, N. Y. Pen. Code, §29; also based on Crimes and Pun- ishment Act, Stats. 1850, p. 230, §§ 11, 12, which read: "§ 11. An accessory is he or she who stands by and aids, abets, or assists; or who not being present aiding, abetting, or assisting, hath advised and encouraged the perpetration of the crime. He or she who thus aids, abets or assists, advises or encourages, shall be deemed and considered as principal, and punished accordingly. § 12. An ac- cessory after the fact is a person who, after full knowledge that a crime has been committed, conceals it from the magistrate, or harbors and protects the person charged with or found guilty of the crime. Any person being found guilty of being an accessory after the fact shall be imprisoned for any term not exceeding two years, and fined in a sum not exceeding live thousand dollars, to be regulated by the circumstances of the case and the enormity of the crime." The code commissioners say: "The commissioners rec- ommend the abrogation of the distinction between an accessory before the fact and a principal, for the reason that section 11 of § 33 PENAL CODE. 22 the Crimes ami Punishment Act (Stats. 1850, p. 229) already de- clares that the accessory before the fact 'siiall be deemed and con- sidered as principal, and punished accordingly.' To retain the phrase, 'accessory before the fact' would be useless." §32, Who are accessories. All persons avIio, after full kiioAvledge that a felony has been eonnuitted, co]iceal it from the magistrate, or harbor and protect the person charged with or convicted thereof, are accessories. Legislation § 32. Enacted February 14, 1872; based on Field's Draft, § 28, N. Y. Pen. Code, §30; also based on Crimes and Pun- ishment Act, Stats. 1850, p. 320, § 12, q. v., ante, Legislation § 31. The code commissioners say: "The commissioners having recom- mended the abrogation of the distinction between accessories before the fact and principals, if that recommendation is concurred in, there is no longer need of retaining the phrase 'accessory after the fact.' " § 33. Punishment of accessories. Except in cases where a different punishment is prescribed, an accessory is pun- ishable by imprisonment in the state prison not exceeding five years, or in a county jail not exceeding two years, or by fine not exceeding five thousand dollars. Aiding in misdemeanor is a misdemeanor: Sec post, § 659. Legislation § 33. Enacted February 14, 1872; based on Field's Draft, § 30, N. Y. Pen. Code, §33; also based on Crimes and Pun- ishment Act, Stats. 1850, p. 230, § 12, q. v., ante. Legislation § 31. 23 CLAIMS AGAINST SOVEREIGNTY OF STATE. § 38 TITLE III. Offenses against the Sovereignty of the State. § 37. Treason, who only can commit. § 38. Misprision of treason. § 37. Treason, who only can commit. Treason against this state consists only in levying war against it, adhering to its enemies, or giving them aid and comfort, and can be committed only by persons owing allegiance to the state. The pnnishment of treason shall be death. Constitutional provisions. Treason against a state is an offense at common law, and is so recognized in the constitution of the United States: See U. S. Const., art. iv, § 2. Treason against the state shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be con- victed of treason unless on the evidence of two witnesses to the same overt act, or confession in open court: Const., art. i, § 20; see also U. S. Coast., art. iii, § 3. Two witnesses necessary: See Code Civ. Proc, § 1968. Owing allegiance to the state: See Pol. Code, §§ 55, 56. Legislation § 37. Enacted February 14, 1872; based on Field's Draft, §§57, 60, N. Y. Pen. Code, §§ 37, 38; also based on Crimes and Punishment Act, Stats. 1850, p. 231, §§ 16, 17, which read: "§ 16. Crimes against the government and people shall consist in treason and misprision of treason, and can he committed only by persons owing allegiance to the state. § 17. Treason against the state shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason unless on the evidence of two witnesses to the same overt act, or confession in open court. The punishment of treason shall be death. When the overt act of treason shall be committed with- out the limits of this state, the person charged therewith may be arrested, tried, and punished in any county of this state within the limits of which he may be found, and the offense may be charged to have been committed in the county where he may be arrested." § 38. Misprision of treason. Misprision of treason is the knowledge and concealment of treason, withont otherwise assenting to or participating in the crime. It is pnnishable by imprisonment in the state prison for a term not exceed- ing five years. Legislation § 38. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 231, § 18, which read: "§ 18. Misprision of treason shall consist in the knowledge and conceal- ment of treason, without otherwise assenting to, or participating in the crime. Any person being found guilty thereof shall be pun- ished by confinement in the state prison for any term not exceeding five years." § 40 I'ENAL CODE. 24 TITLE IV. Crimes against the Elective Franchise. § 40. Person acting as election oflicei- without appointment. § 41. A'iolation of election laws by certain officers a felony. § 42. Fraudulent registration a felony. § 42a. Allowing fraudulent registration. § 43. Eefusal to be sworn by or to answer questions of board of judges of election a misdemeanor. § 44. Eefusal to obey summons of board of registration a mis- demeanor. § 4o. Fraudulent voting. § 46. Attempting to vote when not qualified. § 47. Procuring illegal voting. § 48. Changing ballots or altering returns by election officers, felonies. § 49. Officers of election unfolding or marking ballots. § 49a. Officer of election who cannot read or write or refusing to serve. § 50. Forging or altering returns. § 50a. Penalty for signing false name to petitions. § 51. Adding to or subtracting from votes cast. § 52. Persons aiding and abetting or concealing guilty of felony. § 53. Intimidating, corrupting, deceiving, or defrauding electors, a felony. § 54. Furnishing money for elections except for specific purposes. § 54a. Receiving or contracting for any money or thing of value for voting or not voting. § 54b. Promising or contributing any money or valuable consideration for a person's voting or not voting. § 55. Unlawful offers to procure offices for electors. § 55a. Soliciting or demanding that a candidate vote for or against any measure or bill. § 56. Communicating such offer. § 57. Giving or offering bribes to members of legislative caucus, etc. § 57a. Officers of election aiding in wrong-doing. § 58. Preventing public meetings. § 59. Force, violence, or restraint nsed to influence vote. § 60. Betting on elections. § 61. Violation of election laws by persons not officers. § 62. Violation of election laws as to tickets. § 62a. Circulation of anonymous circulars referring to political candi- dates, a misdemeanor. § 62b. Printer must put imprint on printed matter. § 63. United States senator, candidates for, must not give or promise pecuniary aid to legislative candidates. § 63i. Members of legislature shall not accept any valuable considera- tion. § 63b. Sale of intoxicants on election days. § 64. No prosecution against witnesses testifying in election cases. § 64^. Punishment of offenses against primary, election laws. § 64b. Misrepresentation in securing signers. Circulation of false statements. Petitions containing false' signatures. Signing more than once. Penalty. § 40. Person acting* as election officer without appoint- ment. Any ijor.son avIio acts as an olection officer at any 25 CRIMES AGAINST THE ELECTIVE FRANCHISE. § 42a oloctioH, without first hiiAiiif>' Ixhmi appointtxl and qualified as such, and any person Avho, not being an eh^'tion officer, performs or discharges any of the duties of an election offi- cer, in regard to the handling or counting or canvassing of any ballots cast at any election, shall be guilty of a felony, and on conviction be punished by imprisonment in the state prison for not less than two nor more than seven years. Legislation § 40. Added by Stats. 1895, p. 74. § 41. Violation of election laws by certain officers a felony. Every person charged Avith the performance of any duty, under the provisions of any law of this state relating to elections, who willfully neglects or refuses to perform it, or who, in his official capacity, knoAvingly and fraudulently acts in contravention or violation of any of the provisions of such laws, is, unless a different punishment for such acts or omissions is prescribed by this code, punishable by fine not exceeding one thousand dollars, or by imprisonment in the state prison not. exceeding five years, or by both. Legislation § 41. Enacted Tebruary 14, 1872; based on Stats. 1S67-GS, pp. 647-655. § 42. Fraudulent registration a felony. Every person Avho AvillfuUy causes, procures, or alloAvs himself to be regis- tered ill any register of electors required by law to be made or kept, knowing himself not to be entitled to such registra- tion, is punishable by imprisonment in the state prison for not less than one nor more than three vears. [Amendment approved 1905 ; Stats. 1905, p. 639.] Legislation § 42. 1, Enacted February 14, 1872 (based on Stats. 1865-66, p. 299, §34), and then read: "Every person who willfully causes, procures, or allows himself to be registered in the great register of any county, knowing himself not to be entitled to such registration, is punishable by fine not exceeding one thousand dol- lars, or by imprisonment in the county jail or state prison not ex- ceeding one year, or by both. In all cases where, on the trial of a person charged with any offense under the provisions of this sec- tion, it appears in evidence that the accused stands registered in the great register of any county, without being qualified for such registration, the court must order such registration to be canceled." 2. Amendment by Stats. 1901, p. 436; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 639; the code commissioner saying, "The amendment conforms the section to § 21 of the Purity of Elections Act (Stats. 1893, p. 12)." § 42a. AUov^ing fraudulent registration. Every person who willfully causes, procures, or allows any other person to be registered in any register of electors required by law to be made or kept, knowing him not to be entitled to such § 45 PENAL CODE. 2G rcgislratioii, is [)uiiislial)l(' by iinpi-isoiiinciit in tin; state l)i-isoii for not less than one nor more than tliree years. Legislation § 42a. 1. Addition by Stats. 1901, p. 436; unconstitu- tional. See note. § .l, ante. 2. Added by Stats. 1905, p. 639; the code coinmissioner saying, "This is a codification of § 22 of the Purity of Elections Act (Stats. 1893, p. 12)." § 43. Refusal to be sworn by or to answer questions of board of judges of election a misdemeanor. Every person who, after l)eing required by the Ijoard of judges at any election, refuses to be sworn, or, being sworn, refuses to ansAver any pertinent question, propounded by such board, touching the right of another to vote, is guilty of a mis- demeanor. [Amendment approved 1874 ; Code Amdts. 1873-74, p. 423.] Legislation § 43. 1. Enacted February 14, 1872 (based on Stats. 1865-66, p. 511, § 5), and then read: "Every person who, after being required by the board of judges at any election, refuses to be sworn, or who, after being sworn, refuses to answer any pertinent ques- tion propounded by such board touching his right, or the right of any other person to vote, is guilty of a misdemeanor." 2. Amended by Code Amdts. 1873-74, p. 423. § 44. Refusal to obey summons of board of registration a misdemeanor. ]^]very person summoned to appear and testify before any board of registration, who willfully dis- obeys such summons, is guilty of a misdemeanor. Legislation § 44. Enacted February 14, 1872; based on Stats. 1867-68, p. 652, § 15. § 45. Fraudulent voting'. Every person not .entitled to vote who fraudulently votes, and every person who votes more than once at any one election, or knowingly hands in two or more tickets, folded together, or changes any ballot after the same has l)een deposited in the ballot-box, or adds, or attempts to add, any ballot to those legally polled at any election, by fraudulently introducing the same into the bal- lot-box either before or after the ballots therein have been counted ; or adds to, or mixes with, or attempts to add to or mix with, the ballots lawfully polled, other ballots, while the same are being counted or canvassed, or at any other time, with intent to change the result of such election ; or carries away or destroys, or attempts to carry aAvay or destroy, any poll-lists, or ballots, or ballot-box, for the pur- pose of breaking up or invalidating such election, or Avill- fuUy detains, mutilates, or destroys any election returns, or in any manner so interferes with the officers holding such election or conducting such canvass, or with the voters law- 27 CRIMES AGAINST THE ELECTIVE FRANCHISE. § 47 fully exercising their rights of voting at such election, as to prevent such election or canvass fi-oni being fairly held and laAvfuly conducted, is guilty of a felony. [Amendment' approved 1905; Stats. 1905, p. 639.] Legislation § 45. 1. Enacted February 14, 1872; based ou Stats. 1855, p. 296, § 1; Stats. 1858, p. 165, § 1. 2. Amendmeut by Stats. 1901, p. 436; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 639, (1) omitting the word "either" before "by fraudulently introducing" and inserting it before the words "before or after the ballots"; (2) changing "poll-list" to "poll-lists"; (3) adding the article "a" before "felony" at end of section; the code commissioner saying, "Two clerical errors are cor- rected. The word 'illegally,' before 'polled,' is changed to 'legally' [the code commissioner is in error; the word "legally" is correctly printed in the original code].; and the word 'either' is omitted after 'elector,' [sic] and inserted between 'ballot-box' and 'before.' " § 46. Attempting to vote when not qualified. Every per- son not entitled to vote, who fraudulently attempts to vote, or who, being entitled to vote, attempts to vote more than once at any election, or who personates, or attempts to personate, a person legally entitled to vote, is punishable by imprisonment in the state prison for not less than one nor more than two years. [Amendment approved 1905 ; Stats. 1905, p. 640.] Legislation § 46. 1. Enacted February 14, 1872 (based on Elec- tions Act, Stats. 1S50, p. Ill, § 101), and then read: "Every person not entitled to vote, who fraudulently attempts to vote, or who, being entitled to vote, attempts to vote more than once at any elec- tion, is guilty of a misdemeanor." 2. Amendment by Stats. 1901, p. 437; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 640; the code commissioner saying, "§24 of the Purity of Elections Act (Stats. 1893, p. 32) is here codified." § 47. Procuring' illegal voting. Every person who pro- cures, assists, counsels, or advises another to give or offer his vote at any election, knowing that the person is not qualified to vote, or who aids or abets in the commission of any of the offenses mentioned in the preceding section, is punishable by imprisonment in the state prison not exceed- ing two years. [Amendment approved 1905; Stats. 1905, p. 640.] Legislation § 47. 1. Enacted February 14, 1872 (based on Stats. 1865-66, p. 511, §8), and then read: "Every person who procures, aids, assists, counsels, or advises another to give or offer his vote at any election, knowing that the person is not qualified to vote, is guilty of a misdemeanor." 2. Amendment by Stats. 1901, p. 437; unconstitutional. See note, § 5, ante. ;:; 40 PENAL CJODIO. 28 3. Amended by Stats. 1905, p. 640; the code commissioner aaying, "§28 of tiie Piiiity of iOIectious Act (Stats. 1893, p. 12) is 'here codified." § 48. Changing ballots or altering returns by election officers, felonies. Im-ci-v ofdcor or elork of oloetioii wlio aids ill (•li;in<;iii nunihors, the section has been inserted under both numbers. § 51. Adding to or subtracting from votes cast. Every person avIio willi'ully adds to, or su])tracts from, the votes actually cast at an election, in any official or unofficial re- turns, or who alters such returns, is punishahle ])y impris- onment in the state prison foi* not less than one nor more than five years. [Amendment approved ]005; Stats. 1905, p. 461.] Legislation § 51. 1. Enacted February 14, 1872; based on Stats. ]S03, p. 399, § 1. 2. Amendment by Stats. 1901, p. 438; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 461, adding "official or unofficial" before "returns"; the code commissioner saying, "This is a codifi- cation of the second sentence of § 27 of the Purity of Elections Act (Stats. 1893, p. 12)." § 52. Persons aiding and abetting or concealing guilty of felony. Every person who aids or abets in the commis- sion of any of the offenses mentioned in the four preceding sections, is punishable l)y imprisonment in the county jail for the period of six months, or in the state prison not exceeding tw^o years. [Amendment approved 1874; Code Amdts. 1873-74, p. 423.] Legislation § 52. 1, Enacted February 14, 1872 (based on Stats. 1863, p. 399, § 1), and then read': "Every person who aids or abets in the commission of any of the offenses mentioned in the four pre- ceding sections, or who, being present at or cognizant of the com mission of either of such offenses, does not give information thereof as soon as practicable to the district attorney or grand jury of the , proper county, or to some justice of the peace of such county, is punishable by imprisonment in the county jail for the period of six months, or in the state prison not exceeding two years." 2. Amended by Code Amdts. 1873-74, p. 423. § 53. Intimidating, corrupting, deceiving, or defrauding electors, a felony. Every person who, by force, threats, menaces, bribery, or any corrupt means, either directly or indirectly, attempts to influence any elector in giving his vote, or to deter him from giving the same ; or attempts by any means Avhatever to awe, restrain, hinder, or disturb any elector in the exercise of the right of suffrage, or furnishes any elector wishing to vote, who cannot read, wdth a ticket, informing or giving such elector to understand that it con- tains a name, written or printed thereon, different from the name which is written or printed thereon, or defrauds any elector at any such election by deceiving and causing such elector to vote for a different person for any office than he intended or desired to vote for; or who, being inspector. 31 CRIMES AGAINST THE ELECTIVE FRANCHISE. § 54a judge, or clerk of any election, while acting as such, in- duces or attempts to induce any elector, either by menace or reward, or promise thereof, to vote differently from what such elector intended or desired to vote, is guilty of felony. [Amendment approved 1893; Stats. 1893, p. 7.] Legislation § 53. 1. Enacted February 14, 1872; based on Elec- tions Act, Stats. 1850, p. 110, § 98. 2. Amended by Stats. 1893, p. 7, (1) omitting "free" before "exer- cise of the right of suffrage," and (2) substituting "felony" for "a misdemeanor" at end of section. § 54. Furnishing money for elections except for specific purposes. Every person who, with intent to promote the election of himself or any other person, either — 1. Furnishes entertainment at his expense to any meeting of electors previous to or during an election ; 2. Pays for, procures, or engages to pay for any such en- tertainment ; 3. Furnishes or engages to pay or deliver any money or property for the purpose of procuring the attendance of voters at the polls, or for the purpose of compensating any person for procuring attendance of voters at the polls, excei)i for the conveyance of voters Avho are sick or infirm ; 4. Furnishes or engages to pay or deliver any money or property for any purpose intended to promote the election of any candidate, except for the expenses of holding and con- ducting public meetings for the discussion of public ques- tions and of printing and circulating ballots, hand-bills and other papers previous to such election ; — Is guilty of a misdemeanor. Buying appointment to office: Post, § 73. Legislation § 54. Enacted February 14, 1872; based on Field's Draft, § 65. § 54a. Receiving' or contracting' for any money or thing of value for voting' or not voting. It is unlawful for any person, directly, by himself, or through any other person : 1. To receive, agree, or contract for, before or during an election, any money, gift, loan, or other valuable considera- tion, office, place, or employment, for himself or any other person, for voting or agreeing to vote, or for coming or agreeing to come to the polls, or for refraining or agreeing to refrain from voting, or for voting or agreeing to vote, or refraining or agreeing to refrain from voting, for any par- ticular person or persons at any election ; 2. To receive any money, or other valuable thing, during or after an election, on account of himself or any other per- son having voted, or refrained from voting, for any par- § 54b PENAL CODE. 32 ticular i)orsoii or persons ;it such election, or on aceounl of hiniselL' or any other ])oi"soii having- conic to the polls oi' remained away from the polls at such election, or on ac- count of having induced any other person to vote or refrain from voting, or to vote or refrain from voting for any par- ticular person or persons, or to come to or remain away from the polls at such election; 3. To receive any money or other valuable thing, before, during, or after election, on account of himself or any other person having voted to secure the election or indorsement of any other person as the nominee or candidate of any con- vention, organized assemblage of delegates, or other bod}^ representing, or claiming to represent, a political party or principle, or any club, society, or association, or on account of himself or any other person having aided in securing the selection or indorsement of any other person as a nominee or candidate as aforesaid. Every person who commits any of the offenses mentioned in this section is punishable by imprisonment in the state prison for not less than one nor more than seven years. Legislation § 54a. 1. Addition by Stats. 1901, p. 438; unconstitu- tional. See note, § 5, ante. 2. Added by Stats. 1905, p. 641; the code commissioner saying, "§ 20 of the Purity of Elections Act (Stats. 1893, p. 12) is here codified." § 54b. Promising' or contributing any money or valuable consideration for a person's voting or not voting. Tt is un- lawful for any person, directly or indirectly, by himself or through any other person : 1. To pay, lend, or contribute, or offer or promise to pay, lend, or contribute, any money or other valuable considera- tion to or for any voter, or to or for any other person, to induce such voter to vote or refrain from voting at any elec- tion, or to induce any voter to vote or refrain from voting at such election for any particular person or persons, or to induce such voter to come to the polls or remain aAvay from the polls at such election, or on account of such voter having voted or refrained from voting, or having voted or refrained from voting for any particular person, or having come to the polls or remained away from the polls at such election ; 2. To give, offer, or promise any office, place, or employ- ment, or to promise to procure, or endeavor to procure, any office, place or employment to or for any voter, or to or for any other pei;son, in order to induce such voter to vote or refrain from voting at any election, or to induce any voter to vote or refrain from voting at such election for any par- ticular person or persons ; 33 CRIMES AGAINST THE ELECTIVE FRANCHISE. § 54b 3. To make any gift, loan, promise, offer, procnvement, or agreement, as aforesaid, to, for, or with any person, in order to induce such person to procure, or endeavor to pro- cure, the election of any j^erson, or the vote of any voter at any election ; 4. To procure, engage, promise, or endeavor to procure, in. consequence of any such gift, loan, offer, promise, pro- curement, or agreement, the election of any person, or the ^'ote of any voter at such election ; 5. To advance or pay, or cause to be paid, any money or other valuable thing to or for the use of any other person, with the intent that the same, or any part thereof, shall be used in bribery at any election ; or to knowingly pay, or cause to be paid, any money or other valuable thing to any person in discharge or repayment of any money, wholly or in part, expended in bribery at any election ; 6. To advance or pay, or cause to be paid, any money or other valuable thing to or for the use of any other person, with the intent that the same, or any part thereof, shall be used for boarding, lodging, or maintaining a person at any place or domicile in any election precinct, ward, or district, with intent to secure the vote of such person, or to induce such person to vote for any particular person or persons at any election ; 7. To advance or pay, or cause to be paid, any money or other valuable thing to or for the use of any other person, with the intent that the same, or any part thereof, shall be used to aid or assist any person to evade arrest, who is charged with the commission of a crime against the elective franchise, for which, if the person were convicted, the pun- ishment would be imprisonment in the state prison ; 8. To advance or pay, or cause to be paid, any money or other valuable thing to or for the use of any other person, in consideration of being selected or indorsed as the candi- date of any convention, organized assem1:)lage of delegates, or other body, representing, or claiming to represent, a political party or principle, or any club, society, or associa- tion, for a public office, or in consideration of the selection or indorsement of any other person as a candidate for a public office, or in consideration of any member of a conven- tion, club, society, or association having voted to select or indorse any person as a candidate for a public office, except that a candidate for nomination to a public office may con- tribute such proportion of the cost and expense of holding a primary election as is authorized by the Political Code of this state, and no more ; Pen. Code — 3 § 5G PENAL CODE. 34 9. To aclvaneo or pay, or cause to 1)6 paid, any money or other valuable thing to or for the use of any other person, in consideration of a person withdrawing as a candidate for a public office. Every person who conimits any ol" the offenses mentioned in this section is punisbable by imprisonment in the state prison for not less than one year nor more than seven years. Legislation § 54b. 1. Addition by Stats. 1901, p. 438; unconstitu- tional. Sco note, § 5, ante. 2. Added by Stats. 1905, p. 642;' the code commissioner saying, "§ 19 of the Purity of Elections Act (Stats. 1893, p. 12) is here codified." § 55. Unlawful offers to procure offices for electors. Every person who, being a candidate at any election, offers or agrees to ajjpointor procure the appointment of any par- ticular person to office, as an inducement or consideration to any person to vote for, or procure or aid in procuring the election of such candidate, is guilty of a misdemeanor. Legislation § 55. 1. Enacted February 14, 1872; based on Field's Draft, § 63. 2. Amendment by Stats. 1901, p. 440; unconstitutional. See note, § 5, ante.. § 55a. Soliciting or demanding' that a candidate vote for or against any measure or bill. Any person, either individ- ually or as an officer or member of any committee or associa- tion, who solicits or demands of any candidate for the legis- lature, supervisor, school director, or for any legislative body, that he shall vote for or against any particular bill or meas- ure which may come before such body to which he may be elected, and any candidate for any of such offices who signs or gives any pledge that he will vote for or against any par- ticular bill or measure that may be brought before any such body, is guilty of a misdemeanor; and any candidate con- victed under the j:)rovisions of this section is, in addition, disqualified from holding the office to which he may have been elected. The provisions of this section do not apply to any pledge or promise that any such candidate may give to a convention by which he may be nominated for any such office, or to those who sign a certificate for his nomination. Legislation § 55a. 1. Addition by Stats. 1901, p. 440; unconstitu- tional. See note, § 5, ante. 2. Added by Stats. 1905, p. 643; the code commissioner saying, "This is a codification of the statute of 1897 to protect candidates for public office (Stats. 1897, p. 53)." § 56. Communicating such offer. Every person, not be- ing a candidate, who communicates any offer, made in vio- lation of the last section, to any person, with intent to in- 35 CRIMES AGAINST THE ELECTIVE FRANCHISE. § 57a ducc hiiu to vote for or to procure or aid in procuring the election of the candidate making the offer, is guilty of a misdemeanor. Legislation § 56. Enacted Februarj' 14, 1872; based on Field's Draft, § 64. § 57. Giving- or offering* bribes to members of legislative caucus, etc. Every person who gives or offers a bribe to any officer or member of any legislative caucus, political convention, committee, primary election, or political gather- ing of any kind, held for the purpose of nominating candi- dates for offices of honor, trust, or profit, in this state, with intent to influence the person to whom such bribe is given or offered to be more favorable to one candidate than another, and every person, member of either of the bodies in this section mentioned, who receives or offers to i-eceive any such bribe, is punishable by imprisonment in the state prison not less than one nor more than seven years. [Amendment approved 1905; Stats. 1905, p. 644.] Legislation § 57. 1. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 239, §§ 84, 85, 86; Stats. 1863, p. 645, §§ 1, 2, 3. 2. Amendment by Stats. 1901, p. 440; unconstitutional. See note § 5, ante. 3. Amended by Stats. 1905, p. 644, changing "fourteen years" to "seven years" at end of section; the code commissioner saying, "con- forming the section to § 25 of the Purity of Elections Act (Stats. 1893, p. 12)." § 57a. Officers of election aiding in wrong-doing. Every officer or clerk of election who aids in changing or destroy- ing any poll-list or official ballot, or in wrongfully placing any ballots in the ballot-box, or in taking any therefrom, or adds, or attempts to add, any ballots to those legally polled at such election, either by fraudulently introducing the same into the ballot-box, before or after the ballots therein have been counted, or adds to or mixes with, or attempts to add to or mix with, the ballots polled, any other ballots, while the same are being counted or canvassed, or at any other time, with intent to change the result of such election, or allows another to do so, when in his power to prevent it, or carries away or destroys, or knowingly allows another to carry away or destroy, any poll-list, ballot-box, oi- ballots lawfully polled, is punishable by imprisonment in the state prison for not less than two nor more than seven years. Legislation § 57a. 1. Addition by Stats. 1901, p. 440; unconstitu- tional. See note, § 5, ante. 2. Added by Stats. 1905, p. 644; the code commissioner saying, "This is a codification of § 26 of the Purity of Elections Act (Stats. 1893, p. 12)." § 59 PENAIi CODB. 36 § 58. Preventing public meetings. Every person who. by threats, intiniidntioiis, or uiilnwl'ul violence, willfully hinders or prevents electors from asseiii])li]ig in public meeting for the considei-ition of public (piestions, is guilty of a misde- meanor. Disturbing public meeting: See jxist, § -in;;. Legislation § 58. Enacted February 14, 1872; identical with Field's Draft, § SO. § 59. Force, violence, or restraint used to influence vote. It is unlawful for any person, directly or indirectly, ])y liim- self or any other person in his behalf, to make use of, or threaten to make use of, any force, violence, or restraint, or to inflict or threaten the infliction, by himself or through any other pers(5n, of ain^ injury, damage, harm, or loss, or in any manner to practice intimidation upon or against any person, in order to induce or comj^el such person to vote or refrain from voting at any election, or to vote or refrain from voting for any particular person or persons at any elec- tion, or on account of such person or persons at any elec- tion, or on account of such person having voted or refi'ained from voting at any election. And it is unlawful for any person, by abduction, duress, or any forcible or fraudulent device or contrivance whatever, to impede, prevent, or other- wise interfere with the free exercise of the elective fran- chise by any voter ; or to compel, induce, or prevail upon any voter either to give or refrain from giving his vote at any election, or to give or refrain from giving his vote for any particular person or persons at any election, Tt is not lawful for any employer, in paying his employees the salary or wages due them, to inclose their pay in ''pay-envelopes" upon which there is written or printed the name of any candidate, or any political mottoes, devices, or arguments containing threats, express or implied, intended or calcu- lated to influence the political opinions or actions of such employees. Nor is it lawful for any employer, within ninety days of an election, to put up or otherwise exhibit in his factory, Avorkshop, or other establishment or place where his workmen or employees may be Avorking, any hand-bill or placard containing any threat, notice, or information, that in cast2 any particular ticket of a political party, or organiza- tion, or candidate shall be elected, Avork in his place or estab- lishment Avill cease, in AA'-hole or in part, or his place or establishment be closed up, or the salaries or Avages of his Avorkmcn or employees be reduced, or other threats, express or implied, intended or calculated to influence the political opinions or actions of his Avorkmen or employees. This sec- 37 CRIMES AGAINST THE ELECTIVE FRANCHISE. § 62 tion applies to corporations as well as individuals, and any person or corporation violating the provisions of this section is guilty of a misdemeanor, and any corporation violating this section shall forfeit its chai'ter. [Amendment approved 1905; Stats. 1905, p. 644.] Legislation § 59. 1. Enacted February 14, 1872 (based on Field's Draft, § 79), and then read: "Every person who willfully disturbs or breaks up any public meeting of electors or others, lawfully being held for the purpose of considering public questions, is guilty of a misdemeanor." 2. Amendment by Stats. 1901, p. 441; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 644; the code commissioner saying, "This is a codification of § 41 of the Puritv of Elections Act (Stats. 1893, p. 12)." § 60. Betting on elections. Every person who makes, offers, or accepts any bet or wager upon the result of any election, or upon the success or failure of any person or candidate, or upon the number of votes to be cast, either in the aggregate or for any particular candidate, or upon the vote to be cast by any person, is guilty of a misdemeanor. Legislation § 60. Enacted February 14, 1872; based on Field's Draft, § 62. § 61. Violation of election laws by persons not officers. Every person who willfully violates any of the provisions of the laws of this state relating to elections is, unless a differ- ent punishment for such violation is prescribed by this code, punishable by fine not exceeding one thousand dollars, or by imprisonment in the state prison not exceeding five years, or by both. Election laws of state: See Pol. Code, Part III, Title IT, §§ 1041- 1375. Legislation § 61. Enacted February 14, 1872. § 62. Violation of election laws as to tickets. Every person who prints any ticket not in conformity with the provisions of chapter eight of title two of part three of the Political Code, or who circulates or gives to another any ticket, knoAving at the time that such ticket does not con- form to the provisions of chapter eight of title two of part three of the Political Code, is guilty of a misdemeanor. [Amendment approved 1905; Stats. 1905, p. 645.] Legislation § 62. 1. Added by Code Amdts. 1873-74, p. 456, antt then read: "Every person who prints any ticket not in conformity with section one thousand one hundred and ninety-one of the Po- litical Code, or who circulates or gives to another any ticket, know- ing at the time that such ticket does not conform to the provisions § 63 PENAL CODE. 38 of section one Ihuiisaiul one luindrt'il ainl niiiety-onc of tlio Polilic-il Code, is guilty of a misdemeanor." 2. Amendment by Stats. 1901, ji. 142; unconstitutional. Hee note, § 5, ante. 3. Amended by Stats. 1905, p. 645; the code commissioner saying. "§ 1191 does not treat of the form of election ballots, and the old form of reference is tliereforc inapplicable." § 62a. Circulation of anonymous circulars referring* to political candidates, a misdemeanor. Every pci-soii wlio in- tentionally "writes, ])rints, jiosts, or distributes, or causes to be written, printed, posted, or distributed, any circular, pamphlet, letter, or poster which is designed or intended to injure or defeat any candidate for nomination or election to any public office by reflecting upon his personal character or political action, unless there appears upon such circular, pamphlet, letter, or poster, in a conspicuous place, either the name of the chairman and secretary or the names of two officers at least of the political or other organization issuing the same, or the name and residence, with the street and number thereof, if any, of some voter of this state, and re- sponsible therefor, shall be guilty of a misdemeanor. Legislation § 62a. Added by Stats. 1901, p. 297. § 62b. Printer must put imprint on printed matter. Every person who prints any circular, pamphlet, letter, or poster of the kind or character mentioned in section sixty- two a of this code, without adding thereto his name, showing the printing-office at which the same was printed, is guilty of a misdemeanor. Legislation § 62b. Added by Stats 1901, p. 298. § 63. United States senator, candidates for, must not give or promise pecuniary aid to legislative candidates. Every candidate for United States senator at an approacliing ses- sion of the legislature, and every person acting for or on behalf of any such candidate for senator in the Congress of the United States at an approaching session of the legis- lature, who shall advan.ce or give or loan, or promise to advance or give or loan, any money or property to any candidate for the legislature, before or after his nomination, or before or after his election, under an express or implied promise that such candidate for the legislature (whether nominated or not, or before or after his election) w411 sup- port or vote for such candidate for senator in the Congress of the United States at an approaching session of the legis- lature, shall be deemed guilty of a felony. The advancing, giving, or loaning of money or property, or the promise to advance, give, or loan money or property to any candidate 39 CRIMES AGAINST THE ELECTIVE FRANCHISE. § 63b for the legislature, by any candidate for senator as afore- said, or by any person for him, or on his behalf, as aforesaid, shall be deemed prima facie proof of an express or implied agreement that such candidate for the legislature will, if elected to the legislature, vote for such candidate for senator in Congress. Legislation § 63. Added by Stats. 1899, p. 83. § 631/2- Members of legislature shall not accept any val- uable consideration. Every person l^eing a member-elect of the legislature, and every person being a candidate for the legislature, and every person being a candidate for nomina- tion for the legislature, who shall accept any money or prop- erty from any candidate for senator in the Congress of the United States before the legislature at an approaching ses- sion thereof, or from any other person acting for or on be- half of any such candidate for senator in the Congress of the United States at an approaching session of the legis- lature, under an express or implied promise that such mem- ber-elect of the legislature, or such candidate for the legis- lature, or candidate for nomination for the legislature, will, if elected as a member of the legislature, support or A^ote for any such candidate for senator in the Congress of the United States for that office, shall be deemed guilty of a felony. The receipt of money or property by any member-elect of the legislature, and by any candidate for the legislature, and by any candidate for nomination for the legislature, from any candidate before the legislature for senator in Congress at an approaching session of the legislature as afore- said, or from any person acting for or on behalf of any such candidate for senator in Congress as aforesaid, shall be prima facie proof of an express or implied agreement that such member-elect of the legislature will vote for such candidate for senator as aforesaid, and that such candidate, or candidate for nomination for the legislature, will, if elected, vote for such candidate for senator as aforesaid. Legislation § 631/2. 1. Added by Stats. 1899, p. 84. 2. Amendment by Stats. 1901, p. 412, merely renumbering the section 63a; unconstitutional. See note, § 5, ante. § 63b. Sale of intoxicants on election days. Every per- son keeping a public house, saloon, or drinking-place, whether licensed or unlicensed, who sells, gives away, or furnishes spirituous or malt liquors, wine, or any other in- toxicant, on any part of any day set apart for any general or special election, in any election district or precinct in any county in the 'state where an election is in progress, during § G4b PENAL CODE. 40 tlie hovirs when l)y law Iln' jxjIIs arc rc(|uii-<'(l to l»c kc])t open, is guilty of a inisdcmcaiior. Legislation § 63b. 1. Addition by Stats. 1901, ji. 1112; iniconstilii- tioual. Seo note, § 5, ante. 2. Added by Stats. 1905, p. (Mo; the code commissioner saying, "This is a codificaf ion of the statute of 1S7.V74. ]>. 297." § 64. No prosecution against witnesses testifying' in elec- tion cases. No person, otherwise eoiiii)etent as a Avitness, shall be dis(iualified or excused from testifying coneerjiing any of the offenses enumerated and prescribed in this title, on the ground that such testimony may criminate himself; but no prosecution can afterwards be had against such Avit- ness for any such offonse concerning which he testified for the prosecution. X Legislation § 64. Added by Stats. 1891, j). 1S5. § 641/2- Punishment of offenses against primary election laws. All the provisions of sections forty to sixty-four of this code, both inclusive, shall apply with like force and effect to elections, known and designated as primary elec- tions, held and conducted under official supervision piu'suant to law and to registration therefor, as to other elections, whether the word "primary" be used in connection with the word "election" or "elections" used in said sections or not. Legislation § 641/2- Added by Stats. 1899, p. 59, and became a law, under constitutional provision, without governor's approval. March 4, 1S99. At the same session of the legislature, another sec- tion 64i{> was passed which was approved by the governor, March 20, 1899 (Stats 1899, p. 153). The language of the two sections was the same. § 64b. Misrepresentation in securing signers. Circulation of false statements. Petitions containing false signatures. Signing more than once. Penalty. 1. It shall be unlawful for any person circulating, as pi'incipal or agent, or having charge or control of the circulation of, or obtaining signa- tures to, any petition authorized or provided for by the constitution or laws of the State of California regulating the initiative, referendum or recall to misrepresent or make any false statement concerning the contents, purport or effect of any such petition to any person who signs, or who desires to sign, or who is requested to sign, or who makes inquiries with reference to any such petition, or to whom any such petition is presented for his or her signature. 2. It shall be unlawful for any person to willfully or know- ingly circulate, publish or exhibit any false statement or misrepresentation concerning the contents, purport or ef- fect of any petition mentioned in this section for the pur- 41 CRIMES AGAINST THE ELECTIVE FKAKCHISE. § 64b pose of obtaining any signature to any such petition oi- for the purpose of pei-suading any person to sign any such petition. 3. It shall be unlawful for any person to file in the office of the clerk or other officer provided by law to receive such filing, any petition mentioned in this section to Avhich is attached, appended or subscribed any signature which the person so filing such petition knows to be false or fraudu- lent or not the genuine signature of the person purporting to sign such petition or whose name is attached, appended, or subscribed thereto. 4. It shall be unlawful for any person to circulate, or cause to be circulated, any petition mentioned in this sec- tion, knowing the same to contain false, forged or fictitious names. 5. It shall be unlawful for any person to make any false affidavit concerning any petition mentioned in this section or the signatures appended thereto. 6. It shall be unlawful for any public official or employee knowingly to make any false return, certification or affida- vit, concerning any petition mentioned in this section, or the signatures appended thereto. 7. It shall be unlawful for any person to knowingly sign his own name more than once to any petition mentioned in this act, or to sign his name to any such petition know- ing himself at the time of such signing not to be qualified to sign the same. 8. Any person, either as principal or agent, violating any of the provisions of this section is punishable by imprison- ment in the state prison, or in a county jail, not exceeding two years, or by fine not exceeding five thousand dollars, or by both. Legislation § 64b. Added by Stats. 1915, p. 55. § G7 PENAL CODE. 42 TITLE V. Crimes by and against the Executive Power of the State. § 65. Acting in a jiublic capacity without Iiaving qiialifieil. § 66. Acts of officers do facto not aflfected. § 67. Giving or offering bribes to executive officers. § 68. Asking or receiving bribes. § 69. Kesisting officers. § 70. Extortion. § 71. Violation of laws jn'ohiljiting certain officers from dealing in scrip, etc., and from being interested in contracts. § 72. Fraudulently presenting bills or claims to public officers for allowance or payment. § 73. Buying appointments to office. § 74. Taking rewards for deputation. § 74a. Eetaining part of salary. § 75. Exercising functions of office wrongfully. § 76. Refusal to surrender books, etc., to successor. § 77. Preceding sections to apply to administrative and ministerial officers. § 65. Acting' in a public capacity without having quali- fied. Every person who exercises any function of a public office without taking the oath of office, or without giving the required bond, is guilty of a misdemeanor. [Amendment ap- proved 1874; Cod^e Amdts. 1873-74, p. 423.] Oath of office: Const., art. XX, § 3; see Pol. Code, §§ 904 et seq. Legislation § 65. 1. Enacted February 14, 1872 (based on Field's Draft,§96, N. Y. Pen. Code, § 42), and then read: "Every person who exercises any of the functions of a public office without hav- ing taken and filed the oath of office, or without having executed and filed the required bond, is guilty of a misdemeanor, and forfeits his right to the office." 2. Amended by Code Amdts. 1873-74, p. 423. § 66. Acts of officers de facto not affected. The last sec- tion shall not be construed to affect the validity of acts done by a per.son exercising the functions of a public office in fact, where other persons than himself are interested in maintaining the validity of such acts. Legislation § 66. Enacted February 14, 1872; identical with Field's Draft, § 97, N. Y. Pen. Code, § 43. § 67. Giving or offering bribes to executive officers. Every person who gives or offers any bribe to any executive officer of this state, with intent to influence him in respect to any act, decision, vote, opinion, or other proceeding as such officer is punishable by imprisonment in the state prison not less .than one nor more than fourteen years, and is dis- qualified from holding an,y office in tliis state. 43 CRIMES BY AND AGAINST EXECUTIVE POWER. § 71 Bribery of judicial officer: See post, § 92, Bribei-y of legislator: See post, § 85. Legislation § 67. Enacted February 1-1, 1872; based on Field's Draft, § 98, N. Y. Pen. Code, § 44; Stats. 1863, p. 645, §§ 1, 2, 3. § 68. Asking or receiving bribes. Every executive officer or person elected or appointed to an executive office, who asks, receives, or agrees to receive, any bribe, upon any agreement or understanding that his vote, opinion, or action upon any matter then pending, or whicli may be brought before him in liis official capacity, shall be influenced thereby, is punish- able by imprisonment in the state prison not less than one nor more than fourteen years; and, in addition thereto, for- feits his office, and is forever disqualified from holding any office in this state. Legislation § 68. Enacted February 14, 1872; based on Field's Draft, § 99, N. Y. Pen. Code, § 45; Stats. 1863, p. 645, §§ 1, 2, 3. § 69. Resisting" officers. Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law, or Avho knowingly resists, by the use of force or violence, such officer, in the performance of his duty, is punishable by fine not exceeding five thousand dol- lars, and imprisonment in the county jail not exceeding five years. Resisting officers: See, generally, post, § 148. Legislation § 69, Enacted February 14, 1872; based on Field's Draft, §§100, 101, N. Y. Pen. Code, §§ 46, 47; Crimes and Punish- ment Act, Stats. 1850, p, 242, § 107. § 70. Extortion. Every executive or ministerial officer who knowingly asks or receives any emolument, gratuity, or reward, or any promise thereof, excepting such as may be authorized by laAv, for doing any official act, is guilty of a misdemeanor. [Amendment approved 1874; Code Amdts. 1873-74, p. 423.] Extortion by judicial officer: See post, § 94. Extortion by public officer, punishment of; See post, § 521. Legislation § 70. 1. Enacted February 14, 1872; based on Field's Draft, § 102, N. Y. Pen. Code, §§ 556, 557; Crimes and Punishment Act, Stats. 1850, p. 242, § 107. 2. Amended by Code Amdts. 1873-74, p. 423, adding (1) "or min- isterial" before "officer," and (2) "knowingly" before "asks." § 71. Violation of laws prohibiting certain officers from dealing' in scrip, etc., and from being interested in contracts. Every officer or person prohibited by the laws of this state from making or being interested in contracts, or from be- coming a vendor or purchaser at sales, or from purchasing § 74a PENAL CODE. 44 scrip, or other evidences of indebtedness, who viohites any of the provisions of such l.nvs, is pnnisliabh^, ])y a fine oL' not more than one thonsand dolhirs, or l)y imprisonment in the state prison not more tiian five years, and is forever dis- qualilled from hohling any offiee in this state. Legislation § 71. Enacted February H, 1872; l)asca on -atats. IS.jl, p. ')'1-1; Stats. 1852, pp. G4, 65. § 72. Fraudulently presenting' bills or claims to public officers for allowance or payment. Every person wlio, with intent to defrand, presents for allowance or for payment to any state board or officer, or to any county, town, city, ward, or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of felony- Legislation § 72. Enacted February 14, 1872; based on Field's Draft, § 732, N. Y. Pen. Code, § 672. § 73. Buying' appointments to office. Every person who gives or offers any gratuity or reward, in consideration that he or any other person shall be appointed to any public office, or shall be permitted to exercise or discharge the duties thereof, is guilty of a misdemeanor. Constitutional provision. Every person shall be disqualified from holding any offiee of profit in this state who shall have been con- victed of having given or offered a bribe to procure his election or appointment: Const., art. xx, § 10. Legislation § 73. Enacted February 14, 1872; based on Field's Draft, § 106, N. Y. Pen. Code, § 52; Crimes and Punishment Act, Stats. 1850, p. 239, § 85. § 74. Taking' rewards for deputation. Every puljlic offi- ■ cer who, for any gratuity or rcAvard, appoints another person to a pulDlic office, or permits another person to exercise or discharge any of the duties of his office, is punishable by a fine not exceeding five thousand dollars, and, in addition thereto, forfeits his office and is forever disqualified from holding any office in this state. Legislation § 74. Enacted February 14, 1872; based on Field's Draft, § 108, N. Y. Pen. Code, § 53; Crimes and Punishment Act, Stats. 1850, p. 239, § 85. § 74a. Retaining- part of salary. Every officer of this state, or of any county, city and county, city, or township therein, wlio accepts, keeps, retains or diverts for his own use or the use of any other person any part of the salary or fees allowed by law to his deputy, clerk, or other subordinate; officer, is guilty of a felony. Officer receiving wages or salary of laborer or clerk: Sec post, § 653d. 45 CRIMES BY AND AGAINST EXECUTIVE POWER. § 76 Legislatiou § 74a. 1. AcUlitiou by Stats. 1901, p. 442; uiiroiistitu- tional. See note, § 5, ante. 2. Added by Stats. 1905, p. G4G; the code commissioner saying, "This is a codification of the provisions of § 2 of the statute of 1871-72, p. 951, with the following changes: the word 'accepts' is inserted in place of 'keeps,' and the phrase 'for his own use' is added after 'retains.' " The section given by the code commissioner as the basis of the addition reads: "Sec. 2. Every officer of the state or any county, city, or township therein, who keeps or retains any part or portion of the salary or fees allowed by law to his deputy, clerk, or subordinate officer, is guilty of a felony." § 75. Exercising functions of office wrongfully. Every person Avho willfully and knowingly intrudes himself into any public office to which he has not been elected or ap- pointed, and every person who, having been an executive officer, willfully exercises any of the functions of his office after his term has expired, and a successor has been elected or appointed and has qualified, is guilty of a misdemeanor. Legislation § 75. Enacted February 14, 1872; based on Field's Draft, § 110, N. Y. Pen. Code, § 56; Crimes and Punrshment Act, Stats. 1850, p. 242, § 105. § 76. Refusal to surrender books, etc., to successor. Every officer whose office is abolished by Irav, or who, after the expiration of the time for Avhich he may be appointed or elected, or after he has resigned or been legally removed from office, willfully and unlawfully withholds or detains from his successor, or other person entitled thereto, the records, papers, documents, or other writings appertaining or belonging to his office, or mutilates, destroys or takes away the same, or willfully and unlawfully withholds or detains from his successor, or other person entitled thereto, any money or property in his custody as such officer, is pun- ishable by imprisonment in the state prison not less than one nor more than ten years. [Amendment approved 1805; Stats. 1905, p. 646.] Mutilating, destroying, or taking away of books, maps, etc. See post, §§ 113, 114. Legislation § 76. 1. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 240, § 89, which read: "If any officer whose office shall be abolished by law, or who, after the expiration of the time for which he may be appointed or elected, or after he shall have resigned or been legally removed from office, shall willfully and unlawfully withhold or detain from his suc- cessor, or other person entitled thereto by law, the records, papers, docum'ents, or other writing appertaining or belonging to his office, or mutilate, destroy, or take away the same, the person so offend- ing shall, on conviction, be punished by imprisonment in the state prison for a term not less than one year nor more than ten years. The provisions of this section shall apply to any person or persons who shall have such records, documents, papers, or other writings ^ M TENAL CODE. 46 ill his, her, or Ihoir j>osscssion, and sliail uilil'uliy mntihito, dostroy, withhold, or detain fiie same as aforesaid." 2. Aniendnicnt by Stats. 1901, j). 442; iincunstiturional. Sec note, § 5, ante. 3. Amended by Stals. 1905, |i. G4(i, (I) changinjr "writing"' to "writings" l)efore "ajipertaining"; (2) adding "or willfully and un- lawfully withholds or detains from his successor, or other person entitled thereto, any money or property in his custody as such offi- cer"; the code commissioner saying of the addition, "The old section made it punishable only for an officer to retain writings or records appertaining or belonging to his office, but did not extend to the manifestly graver offense above noted." § 77. Preceding' sections to apply to administrative and ministerial officers. The various provisions of this chapter apply to administrative and ministerial officers, in the same manner as if they were mentioned therein. Legislation § 77. Enacted February 14, 1872; based on Field's Draft, § 112, N. Y. Pen. Code, § 58. 47 CRIMES AGAINST THE LEGISLATIVE POWER. § 84 TITLE VI. Crimes against the Legislative Power. § 81. Preventing the meeting or organization of either branch of the legislature. § 82. Disturbing tiie legislature while in scs^sion. § 83. Altering draft of bill or resolution. § 84. Altering enrolled copy of bill or resolution. § 85. Giving or offering bribes to members of the legislature. § 8C. Eeceiving bribes by members of the legislature. § 87. Witnesses refusing to attend, testify, or produce papers before the legislature or committees thereof. § 88. Members of the legislature, in addition to other penalties, to forfeit office and be disqualified, etc. § 89. Lobb^'ing, and penalty for. § 81. Preventing the meeting or organization of either branch of the legislature. Every person who willfully, and by force or fraud, prevents the legislature of this state, or either of the houses composing it, or any of the members thereof, from meeting or organizing, is guilty of felony. Legislation § 81. Enacted February 14, 1872; based on j'^ield's Draft, § 113, N. Y. Pen. Code, § 59. § 82. Disturbing the legislature while in session. Every person who willfully disturbs the legislature of this state, or either of the houses composing it, while in session, or who commits any disorderly conduct in the immediate view and presence of either house, tending to interrupt its proceedings or impair the respect due to its authority, is guilty of a mis- demeanor. Legislation § 82. Enacted February 14, 1872; based on Field's Draft, § 114, N. Y. Pen. Code, § 60. § 83. Altering draft of bill or resolution. Every person who fraudulently alters the draft of any bill or resolution which has been presented to either of the houses composing the legislature, to be passed or adopted, with intent to pro- cure it to be passed or adopted by either house, or certified by the presiding officer of either house, in language different from that intended by such house, is guilty of felony. Legislation § 83. Enacted February 14, 1872; identical with Field's Draft, § 118, N. Y. Pen. Code, § 64. § 84. Altering enrolled copy of bill or resolution. Every person who fraudulently alters the enrolled copy of any bill or resolution which has been passed or adopted by the legis- lature of this state, with intent to procure it to be approved by the governor, or certified by the secretary of state, or § 87 i'ENAL CODE. 48 priiilcMl or piil)lisli(Ml hy tiic pfiiilcr (»!' tlu; slalutcs, in lan- guage cliiTcrciit I'roiii Ihat in \\liii'li it was [)ass(Ml di- ary and Corruption. §§92-100. 11. Rescues. §§ 101, 102. III. Escapes, and Aiding Tiioroin. §§105-111. IV. Forging, Stealing, Mutilating and Falsifying .ludicial and Public Records and Documents. §§ 113-117. V. Perjury and Subornation of Perjury. §§ 118-129. VI. Falsifying Evidence. §§132-138. VII. Other Offenses against Public .lustiee. §§ 142-181. VIII. Conspiracy. §§ 182-185. CHAPTER I. Bribery and Corruption. § 92. Giving bribes to judges, jurors, referees, etc. § 93. Receiving bribes by judicial officers, jurors, etc. § 94. Extortion. Misconduct of judicial officers. Stenographers. § 95. Im]iroper attempts to influence jurors, referees, etc. § 9G. Misconduct of jurors, referees, etc. § 97. .Tustice or constable purchasing judgment. § 98. Officers to forfeit and be disqualified from holding office. § 99. Superintendent of state printing. Shall not have any interest in contract of any kind connected with his office. Penalty. § 100. Superintendent of state printing, penalty for collusion. § 92. Giving" bribes to judges, jurors, referees, etc. Evory person avIio gives or offers to give a bri])e to any judicial officer, juror, referee, arbitrator, or umpire, or to any person who may be authorized by law to hear or deter- mine any question or controversy, with intent to influence his vote, opinion, or decision upon any matter or question which is or may be brought before him for decision, is punishable by imprisonment in the state prison not less than one nor more than ten years. Bribery of executive officers: See ante, § C7. Embracery: See post, § 95. Legislation § 92. Enacted February 14, 1872; based on Field's Draft, § 125, N. Y. Pen. Code, § 71; Crimes and Punishment Act, Stats. 1850, pp. 239, 240, 242, §§ 84, 85, 86, 106, as amended by Stats. 1856, p. 220, § 10; Stats. 1863, p. 645, §§ 1, 2. § 93. Receiving bribes by judicial officers, jurors, etc. Every judicial officer, juror, referee, arbitrator, or umpire, and every person authorized by law to hear or determine any question or controversy, who asks, receives, or agrees to receive, any bribe, upon any agreement or understanding that his vote, opinion, or decision upon any matters or ques- 51 BRIBERY AND CORRUPTION. § 95 tiou ^vhi(']l is or may be ])i'oiiglit IjcToih' him for decision, shall 1)0 iufkuMicod thereby, is piiiiishable by imprisonment in the state prison not loss than one nor more than ten years. Legislation § 93. Enacted Febniaiv ]J, 1872"; based on Field's Draft, §126, N. Y. Pen. Code, § 72; "Crimes and Punishment Act, Stats. 1S50, pp. 2o9, 240, 242, §§ 84, 85, 86, 1U6, as amended by Stats. 1856, p. 220, g 10; Stats. 1863, p. 645, §§ 84, 85, 86. § 94. Extortion. Misconduct of judicial officers. Sten- ographers. Every judicial officer who asks or receives any emolument, gratuity, or reward, or any promise thereof, ex- cept such as may be authorized iDy law, for doing any ot^cial act, is guilty of a misdemeanor. Every judicial officer who shall ask or receive the whole or an^^ part of the fees allowed by law to any stenographer or reporter appointed by him, or any other person, to record the proceedings of any court or investigation held by him, shall be guilty of a misde- meanor, and upon conviction thereof shall forfeit his office. Any stenographer or reporter, appointed by any judicial officer in this state, who shall pay, or offer to pay, the whole or any part of the fees allowed him by law, for his appoint- ment or retention in office, shall be guilty of a misdemeanor, and upon conviction thereof shall be forever disqualified from holding any similar office in the courts of this state. [Amendment approved 1895; Stats. 1895, p. 30.] Extortion by executive officer: See ante, § 70. Legislation § 94. 1. Enacted February 14, 1872 (based on Field's Draft, § 102, N. Y. Pen. Code, §557; Crimes and Punishment Act, Stats. 1850, p. 239, §§ 84, 85), the section then consisting of the first sentence of the present amendment. 2. Amended by Stats. 1895, p. 30, adding the second and third sentences. 3. Amendment by Stats. 1901, p. 442; unconstitutional. See note, § 5, ante. § 95. Improper attempts to influence jurors, referees, etc. Every person who corruptly attempts to influence a juror, or any person summoned or drawn as a juror, or chosen as an arbitrator, or umpire, or appointed a referee, in respect to his verdict in, or decision of any cause, or proceeding, pend- ing, or about to be brought before him, either; One. By means of any communication, oral or written, had with him except in the regular course of proceedings; Two. By means of any book, paper, or instrument ex- hibited, otherwise than in the regular course of proceedings; Three. By means of any threat, intimidation, persuasion, or entreaty ; or, Four. By means of any promise, or assurance of any pecuniary or other advantage : § 08 PENAL CODE. 52 — Is [)iiiiisli;il»li' l)y line not cxceedinti' five thousand dollars, or by iinj)i'isoninent in the state prison not exceeding five veai's. [Aniendniont approved 1874; Code Amdts. 1873-74, 1). 424.] Embracery: Sec ante, § 92. Legislation § 95. 1. Enacted February 14, 1872 (based on Field's Draft, § 131, N. Y. Pen. Code, § 75; Crimes and Punishment Act, Stats. ISoO, p. 242, § lOG, as amended by Stats. 1856, p. 220, § 10), and differed from tlie present amendment, having (1) in introductory paragraph, the words "or proceeding" after "any cause"; (2) in subds. 1 and 2, the words "upon the trial of the cause; or," at end of subdivisions; (3) in subd. 4, the words "assurance or promise" in- stead of "promise, or assurance." 2. Amended by Code Amdts. 1873-74, p. 424. § 96. Misconduct of jurors, referees, etc. Every juror, or person drawn or summoned as a juror, or choseu arbitrator or umpire, or appointed referee, who either : One. Makes any promise or agreement to give a verdict or decision for or against any party ; or, Two. Willfully and corruptly permits any communica- tion to be made to him, or receives any book, paper, instru- ment, or information relating to any cause or matter pending before him, except according to the regular course of pro- ceedings, is punishable by fine not exceeding five thousand dollars, or by imprisonment in the state prison not exceed- ing five vears. [Amendment approved 1874; Code Amdts. 1873-74, p. 424.] Legislation § 96. 1. Enacted February 14, 1872 (based on Field's Draft, § 128, N. Y. Pen. Code, § 73; Crimes and Punishment Act, Stats. 1850, p. 242, § 106, as amended by Stats. 1856, p. 220, § 10), and differed from the present amendment, (1) not having the words "or matter" after "any cause"; (2) having the words "upon the trial of such cause" after "course of proceedings," these latter words then ending the subdivisions, the matter now following them being a paragraph. 2. Amended by Code Amdts. 1873-74, p. 424. § 97. Justice or constable purchasing judgment. Every justice of the peace or constal)le of the same toAvnship who purchases or is interested in the purchase of any judgment or part thereof on the docket of, or on any docket in posses- sion of such justice, is guilty of a misdemeanor. Legislation § 97. Enacted February 14, 1872. § 98. Officers to forfeit and be disqualified from holding office. Every officer convicted of any crime defined in this chapter, in addition to the punishment described, forfeits his office and is forever disqualified from holding any office in this state. 53 BRIBERY AND CORRUPTION. § 100 Forfeiture of office on conviction of crime: See post, § 673. Legislation § 98. Enacted February 14,-1872. § 99. Superintendent of state printing-. Shall not have any interest in contract of any kind connected with his office. Penalty. The superintendent of state printing shall not, during his continuance in office, have any interest, either directly or indirectly, in any contract in any way connected with his office as superintendent of state printing ; nor shall he, during said period, be interested, either directly or in- directly, in any state printing, binding, engraving, litho- graphing, or other state work of any kind connected with his said office ; nor shall he, directly or indirectly, be in- terested in any contract for furnishing paper, or other print- ing stock or material, to or for use in his said office ; and any violations of these provisions shall subject him, on convic- tion before a court of competent jurisdiction, to imprison- ment in the state prison for a term of not less than two years nor more than five years, and to a fine of not less than one thousand dollars nor more than three thousand dollars, or by both such fine and imprisonment. [Amendment ap- proved 1895; Stats. 1895, p. 235.] Legislation § 99. 1. Added by Code Anidts. 1875-76, p. If), and then read: "The superintendent of state printing shall not, during his continuance in oflfice, have any interest, directly or indirectly, in the publication of any newspaper or periodical, or in any print- ing of any kind, or in any binding, engraving, or lithographing, or in a contract for furnishing paper, or other printing stock or mate- rial connected with the state printing; and any violation of these provisions shall subject him, on conviction before a court of com- petent jurisdiction, to imprisonment in the state prison for a term of not less than two years nor more than five years, and a iine of not less than one thousand dollars nor more than three thousand dollars, or both such fine and imprisonment." 2. Amended by Code Amdts. 1877-78, p. 11, the first part of the section then reading, "The superintendent of state printing shall not, during his continuance in office, have any interest, directly or indirectly, in any printing of any kind, or in any binding, engrav- ing, or lithographing, or in a contract for furnishing paper or other printing stock or material connected with the state printing," the rest of the section reading same as the original section, except that the word "by" was added before "both such fine and imprisonment," at end of section. 3. Amended by Stats. 1895, p. 235. , § 100. Superintendent of state printing', penalty for col- lusion. If the superintendent of state printing corruptly colludes with any person or persons furnishing paper or ma- terials, or bidding therefor, or with any other person or persons, or has any secret understanding with him or them, by himself or tlirough others, to defraud th(^ state, or by § 101 I'ENAL CODE. 51 \\lii('li llic stato is defrauded oi- made to sustain a loss, con- trary to tlio true intent and meaning of tins eliapter, he, upon conviction thereof, forfeits his office, and is suhject to imprisonment in the state prison for a term of not less than two years, and to a fine of not less than one thousand dollai's nor more than three thousand dollars, or both such fine and imprisonment. [Amendment approved 1905; Stats. 1905, p. 647.] "Contrary to the true intent and meaning of this chapter." By § 5 of tlie act entitled "An act to amend the Politieal and Penal Codes, concerning public printing, and for other ]iiirposes," approved April 3, 1876 (see Code Anidts. 1875-76, p. ]6), §§99 and 100 were added to the Penal Code. That act also amended a number of the sections of the Political Code, relating to public printing, and the )-eference in § 100, supra, is intended to be to that act, and not to the Penal Code. Legislation § 100. 1. Added by Code Amdts. 1875-76, p. 19, and then read: "If the said superintendent of state printing shall cor- ruptly collude with any person or persons furnishing paper or male- rials or bidding therefor, or with any other person or persons, or have any secret understanding with him or them, by himself or through others, to defraud the state, or by which the state shall be defrauded or made to sustain a loss, contrary to the true intent and meaning of this act, he shall, upon conviction thereof, in any court of competent jurisdiction, forfeit his office, and be subject to im- prisonment in the state prison for a term of not less than two years, and to a fine of not less than one thousand dollars nor more than three thousand dollars, or both such fine and imprisonment." 2. Amendment by Stats. 1901, p. 443; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 647. CHAPTER II. Rescues. § 101. Rescuing prisoners. § 102. Retaking goods from cnstodj^ of officer. § 101. E-escuing" prisoners. Every person who rescues or attempts to rescue, or aids another person in rescuing or at- tempting to rescue, any prisoner from any prison, or from any officer or person having him in lawful custody, is punish- able as follows: 1. If such prisoner Avas in custody upon a conviction of felony punishable Avith death : by imprisonment in the state prison not less than one nor more than fourteen years ; 2. If such prisoner was in custody upon a conviction of any other felony : by imprisonment in the state prison not less than six months nor more than five years; 3. If such prisoner Avas in custody upon a charge of felony: by a fine not exceeding one thousand dollars and im- prisonment in the county jail not exceeding two years; 55 RESCUES. ESCAPES^ AND AIDING THEREIN. § 105 4. If such prisoner was in custody otherwise than upon a charge or conviction of felony : by fine not exceeding five hundred dollars and imprisonment in the county jail not exceeding six months. Legislation § 101. Enacted Febrnaij' 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 240, §§ 93, 94, which read: "§ 93. If any person or persons shall set at liberty, or rescue, any person who shall have been found guilty or convicted of a crime, the punishment of which is death, such person, on conviction thereof, shall be punished by imprisonment in the state prison for a term not less tlian one year, nor more than fourteen years; and if aiiiy person or persons shall set at liberty or rescue any person who shall have been found guiltj^ or convicted of a crime, the pun- ishment of which is imprisonment in the state prison, or in prison, the person so offending, on conviction thereof, shall be sentenced to the same punishment that would have been inflicted on the person so set at liberty or rescued. § 94. If any person shall set at liberty or rescue any person who, before conviction, stands charged or committed for any capital offense, or any crime punishable in the state prison, such person so offending shall, on conviction, be fined in any sum not exceeding one thousand dollars, and imprisoned in the county jail not exceeding one j'ear; and if the person rescued or set at liberty stands charged, committed, or convicted of any misdemeanor or other offense punishable by fine or imprisonment, or both, the person convicted of such rescue or setting at liberty shall sufr'er the same luinishment that would have been inflicted on the person rescued or set at liberty, if he or she had been found guilty." § 102. Retaking- goods from custody of officer. Every person who willfully injures or destroys, or takes or at- tempts to take, or assists any person in taking or attempting to take, from the custody of any officer or person, any per- sonal property which such officer or person has in charge under any process of law% is guilty of a misdemeanor. Legislation § 102. Enacted February 14, 1872; based on Field's Draft, § 135, N. Y. Pen. Code, § S.-i CHAPTER III. Escapes, and Aiding Therein. § 105. Escapes from state prison, punisliment of. § 106. Attempt to escape from state prison. § 107. Escapes from other than state prison. § 108. Officers suffering convicts to escape. § 109. Assisting prisoners to escape. § 110. Carrying into prison things useful to aid in escape. § 111. Expense of trial for escape. § 105. Escapes from state prison, punishment of. Every prisoner confined in a state prison, for a term less than for life, who escapes therefrom, is punishable by imprisonment in a state prison for a term of not less than one year; said § 108 I'KNAI. CODE. 56 second term of imprisonment to commence from the time he would otherwise have been discharged from said pi-isoii. [Amendment approved 1905; Stats. 11)05, p. 723. J Punisliment for assisting prisoner to escape. See post, § 109, for tlic iiviiiisliiiu'iit imposed, in tliis .state, upon a person who assists a prisoner confinetl in any prison, or in tiic lawful custoily of any oiRcer or person, to escape. Escape suffered "by officers: Post, § lOS. Killing escaped prisoner is justifiable when: See post, § 19(5. Legislation § 105. 1. Enacted February 14, 1872 (based on Stats. 1S55, p. 20.", §1), and then read: "Every prisoner confined in the state prison for a term less than for life, who escapes therefrom, is punishable by imprisonment in the state prison for a term equal in length to the term he was serving at the time of such escape." 2. Amended by Code Amdts. 1880, j). 42, adding the second clause of the section, which read as at present. 3. Amended by Stats. 1905, p. 723; the code commissioners say- ing, ''The old section was open to the objection that the punishment prescribed was unequal, not proportionate to the offense, and its constitutionality on that account has been sometimes doubted. The cases of State v. Lewin, (Kan.) 37 Pac. Eep. 168; Barbier v. Con- nolly, 113 IT. S. 27; Coon Hing v. Crowley, 113 U. S. 703; Haves v. Missouri, 120 U. S. 68; Home Ins. Co. v. N. Y., 134 U. S. .594; Pem- bina Mng. Co. v. Peun. 125 U. S. 181; Crowley v. Christenson, 137 U. S. 86; Yick Wo v. Hopkins, 118 U. S. 358; Civil Rights Cases, 103 U. S. 3, are cited in behalf of this view." § 106. Attempt to escape from state prison. Every prisoner confined in the state prison for a term less than for life, who ittempts.to escape from such prison, is guilty of a felony, and, on conviction thereof, the term of imprisonment therefor shall commence from the time such convict would otherwise have been discharged from said prison. [Amend- ment approved 1880; Code Amdfs. 1880, p. 42.] Legislation § 106. 1. J]nacted February 14, 1872 (based on Field's Draft, § 138, N. Y. Pen. Code, § 85), and then read: "Every prisoner confined in the state prison for a term less than for life, who at- tempts to escape from such prison, is guilty of felony." 2. Amended by Code Amdts. 1880, p. 42." § 107. Escapes from other than state prison. Every prisoner confined in any other prison than the state prison, who escapes or attempts to escape therefrom, is guilty of a misdemeanor. Legislation § 107. Enacted February 14, 1872. § 108. Officers suffering convicts to escape. Every keeper of a prison, sheriff, deputy sheriff, constable, or jailer, or person employed as a guard, who fraudulently contrives, procures, aids, connives at, or voluntarily permits the escape of any prisoner in custody, is punishable by imprisonment in the state prison not exceeding ten years, and fine not ex- ceeding ten thousand dolbirs. 57 RESCUES. ESCAPES, AMD AIDING THEREIN. § 109 Legislation § 108. Enacted February 14, 1872; based on Crimes and Piniishmeut Act, Stats. 1850, p. 241, § 99, which read: "If any sheriff, coroner, jailer, keeper of a prison, constable, or other officer or person whatever, haviiiji any prisoner in his legal custody before conviction, shall voluntarily suffer or permit such prisoner to escape or go at large, every such officer or person so offending shall, on conviction, be tined in any sum not exceeding five thousand dollars, and imprisoned in the county jail for any time not exceeding five years: Provided, that, if such prisoner be in custody charged with murder or other capital offense, then such officer or person suffering or permitting such escape, shall be punished by imprisonment in Ahe state prison, for any term not less than one year, nor more than ten years. A negligent escape of a person charged with a. criminal offense before conviction, from the custody of any of the aforesaid officers, shall be deemed a misdemeanorj and punished by. fine not exceeding five thousand dollars." § 109. Assisting" prisoners to escape. Any person Avho willfully assists any paroled prisoner whose parole has been I'evoked, any escape, any prisoner confined in any prison or jail, or any inmate of any public training school or reforma- tory, or any person in the lawful custody of any officer or person, to escape, or in an attempt to escape from such prison or jail, or public training school or reformatory, or custody, is punishable as provided in section one hundred and eight of the Penal Code. [Amendment appi'oved 1907 ; Stats. 1907, p. 271.] Legislation § 109. 1. Enacted February 14, 1872; based on Field's Draft, § 144, N. Y. Pen. Code, § SS; also based on Crimes and Punish- ment Act, Stats. 1850, p. 241, § 98, which read: "§98. If any per- son shall aid or assist a prisoner, lawfully imprisoned or detained in custody for any offense against this state, or who shall be law- fully confined by virtue of any civil process, to make his or her escape from imprisonment or custody, though no escape be actually made; or if any person shall convey or cause to be delivered to such prisoner any disguise, instrument, or arms, proper to facilitate the escape of such prisoner, any person so offending (although no escape or attempt to escape be actually made), shall, on conviction, be punished by fine not exceeding five thousand dollars, and impris- oned in the county jail not exceeding five years." When enacted in 1872, § 109 read: "Every person who willfully assist^ any prisoner confined in any prison or in the lawful custody of any officer or per- son to escape, or in an attempt to escape from such 'rison or cus- tody, is punishable as provided in section 108 of this code." 2. Amendment by Stats. 1901, p. 443; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 647, differing from the amendment of 1907 (the present section), (1) having, as the first words of the section, "Every person who willfully assists" instead of "Any per- son who willfully assists any paroled prisoner whose parole has been revoked, any escape"; (2) not having, at end of section, the words "of the Penal Code"; the code commissioner saying, "The amendment is designed to make it punishable to assist the escape of inmates of reformatories, and to accomplish this end the follow- ^111 PENAL CODE. 58 iiig insoitions have beon made: The words 'or jail, or ii't'ormn tory.' tlie words 'or any person," anil tho words 'or jail, or iniblio training sohool, or reformatory.'" i. Amended by Stats. 1907,' p. 271. § 110. Carrying into prison things useful to aid in escape. Every person who carries or sends into a prison, jail, public training school, or reformatory, anything useful to aid a prisoner or inmate iu making his escape, with intent thereby to facilitate the escape of any prisoner or inmate confined therein, is punishable as provided in section one hundred and eight. [Amendment approved 1905 ; Stats. 1905, p. 647.] Legislation § 110. 1. Euaotod February 14. 1872; based on Field's Draft. § 142. X. Y. Pen. Code. § S7: also based on Crimes and Punish- ment Aet, Stats. 1S50. p. 241. §9(). which read: "§96. Tf any per- son shall carry to any convict imprisoned or in custody, or into any county jail or other place where such convict may be confined, any tool, weapon, or other aid with intent to enable such convict to escape such custody or confinement, whether such escape be effected or not. any person so offending, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, and im- prisonment in the state prison not exceeding five years." 2. Amendment by Stats. 1901, p. 443; unconstitutional. See note, § 5, ante. S. Amended by Stats. 1905, p. 647, (1) inserting (a) "nail, public training school, or reformatory" after "prison." and (b) "or inmate" after "prisoner" in both instances; (2) omitting "of this code" at end of section; the code commissioner saying. "The change is in line with the proposed change in § 109." § 111. Expense of trial for escape. AVhenever a trial is had of any person under any of the provisions of sections one hundred and five and one hundred and six, and Avhen- ever a convict in the state prison is tried for any crime com- mitted therein, the county clerk of the county Avhere such trial is had must make out a statement of all the costs in- curred by the county for the trial of such case, and of guard- ing and keeping such convict, and of the execution of the sentence of such convict, properly certified to by a judge of the superior court of such county, Avhich statement must be sent to the board of state prison directors for their ap- proval: and after such approval, said board must cause the amount of such costs to be paid out of the money appro- priated for the support of the state prison, to the county treasurer of the county where such trial was had. [Amend- ment approved 1905; Stats. 1905, p. 774.] Legislation § 111. 1. Added by Code Amdts. 1880, p. 9, and then read: ••\Micnever a trial shall be had of any person under any of the provisions of sections one hundred and five and one hundred and six of this code, and whenever a convict in the state prison shall be tried for any crime committed therein, the county clerk of the couutv where such trial is had shall make out a statement 59 FORGIXG, ETC., JUDICIAL AXD PUBLIC RECORDS. § 113 of all tlie costs incurred b_v the county for the trial of such ease, and of guarding and keeping such convict, properly certified to by a superior judge of said county, which statement shall be sent to the board of state prison directors for their approval: and after such approval, said board shall cause the amount of such costs to be paid out of the money appropriated for the support of the state -prison to the countv treasurer of the countv where such trial was had." - 2. Amendment by Stats. 1901, p. 443; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 774; the code commissioner saying. "It is manifestly proper that the county should be recouped for the expenses covered by the amendment." CHAPTER IV. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Records and Documents. § 113. Larceny, destruction, etc.. of records by officers having them in custody. § 114. Larceny, destruction, etc., of records by other persons. § 11.5. Offering false or forged instruments to be filed of record. § 116. Adding names, etc., to jury-lists. § 117. Falsifying jury-lists, etc. § 113. Larceny, destruction, etc., of records by officers having- them in custody. Every officer having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his hands for any purpose, Avho is guilty of stealing, Avill- fully destroying, mutilating, defacing, altering or falsifying, removing or secreting the -whole or any part of such record, map, book, paper, or proceeding, or Avho permits any other person so to do, is punishable by imprisonment in the state l^rison not less than one nor more than fourteen years. Mutilating, taking away or destroying records: See ante, § 76; post, § 114. Legislation § 113. Enacted February 14. 1872; based on Field's Draft, § 147, X. Y. Pen. Code, § 114; also based on Crimes and Pun- ishment Act, Stats. ISoO, p. 240, § 87, which read: "If any judge, justice of the peace, sheriff, coroner, clerk, recorder, or other pub- lic officer, or any person whatsoever, shall steal, embezzle, corrupt, alter, withdraw, falsify, or avoid any record, process, charter, gift, grant, conveyance, bond, or contract, or shall knowingly and will- fully take off, discharge, or conceal any issue, forfeited recogniz- ance, or other forfeiture, or shall forge, deface, or falsify any document or instrument recorded, or any registered acknowledg- ment or certificate, or shall alter, deface, or falsify any minute, docu- ment, book, or any proceeding whatever of or belonging to any public office within this state, the person so offending, and being thereof duly convicted, shall be punished by imprisonment in the state prison for a term not less than one nor more than ten years, and be fined in a sum not exceeding five thousand dollars." § 117 PENAL CODE. GO § 114. Larceny, destruction, etc., of records by other per- sons. Evcn-y person not an orticiM- .such as is reicri'ed to in the preceding" section, who is guilty of any of the acts speci- fied in that section, is punishable by imprisonment in the state prison not exceeding five yeai-s, or in a county jail not exceeding one yeai", or by u fine not exceeding one hun- dred dollars, or by both. Mutilating or taking away records: Sec ante, §§ 7(1, 113. Legislation § 114, Enacted February 14, 1872; based on Field's Draft, §14S; N. Y. Pen. Code, § 94; Crimes and Punishment Act, Stats. 1850, p. 240, § 87. § 115. Offering false or forged instruments to be filed of record. Every person Avho knowingly procni'cs or otfei's any false or forged instrument to be filed, registered, or recorded in any public office Avithin this state, which instru- ment, if genuine, might be filed, or registered, or recorded under any laAv of this state or of the United States, is guilty of felony. Legislation § 115. Enacted February 14, 1872; based on Field's Draft, § 149 X. Y. Pen. Code, § 93. § 116. Adding" names, etc., to jury-lists. Every person who adds any names to the list of persons selected to serve as jurors for the county, either by placing the same in the jury-box, or otherAvise, or extracts any name therefrom, or destroys the jury-box or any of the pieces of paper contain- ing the names of jurors, or mutilates or defaces such names so that the same cannot be read, or changes such names on the pieces of paper, except in eases alloAved by law, is guilty of a felony. [Amendment approA^ed 1874 ; Code Amdts. 1873-74, p. 425.] Legislation § 116. 1. Enacted February 14, 1872, differing from the amendment of 1873-74, (1) having the words "by a board of supervisors'' after "persons selected"; (2) not having the words "for the county" after "serve as jurors." 2, Amended by Code Amdts. 1873-74, p. 425. § 117. Falsifying" jury-lists, etc. Every officer or person required by laAV to certify to the list of persons selected as jurors Avho maliciously, corruptly, or willfully certifies to a false or incorrect list, or a list containing other names than thope selected, or Avho, being required by law to Avrite doAvn the namep placed on the certified lists on separate pieces of paper, does not Avrite doAvn and place in the jury-box the same names that are on the certified list, and no more and no less than are on such list, is guilty of a felony. Legislation § 117. Enacted February 14, 1872. Gl PERJURY AND SUBORNATION OF PERJURY. § 118a CHAPTER V- Perjury and Subornation of Perjury. § lis. Perjury defined. § llSa. False affidavits as to affiant's tcstimoi\y. § 119. Oath defined. § 120. Oath of office. § 121. Irregularity in administering oath. § 122. Incompetency of witness no defense. § 123. Witness's knowledge of materiality of testimony not necessary. § 124. Deposition, when deemed to be complete. § 125. Statement of that which one does not know to be true. § 126. Punishment of perjury. § 127. Subornation of perjury. § 12S. Procuring the execution of innocent person. § 129. False return under oath, whether oath is taken or not. § 118. Perjury defined. Every person who, having taken an oath that he will tesitify, declare, depose, or certify trnly before any competent tribunal, officer, or person, in any of the cases in which such an oath may by law be administered, willfully and contrary to such oath, states as true any ma- terial matter which he knows to be false, is guilty of perjury. Irregularity in administering "oath: See post, § 121. False sworn statement to mutual insurance company: See Civ. Code, § 453 j. False swearing in report of building and loan corporation: See Civ. Code, § (.i45. Legislation § 118. Enacted February 14. 1872; identical with Field's Draft, § 150, N. Y. Pen. Code, §'96. Crimes and Punishment Act, Stats. 1850, p. 239, § 82, read: "§ 82. Every person having taken a lawful oath, or made affirmation in any judicial proceeding, or in any other matter where by law an oath or affirmation is required, who shall swear or affirm willfully, corruptly, and falsel}^, in a matter material to the issue or point in question, or shall suborn any other person to swear or affirm as aforesaid, shall be deemed guilty of perjury or subornation of perjury (as the case may be), and upon conviction thereof shall be punished by imprisonment in the state prison for any term not less than one nor more than four- teen years." § 118a. False afiidavits as to affiant's testimony. Any person who, in any affidavit taken before any person author- ized to administer oaths, swears, affirms, declares, deposes, or certifies that he will testify, declare, depose, or certify before any competent tribunal, officer, or person, in any case then pending or thereafter to be instituted, in any particular manner, or to any particular fact, and in such affidavit will- fully and contrary to such oath states as true any- material matter which he knows to be false, is guilty of perjury. In any prosecution under this section, the subsequent testimony of such person, in any action involving the matters in such § 121 PENAL CODE. 62 affidavit contained, wliicli is contrary to any of; the ii)att(n-s in sucli affidavit contained, sliall ])e prima J'acic evidence that the nuittei'S in such aiTidavit were i'also. Legislation § 118a. 1. Addition by Stats. 1901, p. HI',; unconsti- tutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 648; the code commissioner saying, "The object of this new section is to puuisli those who instigate litigation by making false affidavits respecting the facts to which they will testify and is made necessary by the decision of the supreme court in People v. Simpton, 133 Cal. 367." §119. Oath defined. The term "oath," as used in the last two sections, includes an affirmation and every other mode authorized by law of attesting the truth of that which is stated. [Amendment approved 1905; Stats. 1905, p. 648.] Manner of administering oath. That mode of swearing which the witness believes most obligatory may be adopted. No special form of oath or atlirniation is required: Code Civ. Proc, §§ 2093-2097; see also post, § 121. Oath includes affirmation: See ante. § 7. Legislation § 119. 1. Enacted February 14, 1872; based on Field's Draft, § 151, N. Y. Pen. Code, § 97. 2. Amendment by Stats. 1901, p. 444; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. G4S, substituting "two sections" for "section"; the code commissioner saying, "The change is made necessary by the addition of § 118a to the code." § 120. Oath of Office. So much of an oath of office as relates to the future performance of official duties is not such an oath as is intended by the two [three] preceding sections. Oath of office: See Pol. Code, §§ 904 et seq. Legislation § 120. Enacted February 14, 1872; based on Field's Draft, § 152. § 121. Irregularity in administering' oath. It is no de- fense to a prosecution for poi-jury that the oath was admin- istered or taken in an irregular manner, or that the person accused of perjury did not go before, or was not in the presence of, the officer purporting to administer the oath, if such accused caused or procured such officer to certify that the oath had been taken or administered- [Amendment ap- proved 1905; Stats. 1905, p. 648.] Legislation § 121. 1. Enacted February 14. 1872; identical with Field's Draft, § 153, N. Y. Pen. Code, § 97. The code commissioners cite People v. Cook, 4 Seld. 67. 2. Amendment by Stats. 1901, p. 444; unconstitutional. See note, § 5, anta. 3. Amended by Stats. 1905, p. 648, adding all the matter after the words "irregular manner"; the code commissioner saying, "The object of the amendment is to cut off the defense sometimes suc- cessfully made in perjury cases, that the defendant did not in fact 63 PERJURY AND SUBORNATION OF PERJURY. § 126 go before the officer and take oath, it being at the same time ail- mitted that he sent tlie affidavit to the officer with the intention that he should certify to it, and with the intention that it should be used as valid." § 122. Incompetency of witness no defense. It is no de- fense to a prosociition for perjury that the accused was not competent to give the testimony, deposition, or certificate of Avhich falsehood is alleged. It is sufficient that he did give such testimony or make such deposition or certificate. Legislation § 122. Enacted February 14, 1872; based on Field's Draft, § 154, N. Y. Pen. Code, § 98. The code commissioners cite Van Steenberg v. Kortz, 10 .Johns. 167. § 123. Witness's knowledge of materiality of testimony not necessary. It is no defense to a prosecution for perjury that the accused did not know the materiality of the false statement made by him ; or that it did not, in fact, affect the proceeding in or for which it was made. It is sufficient that it was material, and might have been used to affect such proceeding. , Legislation § 123. Enacted Februarv 14, 1872; identical with Field's Draft, § 155, N. Y. Pen. Code, §99. § 124. Deposition, v/hen deemed to be complete. The making of a dei3osition, affidavit or certificate is deemed to be complete, within the provisions of this chapter, from the time when it is delivered by the accused to any other per- son, with the intent that it be uttered or published as true. [Amendment approved 1905; Stats. 1905, p. 648.] Legislation! 124. 1. Enacted February 14, 1872; based on Field's Draft, § 156, X. Y. Pen. Code, § 100. 2. Amendment by Stats. 1901, p. 444; unconstitutional. See note, §5, ante. 3. Amended by Stats. 1905, p. 648, adding the word "affidavit"; the code commissioner saying, "The purpose is of the same character as that of the amendment to the preceding section.'' § 125. Statement of that which one does not know to be true. An unciualified statement of that which one does not know to be true is equivalent to a statement of that which one knows to be false. Legislation § 125. Enacted Februarv 14, 1872; identical with Field's Draft, § 157, K Y. Pen. Code, §"lO]. § 126. Punishment of perjury. Perjury is punishable 1)y imprisonment in the state prison not less than one nor more than fourteen years. Legislation § 126. Enacted February 14, 1872; based on Field's Draft, § 158, N. Y. Pen. Code, § 106; also based on Crimes and Pun- ishment Act, Stats. 1850, p. 241, § 82, q. v., ante, Legislation § 118. § 12'J I'ENAL CODE. G-i §127. Subornation of perjury. lOvci-y pci-son wlio will- fully procures another i)ersou to coiiiniit perjury is guilty of subornation of perjury, and is punishable in the same manner as he would bo if personally guilty of the perjury so procured. Legislation § 127. Enacted February 14, 1872; based on Field's Draft, §§ 162, 163, N. Y. Pen. Code, § 105; also based on Crimes and Punisiiment Act, Stats. 1850, p. 239, § 82, q. v., ante. Legislation §118. § 128. Procuring' the execution of innocent person. Every person who, by willful perjury or subornation of per- jury, procures the conviction and execution of any innocent person, is punishable by death. Legislation § 128. Enacted February 11, 1872; based on Crimes and Punishment Act, Stats. 1850, p. '239, § 83, which read: "§83. Every person who, by willful and corrupt perjury or subornation of perjury, shall procure the conviction and execution of any inno- cent person, shall be deemed and adjudged guilty of murder, and upon conviction thereof shall suffer the punishment of death." The code commissioners say: "This section is founded on the 83d of the Crimes and Punishment Act [Crim Prac. Act]', which declares that any person so procuring the conviction and execution of an innocent person 'shall be deemed guilty of murder.' The offense certainly does not fall within any known definition of murder, and is repugnant to the definition of murder given in our statutes. The commission have therefore deemed it advisable to omit the words quoted and to affix the punishment to the act itself." § 129. False return under oath, whether oath is taken or not. Every person who, being required by law^ to make any return, statement, or report, under oath, willfully makes and delivers any such return, statement, or report, purporting to be under oath, knowing the same to be false in any partic- ular, is guilty of perjury, Avhether such oath was in fact taken or not. Legislation § 129. 1. Addition by Stats. 1901, p. 444; unconstitu- tional. See note, § 5, ante. 2. Added by Stats. 1905, p. 649; the code commissioner saying, "The object of the -section is similar to that of the proposed amend- ment to § 121. (See People v. Simpton, 133 Cal. 367.)" 65 FALyiFYING EVIDENCE. § 135 CHAPTER VI. Falsifying Evidence. § 132. Offering false evidence. § 133. Deceiving a witness. § 134. Preparing false evidence. § 135. Destroying evidence. § 136, Preventing or dissuading witness from attending. § 137. Bribing witnesses. § 138. Taking or offering to take bribes. Code commissioners note to Chapter VT. This '"cliapter is founded upon § 3 of the act of April 27, 1863 (Stats. 1863, p. 645), and §§ 84 and 86 of the Crimes and Punishment Act, as amended by the act cited. The language adopted is that of the New York Penal Code, §§ 165 to 170, inclusive. They more clearly define the offenses and carry out what evidently was the spirit and intent of that act." § 132. Offering- false evidence. Every person who upon any trial, proceeding, incjuiry, or investigation whatever, au- thorized or permitted by law, offers in evidence, as genuine or true, any book, paper, document, record, or other instru- ment in writing, knowing the same to have been forged or fraudulently altered or antedated, is guilty of felony. Legislation § 132. Enacted February 14, 1872; based on Field's Draft, § 165, N. Y. Pen. Code, § 107. § 133. Deceiving- a witness. Every person who practices any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token, or writing, to any witness or person about to be called as a witness upon any trial, proceeding, inquiry, or investigation whatever, author- ized by law, with intent to affect the testimony of such wit- ness, is guilty of a misdemeanor. Legislation § 133. Enacted February 14, 1872; based on Field's Draft, § 166, N. Y. Pen. Code, § 108. § 134. Preparing- false evidence. Every person guilty of preparing any false or antedated book, paper, record, in- strument in writing, or other matter or thing, with intent to produce it, or allow it to be produced for any fraudulent or deceitful purpose, as genuine or true, upon any trial, pro- ceeding, or inquiry whatever, authorized by law, is guilty of felony. Legislation § 134. Enacted Februarv 14, 1872; based on Field's Draft, § 167, N. Y. Pen. Code, § 109. § 135. Destroying- evidence. Every person who, know- ing that any book, paper, record, instrument in writing, or other matter or thing, is about to be produced in evidence upon any trial, inquiry, or investigation whatever, author- Pen. Code — 5 § 138 PENAL CODE. 66 izod by l;i\v, will fully desti'oy.s or conceals the same, Avith intent thereby to prevent it from being produced, is guilty of a misdemeanor. Legislation § 135. Enacted February 14, 1872; based on Field's Draft, § KiS. N. Y. Pen. Code, § 110. § 136, Preventing or dissuading- witness from attending-. Every person Avho Avillfully prevents or dissuades any per- son Avho is or may become a Avitness, fi-om attending upon any trial, proceeding, or inquiry, authorizcnl by law, is guilty of a misdemeanor. Legislation § 136. Enacted February 14, 1872; based on Field's Draft, § 1()0, N. Y. Pen. Code, § 111. § 137. Bribing witnesses. Every person Avho gives or offers, or promises to give, to any Avitness, or person about. to be called as a Avitness, any bribe, upon any understanding or agreement that the testimony of such Avitness shall be thereby influenced, or Avho attempts by any other means fraudulently to induce any person to give false or Avithhold true testimony, is guiltv of a felonv. [Amendment approved 1874; Code Amdts. 1873-74, p. 425.] Legislation § 137. 1. Enacted February 14, 1872 (based on Field's Draft, § 170, N. Y. Pen. Code, § 113), the final words of the section then reading, "to induce any witness to give false or to withhold true testimony, is guilty of a misdemeanor." 2. Amended by Code Amdts. 1873-74, p. 425. § 138. Taking or offering to take bribes. Every person who is a witness, or is about to be called as such, Avho re- ceives, or offers to receive, any bribe, upon any understand- ing that his testimony shall be influenced thereby, or that he Avill absent himself from the trial or proceeding upon which his testimony is required, is guilty of a felony. [Amendment approved 1874; Code Amdts. 1873-74, p. 425-] Legislation § 138. 1. Enacted February 14, 1872. 2. Amended by Code Amdts. 1873-74, p. 425, substituting "felony" for "misdemeanor" at end of section. 67 OFFENSES AGAINST PUBLIC JUSTICE. CHAPTER YIL Other Offenses Against Public Justice. § 142. Officer refusing to receive or arr.ist parties charged with crime. § 143. Public administrator, neglect of duty or violation of duty by. § 144. Eeceiving fee or compensation for services rendered in arrest- ing fugitives from justice. § 145. Delaying to take person arrested before a magistrate. § 146. Mailing arrests, etc., without lawful authority. § 147. Inhumanity to prisoners. § 148. Eesisting public officers in the discharge of their duties. § 149. Assaults, etc., by officers, under color of authority. § 150. Eefusing to aid officers in arrest, etc. § 151. Taking extrajudicial oaths. [Repealed.] § 152. Administering extrajudicial oaths. [Repealed.] § 153. Compounding crimes. § 154. Debtor fraudulently concealing his property. § 155. Defendant fraudulently concealing his property. § 156. Fraudulent pretenses relative to birth of infant. § 157. Substituting one child for another. § 158. Common barratry defined. How punished. § 159. What proof is required. § 159a. Advertising to procure divorce. § 160. Misconduct by attorneys. § 161. Buying demands or suit by an attorney. § 161a. Who may advertise. § 162. Attorneys forbidden to defend prosecutions carried on h} their partners or formerly by themselves. § 163. Limitation of preceding section. § 164. Grand juror acting after challenge has been allowed. [Re- pealed.] § 165. Bribing boards of supervisors, etc. § 166. Criminal contempts. § 167. False certificates by public officers. § 168. Disclosing fact of indictment having been found. § 169. Grand juror disclosing what transpired before the grand jury. § 170. Maliciously procuring search-warrant. § 171. Unauthorized communication with convict. § 171a. Taking opium, etc., into jails. § 171b. Ex-convicts coming upon or near prison grounds. § 171c. Tramp, vagrant, etc., coming into prison or upon grounds be- longing thereto. § 172. Sale of liquors near university, etc., prohibited. License deemed prima facie evidence. § 172a. Sale of liquors near university. § 173. Importing foreign convicts. § 174. Bringing Chinese into the state. § 175, Separate and distinct prosecution. § 176. Omission of duty by public officer. § 177. Offenses, when misdemeanors. § 178. Officers of corporations not to employ Chinese. [Repealed.] § 179. Corporations not to employ Chinese. [Repealed.] § 180. County treasurer shall not receive private moneys on deposit. § 180a. Bringing narcotics, intoxicating liquors, firearms, etc., into state prison. [Repealed.] § 181. Infringement of personal liberty or attempt to assume owner- ship of persons. Penalty. § 146 PENAL CODE. 08 § 142. Officer refusing to receive or arrest parties charged with crime. Every sheriff, coroner, keeper of a jail, con- stable, or other peace-officei-, who williully refuses to receive or arrest any person charged witli a criminal offense, is punishable by fine not exceeding five thousand dollars, and imprisonment in the county jail not exceeding five years. Legislation § 142. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 241, § lUO, wliich read: "§100. If any sheriff, coroner, keeper of a jail, constable, or otiier officer, shall willfully refuse to receive or arrest any person charged with a criminal offense, such sheriff, coroner, jailer, constable, or other officer so offending, sluill, on conviction, bo fined in any sum not exceeding five thousand dollars, and imprisoned in the county jail not exceeding five years." § 143. Public administrator, neglect of duty or violation of duty by. Every j^erson holding the office of public ad- ministrator, Avho willfully refuses or neglects to perform the duties thereof, or who violates any provision of law relating to his duties or the duties of his office, for which some other punishment is not prescribed, is punishable by fine not exceeding five thousand dollars, or imprisonment in the county jail not exceeding two years, or both. Legislation § 143. Enacted February 14, 1872; based on Probate Act, Stats. 1851, p. 488, § 303, which read: "§ 303. For any willful misdemeanor in office, the public administrator may be indicted and fined in any sum not exceeding two thousand dollars, and removed from office." § 144. Receiving' fee or compensation for services ren- dered in arresting- fug-itives from justice. Every person who violates any of the provisions of section fifteen hun- dred and fifty-eight is guilty of a misdemeanor. "Provisions of § 1558." The section referred to relates to fees or compensation allowed persons for pursuing and securing the extra- dition of fugitives from justice. Legislation § 144. Enacted February 14, 1872. § 145. Delaying' to take person arrested before a magis- trate. Every public officer or other person, having arrested any person upon a criminal charge, who willfully delays to take such person before a magistrate having jurisdiction, to take his examination, is guilty of a misdemeanor. Delay in taking defendant before magistrate: See post, § 825. Legislation q 145. Enacted February 14, 1872; based on Field's Draft, § 174, N. Y. Pen. Code, § 118. § 146. Making- arrests, etc., without lawful authority. Every public officer, or person pretending to be a public officer, who, under the pretense or color of any process or G9 OFFENSES AGAINST PUBLIC JUSTICE. § 148 other legal authority, arrests any person or detains him against his will, or seizes or levies upon any property, or dispossesses any one of any lands or tenements, without a regular process or other lawful authority therefor, is guilty of a nnsdemeanor. Legislation § 146. Enai-ted February li, 1872; identical with Field's Draft, § 175, N. Y. Pen. Code, §"ll9. § 147. Inhumanity to prisoners. Every officer who is guilty of willful inhumanity or oppression toward any pris- oner under his care or in his custody, is punishable by fine not exceeding two thousand dollars, and by removal from office. Legislation § 147. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p.' 240, §88, which read: "§88. Every sheriff or jailer who shall be guilty of willful inhumanity or oppression to any prisoner under his care or custodj-, shall be fined in any sum not exceeding two thousand dollars, and be removed from office." § 148. Resisting' public officers in the discharge of their duties. Every person who willfully resists, delays, or ob- structs any public officer, in the discharge or attempt to dis- charge any duty of his office, when no other punishment is prescribed, is punishable by fine not exceeding five thou- sand dollars, and imprisonment in the county jail not exceeding five years. Resisting ofl5.cers: Ante, § 69. Legislation § 148. Enacted February 14, 1872; based on Field's Draft, § 180, N. Y. Pen. Code, § 124; also based on Crimes and Pun- ishment Act, Stats. 1850, p. 240, § 92,, which read: "§ 92. If any person shall knowingly and willfully obstruct, resist, or oppose any sheriff, deputy sheriff, coroner, constable, marshal, policeman, or other officer of this state, or other person duly authorized, in serv- ing, or attempting to serve, any lawful process or order of any court, judge, or justice of the peace, or any other legal process whatsoever, or shall assault or beat any such officer or person duly authorized in serving, or executing, or attempting to serve or exe- cute any order or process as aforesaid, or for having served, or executecl, or attempted to serve or execute the same, every person so offending shall be fined in any sum not exceeding five thousand dollars, and imprisoned in the county jail for a term not exceeding five years; Provided, any officer or person whatsoever that may or shall assault or beat any individual, under color of his commission or authority, without lawful necessity so to do, shall, on convic- tion, suffer the same punishment." Crimes and Punishment Act, §92, as amended by Stats. 1860, p. 125, § 1, read: "§92. If any person shall, knowingly and willfully, obstruct, resist, or oppose, any sheriff, deputy sheriff, coroner, constable, marshal, policeman, or other officer of this state, or other person duly authorized, in serving or attempting to serve any law process or order of any court, judge, or justice of the peace, or any other legal process what- ever, or in making or attempting to make any arrests or shall as- § 150 PENAL CODE. 70 SJiuIt or lio;it any .siirli ofliccr or poi'son duly aiitliorized, in st'ivinj; or exociiting, or atlcniptinff to servo or execute any orfler or process, or to make auy such arrests aforesaid, or for having served or exe- cuted, or attempted to serve and execute the same, or for having made or attempted to make such arrest, every person so offending sliall be fined in any sum not exceeding five thousand dollars, ancl imprisoned in the county jail for a term not exceeding five years; jirovided, any officer or person whatsoever, who may or shall assault or beat any individual, under color of his commission or authority, without lawful necessity so to do, shall, on conviction, suffer the same punishment." § 149. Assaults, etc., by officers, under color of authority. Every public officer who, uiidei- color of authority, without lawful necessity, assaults or beats any person, is punishable by fine not exceeding five thousand dollars, and imprison- ment in the county jail not exceeding five years. Legislation § 149. Enacted February 14, 1872; based on Crimes and Punishment Act, § 92, as amended by Stats. 1860, p. 12.3, § 1, q. v., ante. Legislation § 148. § 150. Refusing to aid officers in arrest, etc. Every male person above eighteen years of age who neglects or refuses to join the posse eomitatus or power of the county, by neglecting or refusing to aid and assist in taking or arresting any person against whom there may be issued any process, or by neglecting to aid and assist in retaking any person who, after being arrested or confined, may have escaped from such arrest or imprisonment, or by neglecting or refusing to aid and assist in preventing any breach of the peace, or the commission of any criminal offense, being thereto lawfully required by any sheriff, deputy sheriff, coroner, constable, judge, or justice of the peace, or other officer concerned in the administration of justice, is punish- able by fine of not less than fifty nor more than one thou- sand dollars. Act to authorize supervisors to pay expenses of posse eomitatus: See post, Appendix, tit. "Supervisors." Legislation § 150. Enacted February 14, 1872; based on Field's Draft, § 177, N. Y. Pen. Code, § 121; also based on Crimes and Pun- ishment Act, Stats. 1850, p. 245, § 128, which read: "§128. Every male person above eighteen years of age who shall neglect or refuse to join the posse eomitatus or power of the county, by neglecting or refusing to aid and assist in taking or arresting any person or persons against whom there may be issued any process, or by neg- lecting to aid and assist in retaking any person or persons who, after being arrested or confined, may have escaped from such arrest or imprisonment, or by neglecting or refusing to aid and assist in preventing any breach of the peace, or the commission of any crimi- nal oifense, being thereto lawfully required by any sheriff, deputy sheriff, coroner, constable, judge, or justice of the peace, or other officer concerned in the administration of justice, shall, upon eon- 71 OFFENSES AGAINST PUBLIC JUSTICE, § 153 victioD, be fined in any sum not less than fifty nor more than one thousand dollars." § 151. Taking- extrajudicial oaths. [Repealed 1874; Code Amdts. 1873-74, p. 425.] Legislation § 151. 1. Enacted February 14, 1872. 2. Repealed by Code Amdts. 1873-74, p. 425. § 152. Administering' extrajudicial oaths. [Repealed 1874; Code Amdts. 1873-74, p. 4'25.] Legislation § 152. 1. Enacted February 14, 1872. 2. Repealed by Code Amdts. 1873-74, p. 425. § 153. Compounding crimes. Every person who, having knowledge of the actnal commission of a crime, takes money or property of another, or any gratuity or reward, or any engagement, or promise thereof, upon any agreement or understanding to compound or conceal such crime, or to abstain from any prosecution thereof, or to withhold any evidence thereof, except in the cases provided far by law, in which crimes may be compromised by leave of court, is punishable as follows : 1. By imprisonment in the state prison not exceeding five years, or in a county jail not exceeding one year, where the crime was punishable by death or imprisonment in the state prison for life ; 2. By imprisonment in the state prison not exceeding three years, or in the county jail not exceeding six months, where the crime was punishable by imprisonment in the state prison for any other term than for life ; 3. By imprisonment in the county jail not exceeding six months, or by fine not exceeding five hundred dollars, where the crime Avas a misdemeanor. Compromising certain offenses: Post, §§ 1377-1379. Legislation § 153. Enacted February 14, 1872; based on Field's Draft, § 1S3, N. Y. Pen. Code, § 125; also based on Crimes and Pun- ishment Act, Stats. 1850, p. 241, § 101, which read: "§101. Every person having a knowledge of the actual commission of any offense punishable by imprisonment in a county jail, or by fine, or of any misdemeanor or violation of any statute for which any pecuniary or other penalty is or shall be prescribed, who shall take any money, property, gratuity, or reward, or any engagement or promise there- for, upon any agreement or understanding, express or implied, to compound or conceal any such offense or misdemeanor, or to abstain from any prosecution therefor, or to withhold any evidence thereof, shall, upon conviction, be fined in any sum not exceeding five hun- dred dollars, or imprisoned in the county jail not more than six months: Provided, that this section shall not apply to those offenses which may lawfully be compromised by leave of court"; also based on Crim. Prac. Act, Stats. 1851, p. 240, § 257, wliich read: "§257. A person may be indicted for having, with the knowledge of the 6 155 PENAL CODE. 72 c'omiiiissioii (if a [uiblic offense, taken money or pro[)erty of another, or a gratuit.v or a reward or an agreement or nnderstanding express or implieil to compound or conceal the offense, or lo abstain from * a prosecutiou therefor, or to witlihold any evidence tliereof, though the persons guilty of the original offense have not been indicted or tried." The code commissioners say: "This section was complied from § 101 of the Crimes and Punishment Act, and § 257 of the Criminal Practice Act (Stats. 18o0, p. 229; Stats. 185], p. 212), with the punishment graded in proportion to the enormity of the offense compounded. The language is nearly that of the New York Penal Code [Field's Draft]., § 18;i." § 154. Debtor fraudulently concealing' his property. Every debtor who fraudulently removes his property or effects out of this state, or fraudulently sells, conveys, assif?ns, or conceals his property, with intent to defraud, hinder, or delay his creditors of their rights, claims, or demands, is punishable by imprisonment in the county jail not exceeding one year, or by fine not exceeding five thou- sand dollars, or by both. Fraudulent acts to defraud creditors: See post, §§ 155, 531. Legislation § 154. E'nacted Februarv 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 246, § 134, which read: "§134. If any debtor shall fraudulently remove his property or effects out of this state, or shall fraudulently sell, convey, or assign, or conceal his property or effects, with intent to defraud, hinder, or delay his creditors of their just rights, claims, or demands, he shall, on con- viction, be punished by imprisonment in the county jail for any term not exceeding one year, or by fine not exceeding five thon- sand dollars, or by both such fine and imprisonment." § 155. Defendant fraudulently concealing* his property. Every pei'son against Avhom an action is pending, or against whom a judgment has been rendered for the recovery of any personal property, who fraudulently conceals, sells, or disposes of such property, with intent to hinder, delay, or defraud the person bringing such action or recovering such judgment, or with such intent removes such property beyond the limits of the county in which it may be at the time of the commencement of such action or the rendering of such judgment, is punishable as provided in the preceding section. Fraudulent acts to defraud creditors: See ante, § 154; post, § 531. Legislation § 155. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 246, § 135, which read: "Any person against whom an action is pending, or against whom a judg- ment has been rendered for the recovery of any personal property or effects, who shall fraudulently conceal, sell, or dispose of such property or effects, with intent to hinder, delay, or defraud the person bringing such action or recovering such judgment, or shall with such intent remove such property or effects beyond the limits of the county in which it may be at the time of the commencement of such action or the rendering of such judgment, shall, on con- viction, be punished as provided ie the next preceding section." 73 OFFENSES AGAINST PUBLIC JUSTICE. § 159 § 156. Fraudulent pretenses relative to birth of infant. Every person who fraudulently produces an infant, falsely pretending it to have been born of any parent whose child would be entitled to inherit any real estate or to receive a share of any personal estate, with intent to intercept the inheritance of any such real estate, or the distribution of any such personal estate from any person lawfully entitled thereto, is punishable by imi^risonnicnt in the state prison not exceeding ten years. Legislation § 156. Enacted February 14, 1872; almost identical with Field's Draft, § 212, N. Y. Pen. Code, § 151. The New York code commissioners say: "This is substantially the provision of 2 Eev. Stats., p. 676, § 51. The commissioners would have recom- mended the enactment of a more extended provision, which should forbid the holding out of a child as born of other than its true parents, were it not that such an enactment would render neces- sary a sj'stem of provisions regulating and legalizing the adoption of children. The subject of adoptions is one which the commis- sioners have under consideration, and some systematic provisions relative to it may perhaps be reported, but the topic does not come within the Penal Code." § 157. Substituting- one child for another. Every person to whom an infant has been confided for nursing, education, or any other purpose, who, wdth intent to deceive any parent or guardian of such child, substitutes or produces to such parent or guardian another child in the place of the one so confided, is pluiishable by imprisonment in the state prison not exceeding seven years. Legislation § 157. Enacted February 14, 1872; almost identical with Field's Draft, § 213, N. Y. Pen. "Code, § 152. The New York code commissioners say: "Founded upon 2 Eev. Stats., p. 677, § 52. The changes introduced are two. The provisions of the Eevised Statutes is [sic]' limited to cases where the infant confided to the accused is under six years. The commissioners are of the opinion that while the substitution may become less and less feasible with the advancing age of the child, it is not the less criminal, if per- petrated, because the child has passed the age of six; and they therefore omit the restriction. They also use the words 'substitutes or produces,' in place of 'substitutes and produces'; in order to embrace cases in which the child may not lae exhibited in person to the parent or guardian." § 158. Common barratry defined. How punished. Com- mon barratiy is the practice of exciting groundlesss judicial proceedings, and is punishable by imprisonment in the county jail not exceeding six months and by fine not exceed- ing five hundred dollars. Legislation § 158. Enacted February 14, 1872; l)ased on Field's Draft, § 190, N. Y. Pen. Code, § 132. § 159. What proof is required. No person can be con- victed of common barratry except upon proof that he has § IGO PENAL CODE. 74 excited suits or pi'oeeediugs at law in at least tliree in- stances, and with a corrupt or malicious intent to vex and annoy. Legislation § 159. Eiiai-toJ Fcl^ruarv 14, 1872; identical with Field's Draft, § 192, N. Y. Pen. Code, §134. § 159a. Advertising- .to procure divorce. Whoever ad- vertises, ])riiits, i)ul)lisli('s, distrihutos, or circulates, or causes to ])e advertised, printed, ])u})lished, distri])uted, or circulated, any circular, pamphlet, card, hand-bill, advertise- ment, printed paper, book, newspaper, or notice of any kind, offering to procure or obtain, or to aid in procuring or ob- taining, any divorce, or the severance, dissolution, or annul- ment of any marriage, or offering to engage or appear or act as attorney, counsel, or referee in any suit for alimony or divorce, or the severance, dissolution, or annulment of any marriage, either in this state or elsewhere, is guilty of a misdemeanor. This section does not apply to the printing or publishing of any notice or advertisement required or authorized by anv law of this state. [Amendment approved 1905; Stats. 1905"; p. 649.] Legislation § 159a. 1. Added by Stats. 1891, p. 279, as § 1.59i/l>, and then read: "Whoever advertises, prints, publishes, or circulates, or causes to be advertised, printed, published, distributed, or circu- lated, any circular, pamphlet, card, hand-bill, advertisement, printed paper, book, newspaper, or notice of any kind offering to procure, or to aid in procuring, any divorce, either in this state or elsewhere, shall be guilty of a misdemeanor. This act shall not apply to the printing or publishing of any notice or advertisement required or authorized by any law of this state." 2. Amended by Stats. 1893, p. 48, differing from the amendment of 1905 (the present section), having, (1) in first sentence, (a) "nullity" insteid of "annulment" in both instances, and (b) "shall be" instead of "is" before "guilty of a misdemeanor," at end of sentence; (2) in final sentence, "This act" instead of "This sec- tion." 3. Amendment by Stats. 1901, p. 444, being identical with the amendment of 1905, although the code commissioners call it a new section; unconstitutional. See note, § 5, ante. 4. Amended by Stats. 1905, p. 649. ' § 160. Misconduct by attorneys. Every attorney who, whether as attorney or as counselor, either : 1. Is guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party ; or, 2. Willfully delays his client's suit with a view to his own gain ; or, 3. Willfully receives any money or allowance for or on 75 OFFENSES AGAINST PUBLIC JUSTICE. ^ 1G2 account of any money which he has not laid out or become answerable for ; — Is guilty of a misdemeanor. Disbarring attorneys: See Code Civ. Proc, § 287. Legislation § 160. EBacted February 14, 1872; based on Field's Draft, § 209, N. Y. Pen. Code, § 148. The New York code commis- sioners say: " 'As attorney or as counselor.' In general tliroughout the code, the commissioners have used the word 'attorney,' as em- bracing all classes of legal ^Ji'actitioners, conformably to the exist- ing law by which both the functions of the attorney and those of the counselor at law are united in the same person. But it has been held that although candidates for admission to the bar are now admitted as attorneys and as counselors at the same time, yet the offices are still distinct. (Easton v. Smith, 1 E. D. Smith, 318; Brady v. Mayor etc. of New York, 1 Sandf. 559.) As some of the acts prohibited in the above section might be committed by one acting only as a counselor, and who, though in fact also an attorney, had no retainer as such in the cause to which the misconduct related, the commissioners have declared the acts punishable in whichever capacity the defendant acts." § 161, Buying- demands or suit by an attorney. Every attorney Avho, either directly or indirectly, buys or is in- terested in buying any evidence of debt or thing in action, with intent to bring suit thereon, is guilty of a misdemeanor. Legislation § 161. Enacted February 14, 1872; identical with Field's Draft, § 194, N. Y. Pen. Code, § 136. § 161a. Who may advertise. Any person other than a regularly licensed attorney who advertises himself as prac- ticing or entitled to practice law in any court of justice is guilty of a misdemeanor. [Amendment approved 1909; Stats. 1909, p. 247.] Legislation § 161a. 1. Addition by Stats. 1901, p. 444; uncon- stitutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 649, and then read: "Any person, other than a regularly licensed attorney, who advertises or holds himself out as practicing or entitled to practice law in any court of record, is guilty of a misdemeanor." 3. Amended by Stats. 1909, p. 247. § 162. Attorneys forbidden to defend prosecutions car- ried on by their partners or formerly by themselves. Every attorney who directly or indirectly advises in relation to, or aids, or promotes the defense of any action or proceeding in any court, the prosecution of which is carried on, aided, or promoted by any person as district attorney or other public prosecutor, with whom such person is directly or in- directly connected as a partner; or who, having himself prosecuted or in any manner aided or promoted any action or proceeding in any court as district attorney oi' other § 1G5 PENAL CODE. 76 public 2)iH)scK'uiur, aiteruiirds, dircetly or indirectly, advises ill relation to or takes any part in the defense thereof, as attorney or otherwise, or Avho takes or receives any valu- able consideration from or on behalf of any defendant in any such action, upon any understanding or agreement whatever having relation to the defense thereof, is guilty of a misdemeanor, and in addition to the punishment pre- scribed thercfoi', forfeits his license to practice law. Legislation § 162. Enacted Fobruary 11, 1872; based on Field's Draft, § 7oU, N. Y. Pen. Code, § 670. § 163. Limitation of preceding section. The preceding section does not prohibit an attorney from defending him- self m person, as attorne}^ or counsel, when prosecuted, either civilly or criminally. Legislation § 163. Enacted February 14, 1872; based on Field's Draft, § 731, N. Y. Pen. Code, § 671. § 164. Grand juror acting' after challenge has been al- lowed. [Repealed 1911; ^Stats. 1911, p. 484.] Grand juror acting after allowance of challenge: See post, § 900. Legislation § 164. 1. Enacted February 14, 1872; identical with Field's Draft, § 20.S, N. Y. Pen. Code, § 144. 2. Eepealed 1911, Stats. 1911, p. 434. § 165. Bribing boards of supervisors, etc. Every person who gives or offers a bribe to any member of any common council, board of supervisors, or board of trustees of any county, city and county, city, or public corporation, with intent to corruptly influence such member in his action on any matter or subject pending before, or which is after- ward to be considered by, the body of which he is a mem- ber, and every member of any of the bodies mentioned in this section w^ho receives, or agrees to receive any bribe upon any understanding that his official vote, opinion, judg- ment, or action shall be influenced therebj^, or shall be given in any particular manner or upon any particular side of any question or matter, upon which he may be required to act in his official capacity, is punishable by imprisonment in the state 's prison not less than one nor more than fourteen years, and upon conviction thereof shall, in addition to said pun- ishment, forfeit his office, be disfranchised and forever dis- qualified from holding any public office or trust. [Amend- ment approved 1905; Stats. 1905, p. 650.] Legislation § 165. 1. Enacted February 14, 1872 (based on Crimes and Punishment Act, Stats. 1850, p. 239, §§ S4, 85, as amended by Stats. 1863, pp. 645, (546, §§ 1, 2), and then read: "Every ]icrson who gives or offers a bribe' to any member of an}' common council, board of supervisors, or board of trustees of any county, city, or corpora- 77 OFFENSES AGAINST PUBLIC JUSTICE. § IGG lion, with intent to corruptly influence such member in his action on any matter or subject pendiujj- before the body of which he is a mem- ber, and every member of either of the bodies mentioned in this sec- tion who receives or offers to receive any such bribe, is punishable by imprisonment in the state prison for a term not less than one nor more than fourteen years, and is disqualified from holding any office in this state." 2. Amendment by Stats. 1901, p. 440; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 650; the code commissioner saying, "The word 'public' is inserted before the word 'corporation,' as the section was undoubtedly intended to apply to bodies and author- ities of a public character. The words 'of which is afterward to be considered by' are inserted. The words 'upon any understand- ing that his official vote, opinion, judgment, or action shall be in- fluenced thereb,y, or shall be given in any particular manner or upon an_y particular side of any question or matter, upon* which he may be required to act in his official capacity,' were not in the report of the original code commission, but were inserted as a committee amendment at a previous session. The added words 'in addition to said punishment' were likewise insei-ted by said com- mittee." § 166. Criminal contempts. Every person guilty of any contempt of court, of either of the following kinds, is guilty of a misdemeanor : 1. Disorderly, contemptuous, or insolent behavior com- mitted during the sitting of any court of justice, in imme- diate view and presence of the court, and directly tending to interrupt its proceedings or to imjjair the respect due to its authority ; 2. Behavior of the like character committed in the pres- ence of any referee, while actually engaged in any trial or hearing, pursuant to the order of any court, or in the pres- ence of any jury while actually sitting for the trial of a cause, or upon any inquest or other proceedings authorized by laAv ; 3. Any breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of any court ; 4. Willful disobedience of any process or order lawfully issued by any court ; 5. Kesistance willfully offered by any person to the law- ful order or process of any court ; 6. The contumacious and unlawful refusal of any person to be sworn as a witness; or, when so sworn, the like refusal to answer any material question ; 7. The publication of a false or grossl}' inaccurate report of the proceedings of any court ; 8. Presenting to any court having power to pass sentence upon any prisoner under conviction, or to any member of such court, any affidavit or testimony "or representation of § 1G9 PENAL CODE. 78 any kind, xcrhal or wi-itlcii, in ng'^cavatioii or niitigatiou oL" the i)Uiiisliiiu'nt to l)o iiiijioscd upon sucli prisonor, except as provided in this code. Contempt punishable as a crime: Post, § 657. Contempts. Power of court to punish; Code Civ. Proc, §§ 128, 177, 17S. Resistance of process: See post, § 724. Legislation § 166. Enacted February 14, 1872; based ou Field's Draft, §201, N. Y. Pen. Code, § 143. § 167. False certificates by public officers. Every public officer authorized, by laAV to make or give any certificate or other writing, who makes and delivers as true any such certificate or Avriting, containing statements which he knows'to be false, is guilty of a misdemeanor. Legislation! 167. 1. Enacted February 14, 1872; based on Field's Draft, § 223, N. Y. Pen. Code, § 163. 2. Amendment by Stats. 1901, p. 445; unconstitutional. See note, § 5, ante. § 168. Disclosing fact of indictment having been found- Every grand juror, district attorney, clerk, judge or other officer who, excei^t by issuing or in executing a warrant of arrest, willfully discloses the fact of an information or in- dictment having been made for a felony, until the defendant has been arrested, is guilty of a misdemeanor. [Amend- ment approved 1905; Stats. 1905, p. 650.] Legislation! 168. 1. Enacted February 14. 1872; based on Field's Draft, § 217, X. Y. Pen. Code, §§ 156, 157. The code commissioners say: "This section is founded upon §§ 223 and 224 of the Criminal Practice Act (Stats. 1851, p. 212), extended to embrace indictments as well as presentments, the reason of the rule applying with as much force to one as to the other." 2. Amendment by Stats. 1901, p. 445; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 650; the code commissioners saying, " 'Presentment' is stricken out and 'information' inserted in its place, for the reason that under the constitution of 1879 there is no prosecution by presentment, that portion of this section (origi- nally passed in 1872) having been superseded by the constitution." § 169. Grand juror disclosing what transpired before the grand jury. Every grand juror who, except when required by a court, willfully discloses any evidence adduced before the grand jury, or anything which he himself or any other member of the grand jury may have said, or in what manner he or any other grand juror may have voted on a matter before them, is guilty of a misdemeanor. Legislation § 169. Enacted February 14, 1872; identical with Field's Draft, § 218, N. Y. Pen. Code, § 157. 79 OFFENSES AGAINST PUBLIC JUSTICE. § 17lb § 170. Maliciously procuring search-warrant. Every per- son who maliciously and without probable cause procures a search-Avarrant or warrant of arrest to be issued and exe- cuted, is guilty of a misdemearior. Legislation § 170. Enacted February 14, 1872; based on Field's Draft, § 220, N. Y. Pen. Code, § 159. § 171. Unauthorized communication with convict. Every person, not authorized by law, who, without tlie permission of the warden or other officer in charge of any state prison, jail, or reformatory in this state, communicates with any convict or person detained therein, or brings therein or takes therefrom any letter, writing, literature, or reading- matter to or from any convict or person confined therein, is guilty of a misdemeanor. [Amendment approved 1905 ; Stats. 1905, p. 651.] Legislation § 171. 1. Enacted February H, 1872 (based on Field's Draft, § 221, N. Y. Pen. Code, § 160), and then read: "Every person, not authorized by law, who, without the consent of the warden, or other officer in charge of the state prison, communicates with any convict therein, or brings into or conveys out of the state prison any letter or writing to or from any convict, is guilty of a misde- meanor." 2. Amendment bj' Stats. 1901, p. 445; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 651; the code commissioner saying, "The scope of the section is broadened by the insertion of the words 'jail or reformatory in this state,' and the words 'literature or reading-matter.' " § 171a. Taking' opium, etc., into jails. Any person, not authorized by law, who brings into any state prison, town or county jail, or city, or city and county jail, or reform- atory in this state or within the grounds belonging or adjacent to any such institution, any opium, morphine, cocaine, or other narcotic, or any intoxicating liquor of any kind whatever, or any firearms, weapons, or explosives of any kind, is guilty of a felony- [Amendment approved 1911;Stats. 1911, p. 364.] Legislation § 171a. 1. Addition by Stats. 1901, p. 445; unconstitu- tional. See note, § 5 ante. 2. Added by Stats. 1905, p. 651; the code commissioner saying, in his note to §§ 171a, 171b, 171c, 180a, "§§ 171a, 171b, and ifle con- tain the matter now contained in § 180a, [see post. Legislation §§ 180, 181,]' and also a codification of the provisions of the statute of 1895, p. 92." 3. Amended by Stats. 1911, p. 364, by adding the words "town or county jail or city and county" before the word "jail." § 171b. Ex-convicts coming upon or near prison grounds. Every person who, having been previously convicted of a felony and confined in any state prison in this state, without § 172 PENAL CODE. 80 the consent of llic warden or dllici' oniccr in cliai's^c ol' any state prison oi- i-ci'orinatoiy in this slate, eonies ii[)on the gi'ouiuls of any such institution, or Jands belouf^ing or adjacent thereto, in llie niglit-tinie, is guilty oi' a rek)ny. Legislation § 171b. 1. Addition by Stats. 1901, p. 41tj; luu-ousti- tional. See uote, § 5, ante. 2. Added by Stats. 1905, p. (531. See ante, Legislation § 171a, for code commissioner's note. See also, post, Legislation §§ 180, 180a. § 171c. Tramp, vagrant, etc., coming' into prison or upon grounds belonging thereto. Any tramp, vagrant, or person who is a Ivnown associate of thieves, who comes into any state reformatory in this state, or upon the grounds behnig- ing or adjacent thereto, and communicates with any of the inmates of such institution, Avithout the consent of the su- perintendent or other person having charge thereof, or who visits or communicates with any paroled pupil or inmate of such institution, with a view to induce him to violate the conditions of his parole, or who induces such paroled pupil or inmate to leave the guardian under whom he has been placed by the superintendent or other head of such institu- tion, is guilty of a misdemeanor. Legislation § 171c. 1. Addition by Stats. 1901, p. 446; unconstitu- tional. See note, § 5, ante. 2. Added by Stats. 1905, p. 651. See ante, Legislation § 171a, for code commissioner's note. See also, post, Legislation §§ 180, 180a. § 172. Sale of liquors near university, etc., prohibited. License deemed prima facie evidence. 1. Every person who, within half a mile of the land belonging to this state upon which any state prison, or within nineteen hundred feet of the land belonging to this state upon which any reformatory, is situated, or within one mile of the grounds belonging to the University of California, at Berkeley, or within one and one-half miles of the exterior limits of the land on which is located the Veterans' Home at Yountville, Napa County, California, or within three miles of the uni- versity farm at Davis, or within one and one-half miles of the lands occupied by any home, retreat, or asylum for ex-soldiers, sailors, and marines of the army and navy of the United States, established or to be established by this state, or by the United States within this state, or within the state capitol, or within the limits of the grounds adja- cent and belonging thereto, sells, gives away, or exposes for sale, any spirituous, vinous or alcoholic liquors, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars, or by imprisonment for not less than fifty days or by both such fine and imprisonment, in the discretion of the court. 81 OFFENSES AGAINST PUBLIC JUSTICE. § 172 2. The possession by a person, Avithiii tlie distances men- tioned in paragraph one of this section of any state prison, reformatory, gronnds belonging to the University of Cali- fornia at Berkeley, university farm at Davis, or of the land on which is located the Veterans' Home at Yountville, Napa county, California, or any home, retreat or asylum for ex-soldiers or sailors, and marines of the army and navy of the United States, within the state capitol, or within the grounds adjacent and belonging thereto, of a license for the sale of spirituous, vinous or malt liquors issued under and by the authority of the government of the United States shall, in any prosecution under paragraph one of this section, be deemed to be prima facie evidence of the violation of the provisions of paragraph one of this sec- tion. [Amendment approved 1915; Stats. 1915, p. 1451.] Legislation § 172. 1. Enacted February 14, 1872 (based on Stats. 1855, p. 108, §§ 1, 2), and then read: "Every person who, within two miles of the laud laelonging to this state, upon which the state prison is situated, keeps, sells, gives away, or offers for sale any vinous, malt, or spirituous liquors, is guilty of a misdemeanor." 2. Amended by Code Amdts. 1875-76, p. 109, to read: "Every person who, within two miles of the land belonging to this state, upon which the state prison is situated, or within one mile of the insane asylum at Napa, or within one mile of the grounds belonging and adjacent to the University of California, in Alameda County, or in the State Capitol, or within the limits of the grounds adjacent and belonging thereto, sells, gives away, or exposes for sale, any vinous or alcoholic liquors, is guilty of a misdemeanor." 3. Amendment by Stats. 1901, p. 446; unconstitutional. See note, § 5, ante. 4. Amended by Stats. 1905, p. 652, to read: "Every person who, within two miles of the land belonging to this state upon which any state prison or reformatory is situated, or within one mile of the grounds belonging and adjacent to the University of California, or within one and one half miles of the lauds occupied by any home, retreat, or asylum for disabled volunteer soldiers or sailors established or to be established by this state or by the United States within this state, or within the State Capitol, or within the limits of the grounds adjacent and belonging thereto, sells, gives away, or exposes for sale, any vinous or alcoholic liquors, is guilty of a misdemeanor." See code conimissioner's note, infra. 5. Amended by Stats. 1907, p. 121; the code commissioner saying, "The amendment of 1905 consolidated the provisions of the present § 172 with a codification of the Statutes of 1873-74, p. 12; 1880, p. 80, and 1895, p. 161, relating to the State University, soldiers' homes, and State Capitol. There was no new legislation in the sec- tion, except that the former restriction as to the asylum for the insane at Napa was dropped altogether, and reformatories were placed within the same restriction as penitentiaries. The amend- ment of 1907 consisted in reducing the limit with reference to the state prison to half a mile and with reference to the reformatory to nineteen hundred feet, and inserting the words 'at Berkeley' after the words 'University of California' so that there can be Ten. Code — 6 § 173 PENAL CODE. 82 no possihlo (|iU'sti()ii of foiistiMn-t ion as to vvliat yroiiiuls of tlio iiiiivorsity aro rcfoircd to." 6, Amended by Stats. 1911, p. 4r)2, to read as follows: ''Every person who, within half a mile of the land belonging to this state upon which any state prison, or within nineteen hundred feet of the land belonging to this state upon which any reformatory, is situated, or within one mile of the grounds belonging to the Uni- versity of California, at Berkeley, or within three miles of tlie University Farm at Davis, or within one and one-half miles of the lands occupied by any home, retreat, or asylum for disabled volun- teer soldiers or sailors, established or to be established by this state, or by the United States within this state, or within the State Capitol, or within the limits of the grounds adjacent and belonging thereto, sells, gives away, or exposes for sale, any intoxicating, vinous or alcoholic liquors, is guilty of a misdemeanor." 7. Amended by Stats. 1915, p. 1451, as above. § 172a. Sale of liquors near university. Every person who, upon or within one and one-half miles of the university grounds or campus, upon Avhieh are located the principal administrative offices of any university having an enroll- ment of more than one thousand students, more than five hundred of whom reside or lodge upon such university grounds or campus, sells, gives away, or exposes for sale, any vinous or alcoholic liquors, is guilty of a misdemeanor. Provided, however, that the provisions of this act shall not apply to nor prohibit the sale of any of said liquors by any regularly licensed pharmacist who shall maintain a fixed place of business in said territory, upon the written pre- scription of a physician regularly licensed to practice medi- cine under the laws of the state of California, when such prescription is dated by the physician issuing it, contains the name of the person for whom the prescription is written, and is filled for such person only and within forty-eight hours of its date. Provided further, that the provisions of this act shall not apply to nor prohibit the sale of any of said liquors for chemical or mechanical purposes. Legislation § 172a. Added by Stats. 1809, p. 780. § 173. Importing' foreign ponvicts. Every captain, mas- ter of a vessel, or other person, who willfully imports, brings, or sends, or causes or procures to be brought or sent, into this state, any i^erson who is a foreign convict of any crime which, if committed within this state, would be pun- ishable therein (treason and misprision of treason excepted), or who is delivered or sent to him from any prison or place of confinement in any place without this state, is guilty of a misdemeanor. Legislation § 173. Enacted February 14, 1872; based on Field's Draft, § 214, N. Y. Pen. Code, §§ 153, 440; Sta+s. 1850, p. 202, §§ 1, 2. 83 OFFENSES AGAINST PUBLIC JUSTICE. § 178 § 174. Bringing' Chinese into the state. Every person bringing to or landing within this state any person born either in the empire of China or Japan, or the islands ad- jacent to the empire of China, Avithout first presenting to the commissioner of immigration evidence satisfactory to such connnissioner that such person desires voluntarily to come into this state and is a person of good character, and obtain- ing from such commissioner a permit describing such per- son and authorizing the landing, is punishable by a fine of not less than one nor more than five thousand dollars, or by imprisonment in the county jail not less than two nor more than twelve months. Legislation § 174. Enacted February li, 1872. The code commis- sioners say: "This section embodies the material penal provisions of the act to prevent the kidna^iing and importation of Mongolian females for criminal purposes, and the kindred act of March IS, 1870 (Stats. 1869-70, pp. 330 et seq.). The provisions of this sec- tion are broad enough to include every offense defined in either act." § 175. Separate and distinct prosecution. Every indi- vidual person of the classes referred to in the two preceding sections, brought to or landed within this state contrary to the provisions of such sections, renders the person bringing or landing liable to a separate prosecution and penalty. Legislation § 175. Enacted February 14, 1872. § 176. Omission of duty by public officer. Every Avillful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employ- ment, where no special provision shall have been made for the punishment of such delinquency, is punishable as a mis- demeanor. Legislation § 176. Enacted February 14, 1872; based on Field's Draft, § 215, N. Y. Pen. Code, § 154. § 177. Offenses, when misdemeanors. "When an act or omission is declared by a statute to be a public offense, and no penalty for the offense is prescribed in any statute, the act or omission is punishable as a misdemeanor. [Amend- ment approved 1874; Code Amdts. 1873-74, p. 426.] Legislation § 177. 1. Enacted February 14, 1872 (based on Field's Draft, § 216, N. Y. Pen. Code, § 155), and then read: "Where the performance of any act is prohibited by any statute, and no penalty for the violation of such statute is imposed in any statute, the doing of such act is a misdemeanor." 2. Amended by Code Amdts. 1873-74, p. 426. § 178. Officers of corporations not to employ Chinese. [Repealed 1905; Stats. 1905, p. 652.] § 18Ua , PENAL CODE. 84 Legislation § 178. 1. AdcUd lis Ccxlc Anidts. 1880, p. 1. 2. Kopo.-il hv .Stals. 1901, p. I HI; iinroii^tit iit ioiiiii. Sec iioti". §5, ante. 3. KepouIiMl by Stats. 1905, p. ().")2; llio cmmIo eoiniiiissioiicr saying ill his notes to §§ ITS, 179, "These sections were, in the circuit court of the United States, nintli judicial district, explicitly held to be in violation of the constitution of the United States, on May 22, 1880. (In re Parrott, 5 Pac. Coast L. J. 161.) They are now obso- lete, and are, therefore, repealed. An ordinance in somewhat sim- ilar terms was also held unconstitutional in Ex parte Kerboch, 85 Cal. 274." § 179. Corporations not to employ Chinese. [Repealed 1905; Stats. 1905, p. 652.] Legislation § 179. 1. Added by Code Amdts. 1880, p. 2. 2. J{epeal by Stats. 1901, p. 446; unconstitutional. See note, § 5, ante. 3. Repealed by Stats. 1905, p. 052. See ante, Legislation § 178, for code commissioner's note. § 180. County treasurer shall not receive private moneys on deposit. Any county treasurer who shall accept, or allow, any deposit in the county treasury of moneys from any private and unofficial source, is guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for not less than six months nor more than one year, or by a fine of not less than five hundred dollars and not more than five thousand dollars, or both such fine and imprison- ment, in the discretion of the court, and, in addition thereto, shall forfeit his office. Legislation § 180. Added by Stats. 1897, p. 56. Another section numbered 180 was added by Stats. 1899, p. 4 (the present §§ 171a, 171b, 171c, q. v., ante). See post. Legislation § 180a. § 180a. Bringing" narcotics, intoxicating" liquors, fire- arms, etc., into state prisons. [Repealed 1905; Stats. 1905, p. 652.] Legislation § 180a. 1. Added by Stats. 1899, p. 4, as § 180, and then read: "180. Any person, not authorized by law, who brings into either of the state prisons of the state of California, or any reformatories therein, or within the grounds of such institutions, any opium, morphine, cocaine, or other narcotics, or any intoxicating liquors of any kind whatever, or firearms, weapons, or explosives of any kind, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for a term not less than one nor more than five years, and shall be disqualified from holding any state office or position in the employ of this state." 2. Amended by Stats. 1901, p. 107, (1) renumbering the section ISOa; (2) adding, after "grounds of such institutions," the words "or who brings into or passes into any jail within the state of California." 3. Eepeal by Stats. 1901, p. 446; unconstitutional. See note, § 5, ante. 4. Repealed by Stats. 1905, p. 6o2. See ante, §§ 171a, 171b, 171c, and Legislation §§ 171a, 171b, 171c, 180. 85 CONSPIRACY. § 182 § 181. Infringement of personal liberty or attempt to assume ownership of persons. Penalty. Every person who holds, or attenij)ts to hold, any person in involuntary servitude, or assumes, or attempts to assume, rights of own- ership over any person, or who sells, or attempts to sell, any person to another, or receives money or anything of value, in consideration of placing any person in the custody, or under the power or control of another, or Avho buys, or at- tempts to buy, any person, or pays money, or delivers any- thing of value, to another, in consideration of having any person placed in his custody, or under his power or control, or who knoAvingly aids or assists in any manner any one thus offending, is punishable by imprisonment in the state prison not less than one nor more than ten years. Legislation § 181. Added by Stats. 1901,- p. 330. CHAPTER VIII. Conspiracy. § 182. Criminal conspiracy defined and punishment fixed. § 183. No other conspiracies punishable criminally. § 184. Overt act, when necessary. § 185. Wearing mask or disguise. § 182. Criminal conspiracy defined and punishment fixed. If two or more persons conspire : One. To commit any crime ; Two. Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime ; Three. Falsely to move or maintain any suit, action, or proceeding ; Four. To cheat and defraud any person of any property, by any means which are in themselves criminal, or to obtain money or property by false pretenses ; or. Five. To commit any act injurious to the public health, to public morals, or for the perversion or obstruction of justice, or due administration of the laws ; — They are punishable by imprisonment in the county jail not exceeding one year, or by fine not exceeding one thou- sand dollars, or both. [Amendment approved 1874; Code Amdts. 1873-74, p. 426.] Evidence on trial for conspiracy: See post, § 1104. Legislation § 182. 1. Enacted February 14, 1872; based on Field's Draft, § 224, N. Y. Pen. C(5de, § 1G9; also based on Crimes and Pun- ishment Act, Stats. 1850, p. 242, § 102, which read: "§102. If two or more persons shall conspire eitlier to commit any offense; or falsely and maliciously to indict another for any offeusp; or to pro- § 185 PENAL CODE. 86 cure aiiolluM- to be cliarged or anestcil for any siieli offense; or falsely to move or niaintaiu any suit; or to cheat or defraiul any person of any property by any means which, if executed, would amount to a cheat; or to obtain money or ])roperty by false pre- tenses; or to cheat or defraud any person of any i)roperty by any means which are in themselves criminal; or to commit any act in- jurious to the public health, to pul)lic morals, or to trade or com- merce, or for the perversion or oTistruction of justice or due admin- istration of the laws, they shall, on conviction, be punished by imprisonment in the county jail not more than one year, or by a fine not exceeding one thousand dollars." When enacted in 1872, § 1S2 differed from the amendment of 1873-74 (the present section), iiaving (1) the word "or" at end of subds. 1, 2, and 3; (2) after subd. 3 the section reading, "4. To cheat and defraud any person of any property by any means which are in themselves criminal, or by any means which, if executed, would amount to a cheat, or to obtaining money or property by false pretenses; or, 5. To commit any act injurious to the public health, to public morals, or to trade or commerce, or for the perversion or obstruction of justice or the due administration of the laws; — They are punishable by impris- onment in the county jail not exceeding one j'ear, or by fine not exceeding one thousand dollars." 2. Amended by Code Amdts. 1873-74, p. 426. § 183. No other conspiracies punishable criminally. No conspiracies, other than those enumerated in tlic preceding section, are punishable criminally. Legislation § 183. Enacted February 14, 1872 (N. Y. Pen. Code, §170); based on Crimes and Punishment Act, Stats. 1850, p. 242, § 103. § 184. Overt act, when necessary. No agreement, except to commit a felony upon the person of another, or to commit arson, or burglary, amounts to a conspiracy, unless some act, beside such agreement, be done to effect the object thereof, by one or more of the parties to such agreement. Legislation § 184. Enacted February 14, 1872; based on Field's Draft, § 22(1. N. Y. Pen.- Code, § 171; Crimes and Punishment Act, Stats. 1850, p. 242, § 104. § 185. Wearing" mask or disguise. It shall be unlawful for any person to wear any mask, false whiskers, or any personal disguise (whether complete or partial) for the pur- pose of: One. Evading or escaping discovery, recognition, or identification in the commission of any public offense. Two. Concealment, flight, or escape, when charged with, arrested for, or convicted of, any public offense. Any per- son violating any of the provisions of this section shall be deemed guilty of a misdemeanor. Legislation § 185. Added by Code Amdts. 1873-74, p. 42G. 87 HOMICIDE. § 187 TITLE VIII. Crimes against the Person. Chapter I. Homicide. §§ 187-199. II. Mayiiem. §§ 203, 204. in. Kidnaping. §§ 207-209. IV. Robbery. §§ 211-214. V. Attempts to Kill. §§ 216-219. VI. Assaults With Intent to Commit Felony, Other Than Assaults With Intent to Murder. §§ 220-222, VII. Duels and Challenges. §§ 225-232. VIII. False Imprisonment. §§ 236, 237. IX. Assault and Battery. §§ 240-246. X. Libel. §§ 248-259. CHAPTER I. Homicide. § 187. Murder defined. § 188. Malice defined. § 189. Degrees of murder. § 190. Punishment of murder. § 191. Petit treason abolished. § 192. Manslaughter defined. Voluntary and iuvoluntary man- slaughter. § 193. Punishment of manslaughter. § 194. Deceased must die within a year and a day. § 195. Excusable homicide. § 196. Justifiable homicide by iJublie officers. § 197. Justifiable homicide by other persons. § 198. Bare fear not to justify killing. § 199. Justifiable and excusable homicide not punishable. Code commissioners' note to Chapter I. "Sections 32 and 41 of the Crimes and Punishment Act of 1850 properly belong in the Criminal Practice Act, and the commission have so placed them." § 187. Murder defined. Murder is the unlaAvfiil killing of a human being, with malice aforethought. Degrees of murder: Post, § 189. Legislation § 187. Enacted February 14, 1872. The code com- missioners say: "The original section [of the Crimes and Punishment Act]' reads as follows: 'Murder is the unlawful killing of a humau being, with malice aforethought, [[either express or implied. The unlawful killing may be effected by any of the various means by which death may be occasioned.']]' [The code commissioners, in their note, italicized the words inclosed in double brackets.]- (Stats. 1850, p. 231, § 19.) 'Express or implied' — these w-ords are omitted, for they are included within the term 'malice,' and by the next section it is declared that malice, which is the ingredient of murder, may be expressed or implied. The sentence italicized is omitted, because it is surplusage. Every unlawful killing with malice afore- thought being murder, it follows that any such killing effected by any means is murder." § 191 PENAL CODE. 88 §188. Malice defined. Such malico may ])C express or ini})lie(l. It is express wlieii there is manifested a delihei-ate juteiitioii uiihiwfully to take away the lii'c of a feUow- creature. it is implied, Avheii iio eonsidera])le provocation appears, or Avhen the circumstances attending the killing shoAv an abandoned and malignant heart. Malice, express or implied: See ante, § 7, subd. 4. Legislation § 188. Enacted February 14, 1872; based on Crimes and I'linishment Act, Stats. 1850, p. 231, § 20, and part of §21 of the same act as amended by Stats. 1856, p. 219. §189. Degrees of murder. All murder wliich is per- petrated by means of poison, or lying in wait, tortu)*e, or l)y any other kind of willfid, deliberate^ and premeditated kill- ing, or which is committed in the perpetration or attempt to perpetrate arson, rape, robbery, burglary, or mayhem, is murder of the first degree ; and all other kinds of murders are of the second degree. [Amendment approved 1874 ; Code Amdts. 1873-74, p. 427.] Indictment: See post, § 959. Burden of proving justification or excuse: See post, § 1105. Legislation § 189. 1. Enacted February 14, 1872 (based on Crimes and Punishment Act, Stats. 1850, p. 231, § 21, as amended by Stats. 1856, p. 219), and then read as at present, down to the word "rob- bery," thereafter proceeding, "or burglary, is murder of the first degree; and all other kinds of murder are of the second degree." 2. Amended by Code Amdts. 1873-74, p. 427. § 190. Punishment of murder. Every person guilty of murder in the first degree shall suffer death, or confinement in the state prison for life, at the discretion of the jury trying the same ; or, upon a plea of guilty, the court shall determine the same ; and every person guilty of murder in the second degree is punishable by imprisonment in the state prison not less than ten years. [Amendment approved 1874; Code Amdts. 1873-74" p. 457.] Death penalty, how executed. Whenever, in a proper case, the judgment of the court directs the death of the defendant, the pun- ishment in this state is inflicted, "by hanging the defendant by the neck until he is dead": Post, §§ 1228, 1229. Imprisonment for life: See post, § 671. Legislation § 190. 1. Enacted February 14, 1872 (based on Crimes and Punishment Act, Stats. 1850, p. 231, § 21), and then read: "Every person guilty of murder in the first degree shall suffer death, and every person guilty of murder in the second degree is punish- able by imprisonment in the state prison not less than ten years." 2. Amended by Code Amdts. 1873-74, p. 457. § 191. Petit treason abolished. The rules of the conniion law distinguisiiing the killing of a iiuister l)y his servant, and of a hus])and by his wife, as petit treason, are abolished, and 89 HOMICIDE. § 195 these offenses are lioiuicides, })uiiislia1)le in the maiiiirr i)re- scribed by this chapter. Legislation § 191. 1. Enhctod I'Vbniarv 14, 1872; based on Fieltl's Draft, § 239, N. Y. Pen. Code, § 182; also" based on Crimes and Pun- ishment Act, Stats. 1850, p. 233, § 39, which read: "§39. The dis- tinction between petit treason and murder is abolished. Any per- son who might have been indicted for petit treason, shall hereafter be indicted for murder, and, if convicted, punished accordingly." 2. Eepeal by Stats. 1901, p. 44fi; unconstitutional. See note, § 5, ante. § 192. Manslaughter defined. Voluntary and involun- tary manslaughter. Manslaughter is the unlawful killing of a human being, without malice. It is of two kinds : 1. Voluntary — upon a sudden quarrel or heat of passion. 2. Involuntary — in the commission of an unlawful act, not amounting to felony ; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. Legislation § 192. Enacted February 14, 1872. The code commis- sioners say: "This section embodies the material portions of §§ 22, 23, 24, and 25 of the Crimes and Punishment Act of 1850. (Stats. 1850, p. 229.)" § 193. Punishment of manslaughter. Manslaughter is punishable by imprisonment in the state prison not exceed- ing ten years. Legislation § 193. Enacted Februarv 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p.'231, §2G, which read: "§26. Every person convicted of the crime of manslaughter shall be pun- ished by imprisonment in the state prison for a term not exceeding three years, and fined not exceeding five thousand dollars." § 194. Deceased must die within a year and a day. To make the killing either murder or manslaughter, it is requi- site that the party die within a year and a day after the stroke received or the cause of death administered; in the computation of which the whole of the day on which the act was done shall be reckoned the first. Legislation § 194. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 232, § 27, which had the words "In order"' before "to make the killing," at beginning of section. § 195. Excusable homicide. Homicide is excusable in the following cases: 1. When committed by accident and misfortune, in law- fully correcting a child or servant, or in doing any other lawful act by lawful means, with usual and ordinary cau- tion, and without any unlawful intent. 2. When committed by accident and misfortune, in the heat of passion, upon any sudden and sufficient provocation. § 107 PENAL CODE. 90 oi" upon ;i sikMcii coinhnt , Avlicn lU) undue advantage is taken, nor any dangerous Aveapon used, and Avhen the kill- ing is not done in a e?-uel or unusual manner. Burden of proving homicide excusable: Post, § 1105. Legislation § 195. 1. Enactod Fobrunry 14. 1872 (N. Y. Pen. Code, § 203). 8ec post, Legislation § 197, for code fonimissioners' note. 2. Amendment by Stats. 1901, p. 446; iineonstitntional. See note § 5, ante. §196. Justifiable homicide by public officers. TTomieide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either — • 1. In obedience to any judgment of a competent court ; or, 2. When necessarily committed in overcoming actual re- sistance to the execution of some legal process, or in the discharge of any other legal duty; or, 3. When necessarily committed in retaking felons who have been rescued or have escaped, or when necessarily com- mitted in arresting persons charged with felony, and who are fleeing from justice or resisting such arrest. As to escapes, see ante. § 105. Burden of proving homicide justifiable: Post, § 1105. Legislation § 196. Enacted February 14, 1872; based on Field's Draft, § 261, N. Y. Pen. Code, § 204. See post, Legislation § 197, for code commissioners' note. § 197. Justifiable homicide by other persons. Homicide is also justifiable when committed by any person in either of the following cases : 1. When resisting any attempt to murder any person, or to commit a felony, or to do some great bodilj^ injury upon any person ; or, 2. When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein ; or, 3. When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished ; but such person, or the person in whose be- half the defense was made, if he was the assailant or en- gaged in mortal combat, must really and in good faith have 91 HOMICIDE. § 199 endeavored to decline any further struggle before the homi- cide was committed ; or, 4. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in law- fully keeping and preserving the peace. Burden of proving homicide justifiable: See post, § 1105. Defense of habitation: See post, § 198. Lawful resistance, by whom and when may be made: See post, §§ 692-694. Duty to assist in arrest of felon: See post, § 839. Legislation § 197. Enacted February 14, 1872; based on Field's Draft, § 262, N. Y. Pen. Code, § 205. The code commissioners say: ''The three preceding sections are based upon §§ 29, 31, 32. 33, 34, and 35 of the Crimes and Punishment Act of 1850. (Stats. 1S50, p. 229.) The commission have modified the language, making it accord, in many respects, with that of the New York Penal Code, [Fiehl's Draft,]. §§ 260, 261, and 262. The legal effect, however, has not been changed. They have also kept in view, for the purposes of classification, the common-law distinction between justifiable and excusable homicide." § 198. Bare fear not to justify killing. A bare fear of the commission of any of the offenses mentioned in snb- divisions two and three of the preceding section, to prevent which homicide may be lawfully committed, is not sufficient to justify it. But the circumstances must be sutBcient to excite the fears of a reasonable person, and the party killing must have acted under the influence of such fears alone. Legislation § 198. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 232, § 30, which read: "§ 30. A bare fear of any of these offenses, to prevent which the homicide is alleged to have been committed, shall not be sufficient to justify the killing. It must appear that the circumstances were sufficient to excite the fears of a reasonable person, and that the party kill- ing really acted under the influence of those fears, and not in a spirit of revenge." § 199. Justifiable and excusable homicide not punishable. The homicide appearing to be justifiable or excusable, the person indicted must, upon his trial, be fully acquitted and discharged. Iiegislation § 199. Enacted February 14, 1872, reading the same as the Crimes and Punishment Act. Stats. 1850, p. 232, ? 36, except that it has the word "must" instead of "shall." § 207 PENAL CODE. 92 CliAPTEli J I. Mayhem. § 203. MayluMu definod. § 204. Mayhem, liow punishable. §203. Mayhem defined. Every person who unlawfully and nialieionsly deprives a human beinjj: of a member of his body, or disables, disfigures, or renders it useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear, or lip, is guilty of mayhem. [Amendment approved 1874; Code Amdts. 1873-74, p. 427.] Legislation § 203. 1. Enacted February 14, 1872; based on Field's Draft, § 2()3, N. Y. Pen. Code, § 206; also based on Crimes and Pun- ishment Act, § 46, as amended by Stats. 1856, p. 219, § 4, which read: "§ 46. Mayhem consists in unlawfully depriving a human being of a member of his or her body, or disfiguring or rendering it useless. If any person shall cut out or disable the tongue, put out an eye, slit the nose, ear or lip, or disable any limb or member of another, or shall voluntarily or of purpose put out an eye or eyes, every such person shall be guilty of mayhem. The crime of mayhem shall be punishable by imprisonment in the state prison for a term not to exceed fourteen years." The code commissioners say: "The commission have modified the language of the act of 1856 (Stats. 1856, p. 219), defining mayhem, but the section has not been changed in substance." 2. Amended by Code Amdts. 1873-74, p. 427. § 204. Mayhem, how punishable. Mayhem is punishable by imprisonment in the state prison not exceeding fourteen years. Legislation § 204. Enacted February 14, 1872; based on Crimes and Punishment Act, § 46, as amended by Stats. 1856, p. 219, § 4, q. v., ante. Legislation, § 203. CHAPTER III. Kidnaping. § 207. Kidnaping defined. § 208. Punishment of kidnaping. §209. Penalty for kidnaping for purposes of extortion or robbery. § 207. Kidnaping defined. Every person who forcibly steals, takes, or arrests any person in this state, and carries him into another country, state, or county, or into another part of the same county, or wdio forcibly takes or arrests any person, with a design to take him out of this state, with- out having established a claim, according to the laws of the United States, or of this state, or who hires, persuades, en- tices, decoys, or seduces by false promises, misrepresenta- tions, or the like, any person to go out of this state, or to be taken or removed therefrom, for the purpose and with the 93 KIDNAPING. § 208 intent to sell such person into slavery or involuntary servi- tude, or otherAvise to employ him for his own use, or to the use of another, without the free-will and consent of such persuaded person ; and every person Mdio, being out of this state, abducts or takes by force or fraud any person con- trary to the law of the place where such act is committed, and brings, sends, or conveys such person within the limits of this state, and is afterwards found within the limits thereof, is guilty of kidnaping. [Amendment approved 1905; Stats. 1905, p. 653.] Kidnaping for purpose of slavery: See post, § 784. Legislation § 207. 1. Euacted February 14, 1872 (N. Y. Pen. Co.le, §211); based on Crimes and Punishment Act, Stats. 1850, p. 234, §§ 53, 54, 55, which read: "§ 53. Kidnaping is' the forcible abduc- tion or stealing away of a man, woman, or child, from his or her own countr_y, and sending or taking him or her unto another. § 54. Every person who shall forcibly steal, take, or arrest, any man, woman, or child, whether white, black, or colored, or any Indi.an in this state, and carry him or her into another county, state, or territory, or who shall forcibly take or arrest any person or persons whatsoever with a design to take him or her out of this state, without having established a claim according to the laws of the United States, shall, upon conviction, be deemed guilty of kidnap- ing, and be punished by imprisonment in the state prison for any term not less than one nor more than ten years for each person kidnaped or attempted to be kidnaped. § 55. Every person who shall hire, persuade, entice, deco}', or seduce by false promises, mis- representations, and the like, any negro, mulatto, or colored person, to go out of this state, or to be taken or removed therefrom, for the purpose and with the intent to sell such negro, mulatto, or colored person into slavery or involuntarj^ servitude, or otherwise to employ him or her for his or her own use, or to the use of another without the free will and consent of such negro, mulatto, or colored person, shall be deemed to have committed the crime of kidnaping, and upon conviction thereof shall be punished as in the next pre- ceding section specified." 2. Amendment by Stats. 1901, p. 447; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 653, (1) adding "or into another part of the same county," and (2) at end of section, before the words "is guilty of kidnaping," adding the words beginning "and every person"; the code commissioner saying of the additions, "The ad- visability of the first change is shown by the decision of the suprem^ court in Ex parte Keil, 85 Cal. 309, where it was held that the forcible removal of a person from San Pedro, Los Angeles County, to Santa Catalina Island, in the same county, did not constitute kidnaping." § 208. Punishment of kidnaping. Kidnaping is punish- able by imprisonment in the state prison not less than one nor more than ten years. Legislation § 208. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 234, § 54, q. v., ante. Legislation §207. § 213 PENAL CODE. 94 § 209. Penalty for kidnaping- for purposes of extortion or robbery. Every pei-son who maliciously, forciblj^ or fraud- ulent 1\- lakes or entices away any person with intent to restrain such person and thereby to commit extortion or robbery, or exact from the relatives or friends oi' such person any money or valual)le thin2:. is guilty of a felony, and shall be punished therefor by imprisonment in the state's prison for life, or any number of years not less than ten. Legislation § 209. Added by Stats. 1901, p. 98. CHAPTER IV. Robbery. § 211. Robbery defined. § 212. What fear may be an element in robbery. § 213. Punishment of robbery. § 214. Robbery; going upon railroad trains, or doing any act thereon, for the purpose of. §211. Robbery defined. Roblery is the felonious taking of personal property in tlie possession of another, from his person or immediate presence, and against his will, accom- plished by means of force or fear. Legislation § 211. Enacted February 14, 1872; based on Field's Draft, § 280, N. Y. Pen. Code, § 224; also based on Crimes and Pun- ishment Act, § 59, as amended by Stats. 1856, p. 220, § 6, which read: "§ 59. Robbery is the felonious and violent taking of money, goods or other valuable thing from the person of another by force or intimidation. Every person guilty of robbery shall be punished by imprisonment in the state prison for a term not less than one year, and which may extend to life." § 212. What fear may be an element in robbery. The fear mentioned in the last section may be either : One. The fear of an unlawful injury to the person or prop- erty of the person robbed, or of any relative of his or mem- ber of his family ; or; Two. The fear of an immediate and unlawful injury to the person or property of any one in the company of the person robbed at the time of the robbery. [Amendment ap- *proved 1874; Code Amdts. 1873^74, p. 427.] Legislation § 212. 1. Enacted February 14, 1872 (identical with Field's Draft, § 28.S, N. Y. Pen. Code, § 225), the introductory para- graph and subd. 1 then reading, "The fear which constitutes rob- bery may be either — 1. The fear of an unlawful injur}', immediate or future, to the person or property of the person robbed, or of anjr relative of his, or member of his family; or," subd. 2 reading as at present. 2. Amended by Code Amdts. 1873-74, p. 427. § 213. Punishment of robbery. Robbery is punishable by imprisonment in the state prison not less than one year. •95 ROBBERY. § 214 Legislation § 213. Enacted February 14, 1872; based on Crimes and Punishment Act, § 59. as amended by Stats. 1856, p. 220, § 6, q. v., ante, Legislation § 211. § 214. Robbery ; going upon railroad trains, or doing any act thereon, for the purpose of. Every person who goes upon or boards any railroad train, ear or engine, with the intention of robbing any passenger or other person on such train, car or engine, of any personal property thereon in the possession or care or under the control of any such passen- ger or other person, or who interferes in any manner with any switch, rail, sleeper, viaduct, culvert, embankment, structure or appliance pertaining to or connected with any railroad, or places any dynamite or other explosive sub- stance or material upon or near the track of any railroad, or who sets fire to any railroad bridge or trestle, or who shows, masks, extinguishes or alters any light or other signal, or exhibits or compels any other person to exhibit any false light or signal, or who stops any such train, car or engine, or slackens the speed thereof, or who compels or attempts to compel any person in charge or control thereof to stop any such train, car or engine, or slacken the speed thereof, with the intention of robbing any passenger or other person on such train, car or engine, of any personal property thereon in the possession or charge or under the control of any such passenger or other person, is guilty of a felony. Legislation § 214. 1. Addition by Stats. 1901, p. 447; unconstitu- tional. See note, § 5, ante. 2. Added by Stats. 1905, p. 653; the code commissioner saying in his note to §§ 214, 218, 219, "§ 218 has been broken up into three sections. In view of the criticism passed by the supreme court in the case of People v. Thompson, 111 Cal. 242, upon § 218, and the suggestion of that court that the section be revised, there have been taken out of that section the provisions regarding robbery and the same have been amplified and made a new section, num- bered 214, to be placed in Chapter IV, of Title VII, of Part I. In the new section the punishment is not prescribed as death or imprisonment for life at the 'option of the jury, as in § 218; but the grade of the offense is fixed at felony simply, it having been found that the severity of the punishment results in failure to secure con- victions. § 218 as amended provides only for attempted wrecking or derailment of railroad trains, and fixes the grade of the offense as felony simply, the matters formerly in the section regarding an accomplished or consummated wrecking or derailment being left to § 219, and the provisions regarding robbery being provided for in § 214. § 219 contains the matter now in § 218 regarding an ac- complished or consummated wrecking or derailment. The punish- ment is left at death or imprisonment for life, at the option of the jury, as now provided in § 218. In short, these three sections split up § 2l8 in the manner suggested by Judge Garoutte in People v. Thompson, 111 Cal. 242, and modify the penalty of train-wrecking where no death has occurred, so as to preclude failures to convict on account of the severity of the penalty." §217 PENAL CODE. 96 ClIAPTEli V. Attempts to Kill. § 216. Administering jioisou. §217. Assault with intent to eomniit murder. § 218. Train-wrecking, intention of, punishment for. § 219. Railroad trains, when wrecked; punishment. § 216. Administering poison. Every person who, with in- tent to kill, adiuinister.s, or causes or procures to be admin- istered, to another, any poison or other noxious or destruct- ive substance or li(iuid, but by which death is not caused, is punishable by iini)risonment in the state prison not less than ten years. Administering stupefying drugs: Post, § 222. Legislation § 216. Enacted February 14, 1872; based on Crimes and Punishment Act, § 45, as amended by Stats. 1861, p. 588, § 1, which read: '"§ 45. Every person who shall willfully and maliciously administer, or cause to be administered, to, or taken by, any person, any poison, or other noxious, or destructive, substance, or liquid, with the intention to cause the death of such person, and being thereof duly convicted, shall be punished by imprisonment in the state prison, for a term not less than ten years, and which may be extended to life; and every person who shall administer, or ■cause to be administered, or taken, or shall take, any medicinal substances, or shall use, or cause to be used, any instruments what- ever, wath the intention to procure abortion, or miscarriage, of any woman then being with child, and any woman who shall knowingly cause to be used upon herself, or consent to the use of such instru- ments upon herself, with the intent to produce abortion, or mis- carriage, when with child, and shall be thereof duly convicted, shall be punished by imprisonment in the state prison, for a term not less than two j^ears, nor more than five years; provided, that no physician shall be affected by the last clause of this section, who, in the discharge of his professional duties, deems it necessary to produce abortion, or miscarriage, of any woman in order to save her life, nor shall any woman be affected by said last clause, when her physician deems it necessary to have said abortion, or miscarriage, produced, in order to save her life, nor shall such physician, or sur- geon, be arrested, indicted, or put on trial, or convicted, by the testimony of such woman alone." § 217. Assault with intent to commit murder. Every per- son who assaults another Avith intent to commit murder, is punishable by imprisonment in the state prison not less than one nor more than fourteen years. Assault with intent to commit other felonies: Post, § 221. Assault with deadly weapon: I'ost, § 245. Legislation § 217. Enacted February 14, 1872; based on Crimes and Punishment Act, § 50, as amended by Stats. 1855, p. 106, § 2, which read: "§50. An assault with an intent to commit murder, rape, the infamous crime against nature, mayhem, robbery, or grand larceny, shall subject the offender to imprisonment in the state prison for a term not less than one year, nor more than fourteen 97 ATTEMPTS TO KILL. § 219 years. An assault with a deadly weapon, instnimeot, or other thing, with an intent to inflict upon the person of another, a bodily injury, where no considerable provocation appears, or where the circumstances of the assault show an abandoned and malignant heart, shall subject the offender to imprisonment in the state prison, not exceeding two years, or to a fine not exceeding five thousand dollars, or to both such fine and imprisonment." § 218. Train-wrecking-, intention of, punishment for. Every person -who nnlawfully throws out a switch, removes a rail, or places any obstruction on any railroad with the in- tention of derailing any passenger, freight or other train, car or engine, or who unlawfully places any dynamite or other explosive material or any other obstruction upon or near the track of any railroad with the intention of blowing up or derailing any such train, car or engine, or who unlaw- fully sets lire to any railroad bridge or trestle, over which any such train, car or engine must pass, with the intention of wrecking such train, ear or engine, is guilty of a felony. [Amendment approved 1905; Stats. 1905, p. 654.] Placing obstructions on track: See post, § 587. Legislation § 218. 1. Added by Stats. 1891, p. 283, and then read: "Every person who shall unlawfully throw out a switch, remove a rail, or place any obstruction on any railroad in the state of California, with the intention of derailing any passenger, freight, or other train, or who shall unlawfully board any passenger train with the intention of robbing the same, or who shall unlawfully place any dynamite or other explosive material, or any other obstruc- tion, on the track of any railroad in the state of California, with the intention of blowing up or derailing any passenger, freight, or other train, or who shall unlawfully set fire to any railroad bridge or trestle, over which any passenger, freight, or other train must pass, with the intent of wrecking said train, upon conviction shall be adjudged guilty of felony, and shall be punished with death or imprisonment in the state prison for life, at the option of the jury trying the case." , 2. Amendment by Stats. 1901, p. 417; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 654. §219. Railroad trains, when wrecked; punishment. Every person who unlawfully throws out a switch, removes a rail, or places any obstruction on any railroad with the intention of derailing any passenger, freight or other train, car or engine and thus derails the same, or who unlawfully places any dynamite or other explosive material or any other obstruction upon or near the track of any railroad with the intention of blowing up or derailing any such train, car or engine and thus blows up or derails the same, or who un- lawfully sets fire to any railroad bridge or trestle over which any such train, car or engine must pass with the intention Pen. Code- — 7 § 222 PENAL CODL]. 98 ol" "wi-eckiiiii' siK'li Iraiii, cai- oi- cii^iiie, and thus wreoks the same, is siiilty of a i'clony ami punisliablfT with death or im- prisonment in the state prison for life at the option of the jury trying' the ease. Legislation § 219, Added by Stats. 1905, p. 655. CTT AFTER VF. Assaults with Intent to Commit Felony, Other than Assaults with Intent to Murder. § 220. Assault with intent to commit rape. § 221. Other assaults. § 222. Administering st'inefyiiig drugs. § 220. Assault with intent to commit rape. Every person who assaults another with intent to commit rape, the in- famous crime against nature, mayhem, robbery, or grand larceny, is punishable by imprisonment in the state prison not less than one nor more than fourteen years. Bape: See post, § 261. Legislation § 220. Enacted February 14, 1872; based on Crimes and Punishment Act, § 50. as amended by Stats. 1855, p. 106, § 2, q. v., ante, Legislation § 217. § 221. Other assaults. Every person who is guilty of an assault, with intent to commit any felony, except an assault with intent to commit murder, the punishment for which assault is not prescribed by the preceding section, is punish- able by imprisonment in the state prison not exceeding five years, or in a county jail not exceeding one year, or by fine not exceeding five hundred dollars, or by both. Assault generally: Post, § 240. Assault to murder: Ante, § 217. Assault to commit rape: Ante, § 220. Assault with deadly weapon: Post, § 245. Legislation § 221. Enacted February 14, 1872; based on Field's Draft, § 291, N. Y. Pen. Code, § 218. § 222. Administering stupefying drugs. Every person guilty of administering to another any chloroform, ether, laudanum, or other narcotic, anesthetic, or intoxicating agent, with intent thereby to enable or assist himself or any other person to commit a felony, is guilty of felony. Administering poison; ante, § 216. Legislation § 222. Enacted February 14, 1872; based on Consol. Stats, of Canada, 1S59, p. 955, § 13. 90 DUELS AND CllALLKNGES. § 227 CHAPTER YII. Duels and Challenges. § 225. Duel defined. § 226. Punishment for fighting a duel, when death ensues. § 227. Punishment for fighting a duel, although death does not ensue. § 228. Persons fighting duels, etc., disqualified from holding office, etc. S 229. Posting for not figliting. § 230. Duties of officers to prevent duels. § 231. Leaving the state with intent to evade laws against dueling. § 232. Witness's privilege. Code commissioners' note to Chapter VII. "The sections relating to duels are founded upon the provisions of an act of 1855 (Stats. 1855, p. 152, § 1) and of §§ 43 and 44 of the Crimes and Punishment Act of 1850, p. 233. and §§ 293, 294, 300, 301, and 303 of the New York Penal Code [Field's Draft]. No provision has ever been made for carrying into effect the constitutional provisions on the subject, and although' fighting by previous appointment, without the use of deadly weapons, was 'by the act of 1S50 (Stats. 1850, p. 229), made a felony, yet there was no punishment affixed to the offense of dueling, unless death ensued. The commission have supplied these omissions. Sections two and three of the act of 1855, giving remedies by action for injuries, etc., arising from dueling, are in- serted in the Civil Code." § 225. Duel defined. A duel is any combat with deadly weapons, foiiuht between two or more persons, by previous agreement or upon a previous quarrel. Legislation § 225. Enacted February 14, 1872. See ante, Code commissioners' note to Chapter VII. § 226. Punishment for fighting a duel, when death ensues. Every person guilty of fighting any duel, from which death ensues within a year and a day, is punishable b}^ imprison- ment in the state prison not less than one nor more than seven years. Legislation § 226. Enacted February 14, 1872. See ante, Code commissioners' note to Chapter VII. §227. Punishment for fighting a duel, although death does not ensue. Every person who fights a duel, or who sends or accepts a challenge to fight a duel, is punishable by imprisonment in the state prison or in the county jail not exceeding one year. [Amendment approved 1874; Code Amdts. 1873-74, p. 428.] Legislation § 227. 1. Enacted February 14, 1872 (see ante, Code commissioners' note to Chapter VII), and then read: "Every person guilty of fighting any duel, although no death or wound ensues, is punishable by imprisonment in the state prison not exceeding one year." 2. Amended by Code Amdts. 1873-74, p. 428. 3. Amendment by Stats. 1901, p. 448; unconstitutional. See note, § 5, ante. § 230 PENAL CODE. 100 § 228. Persons fighting duels, etc., disqualified from hold- ing office, etc. Any citizen oL" this state who shall ti^ht a (liu'l \vith deadly Aveapoiis. or send or accept a challenjie to fiiiht a duel with deadly weapons, either within this state or out of it, or who shall act as second, or knowingly aid or assist in any manner those thus offending, shall not be allowed to hold any office of profit, or to enjoy the right of suffrage, and shall be declared so disqualified in the judg- ment, upon conviction. [Amendnunit api)roved 1880 ; Code Amdts. 1880, p. 8.] Disqualifications: See Const., art. xx, § 2. Remedies by action for injuries arising from dueling: See Civ. Code, §§ j.'UT, 3348. Legislation § 228. 1. Enacted February 14, 1872 (based on Const. 1849, art. xi, § 2; see ante. Code commissioners' note to Chapter VII), and then read: "Every person guilty of fighting a duel, or who sends or accepts a challenge to fight a duel, or who acts as a second therein, is forever disqualified from holding any office, or from exercising the elective franchise in this state." 2. Amended by Code Amdts. 1873-74, p. 428, to read: "Every person who fights a duel, or who sends or accepts a challenge to fight a duel, shall, in addition to the punishment prescribed in the last section, be forever disqualified from holding any office, or from exercising the elective franchise in this state, and shall be declared so disqualified in the judgment upon conviction." 3. Amended by Code Amdts. 1880, p. S. § 229. Posting for not fighting. Every person who posts or publishes another for not fighting a duel, or for not send- ing or accepting a challenge to fight a duel, or who uses any reproachful or contemptuous language, verbal, written, or printed, to or concerning another, for not sending or accept- ing a challenge to fight a duel, or with intent to provoke a duel, is guilty of a misdemeanor. Legislation § 229. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 233, § 43 (see ante. Code com- missioners' note to Chapter VII), which read: "§43. If any per- son shall post another, or in writing or print shall use any reproach- ful or contemptuous language to or concerning another for not fighting a duel, or foi not sending or accepting a challenge, he shall be imprisoned in the county jail for a term not exceeding six months, and fined in any sum not exceeding one thousand dollars." § 230. Duties of officers to prevent duels. Every ju(5^e, justice of the peace, sheriff', or other officer bound to preserve the public peace, who has knowdedge of the intention on the part of any persons to fight a duel, and who does not exert his official authority to arrest the party and prevent the duel, is punishable by fine not exceeding one thousand dollars. Legislation § 230. Enacted February 14, 1872. See ante, Code commissioners' note to Chapter VII. 101 FALSE IMPRISONMENT. § 237 § 231. Leaving" the state with intent to evade laws against dueling. Every person who leaves this state with intent to evade any of the provisions of this chapter, and to commit any act ont of tliis state such as is proliibited by this chap- ter, and who does any act, although out of this state, which would be punishable by such provisions if committed within this state, is punishable in the same manner as he would have been in case such act had been committed within this state. Leaving state to evade statute against dueling: See post, § 780. Legislation § 231. Enacted February 14, 1872. See ante, Code commissioners' note to Chapter VII. § 232, Witness's privilege. No person shall be excused from testifying: or answering any question upon any investi- gation or trial for a violation of either of the provisions of this chapter, upon the ground that his testimony might tend to convict him of a crime. But ]io evidence given upon any examination of a person so testifying shall be received against him in any criminal prosecution or proceeding. Legislation § 232. Enacted February 14, 1872. See ante, Code commissioners' note to Chapter VIT. CHAPTER VIII. False Imprisonment. § 236. False imprisonment defined. § 237. False imprisonment, how punished. § 236. False imprisonment defined. False imprisonment is the unlawful violation of the personal liberty of another. Reconfining person discharged on habeas corpus: Post, § 363. Legislation § 236. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 234, § 52 (first clause), q. v., post. Legislation § 237, § 237. False imprisonment, how punished. False im- prisonment is punishable by fine not exceeding five hun- dred dollars, or by imprisonment in the county jail not more than one year, or by both. If such false imprisonment be effected by violence, menace, fraud, or deceit, it shall be punishable by imprisonment in the state prison for not less than one nor more than ten years. [Amendment approved 1901 ; Stats. 1901, p. 53.] Legislation § 237. 1. Enf\cted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 234, § 52, which read: "§52. False imprisonment is an unlawful violation of the personal liberty of another, and consists in confinement or detention without suffi- cient legal authority. Any person convicted of false imprisonment § 242 PENAL CODE. 102 shall ])ay all damages sustainod by the person so imprisoned, and be fined in any sum not rxcceding five thousand dollars, or impris- oneil in the county jail for a term not exceeding one year." Wlien enacted in 1872, § 237 contained only the first sentence of the pres- ent amendment; and then (1) had tlic words "five thousand dollars" instead of "five hundreislati\'e, or otlior pul)lie official pro- ceedings, or of any statement, speech, argument, or debate in the course of the same, exeep^t upon proof of malice in making such report, which shall not be implied from the mere fact of publication. Legislation § 254. Enactoil Fcbruiuv 14, 1872. (X. Y. Pen. Code, §247.) § 255. Extent of privilege. liibelous remarks or com- ments connected with matter privileged by the last section receive no i)rivilege by reason of their being so connected. Legislation § 255. Enacted February 14, 1872. § 256. Other privileged communications. A communi- cation made to a person interested in the communication, by one who was also interested or who stood in such relation to the former as to afford a reasonable ground for suppos- ing his motive innocent, is not presumed to be malicious, and is a privileged communication. Legislation § 256. Enacted February 14, 1872. (N. Y. Pen. Code, § 253.) § 257. Threatening to publish libel. Offer to prevent publication, v^^ith intent to extort money. Every person who threatens another to pul)lish a libel concerning him. or any parent, husband, wife, or child of such person, or member of his family, and every person wdio offers to pre- vent the publication of any libel upon another person, with intent to extort any money or other valuable considera- tion from any person, is guilty of a misdemeanor. Legislation § 257. Enacted February 14, 1872. (N. Y. Pen. Code, § 254.) The code commissioners say: "The commissioners have in- troduced several sections taken from the New York Penal Code [Field's Draft], (sections 311, 313, 314, 315. 316, 317, and 318), the justice of which will be obvious to all. Publishers of newspapers are often called upon to determine, at a few moments' notice, whether an article is privileged or not. It is but a matter of simple justice, alike to them and to the citizen, that the leading rules of the law governing libelous publications should be embodied in a statute to which ready reference may be had." § 258. Publishing of caricatures and cartoons unlawful. [Repealed 1915; Stats. 1915, p. 761.] Legislation § 258. 1. Added bv Stats. 1899, p. 28. 2. Repealed 1915, p. 761. § 259. Newspaper articles of personal character must be signed. Penalty for violation. Name of author of book or news agency sufficient. Every article, statement, or edi- torial, contained in any newspaper or other printed publica- 107 LIBEL. § 259 tion, printed or published in tliis state, which by writing or printing tends to blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue or reputation, or publish the natural or alleged defects of one who is alive, and thereby expose him or her to public hatred, contempt or ridicule, must be supplemented by the true name of the writer of such article, statement, or editorial, signed or printed at the end thereof. Any owner, proprietor or pub- lisher of any newspaper or other printed pul)lication, printed or published in this state, who shall publish any such article, statement, or editorial in any printed publi- cation, printed or published in this state, which is not so supplemented by the true name of the writer thereof, signed or printed at the end thereof as required by this section, shall forfeit the sum of one thousand dollars for each and every article, statement, or editorial so published in viola- tion of the requirements of this section, wdiich said sum so forfeited may be sued for and recovered against any such owner, publisher, or proprietor so violating this section, in a civil action by and in the name of any person wdio may bring action therefor, one half of the recovery to be paid into the treasury of this state by the plaintiff and the other half to be retained by the plaintiff in such action. If, in any such action, it shall appear by affidavit to the satisfac- tion of the court where such action is commenced that a defendant has made a publication in violation of this sec- tion within this state, and that after due diligence such defendant cannot be found within this state, or is a foreign corporation, the court must direct an attachment in such action to issue against the property of such defendant, and thereupon such attachment shall issue and be executed as in other cases where by law an attachment is provided for. Where the work of any author is contained in a book or pamphlet it shall be sufficient that the name of the author be printed upon the cover or upon a leaf therein, and where any publisher in the regular course of business publishes as news, telegraphic dispatches not furnished or forwarded by its or his own correspondent or correspondents, but fur- nished and forwarded by telegraph as news by a telegraphic news agency, established and engaged in forwarding tele- graphic news to various different publishers as a business, and having an established business name as such a news agency, it shall be sufficient as to such dispatches, that the said business name of such telegraphic news agency be printed in connection with such dispatches as the forwarder of the same. Legislation § 259. Added bj' Stats. 1899, p. 15.::;. § 261 PENAL CODE. 108 TITLE IX. Crimes Against the Person and Against Public Decency and Good Morals. Chapter J. Kapc, Abduction, Carnal Abuse of Children, and Seduc- tion. §§ li()l-2(j9b. IJ. Abandoniuent and Neglect of Children. §§ 270-273h. lii. Abortions. §§274, 2(5. iV. Child-stealing. § 278. V. Bigamy, Incest, and the Crime against Nature. §§ 281- 288a. VI. Violating Sepulture and the Remains of the Dead. §§ 290- 297. VII. Crimes against Eeligion and Conscience, and Other Of- fenses, against Good Morals. §§ 299-3 10 i/o. VIII. Indecent Exposure, Obscene Exhibitions, Books and Prints, and Bawdy and Other Disorderly Houses. §§ 311-318. IX. Lotteries. §§ 319-326. X. Gaming. §§ 330-337a. XI. Pawnbrokers. §§ 338-344. XII. Other Injuries to Persons. §§ 346-367e. CHAPTER I. Rape, Abduction, Carnal Abuse of Children, and Seduction. § 261. Rape defined. § 262. When physical ability must be proved. § 263. Penetration sufficient. § 264. Punishment for rape. § 265. Abduction of women. § 266. Seduction for purposes of prostitution. § 266a. Taking female for purpose of prostitution. § 266b. Taking female by force, duress, etc., to live in an illicit relation. § 266c. Bringing or landii.g Chinese or Japanese women for the pur- pose of sellinjf. § 266d. Placing female in custody for the purpose of cohabitation. § 2SQe. Paying for female for the purpose of prostitution. § 266f. Selling female for immoral purposes. § 266g. Placing or permitting the placing of one's wife in house of prostitution. § 267. Abduction. § 268. Seduction under promise of marriage. Penalty. § 269. Intermarriage, when a bar to prosecution. § 269a. Adultery. § 269b. Adultery of married persons. § 261. Rape defined. Rape is an act of sexual intercourse, accomplished with a female not the wife of the perpetrator, under either of the following circumstances : 1. Where the female is under the age of eighteen years; 2. Where she is incapable, through lunacy or other un- soundness of mind, whether temporary or permanent, of giv- ing legal consent; 109 RAPE, ABDUCTION, ABUSE OP CHILDREN^ SEDUCTION. § 264 3. Where she resists, but Ikm; resistance is overcome by force or violence ; 4. Where she is prevented from resistinu,- by threats of great and immediate bodily harm, accompanied by apparent power of execution, or by any intoxicating narcotic, or anes- thetic, substance, administered by or with the privity of the accused ; 5. Where she is at the time unconscious of the nature of the act, and this is known to the accused ; 6. Where she submits under the belief that the person com- mitting the act is her husband, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce such belief. [Amendment ap- proved 1913; Stats. 1913, p. 212.] Assault with intent to commit. See ante, § 220. Legislation § 261. 1. Enacted February 14, 1872 (based on Field's Draft, § 319, N. Y. Pen. Code, § 278; Kan. Gen. Stats., § .323), differ- ing from the amendment of 1913 (the present section), having, (1) in subd. 1, "ten j'ears" instead of "eighteen years"; (2) in subd. 2, "any" before "other unsoundness"; (3) in subd. 4, "immediate' and great bodily harm" instead of "great and immediate bodily harm"; (4) in subd. 6 "a belief" instead of "the belief." 2. Amended by Stats. 1889, p. 223, differing from the amendment of 1913 (the present section), having, (1) in subd. 1, "the fourteen years" instead of "eighteen years," and (2) in subd. 4, the same phraseology as the original code section. 3. Amended by Stats. 1897, p. 201, differing from the amendment of 1913 (the present section), having "sixteen years," instead of "eighteen years." 4. Amended by Stats. 1913, p. 212. § 262. When physical ability must be proved. No con- viction for rape can be had against one who was under the age of fourteen years at the time of the act alleged, unless his physical ability to accomplish penetration is proved as an independent fact, and beyond a reasonable doubt. Legislation § 262. Enacted February 14, 1872; identical with Field's Draft, § 320, N. Y. Pen. Code, §"279. § 263. Penetration sufficient. The essential guilt of rape consists in the outrage to the person and feelings of the female. Any sexual penetration, however slight, is suffi- cient to complete the crime. Legislation § 263. Enacted February 14, 1872; identical with Field's Draft, § 321, N. Y. Pen. Code, § 2S0. § 264. Punishment for rape. Eape is punishable by im- prisonment in the state prison not more than fifty years, ex- cept where the offense is under subdivision 1 of section 261 of the Penal Code and the female is over the age of sixteen years and under the age of eighteen years in which case the § 26G PENAL CODE. 110 puiiislinient slinll be by iiii[)ri.s()ninent in the county jail for not nioi'c than one yoar oi- in the state prison for not more than fifty years, and in such case the jury shall determine by their verdict whether the i)unis]inient shall be by impi'ison- nient in the county jail or in tlie state prison. [Amendment approved 1913; Stats. 1913, p. 213.] Legislation § 264. 1. Enacted February 14, 1872; based on Crimes and Punishment Act, § 47, as amended by Stats. 1855, p. 105, § 1, and then read: "Kape is punisliable by imprisonment in the state prison not less than five years." 2. Amended 1913, p. 213. § 265. Abduction of Vi^omen. Every person who takes any woman unlawfully, against her wdll, and by force, menace, or duress, compels her to marry him, or to marry any other person, or to be defiled, is punishable by imprison- ment in the state prison not less than two nor more than fourteen years. Legislation § 265. Enacted February 14, 1872 (N. Y. Pen. Code, §282); based on Crimes and Punishment Act, as amended and sup- plemented by Stats. 1856, p. 131, § 1. § 266. Seduction for purposes of prostitution. Every person who inveigles or entices any unmarried female, of previous chaste character, under the age of eighteen years, intO' any house of ill-fame, or of assignation, or elscAvhere, for the purpose of prostitution, or to have illicit carnal con- nection with any man; and every person wdio aids or assists in such inveiglement or enticement; and every person who, by any false pretenses, false representation, or other fraudu- lent means, procures any female to have illicit carnal con- nection with any man, is punishable by imprisonment in the state prison not exceeding five years, or l)y imprisonment in a county jail not exceeding one year, or by a fine not exceed- ing one thousand dollars, or by both such fine and imprison- ment. [Amendment approved 1874; Code Amdts. 1873-74, p. 429.] Act to punish seduction: See post. Appendix, tit. "Seduction." Legislation § 266. ,1. Enacted February 14. 1872 (based on Field's Draft, §328, X. Y. Pen. Code, §282), and then read: "Every per- son who inveigles or entices any unmarried female, of previous chaste character, under the age of twenty-five years, into any house of ill-fame or of assignation, or elsewhere, for the purpose of prosti- tution; and every person who aids or assists in such abduction for such purpose; and every person who, by any false pretenses, false representation, or other fraudulent means, procures any female to have illicit carnal connection with any man, is punishable by im- prisonment in the state prison not exceeding five years, or by im- prisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars, or by both." The code commis- Ill RAPE, ABDUCTION, ABUSE OF CHILDREN, SEDUCTION. § 266d siouers cite statutes ou kindred offenses, enacted subsequently to the adoption of the Penal Code: Stats. 1871-72, pp. 184, 380. 2. Amended by Code Anidts. 1873-74, p. 429. § 266a. Taking- female for purpose of prostitution. Every persoii wlio, within this state, takes any female person against her will and without her consent, or with her con- sent procured by fraudulent inducement or misrepresenta- tion, for the purpose of prostitution, is punishable by im- prisonment in the state prison not exceeding tive years, and a fine not exceeding one thousand dollars. Legislation § 266a. 1. Addition by Stats. 1901, p. 44S; unconsti- tutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 655; the code commissioner saying in his note to §§ 266a, 266b, 266c, 266d, 266e, 266f, "The statute of 1893, p. 217, regarding the compulsory prostitution of women, is codified in the above-named sections. The penalties here set forth in §§ 266d, 266e, and 266f are those of a felony instead of the various penalties set forth in the corresponding sections of the statute codified." § 266b. Taking female by force, duress, etc., to live in an illicit relation. Every person who takes any female person unlawfully, and against her will, and by force, menace, or duress, compels her to live with him in an illicit relation, against her consent, o^to so live with any other person, is punishable by imprisonment in the state prison not less than two nor more than four years. Legislation § 266b. 1. Addition by Stats. 1901, p. 448; unconsti- tutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 655. See ante. Legislation § 266a, for code commissioner's note. § 266c. Bringing or landing Chinese or Japanese w^omen for the purpose of selling. Every person bringing to, or landing within this state, any female person born in the empire of China or the empire of Japan, or the islands adja- cent thereto, w4th intent to place her in charge or custody of any other person, and against her will to compel her to reside with him, or for the purpose of selling her to any person whomsoever, is punishable by a fine of not less than one nor more than five thousand dollars, or by imprison- ment in the county jail not less than six nor more than twelve months. Legislation § 266c. 1. Addition by Stats. 1901, p. 448; unconsti- tutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 656. See ante, Legislation § 266a, for code commissioner's note. § 266d. Placing female in custody for the purpose of co- habitation. Any person who receives any money or other valuable thing for or on account of his placing in custody ji 267 PENAL CODE. 112 any i'einale i'or tlie i)iirpose of caiisijis her to cohabit with any male to whom slie is not married, is jjjuilty of a felony. Legislation § 266d. 1. Ad.lcd l)y Stats. 1901, p. 448; unconstitu- tional. ISoe note, § 5, ante. 2. Added by Stats. 1905, p. 05(). See ante, Legislation § 266a, for code coininissioncr's note. § 266e. Paying for female for the purpose of prostitution. Every person wlio purchases, or pays any money or other valuable thing for, any female person for the purpose of prostitution, or for the purpose of placing her, for immoral purposes, in any house or place against her will, is guilty of a felony. Legislation § 2666. 1. Addition by Stats. 1901, p. 448; unconsti- tutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 656. See ante, Legislation § 266a, for code commissioner's note. §266f. Selling female for immoral purposes. Every person Avho sells any female person or receives any money or other valuable thing for or on account of his placing in custody, for immoral purposes, any female person, -whether with or without her consent, is guilty of a felony. Legislation § 266f. 1. Addition by Stats. 1901, p. 449; unconsti- tutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 656. See ante, Legislation § 266a, for code commissioner's note. § 266g. Placing or permitting the placing of one's wife in house of prostitution. Every man who, by force, intimi- dation, threats, persuasion, promises, or any other means, places or leaves, or procures any other person or persons to place or leave, his wife in a house of prostitution, or con- nives at or consents to, or permits, the placing or leaving of his \vife in a house of prostitution, or allows or permits her to remain therein, is guilty of a felony and punishable by imprisonment in the state prison for not less than three nor more than ten years ; and in all prosecutions under this section a wdfe is a competent witness against her husband. Legislation § 266g. 1. Addition by Stats. 1901, p. 449; uncon- stitutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 656; the code commissioner saying, "This section codifies the statute of 1891, p. 285, regarding the placing and keeping of married women in houses of prostitution." § 267. Abduction. Every person who takes away any female under the age of eighteen years from her father, mother, guardian, or other person having the legal charge of her person, without their consent, for the purpose of prostitution, is punishable by imprisonment in the state 113 RAPE, ABDUCTION, ABUSE OF CHILDREN, SEDUCTION. § 269b prison not exceeding five years, and a fine not exceeding one thousand dollars. Act to prevent seduction: See post, Appendix, tit. "Seduction." Abduction or kidnaping of infant for prostitution: See post, § 7S4. Legislation § 267. Enacted February 14, 1872; based on Field's Draft, § 329, N. Y. Pen. Code, § 282; Kan. Gen. Stats., § 324. § 268. Seduction under promise of marriage. Penalty. Every person who, under promi.se of marriage, seduces and has sexual intercourse with an unmarried female of previous chaste character, is punishable by imprisonment in the state prison for not more than five years, or by a fine of not more than five thousand dollars, or by both such fine and imprisonment. Legislation § 268. Added by Stats. 1889, p. 12. § 269. Intermarriage, when a bar to prosecution. The intermarriage of the parties subsequent to the commission of the offense is a bar to a prosecution for a violation of the last section ; provided, such marriage take place prior to the finding of an indictment or the filing of an information charging such offense. Legislation § 269. Added by Stats. 1889, p. 12. § 269a. Adultery. Every person who lives in a state of cohabitation and adultery is guilty of a misdemeanor and punishable by a fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding one year, or by both. [Amendment approved 1911; Stats. 1911, p. 426.] Legislation § 269a. 1. Addition by Stats. 1901, p. 449; nnconsti- tutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 657; the code commissioner saying in his note to §§ 269a, 269b, "The act to punish adultery (Stats. 1871- 72, p. 380) is codified in the two sections above named." 3. Amended by Stats. 1911, p. 426, the change consisting in the omission of the words "op'en and notorious" before the word cohabi- tation. The section otherwise remains the same. § 269b. Adultery of married persons. If two persons, each being married to another, live together in a state of cohabitation and adultery, each is guilty of a felony, and punishable by imprisonment in the state prison not exceed- ing five years. A recorded certificate of marriage or a cer- tified copy thereof, there being no decree of divorce, proves the marriage of a person for the purpose of this action. [Amendment approved 1911; Stats. 1911, p. 426.] Legislation § 269b. 1. Addition by Stats. 1901, p. 449; unconsti- tutional. See note, § 5, ante. Pen. Code — 8 § 270 PENAL CODE. 114 2. A.IiUmI liy iStals. ICOS, j.. (J.")?. Si'c ante, Legislation § li(i!);i, for cofle eomiuissioiier's iiok". 3. AiuciuUmI by ytatn. 1911, [). 426, the change from the former section consists in the omission of tlic words "open and notorious" before tlic word "coti.'iliitntinn." 'i'lie section otiierwise is tlie same. CllAPTKK II. Abandonment and Neglect of Children. § 270. Penalty for not furnishing child with food, etc. § 270a. Non-support of wife. § 270b. Surety for support. § 270c. Adult child, duty of, to provide for indigent parents. § 270d. Fine may be paid to wife of defendant. § 270e. Proof of marriage, etc. Confidential communications. Proof of abandonment. § 271. Desertion of minor. § 271a. Maintenance of minor. § 272. Person selling, apprenticing, etc., children. § 273. Person receiving, hiring, etc., children. § 273a. Unjustifiable punishment causing child to suffer. § 273b. Child not to be confined. § 273c. Fines, how appropriated. § 273d. Court may commit child to charitable institution, § 273e. Minor not to deliver messages, etc., to certain places. § 273f. Sending children to immoral places. § 273g. Immoral practices in presence of children. § 273h. Person convicted may be compelled to work on roads. Pay- ment made to wife, etc. § 270. Penalty for not furnishing- child with food, etc. A parent of either a legitimate or illegitimate minor child who willfnlly omits, without lawful excuse, to furnish neces- sary food, clothing, shelter, or medical attendance for his child, is punishable by imprisonment in the state prison, or in the county jail, not exceeding two years, or by fine not exceeding one thousand dollars, or by both. [Amend- ment approved 191.5; i^tats. 1915, p. 572.] -Indictable omissions: Ante, § 26, subd. 6. Duty of parent to support child: See Civ. Code, §§ 196, 208, 209. Corporations for prevention of cruelty to children: See Civ. Code, §§ 607 et seq. Legislation § 270. 1. Enacted February 14, 1872 (based on Field's Draft, § 333, N. Y. Pen. Code, § 287), and then read: "Every parent of any child who willfully omits, without lawful excuse, to perform any duty imposed upon him by law, to furnish necessary food, cloth- ing, shelter, or medical attendance for such child, is guilty of a mis- demeanor." 2. Amendment by Stats. 1901, p. 4-19; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 758, to read: "A parent who will- fully omits, without lawful excuse, to furnish necessary food, cloth- ing, shelter, or medical attendance for his child, is guilty of a mis- demeanor"; the code commissioner saying, "The change consists in the omission of the words now following the word 'excuse,' 'to per- form any duty imposed upon him by law.' They are clearly without signification as employed in the section." 115 ABANDONMENT AND NEGLECT OF CHILDREN. § 270b 4. Amended by Stats. 1909, ]•. 23S, to read: "A parent wlio will- fully omits, without lawful ext-use, to furnish necessary food, cloth- ing, shelter or medical attendance for his child, is punishable by inqjrisoninent in the state prison, or in the county jail, not exceeding two years, or by line not exceeding one thousand dollars, or by both." 5. Amended by Stats. 1915, p. 572. § 270a. Non-support of wife. Every husband having sufficient ability to provide for his wife's support, or who is able to earn the means of such wife's support, who willfully abandons and leaves his wife in a destitute condition, or who refuses or neglects to provide such wife with necessary ■food, clothing, shelter or medical attendance, unless by her misconduct he was justified in abandoning her, is punishable by imprisonment in the state prison, or in the county jail, not exceeding two years, or by fine not exceeding one thou- sand dollars, or by both. [Amendment approved 1909 ; Stats. 1909, p. 258.] Legislation § 270a, 1. Added by Stats. 1907, p. 91 (becoming a law, under constitutional provision, without governor's approval), the section then ending with the words "is guilty of a misdemeanor" instead of "is punishable by," etc., as in the amendment of 1909. 2, Amended by Stats. 1909, p. 258. § 270b. Surety for support. After arrest and before plea or trial, or after conviction or plea of guilty and before sen- ■ tence under either section two hundred and seventy or two hundred and seventy a of this code, if the defendant shall appear before the court and enter into an Undertaking with sufficient sureties to the people of the state of California in such penal sum as the court may fix. to be approved by the court, and conditioned that the defendant will pay to the person having custody of such child or to such wife, such sum per month as may be fixed by the court in order to thereby provide said minor child or said wife, as the case may be, with necessary food, clothing, shelter, or medical attendance, then the court may suspend proceedings or sen- tence therein ; and said undertaking is valid and binding for six months; and upon the failure of defendant to comply with said undertaking, he may be ordered to appear before the court and show cause why further proceedings should not be had in said action or why sentence should not be imposed, whereupon the court may proceed with said action, or pass sentence, or for good cause shown may modify the order and take a new undertaking and further suspencl pro- ceedings or sentence for a like period. [Amendment ap- proved 1909; Stats. 1909, p. 259.] Legislation § 270b. 1. Added by Stats. 1907, p. 92 (becoming a law, under constitutional provision, without governor's approval), and then read: "After arrest, conviction or plea of guilty on a charge of a misdemeanor under either section two hundred and seventy § 270e PENAL CODE. 116 or two liuiKlrcd ;in(l sovciity a, of this oo(l(% and before trial or sen- tciiiH', if tlio dcfenilant shall appear before the court and enter into an undertaking with sufficient sureties to the people of the state of California in such penal sum as the court may fix, to be approved by the court, and conditioned that the defendant will furnish said minor child or wife as the case may be, with necessary food, cloth- ing, shelter or medical attendance, then the court may suspend pro- ceedings or sentence therein; and said undertaking is valid and binding for six months; and upon the failure of defendant to com- ply with said undertaking, he may be ordered to appear before the court and show cause why further proceedings should not be had in said action or sentence should not be imposed, whereupon the court may proceed with said action, or pass sentence, or for good cause shown may modify the order and take a new undertaking and further suspend proceedings, or sentence for a like period." 2. Amended by Stats. 1909, p. 259. § 270c. Adult child, duty of, to provide for indigent par- ents. Every adult child, -who having the ability so to do, fails to provide necessary food, clothing, shelter, or medical attendance for an indigent parent, is guilty of a misde- meanor. Legislation § 270c. Added by Stats. 1909, p. 166. § 270d. Fine may be paid to wife of defendant. In any case where there is a conviction and sentence under the pro- visions of either section 270 or section 270a, of this code, should a fine be imposed, such fine may be directed by the court to be paid in whole or in part to the wife of the de- fendant or guardian or custodian of the child or children of such defendant. Legislation § 270d. Added by Stats. 1911, p. 687. § 270e. Proof of marriage, etc. Confidential communica- tions. Proof of abandonment. No other evidence shall be required to prove marriage of husband and wife, or that a person is the lawful father or mother of a child or children, than is or shall be required to prove such facts in a civil action. In all prosecutions under either section 270 or 270a of this code any existing provisions of law prohibiting the disclosure of confidential communications between husband and wife shall not apply, and both husband and wife shall be competent to testify to any and all relevant matters, in- cluding the fact of marriage and the parentage of a child or children. Proof of the abandonment and nonsupport of a wife, or of the omission to furnish necessary food, clothing, shelter, or of medical attendance for a child or children is prima facie evidence that such abandonment and nonsupport or omission to furnish necessary food, clothing, shelter or medical attendance is willful. Legislation § 270e. Added by Stats. 1911, p. 6Sb\ 117 ABANDONMENT AND NEGLECT OF CHILDREN. § 272 § 271. Desertion of minor. Every parent of any child under the age of fourteen years, and every person to whom any such child has been confided for nurture, or education, who deserts such child in any place whatever with intent wholly to abandon it, is punishable by imprisonment in the state prison or in the county jail not exceeding one year or by fine not exceeding five hundred dollars, or by both. [Amendment approved 1909; Stats. 1909, p. 297.] Legislation § 271. 1. Enacted February 14, 1872 (identical with Field's Draft, § 332, N. Y. Pen. Code, § 287), and then read: "Every parent of any child under the age of six years, and every person to -whom any such child has been confided for nurture or education, who deserts such child in any place whatever, with intent wholly to abandon it, is punishable by imprisonment in the state prison not exceeding seven years, or in a county jail not exceeding one year." 2. Amended by Stats. 1909, p. 297. § 271a. Maintenance of minor. Every person who know- ingly and willfully abandons, or who, having ability so to do, fails or refuses to maintain his or her minor child under the age of fourteen years, or who falsely, knowing the same to be false, represents to any manager, officer or agent of any orphan asylum or charitable institution for the care of orphans, that any child for whose admission into such asylum or institution application has been made is an orphan, is punishable by imprisonment in the state prison, or in the county jail not exceeding one year, or by fine not exceeding five hundred dollars, or by both. [Amendment approved 1909; Stats. 1909, p. 297.] Legislation § 271a. 1. Addition by Stats. 1901, p. 449; unconsti- tutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 758, the section then ending with the words "application is made is an orphan, is guilty of a misde- meanor," instead of "application has been made," etc., as in the amendment of 1909; the code commissioner saying, "The penal sec- tion of the statute of 1873-74, relating to the care of orphan and abandoned children, is codified in this section." 3. Amended by Stats. 1909, p. 297. § 272. Person selling, apprenticing, etc., children. Any person, whether as parent, relative, guardian, employer, or otherwise, having the care, custody, or control of any child under the age of sixteen years, who exhibits, uses, or em- ploys, or in any manner, or under any pretense, sells, apprentices, gives aw^ay, lets out, or disposes of any such child to any person, under any name, title, or pretense, for or in any business, exhibition, or vocation, injurious to the health or dangerous to the life or limb of such child, or in or for the vocation, occupation, service, or purpose of sing § 273 .PENAL CODE. 118 iiiy, ])l;iyin,u on imisir-al iiistruineiits, rope or wire walking, daiu'inii', Ijeiigiiig, or petldliiiii', or as a <;y)iinast, acrobat, contortionist, or rider, in any place wiiatsoever, or for or in any obscene, indecent or immoral purposes, exhibition, or practice Avhatsocver, or for or in any mendicant or wander- ing business whatsoever, or who causes, procures, or encour- ages such child to engage therein, is guilty of a misde- meanor, and punishable by a fine of not less than fifty nor more than two hiuulred and fifty dollars, or by imprison- ment in the county jail for a term not exceeding six months, or by both such fine and imprisonment. Nothing in this section contained applies to or affects the emploj'^ment or use of any such child, as a singer or musician in any church, school, or academy, or the teaching or learning of the science or practice of music ; or the employment of any child as a musician at any concert or other nuisical entertainment, on the Avritten consent of the mayor of the city or president of the board of trustees of the city or town where such con- cert or entertainment takes place. [Amendment approved 1905; Stats. 1905, p. 759.] Legislation § 272, 1. Added by Code Amdts. 1875-76, p. 110, and then reud: "Any person, whether as parent, relative, guardian, em- ployer, or otherwise, having in his care, custody, or control any child under the age of sixteen years, who shall sell, apprentice, give away, let out, or otherwise dispose of any such child to any person, under any name, title, or pretense, for the vocation, use, occupation, calling, service, or purpose of singing, plaj'ing on nuisical instru- ments, rope-walking, dancing, begging, or peddling, in any public street or highway, or in any mendicant or wandering business what- soever; and any person who shall take, receive, hire, employ, use, or have in custody any child for such purposes, or either of them, is guilty of a misdemeanor." 2. Amendment by Stats. 1901, p. 449; unconstitutional. See note, § 5, ante. 3, Amended by Stats. 1905, p. 7-59; the code commissioner saying in his note to §§"^272, 273, 273a, 273b, 273c, 273d, "The two statutes, one of 1877-78, p. 812, and the other of 1877-78, p. 813, relating to children, are coditied bv an amendment to § 272 and by the addition of §§ 273, 273a, 273b, 273c, and 273d." § 273. Person receiving', hiring, etc., children. Every person who takes, receives, hires, employs, uses, exhibits, or has in custody, any child under the age, and for any of the purposes mentioned in the preceding section, is guilty of a like offense, and punishable by a like punishment as therein provided. Legislation § 273. 1. Addition by Stats. 1901, p. 4;'J0; unconsti- tutional. See note, § 5, ante, 2. Added by Stats. 1905, p. 759 (approved March 22, 1905). See ante, Legislation § 272, for code commissioner's note. At the same session of the legislature in 1905 another section numbered 273 was 119 ABANDONMENT AND NEGLECT OF CHILDREN. § 273d enacted (Stats. 1905, p. 74; approved Mtu'ch 7, 1905), the present § 273f, q. v., infra. § 273a. Unjustifiable punishment causing child to suffer. Any person who willfully causes or permits any child to suffer, or who intiiets thereon unjustifiable physical pain or mental suffering-, and Avhoever, having the care or custody of an}' child, causes or permits the life or limb of such child to be endangered, or the health of such child to be injured, and any person who willfully causes or permits such child to be placed in such situation that its life or limb may be endangered, or its health likely to be injured, is guilty of a misdemeanor. Legislation § 273a. 1. Addition by Stats. 1901, p. 450; unconsti- tutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 759. See ante. Legislation § 272, for code commissioner's note. § 273b. Child not to be confined. No child under the age of sixteen years must be placed in any prison, or place of confinement, or in any courtroom, or in any vehicle for trans- portation to any place, in company with adults charged with or convicted of crime, except in the presence of a proper official. Legislation § 273b. 1. Addition by Stats. 1901, p. 450; unconsti- tutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 760. See ante. Legislation § 272, for code commissioner's note. § 273c. Fines, how appropriated. All fines, penalties, and forfeitures imposed and collected under the provisions of the five preceding sections, or under the provisions of any law relating to, or affecting, children, in every case where the prosecution is instituted or conducted by a society incor- porated under the laws of this state for the prevention of cruelty to children, inure to such society in aid of the pur- poses for which it is incorporated. Legislation § 273c. 1. Addition by Stats. 1901, p. 451; unconsti- tutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 760. See ante, Legislation § 272, for code commissioner's note. § 273d. Court may commit child to charitable institution. When, upon examination before a court or magistrate, it appears that any child under the age of sixteen years has been found begging, whether actually begging or under the pretext of selling anything, or wandering and not having any settled place of abode, or proper guardianship, or visible means of subsistence; or destitute, or frequenting the com- pany of reputed thieves, or prostitutes or houses of prostitu- § 2731' PENAI. CODE. 120 tioii or assij^nation, (lance-houses, concert-saloons, theaters, or places where spirituous li(|uors are sold; or engaged in any business, exliibition, or vocation mentioned in section two hundred and seventy-two; or in the custody of any per- son convicted of a criminal assault upon it ; the court or magistrate may, when it deems it expedient for the welfare of such child, commit it to an orphan asylum, society for the prevention of cruelty to cliildi'on, or other charitable institution, or make such other disposition thereof as now is or may hereafter be provided by law in cases of vagrant, truant, disorderly, pauper, or destitute children. Legislation § 273d. 1. Addition by Stats. 1901, p. 451; unconsti- tutional. See note, § o, ante. 2. Added by Stats. 1905, p. 760. Sec ante. Legislation § 272, for code commissioner's note. § 273e. Minor not to deliver messages, etc., to certain places. Every telci)hone, si)ecial delivery company or asso- ciation, and every other corporation or person engaged in the delivery of packages, letters, notes, messages, or other matter, and every manager, superintendent, or other agent of such person, corporation, or association, who sends any minor in the employ or under the control of any such person, corporation, association, or agent, to the keeper of any house of prostitution, variety theater, or other place of question- able repute, or to any person connected with, or any inmate of, such house, theater, or other place, or who permits such minor to enter such house, theater, or other place, is guilty of a misdemeanor. Legislation § 273e. 1. Addition by Stats. 1901, p. 4.j1; unconsti- tutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 760; the code commissioner saying, "The matter in § 1389, which incorrectly stands in a chapter entitled 'Dismissal of the Action,' is put into a new section designated as 273e in the proper chapter, with the other sections relative to chil- dren, and § 1389 accordingly repealed." § 273f. Sending children to immoral places. Any per- son, wdiether as parent, guardian, employer, or otherwise, and any firm or corporation, who as employer or otherwise, shall send, direct, or cause to be sent or directed to any saloon, gambling-house, house of prostitution, or other im- moral place, any minor under the age of eighteen, is guilty of a misdemeanor. Legislation § 273f. 1. Added by Stats. 1905, p. 74, as § 273 (ap- proved March 7, 1905), and then had the words "eighteen years" instead of "eighteen," as in the present section. 2. Eepealed by Stats. 1907, p. 565, and added as a nev^^ section numbered 273f; the code commissioner saying, "As by the above codification of § 273 in 1905, there came to be in the Penal Code two 121 ABORTIONS. § 274 sections of that number, the defect was remedied in 1UU7 by repeal- ing § 273, as approved Marcli 7, 190^, any iin|>ri.soiiiiu'iil in tho state prison not ox- coe58.] Legislation § 3101/2. 1- Added by Stats. 1895, p. 246. 2. Repeal by Stats. 1901, p. 452; unconstitutional. See note, § 5, ante. 3. Repealed by Stats. 1905, p. 658; the code commissioner saying, "This section was explicitly held to be unconstitutional in Ex parte Jentzsek, 112 Cal. 468, and is, therefore, repealed." 133 INDECENT EXPOSURE, OBSCENE EXHIBITIONS, ETC. § 311 CHAPTEIi Vlil. Indecent Exposure, Obscene Exhibitions, Books and Prints, and Bawdy and Other Disorderly Houses. § 311. Indecent exposures, exliibitious, and pictures. § 312. Seizure of indecent articles authorized. § 313. Their character to be summarily determined. § 314. Their destruction. § 315. Keeping or residing in house of ill-fame. Proof. § 316. Keeping disorderly houses. § 317. Advertising to produce miscarriage. § 318. Prevailing upon any person to visit a place kept for gam- bling or prostitution a misdemeanor. § 311. Indecent exposures, exhibitions, and pictures. Every person who willfully and lewdly, either : One. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby ; or, Two. Procures, counsels, or assists any person so to ex- pose himself, or to take part in any model artist exhibition, or to make any other exhibition of himself to public view, or to the view of any number of persons, such as is offensive to decency, or is adopted to excite to vicious or lewd thoughts or acts; or. Three. Writes, composes, stereotypes, prints, publishes, sells, distributes, keeps for sale, or exhibits any obscene or indecent writing, paper, or book ; or designs, copies, draws, engraves, paints, or otherwise prepares any obscene or in- decent picture or print; or molds, cuts, casts, or otherwise makes any obscene or indecent figure ; or. Four. Writes, composes, or publishes any notice or ad- vertisement of any such writing, paper, book, picture, print, or figure ; or. Five. Sings any lewd or obscene song, ballad, or other words, in any public place, or in any place where there are persons present to be annoyed thereby ; ■ — Is guilty of a misdemeanor. [Amendment approved 1874; Code Amdts. 1873-74, p. 429.] Legislation § 311. 1. Enacted February 14, 1872; almost identical with Field's Draft, § 363, N. Y. Pen. Code, §§ 316, 317. The code commissioners say: "This and the three succeeding sections are based upon an act relative to obscene and lewd publications (Stats. 1859, p. 297), and an act relative to injurious publications (Stats. 1858, p. 204), extended to embrace cases not included within those acts, but which deserve Ifght punishments, and follow the language of the New York Penal Code, [Field's Draft,]. §§ 363, 365, 366." 2. Amended by Code Amdts. 1873-74, p. 429, in subd. 4, omitting, before ''or," at end of subdivision, "or any notice or advertisement for producing or facilitating a miscarriage." § 315 PENAL CODE. 134: § 312. Seizure of indecent articles authorized. Kveiy person anJio is aulliorized or enjoined to arrest any pei'son for a violation of su))division tliree of the last section, is equally authorized and enjoined to seize any obscene or indecent writing, paper, book, picture, print, or figure found in possession or under the control of the person so arrested, and to deliver the same to the niagisti-ate before whoDi the person so arrested is required to be taken. Legislation § 312. Enacted February 14, 1872; identical with Field's Urat'tj § 364. See ante, Legislation § 311, for code commis- sioners' note. § 313. Their character to be summarily determined. The magistrate to Avhom any obscene or indecent writing, paper, book, picture, print, or figure is delivered, pursuant to the foregoing section, must, upon the examination of the ac- cused, or, if the examination is delayed or prevented, with- out awaiting such examination, determine the character of such writing, paper, book, picture, print, or figure, and if he finds it to be obscene or indecent, he must deliver one copy to the district attorney of the county in which the accused is liable to indictment or trial, and must at once destroy all the other coj^ies. Legislation § 313. Enacted February 14, 1872; the language em- ployed being almost that of part of Field's Draft, § 365. See ante, Legislation § 311, for code commissioners' note. § 314. Their destruction. Upon the conviction of the ac- cused, such district attorney must cause any writing, paper, book, picture, print, or figure, in respect whereof the accused stands convicted, and which remains in the possession or under the control of such district attorney, to be destroyed. Legislation § 314. 1. Enacted February 14, 1872; almost identical with Field's Draft, § 366. See ante, Legislation § 311, for code com- missioners' note. 2. Amendment by Stats. 1901, p. 452; unconstitutional. See note, § 5, ante. § 315. Keeping or residing in house of ill-fame. Proof. Every person who keeps a house of ill-fame in this state, resorted to for the purposes of prostitution or lewdness, or who willfully resides in such house, is guilty of a misde- meanor ; and in all prosecutions for keeping or resorting to such a house common repute may be received as competent evidence of the character of the house, the purpose for which it is kept or used, and the character of the women inhabiting or resorting to it. [Amendment approved 1905 ; Stats. 1905, p. 668.] Living in or keeping house of ill-fame: See post, § 647. 135 DISORDERLY HOUSES. ADVERTISING MISCARRIAGES. § 318 Legislation § 315. 1. Enacted February 14, 1872 (based on Stats. IS55, p. 7(1, § 1), and then ended with the words "guilty of a misde- meanor." 2. Amendment by Stats. 1901, p. 452; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 66S; the code commissioner saying, "The new matter is taken from the statute of 1866, as amended 1873-74, p. 84, and makes the reputation of the house evidence of its character and of that of the women resorting to it." § 316. Keeping- disorderly houses. Every person who keeps any disordorly house, or any house for the purpose of assignation or prostitution, or any house of public resort, by which the peace, comfort, or decency of the immediate neighborhood is habitually disturbed, or who keeps any inn in a disorderly manner ; and every person who lets any apartment or tenement, knowing that it is to be used for the purpose of assignation or prostitution, is guilty of a mis- demeanor. [Amendment approved 1874 ; Code Amdts. 1873- 74, p. 430.] Legislation § 316. 1. Enacted February 14, 1872 (identical with Field's Draft, § 368, N. Y. Pen. Code, § 322), and then read: "Every person who keeps any disorderly house or any house of public resort, by which the peace, comfort, or decency of the immediate neighbor- hood is habitually disturbed, or who keeps any inn in a disorderly manner, is guilty of a misdemeanor."' 2. Amended by Code Amdts. 1873-74, p. 430. § 317. Advertising to produce miscarriage. Every per- son who willfully writes, comjjoses, or publishes any notice or advertisement of any medicine or means for producing or facilitating a miscarriage or abortion, or for the preven- tion of conception, or who offers his services by any notice, advertisement, or otherwise, to assist in the accomplishment of any such purpose, is guilty of a felony. Legislation § 317. Added by Code Amdts. 1873-74, p. 430. § 318. Prevailing- upon any person to visit a place kept for gambling or prostitution, a misdemeanor. Whoever, through invitation or device, prevails upon any person to visit any room, building, or other places kept for the pur- pose of gambling or prostitution, is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in the county jail not exfeeeding six months, or fined not exceeding five hundred dollars, or be punished by both such fine and im- prisonment. Legislation § 318. Added by Code Amdts. 1880, p. 40. § 321 PENAL CODE. 13(> CHAPTER IX. Lotteries. § 319. Lottory defined. § .120. Punishment for drawing lottery. § 321. Piinisliinent for selling lottery tickets. § 322. Aiding lotteries. S 323. Lottery-offices. Advertising lottery-offices. § 324. Insuring lottery tickets. I'ublishing offers to insure. § 325. Property offered for disposal in lottery forfeited. § 326. Letting building for lottery purposes. §319. Lottery defined. A lottery is any scheme for the disposal or distribution of property by chance, among per- sons who have paid or promised to pay any valuable con- sideration for the chance of obtaining such property or a portion of it, or for any share or any interest in such prop- erty, upon any agreement, understanding, or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, ratHe, or gift-enterprise, or by what- ever name the same may be known. Evidence on prosecution for selling lottery tickets: See post, § 1109. Legislation § 319. Enacted February 14, 1872; based on Field's Draft, §370, N. Y. Pen. Code, §323; "Stats. 1861, p. 229, § 2. Tiie code commissioners say: "This section and the succeeding ones re- lating to lotteries are founded upon an act to prohibit lotteries, etc. (Stats. 1861, p. 229.) No material changes in the legal effect have been made, but the commissioners have to some extent followed the language of the New York Penal Code [Field's Draft] (§§ 370, 372, 373, 375, 377, 379, 381, 382), having in view greater terseness of expression." §320. Punishment for drawing lottery. Every person who contrives, prepares, sets up, proposes, or draws any lottery, is guilty of a misdemeanor. Legislation § 320. Enacted February 14, 1872; based on Field's Draft, §372, N. Y. Pen. Code, § 325; Stats. 1861, p. 229. See ante, Legislation § 319, for code commissioners' note. §321. Punishment for selling lottery tickets. Every person who sells, gives, or in any manner whatever, fur- nishes or transfers to or for any other person any ticket, chance, share, or interest, or any paper, certificate, or in- strument purporting or understood to be or to represent any ticket, chance, share, or interest in, or depending upon the event of any lottery, is guilty of a misdemeanor. Legislation § 321. Enacted February 14, 1872; almost identical with Field's Draft, § 378, N. Y. Pen. Code, § 326; Stats. 1861, p. 229. See ante. Legislation § 319, for code commissioners' note. 137 LOTTERIES. § 325 § 322. Aiding- lotteries. Every person who aids or as- sists, either by printing, writing, advertising, publishing, or otherwise in setting up, managing, or drawing any lottery, or in selling or disposing of any ticket, chance, or share therein, is guilty of a misdemeanor. Legislation § 322. Enacted February 14, 1872; based on Field's Draft, §375, N. Y. Pen. Code, § 327; Stats. 1861, p. 229. See ante, Legislation § 319, for code commissioners' note. § 323. Lottery-offices. Advertising- lottery-offices. Every person who opens, sets up, or keeps, by himself or by any other person, any office or other place for the sale of, or for registering the number of any ticket in any lottery, or who, by printing, Avriting, or otherwise, advertises or publishes the setting up, opening, or using of any .such office, is guilty of a misdemeanor. Legislation § 323. Enacted February M, 1872; based on Field's Draft, § 377, N. Y. Pen. Code, §329; Stats. 1861, p. 229. See ante. Legislation § 319, for code commissioners' note. § 324. Insuring lottery tickets. Publishing offers to in- sure. Every person who insures or receives any considera- tion for insuring for or against the drawing of any ticket in any lottery whatever, whether drawn or to be drawn within this state or not, or Avho receives any valuable consideration upon any agreement to repay any sum, or deliver the same, or any other property, if any lottery ticket or number of any ticket in any lottery shall prove fortunate or unfor- tunate, or shall be drawn or not be drawn, at any particular time or in any particular order, or who promises or agrees to pay any sum of money, or to deliver any goods, things in action, or property, or to forbear to do anything for the benefit of any person, Avith or Avithout consideration, upon any event or contingency dependent on the draAving of any ticket in any lottery, or Avho publishes any notice or pro- posal of any of the purposes aforesaid, is guilty of a misde- meanor. Legislation § S24. Enacted February 11, 1872; based on Field's Draft, § 379, N. Y. Pen. Code, §330; Stats. 1861, p. 229. See ante. Legislation § 319, for code commissioners' note. § 325. Property offered for disposal in lottery forfeited. All moneys and property offered for sale or distribution in violation of any of the provisions of this chapter are for- feited to the state, and may be recovered by information filed, or by any action brought by the attorney-general, or by any district attorney, in the name of the state. Upon the filing of the information or complaint, tlie clerk of the § 330 PENAL codl:. 138 court, or if the suit be in a justice's coui't, the justice, must issue an attaehnunit against the property nie)itioned in tlic couiphiint or information, which attachment lias tlie same force and effect against such property, and is issued in the same manner as attachments issued from the district courts in civil cases. Legislation § 325. Enacted February 14, 1872; based on Field's Draft, S ;!S1, N. Y. Pen. Code, § 332; Stats. 1861, p. 229. See ante, Loyislntion § .'Hi), for code commissioners' note. § 326. Letting- building- for lottery purposes. Every per- son who lets, or permits to be used, any building or vessel, or any portion thereof, knowing that it is to be used for setting up, managing, or drawing any lottery, or for the purpose of selling or disposing of lottery tickets, is guilty of a misdemeanor. Legislation § 326. Enacted February 14, 1872; based on Field's Draft, § 382, K Y. Pen. Code, §333; Stats. 1861, p. 229. See ante. Legislation § 319, for code commissioners' note. CHAPTER X. Gaming. § 330. Gaming prohibited. Penalty. § 330a. Gambling by use of slot machines prohibited. Dice having more than six faces. § 331. Permitting gambling in houses owned or rented. § 332. Winning at play by fraudulent means. § 333. Witnesses neglecting or refusing to attend trial. § 334. Witness's privilege. § 335. Duties of district attorneys, sheriffs, and others. § 336. Permitting minor to play in saloon. § 337. To issue a license to carry on forbidden games, a felony. § 337a. Pool-selling, book-making, bets and wagers. Code commissioners' note to Chapter X. "This chapter is founded on the statute of 1860, p. 69, and the statute of 1863, p. 723. The language has been modified." § 330. Gaming- prohibited. Penalty. Every person who deals, plays, or carries on, opens, or causes to be opened, or who conducts, either as owner or employee, whether for hire or not, any game of faro, monte, roulette, lansquenet, rouge-et-noir, rondo, tan, fan-tan, stud-horse poker, seven- and-a-half, twenty-one, hokey-pokey, or any banking or per- centage game played with cards, dice, or any device, for money, checks, credit, or other representative of value, and every person who plays or bets at or against any of said pro- hibited games, is guilty of a misdemeanor, and shall be pun- ished by a fine not less than one hundred dollars nor not more than five hundred dollars, or by imprisonnuMit in the 139 GAMING. § 330a county jail not exceeding six montlis, or by both such fine and imprisonment. [Amendment approved 1891 ; Stats. 1891, p. 57.] Legislation § 330. 1. Enacted February 14, 1872 (based on Stats. 1863, p. 723, §1; 14 Cal. 29; 14 Cal. 566), and then read: "Every person who deals, plays, or carries on, opens or causes to be opened, or who conducts, either as owner or employee, whether for hire or not, any game of faro, monte, roulette, lansquenet, rouge-et-noir, rondo, or any banking game played with cards, dice, or any other device, for money, checks, credit, or any other representative of value, is punishable by fine of not less than two hundred nor more than one thousand dollars, and shall be imprisoned in the county jail until such fine and costs of prosecution are paid, such impris- onment not to exceed one year." 2. Amended by Stats. 1885, p. 135, (1) adding (a) "tan, fan-tan, stud-horse poker, seven-and-a-half, twenty-one," and (b) "or percent- age" after "any banking"; (2) omitting "other" before "clevice"; (4) adding, at end of section, "and every person who plays or bets at or against any of said prohibited game or games, is guilty of a mis- demeanor." 3. Amended by Stats. 1891, p. 57. § 330a. Gambling- by use of slot machines prohibited. Dice having' more than six faces. Every person, who has in his possession or under his control, either as owner, lessee, agent, employee, mortgagee, or otherwise, or Avho permits to be placed, maintained or kept, in any room, space, inclosure or building OAvned, leased or occupied l:)y him, or under his management or control, any slot or card machine, con- trivance, appliance or mechanical device, upon the result of action of which money or other valuable thing is staked or hazarded, and which is operated, or played, by placing or depositing therein any coins, checks, slugs, balls, or other articles or device, or in any other manner and by means whereof, or as a result of the operation of which any mer- chandise, money, representative or articles of value, checks, or tokens, redeemable in, or exchangeable for money or any other thing of value, is won or lost, or taken from or obtained from such machine, when the result of action or operation of such machine, contrivance, appliance, or me- chanical device is dependent upon hazard or chance, and every person, who has in his possession or under his con- trol, either as owner, lessee, agent, employee, mortgagee, or otherwise, or Avho permits to be placed, maintained or kept, in any room, space, inclosure or building, owned, leased or occupied by him, or under his management or control, any card dice, or any dice having more than six faces or bases each, upon the result of action of which any money or other valuable thing is staked or hazarded, or as a result of the operation of which any merchandise, money, representative § 333 PENAL CODE. 140 or article of value, cheek or token, redeemable in or ex- changeable for money or any other thing of value, is won or lost or taken, when the result of action or operation of such dice is dependent upon hazard or chance, is guilty of a misdemeanor, and shall be punishable by a fine not less than one hundred dollars nor more than five hundred dolhirs, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. Legislation § 330a. Added by Stats. 1911, p. 95]. § 331. Permitting" gambling in houses owned or rented. Every jjerson who kno\\ingiy permits any of the games mentioned in the preceding section to be played, conducted, or dealt in any house owned or rented ])y such person, in whole or in part, is punishable as i^rovided in the preceding section. Permitting minors to gamble: See post, § 3.36. Permitting of gambling by owner or lessor: See post, § 336. Legislation § 331. Enacted February 14, 1872; based on Stats. 1860, p. 69, § 4. § 332. Winning at play by fraudulent means. Every person who by the game of ''three-card monte," so-called, or any other game, device, sleight-of-hand, pretensions to fortune-telling, trick, or other means whatever, by use of cards or other implements or instruments, or while betting on sides or hands of any such play or game, fraudulently ob- tains from another person money or property of any de- scription, shall be punished as in case of larceny of property of like value. [Amendment approved 1880; Code Amdts. 1880, p. 40.] Legislation § 332. 1. Enacted February 14, 1872 (based on Field's Draft, § 388, N. Y. Pen. Code, § 339), and then read: "Every person who, by any fraud, cheat, or device, or false pretense whatsoever, while playing at any game of chance, or while bearing any share in wagers played for, or while betting on sides or hands of such play, wins or acquires to himself or another any sum of money or valuable thing, is guilty of a misdemeanor," 2. Amended by Code Amdts. 1877-78, p. 115, to read: "Every person who, by fraud, device, cheat, trick, or any false pretense whatsoever, while playing or pretending to play at any game of chance, or while bearing any share in a wager or wagers played for, or while betting on sides or hands of such play or pretended play; or who, by means of bunko, string game, three-card monte, thim- blerig, top-and-bottom, or other pretended game of chance, or cheat- ing game, or device, or acquires to himself or another, any sum of money or valuable thing, is guilty of a felony, and on conviction shall be punished accordingly." 3. Amended by Code Amdts. 1880, p. 40. § 333. Witnesses neglecting or refusing to attend trial. Every person duly summoned as a witness fur the in-osecu- 141 GAMING. § 337 tiuii, on any proceedings had nnder this chapter, who neg- lects or refuses to attend, as rcniuired, is guilty of a mis- demeanor. Legislation § 333, Euactcd February 14, 1872; basod on Stats. 1S60, p. 69, § 5. § 334. Witness's privilege. No person, otherwise compe- tent as a witness, is disqualified from testifying as such con- cerning the offense of gaming, on the ground that such tes- timony may criminate himself; but no prosecution can afterwards be had against him for any offense concerning whrch he testified. Legislation § 334. Enacted February 14, 1872 (Field's Draft, § 391, N. y. Pen. Code, § 342) ; based on Stats. 1S60, p. 69, § 2. § 335. Duties of district attorneys, sheriffs, and others. Every district attornej', sheriff, constable, or police-officer must inform against and diligently prosecute persons w^hom they have reasonable cause to believe offenders against the provisions of this chapter, and every such officer refusing or neglecting so to do, is guilty of a misdemeanor. Legislation § 335. Enacted February 14, 1872; based on Stats. 1863, p. 723, § 1. § 336. Permitting minor to play in saloon. Every owner, lessee, or keeper of any house used in whole, or in part, as a saloon or drinking-place, who knoAvingiy permits any per- son under twenty-one years of age to play at any game of chance therein, is guilty of a misdemeanor. Permitting of gambling by lessor: See ante, § 331. Legislation § 336. Added by Code Amdts. 1873-74, p. 4G1. § 337. To issue a license to carry on forbidden games, a felony. Every state, countj^, city, city and county, town, or township officer, or other person who shall ask for, re- ceive, or collect any money, or other valuable consideration, either for his own or the public use, for and with the under- standing that he will aid, exempt, or otherwise assist any person from arrest or conviction for a violation of section three hundred and thirty of the Penal Code ; or who shall issue, deliver, or cause to be given or delivered to any per- son or persons, any license, permit, or other privilege, giv- ing, or pretending to give, any authority or right to any person or persons to carry on, conduct, open, or cause to be opened, any game or games which are forbidden or prohib- ited by section three hundred and thirty of said code; and any of such officer or officers who shall vote for the passage of any ordinance or by-law, giving, granting, or pretending § 337a PENAL CODE. 142 to ^ixc or ^raiil lo any pei'tsoii or persons uiiy uutliont}' or privileyi' to open, eariy on. conduct, or cause to be o])ened. carried on, ov conducted, any game or games prohibited by said section three hundred and thirty of the I'enal Code, is guilty of a felony. Legislation § 337. Added by Stats. 1885, j). 113. § 337a. Pool-selling, book-making', bets and wagers. Every person, 1. Who engages in pool-selling or book-making, with or without writing, at any time or place ; or 2. Who, whether for gain, hire, reward, or gratuitously*, or otherwise, keeps or occupies, for any period of time whatso- ever, any room, shed, tenement, tent, booth, building, float, vessel, place, stand or inclosure, of any kind, or any part thereof, with a book or books, paper or papers, apparatus, device or paraphernalia, for the purpose of recording or reg- istering any bet or bets, or any purported bet or bets, or wager or M^agers, or any purported wager or wagers, or of selling pools, or purported pools, upon the result, or pur- ported result, of any trial, or purported trial, or contest, or purported contest, of skill, speed or power of endurance of man or beast, or between men, beasts, or mechanical appara- tus, or upon the result, or purported result, of any lot, chance, casualty, unknown or contingent event whatsoever; or 3. Who, whether for gain, hire, reward, or gratuitously, or otherwise, receives, holds, or forwards, or purports or pretends to receive, hold, or forward, in any manner what- soever, any money, thing or consideration of value, or the equivalent or memorandum thereof, staked, pledged, bet or wagered, or to be staked, pledged, bet or wagered, or offered for the purpose of being staked, pledged, bet or wagered, upon the result, or purported result, of any trial, or pur- ported trial, or contest, or purported contest, of skill, speed or power of endurance of man or beast, or between men, beasts, or mechanical apparatus, or upon the result, or pur- ported result, of any lot, chance, casualty, unknown or contingent event whatsoever ; or 4. Who, whether for gain, hire, reward, or gratuitously, or otherwise, at any time or place, records, or registers any bet or bets, wager or wagers, upon the result, or purported result, of any trial, or purported trial, or contest, or pur- ported contest, of skill, speed or power of endurance of man or beast, or between men, beasts, or mechanical apparatus, or upon the result, or purported result, of any lot, chance, casualty, unknown or contingent event whatsoever ; or 143 GAMING. § 337a 5. Who, being the owner, lessee or occupant of any room, shed, tenement, tent, booth, building, float, vessel, place, stand, inclosure or grounds, or any part thereof, whether for gain, hire, reward, or gratuitously, or otherwise, permits the same to be used or occupied for any purpose, or in any man- ner prohibited b}^ subdivisions 1, 2, 3 or 4 of this section; or &■. Who lays, makes, offers or accepts any bet or bets, or wager or wagers, upon the result, or purported result, of any trial, or purported trial, or contest, or purported contest, of skill, speed or power of endurance of man or beast, or between men, beasts, or mechanical apparatus. Is punishable by imprisonment in the county jail or state prison for a period of not less than thirty days and not ex- ceeding one year. This section shall apply not only to persons who may com- mit any of the acts designated in subdivisions 1 to 6 inclu- sive of this section, as a business or occupation, but shall also apply to every person or persons who may do in a single instance any one of the acts specified in said subdivisions 1 to 6 inclusive. [Amendment approved 1911; Stats. 1911, p. 4.] Legislation § 337a. 1. Added by Stats. 1909, p. 21, and then read: "Every person, who engages in pool-selling or book-making at any time or place; or who keeps or occupies any room, shed, tenement, tent, booth, or building, float or vessel, or any part thereof, or who occupies any place or stand of any kind, upon an}' public or pri.vate grounds within this state, with books, papers, apparatus or para- phernalia, for the purpose of recording or registering bets or wagers, or of selling pools, or who records or registers bets or wagers, or sells pools, upon the result of any trial or contest of skill, speed or power of endurance, of man or beast or between men or beasts, or upon the result of any lot, chance, casualty, unknown or con- tingent event whatsoever; or who receives, registers, records or forwards, or purports or pretends to receive, register, record or forward, in any manner whatsoever, any money, thing or considera- tion of value, bet or wagered, or offered for the purpose of being bet or wagered, by or for any other person, or sells pools, upon any such result; or who, being the owner, lessee, or occupant of any room, shed, tenement, tent, booth or building, float or vessel, or part thereof, or of any grounds within this state, knowingly permits the same to be used or occupied for any of these purposes, or therein keeps, exhibits, or employs any device or apparatus for the purpose of recording or registering such bets or wagers, or the selling of such pools, or becomes the custodian or depositary for gain, hire or reward of any money, property or thing of value, staked, wagered /or pledged, or to be wagered or pledged upon any such result; or who aids, assists or abets in any manner in any of the said acts, which are hereby forbidden, is punishable by imprisonment in a county jail or state prison for a period of not less than thirty days and not exceeding one year." 2. Amended by Stats. 1911, p. 4. § 339 1'i<:nal code. 114 CJlAI'TIOJi XL Pawnbrokers. § 338. Pawnbroking without license. § 339. Pawnbrokers, register to be kept. § 340. Pawnbrokers, wliat interest may charge. § 341. Selling before time of redemption has expired, or without notice. § 342. Refusing to disclose particulars of sale. § 343. Inspection of register by officer. § 344. Junk dealers, application of code sections to. Code commissioners' note to Chapter XI. ". . . Based upon the provisions of the act of April 17, 1861, relating to pawnbrokers. (Stats. 1861, p. 184.)" § 338. Pawntroking without license. Every person who carries on the business of a pawiibrolver, by receiving goods in pledge for loans at any rate of interest above the rate of ten per cent per annum, except by authority of a license, is guilty of a misdemeanor. Pledge from minor under sixteen: See post, § 501. Pledge: See Civ. Code, §§ 29S6-3011. Carrying on business without license: See post, §§ 379, 435. Legislation § 338. Enacted February 14, 1872 (Field's Draft, § 401, N. Y. Pen. Code, § 353); based on Stats. 1861, p. 184. § 339. Pawnbrokers, register to be kept. Every person who carries on the business of a pawnbroker, or who pur- chases gold bars, gold-quartz or gold bullion or mineral containing gold, who fails at the time of the transaction to enter in a register kept by him for that purpose, in the English language, the date, duration, amount, and rate of interest of every loan made by him, or an accurate descrip- tion of the property pledged, or estimated value of the prop- erty purchased, or the name and residence of the pledgor or seller, or to deliver to the pledgor or seller a written copy of such entry, or to keep an account in writing of all sales made by him, is guilty of a misdemeanor. [Amendment ap- proved 1909; Stats. 1909, p. 367.] This section applies to junk dealers: See post, § 344. Legislation § 339. 1. Enacted February 14, 1872 (based on Stats. 1861 p. 184, § 1), and then read: "Every person who carries on the business of a pawnbroker, who fails at the time of the transaction to enter in a register kept by him for that purpose, in the English language, the date, duration, amount, and rate of interest of every loan made by him, or an accurate description of the property pledged, or the name and residence of the pledgor, or to deliver to the pledgor a written copy of such entry, or to keep an account in writing of all sales made by him, is guilty of a misdemeanor." 2. Amended by Stats. 1909, p. 367; the act amending this section and § 343, post, contained a section reading, "Sec. 3. Providing 145 PAWNBROKERS. § 343 that nothiug in tliis act shall apjily to ])ers()iis or corjioratious iloiug a banking business in this state." § 340. Pawnbrokers, what interest may charge. Every pawn])roker who charges or receives interest at the rate of more than two per cent per month, or who by charging commissions, discount, storage, or other charge, or by com- pounding increases, or attempts to increase, such interest, is guilty of a misdemeanor. [Amendment approved 1881 ; Stats. 1881, p. 75.] Legislation § 340. 1. Enacted February 14, 1872 (based on Stats. 1S61, p. 184, § 3), and then had the words "four per cent" instead of "two per cent," as at present. 2. Amended by Stats. 1881, p. 75. § 341. Selling before time of redemption has expired, or without notice. Every paAvnbroker who sells any article pledged to him and unredeemed, until it has remained in his possession six months after the last day fixed by contract for redemption, or who makes any sale without publishing in a newspaper printed in the city, town, or county, at least five days before such sale, a notice containing a list of the articles to be sold, and specifying the time and place of sale, is guilty of a misdemeanor. Legislation § 341. Enacted February 14, 1872 (Field's Draft, § 403, N. y. Pen. Code, § 355); based on Stats. 1861, p. 184, § 4. § 342. Refusing to disclose particulars of sale. Every pawnbroker who willfully refuses to disclose to the pledgor or his agent the name of the purchaser and the price re- ceived by him for any article received by him in pledge and subsequently sold, or who, after deducting from the pro- ceeds of any sale the amount of the loan and interest due thereon, and four per cent on the loan for expenses of sale, refuses, on demand, to pay the balance to the pledgor or his agent, is guilty of a misdemeanor. This section applies to junk dealers: See post, § 344. Legislation § 342. Enacted February 14, 1872; based on Stats. 1861, p. 184. § 343. Inspection of register by officer. Every pawn- broker or person who purchases gold bullion, gold bars or gold-quartz or mineral containing gold, wlio fails, refuses, or neglects to produce for inspection his register, or to ex- hibit all articles received by him in pledge, or his account of sales, to any officer holding a warrant authorizing him to search for personal property or to any person appointed by the sheriff or head of the police department of any city, Pen. Code — 10 § 344 I'ENAIv CODE. 141) fily ;iii(l I'oiiiily oi' town, or ost, § 347:i. Legislation § 347. Enacted February 14, 1872; based on Field's Draft, § 405, N. Y. Pen. Code, § 358; also based on Stats. 1856, p. 131, § 3. The code commissioners say: "Founded upon § 3 of act of 185G, relative to offenses against the person (Stats. 1856, p. 131), and ex- tended to include cases deserving like punishment." § 347a. Poisonous substance, how sold and labeled. To whom sold. Entry of sale to be made. Penalty. Not to apply to prescriptions. No person must retail any arsenic, corrosive sublimate, hydrocyanic acid, cyanide of potassium, strychnia, essential oil of bitter almonds, opium, aconite, belladonna, conium, nux vomica, henbane, tansy, savin, ergot, cottonroot, digitalis, chloroform, chloral hydrate, or any preparation, comi^ound, salt, extract or tincture, of such sub- stances, except preparations of opium containing less than two grains to the fluid ounce, white precipitate, red precipi- tate, red and green iodides of mercury, colchicum, canthar- ides, oxalic acid, croton-oil, sulphate of zinc, sugar of lead, carbolic acid, sulphuric acid, muriatic acid, nitric acid, phos- phorus, or any preparation, compound, salt, extract, or tinc- ture, of such substances, without first distinctly labeling the bottle, box, vessel, or package, and the wrapper or cover thereof in which such substance is contained, with the com- mon or usual name thereof, together with the word "poison," and the name and place of business of the seller. Nor must any such sale be made to any person, unless it is found, on due inciuiry, that he is aware of its poisonous character, and that it is to be used for a legitimate purpose. Nor must any person retail any of such substances, unless, before deliver- ing the same, he makes, or causes to be made, in a book kept for that purpose only, an entry stating the date of the sale, the name and address, of the purchaser, the name and (luaiitity of the substance sold, the purpose for which it is stated by the purchaser to be required, and the name of the dispenser. Such book must always be open to inspection by the proper authorities. A person dispensing any of the sul; stances enumerated must ascertain, by due inquiry, whether the name and address given by the person receiving the same are his true name and address, and for that pur- pose may require such person to be identified. Every per- son who violates any of the provisions of this section is guilty of a misdemeanor, and punishable by a fine not ex- 149 OTHER INJURIES TO PERSONS. § 349a ceeding five hundred dollars or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. Nothing in this section contained ap- plies to the prescriptions of any physician authorized to practice medicine under the laws of this state. Legislation § 3-i7a. 1. Addition by Stats. 1901, p. -i'l'i; unconstitu- tional. See note, § 5, ante. 2. Added by Stats. 1905, p. 765; the code commissioner saying, "This is a codification of the statute of ISSO, p. 102." § 348. Mismanagement of steamboats. Every captain or other person having charge of any steamboat used for the conveyance of passengers, or of the boilers and engines thereof, who, from ignorance or gross neglect, or for the purpose of excelling any other boat in speed, creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler, or any apparatus or machinery connected therewith, liy which bursting or breaking human life is endangered, is guiltj^ of a felon3^ [Amendment ap- proved 1874; Code Amdts. 1873-74, p. 431.] Mismanagement of steam-boiler: See post, §§ 349, 368. Legislation § 348. 1. Enacted February 14, 1872 (based on Field's Draft, § 407, N. Y. Pen. Code, §§ 360, 361), and then had the word "misdemeanor" instead of "felony," at end of section. 2. Amended by Code Amdts. 1873-74, p. 431. 3. Amendment by Stats. 1901, p. 453; unconstitutional. See note, § 5, ante. § 349. Mismanagement of steam-boilers. Every engineer or other person having charge of any steam-boiler, steam- engine, or other apparatus for generating or employing steam, used in any manufactory, railway, or other mechani- cal works, who willfully, or from ignorance, or gross neglect, creates, or allows to be created, such an undue cpiantity of steam as to burst or break the boiler or engine, or apparatus, or cause any other accident Avhereby human life is endan- gered, is guilty of a felony. [Amendment approved 1874; Code Amdts. 1873-74, p. 431.] Mismanagement of steam-boiler: See ante, § 348; post, § 368. As to personal injuries, see Civ. Code, §§ 43, 1708, 1714, 1969- 1971, 2096, 2100. Legislation § 349. 1. Enacted February 14, 1872 (based on Field's Draft, §408, N. Y. Pen. Code. § 362), and then had the word "mis- demeanor" instead of "felony," at end of section. 2. Amended by Code Amdts. 1873-74, p. 431. § 349a. Misrepresenting kind of labor employed in pro- ducing goods. Penalty. Any person engaged in the pro- duction, manufacture, or sale of any article of merchandise in this state, who, by any imi)rint. label, trade-mark, tag. § 349b PENAL CODE. 150 stiinip, ov ollici" ins('ri{)tion or (U^vicc, jjlaced or iiiij)r(;ssed upon such article, or upon the cask, box, ease, or paelca^e eontaiuiiiy the same, misrepresents or falsely states the kind, character, or nature of the labor employed or used, or the extent of the labor employed or used, or the number or kind of persons exclusively employed or used, or that a particular or distinctive class or character of laborers was wholly and exclusively employed, when in fact another class, or char- acter, or distinction of laliorers was used or employed either jointly or in any wise supplementary to such exclusive class, character, or distinction of laborers, in the production or manufacture of the article to which such imprint, label, trade-mark, tag, stamp, or other inscription or device is affixed, or upon the cask, box, case or package, containing the same, is guilty of a misdemeanor, and punishable by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail for not less than twenty nor more than ninety days, or both. [Amendment approved 1911; Stats. 1911, p. 357.] Legislation § 349a. 1. Addition by Stats. 1901, p. 454; uneonsti- tutioual. See note, § 5, ante. 2, Added by Stats. 1905, p. 669; the code commissioner saying, "This is a codification of the statute of 1886-87, p. 17." 3. Amended by Stats. 1911, p. 357. The former section applied only to articles made "in whole or in part in this state" and the mininmm fine was fifty dollars. § 349b, Use of registered trade-mark. Any trade union, labor association, or labor organization, organized and ex- isting in this state, whether incorporated or not, which shall have adopted and registered a label or trade-mark in accord- ance with the provisions of section three thousand two hundred of the Political Code, shall have the exclusive right to the ownership, use and control of such label or trademark, and any person who, without having an unre- voked written authority from such trade union, labor asso- ciation or labor organization, willfully reproduces, copies, imitates, forges or counterfeits, or procures to be repro- duced, copied, imitated, forged or counterfeited such label or trade-mark, with intent to sell or to assist other persons to sell, any goods to which such reproduced, copied, imi- tated, forged, or counterfeited label or trade-mark is affixed as having been made, manufactured or produced in whole or in part by labor, laborers or employees, members of or allied or associated with such trade union, labor associa- tion or labor organization, is guilty of a misdemeanor, and punishable by a fine of not more than five hundred dollars 151 OTHER INJURIES TO PERSONS. § 350 or by imprisonment in the county jail for not more than ninety days, or by both such line and imprisonment.- Legislation § 349b. Added by Stats. 1915, p. 816. § 349c. Misrepresentations regarding" employment of union labor. Any person engaged in the j^roduction, manu- facture or sale of any article of merchandise in this state, or any person engaged in the performance of any acts or services^of a private, public or quasi-public nature for profit, who willfully misrepresents or falsely states that members of trades unions, labor associations or labor organizations were engaged or employed in the manufacture, production or sale of such article or in the performance of such acts or services, when in fact labor, laborers or employees not members of trades unions, labor associations or labor or- ganizations were exclusively used in the manufacture, pro- duction or sale of such articles or in the performance of such acts or service, shall be guilty of a misdemeanor, and punishable by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment. Legislation § 349c. Added by Stats. 1915, p. 816. § 350. Counterfeiting trade-marks. Every person who willfull}^ reproduces, copies, imitates, forges, or counter- feits, or procures to be reproduced, copied, imitated, forged, or counterfeited, any trade-mark usually affixed by anj^ per- son to his goods, which has been duly recorded in the office of the secretary of state, or with the commissioner of patents in the United States patent-office, or any label or brand, composed in whole or in part of a reproduction of said trade-mark, or who affixes the same to goods of essentially the same descriptive properties and qualities as those re- ferred to in the registration of such trade-mark, with intent to pass off, or to assist other persons to pass off, any goods to which such reproduced, copied, imitated, forged, or coun- terfeited trade-mark, or label, or brand is affixed, or in- tended to be affixed, as the goods of the person, firm, com- pany, or corporation owning the said trade-mark, is guilty of a misdemeanor. [Amendment approved 1897 ; Stats. 1897, p. 212.] Fraud in stamping and labeling produce and manufactured goods, prevention of: See ante, § o49a. Trade-marks: See Civ. Code, §§655, 991; Pol. Code, §§ 3196-3201. Legislation § 350. 1. Enacted February 14, 1872; (Field's Draft, § 410, N. Y. Pen. Code, § 364.) The code commissioners say: "This and the three succeeding sections are based on the act of March 3, 1853. (Stats. 1853. p. 33.) TheH- object is the protection of the § 352 PENAL CODK. 152 purchaser as well as the iiKiiuifacturer, and for this reason include within their scope everything that falls within the broadest defi- nition of 'iratle-niark.' The roniiiining soi'tions of this cliapter. relative to trade-marks, arc based upon the act of April 3, 1863 (Stats. 1SG3, p. 155), and are limited in their operation to the statu- tory trade-marks, etc. (N. Y. Pen. Code, [Field's Draft,} §§ 410, 412)." When enacted in 1872, § 350 read: "Every person who will- fully forges or counterfeits, or procures to be forged or counter- feited, any trade-mark usually affixed by any person to his goods, with intent to pass off any goods to which such forged or counter- feited trade-mark is affixed or intended to be affixed, as the goods of such person, is guilty of a misdemeanor." 2. Amended by Stats. 1885, p. 57, adding, after "to his goods," the words "which has been duly recorded in the office of the secre- tary of state." 3. Amended by Stats. 1897, p. 212. § 351. Selling goods which tear counterfeit trade-marks. Every person Avho sells, or keeps for sale, or maniifaetures or prepares, for the purpose of sale, any goods npon or to which any reproduced, copied, imitated, forged, or counter- feited trade-mark, or label, or brand, composed in -whole or in part of such a reproduced, copied, imitated, forged, or counterfeited trade-mark, has been affixed, after such trade- mark has been recorded in the office of the secretary of state, or with the commissioner of patents in the United States patent-office, intending to represent such goods as the genuine goods of the person, firm, company, or corporation owning the said trade-mark, knowing the same to be repro- duced, copied, imitated, forged, or counterfeited, is guilty of a misdemeanor. [Amendment approved 1897 ; Stats. 1897, p. 213.] Genuineness of trade-mark warranted by sale of article beaming it: Civ. Code, § 1772. Legislation § 351. 1. Enacted February 14, 1872 (based on Field's Draft, §412, N. Y. Pen. Code, §364), and then read: "Every person who sells or keeps for sale any goods upon or to which any counter- feited trade-mark has been affixed, intending to represent such goods as the genuine goods of another, knowing tlie same to be counter- feited, is guilty of a misdemeanor." 2. Amended by Stats. 1885, p. 57, adding, after "has been affixed," the words "after such trade-mark has been recorded in the office of the secretary of state." 3. Amended by Stats. 1897, p. 213. § 352. Definition of the phrase "counterfeited trade- marks," etc. The phrases "forged trade-mark" and "coun- terfeited trade-mark," or their equivalents, as used in this chapter, include every alteration or imitation of any trade- mark so resembling the original as to be likely to deceive. Legislation § 352. Enacted February 14, 1872. 153 OTHER INJURIES TO PERSONS. §3541/2 §353. "Trade-mark" defined. The phrase "trade-mark," as used in the three [four] preceding sections, includes every description of word, letter, device, emblem, stamp, im- print, brand, printed ticket, labe.l, or wrapper iisually affixed by any mechanic, manufacturer, druggist, merchant, or tradesman, to denote any goods to be goods imported, manu- factured, produced, compounded, or sold by him, other than any name, word, or expression generally denoting any goods to be of some particular class or description. Legislation § 353. Enacted February 14, 1872; based on Field's Draft, § 414 (26 Vict., c. Ixxxviii, § 1), N. Y. Pen. Code, § 366. § 354. Refilling casks, etc., bearing trade-mark. Every person who has in' his possession, o'" who uses any cask, bottle, vessel, case, cover, label, brand, or other thing bear- ing, or having in any way connected with it, the trade-mark of another, which has been duly recorded in the office of the secretary, of state, or with the commissioner of patents in the United States patent-office, or the trade name of an- other, for the purpose of disposing of any article other than that which such cask, bottle, vessel, case, cover, label, brand, or other thing originally contained, or is connected with by the owner of such trade-mark or trade name, with intent to deceive or defraud, is guilty of a misdemeanor. [Amend- ment approved 1897; Stats. 1897, p. 213.] Counterfeiting trade-marks: Ante, §§350, 351. Legislation § 354. 1. Enacted February 14, 1872 (based on Stats. 1863, p. 155, § 6), and then read: "Every person who has or uses any cask, bottle, vessel, case, cover, label, or other thing bearing or having in any way connected with it the duly filed trade-mark or name of another, for the purpose of disposing with intent to deceive or defraud of. any article other than that which such cask, bottle, vessel, case, cover, label, or other thing originally contained or was connected with by the owner of such trade-mark or name, is guilty of a misdemeanor." 2. Amended by Stats. 1897, p. 213. § 3541/2- Selling or refilling casks, etc., containing trade- mark. Every person Avho willfully sells, or traffics in any cask, keg, bottle, vessel, siphon, can, case, or other package l:)earing the duly filed trade mark or name of another, printed, branded, stamped, engraved, etched, blown, or otherwise attached or produced thereon, or refills any such cask, keg, bottle, vessel, siphon, can, case, or other package with intent to defraud the owner thereof, without the con- sent of the owner thereof, or unless the same shall have been purchased from the owner thereof, is guilty of a misde- meanor. § 357 PJCNAL CODE, 154 Legislation § 3541/2. 1- Added^by Stafs. 1899, p. 103. 2. Amendment by Stats. 1901, p. 454, the only change made being to renumber the section H'iJa; unconstitutional. See note. § 5, ante. § 354%. Destroying or defacing trade-mark. P^very per- son who shall willfully deface, erase, obliterate, cover up, or otherwise remove, destroy, or conceal the duly filed trade- mark or name of another, printed, branded, stamped, en- graved, etched, blown, impressed, or otherwise attached to, or produced upon any cask, keg:, bottle, vessel, siphon, can, case, or other package, for the purpose of selling or traffick- ing in such cask, keg, bottle, vessel, siphon, can, case, or other package, or refilling such cask, keg, bottle, vessel, siphon, can, case, or other package, with intent to defraud the owner thereof, without the consent of the owner, or un- less the same shall have been purchased from the owner, is guilty of a misdemeanor. Legislation §3543/4. 1. Added by Stats. 1899, p. 87. 2. Amendment by Stats. 1901, p. 454, the only change made being to renumber the section 354b; unconstitutional. See note, § 5, ante § 355. Defacing marks upon wrecked property and de- stroying bills of lading. Every person who defaces or ob- literates the marks upon wrecked property, or in any man- ner disguises the appearance thereof, with intent to prevent the owner from discovering its identity, or who destroys or suppresses any invoice, bill of lading, or other document tending to show the ownership, is guilty of a misdemeanor. Wrecks and wrecked property: Pol. Code, §§ 2403 et seq. Legislation § 355. Enacted February 14, 1872; identical with Field's Draft, § 420, N. Y. Pen. Code, § 372. § 356. Defacing marks upon logs, lumber, or wood. Every person Avho cuts out, alters, or defaces any mark made upon any log, lumber, or wood, or puts a false mark thereon with intent to prevent the owner from discovering its iden- tity, is guilty of a misdemeanor. Floating lumljer: Pol. Code, §§ 2389 et seq. Legislation § 356. Enacted February 14, 1872; based on Field's Draft, § 421, N. Y. Pen. Code, § 373. § 357. Changing or defacing marks or brands on domes- tic animals. Penalty. Every person who marks or brands, alters, or defaces the mark or brand of anj- horse, mare, colt, jack, jennet, mule, bull, ox, steer, cow^, or calf belonging to another, with |ntent thereby to steal the same, or to prevent identification thereof by the true owner, is punishable by imprisonment in the state's prison for not less than one nor more than five years. [Amendment approved 1901 ; Stats. 1901, p. 329.] 155 OTHER INJURIES TO PERSONS. § 360 Marks and brands: Pol. Code, §§ 3167-3172, 31S2-31So. Legislation § 357. 1. Enacted February 11, 1872; based on Crimes and Piiuishinent Act, Stats. 1850, p. 235, § 65, whicli read: "§65. Every person who shall mark or brand, alter or deface the mark or brand of any horse, mare, colt, jack, jennet, mule, or any one or more head of neat cattle or sheep, goat, hog, shoat, or pig, not his or her own property, but belonging to some other person, or cause the same to be done, with intent thereby to steal the same, or to prevent identification thereof by the true owner, shall, on conviction thereof, be punished by imprisonment in the state prison for a term not less than one year, nor more than five years." When enacted in 1872, the section contained the names of other animals, after "calf," to wit, "sheep, goat, hog, shoat or pig." 2. Amended by Stats. 1901, p. 329. § 3571/2- Changing or defacing brands on domestic ani- mals, a misdemeanor. Every person who marks or brands, alters or defaces the mark or brand of any sheep, goat, hog, shoat, or pig belonging to another, with intent thereby to steal the same, or to prevent identification thereof by the tn^e owner, is guilty of a misdemeanor. Legislation § 3571/2. Added by Stats. 1901, p. 327, becoming a law, under constitutional provision, without governor's approval. § 358. Frauds in affairs of special partnership. Every member of a special partnersliip who commits any fraud in the affairs of the partnership, is guilty of a misdemeanor. Special partnership: See Civ. Code, §§ 2477 et seq._ Legislation § 358. Enacted February 14, 1872; based on Field's Draft, § 423, N. Y. Pen. Code, § 375. § 359. Contracting or solemnizing incestuous or forbid- den marriages. Every person authorized to solemnize mar- riage, who willfully and knowingly solemnizes any incestu- ous or other marriage forbidden by law, is punishable by fine of not less than one hundred nor more than one thou- sand dollars, or by imprisonment in the county jail not less than three months nor more than one year, or by both. Incestuous marriage defined: See Civ. Code, § 59. Pimishment of parties to incestuous marriage: See ante, § 285. Legislation § 359. Enacted February 14, 1872 (Field's Draft, § 424, N. Y. Pen. Code, § 376); based on Stats. 1850, p. 424, §§ 2, 3, 4. § 360. Performing marriage ceremony before license is presented. Failure to record license and marriage certifi- cate. False record of marriage return. Every person au- thorized to solemnize any marriage, who solemnizes such marriage without first being presented with the marriage license, as required by section seventy-two of the Civil Code of this state, or who willfully makes a false return of any marriage or pretended marriage to the recorder; or who, § 363 PENAL CODE. 15b liaviii.u solciiini/cd a iiiarriaj-ic, I'ails for iiioi-c than lliirty da.ys. to lilo with sucli i-eeorder tlie inarria'je license with the certiiieate iiuloi'sed thereon, as ve(|uii'ed by sections seventy- three and seventy-four of the Civil Code of this state; and every person who willfully makes a false record of any mar- riage return, is punishable as provided in the preceding section. [Amendment approved 1905; Stats. 1905, p. 669.] Certificate of marriage: Civ. Code, § 73. Recording certificate of marriage: Civ. Code, § 74. Person authorized to solemnize marriage: Civ. Code, § 70. Legislation § 360. 1. Enacted February 14, 1872; based on Stats. ISoO, p. 42.", § 11, which read: "§ 11. If any person authorized to solemnize any marriage, shall willfully make a false return of any marriage, or pretended marriage, to the recorder, or if the recorder shall willfully make a false record of any return of a marriage, he shall be deemed guilty of a misdemeanor, and shall be punished by fine not less than one hundred nor more than ten thousand dollars, and by imprisonment of not less than three months nor more than ten years." When enacted in 1872, § 360 read: "Every person au- thorized to solemnize any marriage, who willfully makes a false return of any marriage or pretended marriage to the recorder, and every person who willfully makes a false record of any marriage return, is punishable as provided in the preceding section." 2. Amendment by Stats. 1901, p. 454 j unconstitutional. See note § 5, ante. 3. Amended by Stats. 1905, p. 669; the code commissioner saying, "The change consists of the clause making it criminal to solemnize a marriage without being first presented with a marriage license, and the clause making it criminal to fail to file for record the mar- riage license and the certificate of marriage. The last of these amendments, besides being otherwise proper, is necessary in order to give effect to the amendment to § 79a of the Civil Code, which provides that a license must be procured in every case, and regard- less of w^hether the parties are, or are not, members of some par- ticular religious denomination having, as such, some peculiar mode of celebrating marriage." § 361. Cruel treatment of lunatics, etc. Every person guilty of any harsh, cruel, or unkind treatment of, or any neglect of duty towards, any idiot, lunatic, or insane person, is guilty of a misdemeanor. Legislation § 361. Enacted February 14, 1872; based on Field's Draft, § 425, N. Y. Fen. Code, § 377. § 362. Refusing- to issue or obey writ of habeas corpus. Every oiBcer or person to whom a writ of habeas corpus may be directed, who, after service thereof, neglects or re- fuses to obey the command thereof, is guilty of a misde- meanor. Legislation § 362. Enacted February 14, 1872; based on Habeas Corpus Act, Stats. 1850, p. 334, §§ 9, 39. § 363. Reconfining persons discharged upon writ of habeas corpus. Every person n^ho.. cither solely or as mem- 157 OTHER INJURIES TO PERSONS. § 366 ber of a court, kuowingiy and unlawfully recommits, im- prisons, or restrains of his liberty, for the same cause, any person who has been discharged upon a writ of habeas corpus, is guilty of a misdemeanor. False imprisonment; See ante, § 236. Habeas corpus, writ of: Post, §§ 1473 et seq. Legislation § 363. Enacted February 14, 1872; based on Habeas Corpus Act, Stats. 1S50, p. 334. The code commissioners say: "The word 'unlawfully' is inserted to exclude from the operation of the section a class of cases in which persons discharged may be rear- rested or recommitted for the same offense." § 364. Concealing persons entitled to benefit of habeas corpus. Every person having in his custody, or under his restraint or power, any person for whose relief a writ of habeas corpus has been issued, v/ho, with the intent to elude the service of such writ or to avoid the effect thereof, trans- fers such person to the custody of another, or places him under the power or control of another, or conceals or changes the place of his confinement or restraint, or removes him without the jurisdiction of the court or judge issuing the writ, is guilty of a misdemeanor. Habeas corpus: See chapter concerning the writ of, post, §§ 1473 et seq. Legislation § 364. Enacted February 14, 1872 (Field's Draft, § 428, N. Y. Pen. Code, §3S0); based on Habeas Corpus Act, Stats. 1850, p. 337, § 39. § 365. Innkeepers and carriers refusing" to receive guests and passengers. Every person, and every agent or officer of any corporation eariying on business as an innkeeper, or as a common carrier of passengers, who refuses, without just cause or excuse, to receive and entertain any guest, or to receive and carry any passenger, is guilty of a misdemeanor. Common carriers of passengers: Civ. Code, §§ 2168-2176, 2180- 2191. Innkeepers: Civ. Code, §§ 1859 et seq. Act punishing refusal to sell ticket: See post, Appendix, tit. "Emigration." Legislation § 365. 1. Enacted February 14, 1872; identical with Field's Draft, § 429, N. Y. Pen. Code, § 381. 2. Amendment by Stats. 1901, p. 454; unconstitutional. See note, § 5, ante. § 366. Counterfeiting quicksilver stamps. Every person who counterfeits, or who willfully uses the counterfeited seal or stamp of any person engaged in manufacturing or selling quicksilver, is guilty of a felony. Counterfeiting trade-marks: See ante, §§ 350 et seq. Legislation § 366. Enacted February 14, 1872. § 3()7c I'ENAL CODE. 158 § 367. Selling debased quicksilver. Every person wlio willfully sells, or offers for sale as pure, any debased or adulterated qnieksilver, is guilty of a misdemeanor. Frauds in stamping and labeling produce and goods: See ante, §§ ;'.4n:i et seq. Legislation § 367. Enacted February 14, 1872. § 367a. Unauthorized use of dramatic or musical compo- sitions. Any pei'son who causes to be publicly performed or represented for profit any unpublished or undedicated dra- matic composition or dramatic-musical composition known as an opera, without the consent of its owner or proprietor, or who. knowing that such dramatic or musical composition is unpublished or undedicated, and without the consent of its owner or proprietor, permits, aids, or takes part in such a performance or representation, or who sells a copy or a substantial copy of any unpublished, undedicated or copy- righted dramatic composition or musical or dramatic-musi- cal composition, known as an opera, without the consent of the author or proprietor of such dramatical or dramatic- musical composition shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than fifty (50) dollars, and not more than three hundred (300) dol- lars, or be imprisoned for not less than thirty (30) days [in] or more than three (3) months, or both such fine and imprisonment. Legislation § 367a. Added by Stats. 1905, p. 248. § 367b. Hazing, a misdemeanor. Whosoever being a student, or being a person in attendance at any public, pri- vate, parochial, or military school, college, or other educa- tional institution, conspires to haze or engages in hazing or commit any act that injures, degrades or disgraces, or tends to injure, degrade, or disgrace any fellow-student or person attending such institution shall be guilty of a misdemeanor, and upon conviction shall be fined not less than fifty nor more than five hundred dollars, or imprisoned in the county jail not more than six months, or both. Legislation § 367b. Added by Stats. 1907, p. 8SS. § 367c. Duty of drivers in vehicles in collision. Penalty. Whenever an automobile, motorcycle, or other motor vehi- cle, or any vehicle whatsoever, regardless of the power by which the same may be propelled or drawn, strikes any per- son, or collides with any vehicle containing a person, the driver of, and all persons in, such automobile, motorcycle or other motor vehicle, or other vehicle, who have or assume 159 OTHER INJURIES TO PERSONS. § 367d authority over such driver, shall immediately cause such automobile, motorcycle, or other motor vehicle, or other vehicle, to stop, and shall render to the person struck, or to the occupants of the vehicle collided with, all necessary assistance including the carrying of such person or occu- pant to a physician or surgeon for medical or surgical treat- ment, if such treatment be required, or if such carrying is requested by the person struck or the occupant of the vehi- cle struck ; and such driver, and person having or assuming authority over such driver, shall further give to the occu- pants of such vehicle or person struck, the number of such automobile, motorcycle, or other motor vehicle, if the same have a number, together with the name and address of the driver of such automobile, motorcycle or other motor vehi- cle, or other vehicle, also the name of the owner thereof and the name of the passenger ; or passengers not exceeding five in such automobile, mortorcycle, or other motor vehicle, or other vehicle at the time of such striking or collision. Any person violating any of the provisions of this section is punishable by imprisonment in the state prison not exceed- ing five years or in the county jail not exceeding one year, or by fine not exceeding five thousand dollars, or by both such fine and imprisonment. [Amendment approved 1913 ; Stats. 1913, p. 218.] Legislation § 367c. 1. Added by Stats. 1911, p. 62, and then read: "Whenever an automobile, motorcycle, or other motor vehicle strikes any person, or collides with any vehicle containing a person, the driver of, and all persons in, such automobile, motorcycle, or other motor vehicle who have or assume authority over such driver, shall immediately cause such automobile, motorcycle or other motor vehi- cle to stop, and shall forthwith render to the person struck, or to the occupants of such vehicle, all needed assistance, including the carrying of such person or occupant to a physician or surgeon for medical or surgical treatment, if such treatment seems to be re- quired, or if such carrying is requested by the person struck or occupying such vehicle; and such driver and person having or assum- ing authority over him, shall forthwith give to the occupants of such vehicle or person struck, the number of such automobile, motor- cycle or other motor vehicle, with the name and address of t^e driver and of each person in such automobile, motorcycle or other motor vehicle, at the time of such striking or collision. Any person violating any provision of this section is punishable by imprison- ment in the state prison not exceeding five years, or in the county jail not exceeding one year, or by fine not exceeding five thousand dollars, or by both such fine and imprisonment." 2. Amended by Stats. 1913, p. 218. § 367(1. Driving' automobile while intoxicated. Any per- son operating or driving an automobile, motorcycle or other motor vehicle who becomes or is intoxicated Avhile so en- § 367e PENAL CODE. IGO gaged ill operating or driving sucli automobile, motorcycle or other motor vehicle shall be guilty oi" a misdemeanor. Legislation § 367d. Added by Stats. 1911, p. 90. § 367e. Intoxicated automobile driver committing acts of negligence. Any person operating or driving an automobile, motorcycle or other motor vehicle who becomes or is in- toxicated while so engaged in operating or driving such automobile, motoreA'cle or other motor vehicle, and who l)y reason of such intoxication does any act, or neglects any duty imposed by law, which act or neglect of duty causes the death of, or bodily injury to, any person, shall be punish- able by imprisonment in the state's prison not exceeding five years, or in the county jail not exceeding one year, or by fine not exceeding five hundred dollars, or by both such tine and imprisonment. Legislation § 367e. Addod by Stnts 1911, p. 288. 161 CRIMES AGAINST PUBLIC HEALTH AND SAFETY. TITLE X. Crimes against the Public Health and Safety. § 368. Death from explosions, etc. § 36Sa. Hatch-tender for ships of fifty tons capacity. Penalty. § 369. Death from collision on railroads. § 369a. Street cars and dummies to be supplied with proper brakes and fenders. § 369b. Eailroad companies transporting cattle, etc., confined in ears longer than a certain time without unloading and feeding. Charges a lien upon animals. § 369c. Obstructing highways by train of cars. [Unconstitutional ad- dition.] § 369d. Closing of gates at railroad crossings. § 369e. Animals feeding along railroad tracks. § 369f. Eailroad employee intoxicated while on duty. § 369g. Driving vehicles along track of railroad. § 370. "Public nuisances" defined. § 371. Unequal damage. § 372. Maintaining a nuisance, a misdemeanor. § 372a. Spitting prohibited, where. § 373. Establishing or keeping pest-houses within cities, towns, or villages. § 373a. Public nuisance. Penalty. § 374. Dead animals in streets, etc. Pollution of waters. Penalty. § 374J. Discharging coal-tar, or similar products, in navigable waters. [Repealed.] § 374a. Unlawful to dump garbage, etc., in navigable waters or in Pacific Ocean. § 375. Keeping gunpowder, etc., unlawfully. § 375a. Record of sale of explosives. § 376. Violation of quarantine laws by master of vessel. § 377. Willful violation of health laws. § 377a. State board of health, violation of rules of, relating to quar- antine, etc. § 377b. State board of health, violation of rules of, relating to pollu- tion of water. § 377c. State board of health, violation of rules of, relating to pollu- tion of ice. § 378. Neglecting to perform duties under health law. § 379. Unlicensed piloting. § 380. Apothecary omitting to label drugs, or labeling them wrong- fully, etc. § 381. Putting extraneous substances in packages of goods usually sold by weight, with intent to increase weight. § 381a. Penalty for rendering inaccurate, incorrect, or false tests as to dairy products. § 381b. State dairy bureau. Duty of, relating to the enforcement of the law on false tests of dairy products. § 382. Adulterating food, drugs, liquors, etc. § 383. Sale of adulterated or tainted food, or drink or drug. "Drug" defined. "Food" defined. Drugs deemed to be adulter- ated. Food deemed to be adulterated. § 383a. Sale of process or renovated butter. § 384. Penalty for violating act for prevention of fires. Pen. Code — H § 368 PENAIv CODE. lo2 § 3S4a. Keeping firos within certain limits. [Repealed.] § 384b. Camp-fire. | Repealed.] . § .184e. Animals injured by persons luinting. § 385. Obstructing attempts to extinguisli fires. § 386. Maintaining bridge or ferry without authority. § 387. Violating condition of undertaking to keep ferry. § 388. Hiding or driving faster than a walk on toll-bridges. § 389. Crossing bridge, etc., without paying toll. § 390. Engineer of locomotive-engine omitting to ring bell when crossing highway. § 391. Intoxication of engineers, conductors, or drivers of locomotives or cars. § 392. Placing passenger-cars in front of freight-cars. § 393. Violation of duty by employees of railroad companies. § 394. Exposing person infected with any contagious disease in a public place. § 395. Frauds practiced to affect the market price. § 396. Racing upon highways. § 397. Sale of liquor to habitual drunkards or Indians forbidden. § 397a. Furnishing liquor to persons addicted to inordinate use thereof. [Unconstitutional addition.] § 397b. Liquors, selling of, to minors. Permitting minor to visit saloons. Not to apply to parents. § 397c. Sale of liquors between 2 and 6 a. m. prohibited. § 398. Selling firearms and ammunition to Indians. [Repealed.] § 399. Death from mischievous animals. § 400. Exhibiting deformities, § 401. Aiding in suicide. § 401a. Cubic feet of space in rooms. § 402. Sale or exposure of animals having glanders, a misdemeanor. § 402a. Adulteration of candies. § 402b. Diseased animal to be killed. § 402e. Unsafe scaffolding, ladders, etc. § 402d. Animals affected with contagious diseases to be kept within inclosure. § 402e. Infectious diseases must be reported. § 402e. Laundry from hospitals. § 368. Death from explosions, etc. Every person having charge of any steam-boiler or steam-engine, or other appara- tus for generating or employing steam, used in any manu- factory, or on any railroad, or in any vessel, or in any kind of mechanical work, who willfully, or from ignorance or neglect, creates, or allows to be created, such an undue quan- tity of steam as to burst or break the boiler, engine, or ap- paratus, or to cause any other accident whereby the death of a human being is produced, is punishable by imprison- ment in the state prison for not less than one nor more than ten years. Mismanagement of steam-boilers: See ante, §§ 348, 349, Act to protect life and property against careless use of explo- sives: See post. Appendix, tit. "Explosives." Record of sale of explosives: See post, § 375a. Legislation § 368, Enacted Februjiry 14, 1872. 163 CRIMES AGAINST PUBLIC HEALTH AND SAFETY. § 369a § 368a. Hatch-tender for ships of fifty tons capacity. Penalty, Any person, firm or corporation engaged in the business of loadino; or unloading ships or vessels, or who contracts to load or unload a ship or vessel, or who shall be in charge of a ship or vessel while the same is being loaded or unloaded, or who is authorized to load or unload any ship or vessel, having a carrying capacity of fifty tons or greater, shall employ and supply upon every ship or vessel while being loaded or unloaded, a person over the age of twenty-one years to act as signalman or hatch-tender whose sole duty it shall be to observe the operations of loading or unloading of each working hatch on such ship or vessel, and to warn all persons engaged in the operation of loading or unloading of any possibility of any injury to any of the articles of which the cargo is composed, or of danger to any person engaged or being in or about the said ship or vessel while the same is being loaded or unloaded as aforesaid. Any person, firm, or corporation violating the provisions of this act is guilty of a misdemeanor. Legislation § 368a. Added by Stats. 1913, p. 54.3. § 369. Death from collision on railroads. Every conduc- tor, engineer, brakeman, switchman, or other person having charge, wholly or in part, of any railroad, car, locomotive, or train, who willfully or negligently suffers or causes the same to collide with another car, locomotive, or train, or with any other object or thing whereby the death of a human being is produced, is punishable by imprisonment in the state prison for not less than one nor more than ten years. Legislation § 369. Euacted February 14, 1872. § 369a. Street cars and dummies to be supplied with proper brakes and fenders. Any person, company, or cor- poration, operating cars on the streets of cities or towns, or on the county roads within the state, for the conveyance of passengers, propelled by means of wire ropes attached to stationary engines, or py electricity or compressed air, who runs, operates, or uses any car or dummy, unless each car and dummy, while in use, is fitted with a brake capable of bringing such car to a stop within a reasonable distance, and a suitable fender, or appliance placed in front or attached to the trucks of such dummy or car, for the purpose of re- moving and clearing obstructions from the track, and pre- venting any obstacles, obstructions, or person on the track from getting under such dummy or ear, and removing the same out of danger, and out of the way of such dummy or § 369d PENAL CODE. 164 oar, is yuilty ol' a iiiisdumeaiior. Where the boai'd of super- visors of any county, or tlie city council or other i^'overning body of any city, by ordinance, order, or resolution, pre- scribes the fender or brake to be used as aforesaid, then a compliance with such ordinance, order, or resolution must be deemed a full compliance with the provisions of this section. Legislation § 360a. 1. Addition by Stiits. 1901, p. 4.;4; unconstitu- tional. See note, § 5, ante. 2. Added by Stats. 1905, ji. TOG; the code commissioner saying, "This is a codification of the statute of 1899, p. 183." § 369b. Railroad companies transporting cattle, etc., confined in cars longer than a certain time without unload- ing- and feeding. Charges a lien upon animals. Any officer, agent or conductor of any company or person operating any railroad in this state, who in carrying and transporting cattle, sheep, or swine in car-load lots, confines the same in cars for a longer period than thirty-six consecutive hours, without unloading for rest, water and feeding, for a period of at least ten consecutive hours, is guilty of a misdemeanor. In estimating such time of confinement, the period during which the animals have been confined without such rest on connecting roads from which the}^ are received, must be computed. In case the owner or person in charge of such animals refuses or neglects to pay for the care and feed of animals so rested, the company or person operating such railroad may charge the expense thereof to the owner or consignee and retain a lien upon the animals therefor until the same is paid. Legislation § 369b. 1. Addition by Stats. 1901, p. l.j.j; unconstitu- tional. See note, § 5, ante. 2. Added by Stats. 1905, p. 672; the code commissioner saying, "This is a codification of § 2 of chapter 3 of the statute of 1877-78. p. 969." § 369c. Obstructing highways by train of cars. Legislation § 369c. Addition by Stats. 1901, p. 455, and was de- signed to prohibit the obstruction of highways by freight trains; unconstitutional. See note, § 5, ante. § 369d. Closing of gates at railroad crossings. Any per- son who enters upon or crosses any railroad, at any private passway, which is inclosed by bars or gates, and neglects to leave the same securely closed after him, is guilty of a mis- demeanor. Legislation § 369d. 1. Addition by Stats. 1901, p. 4.35; unconsti- tutional. See note, § 5, ante. 2. Added bv Stats. 1905, p. 766; the code commissioner saving in his note to §§ 369d, 369e, 369f, "Codification of §§4, 5, and 6 of ciiapter 3 of the statute of 1877-78, p. 969." 165 CRIMES AGAINST PUBLIC HEALTH AND SAFETY. § 370 § 369e. Animals feeding along railroad tracks. Any per- son who leads, drives, or conducts any beast along the track of a railroad, except where the railroad is built within the limits of a public highway, or who places, or having the right to prevent it, suffers any animal to l:ie placed within the fences thereof for grazing or other purposes, is guilty of a misdemeanor. Legislation § 369e. 1. Addition by Stats. 1901, p. 456; unconstitu- tional. See note, § 5, ante. 2, Added by Stats. 1905, p. 767. See ante. Legislation § 369d, for code commissioner's note. § 369f . Railroad employee intoxicated while on duty. Any person eraplojaxl upon any railroad as engineer, con- ductor, baggage-master, brakeman, switchman, fireman, bridge-tender, flagman, or signalman, or having charge of the regulation or running of trains upon such railroad, in any manner whatever, who becomes or is intoxicated while engaged in the discharge of his duties, is guilty of a misde- meanor; and if any person so employed as aforesaid, by reason of such intoxication, does any act, or neglects any duty, which act or neglect causes the death of, or bodily in- jury to. any person or persons, he is guilty of a felony. Intoxication of railroad employees: See post, § 391. Legislation § 369f. 1. Addition by Stats. 1901, p. 456; unconstitu- tional. See note, § 5, ante. 2. Added by Stats. 1905, p. 767. See ante, Legislation § 369d, for code commissioner's note. § 369g. Driving vehicles along track of railroad. Any person who rides, drives, or propels any vehicle upon and along the track of any railroad, through or over its private right of way, without the authorization of its superintendent or other officer in charge thereof, is guilty of a misdemeanor. Legislation § 369g. Added by Stats. 1905, p. 767; the code com- missioner saying, "The purpose of the section is to prevent persons without right, going upon and along a railroad track when it lies upon the private right of way of the owner, with a bicycle or other vehicle, thus creating liability to collision and endangering their own lives and those of persons upon passing trains." An uncon- stitutional § 369g was enacted by Stats. 1901, p. 456 (code commis- sioners' addition), and provided, for the punishment of persons evad- ing the-payment of fares. See note, § 5, ante. § 370. "Public nuisances" defined. Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to inter- fere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any consider- able number of persons, or unlawfully obstructs the free § 373 PENAL CODE. lOG passatjc or use, in llu; eustoinniy inaiUK'i", of any iiavi<^al)le lake, or river, bay, stream, canal, or basin, or any public park. s((uare, street, or hiiilnvay, is a public nuisance. [Aniondment approved 1S74; Code Anidts. 1873-74, p. 431.] Putlic nuisance: Comiiaic witli Civ. Code, § 3480. See also §§ 3490-3 t9.j of that code upon this subject generally. Nuisance, defined: See Code Civ. Proc, § 731. Legislation § 370. 1. Enacted February 14, 1872 (almost iden- tical with Field's Draft, § 430, N. Y. Pen. Code, §385; Crimes and Punishment Act, Stats. 1850, p. 244, § 124), and then read: "A public nuisance is a crime against the order and economy of the state, and consists in unlawfully doing any act, or omitting to perform any duty, which act or omission either: 1. Annoys, injures, or endangers the comfort, repose, health, or safety of any considerable number of persons; or, 2. Offends public decency; or, 3. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for pass- age, any lake or navigable river, bay, stream, canal, or basin, or any public park, square, street, or highway; or, 4. In any way renders any considerable number of persons insecure in life or the use of property." 2. Amended by Code Amdts. 1873-74, p. 431. § 371. Unequal damage. An act^ which affects an entire community or neighborhood, or any considerable number of persons, as specified in the last section, is not less a nuisance because the extent of the annoyance or damage inflicted upon individuals is unequal. [Amendment approved 1874; Code Amdts. 1873-74, p. 432.] Legislation § 371. 1. Enacted Februarv 14, 1872 (identical with Field's Draft, § 431, N. Y. Pen. Code, § 386), and then read: "An act which affects a considerable number of persons, in either of the ways specified in the last section, is not less a nuisance because the extent of damage is unequal." 2. Amended by Code Amdts. 1873-74, p. 432. § 372. Maintaining a nuisance, a misdemeanor. Every person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who ■willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a misdemeanor. Legislation § 372. Enacted February 14, 1872; identical with Field's Draft, § 432, N. Y. Pen. Code, § 387. § 372a. Spitting prohibited, where. It shall be a misde- meanor for any person to discharge mucus from the nose or mouth or spit upon any sidewalk, of any public street or highwaj^ or upon any part of any pul)lic building or railroad train, street-car, stage, ferry-boat, steamer, boat or other vessel or vehicle used for the transportation of the public. Legislation § 372a. Added by Stats. 1907, p. lOG. § 373. Establishing or keeping pest-houses within cities, towns, or villages. Every person who establishes or keeps. 167 CRIMES AGAINST PUBLIC HEALTH AND SAFETY. § 374 or causes to be established or kept, Avithin the limits of any city, town, or village, any pest-house, hospital, or place for persons affected with contagious or infectious diseases, is guilty of a misdemeanor. Legislation § 373. Enacted February 14, 1872; based on Stats. 1853, p. 35, §§1, 2. § 373a. Public nuisance. Penalty. Every person who maintains, permits, or allows a public nuisance to exist upon his or her property or premises, and every person occupying or leasing the property or premises of another who main- tains, permits or allows a public nuisance to exist thereon, after reasonable notice in writing from a health-officer or district attorney to remove, discontinue or abate the same has been served upon such person, is guilty of a misde- meanor, and shall be punished accordingly; and the exist- ence of such nuisance for each and every day after the service of such notice shall be deemed a separate and dis- tinct offense, and it is hereby made the duty of the district attorney to prosecute all persons guilty of violating this section by continuous prosecutions until the nuisance is abated and removed. Legislation § 373a. Added by Stats. 1903, p. 163. § 374. Dead animals in streets, etc. Pollution of waters. Penalty. Every person who puts the carcass of any dead animal, or the offal from any slaughter-pen, corral, or butcher-shop into any river, creek, pond, reservoir, stream, street, alley, public highway, or road in common use. or who attempts to destroy the same by fire within one fourth of a mile of any city, town, or village, except it be in a crema- tory, the construction and operation of which is satisfactory to the board of health of such city, town, or village; and every person who puts any water-closet or privy, or the f'arcass of any dead animal, or any offal of any kind, in or upon the borders of any stream, pond, lake, or reservoir from which water is drawn for the supply of any portion of the inhabitants of this state, so that the drainage of such water-closet, privy, carcass or offal may be taken up by or in such stream, pond, lake, or reservoir; or who allows any water-closet or privy, or carcass of any dead animal, or any offal of any kind, to remain in or upon the borders of any such stream, pond, lake, or reservoir within the boundaries of any land owned or occupied by him, so that the drainage from any such water-closet, privy, carcass, or offal, may be taken up by or in such stream, pond, lake, or reservoir; or who keeps any horses, mules, cattle, swine, sheep, or live- § ;}74 PENAL CODE. 1G8 stock ol" any kind, jjcimcd, con-allftl, of lioiiscd on, over, or on the horclers of any siieli stream, pond, lake, or reservoir, so that tlie watei-s thereoL" beciome polluted by reason thereof; or Avho bathes in any such stream, pond, lake, or reservoir; or who by any other means fouls or pollutes the waters of any such stream, pond, lake, or reservoir, is guilty of a misdemeanor, and upon conviction thereof shall be pun- ished as prescribed in section three hundred and seventy- seven. [Amcndmout approved 1907; Stats. 1907, p. 78.] Pollution of water: See post, § 635. Legislation § 374. 1. Enacted February 14, 1872 (based on Stats. 1852, p. 100, § 1), and then read: "Every person who puts the car- cass of any dead animal, or the offal from any slaughter-pen, corral, or butcher-shop, into any river, creek, pond, street, alley, public highway or road in common use, or who attempts to destroy the same by fire within one fourth of a mile of any city, town, or village, is guilty of a misdemeanor." 2. Amended by Code Amdts. 1875-76, p. Ill, and then read same as the original code section down to the word "pond," thereafter proceeding, ''reservoir, stream, street, alley, public highway, or road in common use, or who attempts to destroy the same by fire within one fourth of a mile of riny city, town, or village, and every per- son who puts the carcass of any dead animal, or any offal of any kind, in or upon the borders of any stream, pond, lake, or reservoir from which w^ater is drawn for the supply of the inhabitants of any city, city and couutj^ or any town in this state, so that the drainage from such carcass or offal may be taken up by or in such stream, pond, lake, or reservoir, or who allows the carcass of any dead animal, or any offal of any kind, to remain in or upon the borders of any such stream, pond, .lake, or reservoir within the boundaries of any lands owned or occupied by him, or who keeps any horses, mules, cattle, swine, sheep, or live-stock of any kind, penned, corralled, or housed on, over, or on the borders of any such stream, pond, lake, or reservoir, so that the waters thereof shall become polluted by reason thereof, is guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section three hundred and seventy-seven of this code." 3. Amended by Stats. 1893, p. 66, and then read the same as the amendment of 1875-76 down to the words "or village," thereafter proceeding, "except it be in a cemetery, the construction and opera- tion of which is satisfactory to the board of health in such city, town, or village; and every person who puts any water-closet or privy, or the carcass of any dead animal, or any offal of any kind, in or upon the borders of any stream, pond, lake, or reservoir from which water is drawn for the supply of the inhabitants of any city, city and county, or any town in this state, so that the drainage from such water-closet, privy, carcass, or offal may be taken up by or in such stream, pond, lake, or reservoir; or who allows any water- closet or privy, or carcass of any dead animal, or any offal of any kind, to remain in or upon the borders of any such stream, pond, lake, or reservoir within the boundaries of any land owned or occu- pied by him, so that the drainage from sucli water-closet, privy, carcass, or offal may be taken up by or in such stream, pond, lake, or reservoir; or who keeps any horses, mules, cattle, swine, sheep. 169 CRIMES AGAINST PUBLIC HEALTH AND SAFETY. § ST-la or live-stoek of auy kind, penned, corralled, or housed on, over, or on the borders of any such stream, pond, lake, or reservoir, so that the waters thereof shall become polluted by reason thereof; or who bathes in any such stream, pond, lake, or reservoir; or who by any other means fouls or pollutes the waters of any such stream, pond, lake, or reservoir, is guilty of a misdemeanor," the rest of the sec- tion reading as in 1875-76. 4. Amendment by Stats. 1901, p. 457; unconstitutional. See note, § 5, ante. 5. Amended by Stats. 1905, p. 767, (1) changing (a) "except it be in a cemetery" to "except it be in a crematory," and (b) "in such city" to "of such city"; (2) omitting (a) "shall" before "be- come polluted," and (b) "of this code" at end of section. 6. Amended by Stats. 1907, p. 73, (1) changing "the supply of the inhabitants of any city, city and count}', or any town in this state, so that the drainage from such" to "the supply of anj' por- tion of the inhabitants of this state, so that the drainage of such"; (2) adding "an}'" after "drainage from."' § 3741/2- Discharging- coal-tar, or similar products, in navigable waters. [Repealed 1915; Stats. 1915, p. 598.] Legislation § 3741/2. 1. Addition by Stats. 1901, p. 813. 2. Kepealed by Stats. 1915, p. 598. § 374a. Unlawful to dump garbage, etc., in navigable waters or in Pacific Ocean. Any person who places, depos- its or dumps any garbage, swill, refuse, cans, bottles, paper, or vegetable matter, or the carcass of any dead animal, or the offal from any slaughter-pen or butcher-shop, or any trash or rubbish in or upon the navigable waters of this state, or who places, deposits or loads the same upon any scow, barge, float, hulk, or any steam or sailing vessel, or any vessel of any kind, with intent that the same shall be dumped or deposited therefrom in or upon any of the navi- gable waters of this state, or of the Pacific Ocean without the state, at any point therein, within twenty miles of any point on the coast line of the state, and any captain, or other person in charge of any scow, barge, float, hulk, or any steam or sailing vessel, or any vessel of any kind, who per- mits the same to be loaded with any garbage, swill, refuse, cans, bottles', paper, or vegetable matter, or the carcass of any dead animal, or the offal from any slaughter-pen or butcher-shop, or any trash or rubbish, with intent that the same shall be dumped or deposited therefrom in or upon any of the navigable waters of this state, or of the Pacific Ocean without the state, at any point therein, within twenty miles of any point on the coast line of the state, is guilty of a mis- demeanor, and no scow, barge, float, hulk, or any steam or sailing vessel, or any vessel of any kind, upon which any garbage, swill, refuse, cans, bottles, paper, or vegetable matter, or the carcass of any dead animal, or the offal from § 375a PENAL CODE. 170 any slaus'liter-pon or ])utc]ier-sh()p, oi- any trash or rul)l)ish has boon loaded with tlie intent that the same sliall be dumped or deposited tlierefrom upon any of the waters of the I'acific Ocean where permitted by this section, shall leave anj^ point within the state unless it shall carry for the entire trip an inspector appointed by the state board of health, or where such point of departure is within a munici- palit,y, then by such municipality, and it shall be the duty of such inspector to enforce the provisions of this section, and the captain, or other person in charge of any such scow, barge, float, hulk, steam, sailing or other vessel, so leaving without carrying such inspector during the entire trip is guilty of a misdemeanor; provided, however, that this act shall not be construed to affect the discharge of any sewer system. Legislation § 374a. Added by Stats. 1911, p. 1420. § 375. Keeping gunpowder, etc., unlawfully. Every per- son who makes or keeps gunpowder, nitroglycerine, or other highly explosive substance, within any city or town, or who carries the same through the streets thereof, in any quantity or manner such as is prohibited by law, or by any ordinance of such city or town, is guilty of a misdemeanor. Legislation § 375. Enacted February 14, 1872; based on Field's Draft, § 4.33, N. Y. Pen. Code, § 3S9. § 375a. Record of sale of explosives. It is the duty of each and every person, association, joint-stock company, and corporation, manufacturing, storing, selling, transfer- ring, disposing of, or in any manner dealing in, or with, or using, or giving out nitroglycerine, dynamite, vigorite, her- cules powder, giant powder, or other high explosive, by whatever name known, to keep at all times an accurate jour- nal, or book of record, in which must be entered, from time to time, as it is made, each and every sale, delivery, transfer, gift, or other disposition made by such person, firm, asso- ciation, joint-stock company, or corporation, in the course of business or otherwise, of any quantity of such explosive substance. Such journal or record-book must show, in a legible handwriting, to be entered therein at the time, a complete history of each transaction, stating the name and quantity of the explosive sold, delivered, given away, trans- ferred, or otherwise disposed of; the name, place of resi- dence, or business of the purchaser, or transferee ; the name of the individual to whom delivered, with his or her address, with a description of such individual sufficient for identifica- tion. Such journal or record-book must be kept by the per- 171 CRIMES AGAINST PUBLIC HEALTH AND SxVFETY. § 376 son, firm, association, joint-stock company, or corporation so selling, delivering, or otlierwise disposing of such explo- sive substance, or substances, in his or their principal office or place of business at all times subject to the inspection and examination of the peace-officers, or other police au- thorities of the state, county, or municipality where the same is situated, on proper demand made therefor. Any failure or neglect to keep such book, or to make the proper entries therein at the time of the transaction, as herein pro- vided, or to exhibit the same to the peace-officers or other police authorities on demand, is deemed a misdemeanor, and punishable accordingly. In addition to such punishment, and as a cumulative penalty, such person, firm, association, joint-stock company, or corporation so offending, shall for- feit, for each offense, the sum of two hundred and fifty dol- lars, to be recovered in any court of competent jurisdiction. The party instituting an action for such forfeiture shall not be entitled to dismiss the same without consent of the court before Avhich the suit has been instituted. Nor shall any judgment recovered be settled, satisfied, or discharged, save by order of such court, after full payment into court, and all moneys so collected must be paid to the party bringing the suit. Legislation § 375a. 1. Addition by Stats. 1901, p. 457; unconstitu- tutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 768; the code commissioner saying, "This is a codification of §§ 1, 2, 3, and 4 of the statute of 1887, p. 110." § 376. Violation of quarantine law^s by master of vessel. Every master of a vessel subject to quarantine or visitation by the quarantine officer, who refuses or omits : 1. To proceed with and anchor his vessel at the place as- signed for quarantine, at the time of his arrival ; 2. To submit his vessel, cargo, and passengers to the ex- amination of the quarantine officer, and to furnish all neces- sary information to enable that officer to determine to what length of quarantine and other regulations they ought, respectively, to be subject; or, 3. To remain with his vessel at the quarantine during the period assigned for her quarantine, and while at quarantine to comply with the regulations prescribed by law, and with such as any health-officer, hy virtue of authority given him by law. shall prescribe in relation to his vessel, his cargo, himself, his passengers, or crew ; Is punishable by imprisonment in the county jail not ex- ceeding one year, or by fine not exceeding two thousand § 377 PENAL CODE. 172 dollars, <»i- jx^th. [AinciKliiiciit niJproved 1905; Stats. 1905, |). 7G'J.J Quarantine and health regiilations for San Francisco: Pol. Code, §§ ;5U01 ct soq. Ship-master's duties: Pol. Code, §§ 3013, 3014, 3016-3019. Legislation § 376. 1. Enacted February 14, 1872 (based on Field's Draft, S ^;5">. N. Y. Pen. Code. §§ 391, 392), (1) the introductory para- graj))! reading, "Every master of a vessel subject to quarantine or visitation by the health officer, arriving in the port of Kan Fran- cisco, who refuses or omits"; (2) in subd. 1, had the word "or" at end of subdivision; (3) in subd. 2, had "health-officer" instead of "quarantine officer"; (4) in subd. 3, (a) did not have the article "the" before "quarantine," and (b) had "any of the officers of health, by virtue of authority given them," instead of "any health- officer, by virtue of authority given him." 2. Amended by Code Amdts. 1877-78, p. 116, differing from tlie original code section, (1) having, in subds. 1 and 2, "quarantine officer" instead of "health-officer," (2) in subd. 3, adding "the" be- fore "quarantine" in first instance. 3. Amendment by Stats. 1901, p. 458; unconstitutional. See note, § 5, ante. 4. Amended by Stats. 1905, p. 769. § 377. Willful violation of health laws. Every person who is charged with a duty relating to the registration of deaths, under chapter three, title seven, of the act to estab- lish a Political Code, approved IMarch twelfth, eighteen hun- dred and seventy-two, who — 1. "Willfully fails to keep a registry of the name, age, resi- dence, and time of death of a decedent ; or, 2. Willfully fails to register with the county recorder a certified copy of such register, as is provided for in said chapter; or, 3. Willfully inters, cremates, or otherwise disposes of any human body, in any city, county, or city and county, Avithout having first ol)tained a permit, as provided for in said chap- ter; or, 4. Willfully grants a permit for the interment, cremation, or disposition of a ciead human body, "without the certificate provided for in said chapter; or, 5. Willfully violates any of the laws of this state relating to the preservation of the public health ; Is guilty of a misdemeanor, and is, unless a different pun- ishment for such violation is prescribed by this code, punish- able by imprisonment in the county jail not exceeding one year, or by fine not exceeding one thousand dollars, or by both such fine and imprisonment. [Amendment approved 1889; Stats. 1889, p. 34.] Preservation of public health: Pol. Code, §§ 2978 et seq. Legislation § 377. 1. Enacted February 14, 1872 (Field's Draft, §441, N. y. Pen. Code, §§ 397, 404), and then read: "Every person 173 CRIMES AGAINST PUBLIC HEALTH AND SAFETY. § 379 who willfully \iolates any of tbe laws of this state relating to the preservation of the public health, is, unless a different punishment for such violation is prescribed by this code, punishable by impris- onment in the county jail not exceeding one year, or by fine not ex- ceeding one thousand dollars, or both." 2. Amended by Stats. 1889, p. 34. § 377a. State board of health, violation of rules of, relat- ing to quarantine, etc. Every person who after notice shall violate, or who, npon the demand of any public health officer, shall refuse or neglect to conform to any rule, order or regu- lation prescribed b}^ the state board of health respecting the quarantine, or disinfection of persons, animals, things or places, shall be guilty of a misdemeanor. Legislation § 377a. Added by Stats. 1905, p. 143. § 377b. State board of health, violation of rules of, relat- ing to pollution of water. Any person who shall violate or refuse or neglect to conform to any sanitary rule, order or regulation prescribed by the state board of health for the prevention of the pollution of springs, streams, rivers, lakes, wells, or other waters used or intended to be used for human or animal consumption shall be guilty of a misdemeanor. Legislation § 377b. Added by Stats. 1905, p. 13S. § 377c. State board of health, violation of rules of, relat- ing to pollution of ice. Any person who shall violate, or refuse, or neglect, to conform to any sanitary rule, order or regulation prescribed by the state board of health for the prevention of the pollution of ice or the sale or disposition of polluted ice offered, kept or intended for public use or consumption, sball be guilty of a misdemeanor. Legislation § 377c. Added by Stats. 1905, p. 138. § 378. Neglecting to perform duties under health law. Every person charged with the performance of any duty under the laws of this state relating to the preservation of the public health, who Avillf ully neglects or refuses to perform the same, is guilty of a misdemeanor. Preservation of public health: See Pol. Code, §§ 297S-3064. Legislation § 378. Enacted February 14, 1872. § 379. Unlicensed piloting. Every person, not the master or owner, or not authorized to act as pilot under the laws of this state, who pilots or offers to pilot any vessel to or from any port of this state for which there are commissioned or licensed pilots, or who pilots or offers to pilot any vessel to or from any port other than that for which he is commis- sioned or licensed, and for wdiich tbere are pilots so commis- § 381 PENAL CODE. 174 sioiu'd Of lif'fiised. is yiiilly of a iiiisdcincanor. | AiiH'iidinont approved 1874; Code Anidts. 1878-74, p. 432.] Pilots and Pilotage: Soe Tol. Code. §§ 2129-2447, 2457-2470, 2476- 2n)i. Carrying on business without license: See ante, § 338; post, § 435. Legislation § 379. 1. Enacted February 14, 1872; based on Stats. 1SU9-70, p. 348, § 17. 2. Amended by Code Amdts. 1873-74, p. 432, adding tlie words "not tlie master or ownor, or," aftor "Every person." § 380. Apothecary omitting to label drugs, or labeling them wrongfully, etc. Every apothecary, drugfjist, or per- son carrying on business as a dealer in drugs or medicines, or person employed as clerk or salesman by such person, who, in putting up any drugs or medicines, or making up any prescription, or filling any order for drugs or medicines, willfully, negligently, or ignorant!}' omits to label the same, or puts an untrue label, stamp, or other designation of con- tents, upon any box, bottle, or other package containing any drugs or medicines, or substitutes a diiferent article for any article prescribed or ordered, or puts up a greater or less quantity of any article than that prescribed or ordered, or otherwise deviates from the terms of the prescription or order which he undertakes to follow, in consequence of which human life or health is endangered, is guilty of a mis- demeanor, or if death ensues, is guilty of a felony. Sale of poisonous substances: See ante, § 347a. Legislation § 380. Enacted February 14, 1872; based on Field's Draft, § 445, N. Y. Pen. Code, § 401. § 381. Putting extraneous substances in packages of goods usually sold by weight, with intent to increase weight. Every person who, in putting up in any bag, bale, box, barrel, or other package, any hops, cotton, wool, grain, hay, or other goods usually sold in bags, bales, boxes, barrels, or packages by weight, puts in or conceals therein anything whatever, for the purpose of increasing the weight of such bag, bale, box, barrel, or package, with intent thereby to sell the goods therein or to enable another to sell the same, for an increased weight, is punishable by fine of not less than twenty-five dollars for each offense. [Amendment approved 1874; Code A_mdts. 1873-74, p. 432.] Act regulating sale of imitation olive-oil: See post. Appendix, tit. "Olive-oil." Adulteration, acts relating to: See post. Appendix, tit. "Adultera- tion."' Legislation § 381. 1. Enacted February 14, 1872 (based on Field's Draft, § 450, N. Y. Pen. Code, § 406), the section then ending with the words, "is punishable by a fine of twenty-five dollars for each offense," after "or package." 175 CRIMES AGAINST PUBLIC HEALTH AND SAFETY. § 381b 2. Ameuded by Code Amdts. 1873-74, p. 432, adding to and cbau- ging the phraseology after "or package." § 381a. Penalty for rendering- inaccurate, incorrect, or false tests as to dairy products. Any person, or persons, whether as principals, agents, managers, or otherwise, who buy or sell dairy products, or deal in milk, cream or butter, and who buy or sell the same upon the 1 asis of their richness or weight or the percentage of cream, or butter-fat contained therein, who use any apparatus, test-bottle or other appli- ance, or who use the "Babcock test" or machine of like char- acter for testing such dairy products, cream or butter, which is not accurate and correct, or which gives wrong or false percentages, or Avhich is calculated in any way to defrauc' or injure the person with whom he deals, is guilty of a mis demeanor, and upon conviction shall be fined not more than five hundred dollars ($500.00) or imprisoned in the county jail not more than six (6) months. Dairies, acts relating to: See post. Appendix, tit. "Dairies'*; also General Laws, tit. "Dairies." Legislation § 381a. Added by Stats. 1901, p. 324. § 381b. State dairy bureau. Duty of, relating" to the en- forcement of the law^ on false tests of dairy products. It shall be the duty of the state dairy bureau, now existing under the laws of this state, to enforce the provisions of sec- tion three hundred and eighty-one a of the Penal Code and cause the prosecution of persons M'hom it knoAvs. or has rea- son to believe, are guilty of violating the provisions of said section of the Penal Code. It shall be the duty of the dis- trict attorney of each and every county in the state to attend to the prosecution of all persons within his district against whom the state dairy bureau shall enter complaint for vio- lating the provisions of said section of the Penal Code. Said state dairy bureau shall from time to time inspect and ex- amine as to their accuracy, or their adaptability to give accurate results, all glassware, measures, scales, weights and other apparatus used in creameries, and factories of dairy products where milk and cream are purchased, to determine the amount or percentage of fat in milk or cream. Said state dairy bureau shall supply at cost, and not oftener than once in a year, to every creamery, or other factory of dairy products where milk and cream, or either, are purchased, upon application not more than two tubes or bottles and one pipette of the forms used with the Babcock test, which it shall first examine as to accuracy, and if accurate, or adapted to give accurate results under the usual method of operating the Babcock test, said state dairy bureau shall § 382 PENAL com:. 17G certil'y to this by iiiarkinjj; (liirul)ly and pcnnaiieiitly upon each and every piece of apparatus supplied the letters "D. B." Said state dairy bureaus shall also upon payment at the rate of one dollar for each dozen, test or examine into the accuracy of all test-bottles or tubes and pipettes sent to it direct from any creamery, or other factory of dairy protlucts where milk or cream are [is] purchased, and if found accurate, or adapted to give accurate results, the let- ters "D. B." shall be marked upon each piece of apparatus examined. The state dairy bureau shall pay all money re- ceived for making such tests for examinations into the state treasury and the same shall become a part of the appropria- tion for the use of the state dairy bureau and its disposition shall be at the disposal of the state dairy bureau in enforcing the provisions of this act. Acts relating to dairies: See post, Appendix, tit. "Dairies"; also Goneral Laws, tit. "Dairies." Legislation § 381b. Added by Stats. 1905, p. 168. § 382. Adulterating' food, drugs, liquors, etc. Every per- son who adulterates or dilutes any article of food, drink, drug, medicine, spirituous or malt liquor, or wine, or any article useful in compounding them, with the fraudulent intent to offer the same, or cause or permit it to be offered for sale as unadulterated or undiluted ; and every person who fraudulently sells, or keeps or offers for sale the same, as un- adulterated or undiluted, or who, in response to an inquiry for any article of food, drink, drug, medicine, spirituous or malt liquor, or wine, sells or offers for sale, a different article, or an article of a different character or manufacture, without first informing such purchaser of such difference, is guilty of a misdemeanor; provided, that no retail dealer shall be convicted under the provisions of this section if he shall prove a written guaranty of purity obtained from the person from whom he purchased such adulterated or diluted goods. [Amendment approved 1903; Stats. 1903, p. 351.] Acts relating to deception in sale of dairy products: See post. Appendix, tit. "Dairies." Adulteration, acts relating to: See post. Appendix, tit. "Adultera- tion." Legislation § 382. 1. Enacted February 14, 1872. The code com- missioners say: "This and the succeeding section is based upon § 125 of the Crimes and Punishment Act (Stats. 1850, p. 229), and upon the acts to prevent the adulteration of food, milk, etc. (Stats. 1860, p. 186; Stats. 1862, p. 484; Stats. 1869-70, p. 298). The commis- sion follow the language of the New York Penal Code, [Field's Draft,] §§ 451, 452." N. Y. Pen. Code, § 407. When enacted in 1872, § 382 read: "Every person who adulterates or dilutes any article of food, drink, drug, medicine, spirituous or malt liquor, or wine, 177 CRIMES AGAINST PUBLIC HEALTJI AND SAFETY. § 383 or any article useful iu eouipoundiug them, with a fraudulent inteut to offer the same or cause or permit it to be offered for sale as unadulterated or undilulted, and every person who fraudulently sells, or keeps or offers for sale the same, as unadulterated or un- diluted, is guiltj' of a misdemeanor." 2. Amendment by Stats. 1901, p. 458; unconstitutional. See note. § 5, ante. 3. Amended by Stats. 1903, p. 351. § 383. Sale of adulterated or tainted food, or drink or drug. "Drug" defined. "Food" defined. Drugs deemed to be adulterated. Food deemed to be adulterated. Every per- son who knowingly sells, or keeps or offers for sale, or other- wise disposes of any article of food, drink, drug, or medi- cine, knowing that the same is adulterated or has become tainted, decayed, spoiled, or otherwise unwholesome or unfit to be eaten or drunk, with intent to permit the same to be eaten or drunk, is guilty of a misdemeanor, and must be fined not less than twenty-five nor more than one hundred dollars, or imprisoned in the county jail not exceeding one hundred days, or both, and may, in the discretion of the court, be adjudged to pay, in addition, all the necessary ex- penses, not exceeding fifty dollars, incurred in inspecting and analyzing such articles. The term "drug," as used herein^ includes all medicines for internal or external use, antiseptics, disinfectants, and cosmetics. The term "food," as used herein, includes all articles used for food or drink hy man, whether simple, mixed, or compound. Any article is deemed to be adulterated within the meaning of this section : (a) In case of drugs : (1) If, when sold under or by a name recognized in the United States Pharmacopoeia, it differs materially from the standard of strength, quality, or purity laid down therein; (2) If, when sold under or by a name not recognized in the United States Pharmacopoeia, but which is found in some other pharmacopoeia or other standard work on materia medica, it differs materially from the standard of strength, quality, or purity laid down in such work; (3) If its strength, quality, or purity falls below the professed standard under which it is sold. (b) In the case of food: (1) If any substance or sub- stances have been mixed with it, so as to lower or depreciate, or injuriously affect its quality, strength, or purity; (2) If any inferior or cheaper substance or substances have been substituted wholly or in part for it; (3) If any valuable or necessary constituent or ingredient has been wholly or in part abstracted from it; (4) If it is an imitation of, or is sold under the name of. another article ; (5) If it consists Pen. Code — 12 § 383a I'ExVAL coDR. 178 Avholly, or in ])afl, ol! ;i disoasod, tlceoiuposcd, i)utrid, iiii'ccled, tainted oi- I'otton animal or vegetable substance or article, ■whether manufactured or not ; or in the case of milk, if it is the produce of a diseased animal ; (6) If it is colored, coated, pol- ished, or powdered, -whereljv damage or inferiority is con- cealed, or if ])y any means it is made to appear better or of greater value than it really is; (7) If it contains any added substance or ingredient which is poisonous or injurious to health. [Amendment approved 1905; Stats. 1905, p. 769.] Acts relating to adulteration: See post Appendix; tit. "Adultera- tion." Acts relating to deception in manufacture and sale of dairy products: See post. Appendix, tit. "Dairies." Act regulating sale of imitation olive-oil: See post, Appendix, tit. "Olive-oil." Adulterated dru?s and foods, acts relating to: See post. Appendix, tit. "Adult<'ratioii." Legislation § 383. 1. Enacted February 14, 1872 (N. Y. Pen. Code, § 408). See ante, Legislation § 382, for code commissioners' note. When enacted in 1872, § 383 read: "Every person who knowingly sells, or keeps or offers for sale, or otherwise disposes of any article of food, drink, drug, or medicine, knowing that the same has become tainted, decayed, spoiled, or otherwise unwholesome or untit to be eaten or drank, with intent to permit the same to be eaten or drank, is guilty of a misdemeanor." 2. Amendment by Stats. 1901, p. 439; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 769; the code commissioner saying, "The amendment is a consolidation of the present § 383 with the statute of 1895, p. 71. § 4 of the statute has, however, been omitted as unnecessary. § 383a. Sale of process or renovated butter. Any person, firm, or corporation, who sells or offers for sale, or has in his or its possession for sale, any butter manufactured by boiling, melting, deodorizing, or renovating, which is the product of stale, rancid, or decomposed butter, or by any other pro- cess whereby stale, rancid, or decomposed butter is manu- factured to resemble or appear like creamery or dairy but- ter, unless the same is plainly stenciled or branded upon each and every package, barrel, firkin, tub, pail, square, or roll, in letters not less than one-half inch in length, "process butter," or "renovated butter," in such a manner as to advise the purchaser of the real character of such "process" or "renovated" butter, is guilty of a misdemeanor. Acts relating to deception in manufacture and sale of dairy products: See post, Appendix, tit. "Dairies." Legislation § 383a. 1. Addition by Stats. 1901, p. 460; unconstitu- tional. See note, § 5, ante. 2. Added by Stats. 1905, p. 770; the code commissioner saying, "The statute of 1899, p. 25 (repealed 1905: 470), is here re-enacted and codified." 179 CRIMES AGAINST PUBLIC HEALTH AND SAFETY. § 38-1 § 384. Penalty for violating' act for prevention of fires. Any person avIio shall willfully or negligently commit any of the acts hereinafter enumerated in this section shall be guilty of a misdemeanor, and npon conviction thereof be punishable by a fine of not less than fifty nor more than five hundred dollars, or imprisonment in the county jail not less than fifteen days nor more than six months, or both such fine and imprisonment, except that in the case of an otfense against subsection 5 of this section the fine imposed may be not less than ten dollars : 1. Setting fire, or causing or procuring fire to be set to any forest, brush or other inflammable vegetation growing on lands not his own, without the permission of the owner of such land ; provided, that no person shall be convicted under this section who shall have set, in good faith and with reasonable care, a back fire for the purpose of stopping the progress of a fire then actually burning. 2. Allowing fires to escape from the control of the persons having charge thereof, or to spread to the lands of any person other than the builder of such fire without using every reasonable and proper precaution to prevent such fire from escaping. 3. Burning brush, stumps, logs, rubbish, fallen timbers, fallows or grass on his own land, or blasting with dynamite, powder or other explosives, or setting off fireworks in forest or brush-covered land, either his own or the property of another, without taking every proper and reasonable pre- caution both before the lighting of said fire and at all times thereafter to prevent the escape thereof; provided, that any firewarden may, in his discretion, give a written permit to any person desiring to burn or blast as aforesaid ; such permit shall contain such rules and regulations for the build- ing and management of such fires as the state board of forestry may from time to time prescribe ; and in any prose- cution under this subsection it shall be prima facie evidence that the defendant has taken proper and reasonable pre- cautions to prevent the escape of such fire, when he shall show that he has received such a permit and has complied with all the rules and regulations therein prescribed. 4. Using any logging locomotive, donkey or threshing engine, or any other engine or boiler, in or near any forest, brush or grass land, unless he shall prove upon the trial, affirmatively, that such engines or boilers used by him were provided with adequate devices to prevent the escape of fire or sparks, from smokestacks, ash-pans, fire-boxes, or other parts, and that he has used every reasonable precaution to prevent the causing of fire thereby. § 384 I'KNAI. CODE. 180 .'). Hfi'iisiiiu' ()!• lailiiig to render assistance in combating fires at the sninnioiis of any Jirewaiden iniless i)revtiut(?(l by i^ood and sulHeieiit reasons. t). Leaving tire burning or unextinguished on departing from a camp or camping i)lace, or allowing such fire to spread after being built. 7. The provisions of this section shall not apply to the setting of lire on lands within any municipal corporation of the state. [Amendment approved 1911; Stats. 1911, p. 1356.] Legislation § 384. 1. Enacted February li, 1872 (based on Stats. 1S32, p. IIJ, § 1), and then read: "384. Every person who willfully or negligently sets on fire, or causes or procures to be set on fire, any woods, prairies, grasses, or grain, on any lands, is guilty of a misdemeanor." 2. Amendment by Stats. 1901, p. 460j unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 758, reading the same as the origi- nal code section down to the words "on any lands," thereafter pro- ceeding, "not his own, is guilty of a misdemeanor, and punishable by fine not exceeding one thousand dollars, or by imprisonment not exceeding one year, or both"; the code commissioner saying, "The amendment designates the punishment, and in this respect conforms the section to the statute of 1871-72, p. 96, on the same subject, and inserts after the word 'lands' the words 'not his own,' to conform the section to what was obviously the intent of the legislature." 4. Amended by Stats. 1907, p. 996, to read as follows: "Any per- son who shall willfully or negligently commit any of the acts here- inafter enumerated in this section shall be guilty of a misdemeanor, and upon conviction thereof be punishable by a fine of not less than twenty-five nor more than five hundred dollars, or imprison- ment in the county jail not less than fifteen days nor more than six months, or both such fine and imprisonment, except, that in case of an offense against subsection five of this section, the fine imposed may be not less than ten dollars: 1. Setting fire, or causing or procuring fire to be set to any forest, woodland, brush, prairie, grass, grain, stubble or any other material being or growing on lands not his own, without the permission of the owner of such land; provided, that it shall be lawful to build, in a careful manner, camp- fires on any uninclosed lauds, the owner of which has not forbidden such building of camp-fires thereon by personal notice or by posting such prohibition in conspicuous places or otherwise; and provided further, that before departing from the place where such camp-fire has been built, the builder of such fire first totally extinguishes the same. 2. Allowing fires, lawfully set, to escape from the control of the person having charge thereof, or to spread to the lands of any person other than the builder of such fire. 3. Building a fire on his own land for the purpose of burning brush, stumps, logs, rub- bish, fallen timber, fallows, grass or any other thing whatsoever, or blasting wood with dynamite, powder or other explosives, or setting off fire-works in forest or brush-covered land, either his own or the property of another during a dry season; provided, that any state or district fire-warden may, in his reasonable discretion, give a written permit to any person desiring to build fires or blast as aforesaid; such permit shall contain such rules and regulations 181 CRIMES AGAINST PUBLIC HEALTH AND SAFETY. § 384c for the building and management of sueli fires as the state board of forestry may from time to time prescribe; and no person shall be convicted under this subsection, who shall upon the trial prove, affirmatively, that he has complied with all the rules and regula- tions so prescribed; and provided, further, that any person engaged in logging redwood may carefully use explosives or fire in the man- ner in which it is now customarily used in such logging. 4. Using any logging-locomotive, donkey or thrashing-engine, or any other engine or boiler, except such as use oil exclusively for fuel, in or near any forest, brush or grass land, unless he shall prove upon the trial, affirmatively, that such engines or boilers used by him were provided with adequate devices to prevent the escape of fire or sparks from smoke-stacks, ash-pans, fire-boxes or other parts, and that he has used every reasonable precaution to prevent the causing of fire thereby. 5. Eefusiug or failing to comply with the summons of any fire-warden authorized to call out persons to aid in extin- guishing forest fires, unless prevented by good and sufficient reasons. No person shall be convicted under this section who shall have set, in good faith and with reasonable care, a back-fire for the purpose of stopping the progress of a fire then actually burning. One half of all fines paid into any county treasury upon conviction under this section shall be paid by the county treasurer into the state treasury to the credit of the forestry fund." 5. Amended by Stats. 1911, p. 2 .356. § 384a. Keeping fires within certain limits. [Repealed 1907; Stats. 1907, p. 998.] Legislation § 384a, 1. Addition by Stats. 1901, p. 4G0; unconstitu- tional. See note, § 5, ante. 2. Added by Stats. 1905, p. 758. 3. Repealed by Stats. 1907, p. 998. § 384b. Camp-fire. [Repealed 1907 ; Stats. 1907, p. 998.] Legislation § 384b. 1. Addition by Stats. 1901, p. 460;" unconstitu- tional. See note, § 5, ante. 2. Added by Stats. 1905, p. 758. 3. Repealed by Stats. 1907, p. 998. § 384c. Animals injured by persons hunting. Every per- son who willi'ully or negligently, while hunting upon the in- closed lands of another, kills, maims, or wounds an animal, the property of another, is guilty of a misdemeanor. [Amendment approved 1907; Stats. 1907, p. 566.] Hunting on inclosed land: See post, §§ G02, subd. 9, 627. See also. Appendix, tit. "Fences and luclosures." Legislation § 384c. 1. Addition by Stats. 1901, p. 460; unconstitu- tional. See note, § 5, ante. 2. Added by Stats. 1905, p. 673. 3. Amended by Stats. 1907, p. 566; the code commissioner saying, '"The codification of § 4 of the statute of 1875-76, p. 408, respecting the wounding of animals while hunting upon the lands of another, was made by this section in 1905. In 1907 the section was amended by changing 'and' to 'or' between the words 'willfully' and 'negli- gently.' " § 3iJU PENAL CODE. 182 § 385. Obstructing attempts to extinguish fires. Every person who, at the buniinji' oi' a building, disol)ey.s the lawful ordens of any public officer or fireman, or offers any resist- ance to or interference with the lawful efforts of any fire- man or company of firemen to extinjjuish the same, or en- gages in any disorderl^y conduct calculated to prevent the same from being extinguished, or who forbids, prevents, or dissuades others from assisting to extinguish the same, is guilty of a misdemeanor. Fires and firemen: See Pol. Code, §§ 3335 et seq. Legislation § 385. Enacted February 14, 1872. § 386. Maintaining bridge or ferry without authority. Every person who demands or receives compensation for the use of any bridge or ferry, or sets up or keeps any road, bridge, ferry, or constructed ford for the purpose of receiv- ing any remuneration for the use of the same, -without au- thority of law, is guilty of a misdemeanor. Public ferries and toll-bridges: Pol. Code, §§ 2843 et seq. Legislation § 386. Enacted February 14, 1872; based on Field's Draft, § 4.59, N. Y. Pen. Code, § 415. The code commissioners say: "Founded on §§ 1 and 18 of act concerning ferries and bridges. (Stats. 1855, p. 183.)" § 387. Violating condition of undertaking to keep ferry Every person who, having entered into an undertaking to keep and attend a ferry, violates the conditions of such un- dertaking, is guilty of a misdemeanor. Undertaking by ferryman: See Pol. Code, § 2850. Legislation § 387. Enacted February 14, 1872; based on Field's Draft, § 460, N. Y. Pen. Code, § 415. § 388. Riding or driving faster than a walk on toll- bridges. p]very person who willfully rides or drives faster than a Avalk on or over any toll-bridge, lawfully licensed, is punisliable by fine not exceeding twenty dollars. Legislation § 388. Enacted February 14, 1872; based on Stats. 1861, p. IS, § ]. § 389. Crossing bridge, etc., without paying toll. Every person not exempt from paying tolls, who crosses on any ferry or toll-bridge, or passes through any toll-gate, lawfully kept, without paying the toll therefor, and with intent to avoid such payment, is punishable by fine not exceeding twenty dollars. Legislation § 389. Enacted February 14, 1872; based on Stats. 1861, p. IS, § 2. § 390. Engineer of locomotive-engine omitting to ring bell when crossing highway. Every person in cliarge of a 183 CRIMES AGAINST PUBLIC HEALTH AND SAFETY. § 893 locomotive-engine who, before crossing any traveled public way, omits to cause a bell to ring or steam-whistle to sound at the distance of at least eighty rods from the crossing, and up to it, is guilty of a misdemeanor. Penalty of company in such cases: See Civ. Code, § 486. Legislation § 390. Enacted February 14, 1872; based on Field's Draft, § 461, N. Y. Pen. Code, § 421. § 391. Intoxication of engineers, conductors, or drivers of locomotives or cars. Every person who is intoxicated while in charge of a locomotive-engine, or while acting as conductor or driver upon any railroad train or ear, whether propelled by steam or drawn hy horses, or while acting as train-dispatcher or as telegraph-operator, receiving or transmitting dispatches in relation to the movement of trains, is guilty of a misdemeanor. Driver addicted to intoxication: See Pol. Code, §§ 2932, 2933. Intoxication of railroad employees: See ante, § 369f. Legislation' § 391. Enacted February 14, 1872 (Field's Draft, § 462, N. Y. Pen. Code, §420). The code commissioners say in their note to the Penal Code Draft, "Founded upon § 52 of act to provide for the incorporation of railroad companies (Stats. 1861, p. 607)." and in their note to the original code section, "See Pol. Code, §§ 2920- 2933. This section was amended so as to read as published in the text, by act of April 1, 1872: 'An Act to amend and in relation to the Political, Civil, and Penal Codes, and the Code of Civil Pro- cedure,' now on file in the office of the secretary of state." § 392, Placing passenger-cars in front of freight-cars. Every person w^ho, in making up or running railroad trains, places or runs, or causes to be placed or run, any freight- car in the rear of passenger-cars, is guilty of a misdemeanor, and if loss of life or limb results from such placing or run- ning, is guilty of felony. The term "freight-car," as used in this section, does not include a baggage, express, or mail car. Legislation § 392. Enacted February 14, 1872 (N. Y. Pen. Code, § 422). The code commissioners say in their note to the Penal Code Draft, "Based upon § 47 of the Railroad Incorporation Act (Stats. 1861, p. 607)," and in their note to the original code section, "This section was amended so as to read as published in the text, by act of April 1, 1872: 'An Act to amend and in relation to the Political, Civil, and Penal Codes, and the Code of Civil Procedure,' now on file in the office of the secretary of state." § 393. Violation of duty by employees of railroad com- panies. Every engineer, conductor, brakeman, switch- tender, or other officer, agent, or servant of any railroad company, who is guilty of any willful violation or omission of his duty as such officer, agent, or servant, whereby human § 397 PENAL CODE. 184 life or safety is endaii^ered, the puiiislinient of wliich is not otherwise prescribed, is ji'uilty of a iriisdeineanor. Legislation § 393. Jinacteil February 14, 1872; almost iileiitical with FicM's Draft, § 403. § 394. Exposing' person infected with any contagious dis- ease in a public place. Every person Avho willfully exposes himself or another afHieted with any contagions or infectious disease, in any public place or thoroughfare, except in his necessary removal in a manner the least dangerous to the public health, is guilty of a misdemeanor. Legislation § 394. Enacted February 14, 1872; basci on Field's Draft, § 4GS, N. Y. Pen. Code, § 4:!4. § 395. Frauds practiced to affect the market price. Every person who willfully makes or publishes any false statement, spreads any false rumor, or employs any other false or fraudulent means or device, with intent to affect the market price of any kind of property, is guilty of a misdemeanor. Legislation § 395. Enacted February 14, 1872; identical with Field's Draft, § 469, N. Y. Pen. Code, § 435. §396. Racing' upon highways. Every person driving any conveyance drawn by horses, upon any public road or way, Avho causes or suffers his horses to run, wdth intent to pass another conveyance, or to prevent such other from passing his own. is guilty of a misdemeanor. Racing on highways: See post, § 415. Legislation § 396. Enacted February 14, 1872; identical with Field's Draft, § 472, N. Y. Pen. Code, § 666. § 397. Sale of liquor to habitual drunkards or Indians forbidden. Every person who sells or furnishes, or causes to be sold or furnished, intoxicating liquors to any habitual or common drunkard, or to any Indian of whole or mixed blood, or to any person w^ho is commonly known to live and associate with Indians, is guilty of a misdemeanor. [Amendment approved 1915; Stats. 1915, p. 341.] Sale of liquor to persons addicted to inordinate use of, statute relating to: See post. Appendix, tit. "Intoxicating Liquors." Legislation § 397. 1. Enacted February 14, 1872 (based on Stats. 1850, p. 408, § 15, as amended by Stats. 1855, p. 179, § 2). and then read: "Every person who sells or furnishes, or causes to be sold or furnished, intoxicating liquors to any Indian, is guilty of a mis- demeanor." 2. Amended by Code Amdts. 1873-74, p. 462, adding "habitual or common drunkard, or," before "Indian," the section then reading as the amendment of 1903 (the present section), except that it did not have the words "to any" before "Indian." 3. Amended by Stats. 1893, p. 98, to read: "Every ])erson who sells or furnishes, or causes to bo sold or furnished, any intoxicating 185 CRIMES AGAINST PUBLIC HEALTH AND SAFETY. § 398 liquors to any liabitual or common rlruukard, is guilty of a misde- meanor; or who sells or furnishes, or causes to be sold or furnished, intoxicating liquors to any Indiaji, is guilty of a felony." ■i. Amended by Htats. 1897, p. 29, changing the section, after the words "any Indian," to read, "is punishable by imprisonment in the state prison, or in a county jail, not exceeding two years, or by a fine not exceeding one thousand dollars, or both." 5. Amendment by Stats. 1901, p. 460; unconstitutional. See note § 5, ante. 6. Amended by Stats. 1903, p. 93, being almost identical with the amendment of 1873-74; q. v., supra. 7. Amended by Stats. 1915, p. 341. § 397a. Furnishing liquor to persons addicted to inordi- nate use thereof. Legislation § 397a. Addition by Stats. 1901, p. 461; unconstitu- tional. (Code commissioner's addition.) See note, § 5, ante. § 397b. Liquors, selling of, to minors. Permitting minor to visit saloons. Not to apply to parents. Every person who sells, gives or delivers to any minor child, male or female, under the age of eighteen years, any intoxicating drink in any quantity whatsoever, or who, as proprietor or manager of any saloon or public house where intoxicating liquors are sold, permits any such minor child under the age of eighteen years, to visit said saloon or public house where intoxicating licpiors are sold, shall be guilty of a misde- meanor, and shall, upon conviction thereof, be punished by a tine of not more than three hundred dollars, or by impris- onment in the county jail for a period not exceeding one hundred and fifty days, or by both such fine and imprison- ment ; provided, that this section shall not apply to the parents of such children, or to guardians of their wards. Legislation § 397b. 1. Addition by Stats. 1901, p. 461, unconstitu- tional. See note, § 5, ante. 2. Added by Stats. 1905, p. 673; the code commissioner saying, "This is a coclifieatiou of the statute of 1903, p. 319, respecting the sale of Intoxicating liquors to children." § 397c. Sale of liquors between 2 and 6 a. m., prohibited. Every person engaged in the business of the sale or disposi- tion of intoxicating liquors, who sells, gives or delivers, to any person any intoxicating liquor between the hours of 2 o'clock a. m. and 6 o'clock a. m. of the same day, is guilty of a misdemeanor. Legislation § 397c. Added by Stats. 1913, p. 737. § 398. Selling firearms and ammunition to Indians. [Re- pealed 1913; stats. 1913, p. 57.] Legislation § 398. 1. Enacted February 14, 1872; based on Stats. 185'4, Kerr ed., p. 15, Redding ed., p. 24, § 1. 2. Repealed by Stats. 1913, p. 57. § 401a PENAL CODE. 1S6 §399. Death from mischievous animals. If llic owner of a iiiiscliievous animal, knowing' its ])i'()i)(Misities, willfully .suf- IVrs it to ^o at large, or keeps it without ordinary eare, and such animal, Avhile so at large, or Avhile not kept with ordi- nary care, kills any human being Avho has taken all the pre- cautions which the circumstances permitted, or which a rea- sonal)le person would oi'diuai-ily take in the same situation, is guilty of a felony. Legislation § 399. Enacted February 14, 1872. § 400. Exhibiting deformities. Every person exhibiting the deformities of another, or his own deformities, for hire, is guilty of a misdemeanor; and every person who shall, by any artificial means, give to any person the appearance of a deformity, and shall exhibit such person for hire, shall be guilty of a misdemeanor. Legislation § 400. Added by Code Amdts. 1873-74, p. 462. See infra, § 401, for § 400, passed at the same session of the legislature (Code Amdts. 1873-74, p. 433). See also, infra, § 402 for § 400, added by Code Amdts. 1880, p. 41. § 401. Aiding in suicide. Every person who deliberately aids, or advises, or encourages another to commit suicide, is guiltv of a felony. [Amendment approved 1905; Stats. 1905, p. 770.] Legislation § 401. 1. Added by Code Amdts. 1873-74, p. 433, as § 400, reading same as the amendment of 1905, which merely changed the uumber of the section. 2. Amendment by Stats. 1901, p. 461, renumbering the section 401, and adding the words "or attempt" before "suicide"; unconstitu- tional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 770, changing the section number from 400. See infra, § 402a, for § 401, added by Code Amdts. 1877- 78, p. 116. See also, infra, § 402b, for § 401, added by Code Amdts. 1880, p. 41. § 401a. Cubic feet of space in rooms. Every person who owns, leases, lets, or hires to any person any room in any building, house, or other structure within the limits of any incorporated city, or city and county, for the purpose of a lodging or sleeping apartment, which room or apartment contains less than five hundred cubic feet of space in the clear for each person occupying such room or apartment, and every person found sleeping or lodging in, or who hires or uses for the purpose of sleeping or lodging in any room or apartment which contains less than five hundred cubic feet of space in the clear for each person so occupying such room or apartment, is guilty of a misdemeanor. Legislation § 401a. 1. Addition by Stats. 1901 p. 461; unconstitu- tional. See note, § 5, ante. 187 CRIMES AGxVINST PUBLIC HEALTH AND SAFETY. § 402a 2. Added by Stats. 1905, p. 770; the code commissioner saying, "This is a codificatiou of the statute of 1875-76, p. 759, eoiieerning lodging-houses and sleeping-apartments." § 402. Sale or exposure of animals having glanders, a misdemeanor. Any person who shall knowiiiiily sell, or offer for sale, or use, or expose, or who shall cause or pro- cure to be sold or offered for sale, or used, or expose, any horse, mule, or other animal having the disease known as glanders or farcy, or who shall bring, or cause to be brought, or aid in bringing into this state any sheep, hog, horse, or cattle, or any domestic animal, knowing the same to be affected with any contagious or infectious disease, shall be guilty of a misdemeanor. [Amendment approved 1891 ; Stats. 1891. p. 26.] Act to prevent spread of contagious diseases among animals: See post, Appendix, tit. "Animals." Legislation § 402. 1. Added by Code Amdts. 1880, p. 41, as § 400, and then read: "400. Any person who. shall knowingly sell, or offer for sale or use, or expose, or who shall cause or procure to be sold or offered for sale, or used, or expose any horse, mule, or other animal having the disease known as glanders, or farcy, shall be guilty of a misdemeanor." 2. Amended by Stats. 1889, p. 353 (in fact the addition of a new section), to read: "400. Any person, persons, company, or corpora- tion, who shall bring, or cause to be brought, or aid in bringing into this state any sheep, hog, horse, or cattle of any kind, or any domestic animals of any kind, knowing the same to be affected with any contagious or infectious diseases, shall be guilty of a misde- meanor." 3. Amended by Stats. 1891, p. 26, consolidating the section as added in 1880 and the so-called amendment thereof in 1889, and renumbering the same § 402. Cf. the two sections, quoted supra. § 402a. Adulteration of candies. Every person who adul- terates candy by using in its manufacture terra-alba or other deleterious substances, or who sells or keeps for sale any candy or candies adulterated with terra-alba, or any other deleterious substance, knowing the same to be adulterated, is guilty of a misdemeanor. [Amendment approved 1905; Stats. 1905, p. 771.] Legislation § 402a. 1. Added by Code Amdts. 1877-78, p. 116, as § 401, and then read: "401. Every person who adulterates candy, by using in its manufacture terra-alba, or any other deleterious substance or substances, or who sells or keeps for sale any candy or candies adulterated with terra-alba or any other deleterious sub- stance or substances, is guilty of a misdemeanor." 2. Amended by Stats. 1891, p. 27, (1) changing the section num- ber from 401 to 40214, and (2) amending it to read as at present, except that it had the word "any" before "other deleterious sub- stances." 3. Amended by Stats. 1905, p. 771, (1) changing the section num- ber from 4021/i to 402a, and (2) omitting the word "any" before "other deleterious substances," the omission being probably a clerical § 4:02(1 PENAL CODE. 188 or typographical enor; the code commissioner saying, "§-10214 for purposes of (•nn\-pni{Mii'(> is riMiiinilicrod 102;i." § 402b. Diseased animal to be killed. Kvciy aiiimHl having glanders or farcy shall at once be deprived of life by the owner or person having charge thereof, npon discov- ery or knowledge of its condition ; and any such owner or person omitting or i-efusiug to comply with tlie provisions of this section shall he guilty of a misdemeanor. [Amendment approved 11)05; Stats. 1905, p. 771.] Legislation § 402b. 1. Added by Code Amdts. 1880, p. 41, as § 401. 2. Amended by Stats. 1891, p. 27, changing the section number from 401 to 402 i/L.. 3. Amendment by Stats. 1901, p. 461, changing the section number from 402K> to 402b; unconstitutional. See note, § 5, ante. . 4. Amended by Stats. 1905, p. 771, changing the section number from 402 1{. to 402b. § 402c. Unsafe scaffolding, ladders, etc. Any person or corporation employing or. directing another to do or perform any labor in the construction, alteration, repairing, painting or cleaning of any house, building or structure within this state, who knowing!}^ or negligently furnishes or erects or causes to be furnished or erected for the performance of such labor, unsafe or improper scaffolding, slings, hangers, blocks, pulleys, stays, braces, ladders, irons, ropes or other mechanical contrivances, or who hinders or obstructs any officer attempting to inspect the same under the provisions of section "twelve" of "An Act to establish and support a bureau of labor statistics approved March 3, 1883, approved February 20, 1901," or who destroys, defaces, or removes any notice posted thereon by such officer, or permits the use thereof, after the same has been declared unsafe by such officer, contrary to the provisions of said section "twelve" of said act, shall be guilty of a misdemeanor. [Amendment approved 1909; Stats. 1909, p. 337.] Legislation § 402c. 1. Added by Stats. 1903, p. 216, as §402%, and then had, between the words "the provisions of" and "or who destroys," these words, "section twelve of 'An Act to establish and support a bureau of labor statistics.' " 2. Amended by Stats. 1905, p. 771, (1) changing the section num- ber from 402% to 402c, and (2) differing from the section as added in 1903 and the amendment of 1909, in having between the words "the provisions of" and "or who destroys," these words, " 'An Act to amend an act entitled "An Act to establish and support a bureau of labor statistics, approved March 3, 1883," approved February 20, 1901,' " 3. Amended by Stats. 1909, p. 337. § 402d. Animals affected with contagious diseases to be kept within inclosure. Any person owning or having pos- 189 CRIMES AGAINST PUBLIC HEALTH AND SAFETY. § 402e session or control of any animal affected by any contagions or infections disease, who fails to keep the same within an iuclosnre, or herd the same in some place where it is secure from contact with other animals of like kind not so affected, or who suffers such infected animal to be driven on the public highway or to range where it is likely to come in con- tact Avith other animals not so affected, is guilty of a mis- deuieanor, and punishable by a fine of not more than five hundred dollars for each oft'ense. Legislation § i02d. 1. Additiou by Stats. 1901, p. 461, as § 402c; nnconstitutioual. See note, § 5, ante. 2. Added by Stats. 1905, p. 771, as § 402d; the code commissioner saying, ''This is a codification of the statute of 1893, p. 302." § 402e. Infectious diseases must be reported. Any prac- titioner of veterinary medicine in the state of California who shall, upon gaining information thereof, fail to imme- diately report in writing to the state veterinarian the loca- tion, description, and name and address of the owner or person in charge, if known, of any animal or animals affected with any one of the foUoAving diseases: glanders, anthrax, blackleg, hog-cholera, sAvine-plague, verminous bronchitis, sheep-scab, mycotic lymphangitis, aphthous fever, or Texas fever shall be deemed guilty of a misdemeanor. Another section of this number. See next section. Legislation § 402e. Added by Stats. 1909, p. 451; approved March 19, 1909. Another section numbered 402e was added at the same session of the legislature in 1909; q. v., infra. § 402e. Laundry from hospitals. Every person who con- ducts, within the limits of any city and county or city or town or village, a public laundrj^ who shall receive any linen or clothing or beclding or other articles for the purpose of cleaning the same, from any hospital or pest-house or sani- tarium where contagious or infectious diseases are treated, or from any undertaking establishment or public morgue, or pest-house is guilty of a misdemeanor. Another section of this number. See prior section. Legislation § 402e. Added by Stats. 1909, p. 1063; approved April 22, 1909. Another section numbered § 402e was added at the same session of the legislature in 1909; q. v., supra. § 4U4: PENAL COl'k. 190 TITLE XI. Crimes against the Public Peace. § 403. Disturbance of public meetings, otiior than religious or polit- ical. § 404. "Riot" defined. § 40.'). Riot, punishment of. § 40n. "Rout" defined. § 407. "Unlawful assembly" defined. § 408. Punishment of rout and unlawful assembly. § 409. Remaining present at place of riot, etc., after warning to dis- perse. § 410. Magistrates neglecting or refusing to disperse rioters. §41]. Consequence of resisting process after a county has been de- clared in a state of insurrection. § 412. Prize-fights prohibited. § 413. Persons present at prize-fights. § 413A. Sparring exhibitions on Memorial Day or Sundays prohibited. § 414. Leaving the state to engage in prize-fights. § 414a. Privilege of witness testifying. § 415. Disturbing the peace. § 416. Refusing to disperse upon lawful command. § 417. Exhibiting deadly weapon in rude, etc., manner, or using the same unlawfully. § 418. Forcible entry and detainer. § 410. Returning to take possession of lands after being removed by legal proceedings. § 420. Preventing person from entering upon public lands. § 421. National guard, discrimination against members of. § 403. Disturbance of public meetings, other than re- ligious or political. Every person who, without authority of law, willfully disturbs or breaks up any assembly or meet- ino', not unlawful in its character, other than such as is mentioned in sections fifty-nine and three hundred and two, is guilty of a misdemeanor. Disturbing a public meeting: See ante, § 58. Legislation § 403. Enacted February 14, 1872; based on Field's Draft, § 473, N. Y. Pen. Code, §§ 274, 275. The code commissioners say: "The assembly specified in § 59 [the original code section of this number]^ is a meeting of electors held for the discussion of pub- lic questions, and in § 302, a religious meeting." § 404. "Riot" defined. Any use of force or violence, dis- turbing the public peace, or any threat to use such force or violence, if accompanied by immediate power of execution, by two or more persons acting together, and without author- ity of law, is a riot. Unlawful assembly: See post, § 407. Legislation § 404. Enacted February 14, 1872; based on Field's Draft, § 474, N. Y. Pen. Code, §449; Crimes and Punishment Act, § 116, as amended by Stats. 1855, p. 105, § 3. 191 CRIMES AGAINST PUBLIC PEACE. § 409 § 405. Riot, punishment of. Every person who partici- pates ill any riot is punishable by imprisonment in the county jail not exceeding tAvo years, or by fine not exceeding two thousand dollars, or both. Legislation § 405. Enacted February 14, 1872. (N. Y. Pen. Code, § 450.) The code commissioners say: "The punishment affixed to riot (Stats. 1855, p. 105, § 3), was the same as that affixed to rout, though the former offense included and was an aggravation of the latter. The commissioners have increased the maximum of the term from six months to two years, and the maximum of the fine from five hundred dollars to two thousand dollars, and have affixed to the crime of rout the same punishment as prescribed by existing laws." § 406. "Rout" defined. Whenever two or more persons, assembled and acting together, make any attempt or advance toward the commission of an act which would be a riot if actually committed, such assembly is a rout. Legislation § 406. Enacted February 14, 1872; based on Crimes and Punishment Act, § 116, as amended by Stats. 1855, p. 106, § 3. The code commissioners say: "This corresponds with the common- law definition, but the riot which would ensue if the intended enter- prise were carried into execution, is the riot defined in § 404, ante, and not the common-law riot," and cite Russell on Crimes, p. 253, and 4 Bl. Com., p. 140. See ante. Legislation § 405, code commission- ers' note. §407. " Unlawful assembly " defined. AVhenever two or more persons assemble together to do an unlawful act, and separate without doing or advancing toward it, or do a law- ful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly. Legislation § 407. Enacted February 14, 1872 (Field's Draft, § 477, N. Y. Pen. Code, §§ 451, 456); based on Crimes and Punishment Act, § 115, as amended by Stats. 1855, p. 106, § 3. § 408. Punishment of rout and unlawful assembly. Every person who participates in any rout or unlawful assembly is guilty of a misdemeanor. Legislation § 408. Enacted February 14, 1872; identical with Field's Draft, §479; based on Crimes and Punishment Act, §§ 115, 116, as amended by Stats. 1855, p. 106, § 3. See ante, Legislation §§405-407. § 409. Remaining- present at place of riot, etc., after warn- ing to disperse. Every person remaining present at the place of any riot, rout, or unlawful assembly, after the same has been lawfully Avarned to disperse, except public officers and persons assisting tliem in attempting to disperse the same, is guilty of a misdemeanor. Legislation § 409. Enacted February 14, 1872; identical with Field's Dr-^ft, § 481, N. Y. Pen. Code, §§ 454, 455. § 412 I'KNAL CUUE. 192 § 410. Magistrates neglecting or refusing to disperse riot- ers, if a magistrate or ofiicci', having notice of an unlawful or riotous assembly, mentioned in tliis chapter, neglects to proceed to the place of assendjly, or as near thereto as he can Avith safety, and to exercise the authority with which he is invested for suppressing the same and arresting the offenders, he is guilty of a misdemeanor. Legislation § 410. Enacted February 14, 1872; b:tsc(l ou Ciim. Pnic. Act, Stats. 1S51, p. 21fi, § 4.3. § 411. Consequence of resisting process after a county has been declared in a state of insurrection. A person who, after the publication of the proclamation authorized by sec- tion seven hundred and thirty-tAvo, resists or aids in resist- ing the execution of process in any county declared to be in a state of insurrection, or who aids or attempts the rescue or escape of another from lawful custody or confinement, or who resists or aids in resisting any force ordered out by the governor to quell or suppress an insurrection, is punish- able by imprisonment in the state prison not less than two years. Resisting public officer: See ante, § 148. Legislation § 411. Enacted February 14, 1872; based on Grim. Prac. Act, Stats. 18.51, p. 217, § 50. § 412. Prize-fights prohibited. Any person, who, within this state, engages in, or instigates, aids, encourages, or does any act to further, a pugilistic contest, or fight, or ring or prize fight, or sparring or boxing exhibition, taking or to take place either within or without this state, between two or more persons, wdth or without gloves, for any price, re- ward or compensation, directly or indirectly, or who goes into training preparatory to such pugilistic contest, or fight, or ring or prize-fight, or sparring or boxing exhibition, or acts as aider, abettor, backer, umpire, referee, trainer, second, surgeon, or assistant, at such pugilistic contest, or fight, or ring or prize-fight, or sparring or boxing exhibition, or who sends or publishes a challenge or acceptance of a challenge, or Avho knowingly carries or delivers such challenge or ac- ceptance, or wdic gives or takes or receives any tickets, tokens, prize, money, or thing of value, from any person or persons, for the purpose of seeing or witnessing any such pugilistic contest, or fight,' or ring or prize-fight, or sparring or boxing exhibition, or who, being the owner, lessee, agent, or occupant of any vessel, building, hotel, room, enclosure or ground, or any part thereof, whether for gain, hire, re- ward or gratuitously or otherwise, permits the same to be used or occupied for such a pugilistic contest, or fight, or JO.'i CRIMES AGAIKST PUBI.IC PEACE. §412 i-ing 01* prize-fight, or sparring or boxing exliibition, or who \ay&, makes, offers or accepts, a bet or bets, or wager or wagers, upon tlie result or any feature of any pugilistic con- test, or fight, or ring or prize-fight, or sparring or boxing exhibition, or acts as stakeholder of any such bet or bets, or wager or wagers, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than one hundred dollars nor more than one thousand dollars and be imprisoned in the county jail not less than thirty days nor exceeding one year; provided, however, that amateur boxing exhibi- tions may be held within this state, of a limited number of rounds, not exceeding four of the duration of three minutes each ; the interval between each round shall be one minute, and the contestants weighing one hundred and forty-five pounds or over shall wear gloves of not less than eight ounces each in weight, and contestants weighing under one hundred and forty-five pounds may wear gloves of not less than six ounces each in weight. All gloves used by con- testants in such amateur boxing exhibitions shall be so con- structed, as that the soft padding between the outside cover- ings shall be evenly distributed over the back of said gloves and cover the knuckles and back of the hands. And no bandages of any kind shall be used on the hands or arms of the contestants. For the purpose of this statute an amateur boxing exhibition shall be and is hereby defined as one in which no contestant has received or shall receive in any form, directly or indirectly, any money, prize, reward or compensation either for the expenses of training for such contest or for taking part therein, except as herein ex- pressly provided. Nor shall any person appear as con- testant in such amateur exhibition who prior thereto has received any compensation or reward in any form for dis- playing, exercising or giving any example of his skill in or knowledge of athletic exercises, or for rendering services of any kind to any athletic organization or to any person or persons as trainer, coach, instructor or otherwise, or who shall have been employed in any manner professionally by reason of his athletic skill or knowledge ; provided, how- ever, that a medal or trophy may be awarded to each con- testant in such amateur boxing exhibitions, not to exceed in value the sum of $35.00 each, which such medal or trophy must have engraved tliereon the name of the winner and the date of the event; but no portion of any admission fee or fees charged or received for any anuiteur boxing exhibition shall be paid or given to any contestant in such amateur boxing exhibition, either directly or indirectly, nor shall Pen. Code — 13 § 412 PENAL CODE. 194 any li'ift l)e liiveii to or received l)y siicli eontestaiits for par- ticipating in such boxing exliibition. except said medal or trophy. At every amateur boxing exhibition held in this state and permitted by this section of the Penal Code, any sheriff, constable, marshal, policeman or other peace officer of the city, county or other political subdivision, where such exhibition is being held, shall have the right to. and it is hereby declared to be his duty to stop such exhil)ition, when- ever it shall ai)pear to him that the contestants are so un- evenly matched or for any other reason, the said contestants have been, or either of them, has been seriously injured or there is danger that said contestants, or either of them, will be seriously injured if such contest continues, and he may call to his assistance in enforcing his order to stop said ex- hibition, as many peace officers or male citizens of the state as may be necessary for that purpose. Provided, further, that any contestant who shall continue to participate in such exhibition after an order to stop such exhibition shall have been given by such peace officer, or who shall violate any of the regulations herein prescribed, for governing amateur boxing exhibitions, shall be deemed guilty of vio- lating this section of the Penal Code and subject to the punishment herein provided. Nothing in this section contained shall be construed to prevent any county, city and county, or incorporated city or town from prohibiting, by ordinance, the holding or conduct- ing of any boxing exhibition, or any person from engaging in anv such boxing exhibition therein. [Amendment ap- proved 1915; Stats. 1915, p. 1930.] Act to prohibit prize-fighting (Stats. 1893, p. 101) was superseded by this section. Legislation § 412. 1. Enacted February 14. 1872 (N. Y. Pen. Code, § 458); based on Crimes and Punishment Act, Stats. 1850. p. 233, § 44, which read: "§44. If any persons shall, without deadly weapons, upon previous concert and agreement, upon any wager, or for money or any other reward, fight one with another, upon conviction thereof, they or either or any of them, and all persons present aiding and abetting, shall be punished by imprisonment in the state prison for a term not exceeding two years. Should death ensue to any per- son in such fight, the person or persons causing such death shall be punished by imprisonment in the state prison for a term not more than ten nor less than three years." When enacted" in 1872, § 412 read: "412. Every person who engages in, instigates, encourages, or promotes any ring or prize fight, or any other premeditated fight or contention (without deadly weapons), either as principal, aid, second, umpire, surgeon, or otherwise, is punishable by imprisonment in the state prison not exceeding two years." 2. Amended by Stats. 1899, p. 153, and differed from the amend- ment of 1903, post, having (1) no section number (probably a typographical error) ; "A" instead "Any" as the initial word of the section; (3) "acceptance of a challenge" instead of "acceptance 195 CRIMES AGAINST PUBLIC PEACE. § 413 or a challenge'' (umloubtedly a typographical error); (4) the pro- visos then reading "provided, however, that sparring exhibitions not to exceed a limited number of rounds with gloves of not less than tive ounces each in weight may be held by a domestic incorporated athletic club upon the prepaj'ment by such club of an annual license to be fixed by the supervisors of each county; pro- vided further, that such club shall have a physician in attendance to examine the boxers prior to each exhibition and determine whether or not they are in perfect physical condition." 3. Amended by Stats. 1903, p. 409, to read as follows: "Any per- son, who, within this state, engages in, instigates, aids, encourages, or does any act to further a contention or fight, without weapons, between two or more persons, or a fight commonly called a ring or prize fight, either within or without the state, or who engages in a public or private sparring exhibition, with or without gloves, within the state, or who sends or publishes a challenge or acceptance or [of] a challenge for such a conteutiou, exhibition, or fight, or carries or delivers such a challenge or acceptance, or trains or assists any person in training or preparing for such a contention, exhibition or fight, shall be guilty of a felony, and upon conviction shall be fined not less than one thousand dollars nor more than five thousand dollars, and be imprisoned in the state prison not less than one year nor more than three years; provided, however, that sparring exhibitions, not to exceed a limited number of rounds with gloves of not less than five ounces each in weight may be held by a domestic incorporated club upon the prepayment by such club of an annual license to be fixed by the board of supervisors of cities and counties, or the city council or other governing bodies of incorporated cities. Said exhibitions must comply with the rules and regulations as the said supervisors, city councils or other govern- ing bodies of cities and towns shall prescribe by ordinance; pro- vided, further, that the boxers prior to each exhibition must be examined by a physician who shall determine whether or not they are in perfect physical condition." 4. Amended by initiative measure adopted by the people Novem- ber 3, 1914. In effect December 19, 1914; Stats. 1915, p. 1930. § 413. Persons present at prize-fights. Every person willfully present as spectator at any fight or contention prohibited in the preceding section, is guilty of a misde- meanor. An information may be laid before any of the magistrates mentioned in section eight hundred and eight of this code, that a person has taken steps toward promoting or par- ticipating in a contemplated pugilistic contest, or fight, or I'ing or prize-fight, or sparring or boxing exhibition, pro- hibited under the provision of section four hundred and twelve of this code, or is about to commit an offense under said section four hundred and twelve. When said informa- tion is laid before said magistrate, he must examine, on oath, the informer, and any Avitness or witnesses he may produce, and must take their depositions in writing and cause them to bo subscribed by the parties making them. If it appears from the deposition that there is just reason to fear the com- § 414 PENAL CODE. 196 mission ol' the offense eontemplated by the person so in- formed ;i^u;iinst, the ma.iiistriite iiiust issue a Avarrant direeted generally to the sherifl: of tlie county, or any constable, mar- shal, or policeman in the state, recitinf;^ the substance of the information and commanding the officer forthwith to arrest the person informed against and bring him before the magistrate. When the person informed against is brought before the magistrate, if the charge be controverted, the magistrate must take testimony in relation thereto, The evidence must be reduced to writing and subscribed by the witnesses. If it appears there is no just reason to fear the commission of the offense alleged' to have been contemplated, the person complained against must be discharged. If. how- ever, there is just reason to fear the commission of the of- fense, the person complained of must be required to enter into an undertaking in such sum. not less than three thousand dollars, as the magistrate may direct, with one or more suffi- cient sureties, conditioned that such person Avill not, for a period of one year thereafter, commit any such contemplated offense. [Amendment approved 1915; Stats. 1915, p. 1931.] Legislation § 413. 1. Enacted Febrimrv 14, 1P72 Chaser) on riimes and Punishment Act, Stats. 1850, p. 233, § 44. See ante. Legislation § 412), and then read: "Every person willfnllv presf^nt as a spectator at any fight or contention mentioned in the preceding section, is guilty of a misdemeanor." 2. Amended by initiative measure adopted by the people Novem- ber 3, 1914. In" effect December 19, 1914; Stats. 1915, p. 1930. § 413|. Sparring- exhibitions on Memorial Day or Sun- days prohibited. Any person or persons holding, or con- ducting, or participating in. or present as a spectator, at any boxing exhibition held on Memorial Day. May 30, or on Sundays, shall be s'uilty of a misdemeanor, and upon conviction thereof shnll be punished by fine not exceedinsr five hundred dollars or by imprisonment in the county jail not exceeding six months, or by both such fine and imprison- ment. [Amendment approved 1915; Stats. 1915; p. 1932.] Legislation § 4131/2. 1. Added bv Stats. 1909, p. 987, and then read: "Any incorporated club holding or conducting a sparring ex- hibition as described in section four hnndred and twelve of this code on Memorial Day — May 30, — shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceed- ing five hundred dollars or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment." 2. Amended by initiative measure adopted by the people Novem- ber 3, 1914. In" effect December 19, 1914; Stats. 1915, p. 1930. § 414. Leaving the state to engage in prize-fights. Every person who leaves this state with intent to evade any of the provisions of the last two [three] sections, and to commit 197 CRIMES AGAINST PUBLIC PEACE. § 415 any act out of this state such as is prohibited by them, and who does any act which Avould be punishable under these provisions if committed within this state, is punishable in the same manner as he would have been in case such act had been committed within this state. Legislation § 414. Enacted February 14, 1872; almost identical with Field's Draft, § 488, N. Y. Pen. Code, § 461. § 414a. Privilege of witness testifying. No person other- wise competent as a witness, is disqualified from testifying as such, concerning any offense under this act, on the ground that such testimony may incriminate himself, but no prosecu- tion can afterwards be had against him for any offense con- cerning which he testified. The provisions of section 1111 of the Penal Code of this state are not applicable to any prosecutions brought under the provisions of this act. Legislation § 414a. Added by initiative measure adopted by the people November 3, 1914. In effect December 19, 1914; Stats. 1915, p. 1932. § 415. Disturbing the peace. Every person who mali- ciously and willfully disturbs the peace or quiet of any neighborhood or person, by loud or unusual noise, or by tumultuous or offensive conduct, or threatening, traducing, quarreling, challenging to fight, or fighting, or who, on the public streets of any unincorporated town, or upon the public highways in such unincorporated town, run any horse-race, either for a wager or for amusement, or fire any guu or pistol in such uniucorporated town, or use anj' vulgar, pro- fane, or indecent language wdthin the presence or hearing of women or children, in a loud and boisterous manner, is guilty of a misdemeanor, and upon conviction by any court of competent jurisdiction shall be punished by fine not ex- ceeding two hundred dollars, or by imprisonment in the county jail for not more than ninety days, or by both fine and imprisonment, or either, at the discretion of the court. [Amendment approved 1878; Code Amdts. 1877-78. p. 117.] "Maliciously" and "willfully": See ante, § 7, subds. 1, 4. Jurisdiction of police court: See Pol. Code, § 4426. Racing on highway: See ante, § 396. Legislation § 415. 1. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 243, § 112, which read: "§ 112. If any person, at late and unusual hours of the night-time, shall maliciously and willfully disturb the peace or quiet of any neighbor- hood or family by loud or unusual noises, or by tumultuous and of- fensive conduct, threatening, traducing, quarreling, challenging to fight, or fighting, every person convicted thereof shall be fined in a sum not exceeding two hundred dollars, or imprisoned in the county jail not more than two months." When enacted in 1872, § 415 read: "Every person who maliciously and willfully disturbs tho §■410 PENAL CODE. 198 peace or quiet of any neigbborhood, family, or person, by loud or unusual noise, or by tumultuous or ofl'eusive conduct, or by threaten- ing, traducing, quarreling, challenging to fight, or fighting, is pun- ishable bj' fine not exceeding two hundred dollars, or by imprison- ment in the county jail not exceeding two months." 2. Amended by Code Amdts. 1877-78, p. 117. § 416. Refusing- to disperse upon lawful command. If two or more persons assemble for tlic purpose of (listur])ins the public peace, or committinj? any unlawful act, and do not disperse on Ijeinf;' desired or commanded so to do by a public officer, the persons so offending arc severally guilty of a misdemeanor. Legislation § 416. Enacted February 14. 1872; based on Crimes and Punishment Act, Stats. 1850, p. 243, §113, which read: "§11.3. If two or more persons assemble for the purpose of disturbing the public peace or committing any unlawful act, and do not disperse on being desired or commanded so to do by a judge, justice of the peace, sheriff, coroner, constable, or other public officer, the persons so offending shall, on conviction, be severally fined in any sum not exceeding five hundred dollars, and imprisoned in the county jail not more than six months." § 417. Exhibiting- deadly weapon in rude, etc., manner, or using the same unlawfully. Every person Avho, not in neces- sary self-defense, in tlie presence of two or more persons, draws or exhibits any deadly weapon in a rude, angry, and threatening manner, or who, in any manner, unlawfully uses the same, in any fight or quarrel, is guilty of a misdemeanor. Legislation § 417. Enacted February 14, 1872; based on Stats. 1855, p. 268, § 1. § 418. Forcible entry and detainer. Every person using or procuring, encouraging or assisting another to use, any force or violence in entering upon or detaining any lands or other possessions of another, except in the cases and in the manner allowed by law, is guilty of a misdemeanor. Forcible entry and detainer: See Code Civ. Proc, §§ 1159 et seq. Legislation § 418. Enacted February 14, 1872; based on Field's Draft, § 492, N. Y. Pen. Code, § 465. § 419. Returning to take possession of lands after being removed by legal proceedings. Every person wdio has been removed from any lands by process of law, or who has re- moved from any lands pursuant to the lawful adjudication or direction of any court, tribunal, or officer, and who after- wards unlawfully returns to settle, reside upon, or take possession of such lands, is guilty of a misdemeanor. Legislation § 419. Enacted February 14, 1872. (Field's Draft, § 493, N. Y. Pen. Code, § 466.) The code commissioners say: "This section is founded upon and to carry out the spirit of an act for the punishment of contempts and trespasses. (Stats. 1862, p. 1]5.)" 199 Crimes against public peace. § 421 § 420. Preventing- person from entering upon public lands. Every person who unlawfully prevents, hinders, or obstructs any person from peaeeabl}' entering upon or establishing a settlement or residence on any tract of public land of the United States within the state of California, subject to set- tlement or entry under any of the public land laws of the United States ; or who unlawfully hinders, prevents, or ob- structs free passage over or through the public lands of the United States within the state of California, for the purpose of entry, settlement, or residence, as aforesaid, is guilty of a misdemeanor. Legislation § 420. 1. Addition by Stats. 1901, p. -462; unconstitu- tional. See note, § 5, ante. 2. Added by Stats. 1905, p. 675; the code commissioner saying, "This is a codification of the statute of 1887, p. 147." Another sec- tion numbered 420 was added by Code Amdts. 1877-78, p. 117, and related to inciting riots; this section was repealed by Code Amdts. 1880, p. 1. § 421. National guard, discrimination against members of. No association or corporation shall by any constitution, rule, by-laAV, resolution, vote or regulation, discriminate against any member of the national guard of California because of his membership therein. Any person who willfully aids in enforcing any such constitution, rule, by-law, resolution, vote or regulation against any member of said national guard of California, is guilty of a misdemeanor. Legislation § 421. Added by Stats. 1905, p. 190. !5 424 PENAL CODE. 200 TrrLi^j xii. Crimes Against the Revenue and Property of this State. S 421. Kmbczzlciiicnt ainl falsification of accounts by public ofTicers. § 425. Oflicers neglectinogislation § -JGl. §460. "Burglary" defined. Every l)iirj:>lary committed ill llic iiiglil-time is l)urgl;u'y of the first (lef?reo, and every burglary conunitted in the daytime is l)urglary of tlie second degree. [Amendment approved 1876 ; Code Amdts. 1875- 76, p. 112.] Legislation § 460, 1. Enacted February 14, 1872, and then pro- vided for the punishment of burglary (the present § 461). See post, §461. 2. Amended by Code Amdts. 1875-76, p. 112, this so-called amend- ment being in fact the addition of a new section. § 461. Burglary. Penalty for. Burglary of the first degree is punishable by imprisonment in the state prison for not less than one nor more than fifteen years. Burglary of the second degree is punishable by imprisonment in the state prison for not more than five years. [Amendment approved 1876; Code Amdts. 1875-76, p. 112.] Legislation § 461. 1. Enacted February 14, 1872, as § 460, and then read: "460. Burglary is punishable by imprisonment in the state prison for not less than one nor more than fifteen years." The code commissioners say: "By the act of 1858 (Stats. 1S5S, p. 206) the crime of burglary was punishable by imprisonment in the state prison for a term not less than one nor more than ten years, whilst grand larceny, a less heinous crime, might be punished with im- prisonment in the state prison for fourteen years. (Stats. 1856, p. 219, § 7.) The commissioners have reduced the maximum pun- ishment for larceny from fourteen years to ten years, and increased that of burglary from ten years to fifteen years." 2. Amended by Code Amdts. 1875-76, p. 112, changing the section number to 461 and amending the section. The original code § 461 defined "housebreaking," and read: "461. Every person who, in the daytime, enters any dwelling-house, shop, warehouse, store, mill, barn, stable, outhouse, other building, vessel, or railroad car, with intent to steal or to commit any felony whatever therein, is guilty of housebreaking." Cf. the present § 459. §462. Punishment of housebreaking". [Repealed 1876; Code Amdts. 1875-7G, p. 112.] Legislation § 462. 1. Enacted February 14, 1872. 2. Repealed by Code Amdts. 1875-76, p. 112. § 463. ' ' Night-time" defined. The phrase ' ' night-time, ' ' as used in this chapter, means the period between sunset and «i-unrise. "Night-time," defined: See ante, §§7, subd. 13, 450. 211 POSSESSING BURGLARIOUS INSTRUMENTS, ETC. § 467 Legislation § 463. 1. Enacted Fel)rnary 14, 1872; based on Field's Draft, § 524. 2. Repealed by Stats. 1901, p. 462; unconstitutional. See note, § 5, ante. ClIAPTEK III. Having Possession of Burglarious Instruments and Deadly Weapons. § 466. Having possession of any instrument with intent to commit burglary. § 467. Having possession of deadly weapons with intent to commit an assault. § 466. Having- possession of any instrument with intent to commit burglary. Every person having upon him or in his possession a picklock, crow, keybit, or other instrument or tool vrith intent feloniously to break or enter into any building-, or who shall knowingly -make or alter, or shall at- tempt to make or alter, any key or other instrument above named so that the same Avill fit or open tho lock of a build- ing, without being requested so to do by some person hav- ing the right to open the same, or who shall make, alter, or repair any instrument or thing, knowing or having reason to believe that it is intended to be used in committing a mis- demeanor or felony, is guilty of misdemeanor. Any of the structures mentioned in section four hundred and fifty-nine of this code shall be deemed to be a building within the meaning of this section. [ AmendDtent approved 1874 ; Code Amdts. 1873-74, p. 463.] Legislation § 466. 1. Enacted February 14, 1872 (N. Y. Pen. Code, § 508) ; based on Crimes and Punishment Act, Stats. 1850, p. 245, § 127, which read: "§ 127. If any person shall be found having upon him or her any picklock, crow, key, bitt, or other instrument or tool, with intent feloniously to break and enter into any dwelling- house, store, shop, warehouse, or other building containing valuable property, or shall be found in any of the aforesaid buildings with intent to steal any money, goods, and chattels, every person so of- fending shall, on conviction thereof, be imprisoned in the county jail not more than two years; and if any person shall have upon him any pistol, gun, knife, dirk, bludgeon, or other offensive weapon, with intent to assault any person, every such person, on conviction, shall be fined not more than one hundred dollars or imprisoned in the county jail not more than three months." When enacted in 1872, § 466 read: "Every person having upon him a picklock, crow key, bit, other instrument or tool, with intent feloniously to break or enter into any building, is guilty of a misdemeanor." 2. Amended by Code Amdts. 1873-74, p. 463. Cf. "crow, key, bitt," of the Crimes and Punishment Act; "crow key, bit,-- of the original code section; "crow, keybit," of the amendment of 1873-74 (the present section). § 467. Having- possession of deadly weapons with intent to commit an assault. Every person having upon him any § 470 PEXAL CODE, 212 deadly weapon with intent to ass;\ult another, is guilty of a misdemeanor. Legislation § 467. Enacted February 14, 1872; based on Crimes and Puuishmeut Aot. St>f-^ is-ci -^ 'r^* S i;' >=''o :»nte. Legislation § 46t>. CHAPTKK IV. Forgery and Counterfeiting. § 470. Forgery of wills, conveyances, etc. § 471. Making false entries in records or returns. § 472. Forgery of public and corporate seals. § 472a. Penalty for signing false name to petitions. § 473, Punishment of forgery. § 474. Forging telegraph or telephone messages. § 475. Passing or receiving forged notes. § 476. Making, passing, or uttering fictitious bills, etc. § 476a. Penalty for issuing bank obeek with intent to defraud. § 477. Counterfeiting coin, bullion, etc. § 47S. Punishment of counterfeiting. § 479. Possessing or receiving counterfeit coin, bullion, etc. § 4S0. Making or possessing counterfeit dies or plates. § 4S1. Counterfeiting railroad or steamship tickets. I 452. Restoring canceled railroad or steamship tickets. § 470. Forgery of wills, conveyances, etc. Every person who, Avith intent to defraud, signs the name of another per- son, or of a fictitious person, knowing that he has no author- ity so to do, to, or falsely makes, alters, forges, or counter- feits, any charter, letters-patent, deed, lease, indenture, writing obligatory, will, testament, codicil, bond, covenant, bank bill or note, postnote, cheek, draft, bill of exchange, contract, promissory note, due-bill for the payment of money or property, receipt for money or property, passage ticket, power of attorney, or any certificate of any share, right, or interest in the stock of any corporation or association, or any controller's warrant for the payment of money at the treas- ury, county order or warrant, or request for the payment of money, or the delivery of goods or chattels of any kind, or for the delivery of any instrument of writing, or ac- quittance, release, or receipt for money or goods, or any acquittance, release, or discharge of any debt, account, suit, action, demand, or other thing, real or personal, or any transfer or assurance of money, certificate of shares of stock, goods, chattels, or other property whatever, or any letter of attorney, or other power to receive money, or to receive or transfer certificates of shares of stock or annuities, or to let, lease, dispose of, alien, or convey any goods, chattels, lands, or tenements, or other estate, real or personal, or any ac- ceptance or indorsement of any bill of exchange, promissory note, draft, order, or any assignment of any bond, writing 213 FORGERY AND COUNTERFEITING, § 4:70 obligatory, promissory note, or other contract for money or other property ; or counterfeits or forges the seal or hand- ■\vriting of another ; or utters, publishes, passes, or attempts to pass, as true and genuine, any of the above-named false, altered, forged, or counterfeited matters, as above specified and described, knowing the sarme to be false, altered, forged, or counterfeited, Avith intent to prejudice, damage, or de- fraud any person; or Avho, with intent to defraud, alters, corrupts, or falsifies any record of any will, codicil, con- veyance, or other instrument, the record of which is by law evidence, or any record of any judgment of a court or the return of any officer to any process of any court, is guilty of forgerv. [Amendment approved 1905; Stats. 1905, p. 673.] Forgery of records: See post, § 471. Legislation § 470. 1. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 237, § 73, which read: "§ 73. Every person who shall falsely make, alter, forge, or counterfeit any record or other authentic matter of a public nature, or any char- ter, letters patent, deed, lease, indenture, writing obligatory, will, testament, codicil, annuity, bond, covenant, bank bill or note, post note, check, draft, bill of exchange, contract, promissory note, due- bill for the payment of money or property, receipt for money or property, power of attorney, any comptroller's warrant for the pay- ment of money at the treasury, county order or warrant, or request for the payment of money or the delivery of goods or chattels of any kind, or for the delivery of any instrument of writing, or ac- quittance, release, or receipt for money or goods, or any acquittance, release, or discharge for any debt, account, suit, action, demand, or other thing real or personal, or any transfer or assurance of money, stock, goods, chattels, or other property whatever, or any letter of attorney, or other power to receive money, or to receive or transfer stock or annuities, or to let, lease, dispose of, alien, or convey any goods or chattels, lands or tenements, or other estate, real or per- sonal, or any acceptance or indorsement of any bill of exchange, promissory note, draft, order, or assignment of any bond, writing obligatory, or promissory note for money or other property, or shall counterfeit or forge the seal or handwriting of another, with intent to damage and defraud any person or persons, body politic or cor- porate, whether the said person or persons, body politic or corpo- rate, reside in or belong to this state or not, or shall utter, publish, pass, or attempt to pass, as true and genuine, any of the above- named false, altered, forged, or counterfeited matters, as above specified and described, knowing the same to be false, altered, forged, or counterfeited, with intent to prejudice, damage, or de- fraud any person or persons, body politic or corporate, whether the said person or persons, body politic or corporate, reside in this state or not: every person so offending shall be deemed guilty of forgery, and upon conviction thereof shall be punished by imprisonment in the state prison for a term not less than one year nor more than fourteen years." ^Yhen enacted in 1S72, § 470 differed from the amendment of 1905 (the present section), (1) the first part of the section then reading, "Every person who, with intent to defraud an- other, falsely makes"; (2) haviu;j (a) "letters, patent," instead of § 472a PENAL CODE. 214 "letters-patent" (qiuvre as to the hyplieii) ; (b) "annuity" after "codi- cil"; (e) "post note" instead of "postnoto" (as to which, qua-re) ; (d) "discharge for any debt" instead of "discliarge of any debt"; (e) "certificates of shares" instead of "certificate of shares"; (f) "or as- signment of any bond, writing obligatory, or promissory note for money or other property" instead of "or any assignment of any bond, writing obligatory, promissory note, ur otlicr contract for money or other property." 2, AmendnuMit by Stats. 1901, p. -1()2; nnconstitutimial. Sec note, § 5, ante. 3. Amended by Stats. 1905, p. 673; the code commissioner saying, "The purpose of the amendment is to make the forging of the name of a fictitious person, or knowingly signing the name of another, criminal if done with intent to defraud." § 471. Making- false entries in records or returns. Every . pei'son wlio, "with intent to dofi-aiul anotlior, makes, forces, or alters any entry in any book of records, or any instru- ment purporting to be any record or return specified in the preceding section, is guilty of forgery. Forgery of records: See ante, § 470. Legislation § 471. Enacted February 14, 1872 (Field's Draft, §5.57); based on Crimes and Punishment Act, Stats. 1850, p. 237, §73. § 472. Forgery of public and corporate seals. Every per- son who, with intent to defraud another, forges, or counter- feits the seal of this state, the seal of any public officer au- thorized l)y law, the seal of any court of record, or the seal of any corporation, or any other public seal authorized or recognized by the laAvs of this state, or of any other state, government, or country, or who falsely makes, forges, or counterfeits any impression purporting to be an impression of any such seal, or Avho has in his possession any such counterfeited seal or impression thereof, knowing it to be counterfeited, and willfully conceals the same, is guilty of forgery. Legislation § 472. Enacted February 14, 1872 (Field's Draft, § 555, N. Y. Pen. Code, § 511); based on Crimes and Punishment Act, Stats. 1850, p. 238, § 81. The code commissioners say: "Extended to in- clude corporate and foreign seals." § 472a. Penalty for signing false name to petitions. Every person Avho subscrilies to any initiative, referendum or recall petition or to any nominating petition a fictitious name, or who subscribes thereto the name of another, is guilty of a felony and is punishable by imprisonment in the state prison for not less than one nor more than fourteen years. Legislation § 472a. Added by Stats. 1915, p. 51. Note. This section was added by chapter 43 of the statutes of 1915, p. 51. The title of the act read, "An act to add a new section 215 FORGERY AND COUNTERFEITING. § 475 to the Penal Code to be numbered fifty a." The enacting portion of the same act read, "There is hereby added to the Penal Code a new section to be numbered section four hundred and seventy- two a." To avoid the confusion liable to arise over the difference in the numbers, the section has been inserted under both numbers. § 473. Punishment of forg-ery. Forgery is puiiisliable by imprisonment in the state prison for not less than one nor more than fourteen years. Legislation § 473. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 237, § 73. See ante, Legislation §470. § 474. Forging- telegraph or telephone messages. Every person -who knowingly and Avillfnlly sends by telegraph or telephone to any person a false or forged message, purport- ing to be from a telegraph or telephone office, or from any other person, or who willfully delivers or causes to be de- livered to any person any such message falsely purporting to have been received by telegraph or telephone, or Avho furnishes, or conspires to furnish, or causes to be furnished to any agent, operator, or employee, to be sent by telegraph or telephone, or to be delivered, any such message, knowing the same to be false or forged, with the intent to deceive, in- jure, or defraud another, is punishable by imprisonment in the state prison not exceeding five years, or in the county jail not exceeding one year, or by fine not exceeding five thousand dollars, or by both such fine and imprisonment. [Amendment approved 1905 ; Stats. 1905, p. 674.] Legislation § 474. 1. Enacted February 14, 1872; based on Stats. 1S62, p. 288, § 2. 2. Amendment by Stats. 1901, p. 463; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 674, (1) adding "or telephone" after "telegraph" in the four instances; (2) changing "such" to "a" be- fore "telegraph" in the second instance; (3) adding "such" before "fine and imprisonment," at end of section. § 475. Passing' or receiving' forged notes. Every person who has in his possession, or receives from another person, any forged promissory note or bank Inll, or bills, for the payment of money or property, with the intention to pass the same, or to permit, cause, or procure the same to be uttered or passed, with the intention to defraud any person, knowing the same to be forged or counterfeited, or has or keeps in his possession any blank or unfinished note or bank bill made in the form or similitude of any promissory note or bill for payment of money or property, made to be is- sued by any incorporated bank or ])anking company, with intention to fill up and complete such l)lank and unfinished § 47G PKNAL CODE. 216 note or l)ill, or to poniiit, or cause, or procure tlie same to be filled up and completed in order to utter or pass the same, or to permit, or cause, or procure the same to be uttered or passed, to defi-aud any person, is punishable by imprisonment in the state prison for not less than one nor more thnn fourteen years. Legislation § 475. Enacted February 14, 1872; leased on Crimes and Punishment Act, Stats. 1850, p. 23S, § 7C, which read: "§76. Every person who shall have in his possession or shall receive from any other person any forged promissory note or notes, or bank bills, or bills for the payment of money or property, with intention to pass the same, or to permit, cause, or procure the same to be uttered or passed, with intention to defraud any person or persons, body poli- tic or corporate, whether such person or persons, body politic or corporate, reside in or belong to this state or not, knowing the same to be forged or counterfeited, or shall have or keej) in his possession any blank or unfinished note, or blank bill, made in the form or similitude of any promissory note or bill for payment of money or property, made to be issued by any incorporated bank or banliing company, with intention to fill up and complete such blank and un- finished note or bill, or to permit, or cause or procure the same to be filled up and completed in order to utter or pass the same, or to per- mit, or cause, or procure the same to be uttered and passed, to de- fraud any person or persons, body politic or corporate, whether in the state or elsewhere, shall, on conviction thereof, be punished by imprisonment in the state prison for a term not less than one, nor more than fourteen years." § 476. Making-, passing-, or uttering- fictitious bills, etc. Every person Avho makes, passes, utters, or publishes, with intention to defraud any other person, or who, with the like intention, attempts to pass, utter, or publish, or who has in his possession, Avith like intent to utter, pass, or publish, any fictitious bill, note, or check, purporting to be the bill, note, or check, or other instrument in writing for the payment of money or property of some bank, corporation, copartner- ship, or individual, when, in fact, there is no such bank, cor- poration, copartnership, or individual in existence, knoAving the bill, note, check, or instrument in writing to be fictitious, is punishable by imprisonment in the state prison for not less than one nor more than fourteen years. Legislation § 476. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1S50, p. 238, § 77, which read: "§ 77. Every person who shall make, pass, utter, or publish, with an inten- tion to defraud any other person or persons, body politic or corpo- rate, either in this state or elsewhere, or with the like intention shall attempt to pass, utter, or publish, or shall have in his posses- sion, with like intent to utter, pass, or publish any fictitious bill, note, or check, purporting to be the bill, note, or check, or other instrument in writing for the payment of money or property of some bank, corporation, copartnership, or individual, when in fact there shall be no such bank, corporation, or copartnership, or indi- vidual in existence, the said person knowing the said bill, note, 217 FORGERY AND COUNTERFEITING. § 478 check, or iustnimcut in writing for the payment of money or prop- erty to be fictitious, shall be deemed guilty of forgery, and on con- viction thereof shall be punished by imprisonment in the state prison for a term not less than one, nor more than fourteen years." § 476a. Penalty for issuing" bank check with intent to defraud. Every person who, AvillfuUy, with intent to de- fraud, makes or draws, or utters, or delivers to another per- son, any check or draft on a bank, banker or depositary for the payment of money, Icnowdng at the time of sucli making, drawing, uttering or delivery, that he has not sufficient funds in, or credit with, such bank, banker or depositary, to meet such check or draft in full upon its presentation, is punishable by imprisonment in the county jail for not more than one year or in the state prison for not more than fourteen years. The Avord "credit" as used herein shall be construed to be an arrangement or understanding with the bank or depositary for the payment of such check or draft. [Amendment approved 1915; Stats. 1915, p. 731.] Legislation § 476a. 1. Added by Stats. 1907, p. 633. 2. Amended by Stats. 1915, p. 731. The change consists in the addition of the words "in the county jail for not more than one year or." § 477. Counterfeiting" coin, bullion, etc. Every person w^ho counterfeits any of the species of gold or silver coin current in this state, or any kind of species of gold-dust, gold or silver bullion, or bars, lumps, pieces, or nuggets, or who sells, passes, or gives in payment such counterfeit coin, dust, bullion, bars, lumps, pieces, or nuggets, or permits, causes, or procures the same to be sold, uttered, or passed, with intention to defraud any person, knoAving the same to be counterfeited, is guilty of counterfeiting. Legislation § 477. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 237, § 74, which read: "§ 74. Every person who shall counterfeit any of the species of gold or -silver coin now current, or that shall hereafter be current in this state, or shall pass or give in payment such counterfeit coin, or per- mit, cause, or procure the same to be uttered or passed, with inten- tion to defraud any person, body politic or corporate, knowing the same to be counterfeited, shall be deemed guilty of counterfeiting, and upon conviction thereof, shall be punished by imprisonment in the state prison for a term not less than one year, nor more than fourteen years." The code commissioners say: "This section is framed from § 74 of the Crimes and Punishment Act, and is ex- tended to include the kindred offenses provided for in § 1 of the act in relation to counterfeiting gold-dust, etc. (Stats. 1855, p. 178), and also to include counterfeiting silver bars, etc." § 478. Punishment of counterfeiting". Counterfeiting is punishable by imprisonment in the state prison for not less than one nor more than fourteen years. § 481 PENAL CODE. 218 Legislation § i78. Enacted Fobruary 14, 1872; based on Crimes .-111(1 I'liiiisliiiioiit Act, Stats. 1850, }.. 2.38, §§ 7(i, 77; Sfats. 18.5.1, p. 178, §§ 1, li. See ante, Legislation §§ 47:'), 47(). § 479. Possessing' or receiving counterfeit coin, bullion, etc. Eveiy person wlio lias in his possession, oi- receives for any otlier ])erson, any counterfeit g'^l^l or silver coin of the species current in tliis state, or any counterfeit f^old-dust, gold or silver bullion or bars, lumps, pieces, or nuggets, with the intention to sell, utter, put off, or pass the same, or permits, causes, or procures the same to be sold, uttered, or passed, with intention to defraud any person, knowing the same to be counterfeit, is punishable ])y imprisonment in the state prison not less than one nor more than fourteen years. Legislation § 479. Enacted February 14, 1872 (Field's Draft, § 575, N. Y. Pen. Code, § 526); based on Crimes and Punishment Act, Stats. 1850, p. 238, §75; Stats. 1855, p. 178, § 2. The Crimes and Punishment section read: "§ 75. Every person who shall have in his possession, or receive for any other person, any counterfeit gold or silver coin or coins of the species now current, or hereafter to be current in this state, with intention to utter or pass the same, or permit, cause, or procure the same to be uttered or passed, with intention to defraud any person or persons, body politic or corpo- rate, knowing- the same to be counterfeit, and being thereof duly convicted, shall be punished by imprisonment in the state prison for a term not less than one year, nor more than fourteen years." § 480. Making" or possessing counterfeit dies or plates. Every person who makes, or knoAvingly has in his possession any die, plate, or any apparatus, paper, metal, machine, or other thing whatever, made use of in counterfeiting coin current in this state, or in counterfeiting gold-dust, gold or silver bars, bullion, lumps, pieces, or nuggets, or in counter- feiting bank notes or bills, is punishable by imprisonment in the state prison not less than one nor more than fourteen years; and all such dies, plates, apparatus, paper, metal, or machine, intended for the puri)ose aforesaid, must be de- stroyed. Legislation § 480. Enacted February 14, 1872; based on Crimes and Punishment Act. Stats. 1850, p. 238, § 78; Stats. 1855, p. 178, § 1. The Crimes and Punishment section read: "§ 78. Every person who shall make, or knowingly have in his possession, any die or dies, plate or plates, or any apparatus, paper, metal, machine, or other thing whatever, made use of in counterfeiting the coin now made current, or hereafter to be made current in this state, or in coun- terfeiting bank notes or bills, upon conviction thereof shall be pun- ished by imprisonment in the state prison for a term not less than one, nor more than fourteen years; and all such dies, plates, ap- paratus, paper, metal, or machine, intended for the purpose afore- said, shall be destroyed." § 481. Counterfeiting railroad or steamship tickets. Every person who counterfeits, forges, or alters any ticket, 219 roRGERY AND COUNTERFEITING. § 482 check, order, coupon, receipt for fare, or pass, issued by any railroad or steamship conipauy, or by any lessee or manager thereof, desig-ned to entitle the holder to ride in the cars or vessels of such company, or who utters, publishes, or puts into circulation, any such counterfeit or altered ticket, cheek, or order, coupon, receipt for fare, or pass, with intent to defraud any such railroad or steamship company, or any lessee thereof, or any other person, is punishable by im- prisonment in the state prison, or in the county jail, not ex- ceeding one year, or by fine not exceeding one thousand dollars, or by both such imprisonment and fine. [Amend- ment approved 1905; Stats. 1905, p. 675.] Legislation § 481. 1. Added by Code Amdts. 1873-74, p. 433. 2. Amendment by Stats. 1901, p. 463; uueonstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 67d, adding (1) "or steamship" after "railroad" in both instances, and (2) "or vessels" after "ears." § 482. Restoring' canceled railroad or steamship tickets. Every person who, for the purpose of restoring to its origi- nal appearance and nominal value in Avhole or in part, re- moves, conceals, fills up, or obliterates, the cuts, marks, punch-holes, or other evidence of cancellation, from any ticket, check, order, coupon, receipt for fare, or pass, issued by any railroad or steamship company, or any lessee or manager thereof, canceled in whole or in part, with intent to dispose of by sale or gift, or to circulate the same, or with intent to defraud the railroad or steamship company, or lessee thereof, or any other person, or who, with like intent to defraud, offers for sale, or in payment of fare on the rail- road or vessel of the company, such ticket, check, order, coupon, or pass, knowing the same to have been so restored, in Avhole or in part, is iiunishal)le by imprisonment in the county jail not exceeding six months, or by a fine not exceed- ing one thousand dollars, or by both such imprisonment and fine. [Amendment approved 1905; Stats. 1905, p. 675.] Legislation § 482, 1. Added by Code Amdts. 1873-74, p. 433. 2. Amendment by Stats. 1901, p. 463; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 675, adding (1) "or steamship" after "railroad" in both instances, and (2) "or vessel" after "fare on the railroad." § 485 PENAL CODE. 220 CilAlTKU V. Larceny. § 48-1. "Larceny" defined. § 485. Larceny of lost property. S 486. Grand and petit larceny. S 487. Grand larcen3- defined. § 488. Petit larceny. § 489. Punishment of grand larceny. § 490. Punishment of petit larceny. § 491. Dogs are personal property. § 492. Larceny of written instruments. S 493. Value of passage tickets. § 494. Written instruments completed but not delivered. § 495. Severing and removing part of the realty declared larceny. § 49n. Buying or receiving stolen goods. Presumptive evidence. § 497. Larceny. Eeceiving property stolen in another state. § 498. Injuries to gas service-pipes. § 499. Stealing water. § 499a. Stealing electricity a misdemeanor. § 499b. Taking motor vehicle, bicycle, etc., temporarily, a misde- meanor. § 499e. Unlawful use of automobiles. § 500. Larceny of goods saved from fire in San Francisco. § 501. Purchasing or receiving in pledge junk, etc. § 502. Applies sections 339, 342, and 343 to junk dealers, etc. [Re- pealed.] § 502i. Eemoval of improvements from mortgaged real property is larceny. § 484. "Larceny" defined. Larceny is the felonious stealing, taking, carrying, leading, or driving away the personal property of another. Embezzlement: Post. § 503 ct seq. Act to more fully define larceny: See post, Appendix, tit. "Lar- ceny." Act to punish stealing gold-dust, amalgam, or quicksilver: See post, Appendix, tit. "Larceny." Legislation § 484. Enacted February 14, 1872 (Field's Draft, § 584, ISr. Y. Pen. Code, § 528) ; based on Crimes and Punishment Act. §§60, 61, as amended by Stats. 1856, p. 220, §§ 7, 8, which read: "§ 60. Every person who shall feloniously steal, take and carry away, lead, or drive away, the personal goods or property of an- other, of the value of fifty dollars, or more, shall be deemed guilty of grand larceny, and, upon conviction thereof, shall be punished by imprisonment in the state prison for any term not less than one year, nor more than fourteen years. §'61. Every person who shall feloniously steal, take' and carry, lead, or drive away, the personal goods, or property of another, under the value of fifty dollars, shall be deemed guilty of petit larceny, and, upon conviction thereof, shall be punished by imprisonment in the county jail not more than six months, or by fine not exceeding five hundred dollars, or by such fine and imprisonment " § 485. Larceny of lost property. One who finds lost property under circumstances which give him knowledge of 221 LARCENY. § 488 or means of inquiry as to the true o-wner, and who appro- priates such property to his own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and restore the property to him, is guilty of larceny. Lost and unclaimed property: See Pol. Code, §§ 3136-3157; Civ. Code, §§ 1S64-1S72. Legislation § 485. Enacted February 14, 1872; based on Field's Draft, § 585, N. Y. Pen. Code, § 539. § 486. Grand and petit larceny. Larceny is divided into two degrees, the first of which is termed grand larceny ; the second, petit larceny. Legislation § 486. Enacted February 14, 1872 (identical witli Field's Draft, § 586) ; based on Crimes and Punishment Act, Stats. 1850, p. 235, §§ 60, 61. See ante. Legislation § 484. § 487. Grand larceny defined. Grand larceny is larceny committed in either of the following cases : 1. When the property taken is of a value exceeding fifty dollars. 2. When the property is taken from the person of another. 3. When the property taken is a horse, mare, gelding, cow, steer, bull, calf, mule, jack or jenny. [Amendment approved 1907; Stats. 1907, p. 113.] Larceny, defined: See ante, § 484. Stealing of gold-dust, amalgam, quicksilver, etc., is grand larceny: See post. Appendix, tit. "Larceny." Legislation § 487. 1. Enacted February 14, 1872 (Field's Draft, §587, N. Y. Pen. Code, § 530) ; based on Crimes and Punishment Act, Stats. 1850, p. 235, § 60; Stats. 1856, p. 220, § 7; Stats. 1867-68, p. 461, § 1; Stats. 1869-70, p. 777, § 1. See ante. Legislation § 484. 2. Amended by Stats. 1895, p. 35, in subd. 3, omitting "goat, sheep, or hog" from end of subdivision; the section then reading as the amendment of 1907 (the present section). 3. Amended by Stats. 1901, p. 290, in subd. 3, adding "bicycle" before "horse." 4. Amendment by Stats. 1901, p. 464; unconstitutional. See note, § 5, ante. 5. Amended by Stats. 1907, p. 113, in subd. 3, omitting "bicycle" before "horse"; the section now reading as the amendment of 1895. § 488. Petit larceny. Larceny in other cases is petit larceny. Jurisdiction of police coiu't: See Pol. Code, § 4426. Legislation § 488. Enacted February 14, 1872; identical with Field's Draft, § 5SS, and N. Y. Pen. Code, § 532; based on Crimes and Punishment Act, § 61, as amended by Stats. 1856, p. 220, § 8. See ante, Legislation § 484. § 493 PENAL CODE. 222 §489. Punishment of grand larceny. (Iraiid larceny is puiiisliahic by iiiipi'i.soiuuciit in the slate pi'isou i'or not less Ilia 11 one nor more than ten years. Legislation § 489. Enacted Fchniary 14, 1872 (Field's Draft, § ."iSfl, N. Y. I'en. Code, § 5o3) ; based on Crimes and Piinisiunent Act, § 60, as amended by Stats. 1856, p. 220, § 7. See ante, Legislation §§460,484. §490. Punishment of petit larceny. Petit lai-ceny is punishable by fine not (^xeeediny li\'e luiiulred dollars, or by iniprisonnient in the county jail not exceeding six months, or both. Legislation § 490. Enacted February 14, 1872 (Field's Draft, § 590, N. Y. Pen. Code, § 535) ; based on Crimes and Punishment Act, § 61, as amended by Stats. 1856, p. 220, § 8. See ante, Legislation §484. § 491. Dogs are personal property. Dogs are personal property, and their value is to be ascertained in the same manner as the value of other property. [Amendment ap- proved 1887; Stats. 1887, p. 131.] Malicious injury to animal: Post, § 597. Legislation § 491. 1. Enacted February 14, 1872 (based on Stats. 1860, p. 70, § 1), and then read: "Dogs are property, and of the value of one dollar each, within the meaning of the terms 'property' and 'value,' as used in this chapter." 2. Amended by Stats. 1887, p. 131. § 492. Larceny of written instruments. If the thing stolen consists of any evidence of debt, or other Avritten in- strument, the amount of money due thereupon, or secured to be paid thereby, and remaining unsatisfied, or "which in any contingency might be collected thereon, or the value of the property the title to which is shown thereby, or the sum which might be recovered in the absence thereof, is the value of the thing stolen. Larceny of written instruments: See post, § 494.. Legislation § 492. Enacted February 14, 1872; almost identical with Field's Draft, § 593, N. Y. Pen. Code, §545; Crimes and Pun- ishment Act, § 62, as amended by Stats. 1856, p. 220, § 9. § 493. Value of passage tickets. If the thing stolen is any ticket or other paper or writing entitling or purporting to entitle the holder or proprietor thereof to a passage upon any railroad or vessel or other public conveyance, the price at which tickets entitling a person to a like passage are usually sold by the proprietors of such conveyance is the value of such ticket, paper, or writing. Legislation § 493. Enacted February 14, 1872; based on Field's Draft, § 594, N. Y^ Pen. Code, § 546. 223 LARCENY. § 496 § 494. Written instruments completed but not delivered. All the provisions of this chapter apply where the property taken is an instrument for the payment of money, evidence of debt, public security, or passage ticket, completed and read}' to be issued or delivered, although the same has never been issued or delivered by the makers thereof to any person as a purchaser or owner. Embezzlement of evidence of debt: Post, § 510. Larceny of written instruments: See ante, § 492. Legislation § 494. Enacted February 14, 1872; almost identical with Field's Draft, § 595, N. Y. Pen. Code, § 536. § 495. Severing and removing- part of the realty declared larceny. The provisions of this chapter apply where the thing taken is any fixture or part of the realty, and is severed at the time of the taking, in the same manner as if the thing had been severed by another person at some pre- vious time. Act to punish stealing from mining claim, etc.: See post, Appen- dix, tit. "Larceny." Severing personalty from realty: See post, Appendix, tit. "Lar- ceny." Legislation § 495. Enacted February 14, 1872; based on Field's Draft, § 596, X. Y. Pen. Code, § 537. § 496. Buying or receiving stolen goods. Presumptive evidence. Every person who for his own gain, or to prevent the owner from again possessing his property, buys or re- ceives any personal property, knowing the same to have been stolen ; or any person who having bought or received stolen personal property, who after having been informed that said property then in his possession is stolen property, and after a demand, in writing, for the delivery of same has been made upon him by the owner of said stolen property, or a peace- officer, within three months after he bought or received the same, secretes said property, or gives, sells, conveys or trans- fers said stolen property to another person not entitled thereto, Avith intent to prevent the owner from again pos- sessing his property, is punishable by imprisonment in the state prison not exceeding five years, or in the county jail not exceeding six months, and it shall be presumptive evi- dence that such property was stolen, if the same was pur- chased or received from a person under the age of eighteen years, unless such property w^as sold by such minor at a "fixed place of business carried on by such minor or his emplover. [Amendment approved 1907 ; Stats. 1907, p. 301.] " Legislation § 496. 1. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 236, § 63. The code commis- § 498 PENAL CODE. 224 sioneis say: "This is founded upon § 6.3 of tlie Crimes and Punish- ment Act (Stats. 1850, p. 229), which contains a provision that 'every such person may be tried, convicted and punished, as well before as after the trial of his principal.' This provision is trans- ferred to the Criminal Procedure Act." When enacted in 1872, § 496 read: "Every person who, for his own gain, or to prevent the owner from again possessing his property, buys or receives any personal property, knowing tlie same to have been stolen, is punishable by imprisonment in the state prison not exceeding five years, or in the county jail not exceeding six months, or by both." 2. Amended by Code Amdts. 1873-74, p. 464, adding a clause at end of original code section, reading, "and it shall be presumptive evidence that such propertj' was stolen, if the same consists of jewelry, silver, or plated ware, or articles of personal ornament, if purchased or received from a person under the age of eighteen, unless such property is sold by said minor at a fixed place of busi- ness carried on by said minor or his employer." 3. Amendment by Stats. 1901, p. 4Ij4; uuconslif utional. See note, § 5, ante. 4. Amended by Stats. 1905, p. 718, (1) omitting the words "or by both," the final words of the original code section; (2) in the addition of 1873-74, (a) adding the word "years" after "age of eighteen," and (b) changing "said minor" to "such minor" in both instances; the code commissioner saying, "The change consists in the omission of the words 'or both' after 'months.' Obviously it was not the intention of the legislature that the same offense should be punishable by imprisonment in both the state prison and the county jail." 5. Amended by Stats. 1907, p. 301. § 497. Larceny. Receiving- property stolen in another state. Every person who, in another state or country steals or embezzles the property of another, or receives such prop- erty knowing it to have been stolen or embezzled, and brings the same into this state, may be convicted and punished in the same manner as if such larceny, or embezzlement, or receiving, had been committed in this state. [Amendment approved 1905; Stats. 1905, p. 718.] Bringing stolen property into state: See ante, § 27; post, § 789. Legislation § 497. 1. Enacted February 14, 1872; based on Field's Draft, § 600. 2. Amendment by Stats. 1901, p. 464; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 718, adding the words "or em- bezzles," "or embezzled," and "or embezzlement"; the code commis- sioner saying of the additions, "The object of the amendment is to enlarge the scope of the section to include cases of embezzlement." § 498. Injuries to gas service-pipes. Every person who shall willfully, with intent to injure or defraud, make or cause to be made, or uses or causes to be used, any pipe, tube, or other instrument or conduit in connection with any main, service-pipe or other pipe or conduit owned or con- trolled by any other person for conducting or supplying 225 LARCENY. § 49ya illuminating or fuel gas, in such manner as to supply such or any illuminating or fuel gas to any burner, or outlet by or at which illuminating or fuel gas is consumed or other- wise used or wasted without passing through any meter provided for the measuring and registering the quantity of gas passing through such pipes, tubes or other conduits, or willfully acts in any other manner so as to evade, or cause the evasion of payment therefor, and every person who, Avith like intent, injures or alters any gas meter or register, or obstructs its action, is guiltv of a misdemeanor. [Amend- ment approved 1909; Stats. 1909, p. 329.] Legislation § i98. 1. Enacted February 14, 1872 (based on Field's Draft, § 599, N. Y. Pen. Code, § 651; Stats. 1859, p. 309, §§ 1, 2), and then read: "Every person who, with intent to injure or defraud, makes or causes to be made any pipe, tube, or other instrument, and connects the same, or causes it to be connected, with any main, service-pipe, or other pipe for conducting or supplying illuminating- gas, in such manner as to supply illuminating-gas to any burner or orifice, by or at which illuminating-gas is consumed, around or with- out passing through the meter provided for the measuring and regis- tering the quantity consumed, or in an}^ other manner so as to evade payment therefor, and every person who, with like intent, injures or alters any gas-meter or obstructs its action, is guilty of a misde- meanor." 2. Amendment by Stats. 1901, p. 464; unconstitutional. See note, § o, ante. 3. Amended by Stats. 1909, p. :^29. § 499. Stealing- water. Every person Avho, with intent to injure or defraud, connects or causes to be connected, any pipe, tube, or other instrument, Avith any main, service- pipe, or other pipe, or conduit or flinne for conducting water, for the purpose of taking water from such main, service- pipe, conduit or flume, without the knowledge of the owner thereof, and with intent to evade payment therefor, is guilty of a misdemeanoi'. Taking water from canal, flume, etc.: See post, § 592. Legislation § 499. Enacted Februarv 14, 1872 (N. Y. Pen. Code, § 651a); based on Stats. 1861, p. 533, §§ 1, 2, 3. § 499a. Stealing electricity a misdemeanor. Every per- son Avho, Avith intent to injure or defraud, shall unlaAvfully connect, or procure another to connect, Avith any electric apparatus or any electric Avire, operated by any person, per- sons or corporation authorized to generate, transmit, and sell electric current, Avithout the knoAvledge and consent of such person, persons, or corporation operating such ap- paratus or Avires, for the purpose of appropriating electric current for light, poAver, heat, or other use, and to evade payment therefor, or AA^ho shall, Avith like intent, injure or Pen. Code — 15 § 502 PENAL CODE. 226 alter, or Avho shall procure to bo injured or altered, any electric meter or obstruct its working, or who shall procure the same to be maliciously tampered with and injured, shall be deonKul guilty of a misdemeanor. Legislation § ■499a. Added by Stnts. 1901, p. 20. § 499b. Taking motor vehicle, bicycle, etc., temporarily, a misdemeanor. • Any person who shall, without the permis- sion of tlie OM'ner thereof, take any autoiiio])ile, bicycle, motorcycle, or other vehicle, for the purpose of temporarily using or operating the same, shall be deemed guilty of n misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding two hundred dollars, or by imprison- ment not exceeding three months, or by both such fine and imprisonment. Legislation § 499b. Added by Stats. 1905, p. 184. § 499c. Unlawful use of automobiles. Every owner or manager of an putnmobile-garage, or any agent or employee of such owner or manager, or any other person, having the care, custodv or possession of any automobile, who takes, hires, runs, drives or uses such automobile, or who takes or removes therefrom anv part thereof, Avithout the owner's consent, is nunishable by a fine not exceeding one thousand dollars, or bv imprisonment in the county jail not exceeding one year or by both such fine and imprisonment. Legislation § 499c. Added by Stats. 1909, p. .^90. § 500. Larce-ny of goods .«!aved from fire in San Francisco. Every person who, in the city and countv of San Francisco, saves from fire or from a building endangered by fire, any pronertv, and for two days thereafter corruptly neglects to notifv the owner or fire marshal thereof, is punishable by imprisonment in the state prison for not less than one nor more than ten years. Ptoperty rescued from fire: See Pol. Code, § 3343. Legislation § 500. 1. Ennfted Febniavy 14. 1872. 2. Amendment by Stats. 1901, p. 464; nneonstitutional. See note, § 5, ante. § 501. Purchasing- or receivinff in pledge junk, etc. Every person Avho purchases or receives in pledge or by way of mortgage, from any person under the age of sixteen yenrs, any junk, metal, mechanical tools, or implements, is guilty of a misdemeanor. Legislation § 501. Added by Stats. 1871-72, p. 084. § 502. Applies §§ 339, 342, and 343 to junk dealers, etc. [Repealed 1901; Stats. 1901, p. 75.] 227 EMBEZZLEMENT. § 5021/^ Legislation § 502. 1. Added by Stats. 1871-72, p. 684. 2. Ecpealcd by Stats.- 1901, p. 75, the sectiou being added as a new section, numbered 344; q. v., ante. 3. Eepeal by Stats. 1901, p. 465; unconstitutional. See note, § 5, ante. § 502i/'2. Removal of improvements from mortgaged real property is larceny. Every person Avho, after mortgaging any real property, and during the existence of such mort- gage, or after such mortgaged property shall have been sold under an order and decree of foreclosure, and with intent to defraud or injure the mortgagee, his representatives, suc- cessors, or assigns, or the purchaser of such mortgaged premiums at such foreclosure sale, his representatives or assigns, takes, removes, or carries away from such mort- gaged premises, or otherwise disposes of, or permits the taking, removing, or carrying away, or otherwise disposing of, any house, barn, windmill, or water-tank, upon or affixed to such premises as an improvement thereon, without the written consent of the mortgagee, his representatives, suc- cessors, or assigns, or the purchaser at such foreclosure sale, his representatives or assigns, is guilty of larceny, and shall be punished accordingly. Removing mortgaged personal property: See post, § 538. Legislation § 5021/2. 1. Added by Stats. 1895, p. 77. 2. Amendment by Stats. 1901, p. 465, merely changing the section number to 502; unconstitutional. See note, § 5, ante. CHAPTER VI. Embezzlement. § 503. "Embezzlement" defined. § 504. When otficers of state or any association guilty of embezzle- ment. § 505. When carrier or other person having property for transporta- tion, for hire, guilty of embezzlement. § 506. When contractor, etc., guilty of embezzlement. 5 507. When bailee, tenant, or lodger guilty of embezzlement. § 508. When clerk, agent, or servant guilty of embezzlement. § 509. Distinct act of taking. § 510. Evidence of debt undelivered may be subject of embezzle- ment. §511. Claim of title a ground of defense.- § 512. Intent to restore property. § 513. Actual restoration a ground for mitigation of punishment. § 514. Punishment. Code commissioners' note to Chapter VL "This chapter is a con- siderable extension of our existing law relating to embezzlement. (§§ 66, 71. and 72 of the Crimes and Punishment Act of 1S50; Stats. 1850, p. 229, and § 70 of same act as amended, Stats. 1864, v. 40.) It is taken from the chapter of the New York Penal Code [Field's Draft]' on the same subject, pp. 217 et seq." § 506 PENAL CODE. 228 §503. ''Embezzlement" defined. Knilxz/lciiiciil is the i'raiululoiit ap])i'opriatiuii oT jtrojxTty hy a person to wlioni it has been intrusted. Officers neglecting to pay over public moneys: Soo ante, § 42o. Legislation § 503. Knactcil ]'(>briuirv H, 1872; identical with Field's Dim it, § (iOl. § 504. When officers of state or any association guilty of embezzlement. l*]\ery ofCicer ol" lliis state, or of any county, city, city and county, or other municipal corporation or sub- division thereof, and every deputy, clerk, or servant of any such officer, and every officer, director, trustee, clerk, ser- vant, or agent of any association, society, or corporation (})ii1)lie or private), who fraudulently appropriates to any use or purpose not in the due and lawful execution of his trust, any property Avhich he has in his possession or under his control by virtue of his trust, or secretes it with a fraudu- lent intent to appropriate it to such use or purpose, is guilty of embezzlement. [Amendment approved 1880; Code Amdts. 18S0, p. 8.] Public moneys: See ante, §424; post, § 514. Legislation § 504. 1. Enacted February 14, 1872 (almost identical witii Field's Draft, § 602), the section then beginning with the words "Every officer, director," the beginning of the present section, up to the words "such officer, and," being added in 1880. 2. Amended by Code Amdts. 1880, p. 8. § 505. When carrier or other person having- property for transportation, for hire, guilty of embezzlement. Every carrier or other person having under his control personal property for the purpose of transportation for hire, who fraudulently appropriates it to any use or purpose incon- sistent with the safe-keeping of such property and its trans- portation according to his trust, is guilty of embezzlement, whether he has broken the package in which such property is contained, or has otherwise separated the items thereof, or not. Legislation § 505. Enacted February 14, 1872; almost identical with Field's Draft, § 603. § 506. When contractor, etc., guilty of embezzlement. Every trustee, banker, merchant, broker, attorney, agent, assignee in trust, executor, administrator, or collector, or person otherwise intrusted with or having in his control property for the use of any other person, who fraudulently appropriates it to any use or purpose not in the due and laAvful execution of his trust, or secretes it Avith a fraudulent intent to appropriate it to such use or purpose, and any 229 EMBEZZLEMENT. § 511 contractor wlio appropriates money paid to hiui for any use or purpose, other than for that which he received it, is guilty of embezzlement. [Amendment approved 1907; Stats. 1907, p. 892.] Legislation § 506. 1. Euaoted Ffbruary 14, 1872. 2. Amended by Stats. 1907, ,p. 892, adding "and any contractor who appropriates moncj^ paid to him for any use or purpose, other than for that whicli he received it." § 507. When bailee, tenant, or lodger guilty of embezzle- ment. Every person intrusted with any property as l^ailee, tenant, or lodger, or with any power of attorney for the sale or transfer thereof, who fraudulently converts the same or the proceeds thereof to his own use, or secretes it or them with a fraudulent inteut to convert to his own use, is guilty of embezzlement. Legislation § 507. Enacted Februarv 14, 1872; almost identical with Field's Draft, § 605. § 508. When clerk, agent, or servant guilty of embezzle- ment. Every clerk, agent, or servant of auy person Avho fraudulently appropriates to his own use, or secretes with a fraudulent intent to appropriate to his own use, any prop- erty of another which has come into his control or care by virtue of his employment as such clerk, agent, or servant, is guilty of embezzlement. Legislation § 508. Enacted Februarv 14, 1872; based on Field's Draft, § 60(3. § 509. Distinct act of taking. A distinct act of taking is not necessary to constitute embezzlement. Embezzlement and larceny distinguished: See ante, §§ 484, 503. Legislation § 509. Enacted February 14, 1872; identical with first clause of Field's Draft, § 607. § 510. Evidence of debt undelivered may be subject of embezzlement. Any evidence of debt, negotiable by de- livery only, and actually executed, is the subject of em- bezzlement, whether it has been delivered or issued as a valid instrument or not. Written instruments completed, but not delivered: See also, ante, §494. Legislation § 510. Enacted February 14, 1872; almost identical with Field's Draft, § 608. § 511. Claim of title a ground of defense. Upon any in- dictment for embezzlement, it is a sufficient defense that the property was appropriated openly and avoAvedly, and under a claim of title preferred in good faith, even though such claim is untenable. But this provision does not excuse the § r)14 PENAL CODE. 230 viiilau-ful retention of the propcrlN- of iuiollior 1o ofTset or pay demands held against him. Legislation § 511. KnactPil I'diruaiv 11, 1872; Jilmo.st idf'iitical with Fic'l.l's Draft, § HOH. § 512. Intent to restore property. Tlie iaet tliat the ae- cnsed intended to restoi'e tlie property cmbez/Jed, is no oi'ound of defense or mitif^ation of punishment, if it has not been re- stored before an information lias been laid before a magis- ti'ate, or an indietnient found l)y a grand jur.y, cluirging the commission of the ofifcnse. [Amendment approved 1905; State. 1905, p. 682.] Legislation § 512. 1. Enacted February 14, 1872; identical with Field's Draft, § 610. 2. Amendment by Stats. 1901, p. 465; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 682, (1) omitting the word "of" before "mitigation"; (2) adding "or an indictment found by a grand jury." § 513. Actual restoration a ground for mitigation of pun- ishment. Whenever, prior to an information laid before a magistrate, or an indictment found by a grand jury, charg- ing the commission of embezzlement, the person accused voluntarily and actually restores or tenders restoration of the property alleged to have been embezzled, or any part thereof, such fact is not a ground of defense, but it author- izes the court to mitigate punishment, in its discretion. [Amendment approved 1905; Stats. 1905, p. 682.] Compromise by permission of court discharges prisoner when: Post, § 1378. Legislation § 513. 1. Enacted February 14, 1872; almost identical with Field's Draft, § 611. 2. Amendment by Stats. 1901, p. 465; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 682, (1) changing "any" to "an" before "information"; (2) adding "or an indictment found by a grand jury" after "before a magistrate"; (3) changing "restored or tendered" to "restores or tenders." § 514. Punishment. Every person guilty of embezzle- ment is punishable in the manner prescribed for feloniously stealing property of the value of that embezzled ; and where the property embezzled is an evidence of debt or right of action, the sum due upon it or secured to be paid by it must be taken as its value ; if the embezzlement or defalcation is of the public funds of the United States, or of this state, or of any county or municipality Avithin this state, the offense is a felony, and is punishable by imprisonment in the state prison not less than one nor more than ten years ; and the 231 EXTORTION. § 518 person so convicted is ineligible thereafter to any office of honor, trust, or profit in this state. [Amendment approved 1905; Stats. 1905, p. 682.] EmbezL'lement of public funds: See ante, § 424. Embezzlement of public funds. "No person convicted of the em- bezzlement or defalcation of the public funds of the United States, or of any state, or of any county or municipality therein, shall ever be eligiljle to any office of honor, trust, or profit under this state, and the legislature shall provide by law for the punishment of embezzlement or defalcation as a felony": Const., art. iv, § 21. Legislation § 514. 1. Enacted February 14. 1872 (almost identical with Field's Draft, § 612), and then ended with the words "shall be taken as its value," the word "shall," in these words, being changed to "must" in 190.5. ' 2. Amended by Code Amdts. 1880, p. 8. adding the proviso, which then read, "provided, that if the embezzlement or defalcation be of the public funds of the United States, or of this state, or of any county, city and county, or municipality within this state, the offense is a felony, and shall be punishable by imprisonment in the state prison not less than one year nor more than ten years; and the person so convicted shall be ineligible thereafter to any office of honor, trust, or profit under this state." 3. Amendment by Stats. 1901, p. 465; unconstitutional. See note, § 5, ante. 4. Amended by Stats. 1905, p. 682; the code commissioner saying, "The amendment substitutes 'in' for 'under' before the word 'this,' thus making a person convicted of embezzlement ineligible to any office in this state, whether it be a state office or not." CHAPTER VII. Extortion. § 518. "Extortion" defined. § 519. What threats may constitute extortion. § 520. Punishment of extortion in certain cases. § 521. Punishment of extortion committed under color of official right. § 522. Obtaining signature by means of threats. § 523. Sending threatening letters with intent to extort money, etc. § 524. Attempts to extort money or property by means of verbal threats. S 525. Officers of railroad companies making overcharges. § 526. Sale of tickets to theater, etc. [Repealed.] Code commissioners' note to Chapter VII. "This chapter is from the New York Penal Code, [Field's Draft,], p. 220, and includes our laws on the subject." §518. "Extortion" defined. Extortion is the obtaining of property from another, with his consent, induced by a wrongful use of force or fear, or under color of official right. Legislation § 518. Enacted Februarv 14, 1872; identical with Field's Draft, § 613, N. Y. Pen. Code, § 552. § 522 PENAL CODE. 232 § 519. What threats may constitute extortion. Fear, isiu'li as will c'oiistituto exlurlitMi, may Ix' iiidiu'cd \)y ;i llu-eat, either : 1. To do an unlawful injury to the i)ei'.son or pr()])i;j-ty of the individual tlireatened, or to any relative of his, or nicni- her of his family ; or, 2. To accuse him, oi" any i'clati\'c of his, or iiicmlx'i" of his family, of any crime; or, 'S. To expose, or impute to him or them any (kd'oi'inity or disgrace ; or, 4. To expose any seei-et affecting him or them. Subd. 1. Sending threatening letter: See post, § 523. Legislation § 519. Enacted February H, 1872; identical with Field's Draft, § 614, N. Y. Pen. Code, §^J53. § 520. Punishment of extortion in certain cases. Every person who extorts any money or other property from an- other, under circumstances not amounting to robbery, by means of force, or any threat, such as is mentioned in the preceding section, is punishable by imprisonment in the state prison not exceeding five years. Robbery: Ante, § 211. Legislation § 520. Enacted February 14, 1872; almost identical with Field's Draft, § 615, N. Y. Pen. Code, § 554. § 521. Punishment of extortion committed "under color of official right. Every pcrsori Avho commits any extortion under color of official right, in cases for which a different punishment is not prescribed in this code, is guilty of a mis- demeanor. Extortion, defined: See ante, § 518. Extortion by public officer, punishment of: See ante, § 70. Legislation § 521. Enacted February 14, 1872; almost identical with Field's Draft, § 616, N. Y. Pen. Code, §§ 556, 557. § 522. Obtaining signature by means of threats. Every person who, by any extortionate means, obtains from an- other his signature to any paper or instrument, wdiere})y, if such signature were freely given, any property would be transferred, or any debt, demand, charge, or right of action created, is punishable in the same manner as if the actual delivery of such debt, demand, charge, or right of action were obtained. Legislation § 522, 1. Enacted February 14, 1872; almost identical with Field's Draft, § 617. 2. Amendment by Stats. 1901, p. 465; unconstitutional. See note, § 5, ante. 233 EXTORTION. § 526 § 523. Sending- threatening- letters with intent to extort money, etc. Every person who, with intent to extort any money or other property from another, sends or delivers to any person any letter or other -writing, whether snbseribed or not, expressing or implying, or adapted to imply, any threat snch as is specified in section five hnndred and nine- teen, is pnnishable in the same manner as if such money or property were actually obtained by means of such threat. Threatening letter, sending of: See post, § 650. Offense, when complete: See post, § 660. Legislation § 523. Euaeted February 14, 1872; almost identical with Field's Draft, § 618, N. Y. Pen. Code, § 55S. § 524. Attempts to extort money or property by means of verbal threats. Every person who unsuccessfully attempts, by means of any verbal threat, such as is specified in section five hundred and nineteen, to extort money or other jiroperty from another, is guilty of a misdemeanor. Legislation § 52-4. Enacted February 14, 1872; almost identical with Field's Draft, § 619, N. Y. Pen. Code, § 560. § 525. Officers of railroad companies making overcharges. Every officer, agent, or employee of a railroad company who asks or receives a greater sum than is allowed by law for the carriage of passengers or freight, is guilty of a misdemeanor. Rate of charges: See Civ. Code, § 489. Legislation § 525. Enacted February 14, 1872. § 526. Sale of tickets to theater, etc. [Repealed 1907 ; Stats. 1907, p. 688.] Legislation § 526. 1. Added by Stats. 1905, p. 140. 2. Eepealed by Stats. 1907, p. "688; the code commissioner saying, "Section repealeil because unconstitutional. (Ex parte Quarg, 149 Cal. 80, 82.)'- § 529 PENAL CODL. 234 CllAPTKIi \lll. False Personation and Cheats. § 528. Marrying under false personation. § 529. Personating anotlier in private or ofTicial capacity. § 530. Receiving money or property in a false character. § 531. Fraudulent conveyances. § 532. Obtaining money, property, or labor by false pretenses. § 532a. Making false statement of financial condition. Benefiting by false statement. Eeafiirming false statement. Misdemeanor. § 532a. Giving lot v^'ith ticket prohibited. § 533. Selling land twice. § 534. Married person selling lands under false representations. § 535. Mock auction. § 53(). False statements by brokers, etc. Penalty. § 536a. Statement of sales. § 537. Defrauding proprietors of hotels, inns, etc. § 537A. Fraudulent registration of cattle. § 537j. Defrauding owners of livery-stables. § 537a. Fraudulent registration of cattle. § 337b. Defrauding owners of livery-stables. § 537c. Unauthorized use of horses, etc. § 538. Removing mortgaged personal property. Further encum- brance or sale. § 538a. Misrepresentation of newspaper circulation. § 538b. Wearing badge of secret society unless entitled to. § 528. Marrying under false personation. Every person who falsely personates another, and in such assumed char- acter marries or pretends to marry, or to sustain the mar- riage relation towards another, with or without the con- nivance of such other, is guilty of a felony. Marrying under false personatipn: See post, § 1110. Legislation § 528. Enacted February 14, 1872; almost identical with the introductory paragraph aud subd. 1 of Field's Draft, § 620, N. Y. Pen. Code, § 562; based on Crimes and Punishment Act, Stats. 1850, p. 240, § 90, which read: "§ 90. Every person who shall falsely represent or personate another, and in such assumed character shall marry another; become bail or surety for any party in any proceed- ing civil or criminal, before any court or officer authorized to take such bail or surety; or confess any judgment; or acknowledge the execution of any conveyance of real estate, or of any other instru- ment which by law may be recorded; or do any other act in the course of any suit, proceeding, or prosecution, whereby the person so represented or personated may be made liable in any event to the payment of any debt, damages, costs, or sums of money, or his rights or interests may in any manner be affected, shall, upon con- viction, be punished by imprisonment in the county jail not exceed- ing two years, or by fine not exceeding five thousand dollars." § 529. Personating another in private or official capacity. Every person who falsely personates another in either his private or official capacity, and in such assumed character, either : . 1. Becomes bail or surety for any party in any proceeding whatever, before any court or officer authorized to take such bail or surety; 235 FALSE PERSONATION AND CHEATS. § 530 2. Verifies, publishes, acknowledges, or proves, in the name of another person, any written instrument, with intent that the same may be recorded, delivered, or used as true ; or, 3.. Does any other act Avhereby, if done by the person falsely personated, he might, in any event, become liable to any suit or prosecution, or to pay any sum of money, or to incur any charge, forfeiture, or penalty, or Avhereby any benefit might accrue to the party personating, or to any other person ; Is punishable by imprisonment in the county jail not ex- ceeding two 3^cars, or by fine not exceeding five thousand dollars. [Amendment approved 1905; Stats. 1905, p. 684.] False personation, punishment of: See post, §§ 530, 630%. Legislation § 529. 1. Enacted February 14, 1872; almost identical with introductory paragraph and subds. 2, 3, 4, and final paragraph of Field's Draft," § 620, N. Y. Pen. Code, § 562; Crimes and Punish- ment Act, Stats. 1850. § 90, p. 240. See ante, Legislation § 528. 2. Amendment by Stats. 1901, p. 466; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 684, (1) in introductory paragraph, adding "in either his private or official capacity" after "personates another"; (2) in subd. 1, omitting "or" at end of subdivision; (3) in subd. 2, changing "and" to "or" before "used as true"; (4) in subd. 3, changing "if it were done" to "if done"; the code commis- sioner saying, "The amendment being designed with the purpose of changing the construction put upon this section in People v. Knox, 119 Cal. 73, where it was held that the section did not apply to a case where a person falsely assumes an official character." § 530. Receiving" money or property in a false character. Every person who falsely personates another, in either his private or official capacity, and in such assumed character receives any money or property, know^ing that it is intended to be delivered to the individual so personated, with intent to convert the same to his OAvn use, or to that of another person, or to deprive the true owner thereof, is punishable in the same manner and to the same extent as for larceny of the money or property so received. [Amendment approved 1905; Stats. 1905, p. 685.] False personation, punishment of: See ante, § 529; post, § 65014- Legislation § 530. 1. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 240, § 91 (Field's Draft, § 621, N. Y. Pen. Code, § 564), which read: "§ 91. Every person who shall falsely represent or personate another, and in such assumed charac- ter shall receive any money or valuable property of any description, intended to be delivered to the person so personated, shall, upon conviction, be punished in the same manner, and to the same extent as for feloniously stealing the money or property so received." 2. Amendment by Stats. 1901, p. 466; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 685; the code commissioner saying, "With the same object in view as ic the amendment. to the preceding § 532 PENAL CODE. 236 set'tioii, the words 'iu either his private or olTicial capacity' have been inserted after 'another.'" See ante, Legishilion § 529, for code coniniissioner's note. § 531. Fraudulent conveyances. Every pci-soii Avho. is a party to any IVautliilriii coincyancc of any lands, tcnonionts, or liereditainciits, goods or chattels, or any right or interest issuing out of the same, or to any bond, suit, judgment, or exe- cution, contract or conveyance, had, made, or contrived with intent to deceive and defraud others, or to defeat, hinder, or delay creditors or others of their just debts, dam- ages, or demands; or Avho, being a party as aforsaid, at any time Avittingly and willingly puts in, uses, avows, maintanis, justifies, or defends the same, or any of them, as true, and done, had, or made in good faith, or upon good consideration, or aliens, assigns, or sells any of the lands, tenements, hereditaments, goods, chattels, or other things before men- tioned, to him or them conveyed as aforesaid, or any part thereof, is guilty of a misdemeanor. Fraud. Actual fraud is defined by Civ. Code, § 1572, and con- structive fraud! by § 1573. Fraudulent conveyances: Civ. Code, §§ 3439-3442. Fraudulent acts to defraud creditors: See ante, §§ 154, 155. Legislation § 531. 1. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1S50, p. 245, § 129, which read: "§ 129. All and every person who shall be a party to anj^ fraudulent con- veyance of any -lands, tenements or hereditaments, goods or chattels, or any right or interest issuing out of the same, or to any bond, suit, judgment or execution, contract or conveyance had, made, or con- trived with intent to deceive and defraud others, or to defeat, hin- der, or delay creditors or others of their just debts, damages, or demands; or who, being parties as aforesaid, at any time shall wit- tingly and willingly put in, use, avow, maintain, justify, or defend the same or any of them as true and done, had or made in good faith, or upon good consideration, or shall alien, assign, or sell any of the lands, tenements, hereditaments, goods, chattels, or other things before mentioned, to him, her, or them conveyed as afore- said, or any part thereof, he, she, or they so offending shall, on conviction, be fined in any sum not exceeding one thousand dollars." 2. Repealed by Stats. 1901, p. 466; unconstitutional. See note, § 5, ante. § 532. Obtaining' money, property, or labor by false pre- tenses. Every person who knowingly and designedly, by any false or fraudulent representation or pretense, defrauds any other person of money, labor, or property, whether real or personal, or who causes or procnres others to report falsely of his wealth or mercantile character, and by thus imposing upon any person obtains credit, and therebj^ fraud- ulently gets possession of money or property, or obtains the labo)' or service of another, is punishable in the same manner 237 FALSE PERSONATION AND CHEATS. § 532a and to the same extent as for larceny of the money or prop- erty so obtained. [Amendment approved 1.905; Stats. 1905, p. 685.] Legislation § 532. 1. Enacted February 14, 1872; based on Crimes and Punisliniout Act, Stats. 1850, p. 24.5, §§ 130, 131, which read: "§ 130. If any person, by false representations of his own wealth or mercantile correspondence and connections, shall obtain a credit thereby, and defraud any person or persons of money, goods, chat- tels, or any valuable thing; or if any person shall cause or procure others to report falsely of his wealth or mercantile character, and by thus imposing upon any person or persons obtain credit and thereby fraudulently get into the possession of goods, wares, or merchandise, or other valuable thing, every such offender shall be deemed a swindler, and on conviction, shall be sentenced to return the property so fraudulently obtained, if it can be done, and shall be fined not exceeding one thousand dollars and imprisoned in the county jail not more than six months. § 131. If any person or per- sons shall knowingly and designedly, by any false pretense or pre- tenses, obtain from any other person or persons any chose in action, money, goods, wares, chattels, effects, or other valuable thing, with intent to cheat or defraud any such person or persons of the same, every person so offending shall be deemed a cheat, and on convic- tion, shall be fined not exceeding one thousand dollars and impris- oned in the county jail not more than one year, and be sentenced to restore the property so fraudulently obtained, if it can be done." When enacted in 1872, § 532 read: "Every person who knowingly and designedly, by false or fraudulent representation or pretenses, defrauds any other person of money or property, or who causes or procures others to report falsely of his wealth or mercantile charac- ter, and by thus imposing upon any person obtains credit, and thereby fraudulently gets into possession of money or property, is punishable by imprisonment in the county jail, not exceeding one year, and by fine not exceeding three times the value of the money or property so obtained." 2. Amended by Stats. 1889, p. 14, changing the final words of the section to read, "is punishable in the same manner and to the same extent as for larceny of the money or property so obtained." 3. Amendment by Stats. 1901, p. 466; unconstitutional. See note, § 5, ante. 4. Amended by Stats. 1905, p. 685; the code commissioner saj^ing, "The amendment is intended to make it criminal to procure the labor or services of another, or to defraud him of real property, by representations known to be false. With respect to real property, this changes the rule announced in People v. Cummings, 114 Cal. 437." § 532a. Making- false statement of financial condition. Benefiting by false statement. Reaffirming false statement. Misdemeanor. Any person, (1) Who shall knowingly make or cause to be made, either directly or indirectly, or through any agency whatsoever, any false statement in writing, with intent that it shall be relied upon, respecting the financial condition, or means or ability to pay, of himself, or any other person, firm or cor- poration, in whom he is interested, or for whom he is acting, § 533 PENAL CODE. 238 for the purpose of procuring i" ''I'l.V iorni whatsoever, cither tlie delivery of personal proix-i-l y, the payment of cash, the inakin; i)'A{);i PENAL CODE. 240 §535. Mock auction. Kvci'v pcisoii wlio f)l)1;iiiis ;iiiy moiu'V or pr()j)ei'ty i'rom another, or ohtaiii.s tlu^ sij^iiatui'o of aiiotlu'V to any written instriuiient, the false making of wliieii Avould ])e forgery, by means of any false or fraudnlent sale of property or pretended property, by auction, or by any of the practices known as mock auctions, is ])unishable by imprisonment in the state prison not exceeding three years, or in the county jail not exceeding one year, or by fine not exceeding one thousand dollars, or by both such fine and imprisonment ; and, in addition thereto, forfeits any license he may hold as auctioneer, and is forever discjualified from receiving a license to act as auctioneer within this state. Auctioneers: See Pol. Code, §§ 328-4 et seq. Legislation § 535. Enacted February 14, 1872; based on Field's Draft, § C27, N. Y. Pen. Code, § 574. § 536. False statements by brokers, etc. Penalty. Every commission merchant, broker, agent, factor, or consignee, w^ho shall willfully and corruptly make, or cause to be made, to the principal or consignor of such commission merchant, agent, broker, factor, or consignee, a false statement as to the price obtained for any property consigned or intrusted for sale, or as to the quality or quantity of any property so consigned or intrusted, or as to any expenditures made in connection therewith, shall be deemed guilty of a misde- meanor, and on conviction thereof, shall be punished by a fine not exceeding five hundred dollars and not less than two hundred dollars, or by imprisonment in the county jail not exceeding six months and not less than ten days, or by both such fine and imprisonment. [Amendment approved 1909 ; Stats. 1909, p. 537.] Legislation § 536, 1. Added by Code Amdts. 1880, p. 37, and then read the same as the amendment of 1909 (the present section), down to the words "or consignee," in the second instance, the section thereafter proceeding, "a false statement concerning the price ob- tained for, or the quality or quantity of any property consigned or intrusted to such commission merchant, agent, broker, factor, or consignee, for sale, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five hundred dollars, or imprisoned in the county jail not exceeding six months, or by both such fine and imprisonment." 2. Amended by Stats. 1909, p. 537. § 536a. Statement of sales." It is hereby made the duty of every commission merchant, broker, factor, or consignee, to whom any property is consigned or intrusted for sale, to make, when accounting therefor or subsequently, upon the written demand of his prin'jipal or consignor, a true written 241 FALSE PERSONATION AND CHEATS. § 537 statement setting forth the name and address of the person or persons to whom a sale of the said property, or any por- tion thereof, was made, the quantity so sold to each pur- chaser, and the respective prices obtained therefor; provided, however, that unless separate Avritten demand shall be made as to each consignment or shipment regarding which said statement is desired, prior to sale, it shall be sufficient to set forth in said statement only so many of said matters above enumerated as said commission merchant, broker, factor, or consignee may be able to obtain from the books of account kept by him ; and that said statement shall not be required in case of cash sales Avhere the amount of the trans- action is less than fifty dollars. Any person violating the provisions of this section is guilty of a misdemeanor. Legislation § 536a. Added by Stats. 1909, p. 1081. § 537. Defrauding proprietors of hotels, inns, etc. Any person who obtains any food or accommodation at an hotel, inn, restaurant, boarding-house or lodging-house without pay- ing therefor, with intent to defraud the proprietor or man- ager thereof, or who obtains credit at an hotel, inn, restaurant, boarding-house, or lodging-house by the use of any false pre- tense, or who, after obtaining credit or accommodation at an hotel, inn, restaurant, boarding-house, or lodging-house ab- sconds or surreptitiously removes his baggage therefrom with- out paying for his food or accommodations is guilty of a misdemeanor. [Amendment approved 1903 ; Stats. 1903, p. 22.] Legislation § 537. 1. Added by Stats. 1889, p. 44, the title of the act reading, "An Act to add a new section to the Penal Code, to be known as section fiv^e hundred and thirty-seven, relating to defrauding proprietors and managers of hotels, inns, restaurants, boarding-houses, and lodging-houses," the act (which omitted the section number specified in the title of the act, quoted supra, as well as omitting the enacting section, the number of which was in- serted as the section number), reading, "Section 1. Any person who obtains any food or accommodation at an inn or boarding-house without paying therefor, with intent to defraud the proprietor or manager thereof, or who obtains credit at an inn or boarding-house by the use of any false pretense, or who, after obtaining credit or accommodation at any inn or boarding-house, absconds and surrep- titiously removes his baggage therefrom without paying for his food or accommodations, is guilty of a misdemeanor." 2. Amendment by Stats. 1901, p. 4G6; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1903, p. 22. Another section numbered 537 was added in 18S7, quoted infra. Legislation § 538; q. v., as well as code commissioner's note to that section and to § 538. Another § 537 w^as added in 1887: See post, § 538, Legislation. Pen. Code — 16 \ § 5371) TExVAL CODE. 242 § 5371/2- Fraudulent registration of cattle. Legislation. Scr hcnislal idii § ri.!?.-!. § 537%. Defrauding' owners of livery-stables. Legislation. See Legislation § 537b. § 537a. Fraudulent registration of cattle- pjvei-y person wlio by any false or IVauduleiit ])rct('iisc ()l)tains from any club, association, society, or comijany, organized for the purpose of improving the breed of cattle, horses, sheep, swine, or other domestic animals, a certificate of registration of any animal in the herd register, or any other register of any such club, association, society, or company, or a ti-ansfer of any such registration, and any person who, for a valuable consideration, gives a false pedigree of any animal, Avith intent to mislead, is guilty of a misdemeanor. [Amendment approved 1905; Stats. 1905, p. 685.] Added as §5371/^ in 1889; Stats. 1889, p. 35. The number was changed to 537a on the adoption of the above amendment. Legislation § 537a. 1. Added by Stats. 1889, p. 35, as § 5371,4. 2. Amendment by Stats. 1901, p. 467, changing tlie number of the section to 537a; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 685, changing number from 5371,4 to o37a; (1) omitting "shall" after "Every person who"; (2) changing (a) "obtain" to "obtains," (b) "who shall, for a legal consideration, give" to "who, for a valuable consideration, gives," and (c) "shall be guilty" to "is guilty"; (3) omitting section 2 of the act adding the section, which read, "Sec. 2. Every person willfully advertising any of such animals for purposes of copulation, or profit, as having a pedigree other than the true pedigree of such animal shall forfeit all right by law to collect pay for the services of said animal; the code commissioner saying, "Section 2 is omitted because not properly a part of the Penal Code." § 537b. Defrauding owners of livery-stables. Any person who obtains any livery hire or other accommodation at any livery or feed stable, kept for -profit, in this state, without paying therefor, with intent to defraud the proprietor or manager thereof; or who obtains credit at any such livery or feed stable by the use of any false pretense ; or who after obtaining a horse, vehicle, or other property at such livery or feed stable, willfully or maliciously abuses the same by beating, goading, overdriving or other willful or malicious conduct, or who after obtaining such horse, vehicle, or other property, shall, with intent to defraud the owner, manager or proprietor of such livery or feed stable, keep the same for a longer period, or take tlie same to a greater distance than contracted for ; or allow a feed-bill or other charges to accumulate against such property, without paying therefor; or abandon or leave the same, is guilty of a misdemeanor. [Amendment approved 1905; Stats, 1905, p. 685.] 243 FALSE PERSONATION AND CHEATS. § 538 Legislation § 537b. 1. Added by Stats. 1903, p. 157, as § 537%. 2. Amended by Stats. 1905, p. 6S5, merely changing the number of the section from 537% to 537b. § 537c. Unauthorized use of horses, etc. Every owner, manager, proprietor, or otlier person, having the manage- ment, charge or control of any livery-stable, feed or board- ing stable, and every person pasturing stock, who shall re- ceive and take into his possession, charge, care or control, any horse, mare, or other animal, or any buggy, or other vehicle, belonging to anj^ other person, to be by him kept, fed, or cared for, and who, Avhile said horse, mare or other animal or buggy or other vehicle, is thus in his possession, charge, care or under his control, as aforesaid, shall drive, ride or use, or knowingly permit or allow any person other than the owner or other person entitled so to do, to drive, ride, or otherwise use the same, without the consent or per- mission of the oAvner thereof, or other person charged with the care, control or possession of such property, shall be guilty of a misdemeanor. . Legislation § 537c. Added by Stats. 1909, p. 277. § 538. Removing' mortgaged personal property. Further encumbrance or sale. Every person Avho, after mortgaging any of the property mentioned in section two thousand nine hundred and fifty-five of the Civil Code, excepting locomo- tives, engines, rolling-stock of a railroad, steamboat machin- ery in actual use, and vessels, during the existence of such mortgage, with intent to defraud the mortgagee, his repre- sentatives or assigns, takes, drives, carries away, or other- wise removes or permits the taking, driving, or carrying away, or other removal of the mortgaged property, or any part thereof, from the county where it was situate when mortgaged, without the written consent of the mortgagee, or who sells, transfers, or in any manner further encumbers the said mortgaged property, or any part thereof, or causes the same to be sold, transferred, or further encumbered, is guilty of larceny, and is punishable accordingly ; unless at or before the time of making such sale, transfer, or encum- brance, such mortgagor informs the person to whom such sale, transfer, or encumbrance is made, of the existence of the prior mortgage, and also informs the prior mortgagee of the intended sale, transfer, or encumbrance, in writing, by giving the name and place of residence of the party to whom the sale, transfer, or encumbrance is to be made. [Amended 1905; Stats. 1905, p. 686.] Legislation § 538. 1. Added (in part) by Stats. 1887, p. 87, as §537, which read: "537. Every person who, after mortgaging any § nikS PENAL CODE. 244 of the projioitv iijcntioned in section two tliousanJ nine hundicil and iit'ty-five of the Civil Code, except loconiotives, engines, roiiing- stock of :i railroad, stcandjoat inachinery in actual use, and vessels, voluntarily removes or permits the removal of the mortgaged prop- erty from the place where it was situated at the time it was mort- gaged, without the written consent of the mortgagee, with intent to deprive the mortgagee of his interest therein, is guiily of a mis- tlemeunor." 2. Amended by Stats. 1893, p. 119 (approved March 9, 1893), to read: "537. Every jierson who, after mortgaging any of the prop- erty mentioned in section two thousand nine Juindred and fifty-five of the Civil Code, excepting locomotives, engines, rolling-stock of a railroad, steamboat machinery in actual use, and vessels, during the existence of such mortgage, with the intent to defraud the mort- gagee, his representatives or assigns, transfers, sells, takes, drives, or carries away, or otherwise disposes of, or permits the transfer- ring, selling, taking, driving, or carrying away, or otherwise dispos- ing of such mortgaged property, or any part thereof, from the county where it was situated at the time it was mortgaged, without the written consent of the mortgagee, is guilty of larceny, and shall be punished accordingly." 3. Added (in part) by Stats. 1893, p. 119, as § 538 (by the same act amending § 537, quoted supra), which read: "538. Every person who, after mortgaging any of the property mentioned in section two thousand nine hundred and fifty-five of the Civil Code, except- ing locomotives, engines, rolling-stock of a railroad, steamboat ma- chinery in actual use, and vessels, during the existence of such mort- gage, sells, transfers, or in any manner further encumbers the said mortgaged property, or any part thereof, or causes the same to be sold, transferred, or further encumbered, is guilty of larceny, and shall be punished accordingly; unless at or before the time of mak- ing such sale, transfer, or encumbrance, such mortgagor shall in- form the person to whom such sale, transfer, or encumbrance may be made, of the existence of the prior mortgage, and shall inform the prior mortgagee of the intended sale, transfer, or encumbrance, in writing, by giving the name and place of residence of the party to who2n the sale, transfer, or encumbrance is to be made." 4. Eepeal by Stats. 1901, p. 166, of § 537, as amended by Stats. 1893, p. 119, and § 538 amended (p. 467) to read same as the present § 538; unconstitutional. See note, § 5, ante. 5. Eepeal by Stats. 1905, p. 685, of § 537, as amended by Stats. 1893, p. 119, and § 538 amended (p. 686) by the same act, the enact- ing paragraph reading, "Sec. 8. Section five hundred and thirty- eight of said code, as approved March 9, 1903, [1893; § 538 was not amended in 1903], is hereby amended to read as follows," this so- called repeal and amendment being in fact a combination and amendment of § 537 as amended in 1893 and § 538; the code commis- sioner saying in his note to § 537, "There were two sections num- bered 537. The one regarding the removal of mortgaged chattels (enacted in 1893) is repealed, the matter contained in it being suifi- cieutly provided for in § 538, infra; the other (enacted in 1899, and amended in 1903) remained in force"; and in his note to § 538 sa}^- ing, "The amendment extends, the operation of the section to cases where personal property is taken, removed, or driven from the county in which it is mortgaged with the intention of defrauding the mortgagee. The change consists in the addition of the words 'with intent to defraud the mortgagee, his representatives or as- signs, takes, drives, carries awa^', or otherwise reiuoves or permits 245 FRAUDULENT FITTING OUT AND DESTROYING VESSELS. § 539 the takiug, driving, or carrying away, or other removal of the mortgaged property, or any part thereof, from the county where it was situated when mortgaged, without the written consent of the mortgagee, or who.' There were two sections of this number: one, added March 9, 1893, which was amended as above set forth; the other, added March 11, 1893, which was renumbered (1905; 68G) as 538a." § 538a. Misrepresentation of newspaper circulation. Every proprietor or publisher of any newspaper or periodi- cal Avho shall Avillfully and knowingly misrepresent the cir- culation of such newspaper or periodical, for the purpose of securing advertising or other patronage, shall be deemed guilty of a misdemeanor. [Amendment approved 1905 ; Stats. 1905, p. 686.] Legislation § 538a. 1. Added by Stats. 1893, p. 132, as § 538. 2. Amendment by Stats. 1901, p. 467, the code commissioners desig- nating the section as 538 Vi> and renumbering it o38a; unconstitu- tional. See note, § 5, ente. 3. Amended by Stats. 1905, p. 686, merely changing the number from 538 to 53Sa. § 538b. Wearing- badge of secret society unless entitled to. Any person Avho Avillfully Avears the badge lapel-button, rosette, or other recognized arid established insignia of any secret society, order, or organization, or uses the same to obtain aid or assistance Avithin this state, unless entitled to Avear or use the same, under the constitution, by-laAvs, or rules and regulations, or other laAvs or enactments of such order or society, is guilty of a misdemeanor. Legislation § 538b. 1. Addition by Stats. 1901, p. 467; unconsti- tutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 686; the code commissioner saying, "This section consists of the matter formerly in § 543^/2. The change is made by placing the matter in a section in the proper chapter. By some inadvertence the legislature placed it in the chapter pro- viding for the punishment of persons fraudulently fitting out and destroj'ing vessels." CHAPTER IX. Fraudulently Fitting Out and Destroying Vessels. § 539. Captain or other officer willfully destroying vessel, etc. § 540. Other persons willfully destroying vessel, etc. § 541. Making false manifest, etc. § 542. [No section of this number.] § 543. [No section of this number.] , § 543i. Prohibiting unauthorized wearing of society badges, etc. [Re- pealed, and re-enacted as § 538b.] Code commissioners' note to Chapter IX. "This chapter is taken from the Now York Penal Code, [Field's Draft,] p. 227." § 539. Captain or other officer willfully destroying vessel, etc. Every captain or other officer or person in command § 543 VI) penaij code. 246 or charge of any vessel, who, within this state, willfully wrecks, sinks, or otherwise injures or destroys such vessel, or any cargo in such vessel,' or willfully permits the same to be Avrecked, sunk, or otherwise injured or destroyed, with intent to prejudice or defraud any other person, is punish- able by imprisonment in the state prison not less than three years. Legislation § 539. Enacted February 14, 1872; based on Field's Draft, § G28, N. Y. Pen. Code, § 575. The code commissioners say: "Injuring or destroying vessels upon the high seas is provided for by various acts of Congress. (See the acts collected, Brightly's Dig., 209-211.) The above section is therefore limited to acts com- mitted within this state." § 540. Other persons willfully destroying- vessel, etc. Every person, other than such as are embraced within the last section, who is guilty of any act therein specified, is punishable by imprisonment in the state prison for a term not exceeding ten years. Vessel, wrecking, injuring or destroying: See post, § 608c. Legislation § 540. Enacted February 14, 1872; based on Field's Draft, § 629, N. Y. Pen. Code, § 576. § 541. Making' false manifest, etc. Evei-y person guilty of preparing, making, or subscribing any false or fraud- ulent manifest, invoice, bill of lading, ship's register, or protest, with intent to defraud another, is punishable by im- prisonment in the state prison not exceeding three years. Fictitious bill of lading, issuing of: See post, §§ 577, 578. Legislation § 541. Enacted Februarv 14, 1872; based on Field's Draft, §§ 630, 631, N. Y. Pen. Code, § 577. § 542. [No section of this number.] § 543. [No section of this number.] § 5431/2- Prohibiting unauthorized wearing of society badges, etc. [Repealed 1905; Stats. 1905, p. 685.] Wearing badge of secret society: See ante, § 538b. Legislation § 5431/2. 1. Added by Stats. 1899, p. 90, becoming a law, under constitutional provision, without gpvernor's approval. 2. Repeal by Stats. 1901, p. 468; unconstitutional. See note, § 5, ante. 3. Repealed by Stats. 1905, p. 685, the section being now num- bered 53Sb. See ante. Legislation § 538b, for code commissioner's note. 247 WRECKED PROPERTY. § 548 CHAPTER X. Fraudulently Keeping Possession of Wrecked Property, § 544. Detaining wrecked property after salvage paid. § 545. Unlawfully taking or laaving possession of wrecked property. § 544. Detaining' wrecked property after salvage paid. Every person Avho keeps any wrecked property, or the pro- ceeds thereof, after the salvage and expenses chargeable thereon have been agreed to or adjusted, and the amount thereof has been i^aid to him, is punishable by fine not ex- ceeding one thousand dollars, or by imprisonment in the county jail not exceeding one year, or both. Wrecks and wrecked property: Pol. Code, §§ 2403-2418. Legislation § 544. Enacted February 14, 1872; based on Stats. 1850, p. 176, § 24. § 545. Unlawfully taking or having possession of wrecked property. Every person who takes away any goods from any stranded vessel, or any goods cast by the sea upon the land, or found in any bay or creek, or knowingly has in his possession any goods so taken or found, and does not deliver the same to the sheriff of the county where they were found, or notify him of his readiness to do so within thirty days after the same have been taken by him, or have come into his ]j|Dssession, is guilty of a misdemeanor. Wrecks and wrecked property: Pol. Code, §§ 2403-2418. Legislation § 545. Enacted February 14, 1872; based on Stats. 1850, p. 176, § 25. CHAPTER XL Fraudulent Destruction of Property Insured. § 548. Burning or destroying property insured. § 549. Presenting false proofs in support of a claim upon policy of insurance. § 548. Burning or destroying property insured. Every person who AvillfuUy burns, or in any other manner injures or destroys any property which is at the time insured against loss or damage by fire or by any other casualty, with intent to defraud or prejudice the insurer, whether the same be the property of or in possession of such person or of any other, is punishable by imprisonment in the state prison not less than one nor more than ten years. Arson: See ante, § 447. Legislation § 548. Enacted February 14, 1872; based on Field's Draft. § 632, N. Y. Pen. Code. § 578. The code commissioners say: ''This section is substituted for § 7 of the act of April 19, 1856 § 554 PENAL a)nE. 248 (Stats. 18.jG, p. loli), and is exteiuloil to iiicliule every injury tu property insured.'' § 549. Presenting false proofs in support of a claim upon policy of insurance. Every person ^\•hu presents or causes to be presented any false or fraudulent claim, or any proof in support of any such claim, upon any contract of insur- ance fur the payment of any loss, or who prepares, makes, or subscribes any account, cei-tificate of survey, affidavit, or proof of loss, or other book, j)aper, or writing with intent to ju-esent or use the same, or to allow it to be presented or used in support of any such claim, is punishable by imprisonment in the state prison not exceeding three years, or by a fine not exceeding one thousand dollars, or by both. Notice and proof of loss: See Civ. Code, §§ 2633-2637. Legislation § 549. Enacted February 14, 1872; almost identical with Field's Draft, § 633, N. Y. Pen. Code, § 579. CHAPTER Xli. False 'Weights and Measures. § 552. "False weight" and "measure" defined. § 553. Using false weights or measures. § 554. Stamping false weight, measure, or tare on casks or packages. § 555. Sellers to give full weight. § 556. Sale of coal. § 552. ' ' False 'weight ' ' and ' * measure ' ' defined. A lalse weight or measure is one which docs not conform to the standard established by the laws of the United States of America. "Weights and measures: See Pol. Code, §§ 3209-3223. 'Weights and measures: See Acts of 1911, p. 3S3, and 1913, p. 10S6, General Laws, Acts 4384, 4385. Legislation § 552. Enacted February 14, 1872. The code commis- sioners say: "Based on the act of April 4, 1861 (Stats. 1861, p. 86), establishing a standard of weights and measures.'' § 553. Using false weights or measures. Every person who uses any weight or measure, knowing it to be false, by which use another is defrauded or otherwise injured, is guilty of a misdemeanor. Legislation § 553. Enacted February 14, 1872; identical with Field's Draft, § 634, N. Y. Pen. Code, § 580. The code commissioners say: "Founded upon § 14 of the act cited in note to preceding sec- tion, and § 133 of the Crimes and Punishment Act of 1850. (Stats. 1S50, p. 229.)" § 554. Stamping false weight, measure, or tare on casks or packages. Every person Avho knowingly marks or stamps fidse or short weight or measure, or fnlsc tare, on nny cask 249 FRAUDULENT ACTS OF CORPORATIONS. § 556 or package, or knowingly sells, or offers for sale, any cask or package so marked, is guilty of a misdemeanor. Legislation § 554. Enacted February 14, 1872; almost identical with Field's Draft, § G40, N. Y. Pen. Code, § 585. § 555. Sellers to give full weight. In all sales of coal, hay, and other commodities, nsually sold by the ton or fractional parts thereof, the seller must give to the purchaser full weight, at the rate of two thousand pounds to the ton ; and in all sales of articles which are sold in commerce by avoirdupois weight, the seller must give to the purchaser full weight, at the rate of sixteen ounces to the pound; and any person violating this section is guilty of a misdemeanor. Legislation § 555. Added by Code Amdts. 1875-76, p. 112. § 556. Sale of coal. No person shall willfully or know- ingly, with intent to defraud, sell or exchange, or offer or expose for sale or exchange, coal of a specific name or kind under any other name or description, or as the output of any mine other than the mine of wdiich it is the product, and any person w^ho shall violate any of the provisions of this section is guilty of a misdemeanor. Legislation § 556. Added by Stats. 1915, p. 1290. CHAPTER XIII. ' Fraudulent Insolvencies by Corporations, and Other Frauds in Their Management. 8 557. Fraud in subscriptions for stock of corporations. § 558. Frauds in procuring organization of corporation or increasing its capital. § 559. Unauthorized use of name in prospectus, etc. § 560. Misconduct of directors of stock corporations. § 561. Savings-bank officer overdrawing his account. § 562. Eeceiving deposits in insolvent banks. § 563. Frauds in keeping accounts in books of corporations. § 564. Officer of corporation publishing false reports, etc. § 565. Officer of corporation to permit an inspection. § 566. Officer of railroad company contracting debt in its behalf ex- ceeding its available means. § 567. Debt contracted in violation of last section not invalid. § 568. Director of a corporation presumed to have knowledge of its affairs. § 569. Director present at meeting^ when presumed to have assented to proceedings. § 570. Director absent from meeting, when presumed to have as- sented to proceedings. §571. Foreign corporations. § 572. "Director" defined. § 573. Officer may not borrow cemetery corporation funds. Code commissioners' note to Chapter XIII. "Most of the pro- visions of this chapter, which are taken from the New York Penal § 559 PENAL CODE. 250 Coilo (Field's Draft] (§§645 to G68), arc new lo our laws. The fjrcat iiiiportancc tliat corporations are assuming in the country, the almost absolute power of the directors over the property of the corporation, and the numerous frauds that are perjjetrated upon the community as well as ujion shareholders, point the necessity for stringent penal enactments." § 557. Fraud in subscriptions for stock of corporations. Every person Avho signs the name of a fictitious person to any subscription for or agreement to take stock in any cor- poration existing or proposed, and every person who sign& to any sul)scription or agreement the name of any person, knowing that such person has not means or does not intend in good faith to comply with all the terms thereof, or under any understanding or agreement that the terms of such sub- scription or agreement are not to be complied with or en- forced, is guilty of a misdemeanor. Subscription to articles of incorporation: Civ. Code, § 292. Subscription to capital stock: Civ. Code, § 293. Oath to subscription: Civ. Code, § 295. Legislation § 557. Enacted February 14, 1872; identical with Field's Draft, § 645. The code commissioners say: "This section is intended to reach a species' of fraud frequently practiced in the organization of corporations. (See Palmer v. Lawrence, 3 Sandf. 161; 1 Seld. 389.)" § 558. Frauds in procuring* organization of corporation, or increasing' its capital. Every officer, agent, or clerk of any corporation, or of any persons proposing to organize a corporation, or to increase the capital stock of any corpora- tion, who knowingly exhibits any false, forged, or altered book, paper, voucher, security, or other instrument of evi- dence to any public officer or board authorized by law to examine the organization of such corporation, or to in- vestigate its affairs, or to be allowed an increase of its capital, with intent to deceive such officer or board in respect thereto, is punishal)le by imprisonment in the state prison not less than three nor more than ten years. False certificate, report, or notice. Civil lialDility of officers: See Civ. Code, § 316. Corporations, organization of: Civ. Code, §§ 283 et seq. Records: Civ. Code, S§ 377, 378. Increasing stock: Civ. Code, § 359. Legislation § 558. Enacted February 14, 1872; based on Field's Draft, § 645, N. Y. Pen. Code, § 592. § 559. Unauthorized use of name in prospectus, etc. Every person who, without being authorized so to do, sub- scribes the name of another to or inserts the name of another in any prospectus, circular, or other advertisement, or an- nouncement of any corporation or joint-stock association, •251 FRAUDULENT ACTS OP CORPORATIONS. § 561 cxistijig oi- intended to be formed, with intent to permit the same to be published, and thereby to lead persons to believe that the person whose name is so subscribed is an officer, agent, member or promoter of such eori)oration or associa- tion, is guilty of a misdemeanor. Frauds in procuring organization, etc., of corporation: See ante, § 558. Legislation § 559. Enacted February 14, 1872; identical with Field's Draft, § G47. § 560. Misconduct of directors of stock corporations. Every director of any stock corporation who concurs in any vote or act of the directors of such corporation or any of them, by which it is intended, either : 1. To make any dividend, except from the surplus profits arising from the business of the corporation, and in the cases and manner allowed by law^ ; or, 2. To divide, withdraw, or in any manner, except as pro- vided by law, i)ay to the stockholders, or any of them, any part of the capital stock of the corporation ; or, 3. To discount or receive any note or other evidence of debt in payment of any installment actually called in and required to be paid, or with the intent to provide the means of making such payment ; or, 4. To receive or discount any note or other evidence of debt, with the intent to enable any stockholder to withdraw any part of the money paid in by him, or his stock ; or, 5. To receive from any other stock corporation, in ex- change for the shares, notes, bonds, or other evidences of debt of their own coriDoration, shares of the capital stock of such other corporation, or notes, bonds, or other evi- dences of debt issued by such other corporation ; — Is guilty of a misdemeanor. Dividends to be made from surplus profits: Civ. Code, § 309. Officers of bank making illegal loans or investments: See Civ. Code, § 581. Officer of bank advertising or making statement as to capital stock without showing amount paid up: See Civ. Code, § 5S3a. Persons engaged in banking, guilty of misdemeanor, unless true name shown: See Civ. Code, § 582. Legislation § 560. Enacted February 14, 1872; based on Field's Draft, § 648, N. Y. Pen. Code, § 594. § 561. Savings-bank officer overdrawing- his account. Every officer, agent, teller, or clerk of any savings bank, who knowingly overdraws his account with such bank, and there- by wrongfully obtains the money, note, or funds of such bank, is guilty of a misdemeanor. § 5G4 PENAL CODE. 252- Legislation § 561. 1. Kimcteil February 11, 1872; l);iscfl ou Field's Draft, § (i.")l, N. Y. Pen. Code, § (iOO. 2. Aniciidment by Slats. 1901, ji. UiS; uiicunstilnt ional. See note, § 5, ante. § 562. Receiving- deposits in insolvent banks. Every offi- cer, agent, teller, or clerk of any ])a)ik, and every individual banker, or agent, teller, or clerk of any individual banker, who receives any deposits, knowing that such bank, or associa- tion, or banker is insolvent, is guilty of a misdemeanor. Legislation § 562. 1. Enacted February 14, 1872; based on Field's Draft, § ().');"), N. Y. Pen. Code, § GOl. 2. Amendment by Stats. 1901, p. 468; unconstitutional. See note, § 5, ante. § 563. Frauds in keeping accounts in books of corpora- tions. Every director, officer, or agent of any corporation or joint-stock association, who knowingly receives or pos- sesses himself of any property of such corporation or associa- tion, otherwise than in payment of a just demand, and who, Avith intent to defraud, omits to make, or to cause or direct to be made, a full and true entry thereof in the books or accounts of such corporation or association, and every director, officer, agent, or member of any corporation or joint-stock association who, with intent to defraud, destroys, alters, mutilates, or falsifies any of the books, papers, writ- ings, or securities belonging to such corporation or associa- tion, or makes, or concurs in making, any false entries, or omits, or concurs in omitting to make any material entry in any book of accounts, or other record or document kept by such corporation or association, is punishable by imprison- ment in the state prison not less than three nor more than ten years, or by imprisonment in a county jail not exceed- ing one year, and a fine not exceeding five hundred dollars, or by both such fine and imprisonment. Frauds in procuring organization, etc., of corporation: See ante, § 558. Legislation § 563. Enacted February 14, 1872; almost identical with Field's Draft, § 656. § 564. Officer of corporation publishing' false reports, etc. Every director, officer, or agent of any corporation or joint-stock association, wdio knowingly concurs in mak- ing, publishing, or posting either generally or privately to the stockholders or other persons, any written report, ex- hibit, or statement of its affairs or pecuniary condition, or book or notice containing any material statement which is false, or any untrue or willfully or fraudulently exaggerated report, prospectus, account, statement of operations, values. 253 FRAUDULENT xVCTS OF CORPORATIONS. § 56G business, profits, expenditures, or prospects, or any other paper or document intended to produce or give, or having a tendency to produce or give, the shares of stock in such corporation a greater value or a less apparent or market value than they really possess, or refuses to make any book or post any notice required by law, in the manner required by law, is guilty of a felony. [Amendment approved 1905 ; Stats. 1905, p. hS'S.] False reports or frauds: See Civ. Code, § 316; ante, § 558. Legislation § 564. 1. Enacted February 14, 1872 (almost identical with Field's Draft, § 657, N. Y. Pen. Code, § 611), and then read: "Every director, officer, or agent of any corporation or joint-stock association, who knowingly concurs in making or publishing any written report, exhibit, or statement of its affairs or pecuniary con- dition, containing any material statement which is false, other than such as are mentioned in this chapter, is guilty of a misdemeanor." 2. Amended by Code Amdts. 1875-76, p. 112, to read: "Every director, officer, or agent of any corporation or joint-stock associa- tion, who knowingly concurs in making, publishing, or posting any M'ritten report, exhibit, or statement of its affairs or pecuniary con- dition, or book or notice containing any material statement which is false, or refuses to make any book or post any notice required by law, in the manner required by law, other than such as are men- tioned in this chapter, is guilty of a felony." 3. Amendment by Stats. 1901, p. 468; unconstitutional. See note, § 5, ante. 4. Amended by Stats. 1905, p. 683; the code commissioner saying, "The amendment is intended to incorporate in the section such pro- visions of the statute of 1877-78, p. 695, as are not already suffi- ciently expressed therein. That statute, however, is limited to cor- porations whose stock is listed on the stock board or exchange. The amendment omits this limitation, for the reason that its constitu- tionality is doubtful." § 565. Officer of corporation to permit an inspection. Every of^eer or agent of any corporation, having or keeping an office within this state, who has in his custody or control any book, paper, or document of such corporation, and Avho refuses to give to a stockholder or member of such corpora- tion, lawfully demanding, during office hours, to inspect or take a copy of the same, or of any part thereof, a reasonable opportunity so to do, is guilty of a misdemeanor. Records of corporation: See Civ. Code, §§ 377, 378. Legislation § 565. Enacted Februarv 14, 1872; identical with Field's Draft, § 658. § 566. Officer of railroad company contracting debt in its behalf exceeding' its available means. Every officer, agent, or stockholder of any railroad company, who knowingly assents to or has any agency in contracting any del)t by or on behalf of such company, unauthorized by a special law for the purpose, the amount of which debt, with other debts § 570 PENAL CODE. 254 of the eoinpnny, exceeds its nvailal)le means for the payment of its del)ts, in its possession, under its control, and belong- ing to it at the time such debt is contracted, inclnding its bona fide and availal)le stock subKcri])tions, and exclusive of its real estate, is guilty of a misdemeanor. Legislation § 566. Enacted February 14, 1872; identical with Fi(dd's Draft, § 602. § 567. Debt contracted in violation of last section not in- valid. The last section does not affect the validity of a debt created in violation of its provisions, as against the company. Legislation § 567. Enacted February 14, 1872; identical with Field's Draft, § 663. § 568. Director of a corporation presumed to have knowl- edge of its affairs. Every director of a corporation or joint- stock association is deemed to possess such a knowledge of the affairs of his corporation as to enable him to determine whether any act, proceeding, or omission of its directors is a violation of this chapter. Legislation § 568. Enacted February 11, 1872; identical with Field's Draft, § 664. § 569. Director present at meeting-, when presumed to have assented to nroceedinps. Everv director of a corpora- tion or ioint-stock association Avho is present at a meetinp- of the directors at which any act, proceeding, or omission of such directors, in violation of this chapter occurs, is deemed to have concurred therein, unless he at the time causes or in writing requires his dissent therefrom to be entered in the minutes of the directors. Presence of directors: See Civ. Code, §§ 309, 377. Legislation § 569. Enacted February 14, 1872; identical with Field's Draft, § 665. § 570. Director absent from meeting*, when presumed to have assented to r»roceedina's. Every director of a corpora- tion or joint-stock association, althousch not nrese^Tt at a meeting of the directors at which any act, T)roceeding, or omission of such directors, in violation of this chapter occurs, is deemed to have concurred therein, if the facts constituting such violation appear on the records or minutes of the pro- ceedings of the board of directors, and he remains a director of the same company for six months thereafter, and does not within that time cause, or in writing i-equire, his dissent from such illegality to be entered in the minutes of the directors. Legislation § 570. Enacted February 14, 1872; identical with Field's Draft, § 666. 255 FALSE DOCtJJMENTS OF TITLE TO MERCHxVNDISE. § 577 § 571. Foreign corporations. It is no defense to a prose- cution for a violation of the provisions of this chapter, that the corporation was one created by the laws of another state, government, or country, if it Avas one carrying on business or keeping an office therefor within this state. Legislation § 571. Enacted February 14, 1872; identical with Field's Draft, § 667. §572. "Director" defined. The term "director," as used in this chapter, embraces any of the persons having by law the direction or management of the affairs of a corpora- tion, by whatever name such persons are described in its charter or knoAvn by law. Legislation § 572. Enacted February 14, 1872; identical with Field's Draft, § 668. § 573. Officer may not borrow cemetery corporation funds. No director or officer of any cemetery coi'])oration or associa- tion shall, directly or indirectly, for himself or as the part- ner or agent of others, borrow any of the funds of such cor- poration or association, nor shall he become an indorser or surety for loans to others, nor in anv manner be an obligor for moneys borroAved of or loaned by such corporation or association, noi' shnll a corporation of which a director or an officer is a stockholder or in which either of them is in any manner interested borrow any of such funds. The office of any director or officer who acts or permits actiou in con- travention of the provisions of this section immediately thereupon becomes vacant and every director or officer au- thorizing or consenting to such loau. and the person who receives such loan, shall severally be guilty of a misde- meanor. Legislation § 573. Added by Stats. 1911, p. 344. CHAPTER XIV. Fraudulent Issue of Documents of Title to Merchandise. § .577. Issuing^ fictitious bills of lading, etc. § .578. Issuing fictitious warehouse receipts. § 579. Erroneous bills of lading or receipts issued in good faith ex- cented. § .580. Duplicate receipts must be marked "Duplicate." §581. Sellinff. hypothecating, or pledging property received for trans- portation or storage. § 582. Bill of lading or receipt issued by warehouseman must be canceled on redelivery of the property. [Repealed.] § 583. Property demanded by process of law. § 577. Issuing- fictitious bills of lading, etc. Every per- son, being the master, owner, or agent of any vessel, or § 579 PENAI> CODE. 256 officer or ayeiit of any railroad, express, or transportation company, or otherwise being or representing any carrier, who delivers any bill of lading, receipt, or other voucher, by which it appeai-s that any merchandise of any descrip- tion has been shijjped on board any vessel, or delivered to any railroad, express, or transportation company or other carrier, unless the same has been so shipped or delivered, and is at the time actually under the control of such carrier, or the master, owner, or agent of such vessel, or of some officer or agent of such company, to be forwarded as ex- pressed in such bill of lading, receipt, or voucher, is punish- able by imprisonment in the state prison not exceeding five .years, or by a fine not exceeding one thousand dollars, or both. Bill of lading: See Civ. Code, §§2126 et seq. False manifest, invoice, bill of lading, etc., issuing of: Sec ante, § 541; post, § 578. Legislation § 577. Enacted February 14, 1872; identical with .Field's Draft, § 683, N. Y. Pen. Code, § 629. § 578. Issuing fictitious w^arehouse receipts. Every per- son carrying on the business of a warehouseman, wharf- inger, or other depositary of property, who issues any 're- ceipt, bill of lading, or other voucher for any merchandise of any description, w-hich has not been actually received upon the premises of such person, and is not under his actual control at the time of issuing such instrument, whether such instrument is issued to a person as being the owner of such merchandise or as security for any indebted- ness, is punishable by imprisonment in the state prison not exceeding five years or by a fine not exceeding one thou- sand dollars, or both. Bill of lading: See Civ. Code, §§ 2126 et seq. False bill of lading, manifest, invoice, etc.: See ante, §§ 541, 577. Legislation § 578. Enacted February 14, 1872; identical with Field's Draft, § 684, N. Y. Pen. Code, § 629. § 579. Erroneous bills of lading or receipts issued in good faith excepted. No person can be convicted of an offense under the last two sections by reason that the con- tents of any barrel, box, case, cask, or other vessel or pack- age mentioned in the bill of lading, receipt, or other voucher did not correspond with the description given in such instrument of the merchandise received, if such de- scription corresponded substantially with the marks, labels, or brands upon the outside of such vessel, or package, un- less it appears that the accused knew that such marks, labels, or brands Avere untrue. 257 FALSE DOCUMENTS OF TITLE TO MERCHANDISE. § 583 Legislation § 579. Enacted February 14, 1872; identical with Field's Drafr, § 685, N. Y. Pen. Code, § G30. § 580. Duplicate receipts must be marked "Duplicate." Every person mentioned in this chapter, who issues any second or duplicate receipt or voucher, of a kind specified therein, at a time while any former receipt or voucher for the merchandise specified in such second receipt is outstand- ing and uncanceled, without writing across the face of the same the word "Duplicate," in a plain and legible manner, is punishable by imprisonment in the state prison not ex- ceeding five years, or by a fine not exceeding one thousand dollars, or both. Duplicate bills: See Civ. Code, § 2130. Legislation § 580. Enacted February 14, 1872; almost identical with FieM's Draft, § 686, N. Y. Pen. Code, § 631. § 581. Selling-, hypothecating, or pledging- property re- ceived for transportation or storage. Every person men- tioned in this chapter, wlio sells, hypothecates, or pledges any merchandise for which any bill of lading, receipt, or voucher has been issued by him, without the consent in writ- ing thereto of the person holding such bill, receipt, or voucher, is punishable by imprisonment in the state prison not exceeding five years, or by a fine not exceeding one thou- sand dollars, or lioth. Legislation § 581. Enacted February 14, 1872; almost identical witli Field's Draft, § 687, N. Y. Pen. Code, § 632. § 582. Bill of lading or receipt issued by a warehouseman must be canceled on redelivery of the property. [Repealed 1874; Code Amdts. 1873-74, p. 434.] Legislation § 582. 1. Enacted February 14, 1872; based on Field's Draft, § 688, N. Y. Pen. Code, § 633. 2, Eepealed by Code Amdts. 1873-74, p. 434. § 583. Property demanded by process of law. The last two sections do not apply where property is demanded or sold by virtue of process of law. Legislation § 583. Enacted February 14, 1872; based on Field's Draft, § 689, N. Y. Pen. Code, § 634. Pen. Code — 17 § 587a PENAL CODE. 258 CHAI^TKK XV. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Tele- graphs. § nS7. Injuries to railroads and railroad bridges. § 5S7a. Tampering with air-brakes. § 5S7b. Tres|iassing on railroad trains. § 5S7e. Evading payment of railroad fare. § .188. Digging up, etc., state highway. § 588a. Throwing glass upon highway. § 588b. Engineering department may close roads. May erect barriers. Penalty for breaking down barriers. § 588e. Eemoving stakes, etc., on state highway, misdemeanor. § 589. Injuries to toll houses and gates. § 590. Injuries to guide-posts. § 590a. Informer to receive half of fines collected. § 590b. Driving over public bridges. § 591. Injuries to telegraph or telephone lines. § 592. Water-ditches, etc., penalty for trespass or interference with. § 593. Penalty for interference with electric wires. § 593a. Driving nails, etc., in wood intended for manufacture of lum- ber. § 587. Injuries to railroads and railroad bridges. Every person who maliciously, either: 1. Removes, displaces, injures, or destroys any part of any railroad, whether for steam or horse cars, or any track of any railroad, or any branch or branch way, switch, turnout, bridge, viaduct, culvert, embankment, station-house, or other structure or fixture, or any part thereof, attached to or connected w4th any railroad; or, 2. Places any obstruction upon the rails or track of any railroad, or of any switch, branch, branchway, or turnout connected with any railroad ; — Is punishable by imprisonment in the state prison not exceeding five years, or in the county jail not less than six months. Placing obstructions on tracks: See ante, § 218, Malicious injuries to bridge: See post, § 607. Legislation § 587, 1. Enacted February 14, 1872; based on Field's Draft, § 690, N. Y, Pen. Code, § 635; Stats. 1861, p. 625, § 53. 2. Amendment by Stats. 1901, p. 468; unconstitutional. See note, § 5, ante. § 587a. Tampering with air-brakes. Every person, who, without being thereunto duly authorized by the owner, lessee, or person or corporation engaged in the operation of any railroad, shall manipulate or in any wise tamper or interfere with any air-brake or other device, appliance or apparatus in or upon any car or locomotive upon such rail- road, and u^ed or provided for use in the operation of such 259 INJURIES TO RAILROADS, HIGHWAYS, BRIDGES, P:TC. § 588 car or locomotive, or of any train upon such railroad, or with any switch, signal or other appliance or apparatus used or provided for use in the operation of such railroad, shall be deemed guirty of a misdemeanor. Legislation § 587a. Added by Stats. 1909, p. 60S; approved March 22, 1909. At tlTe same session of the legislature, another section numbered 5S7a was enacted (Stats. 1909, p. 453), approved March 19, 1909, differing from the text, supra, only in the fact that it con- tained, at the end of the section, a punishment clause, reading, "and iipon conviction thereof shall be punished by fine not exceeding one hundred dollars, or by imprisonment not exceeding three months, or by both such fine and imprisonment." § 587b. Trespassing on railroad trains. Every person, who shall, without being thereunto authorized by the owner, lessee, person or corporation operating any railroad, enter into, climb upon, hold to, or in any manner attach himself to any locomotive-engine tender, freight or passenger car upon such railroad, or any portion of any train thereon, shall be deemed guilty of a misdemeanor, and, upon conviction thereof shall be punished by a fine not exceeding fifty dol- lars, or by imprisonment not exceeding thirty days, or by both such fine and imprisonment. Legislation § 587b. Added by Stats. 1909, p. 590. § 587c. Evading payment of railroad fare. Every per- son- who fraudulently evades, or attempts to evade the pay- ment of his fare, while traveling upon any railroad, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than five hundred dollars, or imprisonment not exceeding six months, or by both such fine and imprisonment. Legislation § 587c. Added by Stats. 1909, p. 575. The code com- missioners in 1901 made an addition of a section covering the oifense specified supra (Stats. 1901, ji. 156, § 369g) ; unconstitutional. See note, § 5, ante. § 588. Digging up, etc., state highway. Every person who maliciously digs up, removes, displaces, breaks down or otherwise injures or destroys any state or other public highway or bridge, or any private way, laid out by au- thority of law, or bridge upon any such highway or private Avay, wdiere the amount of damage done by the violation of any of the provisions of this act is five hundred dollars or more, is punishable by imprisonment in the state prison not exceeding five years or in the county jail not exceeding one year; provided, however, if such damage amounts to less than five hundred dollars, every person violating any of the provisions of this act shall be guilty of a misde- meanor. [Amendment approved 1915; Stats. 1915, p. 180.] § 588b PENAL CODE. 260 Malicious injuries to bridges: Sec; post, § COT. Legislation § 588. 1. Kiuu-ted February 14, 1872; based on Field's Draft, § 61)2, iN. Y. Pen. Code, § (339; atats. 1861, p. 3um not more than one thousand dollars, or imprisonment at hard labor in the state prison not more than two years, or both such fine and im- prisonment." When enacted in 1872, § 607 differed from the amend- ment of 1880 (the present section), (1) not having (a) the words "store or" before "conduct water for mining," nor (b) "or for the supply of the inhabitants of any citj' or town," after "agricultural purposes"; (2) having the words "and used for securing any sea- bank" instead of "for the purpose of securing any sea-bank"; (3) the section reading, after "jetty, lock, or sea-wall," "is punishable by a fine not exceeding one thousand dollars, or by imprisonment in the state prison not exceeding two years, or by both," the clauses be- ginning "or who, between the first day of October" being added in 1880. 2. Amended by Code Amdts. 1880, p. 36. § 608. Burning or injuring rafts. Every person who willfully and maliciouslj' burns, injures, or destroys any pile or raft of wood, plank, boards, or other lumber, or any part thereof, or cuts loose or sets adrift any such raft or part thereof, the property of another, is guilty of a misdemeanor. [Amendment approved 1907; Stats. 1907, p. 853.] Protection of lumber manufacturers: See ante, § 593a. Legislation § 608. 1. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 246, § 139 (the code commis- sioners erroneously give § 141 as the base; § 141 is quoted ante. Legislation § 606), which read: "§ 139. Every person who shall will- fully and maliciously burn, injure, or destroy any pile or raft of wood, plank, boards, or other lumber, or any part thereof, or cut § GIO PENAL CODE. 280 loose or set adrift any such raft or part tlieref, or shall cut, break, injure, sink, or set adrift any boat, canoe, skilf, or other vessel or water-craft, being the property of another, shall, on conviction thereof, be punished by fine not exceeding five hundred dollars or imprisonment in the county Jail not exceeding six months." When enacted in 1872, § (J08 read: "Every person who willfully and maliciously burns, injures, or destroys any pile or raft of wood, plank, boards, or other lumber, or any part thereof, or cuts loose or sets adrift any such raft or part thereof, or cuts, breaks, injures, sinks, or sets adrift any vessel, the projierty of another, is punish- able by fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months."' 2. Amended by Stats. 1907, p. 853. See infra, §§ GOSa, GOSb, 608e. § 608a. Setting vessels adrift. Every person who will- fully and maliciously cuts, breaks, injures, sinks, or sets adrift any vessel of less than ten gross tons, the property of another, is guilty of a misdemeanor. Legislation § 608a. Added by Stats. 1907, p. 854. See supra. Legislation § 60S. § 608b. Injuring vessels. Every person who Avillfully and maliciously cuts, breaks, or injures any vessel of ten gross tons and upwards, the property of another, is guilty of a misdemeanor. Legislation § 608b. Added by Stats. 1907, p. 854. See ante. Legislation § 60S. § 608c. Sinking vessels a felony. Every person wdio will- fully and maliciously sinks or sets adrift any vessel of ten gross tons and upwards, the property of another, is guilty of a felony. Vessel, wrecking, injuring or destroying: See ante, § 540. Legislation § 608c. Added by Stats. 1907, p. 854. See ante. Legislation § 608. § 609. Damages, etc., to buoy or beacon. Any person who willfully removes, damages, or destroys any buoy or beacon placed in any waters within this state by lawful au- thority, is guilty of a misdemeanor. [Amendment approved 1905; Stats. 1905, p. 689.] Protection of buoys or beacons: See post, § 614. Legislation § 609. 1. Enacted February 14, 1872 (based on Field's Draft, § 713, N. Y. Pen. Code, § 639), and then read: "Every person who willfully removes any buoy or beacon, placed in any waters within this state by lawful authority, is guilty of a misdemeanor." 2. Amendment by Stats. 1901, p. 475; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 689; the code commissioner saying, "The amendment incorporates the provisions of the statute of 1873- 74, p. 619, for the protection of buoys and beacons." § 610. Masking or removing signal lights, or exhibiting false lights. Every person who unlawfully masks, alters, or 281 INJURIES TO NAVIGATION. BUOYS. § 615 removes any light or signal, or willfully exhibits any light or signal, Avith intent to bring any vessel into danger, is punishable by imprisonment in the state prison not less than three nor more than ten years. Legislation § 610. Enacted February 14, 1872; based on Field's Draft, § 714, N. Y. Pen. Code, § 638. § 611. Obstructing navigable streams. Every person who unlawfully obstructs the navigation of any navigable stream, is guilty of a misdemeanor. Legislation § 611. Enacted February 14, 1872 (N. Y. Pen. Code, § 3S5); based on Crimes and Punishment Act, Stats. 1850, p. 188, § 1. § 612. Depositing sawdust, etc., in Humboldt Bay. Every person who throws, deposits, or permits another in his employ to throw or deposit, any sawdust, slabs, or refuse lumber, in any place where it may be carried or fall into the waters of Humboldt Bay, without first having con- structed piers, bulkheads, dams, or other contrivances, ap- proved by the board of supervisors of Humboldt County, to prevent the same from escaping into the channels of such bay, is guilty of a misdemeanor. Legislation § 612. Enacted February 14. 1872; based on Stats. 1857, p. 66, §§ 1, 2. § 613. The wing overboard ballast, or otherwise obstruct- ing the navigation of any harbor, etc. Every person who, within the anchorage of any port, harbor, or cove of this state, into which vessels may enter for the purpose of receiv- ing or discharging cargo, throws overboard from any vessel the ballast, or any part thereof, or who otherwise places or causes to be placed in such port, harbor, or cove, any ob- structions to the navigation thereof, is guilty of a misde- meanor. Legislation § 613. Enacted February 14, 1872 (N. Y. Pen. Code, § 444); based on Stats. 1861, p. 224, § 3; Stats. 1863-64, p. 138. § 614. Mooring vessels to buoys. Every person mooring any vessel to or hanging on with a vessel to any buoy or beacon, placed by competent authority in any navigable waters of this state, is guilty of a misdemeanor. Act for protection of buoys and beacons: See post, Appendix, tit. "Buoys and Beacons." Protection of buoys or beacons: See ante, § 609. Legislation § 614. Enacted February 14, 1872; based on Stats. 2861, p. 224, § 2. § 615. Injuries to signals, monuments, etc., erected in United States coast survey. Every person who willfully in- jures, defaces, or removes any signal, monument, building, § 618 PENAL CODE. 282 or appiirtoiiaiice thereto, placed, erected or used by persons eniiayed in the United States coast survey, is guilty of a misdemeanor. Legislation § 615. Enactod Fohnuiry 14, 1872; based on Stats. 18r)2, p. MS, § 6. § 616. Destroying: or tearins: down notices, etc., before expiration of time for which they were to remain set up. Every ])erson who intoiitioiially (h'Tncfs. ol)1itoratos, tears down, or destroys fiiiy eopv or transcript, or extract from or of any laAv of the United States or of this state, or any proc- lamation, advertisement, or notification set up at anv place in this state, by authority of any law of the United States or of this state, or by order of any court, before the expira- tion of the time for which the same was to remain set up, is punishable by fine not less than twenty nor more than one hundred dollars, or 1 y imprisonment in the county jail not more than one month. Legislation § 616. Enacted Fobmary 14, 1872. § 617. Injuring or destroying written instrument. Every person who maliciously mutilates, tears, defaces, old iterates, or destroys any written instrument, the property of another, the false making of which w^ould be forgery, is punishable by imprisonment in the state prison for not less than one nor more than five years. Legislation § 617. Enacted February 14. 1872; based on Field's Draft, § 7L5, N. Y. Pen. Code, § 94; Crimes and Punishment Act, Stats. 1850, p. 236, § 68. § 618. Opening or publishing sealed letters. Every per- son who willfully opens or reads, or causes to be read, any sealed letter not addressed to himself, without being author- ized so to do, either by the writer of such letter or by the person to whom it is addressed, and every person who, wuth- out the like authority, publishes any of the contents of such letter, knoAving the same to have been unlawfully opened, is guilty of a misdemeanor. Legislation § 618. Enacted February 14, 1872 (Field's Draft, § 717, N. Y. Pen. Code, § 642); based on Crimes and Punishment Act, Stats. 1850, p. 243, §111, which read: "§111. Every person who shall willfully open or read, or cause to be read, any sealed letter not addressed to himself, without being authorized so to do, either by the writer of such letter or by the person to whom it shall be addressed; and every person who shall maliciously publish the whole or any part of such letter without the authority of the writer thereof, or of the person to whom the same shall be addressed, knowing the same to have been opened, shall, upon conviction, be punished by fine not exceeding one thousand dollars." 283 TELEGRAPH OR TELEPHONE MESSAGES. § 621 § 619. Disclosing contents of telegraphic or telephonic messages. Every person who willfully discloses the con- tents of a telegraphic or telephonic message, or any part thereof, addressed to another person, without the permission of such person, unless directed so to do by the lawful order of a court, is punishable by imprisonment in the state prison not exceeding five years, or in the county jail not exceeding one year, or by fine not exceeding five thousand dollars, or by both fine and imprisonment. * [Amendment approved 1905; Stats. 1905, p. 690.] Disclosing contents of message: See post, § 640. Legislation § 619. 1. Enacted February 14, 1872 (Field's Draft, §718, X. y. Pen. Code, §642); based on Stats. 1862, p. 289, §§ 1-5. 2. Amended by Code Amdts. 1880, p. 38, adding "unless directed so to do by the lav^-fnl order of a court" after "without the permis- sion of such person." 3. Amendment by Stats. 1901, p. 475; unconstitutional. See note, § 5, ante. 4. Amended by Stats. 1905, p. 690, adding "or telephonic" after "telegraphic." § 620. Altering telegraphic or telephonic messages. Every person who willfully alters the purport, effect, or meaning of a telegraphic or telephonic message to the in- jury of another, is punishable as provided in the preceding section. [Amendment approved 1905; Stats. 1905, p. 690.] Legislation § 620. 1. Enacted February 14, 1872; based on Stats. 1862, p. 288, § 1. 2. Amendment by Stats. 1901, p. 475; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 690, adding "or telephonic" after "telegraphic." § 621. Opening telegraphic or telephonic messages. Every person not connected with any telegraph or telephone office who, without the authority or cons-ent of the person to whom the same may be directed, willfully opens any sealed envelope inclosing a telegraphic or telephonic message, ad- dressed to another person, with the purpose of learning the contents of such message, or who fraudulently represents another person and thereby procures to be delivered to' him- self any telegraphic or telephonic message addressed to such other person, with the intent to use, destroy, or detain the same from the person entitled to receive such message, is punishable as provided in section six hundred and nineteen. [Amendment approved 1905; Stats. 1905, p. 690.] Legislation § 621. 1. Enacted February 14, 1872 (N. Y. Pen. Code, § 642); based on Stats. 1862, p. 289, § 5." 2. Amendment by Stats. 1901, p. 475; unconstitutional. See note, § 5, ante. ^ G24: PENAL CODE. 284 3. AmtMided by Stats. 1905, p. G90, (I) adding (a) "or telephone" after "telegraph," and (b) "or telephonic" after "telegraphic" in both instances; (2) changing "any other person" to "another per- son," in both instances; (3) omitting (a) "and" before ";iddreHsed to" ill first instance, and (b) "or ])crsons" after "from the person." § 622. Injuring works of art or improvements in any city, town, or village. Eveiy ]:)ersoii, not tlio owner tliereol', who willi'uUy injures, disfigures, or destroys any monument, work of art, or useful or ornamental improvement within the limits of any village, town, or city, or any shade-tree or ornamental plant growing therein, Avhether situated upon private ground or on any street, sidewalk, or public park or place, is guilty of a misdemeanor. Legislation § 622. Enacted February 14, 1872; based on Field's Draft, § 720, N. Y. Pen. Code, § 647. § 623. Mutilation of books, etc., in public libraries and museums. Every person who maliciously cuts, tears, de- faces, breaks, or injures any book, map, chart, picture, en- graving, statute, coin, model, apparatus, or other work of literature, art, mechanics, or object of curiosity, deposited in any public library, gallery, museum, collection, fair, or exhibition, is guilty of a misdemeanor. [Amendment ap- proved 1901; Stats. 1901, p. 99.] Legislation § 623. 1. Enacted February 14, 1872; based on Field's Draft, § 721, N. Y. Pen. Code, § 648. 2. Amended by Stats. 1901, p. 99, (1) omitting "or" before "me- chanics," and (2) changing "felony" to "a misdemeanor" at end of section. § 623l^. Willful detention of library books. Whoever willfully detains any book, newspaper, magazine, pamphlet, manuscript, or other property belonging to any public or incorporated library, reading-room, museum or other educa- tional institution, for thirty days after notice in writing to return the same, given after the expiration of the time which by the rules of such institution such article or other property may be kept, is guilty of a misdemeanor and shall be pun- ished accordingly. Legislation! 623V2- Added by Stats. 1899, p. 97; becoming a law, under constitutional provision, without governor's approval. § 624. Breaking or obstructing gas or water pipes, etc. Every person who willfully breaks, digs up, obstructs, or injures any pipe or main for conducting gas or water, or any works erected for supplying buildings with gas or water, or any appurtenances or appendages therewith connected, is guilty of a misdemeanor. Legislation § 624. Enacted February 14, 1872; based on Field's Draft, § 625, N. Y. Pen. Code, § 639; Stats. 1861, p. 533, §§ 1, 2. 285 STEALING WATER. FIRE-ALARM APPARATUS. § 625a § 625. Drawing' water from works after they have been closed. Every person who, with intent to defraud or injure, opens or causes to be opened, or draws water from any stop- cock or faucet by which the flow of water is controlled, after having been notified that the same has been closed or shut for specific cause, by order of competent authority, is guilty of a misdemeanor. Legislation § 625. Enacted February 14, 1872; based on Stats. 1861, p. 533, § 3. § 625a. Unlawful interferences with fire-alarm apparatus. Penalty. Any person who willfully and maliciously tampers wdth, molests, injures, or breaks any public fire-alarm ap- paratus, ware, or signal, or willfully and maliciously sends, gives, transmits, or sounds any false alarm of fire, by means of any public fire-alarm system or signal, is punishable by imprisonment in the county jail, not exceeding one year, or by a fine, not exceeding one thousand dollars, or by both such fine and imprisonment. Legislation § 625a. Added by Stats. 1903, p. 137. PENAL CODE. , 286 TITLE XV. Miscellaneous Crimes. t'haptor 1. Violation ol" the Ijhus i'or tlie Preservation of Game and Fish. §§ (;26-(337f. 1 1. Otlier and MiscoUaneons Offenses. §§ 638-6o3e. CHAPTER J. Violation of the Laws for the Preservation of Game and Fish. § 626. Protection of ducks, geese, etc. Quail. Rabbits. § (i2Ga. Protection of doves. § 026b. Nests or eggs. § 626c. Killing swans, pheasants, etc. § 626d. Bag limit; geese, ducks. Quail. Rabbits. § 626e. Hunting female deer, spotted fawn, etc., misdemeanor. Hunters to retain portion of head bearing horns. "Spiked buck" de- fined. § 626f. Protection of deer. Reindeer. § 626g. Killing tree squirrels from January 1 to Sejiteniber ]. § 626h. Protection of deer. Affidavit of lawful killing. Tags. Fee. After close of open season. Limit. Penalties. § 626i. Limit of deer that may be killed. § 626j. Permitting more than one dog to track deer a misdemeanor. § 626k. Sale of wild game prohibited. § 6261. Live birds and animals for certain purposes. § 626m. Killing game birds at night a misdemeanor. § 626n. Use of animals as blinds. § 626o. Shooting from moving boats. § 626p. When sea brant may not be killed. Sea braut in district No. 1. § 626p. Killing beaver. § 626q. Penalty for killing sea otter. § 626r. No section of this number. § 626s. Protection of game birds in districts Nos. 24-29. § 627. Trespass upon inclosed or cultivated grounds a misdemeanor. § 627a. Certain game not to be shipped. § 627b. Shipments, limit of certain game. § 627c. Protection to song-birds and their nests. [Repealed.] § 627d. Penalties. [Repealed.] § 628. Protection of shrimp. Spiny lobster. Crab. Abaloue. Cat- fish. Sturgeon. § 628a. Protection of bass. Shad. Limit. § 628b. Protection of perch, sunfish. Bass. § 628c. Young fish of any species. Fish in pond or reservoir belonging to state. Penalty. § 628d. Fine or imprisonment. Disposition of fines. § 62Se. Protection of whiting. Barracuda. § 628f. Pismo clams. Cockles. Razor clams. Crabs. Fish defined, § 628g. Shipping abalone meat prohibited. Penalty, [Repealed.] § 628g. Salt-water perch. § 628h. Permission to plant fish and fish eggs. § 628i. L"se of Chinese shrimp nets. § 629, Fish screens over ditch inlets. Investigation as to necessity of screens. Taking of evidence. Witness fees. Attendance of 287 PROTECTION OF GAME. § 626 witnesses. Deposition of witnesses. Penalty for refusing to maintain screen. § 630. Fish business without license misdemeanor. § 630a. Eeports of wholesale fish dealers. Penalty. § 630b. Failure to produce register misdemeanor. § 631. Net, pound, cage, trap, etc., not to be used. § 631a. Penalty for violation. § 631b. Disposition of money from fines. Game-preservation fund. § 631e. Penalty for violation. § 631d. License to raise elk, deer, etc., as a business. Fee. § 632. Protection of trout. § 632*. Protection of steelhead-trout. Penalty. [Repealed.] § 632a. Shipment of trout. Penalty. Disposition of fines. § 632b. Sacramento perch. § 632b. Salmon or steelhead roe as bait prohibited. § 632b3. Use of salmon or steelhead roe as bait prohibited. [Repealed]. §632(4) Fishing through ice. § 633. Protection of golden trout. §634. Protection of salmon. Quinnat salmon. Steelhead trout. Salmon defined. Penalty. § 634A. Fishing near Santa Catalina limited to ho6k and line. § 635. Killing fish with explosives prohibited. Pollution of waters. Penalty. § 6354. Use of two-mesh fish net a misdemeanor. § 636. Regulation of use of nets, lines and seines. § 6364. Use of paranzella or trawl net. Penalty. § 636a. Nets, seines, etc., prohibited. § 636b. Seining in Mokelumne river prohibited. § 637. Fishways provided over or around dams. To be kept free from obstructions. Penalty for violation. Hearing on necessity for fishway. Witnesses. Depositions. § 6374. Predatory animals. § 637a. Protection of wild birds. Game-birds enumerated. S 637b. Application of prohibition. § 637c. Seals in Santa I3arbara Channel, protection of. § 637d. Transportation of non-game birds. § 637e. Certificates giving right to take birds. § 637f. Protection of nests. § 626. Protection of ducks, geese, etc. Quail. Rabbits. Every person who, between tlie first day of February and the fourteenth dav of October, inclusive, of any year, hunts, ■pursues, takes, kills or destroys, or has in his possession, anv kind of wild duck, or goose, or brant, or mudhen, or galli- nule, or Wilson snine, or black breasted or golden ]-)lover, or yellowlegs ; or who, at any time, takes, kills or destroys, or has in his possesssion, any rail, or wood duck, or wild r)igeon, or any shore birds, except Wilson snipe, black breasted plover, or golden plover, or yellowlegs, or any sandhill crane, whooping crane or little broM-n crane; or who, between the first day of Januarv and the fourteenth dav of October, inclusive of any year, hunts, pursues, takes, kills or destroys, or has in his possession, any desert or val- ley quail, or cottontail or bush rabbit ; or who, betAveen the first day of December and the thirty-first day of August, § 626 PENAL CODE. 288 inclusive of the following year, hunts, pursues, takes, kills or destroys or has in his possession any mountain (piail, grouse, or sagehen ; provided, that in fish and game districts numbers two, three, four, and any fish and game districts lying between the nortliern boundary of Mendocino county and the southern l)oundaiy of San Diego county, every person, who, between the first day of January and the four- teenth day of October, inclusive, of any year, hunts, pur- sues, takes, kills or destroys or has in his possession any grouse or mountain quail is guilty of a misdemeanor; pro- vided, further, that nothing in this section shall prohibit the killing or pursuing of any cottontail or bush rabbit by the owner or tenant of any premises, or by any person authorized in writing by such owner or tenant, but the rabbits so killed shall not be shipped or sold during the closed season. [Amendment approved 1915; Stats. 1915, p. 1316.] Acts for the protection of game: See post, Appeudix, tit. "Game Laws." Legislation § 626. 1. Enacted February 14, 1872 (based on stats. 1869-70, p. 853, § 1; Stats. 1871-72, p. 102), and then read: "Every person who, in the counties of San Bernardino ur Los Angeles, be- tween the first day of August of any year and the first day of April of the next year, or who in any other of the counties of this state, except the counties of Lassen, Plumas, and Sierra, between the fif- teenth day of March and the fifteenth day of September in each year, takes, kills, or destroj's quail, partridges, or grouse, mallard, wood, teal, spoonbill, or any kind of broadbill ducks, is guilty of a misdemeanor." 2. Amended by Code Amdts. 1875-76, p. 113, to read: "Every per- son who, in the counties of San Bernardino or Los Angeles, between the first day of April of any year and the first day of August of the same year, or who in any other of the counties of this state, except the counties of Lassen, Plumas, and Sierra, between the fifteenth day of March and the fifteenth day of September in each year, takes, kills, or destroys quail, partridge, or grouse, mallard, wood, teal, spoonliill, or any kind of broadbill ducks, is guilty of a misdemeanor." 3. Amended by Code Amdts. 1877-78, p. 119, to read: "Every per- son who, in the counties of San Bernardino or Los Angeles, between the first day of April of any year, and the first day of August of the same year, or who, in any other of the counties of this state, except the counties of Lassen, Plumas, and Sierra, between the fifteenth day of March and the fifteenth day of September in each year, hunts, pursues, takes, kills, or destroys quail, partridge, or grouse, mallard, wood, or summer duck, redhead, gadwell, or gray duck, or blue-winged teal, is guilty of a misdemeanor. Every per- son who, in the county of San Joaquin, between the first day of January and the first day of July in each year, hunts, pursues, takes, kills, or destroys doves, is guilty of a misdemeanor. Every person who, at any time, takes, gathers, or destroys the eggs of anj' mal- lard, wood, or summer duck, redhead, teal, gadwell, or gray duck, or any other species of wild duck, is guilty of a misdemeanor. 289 PROTECTION OF GAME. § 626 Every person who shall have any of the aforesaid game in liis pos- session at a time when it is unlawful to kill the same is guilty of a misdemeanor." 4. Amended by Code Amdts. 1880, p. 41, to read: "Every person who, in any of the counties of this state, between the fifteenth day of March and the fifteenth day of September, in each year, hunts, pursues, takes, kills, or destroys quail, partridges, or grouse, or any kind of duck, or rail, or marsh-hens, is guilty of a misde- meanor. Every person who, in the state of California, between the first day of January and the first day of July, in each year, hunts, pursues, takes, kills, or destroys doves, is guilty of a misdemeanor. Every person who, at any time, takes, gathers or destroys the eggs of any mallard, wood, or summer-duck, redhead, teal, gadwell, or gray duck, or any other species of wild duck, is guilty of a misde- meanor. Every person who shall have any of the aforesaid game, or any male deer or buck, or any female deer or doe, or any ante- lope, elk, or mountain-sheep in his possession at a time when it is unlawful to kill the same, as provided by this section, or by sec- tion six hundred and twenty-eight of this code, is guilty of a mis- demeanor, and proof of the possession of any of the aforesaid game at a time when it is unlawful to kill the same within the county wherein the same is found, shall be prima facie evidence, in any prosecution fjsr a violation for any of the provisions of this section, that the person or persons in whose possession the same is found, took, killed, or destroyed the same in the county wherein the same is found, during the period when it was unlawful to take, kill, or destroy the same." 5. Amended by Stats. 1883, p. 80, to read: "Every person, who, in the state of California, between the first day of March and the first day of October in each year, hunts, jiuisues, takes, kills, or destroys quail, partridges, or grouse, or rail, is guilty of a misde- meanor. Every person who, in any of the counties of this state, at any time takes, gathers, or destroys the eggs of any quail, partridge, or grouse, is guilty of a misdemeanor. Every person who, in this state, between the first day of January and the first day of June in each year, hunts, pursues, takes, kills, or destroys doves, is guilty of a misdemeanor. Every person who, between the first day of November in each year and the first day of July in the following year, hunts, pursues, takes, kills, or destroys any male deer or buck, is guilty of a misdemeanor. Any person in the state of California, who has in his possession any hides or skins of any deer, elk, ante- lope, or mountain-sheep, .killed between the first day of November and the first day of July, is guilty of a misdemeanor. Every per- son who shall at any time in the state of California hunt, pursue, take, kill, or destroy any antelope, elk, mountain-sheep, female deer, or doe, shall be guilty of a misdemeanor. Every person who shall at any time hunt, pursue, take, kill, or destroy any spotted fawn, is guilty of a misdemeanor. Every person who shall take, kill, or destroy any of the animals mentioned in this section at any time, unless the carcass of such animal is used or preserved by the person taking or slaying it, or is sold for food, is guilty of a misdemeanor. Every person who shall buy, sell, offer, or expose for sale, transport, or have in his possession any deer from which evidence of sex has been removed, or any of the aforesaid game at a time when it is unlawful to kill the same, as provided by this and subsequent sec- tions, is guilty of a misdemeanor." Pen. Code— 19 § 626 ' PENAL CODE. 290 6. Amended by Stats. 1887, p. 236-, to read: "Every person who, in the state of California, between the first day of March and the tentli day of September, in each year, hunts, pursues, takes, kills, or destroys quail, partridges, or grouse, or rail, is guilty of a mis- demeanor. Every person who, in any of the counties of this state, at any time, takes, gathers, or destroys the eggs of any quail, par- tridge, or grouse, is guilty of a misdemeanor. Every person who, in this state, between the first day of January and the first day of June in each year, hunts, pursues, takes, kills, or destroys doves, is guilty of a misdemeanor. Every person who, between the fifteenth day of December in each year and the first day of July in the following year, hunts, pursues, takes, kills, or destroys any male antelope, deer, or buck, is guilty of a misdemeanor. Every person in the state of California who has in his possession any hides or any skins of deer, elk, antelope, or mountain-sheep, killed between the fifteenth day of December, and the first day of July, is guilty of a misdemeanor. Every person who shall at any time, in the state of California, hunt, pursue, take, kill, or destroy any female antelope, elk, mountain-sheep, female deer, or doe, shall be guilty of a misdemeanor. Every person who shall at any time hunt, pur- sue, take, kill, or destroy any spotted fawn, is guilty of a misde- meanor. Every person who shall take, kill, or destroy any of the animals mentioned in this section, at any time, unless the carcass of such animal is used or presented by the person taking or slaying it, or is sold for food, is guilty of a misdemeanor. Every person who shall buy, sell, offer or expose for sale, transport or have in his possession any deer, or deer skin or hide, from which evidence of sex has been removed, or any of the aforesaid game at a time when it is unlaw^ful to kill the same, provided by this and subse- sequent sections, is guilty of a misdemeanor." 7. Amended by Stats. 1891, p. 472, to read: "Every person who, in the state of California, between the first day of March and the first day of October, in each year, hunts, pursues, takes, kills, or destroys any quail, partridge, or grouse, or any kind of wild duck or rail, is guilty of a misdemeanor. Every person who, in any of the counties of the state of California, at any time takes, gathers, or destroys the eggs of any quail, partridge. Or grouse, or mallard duck, or any kind of summer-duck, redhead, teal, or any gray duck, or any other kind of wild duck, is guilty of a misdemeanor. Every person who, in the state of California, between the first day of January and the first day of July in each year, hunts, pursues, takes, kills, or destroys doves, is guilty of a misdemeanor. Every person who, in any of the counties of the state of California, hunts, pur- sues, takes, kills, or destroys any male deer, antelope, mountain- sheep, or buck for the period of two years from the date of the passage of this act, is guilty of a misdemeanor. Every person in the state of California who has in his possession ahy green hides or any green skins of any deer, elk, antelope, or mountain-sheep, killed after the passage of this act, and before the expiration of two years from the date of the passage of this act, is guilty of a misdemeanor. Every person in the state of California who, at any time hunts, pursues, kills, takes, or destroys any female deer, ante- lope, elk, mountain-sheep, or doe, shall be guilty of a misdemeanor. Every person who shall at any time hunt, pursue, take, kill, or . destroy any spotted f^wn, is guilty of a misdemeanor. Every per- son who shall take, kill, or destroy any of the animals or birds mentioned in this section at any time, unless the carcass of such animal or bird is used or preserved by the person taking or slaying 291 PROTECTION OF GAME. § 626 it, or is sold for food, is guilty of a misdemeanor. Every person who shall buy, sell, oflfer, or expose for sale, transport, or carry, or have in his possession, any deer or deerskin; or any hide, or pelt, from which the evidence of sex has been removed, or any of the aforesaid game, at a time when it is unlawful to kill the same, as provided by this and subsequent sections, is guilty of a misde- meanor. Any person found guilty of violating any of the pro- visions of this act shall, upon conviction, be fined in a sum not less than one hundred (100) dollars, or by imprisonment in the county jail in the county in which the conviction was had not less than one hundred days, or by both such fine and imprisonment. One half of all moneys collected for fines for violations of the provisions of this section shall be paid to the informer, one quarter to the district attorney of the county in which the conviction is had, and one quarter shall be paid into the fish commission fund for the pur- chase and distribution of game-birds in the various counties of the state of California." 8. Amended by Stats. 1893, p. 278, to read: "Every person who, in the state of California, between the first day of March, and the first day of September in each year, shall hunt, pursue, take, kill, or destroy, or have in his possession, dead or alive, except for pur- poses of propagation, any quail, bob-white, partridge, or grouse, or any kind of wild duck, snipe, or rail, shall be guilty of a misde- meanor. Every person who, in the state of California, shall take, gather, or destroy the eggs of any quail, bob-white, partridge, pheasant, grouse, or dove, or any kind of wild duck, shall be guilty of a misdemeanor. Every person who, in the state of California, between the first day of March and the first day of August, in each year, shall hunt, pursue, take, kill, or destroy, or have in his possession, doves, shall be guilty of a misdemeanor. Every person who, in the state of California, shall, within the two years next (except from September first to October fifteenth in each year) after the passage of this act, hunt, pursue, take, kill, or destroy any male deer, elk, antelope, mountain-sheep, or buck, shall be guilty of a misdemeanor. Every person who, in the state of Cali- fornia, shall at any time hunt, pursue, kill, take, or destroy any female deer, antelope, elk, mountain-sheep, or doe, shall be guilty of a misdemeanor. Every person who shall at any time hunt, pur- sue, take, kill, or destroy any spotted fawn, shall be guilty of a misdemeanor. Every person who shall take, kill, or destroy, at any time, any bird mentioned in this section, unless the carcass of such bird is used or preserved by the person so taking or slaying it, or is sold for food, shall be guilty of a misdemeanor. Every person in the state of California who shall at any time sell, or offer for sale, the hide or meat of any deer, elk, antelope, or mountain-sheep, shall be guilty of a misdemeanor. Every person who shall buy, sell, offer, or expose for sale, transport or carry, or have in his possession, any deer or deerskin, or any deer hide or pelt from which the evi- dence of sex has been removed, or any of the aforesaid game at a time when it is unlawful to kill the same, shall be guilty of a mis- demeanor. Every person who, in the state of California, shall, within the two years next after the passage of this act, hunt, pursue, take, kill, or destroy, or have in his possession, except for pur- poses of propagation, any pheasant, shall be guilty of a misde- meanor. Every person who shall at any time net or pound any quail, partridge, or grouse, and every person who shall sell, trans- port, or give away, or offer or expose for sale, or have in his pos- session, any quail, partridge, or grouse that has been snared, cap- § 626 PENAL CODE. 292 tured, or taken in or by any means of any net or pound, is guilty of a misdemeanor. Proof of pussession of any quail, partridge, or grouse which shall not slyjw evidence of having been taken by means other than a net or pound, shall be "prima facie" evidence, in any prosecution for violation of the provisions of this section, that tlie person in whose possession such quail, partridge, or grouse is found, took, killed, or destroyed the same bj' means of a net or pound. Every cold-storage company, person keeping a cold-storage warehouse, tavern or hotel keeper, restaurant or eating-house keeper, marketman, or other person who shall sell, expose, or offer for sale, or give away, or have in his possession in this state any deer, quail, bob-white, partridge, pheasant, grouse, dove, or wild duck during the time it shall be unlawful to kill such animal or bird, shall be guilty of a misdemeanor. Every person who shall use a shotgun of a larger caliber than that commonly known and designated as number ten gauge, for the purpose of killing or destroying any wild duck, rail, quail, partridge, pheasant, or grouse, shall be guilty of a misdemeanor. Every person who, upon any inclosed or culti- vated grounds which are private property, and where signs are dis- played forbidding such shooting, shall shoot any quail, bob-white, pheasant, partridge, grouse, dove, or wild duck, without pe-rmission first obtained from the owner or person in possession of such grounds, shall be guilty of a misdemeanor. Any person found guilty of a violation of any of the provisions of this section shall be fined in a sum not less than twenty dollars, or be imprisoned in the county jail in the county in which the conviction shall be had not less than ten days, or be punished by both such fine and imprison- ment. One half of all moneys collected for fines for violations of this section shall be paid to the informer, one quarter to the district attorney of the county, and one quarter shall be paid into tlie fish commission fund for the purchase and distribution of game-birds in the various counties of the state." 9. Amended by Stats. 1895, p. 256, to read: "Every person who, in the state of California, between the fifteenth day of February and the fifteenth day of October in each year, shall hunt, pursue, take, kill, or destroy, or have in his possession, whether taken in the state of California, or shipped into the state from any other state, territory, or foreign country, except for purposes of propa- gation, any valley-quail, bob-white, partridge, robin, or any kind of wild duck or rail, shall be guilty of a misdemeanor;, provided, that the right to have in possession for the purposes of propagation shall first be obtained, by permit, in writing, from the game-warden of the county wherein said birds are to be caught." 10. Amended by Stats. 1897, p. 90, to read: "Every person who, between the first day of March and the first day of October in each year, shall hunt, pursue, take, kill, or destroy, or have in his possession, any valley-quail, bob-white, partridge, or any kind of wild duck or rail; every person who, between the fifteenth day of February and the first day of September in each year, shall hunt, pursue, take, kill, or destroy, or have in his possession, any moun- tain-quail or grouse; every person who, between the fifteenth day of February and the fifteenth day of July in each year, shall hunt, pursue, take, kill, or destroy, or have in his possession, any dove or doves; every person who shall take, gather, or destroy the eggs or nest of any quail, bob-white, partridge, pheasant, grouse, dove, robin, or any kind of wild duck or rail; every person who, in the state of California, shall at any time hunt, shoot, shoot at, take, kill, or destroy, buy, sell, give away, or have in his possession, 293 PROTECTION OF GAME. § 626 except for the purpose of propagation, or for educational or scien- tific purposes, any Euglish skylark, robin, canary, humming-bird, thrush, or mocking-bird, or any part of the skin, skins, or plumage thereof, or who shall rob the nests or take or destroy, or offer for sale, the eggs of any of the said birds; every person who, before the first day of Mareii, eighteen hundred and ninety-nine, shall hunt, pursue, take, kill, or destroy, or have in his possession, any pheasant; every cold-storage company, person keeping a cold-storage warehouse, tavern or hotel keeper, restaurant i)r eating-house keeper, marketman, or other person, who shall hwj, sell, expose or offer for sale, or give away, or have in his possession, any quail, bob-white, partridge, robin, grouse, dove, pheasant, wild duck, or rail, during the time it shall be unlawful to kill such birds; every person who shall hunt, pursue, take, kill, or have in his possession, or destroy, any male deer between the fifteenth day of October and the fifteenth day of July of the following year; every person who shall at any time hunt, jjursue, take, kill, or destroy, or have in his possession, any female deer, or spotted fawn, or any antelope, elk, or moun- tain-sheep; every person who shall at any time buy, sell, or offer for sale, the hide or meat of any deer, elk, antelope, or mountain-sheep; every person who shall buy, sell, offer, or expose for sale, transport or carry, or have in his possession, the skin, hide, or pelt of any deer from which the evidence of sex has been removed, is guilty of a misdemeanor; provided, however, that the right of possession for the purpose of propagation shall first be obtained by a permit in writing, from the board of fish commissioners of the state of Cali- fornia. Any person found guilty of a violation of any of the provi- sions of this section shall be fined in a sum not less than twenty dollars or more than five hundred dollars, or be imprisoned in the county jail in the county in which the conviction shall be had, not less than ten days or more than one hundred and fifty days, or be punished by both such fine and imprisonment. It shall be no defense in a prosecution for a violation of any of the provisions of this sec- tion that the birds or animals were taken or killed outside this state; provided, however, that nothing in this section shall be held to apply to the hide of any of said animals taken or killed in Alaska or any foreign country." 11. Amended by Stats. 1901, p. 819, to read: "Every person who, between the first day of February and the first day of October of any year, hunts, pursues, takes, kills, or destroys, or has in his pos- session, whether taken or killed in the state of California, or shipped into the state from any other state, territory, or foreign country, any quail, partridge, grouse, or sage-hen, or any kind of wild duck, or any rail, or any curlew, ibis, or plover, is guilty of a misde- meanor.'' 12. Amended by Stats. 1903, p. 2, to read: "Every person who be- tween the fifteenth day of February and the fifteenth day of Octo- ber of any year, hunts, pursues, takes, kills or destroys, or has in his possession, whether taken or killed in the state of California, or shipped into the state from any other state, territory or foreign country, any valley-quail, or partridge, or any kind of wild duck, or any rail, or any curlew, ibis or plover; or who between the fif- teenth day of February and the first day of September of any year, hunts, pursues, takes, kills or destroys, or has in his possession, whether taken or killed in the state of California, or shipped into the state from any other state, territory or foreign country, any mountain-quail, grouse, or sage-hen is guilty of a misdemeanor." § G2G PENAL couK. 204 13. Aniondccl by Slats. 1905, p. 2.'5ij, to read: "Every person, who, l)t't\\ coil tlie lit'teentli day of l-'obrnary and tlic fifteenth day of Octobi'v of any year, hunts, pursues, takes, kills, or destroys, or has in his possession, whether taken or killed, in the state of California, or shipped into the state from any other state, territory, or foreign country, any valle3'-quai!, or partridge, or any kind of wild duck, or any rail, or any curlew, ibis, plover, or other shore-birds (Limi- cola;); or who, between the first day of April and the fifteenth day of October of any year, hunts, pursues, takes, kills, or destroys, or has in his possession, any Wilson snipe; or who between the fifteentli day of February and the first day of September of any year, hunts, pursues, takes, kills, or destroys, or has in his possession, whether taken or killed in the state of California, or shipped into the state from any other state, territory, or foreign country, any mountain- quail, grouse, or sage-hen, is guilty of a misdemeanor." 14. Amended by Stats. 1907, p. 760, to read: "Every person who, between the fifteenth day of February and the first day of October of any year, hunts, pursues, takes, kills, or destroys, or has in his possession any kind of wild duck; or who between the fifteenth day of February and the fifteenth day of October of any year, hunts, pursues, takes, kills, or destroys, or has in his possession, any valley- quail, or partridge, or any rail, or any curlew, ibis, plover, or other shore-birds (Limieola?) ; or who, between the first day of April and the fifteenth day of October of any year, hunts, pursues, takes, kills, or destroys, or has in his possession, any Wilson snipe; or who, be- tween the fifteenth day of February and the first day of September of any year, hunts, pursues, takes, kills, destroys, or has in his posses- sion, any mountain-quail; or who, at any time prior to the first day of September, one thousand nine hundred and nine, hunts, pursues, takes, kills, or destroys, or has in his possession, any grouse or sage- , hen, is guilty of a misdemeanor." 15. Amended by Stats. 1909, p. 670, to read: "Every person who, between the fifteenth day of February and the first day of October of any year, hunts, pursues, takes, kills, or destroys, or has in his possession, any kind of wild duck, black sea-brant, or any rail, cur- lew, ibis, plover, or other shore-birds (Limicolas), or who, between the first day of February and the first day of October of any year, hunts, pursues, takes, kills, or destroys, or has in his possession, any desert or valley quail; or who, between the first day of April and the first day of October of any year, hunts, pursues, takes, kills, or destroys, or has in his possession, any Wilson snipe; or who, at any time prior to the first day of September one thousand nine hun- dred and eleven, hunts, pursues, takes, kills, or destroys, or has in his possession, any mountain-quail, grouse or sage-hen, is guilty of a misdemeanor." 16. Amended by Stats. 1911, p. 810, to read: "Every person who, between the first day of March and the fifteenth day of October of any year, hunts, pursues, takes, or kills, or destroys, or has in his possession any kind of wild duck, ibis, or other shore-bird (Limi- colffi), or who, between the thirtieth day of April and the fifteenth day of November of any year, hunts, pursues, takes, kills, or de- stroys, or has in his possession any Wilson snipe, plover or curlew; or who, between the fifteenth day of February and the fifteenth day of October of any year, hunts, pursues, takes, kills, or destroys or has in his possession any desert or valley quail; or who, between the first day of December and the first day of September of the following year, hunts, pursues, takes, kills, or destroys, or has in his possession any mountain-quail, grouse, or sage hen; or who, be- 295 PROTECTION OF DOVES. § 626a tween the first day of February and the thirty-first day of July of any year, hunts, takes, kills, or has in his possession any cottontail rabbit or bush rabbit; or who, at any time prior to the first day of November, 1912, hunts, takes, kills, or has in his possession any rail, or who thereafter between the first day of December of any year and the first day of November of the following year, hunts, takes, kills, or has in his possession any rail is guilty of a misde- meanor, except as hereinafter provided; provided, that in game dis- tricts Nos. 1 and 6 of the state of California every person who, be- tween the first day of March and the first day of October of any year, hunts, takes, kills, or destroys, or has in his possession any kind of wild duck, ibis, or other shore bird (Limicolas), or who in game district 6, between the fifteenth day of November of any year and the fifteenth day of October of the following year, hunts, takes, kills, or destroys or has in his possession any desert or valley-quail is guilty of a misdemeanor. 17. Amended by Stats. 1915, p. 1316. § 626a. Protection of doves. Every person who, be- tween the first day of December and the thirty-first day of August, inclusive, of any year, hunts, takes, kills, pursues or destroys, or has in his possession, any dove, is guilty of a misdemeanor. [Amendment approved 1915 ; Stats. 1915, p. 598.] Legislation § 626a. 1. Added by Stats. 1895, p. 256, as § 626b, and then read: "626b. Every person who, in the state of California, be- tween the fifteenth day of February and the first day of July in each year, shall hunt, pursue, take, kill, or destroy, or have in his possession any dove or doves, shall be guilty of- a misdemeanor." 2. Repealed by Stats. 1897, p. 92; the subject-matter of the section forming a clause of § 626 as amended at that session; q. v., ante, Legislation § 626. 3. Re-enacted by Stats. 1901, p. 819, as § 626a, and then read: "626a. Every person who, between the first day of February and the first day of August of the same year, hunts, pursues, takes, kills, or destroys, or has in his possession any dove, is guilty of a misde- meanor." 4. Amended by Stats. 1903, p. 2, to read: "626a. Every person who, between the fifteenth day of February and the first day of July of the same year, hunts, pursues, takes, kills or destroys, or has in his possession, any dove, is guilty of a misdemeanor." 5. Amended by Stats. 1907, p. 761, to read: "Every person who, between the fifteenth day of October of any year and the fifteenth day of July of the following year, hunts, pursues, takes, kills or destroys, or has in his possession, any dove, is guilty of a misde- meanor." 6. Amended by Stats. 1911, p. 810, to read: "Every person who, between the first day of October and the fifteenth day of July of the following year, hunts, takes, kills, pursues or destroys or has in his possession any dove is guilty of a misdemeanor, except as here- inafter provided; provided, that in game districts Nos. 4 and 6 of the state of California every person who, between the first day of No- vember and the first day of September of the following year, hunts, takes, kills, or pursues or destroj's or has in his possession any dove is guilty of a misdemeanor; provided, further, that every person in game districts Nos. 2 and 5 of the state of California who, be- tween the fifteenth day of October and the first day of August of j; G2Gc PENAL CODE. 296 the following year, luuils, takes, kills, pursues or destroyH or has in liis possession any dove is guilty of a misdemeanor." 7. .Vmeuded by Stats. 19i5, p. 598. For original S ()2()a, added in 1895, see post Legislation § (i'Jfil). § 626b. Nests or egg's. Every person who destroys or lias in liis i)ossession the nest or eggs of any of the birds mentioned in this eha[)ter, is guilty of a misdemeanor. Legislation § 626b. 1. Added by Stats. 1895, p. 256, as the last sentence of § tJ2Ga, the latter section reading, "626a. Every person who, in the state of California, between the fifteenth day of Febru- ary and the fifteenth day of August in each year, sliall hunt, pursue, take, kill, or destroy, or have in his possession, whether taken or killed in tlic state of California, or shipped into the state from any other state, territory, or foreign country, except for purposes of propagation, any mountain-quail, or grouse, shall be guilty of a mis- demeanor; providevl, that the right to have in possession for the j)urposes of propagation shall first be obtained, by permit, in writing, from the game-warden of the county wherein said birds are to be caught. Every ''erson who, in the state of California, shall take, gatlier. or destroy the eggs of any quail, bob-white, partridge, pheas- ant, grouse, dove, or robin, or any kind of wild duck, shall be guilty of a misdemeanor." 2. Repealed by Stats. 1897, p. 92; the subject-matter of the section forming a clause of §626 as amended at that session; q.v., ante. Legislation § 626. 3. Re-enacted by Stats. 1901, p. 819, as § 626b. For the original § G2Cb, added in 1895, see supra, § 626a. § 626c. Killing- swans, pheasants, etc. Every person who takes, kills, or destroys, or has in his possession any swan, or any wild pheasants, or any bob-Avhite quail, or any variety of imported quail or partridge, or wild turkey, is guilty of a misdemeanor ; provided, however, that a person may rear, propagate and have in possession pheasants and the increase thereof reared in captivity, or pheasants imported from a foreign country, and such artificially propagated or im- ported pheasants may be killed, sold, or disposed of at any season of the year upon permission from the state board of fish and game commissioners ; and provided, further, that a copy of such permit shall be attached to any pheasants or the package containing the same in plain view when the same shall be sold or disposed of as hereinabove provided. [Amendment approved 1911; Stats. 1911, p. 322.] Legislation § 626c. 1. Added by Stats. 1901, p. 819, and then read: "626c. Every person who takes, kills, or destroys, or has in his possession any Mongolian or English pheasant, or any bob-white, or Eastern or Chinese quail, or English partridge, is guilty of a misdemeanor." 2. Amended by Stats. 1905, p. 256, to read: "626c. Every person who takes, kills, or destroys, or has in his possession any swan, or any pheasant, or any bob-white quail, or any variety of imported quail or partridge, is guilty of a misdemeanor." 297 BAG LIMITS. § 626d 3. Amended by Stats. 1909, p. 670, to read: "Every person who takes, kills, or destroys, or has iu bis possession any swan, or any wild pheasants, or any bob-white quail, or any variety of imported quail or partridge, or wild turkey, is guilty of a misdemeanor." 4. Amended by Stats. 1911, p. 322. For the original § G2()e, added in 1S95, see post. Legislation, § 626f. § 626d. Bag- limit : geese, ducks. Quail. Rabbits. Every person who, during any one calendar day, hunts, takes, kills, pursues or destroys, or has in his possession, more than twenty-five wild geese (except honker geese and black sea brant) or wild ducks, or more than twelve honker geese or black sea brant, or more than fifteen desert or val- ley quail, or doves or black breasted and golden plover or jack snipe or yellowlegs, or more than ten mountain quail, or more than four grouvse, or more than four sage-hens, or more than fifteen cottontail or bush rabbits, is guilty of a misdemeanor ; provided, also, that any person who, between sunrise of one Sunday and sunrise of the following Sun- day, takes, kills, destroys or has in his possession, or buys or sells or offers for sale, or ships or offers for shipment, more than fifty wild geese (except honker geese, black sea brant) or more than fifty wild ducks or more than twenty- four honker geese or black sea brant, is guilty of a misde- meanor; provided, further, that any person Avho, between sunrise of one Sunday and sunset of the following Sunday, takes, kills, destroys or has in his possession, or ships, or offers for shipment, more than thirty valley or desert quail, jack snipe, yellowlegs, golden plover, or black breasted plover, or more than twenty mountain quail, or more than eight grouse, or more than eight sage-hens, or more than thirty cottontail or bush rabbits is guilty of a misdemeanor. [Amendment approved 1915; Stats. 1915. p. 1319.] Legislation § 626d. 1. Added by Stats. 1901, p. 820, and then read: "626d. Every person who, during any one calendar day, takes, kills, or destroys, or has in his possession, more than twenty-five quail, partridge, snipe, curlew, or ibis, or more than fifty doves, or more than fifty ducks, or more than twenty rails, is guilty of a misde-* meanor." 2. Amended by Stats. 1905, p. 256, to read: "626d. Every person who, during any one calendar day, takes, kills, or destroys, or has in his possession, more than twenty-five quail, partridge, doves, snipe, curlew, ibis, plover, rail, or any other shore-birds, (Limicolae), or more than fifty wild ducks, is guilty of a misdemeanor." 3. Amended by Stats. 1907, p. 761, substituting "thirty-five wild ducks" for "fifty wild ducks." 4. Amended by Stats 1909, ]). 670, to read: "Every person who, during any one calendar day, takes, kills, or destroys, or has in his possession, more than twenty-five wild ducks, or black sea-brant, or more than twenty quail, sni])e, curlew, ibis, plover, rail, or any other shore-birds (Limicola'), or more than twenty doves, is guilty of a misdemeanor." § 626e PENAL CODE. 2\)S 5. Amended by Stats. 1911, p. 811, to read: "Every person who', during any one calendar day, takes, kills, or destroys or has in bis possession more than twenty-five wild ducks, or black sea-brant, or more than twenty desert or valley quail, snipe, curlew, ibis, plover, rail, or any otlior shore-birds (Limicol;e). or more than twenty doves, or more tiian ten mountain quail, or more than four grouse, or more than four sage-hens, or more than fifteen cottontail or bush rabbits is guilty of a misdemeanor; provided, also, that any person who between sunrise of one Sunday and sunrise of the following Sunday, takes, kills, or destroys more than fifty ducks, or black sea-brant is guilty of a misdemeanor." e. Amended by Stats. 1915, p. 1319. For the original section 62Gd, added in 1S95, see infra Legislation § 626a. § 626e. Hunting- female deer, spotted fawn, etc., misde- meanor. Hunters to retain portion of head bearing' horns. "Spiked buck" defined. 1. Every person, who hunts, pur- sues, takes, kills, destroj^s or has in his possession any female deer, spotted fawn, spiked buck, antelope or moun- tain sheep, is guilty of a misdemeanor. 2. Every person taking or killing any deer must retain in his possession, during the open season, and for ten days after the close of the open season, the skin and portion of the head bearing the horns, and must produce this upon the demand of any officer authorized to enforce the fish and game laws. Any person failing to comply with the provisions of this section is guilty of a misdemeanor. 3. For the purpose of this act, any male deer with straight, unbranched horns, or antlers, shall be considered a "spiked buck." [Amendment approved 1915 ; Stats. 1915, p. 338.] Legislation § 626e. 1. Enacted February 14, 1872 (based on Stats. 1854, Rediling ed. p. 55. Kerr ed. p. 263, § 2), as § 628, which re'ad: "628. Every person who, between the first day of January and the first day of July in each year, takes, kills, or destroys any elk, deer, or antelope, is guilty of a misdemeanor." 2. Amended by Code "Amdts. 1875-76, p. 114, to read: "628. Every person who, between the first day of January and the first day of September in each year, takes, kills, or destroys any elk, deer, mountain-sheep, or antelope, is guilty of a misdemeanor; and every person who shall take, kill, or destroy any of the animals herein mentioned at any time, unless the carcass of such animal is used or preserved by the person slaying it, or is sold for food, is guilty of a misdemeanor." 3. Amended by Code Amdts. 1877-78, p. 120, to read: "628. Every person who, between the first day of November in each year, and the first day of July of the following year, hunts, pursues, takes, kills, or destroys any male deer or buck, is guilty of a misdemeanor. Every person who shall, for the period of four years from and after the passage of this act, pursue, hunt, take, kill, or destroy any ante- lope, elk, or mountain-sheep, or female deer or doe, shall be guilty of a misdemeanor. Every person who, after the passage of this 299 PROTECTION OF DEER. REINDEER. § 626f act, shall kill any spotted fawn, shall be guilty of a misdemeanor. Every person who, after the passage of this act, shall take, kill, or destroy any of the animals mentioned in this section, at any time, unless the carcass of such animal is used or preserved by the per- son slaying it, or is sold for food, is guilty of a misdemeanor." 4. Eepealed by Stats. 1883, p. 82, the subject-matter of the section having been transferred to § 626 in 1880, forming part of that sec- tion until 1895. See ante. Legislation § 626. See, also, post, Legis- lation § 626f, for further legislation on same subject. 5. Added by Stats. 1895, p. 256, as a new section, numbered 626d, and then read: "626d. Every person who, in the state of Cali- fornia, shall at any time hunt, pursue, take, kill, or destroy any female deer, or spotted fawn, or any antelope, elk, or mountain- sheep, shall be guilty of a misdemeanor." 6. Eepealed by Stats. 1897, p. 92, the subject-matter of the sec- tion forming a clause of § 626 as amended at that session; q.v., ante, Legislation § 626. 7. Ke-enacted by Stats. 1901, p. 820, as § 626e, to read: "Every person who pursues, takes, kills, or destroj's, or has in his possession, any female deer or spotted fawn, or any antelope, elk, or mountain- sheep, is guilty of a misdemeanor." 8. Amended'^by Stats. 1915, p. 338. For the original § 626e, added in 1895, see infra. Legislation § 626h. 626f. Protection of deer. Reindeer. Every person who, between the fifteenth day of October and the fourteenth day of August, inclusive, of the folloAving year, hunts, pur- sues, takes, kills or destroys or has in his possession, whether taken or killed in the State of California, or shipped into the state from any other state or territory or foreign country, any male deer or any deer meat, is guilty of a misdemeanor, except as hereinafter provided ; pro- vided, that every person in game districts two and three of the State of California, who, between the fifteenth day of September and the thirty-first day of July, inclusive, of the following year, hunts, pursues, takes, kills or de- stroys, or has in his possession, whether taken or killed in the State of California, or shipped into the state from any other state or territory or foreign country, any male deer, or any deer meat is guilty of a misdemeanor; provided, further, that every i^erson in game district four of the State of California, who, betAveen the first day of October and the thirty-first day of August, inclusive, of the year follow- ing, hunts, pursues, takes, kills or destroys, or has in his possession, whether taken or killed in the State of Califor- nia, or shipped into the state from any other state or terri- tory or foreign country, any male deer, or any deer meat, is guilty of a misdemeanor; provided, further, that domes- ticated reindeer may be imported and sold, subject to such regulations as may be required by the fish and game com- mission. [Amendment approved 1915; Stats. 1915, p. 1817.] § 626f PENAL CODE. 300 Legislation § 626f, 1. Enacled February 14, 1872, as § 628; q. v., aiiie, Lc'guslauuii § uliGe, and see subsequent legislation, until added us a new sectiou in lb\)o. 2. Added by tStats. 1895, [). li.lG, as a new section numbered § 62(5c, and then read: "626c'. Every person who, in the state of Cali- I'ornia, shall hunt, pursue, take, kill, or destroy any male deer, be- tween the fifteenth day of October and the fifteenth day of July of the following year, shall be guilty of a misdemeanor." 3. Kepealed by Stats. 1897, p. 92; the subject-matter of the sec- tion forming a clause of § 626 as amended at that session; q. v., ante, Legislation § 626. 4. Re-enacted by Stats. 1901, p. 820, as § 626f, and then read: "626f. Every person who, between the first day of October of any year and the first day of August of the following .year, hunts, ])ur- sues, takes, kills, or destroys, or has in his possession, whether taken or killed in the state of California, or shipped into the state from any other state, territory, or foreign country, any male deer or any deer meat, is guilty of a misdemeanor."' 5. Amended by Stats. 1903, p. 3, to read: "626f. Every person who between the first day of November and the fifteenth day of July of the following year, hunts, pursues, takes, kills or destroys, or has in his possession, whether taken or killed in the state of Cali- fornia, or shipped into the state from any other state, territory, or foreign country, any male deer, or any deer meat, is guilty of a misdemeanor." 6. Amended ])y Stats. 1905, p. 256, changing (1) "November" to "October" and (2) "July" to "August." 7. Amended by Stats. 1907, p. 763, to read: "626f. Every person who, between the first day of October and the fifteenth day of July of the following year, hunts, pursues, takes, kills, or destroys, or has in his possession, whether taken or killed in the state of Cali- fornia, or shipped into the state from any other state, territory, or foreign country, any male deer, or any deer meat, is guilty of a misdemeanor." 8. Amended by Stats. 1909, p. 517, (1) changing "the first day of October" to "the first day of November"; (2) omitting the word "kills" from the scries "hunts, pursues, takes, kills, or destroys"; (3) the text follows that of the bill as approved by the governor March 21, 19U7, although the official bound volume of the statutes of 1909 has "August" instead of "July," the error occurring through the introduction of several amendments of the section; the attorney- general, in an opinion given to the fish and game commissionj July 8, 1909, saying, "The act fixing July 15th as the date of the begin- ning of the open season being the only act to receive executive ap- proval, I advise you that such act is the law now in force." 9. Amended by Stats. 1911, p. 811 to read: "Every person who between the first day of November and the fifteenth day of August of the following year hunts, pursues, takes, or destroys, or has in his possession, whether taken or killed in the state of California, or shipped into the state from any other state, or territory, or ■ foreign countrj- any male deer, or any deer meat, is guilt.y of a mis- demeanor, except as hereinafter provided; provided, that every per- son in game districts Nos. 2, 4 and 5 of the state of California who, between the first day of September and the first day of July of the following year, hunts, pursues, takes, or destroys, or has in his possession, whether taken or killed in the state of California, or shipped into the state from any other state, territory, or foreign country, any male deer, or any deer meat, is guilty of a misde- meanor; provided, fui'tlier, that every persim in g.-ime district No. li 301 PROTECTION OF TREE SQUIRRELS AND DEER. § 62Gh of the state of California, who, between the fifteenth day of Sep- tember and the fifteenth day of August of the following year, hunts, ])ursues, takes, or destroys, or has in his possession, whether taken or killed in the state of California, or shipped into the state, from any other state, territory or foreign country, any male deer, or any deer meat, is guilty of a misdemeanor." 10. Amended by'Stats. 1915, p. 1317. § 626g. Killing tree squirrels from January 1 to Septem- ber 1. Every person who between the first day of January and the first day of September of the same year, hunts, takes, kills, or destroys, or has in his possession, any species of tree squirrel, or who at any time buys, sells, offers for sale, or has in his possession for sale, any tree squirrel is guilty of a misdemeanor, and every person who takes, kills, or destroys, or has in his possession, more than twelve tree squirrels during any one open season, is guilty of a mis- demeanor, provided that none of the provisions of this sec- tion 'shall in any manner apply to the county of Mendocino in said state. [Amendment approved 1911 ; Stats. 1911, p. 285.] Legislation § 626g. 1. Added by Stats. 1901, p. -820, and then read: "Every person who hunts, takes, kills, or destroys, or has in his possession, between the first day of February and the first day of August of any year, any species of tree squirrel, is guilty of a misdemeanor." 2. Amended by Stats. 1905, p. 2.56, omitting "between the first day of February and the first day of August." 3. Amended by Stats. 1907, p. 761, to read: "Every person who, between the first day of January and the first day of September of the same year, hunts, takes, kills, or destroys, or has in his posses- sion, any species of tree squirrel, or who at any time' buys, sells, offers for sale, or has in his possession for sale, any tree squirrel, is guilty of a misdemeanor, and every person who takes, kills, or de- stroys, or has in his possession, more than twelve tree squirrels dur- ing any one open season, is guiltv of a misdemeanor." 4. Amended by Stats. 1911, p. ^28.3. The original § 626g, added in 1895, entitled "Pheasants protected for three years," was repealed in 1897, the subject-matter being amended and forming a part of § 626 as amended at that session; q. v., ante. Legislation, § 626. § 626h. Protection of deer. Affidavit of lawful killing-. Tags. Fee. After close of open season. Limit. Penalties. Every person v^ho buys, sells, offers or exposes for sale, barter or trade, the hide, pelt or skin of any deer, or who transports, carries, or has in his possession, the skin, pelt or hide of any female deer, or spotted fawn, or any deer hide or pelt from which the evidence of sex has been removed, is guilty of a misdemeanor ; provided, however, that the provi- sions of this section shall not apply to the skin, pelt or hide of any deer killed or taken in a foreign country ; provided, hoM'ever, that any person who sliall lawfully kill deer dur- § 626h PENAL CODE. 302 iiig llio open sojisDii may make an aflifla\i1 Ix-foin; any jus- tice ol' the peace or county clerk, settinp,- J"(jrtli the date of the killing of each fleer, and tliat the same was killed by the affiant; and said justice of the peace or county clerk taking such affidavit shall, unless he have reason to believe that said affidavit is false, or that the affiant has violated the laAvs relating to the killing of game, thereupon deliver to the affiant one leather tag of the character hereinafter described for the hide of each deer covered by said affidavit, not exceeding two in any one year, and the person so re- ceiving such tag or tags shall securely fasten with wire one tag to each deer skin and shall thereupon be entitled to otfer said deer skin for sale or exchange or transporta- tion to any point within the state between August 1st and December 31st, both dates inclusive. The tags above re- ferred to shall be designed and issued by the state board of fish commissioners, or the chief officer charged with the enforcement of the game law^s, and shall bear a stamp im- pressed thereon containing a number and the year of issue, and such other words or figures as such board or officer may determine. Such tags shall be numbered consecutively beginning with No. 1 each year, and shall be distributed to the various county clerks of this state to be distributed to the justices of the peace of their respective counties. Each county clerk shall receipt for the tags so received by him and shall take from each justice of the peace to whom he shall issue any of such tags a receipt in duplicate, one copy of which he shall file in his office and the other of w^hieh he shall forward to the state board of fish commis- sioners. Each justice of the peace or county clerk taking any such affidavit and issuing any such tag shall enter upon each affidavit the number of the tags issued by him to the affiant, and ho shall forward to the county clerk of his county Avithin five days from the close of the open sea- son for deer in each year all such affidavits, and all unused tags, and said clerk shall forward all of the same to the state board of fish commissioners. Such affidavit may also be taken by and filed with any county clerk or his chief deputy who ma^^ issue tags direct to affiant under the regu- lations hereinbefore mentioned. Each county clerk or his chief deputy or justice of the peace transmitting any such affidavit may make a charge to the affiant of tw^enty-five cents, but no other fee shall be collected for the taking of such affidavits. No tag shall be issued to any person in any year for any deer hide after the expiration of five days from the close of the open season for deer, nor shall more than two tags be issued to any person in any one year. Any 303 PROTECTION OF TREE SQUIRRELS AND DEER. § 626h person other than a county clerk, justice of the peace, or fish and game conniiissioner, who has in his possession more than two tags in any one year which are not attached to deer hides, is guilty of a misdemeanor. Any person who shall willfully make a false affidavit for the purpose of se- curing any tag hereinbefore mentioned, or who shall coun- terfeit or alter, or attempt to counterfeit, or alter any such tag issued by the said board of fish commissioners shall be guilty of a misdemeanor. Every tanner or manufacturer who receives hides and does not immediately upon receiv- ing the same at his tannery or factory mark the attached tags by punching two holes in the same, is guilty of a mis- demeanor. Every person who attaches a tag which has been so punched to a hide other than the one to which it was originally attached, is guilty of a misdemeanor. Every person who buys, sells, offers or exposes for sale, barter or trade, or transports or carries any deer hide within this state unless the same shall have attached thereto a leather tag as hereinbefore provided is guilty of a misdemeanor. Every person violating any of the provisions of this act shall be punished by a fine of not less than twenty-five dollars or more than five hundred dollars, or by imprisonment in the county jail of the county in which the conviction shall be had not' less than ten days or more than one hundred and fifty days, or by both such fine and imprisonment. ^All fines and forfeitures imposed and collected for any violation of this act must be paid into the state treasury to the credit of the fish and game preservation fund. [Amendment ap- proved 1915; Stats. 1915, p. 1287.] Legislation § 626h. 1. Added by Stats. 1895, p. 257, as §§ 626e, 626f, which read: "62(je. Every person who, in the state of Cali- fornia, shall at any time buy, sell, or offer for sale the hide or meat of any deer, elk, antelope, or mountain-sheep, whether taken or killed in the state' of California, or shipped into the state from any other state or territory, shall be guilty of a misdemeanor; provided, that nothing in this section shall be held to apply to the hide of any of said animals taken or killed in Alaska, or any foreign coun- try. 626f. Every person who shall buy, sell, offer, or expose for sale, transport, or carry, or have in his possession the skin, hide, or pelt of any deer from which the evidence of sex has been removed, shall be guilty of a misdemeanor." 2. §§ 626e and 626f repealed by Stats. 1897, p. 92, the subject- matter being amended and forming a part of § 626 as amended at that session; q. v., ante, Legislation § 626. 3. §§ 626e and 626f amended and re-enacted as § 626h by Stats. 1901, p. 820, and then read: "626h. Every person who buys, sells, § 026 j PENAL CODE. 304 oH'crs or cxjiosos lor salo, tra)isi)ort.s or carries, or lias in liis posses- sion, the skin, pelt or hide of any female deer, or spotted fawn, or any deer hide or pelt from wliich the tnidcncc of sex lias liccn re- moved, is guilty of a misdemeanor." 4. Amended by Stats. 1903, p. 3, to read: "Every person who buys, sells, offers or exposes for sale, barter or trade, the hide, pelt or skin of any deer, or who transports, carries, or has in his possession, the skin, pelt or hide of any female deer, or spotted fawn, or any deer hide or pelt from which the evidence of sex has been removed, is guiltj- of a misdemeanor; provided, however, that the provisions of this section shall not apply to the skin, pelt or hide of any deer killed or taken in a foreign country."' 5. Amended by Stats. 1915, p. 1287; the original § 62Gh, added by Stats. 189.T, p. 257, prohibited the possession, etc., of game-birds during the close season, and was repealed by Stats. 1897, p. 92. § 626i. Limit of deer that may be killed. Every person who takes, kills or destroys or has in his possession, whether taken or killed in the state of California or shipped into the state from any other state, territory, or foreign country, more than two deer during any one open season, is guilty of a misdemeanor. [Amendment approved 1907 ; Stats. 1907, p. 762.] Legislation § 626i. 1. Added by Stats. 1901, p. 820, and differed from the amendments of 1905 and 1907, having the words "three deer" instead of "two deer." 2. Amended by Stats. 1905, p. 25fi, the section reading same as the amendment of 1907, except that it had commas after the words "kills," "destroys,"' and "California." 3, Amended by Stats. 1907, p. 762. The original § 626i, added by Stats. 1895, p. 257, prohibited the possession, etc., of game-birds during the close season, and was repealed by Stats. 1897, p. 92. § 626 j. Permitting' more than one dog to track deer a misdemeanor. Every ;person who, owaiing, controlling, or having in his possession any dogs, willfully suffers, permits or allows more than one of said dogs to run, track, or trail any deer at any time during the season that deer may be lawfully killed, is guilty of a misdemeanor. [Amendment approved 1911; JStats. 1911, p. 811.] Legislation § 626j. 1. Added by Stats. 1901, p. 820, and then read: "Every person who, controlling or having in his possession any deerhounds, foxhounds, greyhounds, or any other kind of dog, will- fully suffers, permits, or allows any of said dogs to run, track, or trail any deer during the time when it is unlawful to kill the same, is guilty of a misdemeanor." 2. Amended by Stats. 1907, p. 7G1, to read: "Every person who, owning, controlling or having in his possession, any dog or dogs, willfully suffers, permits or allows said dog or dogs to run, track, 305 SALE OF GAME. PROPAGATION. KILLING AT NIGHT. § 626m or trail any deer at any time, except a wounded deer, during the season that deer may be lawfully killed, is jfuilty of a niisdenicanor." 3. Amended by Stats. 1911, p. 811. § 626k. Sale of wild game prohibited. Every person who buys, sells, otters or exposes for sale, barter or trade, any quail, partridge, dove, pheasant, grouse, sage-hen, rail, ibis, plover, or any snipe or other shore-bird (limieolae), or any deer meat, whether taken or killed in the state of California, or shipped into the state from any other state, territory, or foreign country, is guilty of a misdemeanor. [Amendment approved 1905; Stats. 1905, page 256.] Legislation § 626k. 1. Added by Stats. 1901, p. 820, and then read: "Every person who buys, sells, offer?, or exposes for sale, barter or trade, any quail, partridge, pheasant, grouse, sage-hen, ibis, or plover, or any deer meat, whether taken or killed in the state of California, or shipped into the state from any other state, territory, or foreign country, is guilty of a misdemeanor." § 6261. Live birds and animals for certain purposes. Nothing in this act shall be held to prohibit the possession for scientific purposes, or the taking alive for the purpose of propagation, any of the animals or birds mentioned in this section ; provided, permission to take and possess said birds or animals for said purposes shall have been first ob- tained in writing from the game commissioner or the state board of fish commissioners, and said permission shall accompany the shipment of said birds or animals, and shall exempt them from seizure while passing through any part of the state. Legislation § 626 1. Added by Stats. 1901, p. 821. § 626m. Killing gume birds at night a misdemeanor. Every person who, at any time between one-half hour after sunset of any one day and one-half hour before sunrise of the following day, hunts, pursues, takes, catches, kills or destroys any of the game birds, or animals of this state ; or who, between one hour after sunset of any one day and one hour before sunrise of the following day, takes, catches, kills, or destroys any trout is guilty of a misdemeanor. [Amendment approved 1911; Stats. 1911, p. 812.] Legislation § 626m. 1. Added by Stats. 1901, p. 821, and then read: "Every person who, at any time, between one half hour after sundown and one half hour before sunrise of the following day, Pen. Code — 20 § G2Go PENAL CODE. 306 liiints, |inisiics, tnlu's, kills, or destroys, any of (lie l)ii'(ls nu'U- tidiii'il ill this cliaittcr, is ji;iiilty of ;i iiiis(loinp:mor." 2. Aiiiciiilcil liy Slats. 1909, [i. CiTn. to ri'ail: "I'^vory pcrsou who, at any lime lictwccii one lialf lioiir after sunset of any day and one half hour before sunrise of the following day, hunts, jiursues, takes, i-ati'hos, kills or destroys any of the game birds or animals of this state; or who, between one hour after sunset of any day and one hour before sunrise of the following day takes, catches, kills or destroys any trout, or. whitcfish, is guilty of a misde- meanor." 3. Amended by Stats. 1911, p. 812. § 626n. Use of animals as blinds. Every person, who at any time shall use any animal, or imitation thereof, as a blind, or use such animal, or imitation thereof, for the pur- pose of approaching- any wild bird, for the purpose of shoot- ing at or killing any such wild bird, or who, at any time, takes, kills or has in his possession any such wild bird which has been taken by such method, is guilty of a misdemeanor ; provided, that nothing in this act shall prevent the use of dogs in the hunting or approaching such birds. [Amend- ment approved 1915; Stats. 1915, p. 68.] Legislation § 626n. 1. Added by Stats. 1909, p. G71, and then read: "Every person who, at any time, shall use any animal as a blind, or use such animal for the purpose of approaching any wild duck, geese, curlew, ibis, plover or other water-fowl or shore-birds, for the purpose of shooting at, or killing any such water-fowl, or shore-birds, or who, at any time takes, kills, or has in his possession any such water-fowl or shore-birds, taken by any such method, is guilty of a misdemeanor; provided however, that nothing herein contained shall jjrevent the use of dogs in hunting or approaching such birds." 2. Amended by Stats. 1911, p. 8, to read: "Every person who, at any time, shall use any animal as a blind, or use such animal for the purpose of approaching any wild duck, curlew, ibis, plover or other water-fowl or shore-birds, except geese, for the purpose of shooting at, or killing any such water-fowl, or shore-birds, except geese, or who, at any time takes, kills, or has in his possession any such water-fowl or shore-birds, except geese taken by any such method is guilty of a misdemeanor; provided, however, that nothing herein contained shall prevent the use of dogs in hunting or ap- proaching such birds." 3. Amended by Stats. 1915, p. 08. § 626o. Shooting from moving boats. Every person who in the state of California, shoots at any kind of Avild duck from any launch or other boat propelled by steam, gasoline, naphtha, electricity or other power, while said launch or boat is in motion, is guilty of a misdemeanor. Legislation § 626o. Added by Stats. 1909, p. 671. 307 BRANT. BEAVER, SEA OTTER. DISTRICTS 24-29. § 62t)S § 626p. When sea-brant may not be killed. Sea-brant in district No. 1. Every person who, between the fifteenth day of J\Iarch and the first day of November of any year, hunts, pursues, takes, kills, or destroys, or has in his possession, any kind of black sea-brant, is guilty of a misdemeanor, except as hereinafter provided ; provided, that in game dis- trict No. 1 every person Avho, between the first day of April and the first day of October of any year, hunts, pursues, takes, kills, or destroys, or has in his possession any black sea-brant, is guilty of a misdemeanor. Legislation § 626p. Added by Stats. 1911, p. S12. Another § 626p was adopted at the same session, as follows: § 626p. Killing beaver. Every person Avho at any time takes, catches, or kills, or has in his possession any beaver, is guilty of a misdemeanor. Another § 626p was passed at the same session. See prior section. Legislation § 626p. Added by Stats. 1911, p. 3i;5. § 626q. Penalty for killing- sea otter. Every person who at any time hunts, pursues, takes, kills, destroys, or has in his possession any sea otter is punishable by fine not exceed- ing one thousand dollars or imprisonment in the county jail not exceeding one year or both. Legislation § 626q. Added by Stats. 1913, p. 951. § 626r. No section of this number. § 626s. Protection of g^ame in districts Nos. 24-29. Every person who, in fish and game districts numbers twenty-four, twenty-five, twenty-six, twenty-seven, twenty- eight and twenty-nine, hunts, pursues, takes, catches, kills, destroys or has in possession any wild bird or wild ani- mal, excepting the predatory birds and animals- designated in this chapter, or who, within the boundaries of said fish and game districts numbers twenty-four, twenty-five, twenty-six, tw^enty-seven, tAventy-eight and twenty-nine, hunts, pursues, takes, catches, kills, destroys or has in possession any predatory bird or animal, Avithout first hav- ing secured Avritten permission from the board of fish and game commissioners, shall be guilty of a misdemeanor ; provided, that nothing in this act shall prohibit the hunt- ing, pursuing and killing of Avater-foAvl in game disti'ict twenty-eight, in accordance with the provisions prescribed in this chapter. Every person found guilty of a violation of any of the proAdsions of this section shall be punishable by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail S (i27 ]'KN.\L CODE. 308 of tho couiil.N' ill wliicl) coiniftioii sliall be. had, not loss than liity days nor nioi'c than one hundred fifty days, or by botli such tine and iniprisomnont. All tines and forfeit- ures collected for any violation of any of the provisions of this section shall be paid into the state treasury to the credit of the fish and game preservation fund. Legislation § 626s. Added by Htats. 1915, p. (Wr,. § 627. Trespass upon inclosed or cultivated grounds a misdemeanor. Every person who upon any inclosed or cultivated grounds, which is private property, and where signs are displayed not less than three to the mile, along all exterior boundaries thereof, forbidding such shooting or hunting, hunts, pursues, takes, kills, or destroys, any c[uail, partridge, pheasant, grouse, dove^ wild duck, snipe, curlew, ibis, or plover, or any deer, without permission first obtained from the owner or person in possession of such ground, or who maliciously tears down, mutilates, or de- stroys any sign, sign-board, or other notice forbidding shoot- ing on private property, is guilty of a misdemeanor. [Amendment approved 1901; Stats. 1901, p. 821.] Hunting on inclosed land: See ante, §§ 384, 602, subd. 9. See, also, post, Appendix, title "Fences and Inclosures." Legislation § 627. 1. Added by Stats. 1895, p. 258, as § 627a (§ 627 as then added being an amendment of a sentence of § 626 as amended in 1893, q.v., ante, and §§ 627 and 627a being, in 1897, combined), these two sections, as added in 1895, reading, "627. Every person who shall use a shotgun of a larger caliber than that commonly known and designated as a muiiber ten gauge, shall be guilty of a misdemeanor. The proof of the possession of said gun in the field, on marsh, bay, lake, or stream, shall be prima facie evidence of its illegal use. 627a. Every person who, upon any inclosed or cultivated grounds, which are private property, and where signs are displa^'ed forbidding such shooting, except salt-water marsh-land, shall shoot any quail, bob-white, pheasant, partridge, grouse, dove, deer, or wild duck, without permission first obtained from the owner or person in possession of such grounds, or who shall maliciously tear down, mutilate, or destroy any sign, sign-board, or other notice forbidding shooting on private property, shall be guilty of a misdemeanor." 2. Amended by Stats. 1897, p. 92, combining §§ 627, 627a, 627b. and 627d, which sections were added in 1895, § 627 as thus amended in 1897, reading, "627. Everj' person who shall use a shotgun of a larger caliber than that commonly known and designated as a number ten gauge, shall be guilty of a misdemeanor. The proof of the possession of said gun in the field, or marsh, bay, lake, or stream, shall be prima facie evidence of its illegal use. Every per- son who, upon any inclosed or cultivated grounds which are private propertj^ and where signs are displayed forbidding such shooting, shall shoot any quail, bob-white, pheasant, partridge, grouse, dove, wild duck, or deer, without permission first obtained from the owner or person in the possession of such ground, or who shall maliciously tear down, mutilate, or destroy any sign, sign-board, or other notice 309 CERTAIN GAME NOT TO BE SHIPPED. § 627a forbidding shooting on private property, shall be guilty of a misde- meanor, livery railroad company, express company, transportation company, or other common carrier, their officers, agents, and ser- vants, and every other person, who shall transport, carry, or take out of this state, or who' shall receive tor the purpose of transport- ing from the state, any deer, deerskin, buck, doe, or fawn, or any quail, partridge, pheasant, grouse, piairie-chicken, dove, or wild duck, except tor purposes of propagation, or who shall transport, carry, or take from the state, or receive for the purpose of trans- porting from the state, any such animal or bird, shall be guilty of a misdemeanor,- pro\'ided, that the right to transport for the pur- poses of propagation shall first be obtained by permit, in writing, from the board of fish commissioners of the state of California. Any person found guilty of a violation of any of the provisions of this section, shall be fined in a sum not less than twenty dollars, [n]or more than five hundred dollars, or be imprisoned in the county jail in the county in which the conviction shall be had, not less than ten days, [njor more than one hundred and fifty daj's, or be' punished by both such fine and imprisonment." 3. Amendment by Stats. 1901, p. 476; unconstitutional. See note, § 5, ante. 4, Amended by Stats. 1901, p. 821. The original code § 627, which provided for the protection of game- birds in Lassen, Plumas, and Sierra counties, was amended by Code Amdts. 1875-76, p. 113, and was repealed by Stats. 1883, p. 82. § 627a. Certain game not to be shipped. Every railroad company, express company, transportation company, or other common carrier, its officers, agents, and servants, and every other person who transports, carries or takes out of this state, or who receives for the purpose of transporting from this state, any deer, deerskin, buck, doe or fawn, or any quail, partridge, pheasant, grouse, or sage-hen or prairie-chicken, dove, wild pigeon, or any wild duck, rail, snipe, ibis, curlew, plover, or other shore-birds (Limicolre) except for the purpose of propagation or scientific purposes, under a permit, in writing, first obtained from the board of fish commissioners of the state of California, or who trans- port [s], carries or takes from the state, or receives for the purpose of transportation from the state, the carcass of any such animal or any such bird, or any part of the carcass of any such aninml or bird, is guilty of a misdemeanor. [Amendment approved 1905; Stats. 1905, p. 257.] Legislation § 627a. 1. Added by Stats. 1895, p. 258, as § 627b, and then read the same as the fourth sentence of § 627 as amended in 1897, except that it did not have the word "who" before "shall receive." See supra. Legislation § 627. 2. Kepealed by Stats. 1897, p. 93, the subject-matter being in- corporated with § 627 as amended at that session. 3. Ee-enactment by Stats. 1901, p. 476, changing the number from § 627b to § 627a; unconstitutional: See note, §5. ante. 4. Re-enacted by Stats. 1901, p. 821, as § 627a, and then read: "627a. Every railroad company, express company, transportation company, or other common carrier, its officers, agents and servants, § G27b PENAL CODE. 310 and oveiy other person who transports, carries or takes out of this state, or wlio receives for the purpose of transjxirtinf^ from tlie state, any deer, deerskin, buck, doe or fawn, or any quail, part- ridge, pheasant, grouse, prairie-chicken, dove, wild pigeon, or any wild duck, rail, snipe, ibis, curlew, or plover, except for the pur- poses of propagation, or who transports, carries or takes from thef state, or receives for the purpose of transportation from the state, any such aninial or bird, or any part of the carcass thereof, is guilty of a misdemeanor. The right to transport for the purposes of propagation, or for scientific purposes, must first be obtained by permit in writing from the game commissioner or the state board of fish commissioners." 5. Amended by Stats. 1905, p. 257. l'''or original § G27a, added in 1 '^9;l, see ante, TjCgislation § C27. § 627b. Shipments, limit of certain game. Every com- mon carrier Avhich receives for shipment or transportation from, or which ships or transports for, any one person dur- ing any one calendar day more than twenty-five wild ducks, or black sea-brant, or more than twenty quail, snipe, curlew, ibis, plover, rail, or other shore-birds (LimicohT?), or more then twenty doves ; or Avhich ships or transports, or any per- son offering for shipment or transportaion any of the said birds, or any deer, or any deer meat, in any quantity, unless such birds, or deer or deer meat are at all times in open view and tagged or labeled Avith the name and residence of the person bj^ whom they are shipped ; or any person who shall at the time of such shipment or transportation fail to fur- nish to any such common carrier a tag or label bearing his name, residence and the exact contents of the package offered for shipment or transportation is guilty of a mis- demeanor; provided, that nothing in this section contained shall be construed to permit any person to have in his pos- session any game or fish contrary to the provisions of this chapter, nor to permit any common carrier to have in its possession more than the above specified number of said birds during any one calendar day, though lawfully re- ceived, except during the shipment or transportation thereof. [Amendment approved 1909; Stats. 1909, p. 671.] Legislation § 627b. 1. Added by Stats. 1901, p. 821, and then read: "627b. Every railroad company, steamship company, express company, transportation company, transfer company, and every other person, who ships, or receives for shipment or transportation, from any one' person, during any one day, more than twenty-five quail, partridge, grouse or sage-hen, snipe, curlew, or ibis, or more than fifty doves, or more than twenty rail, or more than fifty wild ducks, or who transports any of said birds or any deer, in any quantity, unless such birds or deer are at all times in open view, and labeled with the name and residence of the person by whom they are shipped, is guilty of a misdemeanor." 2. Amended by Stats. 1905, p. 257, to read: "C)27\>. Every railroad company, steamship company, exi'ivess company, tvanspni'tation 311 SONG BIRDS. SHRIMPS, LOBSTER, ABALONE, ETC. § 628 company, transfer company, and every other person who ships, or receives for shipment, or transportation, from any one person, during any one calendar day, more than twenty-five quail, partridge, pheasant, grouse, or sage-hen, doves, rail, snipe, curlew, ibis, plover or other shore-birds (Limicola"), or more than fifty wild ducks or who transports any of the said birds, or any deer, in any quantity, unless such birds or deer are at all times in open view, and labeled with the name and residence of the person by whom they are shipped, is guilty of a misdemeanor." 3. Amended by Stats. 1907, p. 761, to read: "627b. Every com- mon carrier which receives for shipment or transportation from, or which ships or transports for, any one person during anj^ ouc calendar day more than twenty-five quail, partridge, pheasant, grouse, sage-hen, dove, rail, snipe, curlew, ibis, plover, or other shore-birds (Limicohv), or more than thirty-five wild ducks, or which ships or transports, or any person who offers for shipment or transportation, any of the said birds or any deer, or any deer meat, in any quantity, unless such birds or deer or deer meat are at all times in open view and labeled with the name and residence of the person by 'whom they are shipped, is guilty O'f a misde- meanor; provided that nothing in this section contained shall be construed to permit any person to have in his possession any game or fish contrary to the provisions of this chapter, nor to permit any common carrier to have in its possession more than the above specified number of said birds during any one calendar day, though lawfully received, except during the shipment or transportation thereof." 4. Amended by Stats. 1909, p. 671. For original § 627b, added in 1895, see ante. Legislation § 627a. § 627c. Protection to song-birds and their nests. [Re- pealed 1897; Stats. 1897, p. 93.] Legislation § 627c. 1. Added bv Stats. 1895, p. 258. 2. Eepealed by Stats. 1897, p. 93. § 627d. Penalties. [Repealed 1897 ; Stats. 1897, p. 93.] Legislation § 627d. 1, Added bv Stats. 1895, p. 258. 2. Eepealed by Stats. 1897, p. 93. § 628. Protection of shrimp. Spiny lobster. Crab. Aba- lone. Catfish. Sturgeon. Every person who, at any time offers for shipment or ships, or who receives for shipment or transportation from the State of California to any place in any other state, territory or foreign country, or who has in his possession, for any purpose any dried shrimp or shrimp shells of shrimp caught or taken in the waters of this state, shall be guilty of a misdemeanor ; and be it pro- vided, that the possession of such dried shrimp or shrimp shells, for any purpose shall be prima facie evidence that such dried shrimp or shrimp shells are of shrimp whicli were caught or taken in the water of this state. Every per- son who, between the first day of March and the fourteenth day of October inclusive, of any year, takes, catches, kills, has in possession, buys, sells or offers for sale any spiny § 628 I'ENAL CODK. 312 lol^tci- (I'nmilinis intcrruptus), or Avho, at any time takes, catches, kills, has iii possession, buys, sells, or offers for sale any spiny lobster (Panulirus interrnptus), of less than nine inches or more than thirteen and one-half inches in length, measured from one extremity to the other and exclusive of legs, claws or feelers shall be guilty of a misdemeanor. Every person M'ho, at any time takes, catches, kills, has in his possession, buys, sells or oft'ei-s for sale any crab (Cancer magister) of less than seven inches in breadth measured straight across the back from point to point, or any female crab (Cancer magister), or who, betw^een the thirty-first day of July and the fourteenth day of November inclusive, of any year, takes, catches, kills, has in possession, buys, sells or offers for sale any crab (Cancer magister), shall be guilty of a misdemeanor. Any person who shall at any time, pickle, can or otherwise preserve any spiny lobster (Panu- lirus interruptus) or crab (Cancer magister), or Avho shall at any time, sell any spiny lobster (Panulirus interruptus), crab (Cancer magister) meat not in the shell of such spiny lobster (Panulirus interruptus) or crab (Cancer magister) or who shall bring to shore any part or portion of any spiny lobster (Panulirus interruptus) or crab (Cancer magister) without the remaining portions of such spiny lobster (Panu- lirus interruptus) or crab (Cancer magister) in such condi- tion that the size of such spiny lobster (Panulirus inter- ruptus) or crab (Cancer magister) cannot be measured, shall be guilty of a misdemeanor. Sec. 2. Every person who, between the first day of Feb- ruary and the last day of February of the same year, both dates inclusive, takes, catches, kills, or has in his possession any red abalone (Haliotis rufescens), or who, between the first day of February and the thirtieth day of April of the same year, both dates inclusive, takes, catches, kills or has in his possession any pink abalone (Haliotis corrugata), or any black abalone (Haliotis crackerodie), or any green aba- lone (Haliotis fulgens), is guilty of a misdemeanor. Every person who at any time, takes, catches, kills or has in his possession any red abalone (Haliotis rufescens) less than nineteen inches around the outer edge of the shell, or any green abalone (Haliotis fulgens) less than eighteen inches around the outer edge of the shell, or any pink abalone (Haliotis corrugata) less than sixteen inches around the outer edge of the shell, or any l)lack abalone (Haliotis crackerodie) less than fourteen inches around the outer edge of the shell, or who by any means whatsoever, takes, or catches any abalone (Haliotis) and does not bring the same naturally attached to the shell and alive, to the shore 313 SHRIMPS, LOBSTER, ABALONE, CRAB, CAT-FISH, ETC. § 628 above high water mark, or who takes, catches or kills any abalone (Haliotis) for other than food purposes, or who, at any time dries any abalone (Haliotis), or who, at any time, offers for shipment, or ships, or receives for shipment or transportation from the State of California to any place in any other state, territory or foreign country any abalone meat fresh or dried or in cans holding more than one pint; or abalone shells, excepting articles manufactured from abalone shells ; or who takes, catches, kills or has in his possession any abalone (Haliotis) taken, caught or killed wath a spear shall be guilty of a misdemeanor. Every per- son who, in fish and game districts numbers nineteen and twenty of this state, uses or assists in using any diving ap- paratus of any character for the taking or catching of any abalone (Haliotis), or who takes, catches or kills any black abalone (Haliotis crackerodie), or who takes, catches or kills during any one calendar day more than ten abalone (Haliotis) shall be guilty of a misdemeanor. None of the provisions of this act shall apply to spiny lobster or abalone (Haliotis) caught or taken without the waters of this state, when said spiny lobsters are not caught in waters lying south for a distance of ten miles from the international boundary line between the United States and Mexico, ex- tended westerly in the Pacific Ocean, and bearing after in- spection such evidence of having been so caught or taken as may be hereafter prescribed by the fish and game com- mission ; and be it provided, that all the expense of such inspection shall be borne by the importer of such spiny lobster or abalone (Haliotis) ; and be it provided, further, that all spiny lobster or abalone (Haliotis) imported into this state shall be of the size prescribed in this section. Sec. 3. Every person who, at any time has in his posses- sion for sale, or sells, or offers for sale, any catfish between the fifteenth day of May and the fourteenth day of August, inclusive, of any year, or who at any time has in his posses- sion for sale, or sells, or offers for sale, any dressed catfish which shall measure less than seven inches in length, ex- clusive of any part of the head, or who at any time has in his possession, for sale, or sells, or offers for sale, any undressed catfish less than nine inches in length or who, at any time, kills or has in his possession any sturgeon of less than twenly-five pounds in w^eight shall be guilty of a misdemeanor. Section six hundred twenty-eight g of the Penal Code, relating to abalones, is hereby repealed. [Amendment approved 1915; Stats. 1915, p. 1433.] Legislation § 628. 1. Added by Stats. 1895, p. 259, as § 628a, and then read: "G2Sa. Every person who, in the state of California, sliall § G2S PENAL CODE, 314 take, catcli, or kill, or sells, cxi.oscs or oll'crs i'ui sale, or has in his possession any lobster or crawfish, between the fifteenth day of May and tlie fifteenth day of July of each year, shall be guilty of a misdemeanor. Every person who, in the state of California, shall at any time^ buy, sell, barter, exchange, offer, exjiose for sale, or liave in his possession any lobster or (crawfish of less than one pound in weight, shall be guilty of a misdemeanor. It shall be no defense in a prosecution for a violation of the provisions of this section that the lobsters or erawfisli sold or possessed wore caught ouside of this state." 2. § (i28a repealed by Stats. 1897, j). 34S, the subject-matter being incorporated with § G2S as amended at that session. 3. § 628 amended by Stats. 1897, p. 347, combining and amending §§ ()2S and 62Sa (added in 1895) and adding thereto, and tlien read: "628. Every person who takes or catches, buys, sells, or has in his possession, any striped bass of less than three pounds in weight; every person who, at any time', takes, catches, or kills any black bass, except with hook and line; every person who takes, catches, or kills, or buys, sells, exposes or offers for sale, or has in his pos- session, any black bass, between the first day of January and the first day of July of each year; every person who takes, catches, or kills, or buys, sells, exposes or offers for sale, or has in his pos- session, any lobster or crawfish, between the fifteenth day of May and the fifteenth day of July of each year; every person who, at any time, buys, sells, exposes or O'ffers for sale, or has in his possession any lobster or crawfish of less than nine and one half inches in length, measured from one extremity to the other, exclusive of legs, claws, or feelers; every person who, at any time, l3u_ys, sells, exposes or offers for sale, or has in his possession any female crab; every person who, at any time, buys, sells, exposes or offers for sale, or has in his possession any sturgeon of less than three feet in length; every person who takes, catches, or kills, or buys, sells, offers or expo'ses to sell, or has in his possession any fresh sturgeon, between the first day of April and the first day of September of each year; every person who by seine or other means shall catch the young fish of any species, and who shall not return the same to the water immediately and alive, or who buj'S, sells, offers or exposes for sale, or has in his possession any such fish, fresh or dried; every person who catches, takes, or carries away any fish from any pond or reservoir belonging to or controlled by the state board of fish com- missioners, or any person or corjjoration, without the consent of the' owner thereof, which pond or reservoir has been stocked with fish; every person who shall at any time, except with hook and line, take or catch fish of any kind from any river or stream upon which a state or United States fish-hatchery is in operation, is guilty of a mis- demeanor, and is punishable by a fine not less than twenty dollars nor more than five hundred dollars, or by imprisonment in the county jail in the county in which conviction shall be had, not le'ss than ten days nor more than one hundred and fifty days, or by both such fine and imprisonment. All the fines imposed and collected for any violation of any of the provisions of this section shall be paid into the 'fish commission fund.' Nothing in this section shall prohibit the United States fish commission and the fish commission of this state from taking, at all times, such fish as they deem necessary for the purpose of artificial hatching. It shall be no defense' in a prosecution for a violation of any of the provisions of this section that the fish were caught or taken outside or within this state." 4. Amended by Stats. 1901, p. 54 (becoming a law, under constitu- tio'nal provision, without governor's approval), to read: "628. Every person who, between the thirty-first day of May and the first day 315 SHRIMPS, LOBSTER, ABALONE, CRAB, CAT-FISH, ETC. § 628 of July, buys, st'lls, Uikcs, catches or lias iu his iiossossioii, auy striped bass, or who, between the first day of January aud the first day of July, buys, sells, takes, catches or has iu his possession, any black bass, or, who, between the first day of April and the fifteentli day of August, buys, sells, takes, catches or has in his possession, any lobster or crawfish, or, who, between the first day of May and the first day of September, buys, sells, talces, catches, kills or has in his possession, any shrimp, or, who, at any time, buys, sells, takes, catches, kills or has in his possession, any striped bass of less than one pound in weight, or any lobster or crawfish of less than nine and one half inches in length, measured from one extremity to the other exclusive of legs, claws or feelers, or any sturgeon or any egg-bear- ing female lobster, or any female crab, or any abalone shells, or abalone the shell of which shall measure less than fifteen inches around the outer edge of the shell, or, who, by seine or other means, catches the young fish of any species and does not immediately return the same to the water alive, or who buys, sells, or offers for sale or has in his possession, any such fish, whether fresh or dried, or who catches, takes, kills or carries aw^ay any fish from any pond or reservoir belonging to, or controlled by, the board of fish com- missioners, or any person, or corporation, without the consent of the owners thereof, which pond or reservoir has been stocked with fish, or who, except with hook and line, takes, catches or kills any black bass whatsoever, or any kind of fish, from auy river or stream upon which the state or United States fish-hatchery is maintained, is guilty of a misdemeanor, and punishable by fine not less than twenty dollars nor more than five hundred dollars, or by imprison- ment in the county jail not less than ten nor more than one hun- dred and fifty days, or by both such fine and imprisonment. All fines collected for any violation of any of the provisions of this section must be paid into the 'fish commission fund.' Nothing in this section prohiloits the United States fish commission and the fish commission of this state from taking at all times such fish as they deem necessary for the purpose of artificial hatching. It is no de- fense in a prosecution for a violation of any of the provisions of this section that the fish were caught or taken outside, or within, this state." 5. Amended by Stats. 1903, p. 23, to read: "628. Every person who, between the first day of January and the first day of July of each year, buys, sells, takes, catches, or has in his possession any black bass; or who, between the first day of April and the fifteenth day of August of ^ch year, buys, sells, takes, catches, or has in his pos- session any lobster or crawfish; or who, between the first day of May and the first day of September of each year, buys, sells, takes, catches, kills, or has in his possession any shrimp; or who, between the first day of September and the first day of November of each year, buys, sells, takes, catches, kills, or hr.s in his possession any crab; or who, at any time buys, sells, takes, catches, kills, or has in his possession any striped bass of less than three' pounds in weight, or any lobster or crawfish of less than nine and one half inches in length, measured from one extremity to the other, exclusive of legs, claws, or feelers; or any sturgeon, or any egg-bearing female lobster, or any female crab, or any crab which shall measure less than six inches across the back, or any abalone shells, or abalones, the shell of which shall measure less than fifteen inches around the outer edge of the shell; or who, by seine or other means, catches thi; young fish of any species, and does not immediately return the same to the water alive; or who buys, sells, or offers for sale, or has in his possession, any such fish, whether fresh or dried; or who catches, § (528 PENAL CODE. 316 takes, kills, or canies away any fisli from any pond or reservoir be- longing to, or controlled by, the board of fisli coiniiiif^sio'nerK, or any person or corporation, without the consent of the owners thereof, which pond or reservoir has been stocked witli fish; or who, except with hook Mild liiii\ t.ikes, catches, or kills any black bass what- soever, or ;niy kind of (ish', from any river or stream upon which the state or United States fish-hatchery is maintained, is gnilty of a misdemeanor, and punishable by a fine not less tiiail twenty dol- lars nor more than five hundred dollars, or by imprisonment in the county jail not less than ten nor more than one hundied and fifty days, or by both such fine and imprisonment. All fines collected for any ^■iolation of any of the provisions of this section must be paid into the state treasury to the credit of the 'fish commission fund.' Nothing in this section prohibits the United States fish com- mission and the fish commission of the state from taking at all times such fish as they deem necessary for the purpose of artificial hatching. It is no defense in a prosecution for a violation of any of the ])rovisions of this section that the fish were caught or taken outside, or within, this state." 6. Amended by Stats. 1905, p. ISG, to read: "628. Every person who, between the first day of April and the fifteenth day of Sep- tember of each year, buys, sells, takes, catches, kills or has in his possession, any lobster or crawfish; or who at any time has in his possession any lobster or crawfish of less than nine and one half inches in length, measured from one extremity to the other, exclu- sive of legs, claws or feelers; or who, at any time, offers for ship- ment, ships, or receives for shipment or transportation, from the state of California to any place in any other state, territory, or foreign country, any dried shrimp or shrimp shells; or who, between the first day of September and the first day of November of each 3'ear, buys, sells, takes, catches, kills, or has in his possession, any crab; or who, at any time, buys, sells, offers for sale, takes, catches, kills, or has in his possession, any sturgeon, or any female crab, or any crab which shall measure less than six inches across the back, or any abalones or al)alone shells of the kind known to commerce as the black abalone (Haliotis californica), the shell of ' which shall measure less than twelve inches around the outer edge of the shell, or any other abalone shells, or abalones, the shell of which shall measure less than fifteen inches around the outer edge' of the shell, is guilty of a misdemeanor." 7. Amended by Stats. 1907, p. .301, to read: "628. Every person who. between the fifteentli day of February and the, fifteenth day of September of each year, buys, sells, takes, catches, kills, or has in his possession, any lobster or crawfish; or who at any time has in his possession, any lobster or crawfish of less than eleven inches in length, measured from one extremity to the other, exclusive of legs, claws, or feelers; or who, at any time, offers for shipment, ships, or receives for shipment or transportation, from the state of California to any place in any other state, territory or foreign country, any dried shrimp or shrimp shells of shrimp caught or taken in the waters of this state, is guilty of a misdemeanor; pro- vided, that the possession of such dried shrimp or shrimp shells shall be prima facie evidence of the fact that such dried shrimp or shrimp shells are of shrimp which were caught or taken in the waters of this state; and every person who, between the first day of September and the first day of November of each year, buys, sells, takes, catches, kills, or has in his possession, any crab; or, who, at any time, buys, sells, offers for sale, takes, catches, kills, or has in his possession, any sturgeon; or fresh sturgeon eggs, or any 317 SHRIMPS, LOBSTER, ABALONE, CRAB, CAT-FISH, ETC. § 628 female crab, or any crab which shall measure less than six inches across the back, or any abalones or abalone shells of the kind known to commerce as the black abalone (Haliotis californica), the shell of which shall measure less than twelve inches around the outer edge of the shell, or any other abalone shells, or abalones, the shell of which shall measure less than fifteen inches around the outer edge of the shell; or every person who takes, catches, kills, or has in his possession, any abalones or abalone shells taken from any of the waters of the state by the use of diving-suits or diving Ijaraphernalia of any kind, is guilty of a misdemeanor." 8. Amended by tStats. 1909, p.' 519, to read: "Every person who between the first day of June and the first day of September, of any year, takes, catches, kills or has in his possession any shrimp; or who at any time, offers for shipment, ships, or receives for ship- ment or transportation from the state of Caliiornia to any place in any other state, territory, or foreign country, any dried shrimp or shrimp shells of shrimp caught or taken in the waters of this state, is guilty of a misdemeanor; provided that the possession of such dried shrimp or shrimp shells shall be prima facie evidence of the fact that such dried shrimp or shrimp shells are of shrimps which were caught or taken in the waters of this state; and every person who, at any time has in his possession any dressed catfish less than eight inches in length, or who at any time kills or has in his posses- sion any sturgeon of less than twenty-five pounds in weight, or who between the first day of November and the first day of March of the year following, buys, sells, takes, catches, kills, or has in his pos- session, any crab, or who, at any time, buys, sells, offers for sale, takes, catches, kills, or has in his possession, any female crab, or any crabs which shall measure less than si.x inches across the back, or any lobster or crawfish, or any abalones except the abalone known to commerce as the red abalone (Haliotis rufescens) which shall measure not less than seventeen inches around the outer edge of the shell, is guilty of a misdemeanor; provided, that it shall be all times be lawful for any person or persons, to buy, sell, or have in his possession any lobster or crawfish of not less than nine and one half inches in length, measured from one extremity to the other, exclusive of legs, claws, or feelers, caught or taken without the waters of this state, and bearing, after inspection, such evidence of having been so caught or taken as shall be hereafter prescribed by the California fish commission; and provided further, that the expense of such inspection shall be borne by the person or persons importing such lobster or crawfish." 9. Amended 1911, p. 561, to read: "Every person who, at any time, offers for shipment, ships, or receives for shipment or transportation from the state of California to any j^lace in any other state, terri- tory, or foreign country, or who has in his possession for any pur- pose any dried shrimp or shrimp shells of shrimp caught or taken in the water of this state, is guilty of a misdemeanor; provided, that the possession of such dried shrimp or shrimp shells for any purpose shall be prima facie evidence of the fact that such dried shrimps or shrimp shells are of shrimps which were caught or taken in the waters of this state, or every person who, between the fif- teenth day of February and the fifteenth day of September of each year, buys, sells, takes, catches, kills ot has in his possession any lobster or crawfish or who at any time has in his possession any lobster or crawfish of less than nine and one-half inches in length, measured from one extremity to the other, exclusive of legs, claws or feelers, or who shall at any time pickle, (;an, or otherwise pre- serve any lobster, crab, or crawfish caught or taken in the waters § G28 PENAL CODE. 318 of this state, or who sliall at any time sell any crab, lo'bster or erawfisii meat not in tlie stiell of such crab, lobster or crawfish, or who sliall bring to shore any part or portion of any lobster, crab or crawfish, without the remaining portions of said lobster, crab or crawfish in such condition that the size of such lobster, crab or crawfish cannot be measured is guilty of a misdemeanor. Every person wlio, at any time lias in his possession for sale, or sells, or offers for sale any dressed catfish less than seven inches in length not including the head, or who at any time kills or has in his pos- session any sturgeon of less than twenty-five pounds in weight, or who between the first day of November and the first day of March of the year following, buys, sells, takes, catches, kills, or has in his possession, any crab, or who, at any time, buys, sells, offers for sale, takes, catches, kills, or has in his possession any female crab, or any crabs which shall measure less than seven inches across the back, or any person who', between the first day of March and the first day of Julj^ of any year, kills, takes or catches, in the waters of this state any abalone (Haliotis); or who, at any time, buys, sells, offers for sale, takes, catches, kills, or has in his possession, any abalone (Haliotis) known to commerce as the red abalone (Haliotis rufescens), less than seventeen inches around the outer edge of the shell, or any greerj abalone (Haliotis fulgens) less than sixteen inches around the outer edge of the shell, or any pink abalone (Haliotis corrugata) less than fourteen inches around the outer edge of the shell, or any black abalone (Haliotis craekerodie) less than twelve inches around the outer edge of the shell; or who, by what- ever means whatsoever takes, or catches between the first day of July and the twenty-eighth day of February the red abalone (Haliotis rufescens) seventeen inches or over around the outer edge of the shell, or the green abalone (Haliotis fulgens) sixteen inches or over around the outer edge of the shell, or the pink (Haliotis corrugata) fourteen inches or over around the outer edge of the shell, or the black abalone (Haliotis craekerodie) twelve inches or over around the outer edge of the shell and does not bring the abalone naturally attached to the shell alive to the shore above high-water mark, or who kills any abalone (Haliotis) of lawful size other than for food purposes, is guilty of a misdemeanor; pro- vided, that it shall at all times be lawful for any person or persons, to buy, sell, or have in his possession any lobster or crawfish of not less than nine inches in length, measured from one extremity to the' other, exclusive of legs, claws, or feelers, or any abalone caught or taken without the waters of this state, and bearing after inspec- tion, such evidence of having been so caught or taken as shall be hereafter prescribed by the fish and gam'g commission; and pro- vided, further, that the expense of such inspection shall be borne by the person or persons importing lobster or crawfish." 10. Amended 1913, p. 1007, to read: "Every person who at any time, offers for shipment or ships, or who receives for shipment or transportation from the state of California to any place in anj' other state, territory or foreign country, or who has in his posses- sion, for any purpose, any dried shrimp or shrimp shells of shrimp caught or taken in the waters of this state shall be guilty of a mis- demeanor; and be it provided, that the possession of such dried shrimp or shrimp shells, for any purpose shall be prima facie evi- dence that such dried shrimp or shrimp shells are of shrimp which were caught or taken in the waters of this state. Every person who, between the first day of March and the thirty-first day of October of the same year, both dates inclusive, takes, catches, kills, has in possession, buys, sells, or offers for sale any lobster (craw- 319 SHRIMPS, LOBSTER, ABALONE, CRAB, CAT-FISH, ETC, § 62S fish), or who at any time takes, catches, kills, has iu possession, buys, sells, or offers for sale any lobster (crawfish) of less than nine inches or more than thirteen and one-half inches in length, measured from one extremity to the other and exclusive of legs, claws or feelers, or who shall at any time, pickle, can or otherwise X^reserve any lobster (crawfish) or crab (Cancer magister), or who shall at any time, sell any lobster (crawfish), crab (Cancer magis- ter) meat not in the shell of such lobster (crawfish) or crab (Cancer magister), or who shall bring to shore any part or portion of any lobster (crawfish) or crab (Cancer magister) without remaining portions of such lobster (crawfish) or crab (Cancer magister) in such condition that the size of such lobster (crawfish) or crab (Cancer magister) cannot be measured, shall be guilty of a mis- demeanor. Every person who, at any time, has in his possession for sale, or sells, or offers for sale, any dressed catfish less than seven inches in length not including the head, or who, at any time kills or has in his possession any sturgeon of less than twenty-five pounds in weight, shall be guilty of a misdemeanor. Every person who, at any time, takes, catches, kills, has in his possession, buys, sells, or offers for sale, any crab (Cancer magister) of less than seven inches in breadth measured straight across the back from point to point, or any female crab (Cancer magister), or who between the first day of August and the fifteenth day of November of the same year, both dates inclusive, takes, catches, kills, has in possession, buys, sells, or offers for sale any crab (Cancer magister), shall be guilty of a misdemeanor. Every person who, between the first day of February and the thirtieth day of April of the same year, both dates inclusive, takes, catches or kills any abalone (Haliotis), or who, at any time, takes, catches or kills any red abalone (Haliotis refescens) less than nineteen inches around the outer edge of the shell or any green abalone (Haliotis fulgens) less than eighteen inches around the outer edge of the shell, or any pink abalone (Haliotis corrugata) less than sixteen inches around the outer edge of the shell, or any black abalone (Haliotis crackerodie) less than fourteen inches around the outer edge of the shell, or who by any means whatsoever, takes, or catches any abalone (Haliotis) and does not bring the same, naturally attached to the shell and alive, to the shore above high-water mark, or who takes, catches, or kills any abalone (Haliotis) for other than food purposes, or who at any time offers for shipment, or ships, or receives for shipment or transporta- tion from the state of California to any place in any other state, territory or foreign country any abalone meat, fresh or dried; or abalone shells, excepting articles manufactured from abalone shells; or who takes, catches, or kills any abalone (Haliotis) by the use of a spear or spears, shall be guilty of a misdemeanor. Every person who, in fish and game district 6 of this state, uses or assists in using any diving apparatus of any character for the taking or catching of any abalone (Haliotis), or who takes, catches, or kills any black abalone (Haliotis crackerodie), or who takes, catches or kills during any one calendar day more than ten (10) abalone (Haliotis) shall be guilty of a misdemeanor. None of the provisions of this act shall apply to lobster (crawfish) or abalone (Haliotis) caught or taken without the waters of this state, and bearing after inspection such evidence of having been so caught or taken as may be here- after prescribed by the fish and game commission; and be it pro- vided, that all the expense of such inspection shall be borne by the importer of such lobster (crawfish) or abalone (Haliotis) ; and be it provided, further, that all lobster (crawfish) or abalone (Haliotis) § 628u PENAL CODE. 320 iinpoitiMl into tliis slate shall be ot" tiie size prescribed in this section." 11. Amen. led by Stats. 1915, p. li:VA. For oriijinal code 8 028, (>ntitled "Destruction of elk, etc., when prohibited," amended in 1S75-76 and in 1877-78, and repealed in 1883, see ante, Legislation § G2tie. For § C28 added in ISH.'), entitled "sti'ij^ed bass and sturj^eon," see post, Lef^islation § f)2^a. § 628a. Protection of bass. Shad. Limit. J^^veiy per- son, who at any time, buys, sells, offers for sale or has in his possession any striped bass of less than three pounds in Aveight, or who, except with hook and line and in the manner commonly known as angling, takes, catches, kills or has in his possession any striped bass or shad between the twenty-fifth day of September and the fourteenth day of November inclusive, of any year, or Avho, between the twenty-fifth day of September and the fourteenth day of November, inclusive, takes, catches, kills or has in his pos- session more than five striped bass or shad, or who between the twenty-fifth day of September and the fourteenth day of November, inclusive, buys, sells, offers for sale, ships or offers for shipment or receives for shipment or transporta- tion any striped bass, or who at any time, offers for ship- ment, ships or receives for shipment or transportation from the State of California to any place in any other state, ter- ritory or foreign country any striped bass is guilty of a, misdemeanor. Every person who takes any striped bass or shad in a net, any of the meshes of which are, when drawn closely together and measured inside the knots, less than five and one-half inches in length is guilty of a misde- meanor. Every person who shall cast, extend or draw, or assist in casting, extending or drawing any net or seine, for the purpose of taking or catching any shad or striped bass in any of the M-aters of this state at any time between sunrise of each Saturday and sunset of the following Sun- day is guilty of a misdemeanor ; provided, however, that nothing in this section shall prohibit any person from hav- ing in his possession, at any time, not more than five striped bass of less than three pounds each in weight, caught with hook and line, but such fish shall not be bought, sold or offered for sale, or shipped or offered for shipment. Every person who violates any of the provisions of this section is guilty of a misdemeanor. [Amendment approved 1915; Stats. 1915, p. 1320.] Legislation § 628a. 1. Added by Stats. 1895, p. 259, as part of § 628, which read: "628. Every person who takes or catches, buys, sells, or has in his possession any striped bass of less than three pounds in weight, is guilty of a misdemeanor. Every person who, at any time, buys, sells, offers or exposes for sale, or has in his pos- session any sturgeon less than three feet in length is guilty of a 321 PROTECTION OF BASS AND SHAD. § 628a misdemeanor. Every person who, at any time between the first clay of April and the first day of September of each year, takes or catches, buys, sells, or has in his possession any fresh sturgeon is guilty of a misdemeanor. Any person found guilty of a violation of any of the provisions of this section shall be fined in a sum not less than fifty dollars or be imprisoned in the county jail in the county in which the conviction shall be had not less than fifty days, or be punished bj^ both such fine and imprisonment. It shall be no defense in the prosecution for a violation of the provisions of this section that the sturgeon sold or possessed were caught outside of this state. Every person who, between the first day of January and the first day of July, takes or catches, buys, sells, or has in his possession any black bass is guilty of a misdemeanor." 2. §§ 628 and 62Sa combined, amended, and added to, forming § 628 as amended by Stats. 1897, p. 347 (q. v., ante. Legislation § 628), the subject-matter remaining a part of § 628 until 1905. 3. Added by Stats. 3905, p. 186, as a new section, and then read: "628a. Every person who, at any time, buys, sells, offers for sale, takes, catches, kills, or has in his possession, any striped bass of less than three pounds in weight, is guilty of a misdemeanor." 4. Amended by Stats. 1907, p. 302, to read: "628a. Every person v/ho, at any time, buys, sells, offers for sale, or takes, catches, kills or has in his possession, any striped bass of less than three pounds in weight; or who, at any time, offers for shipment, ships or re- ceives for shipment or transportation from the state of California to any place in any other state, territory or foreign country any striped bass of less than three pounds in weight, caught or taken in the waters of this state, is guilty of a misdemeanor; provided that the possession of such striped bass shall be prima facie evi- dence of the fact that such striped bass were caught or taken in the waters of this state." 5. Amended by Stats. 1909, p. 520, to read: "§ 628a. Every per- son who, at any time, buys, sells, offers for sale, or has in his possession, any striped bass of less than three pounds in weight; or who, between the first day of May and the first day of July of any year, takes, catches, or kills, any striped bass, with a net or soine; or who, between the first day of May and the first day of July of any year has in his possession any striped bass, taken, caught or killed except with hook and line; or who between the first day of May and the first day of July of any year, buys, sells or oft'ers for sale, ships, offers for shipment, or receives for ship- ment or transportation any striped bass; or who, at any time, offers for shipment, ships, or receives for shipment or transporta- tion from the state of California, to any place in any other state, territory, or foreign country any striped bass of less than three pounds in weight, caught or taken in the waters of this state, is guilty of a misdemeanor; provided, that the possession of such striped bass shall be prinm facie evidence of the fact that such striped bass were caught or taken in the waters of this state." 6. Amended by Stats. 1911, p. 372, to read: "§ 628a. Every per- son who, at any time, buys, sells, offers for sale, or has in his possession, any striped bass of less than three pounds in weight; or who, between the first day of May and the first day of July of any year, takes, catches, or kills, any striped bass, with a net or seine, or who, between the first day of May and the first day of July of any year has in his possession any striped bass, taken, caught or killed except with a hook and line; or who between the first day of May and the first day of July of any year, buys, sells or Pen. Code — 21 § 628b PENAL CODE. 322 offers for sale, shijis, offers for sliipinent, or receives for shipment or transportation any striped bass; or who, at any time, offers for ship- ment, siiips, or receives for sliipment or transportation, or transports, from the state of California to any place in any other state, territory, or foreign country any striped bass, caught or taken in the waters of this state, is guilty of a misdemeanor; provided, that the possession of such striped bass shall be prima facie evidence of the fact that such striped liass were caught or taken in the waters of this state. Nothing in this section shall prohibit the United States fish com- mission and the fish and game commission of this state, from ship- ping outside of the state striped bass for purposes of stocking waters witliout tlie state." 7. Amended again by Stats. 1911, p. 562, to read: "§ 628a. Every person who, at any time, buys, sells, offers for sale, or has in hia possession, any striped bass of less than three pounds in weight; or who, between the seventeenth day of September and the twenty- third day of October of any year, takes, catches, or Jvills any striped bass, with a net or seine; or who, between the seventeenth day of September and the twenty-third day of October of any year, has in his possession any striped bass taken, caught or killed except W'ith hook and line; or who between the seventeenth day of September and the twenty-third day of October of any year, buys, sells, or offers for sale, ships, offers for shipment, or receives for shipment or transportation any striped bass; or who, at any time, offers for shipment, ships, or receives for shipment or transporta- tion from the state of California to any place in any other state, territory, or foreign country any striped bass caught or taken in the waters of this state, is guilty of a misdemeanor; provided, that the possession of such striped bass shall be prima facie evidence of the fact that such striped bass were caught or taken in the waters of this state." 8. Amended by Stats. 1915, p. 1820. For original § 628a, added in 1895, see ante. Legislation § 628. § 628b. Protection of perch, sunfish. Bass. Every per- son who, betAveen the first day of December and the thir- tieth day of April inclusive, of the year following takes, catches, kills or has in his possession any Sacramento perch, crappie, bluegill snnfish or green sunfish, or who, in any fish and game district other than districts three and four, be- tween the first dav of December and the thirtieth dav of .\pril, inclusive, of the year following, takes, catches, kills or has in his possession any black bass, or who, in fish and game districts three or four, between the first day of Decem- ber and the first day of March, inclusive, of the year fol- lowing, takes, catches, kills or has in his possession any black bass, or who. except with hook and line and in the manner commonly known as angling, takes, catches or kills any black bass. Sacramento perch, crappie. bluegill sunfish or green sunfish, or who takes, catches, kills or has in his possession more than tAventy-five black bass. Sacramento perch, cranpie. bluegill sunfish or green sunfish during anv one calendar day, or who takes, catches, kills or has in his possession any black bass less than seven inches in length, 323 PROTECTION OF PERCH, SUNFISH, CRAPPIE AND BASS. § 628h or who buys, sells or offers for sale any black bass, Sacra- mento perch, crappie, bluegill sunfish or green sunfish is guilty of a misdemeanor. [Amendment approved 1915 ; Stats. 1915, p. 596.] Legislation § 628b. 1. Added by Stats. 1895, p. 259, as part of § 628; q. v., ante, Legislation § 62Sa. 2. §§ 628 and 628a combined, amended, and added to, forming § 628 as amended by Stats. 1897, p. 347 (q. v., ante. Legislation § 628), the subject-matter remaining a part of § 628 until 1905. 3. Added by Stats. 1905, p. 187, as a new section, and then read: "628b. Every person who, between the first day of January and the first day of June of each year, buys, sells, offers for sale, takes, catches, kills, or has in his jjossession, any black bass; or who, at any time, except with hook and line, takes, catches or kills any black bass, is guilty of a misdemeanor." 4. Amended by Stats. 1907, p. 302, to read: "Every person who, between the first day of January and the first day of June of each year, buys, sells, offers for sale, takes, catches, kills, or has in his possession, any black bass; or who, at any time, except with hook and line, takes, catches, or kills any black bass; or who takes, catches, kills, or has in his possession, more than fifty black bass during any one calendar day, is guilty of a misdemeanor." 5. Amended by Stats. 1913, p. 1008, to read: "Every person who between the first day of January and the first day of June of each year, buys, sells, offers for sale, takes, catches, kills, or Has in his possession any black bass; or who at any time, except with hook and line and in the manner commonly known as angling, takes, catches, kills any black bass; or who takes, catches, kills, or has in his possession more than twenty-five black bass during any one calendar day; or who takes, catches, kills, or has in his possession any black bass of less than seven inches in length is guilty of a misdemeanor; provided, that in game district number 2 every person who between the first day of Ajn-il and the first day of July of each year, buys, sells, offers for sale, takes, catches, kills, or has in his possession any black bass; or who at any time, except with hook and line and in the manner commonly known as angling, takes, catches, kills any black bass; or who takes, catches, kills, or has in his possession more than twenty-five black bass during any one calendar day; or who takes, catches, kills, or has in his possession any black bass of less than seven inches in length is guilty of a misdemeanor; provided, further, that in game district number 3 every person who between the first day of January and the first day of May of each year, buys, sells, offers for sale, takes, catches, kills, or has in his possession any black bass; or who at any time except with hook and line and in the manner commonly known as angling, takes, catches, kills any black bass, Sacramento perch, crappie, blue-gill sunfish or green sunfish; or who takes, catches, kills, or has in his possession more than twenty-five black bass during any one calendar day; or who takes, catches, kills, or has in his possession, any black bass of less than seven inches in length; or who sells or offers for sale any Sacramento perch, crappie, blue-gill sunfish or green sunfish is guilty of a mis- demeanor; provided, further, that in game district number 4 every person who between the thirtieth day of November and the first day of May of each year, buys, sells, offers for sale, takes, catches, kills, or has in his possession any black bass, Sacramento perch, crappie or blue-gill sunfish; or who at any time except with hook § 628c PENAL CODE. 324 and lino siikI in llic m.-niiicr <-()iiiim)iily krKjwn as aiigliiifj, takes, (Mtclu's, kills any black bass, Sacraiiu'iito ])('rcli, crapiiie or })luo- jjill suiifisli; or who takes, catclics, kills, or has in his possession more than twenty-five black bass, Saorninento pereli, erappie or blue-gill sunfish during any one calendar day; or who takes, catches, kills, or has in his possession, any black bass of less than seven inches in length is guilty of a niisiloineanor." 6. Amended by Stnts. 1915, p.' Zm. § 628c. Young- fish of any species. Fish in pond or reservoir belonging- to state. Penalty. Every ])ei'.son who, by soiiio oi- otlioi- means, eatclies tlic young fish of any species and does not immediately return the same to the water alive, or Avho buys, sells or offers for sale, or has in his possession, any such fish, whether fresh or dried; or who catches, takes, kills, or carries away any fish from any pond or reservoir l)olonging to, or controlled ])y, the board of fish commissioners, or any person or corporation, without the consent of the owners thereof, which pond or reservoir has been stocked with fish ; or who, except Avith hook and line, takes, catches, or kills any kind of fish in any river or stream upon w^hich a fish-hatchery is maintained, is guilty of a misdemeanor. Nothing in this section, or elsewhere in this code contained, shall prohil)it the United States fish com- mission and the fish commission of this state, from taking at all times such fish as they may deem necessary for scientific purposes or for purposes of propagation. Legislation § 628c. Added by Stats. 1905, p. 187. § 628d. Fine or imprisonment. Disposition of fines. Every person found guilty of a violation of any of the pro- visions of sections six hundred and twenty-eight, six hun- dred and twenty-eight a, six hundred and twenty-eight b, and six; hundred and tAventy-eight c, shall be punished by a fine of not less than twenty dollars nor more than five hundred Hollars, or by imprisonment in the county jail, in the county in wiiich the conviction is had, not less than twenty nor more than one hundred and fifty days, or by both such fine and imprisonment. All fines collected for any violation of any of the provisions of said sections must be paid into the state treasury to the credit of the "fish commission fund." Legislation § 628d. Added by Ptats. 1905, p. LS7. § 628e. Protection of whiting-. Barracuda. Every per- son who in fish and game district number nineteen at any time except with hook and line, takes, catches or kills any California w^hiting (Menticirrhus undulatus) also known as surf fish, or any yellow-fin or any spot-fin croaker; every person who^ at any time Avithin the period of five years, 325 PISMO CLAMS. COCKLES. RAZOR CLAMS. CRABS. § 628f buys, sells, offers, or exposes for sale any Calif oraia whit- ing (Meiiticirrlius iindulatus), also known as surf lish, or any yellow-fin or any spot-fin croaker; every person who, at any time, buys, sells, offei's or exposes for sale any southern, bastard or chicken halibut (Paralichthys calif ornicus) of less than four pounds in weight, or any barracuda less than eighteen inches in length, or albicore weighing less than six pounds, is guilty of a misdemeanor. And all fines collected for any violation of any of the provisions of this section shall be paid into the state treasury to the credit of the "fish com- mission fund." [Amendment approved 1915 ; Stats. 1915, p. 730.] Legislation § 628e. 1. Added by Stats. 1909, p. 413, and then read: "Every iiersou who at any time, except with hook and line, takes, catches or kills any California whiting (Menticirrhus undulatus) also known as surf -fish, or any yellow-fin or any spot-fin croaker, is guilty of a misdemeanor. And all fines collected for any violation of any of the provisions of this section shall be paid into the state treasury to the credit of the 'fish commission fund.' " 2. Amended by Stats. 1915, p. 730. § 628f, Pismo clams. Cockles. Razor clams. Crabs. Fish defined. Every person who gathers or takes in any manner or has in his possession any clam known as the pismo clam (Tivela stultorum) which shall measure less than twelve inches around the outer edge of the shell, or who, during any one calendar day, takes, gathers in any manner or has in his possession more than fifty of said clams is guilty of a misdemeanor. Sec. 2. Every person who takes, gathers in any manner or has in his possession, or who ships, offers for shipment, sells or offers for sale any cockles or short-neck clams (Tapes staminea) measuring less than one and one-half inches in the greatest length, exclusive of the curve, is guilty of a mis- demeanor. Sec. 3. Every person wdio takes, catches or gathers in any manner any razor clam (Siliqua patula), except during a period of forty-eight hours beginning at the first low tide after the first high tide (large w^ater) of the full moon of each month and for a period of forty-eight hours beginning at the first mean low tide after the first high tide (large water) of the new moon of each month, or who takes, catches or gathers in any way more than fifty of said razor clams (Siliqua patula) during any one calendar day is guilty of a misdemeanor. Sec. 4. Every person who ships or offers for shipment or receives for shipment or transportation any species of clam taken in fish and game districts five, six, seven, eight, and § 62Sll PENAL COOK. 32C nine is guilty of a misdemeanor, or any person who offers for shipment or receives for shipment or transportation any species of crab taken in fish and game districts eight and nine is guilty of a misdemeanor. Sec. 5. Where the word "fish" is used in this chapter, it shall also include all crustaceans and mollusks. [Amend- ment approved 1915; Stats. 1915, p. 112.] Legislation § 628f. 1. Added by Stats. 1911, p. 915, and then read: "Every jier.son who takes, gathers, catflies or has in his j>ossession any elam, known as the Pismo elam (Tivela stultorum) which shall measure less than thirteen inches around the outer edge of the shell, or who during any one calendar day takes, gathers, catches, or has in his possession more than two liundred of saiil clams shall be guilty of a misdemeanor." 2. Amended by Stats. 1915, ].. 112. § 628g-. Shipping- abalone meat prohibited. Penalty. [Repealed 1915; Stats. 1915, p. 1435.] Another § 628g was passed at the same session as follows: Legislation § 628g. 1. Added by Stats. 1913, p. 085. 2. Eepealed by Stats. 1915, p. 1435. § 628g'. Salt-water perch. Every person who, between the first day of JMay and the fifteenth day of July of any year, buys, sells, offers for sale, ships or offers or receives for shipment, any variety of salt-water perch (embio- tocidae), is guilty of a misdemeanor. Another § 62Sg was passed at the same session. See prior sec- tion. Legislation § 628g. Added by Stats. 1913, p. 9Sfi. § 628h. Permission to plant fish and fish eg'g's. Every person who places, plants, or causes to be placed or planted, in any of the waters of this state, any live fish or the eggs of any fish, any shellfish, crustacean or mol- lusk (except oysters), or any other fresh or salt water animal, whether taken without or within the state without first hav- ing submitted the same for inspection to and securing written permission from the board of fish and game com- missioners, is guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than one hundred dol- lars, nor more than five hundred dollars, or by imprisonment in the county jail of the county in which the conviction shall be had. not less than fifty days, nor more than six months, or by both such fine and imprisonment ; and all fines and for- feitures imposed or collected for violation of the provisions of this section must be paid into the state treasury, to the credit of the fish and game preservation fund. Legislation § 62811. Added by Stats. 1915, p. 1430. 327 CHINESE SHRIMP NETS. SCREENS OVER DITCH INLETS. § 629 § 628i. Use of Chinese shrimp nets. Every person who shall cast, extend, nse or continne, or who shall assist in east- -ing, extending^, using or continuing any "Chinese shrimp or bag net," or a net of similar character, for the catching of any fish, shellfish, shrimp or crabs in the waters of this state shall be guilty of a misdemeanor ; provided, that it shall be lawful to use "Chinese shrimp or bag nets" in the Avaters of fish and game district number thirteen for the taking of shrimp ; and be it provided, further, that any fish, shellfish, or any shrimp unsuitable for sale as fresh shrimp, shall be re- turned to the water alive. Legislation § 628i. Added by Stats. 1915, p. .57. § 629. Fish screens over ditch inlets. Investigation as to necessity of screens. Taking- of evidence. Witness fees. Attendance of witnesses. Deposition of witnesses. Penalty for refusing to maintain screen. Any person, company, or corporation, owning in whole or in part, or leasing, operating, or having in charge, any mill race, irrigating ditch, pipe, flume, or canal, taking or receiving its waters from any river, creek, stream, or lake, in which fish have been placed, or may exist, shall put, or cause to be placed and maintained, at such point on said mill race, irrigating ditch, pipe, flume, or canal, as the state board of fish commissioners shall direct, a screen of such construction, fineness, strength and quality, as will prevent fish from passing through such mill race, irrigating ditch, pipe, flume, or canal, and away from the river, creek, stream, or lake, from which said mill race, irrigating ditch, pipe, flume, or canal conducts the waters. After making any order to place and maintain such screen the state board of fish com- missioners shall when requested by the owners or parties in charge fix a time and place in the county in which the intake of such mill race, irrigating ditch, pipe, flume, or canal, is situated, for the taking of evidence upon the ques- tion of the necessity of placing and maintaining such screen, and cause notices in writing of such time and place to be served upon the owners or persons in charge of such pipe, flume, ditch, canal, or mill race, at least ten days beforg the day set for the hearing, and at such time and place testi- mony under oath shall be taken both on the part of the state board of fish commissioners, and the owners or persons in charge of such pipe, flume, ditch, canal, or mill race, if such owner or persoij in charge appear and offer evidence, and thereupon the state board of fish commissioners from the evidence offered shall determine whether or not the necessity for the placing and maintaining of a screen on such pipe, flume, ditch, canal, or mill race is shown, and if § 82!) I'ENAL CODE. 328 shown to be required and necessary, said state board of fish commissioners may direct and order the placing and main- taining on such pipe, tlume, ditch, canal, or mill race, of a screen of such construction and fineness, strength and qual- ity, as will prevent fish from passing through such mill race, irrigating ditch, pipe, flume, or canal, and away from the river, creek, stream, or lake, from wiiich said mill race, irrigatijig ditch, pipe, fiume, or canal, conducts the waters, such order to also fix the point where the screen is to be placed and maintained, and a certified copy of such order to be served upon the owners or parties in charge of such mill race, irrigating ditch, pipe, fiume, or canal. The evi- dence in any investigation, in(juiry or hearing, pi'ovidcd by this section, may be taken by any of the mcnilicrs of the board of fish and game commissioners, or such deputy fish and game commissioner, or employee, as the board may desig- nate to take such evidence, and each member of the board and any of its deputies or employees designated to take evi- dence at the hearing provided hereby shall have the power to administer oaths, take affidavits and issue sulipoenas for the attendance of witnesses at such hearings. Each witness, legally subpoenaed, attending at a hearing, shall receive for his attendance the same fees and mileage allowed by law to a witness in civil cases, which amount shall be paid by the party at whose request such witness is subpoenaed. The superior court in and for the county, or city and county, in which any inquiry, investigation, hearing or proceeding may be held under authority of this section shall have the power to compel the attendance of witnesses, the giving of testi- mony and the production of papers, as required by any subpoena issued under authority of this section. The com- mission or representative of the commission before whom the testimony is to be given or produced, in case of the re- fusal of any witness to attend or testify or produce any papers required by such subpoena, may report to the su- perior court in and for the county, or city and county, in which the proceeding is pending, by petition, setting forth that, due notice has been given of the time and place of at- tendance of said witness, or the production of said papers, and that the witness has been summoned in the manner prescribed in this act, and that the witness has failed and refused to attend or produce the papers required by the sub- poena, before the commission or its representative, in the cause or proceeding named in the notice and subpoena, or has refused to answer questions propounded to him in the course of such proceeding, and ask an order of said court, compelling the witness to attend and testify or produce said 329 CHINESE SHRIMP NETS. SCREENS OVER DITCH INLETS. § 629 papers l)efoi"c the commi.ssion or its representative. The court, upon the petition of the commission or its representative, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than ten days from the date of the order, and then and there show cause why he has not attended and testified or produced said papers before the commission or its representative. A copy of said order shall be served upon said witness. If it shall appear to the court that said subpoena was regularly issued by the com- mission or its representative, the court shall thereupon enter an order that said witness appear before the commission or its representative at the time and place fixed in said order, and testify or produce the required papers, and upon failure to obey said order, said witness shall be dealt with as for contempt of court. The commission or its representative or any party may, in any investigation or hearing before the commission or its representative, cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the superior courts of this state and to that end may compel the attendance of witnesses and the production of documents and papers. Any person, company, or corpo- ration, neglecting or refusing to put up or maintain the screen ordered by the state board of fish commissioners, after i+s order shall have become final, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty dollars, or imprisonment in the county jail of the county in which the conviction shall be had of not less than ten days, or by both such fine and imprisonment, any fines collected over and above the costs of the proceedings, to be paid into the state treasury to the credit of the "fish commission fund" ; and provided, that the continuance from day to day of the neglect or refusal to in- stall and maintain such screen after the same is finally ordered shall constitute a separate offense for each day. [Amendment approved 1915; Stats. 1915, p. 696.] Legislation § 629. 1. Added by Stats. 1895, p. 259, and then read: "Any person or persons, corporation or corporations, owning, in whole or in part, or leasing, operating, or having in charge, any mill race, irrigating ditch, or canal, taking or receiving its waters from any river, creek, stream, or lake in which fish have been placed or may exist, shall put, or cause to be placed and maintain over the inlet of said ditch, canal, or mill race, a wire screen of such construction and fineness, strength and quality, as shall pre- vent any such fish from entering such ditch, canal, or mill race, when required to do so by the fish commissioners. Any person or corporation violating the provisions of this_ section, or who shall neglect or refuse to put u[) or inaiiitaiii such screen, shall be guilty § G30 PKNAL CODE. 330 of a misdemeanor, and upon conviction thereof shall be punishcil by a fine of not less than ten dollars nor more than one hundred dollars, and may be imprisoned at the rate of two dollars per day until such fine be paid or satisfied; provided, that the con- tinuance from day to day of the neglect or refusal, after notifica- tion in writing by the fish commissioners, shall constitute a sepa- rate offense." 2. Amendment by Stats. 1901, p. 176; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1903, p. 24, the section then reading as when added in 1895, down to the words "or mill race" in the second instance, the section thereafter proceeding, "a screen of such con- struction and fineness, strength, and quality as shall prevent any such fish from entering such ditch, canal, or mill race, when re- quired to do so by the state board of fish commissioners, and any person or cori)oratiou violating any of the provisions of this sec- tion, or who shall neglect or refuse to put up or maintain such screen, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than twenty dollars or imprisoned in the county jail of the county in which the con- viction shall be had not less than ten da3's, or by both such fine ?nd imprisonment; and all fines imposed and collected for viola- tion of any of the provisions of this section shall be paid into the state treasury to the credit of the 'fish commission fund,' " the proviso reading as when enacted in 1895. 4. Amended by Stats. 1905, p. 187, to read: "Any person, company, or corporation, owning, in whole or in part, or leasing, operating, or having in charge any mill-race, irri- gating ditch, pipe, flume, or canal, taking or receiving its waters from any river, creek, stream, or lake in which fish have been placed, or may exist, shall put, or cause to be placed and main- tained, over the inlet of such pipe, flume, ditch, canal, or mill-race, a screen of such construction and fineness, strength, and quality as shall prevent any such fish from entering such ditch, pipe, flume, canal, or mill-race, when required to do so by the state board of fish commissioners. Any person, company, or corporation violating any of the provisions of this section, or who shall neglect or refuse to put up or maintain such screen, shall be guilty of a misde- meanor, and, upon conviction thereof, shall be punished by a fine of not less than twenty dollars or imprisoned in the county jail of the county in which the conviction shall be had not less than ten days, or by both such fine and imprisonment; and all fines imposed and collected for violation of any of the provisions of this section shall be paid into the state treasury to the credit of the 'fish commission fund'; provided, that the continuance from day to day of the neglect or refusal, after notification in writing by the state board of fish commissioners, shall constitute a separate offense for each day." 5. Amended by Stats. 1915, p. 696. The original section 629 entitled "Having game in possession during the time that killing thereof is prohibited" was repealed in 1883, Stats. 1883, p. 82. § 630. Fish business without license misdemeanor. Every person who carries on the business of purchasing?, selling, and dealing in fish or in wild game or wild animals by whole- sale in this state, except by authority of a license is guilty of a misdemeanor. 331 REPORTS OF WHOLESALE FISH DEALERS. § 630b Legislation § 630. Added by Stats. 1911, p. 902. The original statute related to the prohibition of the use of phosphorus in cer- tain counties. It was enacted Feb.' 14, 1872 and was based on the statutes of 1863, p. 185, §§ 1, 2. It was repealed by Stats. 1897, p. 348. § 630a. Reports of wholesale fish dealers. Penalty. All persons, firms, corporations, wholesale dealers, com- mission dealers or retail dealers who purchase or receive from fishermen or hunters or takers any fish, game, mol- lusks or crustaceans for the purpose of re-selling or deal- ing with the trade ; and all persons, firms, corporations, wholesale dealers, commission dealers or retail dealers en- gaged in the wholesale, commission or retail business, who catch, take or kill their own fish, game, mollusks or crusta- ceans, shall render to the fish and game commission of the State of California on or before the tenth day of each month, on blanks to be furnished by said fish and game commission, a true and correct statement showing the amount of each species of fish and game, including mollusks and crustaceans, stated separately, so purchased or taken during the previous month, together wdth the name and address of the person or persons from whom the said fish, game, mollusks or crus- taceans were received. For the purpose of this chapter, a wholesale dealer is a person or firm who deals in fish or game with the trade. Every person who violates any of the provisions of this section is guilty of a misdemeanor; and all fines and forfeitures imposed and collected for violation of any of the provisions of this section shall be paid into the state treasury, to the credit of the fish and game preserva- tion fund. [Amendment approved 1915 ; Stats. 1915, p. 604,] Legislation § 630a. 1. Added by Stats. 1911, p. 902, and then read: "Every wholesale dealer in fish or in wild game or wild animals who buys or deals in the fish or in the wild game or animals of this state for profit, shall upon receipt or purchase of any fish or of any wild game or wild animals in this state, enter at the time of the transaction, in a register kept by him for that purpose, in the English language, the date, the kind and weight of fish so received or bought, and the date, the kind and number of wild game or animals so received, or bought, and the name and the residence of the person or persons from whom the same was received, or purchased. Every person who violates any of the pro- visions of this section is guilty of a misdemeanor." 2. Amended by Stats. 1915, p. 604. § 630b. Failure to produce register misdemeanor. Every wholesale dealer for profit in any of the fish or wild game or animals of this state who fails, refuses, or neglects to produce for inspection his register to any fish and game commissioner of this state, or any duly appointed, qualified, and acting assistant thereof, is guilty of a misdenieanoi-. Legislation § 6301J. Added by Stats. 1911, p. 902. § G31 PENAL CODE. 332 § 631. Net, pound, cage, trap, etc., not to be used. Every person wlio takes, kills, or destroys by use of any net, i)ound, 'cage, trap, set line or wire, or l)y the use of any poisonous substance, any of the birds or animals mentioned in this chapter, or who transports, buys, sells, or gives away, offers or exposes for sale, or has in his possession, any of the said birds or animals that have been taken, killed, or captured by the use of any net, pound, cage, trap, set line or wire, or by the use of any poisonous sul)stance, Avhether taken in the state of California, or shipped into the state f)-om any other state, territory or foreign country, is guilty of a mis- demeanor; provided, that the same may be taken for the purpose of propagation, or for scientific purposes, written permission having first been obtained from the state board of fish eonnnissioners. Proof of possession of any such birds or animals which do not show evidence of having been taken by means other than a net, pouud, cage, trap, set line or wire, or by the use of any poisonous substance, is prima facie evidence in any prosecution for violation of the pro- visions of this section, that the person in whose possession such birds or animals are found, took, killed, or destroyed the same by means of a net, pound, cage, trap, set line or wire, or by the use of poisonous substance. [Amendment approved 1905; Stats. 1905, p. 257.] Legislation § 631. 1. Added by Code Amdts. 1880, p. 42, as an amendment of the original code § 631 (which was entitled "Taking trout, when prohibited"; q. v., post, Legislation § 632; but see post, Legislation § 633, ou the subject of nets, etc.), and then read: "631. Any person or persons who shall, at any time, net, pound, weir, cage, or trap any quail, partridge, or grouse, or who shall take from any net, pound, weir, cage, or trap, any quail, partridge, or grouse, and retain in his possession, or sell, or give away the same, is guilty of a misdemeanor." 2. Amended by Stats. 1881, p. 73, to read: "631. Any person or persons who shall at any time net, pound, weir, cage, or trap any quail, partridge, or grouse, and any person or persons who shall sell, or give awa.y, or shall have in his or her possession any quail, partridge, or grouse, that have been snared, captured, or taken in or by means of any net, pound, weir, cage, or trap, is guilty of a misdemeanor." 3. Amended by Stats. 1883, p. 81, to read: "631. Every person who shall at any time net, pound, weir, cage, or trap any quail, partridge, or grouse, and every person who shall sell, buy, trans- port, or give away, or offer or expose for sale, or have in his possession any quail, partridge, or grouse that have been snared, captured, or taken in or by means of any net, pound, weir, cage, or trap, is guilty of a misdemeanor. Proof of possession of any quail, partridge, or grouse which shall not show evidence of having been taken by means other than a net, pouud, weir, cage, or trap, shall be jirima facie evidence in any prosecution for a \iolation of the ])rovisions of this section, that the person in whose possession 333 PENALTY FOR VIOLATION OF GAME LAWS. § 631a such quail, partridge, or grouso is found, took, killed, or destroyed the same by means of a net, pound, weir, cage, or trap." •±. Amended by Stats. 1887, p. 237, to read: "631. Every person who shall at any time net or pound any quail, partridge, or grouse, and every person who shall sell, buy, transport, or give away, or offer or expose for sale, or have in his possession, any quail, part- ridge, or grouse that have been snared, captured, or taken in or by means of any net or pound, is guilty of a misdemeanor. Proof of possession of any quail, partridge, or grouse, which shall not show evidence of having been taken by means other than a net or pound, shall be prima facie evidence in any prosecution for a vio- lation' of the provisions of this section that the person in whose possession such quail, partridge, or grouse is found, took, killed, or destroyed the same by means of a net or pound." 5. Amended by Stats. 1895, p. 260 (1) changing the first sen- tence to read: "631. Every person who shall, at any time, net or pound, cage or trap, any quail, partridge, or grouse, and every person who shall sell, transport, or give away, or offer or expose for sale, or have in his possession any quail, partridge, or grouse that has been snared, captured, or taken by means of any net or pound, cage or trap, whether taken in the state of California, or shipped into the state from any other state, territory, or foreign country, is guilty of a misdemeanor; provided, the same may be taken for the purposes of propagation, written permission having been first obtained from the game-warden of the county wherein said birds are to be taken"; (2) in second sentence, omitting the article "a" before "violation," and before "net or pound" at end of section. 6. Amended by Stats. 1901, p. 822, to read: "631. Every person who takes, kills, or destroys, by the use of any net, pound, cage, trap, set line or wire, any quail, partridge, grouse, wild duck, curlew, or ibis, or who transports, buj's, sells or gives away, offers or exposes for sale, or has in his possession, any of the said birds that have been taken, killed, or captured by the use of any net, pound, cage, trap, set line or wire, whether taken, in the state of California, or shipped into the state from any other state, terri- tory, or foreign country, is guilty of a misdemeanor; provided, that the same may be taken for purposes of propagation or for scientific l^urposes, written permission having been first obtained from the game commissioner or the state board of fish commissioners." 7. Amended by Stats. 1905, p. 257. For original code § 631, see infra, Legislation § 632. § 631a. Penalty for violation. Every person found guilty of a violation of any of the provisions of sections six hun- dred and twenty-six, six hundred and twenty-six a, six hundred and twenty-six b, six hundred and twenty-six c, six hundred and twenty-six d, six hundred and twenty-six f, six hundred and twenty-six g, six hundred and twenty-six h, six hundred and twenty-six i, six hundred and twenty-six j six hundred and twenty-six k, six hundred and twenty-six m, sections six hundred and twenty-seven, six hundred and twenty-seven a, six hundred and tAventy-seven b, and sec- tion six hundred and thirty-one, must be fined in a sum not less than twenty-five dollars nor more than five hundred § 631d PENAL CODE. 334 dollars, or iinprisoniiicnt in tlie county .fail of the county in which tlic conviction shall be had, not less than twenty-five days nor more than one hundred and fifty days, or by both such fine and inipi-isonmoiit. | Aniondniont appi-ovod 1905; Stats. 1905, p. 258.1 Legislation § 631a. 1. Added by Stals. 1901, p. 822. 2. .\iii(Mid('d In- yiats. 1905, p. 258, omitting from the series of sectidii iniiiilnMs "six liundnul and twciity-six e." § 631b. Disposition of money from fines. Game-pres- ervation fund. All fines paid or collected for the violation of any of the provisions of sections six hundred and twenty- six, six liundred and tAvcnty-six a, six hundred and twenty- six b, six hundred and twenty-six c, six hundred and twenty- six d, six liundred and twenty-six e, six hundred and twenty- six f, six hundred and twenty-six g, six liundred and twenty- six h, six hundred and twenty-six i, six liundred and twenty- six j, six hundred and twenty-six 1^, six hundred and twent}"- six m, six hundred and twenty-seven, six hundred and tw'enty-seven a, six hundred and twenty-seven b, and six hundred and tliirty-one, of this cliapter, must be paid by the court in wliich the conviction shall be had into the state treasury to the credit of tlie game-preservation fund, which fund is hereby created, and the moneys in said fund sliall be applied to the payment of claims approved by the game commissioner or the state board of fish commissioners for the expense of protecting, restoring and introducing game into the state and to the payment of the expenses incurred in the prosecution of offenders against the provisions of the above-named sections. Legislation § 631b. Added by Stat.s. 1901, p. 822. § 631c. Penalty for violation. Every person found guilty jof a violation of any of the provisions of sections six hun- dred and twenty-six e must be fined in a sum not less than fifty dollars nor more than five hundred dollars or imprison- ment ill the county jail of the county in which the convic- tion shall be had, not less than fifty days nor more than one hundred and fifty days, or by both such fine or [and] imprisonment. Legislation § 631c. Added by Stats. 1905, p. 258. § 631d. License to raise elk, deer, etc., as a business. Fee. 1. Any person desiring to engage in the business of raising and selling domesticated American elk (alces mach- lis). mule deer (capreolus macrotes), black-tailed deer (ca- preolus columbianus), white-tailed deer (capreolus leucurus), European red deer (cervus elaphus), fallow deer (cervus 335 LICENSE TO RAISE GAME AS BUSINESS. § 631cl dama), Hawaiian or common Indian deer (cervulus mimtjac) roebuck (capreolus caprea), pheasants (phasianus linna- eus), partridge (phasianidae), bob-white quail (ortyx vir- ginianus), California valley and mountain quail (laportyx calif ornieus), wild duck (anatidae) of any variety, or any of them, in a wholly inclosed preserve or entire island of which he is the owner or lessee, may make application in writing to the state board of fish and game commissioners for a license so to do. The said board of fish and game commissioners, when it shall appear that said application is made in good faith, shall upon the payment of a fee of twenty-five dollars, issue to such applicant a breeder's li- cense permitting such applicant to breed and raise domesti- cated American elk, mule deer, black-tailed deer, white- tailed deer, European red deer, fallow deer, Hawaiian or common Indian deer, roebuck, pheasants, partridges, bob- white quail, California quail, wild ducks, or any of them as hereto designated on such preserve or entire island and to sell the same alive or at any time for breeding and stock- ing purposes and to kill and transport the same and sell the carcasses thereof for food as hereinafter provided. Such license shall expire on the last day of December in each year at midnight. 2. Manner of and open season for killing*. Any person to whom such a license shall have been issued may kill such elk, deer, pheasants, partridges, quail or ducks in the man- ner and at the times herein set forth, as follows : deer may be killed by shooting or otherAvise between the fifteenth day of August and the first day of November, both inclu- sive. Pheasants or partridges may be killed otherwise than by shooting between the first day of October and the thirty-first day of December, both inclusive. Bob-Avhite and California quail ma}^ be killed otherAvise than by shoot- ing betAveen the first day of August and the first day of February, both inclusiA^e. Wild ducks may be killed other- wise than by shooting betAveen the fifteenth day of October and the first day of March, both inclusive. Any person may possess or sell such deer, pheasants, partridges, quail or Avild duck for food, as herein set forth. A breeder of pheasants or partridges, under a license as hercAvith provided may, during the month of February, kill by shooting his surplus cock pheasants or cock partridges, proAdded he shall first obtain from the state board of fish and game commissioners a permit so to do. 3. Tagging'. No deer, pheasants, partridges, quail or Avild ducks, killed as aforesaid and intended for sale, shall be shipped, transported, sold or offered for sale, unless each i^ (iiJld I'KNAI. CODE. 3150 quarter and oacli loin oi' each carcass oi' each deer and eacli pheasant, partridge, (piail or duck shall have been tagged under the supervision of the state board oi" fish and game commissioners Avith a tag or seal which shall be supplied by the said commissioners. The quarters and loins ol: the carcass oi" such deer and the carcasses of such pheasants, partridges, quail or ducks, when tagged as aforesaid, may be possessed, sold or offered for sale between the dates here- inbefore mentioned as the dates between which they may be killed. Every game protector or person designated by whom such deer, pheasants, partridges, quail or ducks shall have been tagged, shall within five days thereafter, make and file with the state board of fish and game commissioners a written report thereof, which shall contain a statement of the name of the person by whom such deer, pheasants, partridges, quail or ducks were bred or raised and killed; the number of such deer, pheasants, partridges, quail or ducks, so killed, and the name of the person or persons to whom such deer, pheasants, partridges, quail or ducks were sold or to whom they were transported. 4. Transportation. Common carriers may receive and transport during the open season therefor, carcasses, or parts thereof of said deer, pheasants, partridges, quail or ducks tagged as aforesaid but to every package containing such carcasses or parts thereof shall be affixed a tag or label, upon which shall be plainly printed or written the name of the person to whom such license was issued, and by whom such deer, pheasants, partridges, quail or ducks w^ere killed, the name or names of the person or persons to whom such deer, pheasants, partridges, quail or ducks are to be transported; the name of the game protector or other person by Avhom such deer, pheasants, partridges, quail or ducks were tagged, the number of carcasses or portions thereof contained therein, and that the deer, pheas- ants, partridges, quail or ducks were killed and tagged in accordance with the provisions of this section. 5. Sale. No person shall sell or offer for sale any venison or birds killed and tagged as aforesaid, without first ob- taining a license so to do from the state board of fish and game commissioners, upon such terms and conditions as the said commissioners may prescribe and any such license may be revoked for sufficient cause at the pleasure of the said commission. The said tags or seals shall remain affixed as aforesaid until the quarters or loins of such deer, or the carcasses of such pheasants, partridges, quail or ducks shall have been wholly consumed, and the sale of a quarter or loin, or any larger portion of such deer, or the carcass 337 LICENSE TO RAISE GAME AS BUSINESS. § 631d of any such pheasant, partridge, quail or duck which shall not at the time have affixed thereto the tag or seal afore- said, shall constitute a violation of this section; provided, however, that the keeper of a hotel, or restaurant, a board- ing-house, or a retail dealer in meat or a club may sell por- tions of a quarter or loin of any such deer, or the carcass of any such pheasants, partridge, quail or duck so tagged or sealed as aforesaid to a patron or customer for actual consumption, and no license shall be required of such per- son or club. 6. Reports. On or before the first day of April of each year every person, to whom a license shall have been issued as aforesaid shall make a report to the state board of fish and game commissioners, covering the period from the first day of August of the preceding year to the first day of March, both inclusive, of the year in which the report is made, Avhich said report shall state the total number of deer, pheasants, partridges, quail or ducks killed, sold or trans- ported, as permitted by the provisions of this section, dur- ing said period. Such reports shall set forth the name of the person to whom such deer, pheasants, partridges, quail or ducks were sold or transported, the name of the game protector or person designated in whose presence such elk, deer, pheasants, partridges, quail or ducks were tagged, and such reports shall be verified by the affidavit of the person to Avhom such license Avas issued or if the license was issued to a corporation, then by the officer thereof. 7. Selling" alive. Any person to whom such license shall have been issued may sell and ship alive within this state such elk, and all common carriers and transportation com- panies may receive and carry wathin the state such live elk as herein set forth, upon such terms and conditions as the said commissioners may prescribe. 8. Trapping- wild game permitted. For the purposes of this act, it shall be lawful for the fish and game commis- sion to trap and take alive any of the birds or animals men- tioned in this act and to dispose of them to any person engaging in the domestication and sale of any of such birds or animals in this state, at a price to be fixed by the fish and game commission ; provided, further, that no birds or animals mentioned in this act shall be sold to any person until such person shall comply watli all the requirements of this act. 9. Disposition of receipts. All moneys received from the sale of any birds or animals, or tags provided for in this act, and all fines and forfeitures imposed and collected for Pen. Code — 22 ^ 632 PENAL CODE. 338 any violation of the jjrovisions of this act shall be paid into the state tr(>usury to tiie credit of the lish and j^ame preservation fund. 10. Deer preserves to be fenced. A preserve used for the breeding- of elk or doer, pursuant to this section, shall be surrounded by a fence of wire or other inat<>rial of a pattern to be approved by the state board of fish and game commis- sioners and of a height of not less than seven feet. 11. Revocation of license. If any person to whom such license sliall have been issued shall be convicted of a viola- tion of the fish and game law, the state board of fish and game commissioners may revoke the license of such person, and thereafter no similar license shall be issued to such person. 12. Fees. The state board of fish and game commis- sioners shall be entitled to receive and collect for each tag or seal affixed to the carcass of any animal or bird, as here- inbefore provided, the sum of three cents. 13. Penalties. Any person who violates or fails to per- form any duty imposed by any of the provisions of this act ^s guilty of a misdemeanor and is liable to a i:)enalty of one hundred dollars and an additional penalty of twenty dol- lars for each quadruped or bird or part of quadruped or bird bought, sold, or offered for sale, taken, possessed, trans- ported or had in possession for transportation in violation thereof. All acts or parts of acts, relating to the possession of game in its wild state, that may be in direct conflict Avith or in opposition to the enforcement and reasonable operation of this act are hereby repealed. Legislation § 631d. Added by Stats. 1913, p. 9S1. § 632. Protection of trout. Every person who, at any time, buys, sells, offers or exposes for sale any trout less than twelve inches in length, or who takes, catche-;, kills or has in his possession during any one calendar day more than fifty trout or ten pounds and one fish or one fish weighing ten pounds and over, or who takes, catches, kills or has in his possession any trout taken except with hook and line and in the manner commonly known as angling is guilty of a mis- demeanor. Any person who, in fish and game districts one, four, five, six, seven, eight, nine, nineteen, twenty-one, twenty- four, twenty-six twenty-eight and twenty-nine between the first day of December and the thirtieth day of April inclusive, of the year following buys, sells, offers for sale, takes, catches, kills or has in his possession any variety of trout or whitefish is guilty of a misdemeanor. Every person who. 339 PROTECTION OF TROUT. • § 632 in fish and game districts two, three, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nine- teen, twenty-five and twenty-seven between the first day of November and the thirtieth day of April, inclusive, of the year following, buys, sells, offers for sale, takes, catches, kills or has in his possession any variety of trout is guilty of a misdemeanor. Every person who, in fish and game district twenty-three, between the first day of November and the thirty-first day of May, inclusive, of the year fol- lowing, takes, catches, kills or has in his possession any variety of trout or whitefish is guilty of a misdemeanor; provided, that it shall be lawful in fish and game district twenty-three to take, ship, buy, sell or offer for sale or have in possession in one calendar day, twenty trout, irre- spective of weight, of the species Salmo my kiss henshawii or Salmo tahoensis (also known as Salmo regalis), both species commonly known as cutthroat, Tahoe trout or black- spotted trout ; and it shall be lawful to have in possession and to sell, twenty such trout in fish and game district one ; provided, further, that it shall be unlawful for any person, between the first day of November and the thirty-first day of July, inclusive, of the year following, to take, catch or kill any trout within five hundred feet of the mouth of any stream flowing into any lake, or to take, catch or kill any trout in any stream flowing into any lake within two miles, extending from its mouth toward its source, in fish and game district twenty-three ; or to buy, sell, offer for sale or have in his possession any trout so taken ; provided, fur- ther, that nothing in this section shall prohibit the taking of trout by means of spear or hook and line, in fish and game district two between the fifteenth day of December and the fourteenth day of February of the year following, both dates inclusive, but not more than two trout, irrespective of weight, may be taken during any one calendar day ; pro- vided, further, that nothing in this section shall prohibit the taking of steelhead trout by means of nets in fish and game districts five, six, seven, eight and nine in such quantities, at such times and in such manner, as is provided for the taking of salmon in those districts ; nor the sale of such trout within the state, when the same shall be offered for sale accv^rding to regulations to be prescribed by the fish and game commission. Any person violating any of the provisions of this section shall be guilty of a misdemeanor. Section six hundred thirty-two and one-half of the Penal Code is hereby repealed. [Amendment approved 1915; Stats. 1915, p. 716.] Legislation § 632. 1. Euaeted February 14, 1872 (based on Stats. 1862, p. 94; Stats. 1S67-G8, p. 460; Stats. 1869-70, p. G63), § 632 PENAL CODE. 340 as§§().'!l (§Gr.2 boing luuclv l<.r;i|) nnil 632, both of thoso original fodo soctioiis llion roas in Icii^lli, is y an iiixnici' in duplii-alc sliowin^ llic name iiml addri'ss of tlic ('on.siyiior ami (•on^ii;n('C' and Ijcarinjf, after iiiK]>ec- tion, such cvidonco of liaviiij; hccii ho caught or taken as shall bo reijuired by llie fish and tianie coininission; and the cost of such inspection and inarkinf> must be jtaid by the j)erson or persons sub- mitting such salmon for inspection and marking. In the construction of this section, limits of tide water in Eel river in Humboldt county shall be deemed to extend from its mouth to the county concrete bridge below Fortuna; and in the Klamath river to a point on the river north of the residence of James Mc- Garvey; and in Smith river in Del Norte county from its mouth to Higgins Ferr}-. Nothing in this section sliall prevent the United States bureau of fisheries or the fish and game commission of tliis state from taking at all times such fish as they deem necessary for the ]iurpose of artificial hatching. Any violation of any of the provisions of this section shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail in the county in which the convic- tion shall be had of not more than six months or by both such fine and imprisonment, and all fines and forfeitures imposed and col- lected for any violation of the provisions of this section shall be paid into the fish and game preservation fund." 14. Amended by Stats. 1915, p. 717. § 6341/2- Fishing' near Santa Catalina limited to hook and line. Every person Avho takes, catches, or kills any fish except with hook and line in the manner commonly known as angling within three miles of shore line of Santa Catalina island, is gnilty of a misdemeanor. Every person fonnd guilty of any of the provisions of this section must be fined not less than twenty dollars nor more than five hundred dollars, or be imprisoned in the county jail of the county in which the conviction shall be had, not less than ten days nor more tlian one hundred and fifty days, or be punished by both such fine and imprisonment ; and all fines or for- feitures imposed and collected for any violation of any of the provisions of this section nuist be paid into the state treasury to the credit of the fish and game preservation fund. Nothing in this section prohibits the United States fish commission and the fish and game commission of this state from taking at all times such fish and in such manner as they deem necessary for purposes of propagation or for scientific purposes. Legislation §6341/0. Added by Stats. 1913, p. XM. § 635. Killing- fish with explosives prohibited. Pollution of waters. Penalty. Every person, firm, association, or corporation who places, or causes to be placed, in any of the waters of this .state, dynamite, gunpowder, or other explosive compound for the purpose of killing or taking fish, or who takes, jjroeures, kills or destroys any fish of 357 KILLING FISH WITH EXPLOSIVES. POLLUTING WATERS. § 635 any kind by means of explosives, ov who has in his possession any fish that have been taken by means of explosives or Avho places, or causes to be placed, or who discharges or de- posits, or Avho causes to be discharged or deposited, or suffers or permits to be discharged or deposited, or to pass, or who places where it can pass, in or into any of the waters of the state any petroleum, acid, coal or oil tar, lamp black, analine, asphalt, bitumen, or residuary product of petro- leum, or carbonaceous material, or substance, or anj' refuse, liquid or solid from any oil refinery, gas house, tannery, dis- tillery, chemical works, mill or factory of any kind, or any sawdust, shaving, slabs, edgings, or any factory refuse, or any lime, any cocculus indicus, or any slag or anj^ other substance or material deleterious to fish or plant life is guilty of a misdemeanor, and is punishable by a fine of not less than two hundred dollars, or by imprisonment in the county jail of the county in which said conviction shall be had, not less than fifty days, nor more than one hundred and fifty days or by both such fine and imprisonment; and all fines and forfeitures imposed or collected for any viola- tion of the provisions of this section shall be paid into the state treasury to the credit of the fish and game preserva- tion fund. [Amendment approved 1915 ; Stats. 1915, p. 598.] Water, pollution of: See ante, § 374. Legislation § 635. 1. Enacted February U, 1872, and then read: "§ 635. Every person who puts into the waters of this state, or who uses any poisons, or explosive substances, for the purpose of taking or destroving fish, is guilty of a misdemeanor." 2. Amended by Code Amdts. 1875-76, p. 1 l.j, to read: "635. Every person who places, or allows to pass into any of the waters of this state, any lime, gas, tar, cocculus indicus, or any other substance deleterious to fish, is guilty of a misdemeanor. And every person who uses any poisonous or explosive substances for the purpose of taking or destroying fish, is guilty of a misdemeanor; provided, that sawdust shall not be deemed a deleterious substance. Any person who shall catch, take, or carry away any trout, or other fish, from any stream, pond, or reservoir, belonging to any person or corpora- tion, without the consent of the owner thereof, which stream, pond, or reservoir has been stocked with fish by hatching therein eggs or spawn, or by placing the same therein, is guilty of a misdemeanor." 3. Amended by Stats. 1889, p. 61, to read: "635. Every person who places or allows to pass into any of the waters of this state any lime, gas-, tar, cocculus indicus, sawdust, or any substance deleteri- ous to fish, is guilty of a misdemeanor. And every person who uses any poisonous or explosive substances for the purpose of taking or destroying fish is guilty of a misdemeanor. Any person who shall catch, take, or carry away any trout or other fish from any stream, pond, or reservoir, belonging to any person or corporation, without the consent of the owner theref, which stream, pond, or reservoir has been stocked with fish by hatching therein eggs or spawn, or by placing the same therein, is guilty of a misdemeanor." 4. § 635 was amended and split into two sections in 1895, — §§ 632a, 635,— § 632a being rfi?>ealed by Stats. 1897, p. 348, and at § 635 PENAL CODE. 358 that session was atraiii combiued^ with § 635. § 632a added as a new section by Stats. ISUo, p. -60, and then read: "632a. Any person wlio shall place, or cause to be placed, in any of the waters of the state, dynamite, gun-i)owder, or otiier explosive comiiouud, for the j)urpose of killing or taking fish, or who shall at any time take, l)rocure, kill, or destroy any fish of any kind by means of explosives, shall be guilty of a iiiisdenieaiior. Kvery jiersou found guilty of a violation of any of the jirovisions of this section shall be fined in a sum not less than one hundred dollars, or be imprisoned in the county jail in the county in which the conviction shall be had not less than one hundred days, or be punished by both such fine and imprisonment." § 635 amended by Stats. 1895, p. 261, to read: "635. Every person who places or allows to pass into any of the waters of this state any lime, gas, tar, cocculus indicus, sawdust, siiavings, slabs, edgings, mill or factory refuse, or any substance deleterious to fish, is guilty of a fnisdemeanor. Every person who shall catch, take, or carry away any trout or other fish from any stream, pond, or reservoir, belonging to any person or corporation, without the consent of the owner thereof, which stream, pond, or res- ervoir has been stocked with fish by hatching therein eggs or spawn, or by placing the same therein, is guilty of a misdemeanor. Any person found guilty of a violation of any of the provisions of this section shall be fined in a sum not less than one hundred dollars, or be imprisoned in the county jail in the county in Avhich the con- viction shall be had not less than fifty days, or be punished by both such fine and imprisonment." 5. § 635 amended by Stats. 1897, p. 349 (being an amendment and combination of § 632a as added and § 635 as amended in 1895, § 632a being repealed by Stats. 1897, p. 348), and then read: "635. Every person who shall place or cause to' be placed in any of the waters of this state, dynamite, gunpowder, or other explosive compound, for the purpose of killing or taking fish, or who shall at any time take, procure, kill, or destroy any fish of any kind by means of ex- plosives; every person who passes or allows to pass, or who places where it can pass, into any of the waters of this state, any lime, gas, tar, cocculus indicus, sawdust, shavings, slabs, edgings, mill or factory refuse, or any substance deleterious to fish, is guilty of a misdemeanor, and is punishable by a fine of not less than two hun- dred and fifty dollars, or imprisonment in the county jail in the county in whicii conviction shall be had, not less than one hundred and fifty days, or by both such fine and imprisonment." 6. Amended by Stats. 1901, p. 55, and then read the same as the amendment of 1903, down to the words "two hundred and fifty dollars," the rest of the section reading, "or by imprisonment in the county jail in the county, not less than one hundred and fifty days, or by both such fine and imprisonment." 7. Amended by Stats. 1903, p. 25, to read: "Every person who pdaees or causes to be placed in any of the waters of this state, dynamite, gunpowder, or other explosive compound, for the purpose of killing or taking fish; or who takes, procures, kills, or destroys any fish of any kind by means of explosives; or who places or allows to pass, or who places where it can pass into any of the waters of this state, any lime, gas, tar, cocculus indicus, slag, saw- dust, shavings, slabs, edgings, mill or factory refuse, or any sub- stance deleterious to fish, is guilty of a misdemeanor, and is pun- ishable by a fine of not less than two hundred and fifty dollars, or by imprisonment in the county jail in the county in which the con- viction is had, not less than one hundred and twenty-five days, or by both such fine and imprisonment; and all fines imposed and collected 359 REGULATING USE OF NETS, LINES AND SEINES. § 636 for any violation of anj^ of the provisions of this section shall be paid into the state treasury to the credit of the 'fish commission fund.' " 8. Amended by Stats. 1915, p. 598. §6351/2- Use of two-mesh fish net a misdemeanor. Every person who at any time shall cast, extend or use any two- mesh or three-mesh net or trammel net for the catching of fish, shrimp or shellfish in the waters of this state is guilty of a misdemeanor ; and all the fines imposed and collected for any violation of any of the provisions of this section shall be paid into the state treasury to the credit of the fish and game preservation fund. Legislation § 6351/2. Added by Stats. 1911, p. 807. § 636. Regulation of use of nets, lines and seines. 1. Every person who shall cast, extend, use or continue, or who shall assist in casting, extending, using or continuing any "Chinese sturgeon lines," set-lines, or lines of a similar character, or any pound, weir, set-net, set-line, trap or any other fixed or permanent contrivance for catching fish, shell- fish or crabs in the waters of this state shall be guilty of a misdemeanor ; except as hereinafter provided. 2. Every person who shall cast, extend, use or continue, or who shall assist in casting, extending, using or continu- ing any tAvo-mesh or three-mesh or trammel net in the waters of the State of California is guilty of a misdemeanor ; provided, that in fish and game districts numbers ten, eighteen and nineteen it shall be lawful to use two-mesh or three-mesh or trammel nets, for the taking of fish only, the meshes of which when drawn closely together and measured inside the knots, shall measure eight inches or more in length, but such net shall not remain in a fixed or set con- dition for a period of time of more than six hours from the time of casting, extending or setting such net, without taking up such net and removing such fish as may have been taken therein; provided, further, that nothing in this section shall prohibit the use of crawfish traps for taking crawfish in fish and game district number nineteen, or of crab nets for taking crabs in fish and game districts num- bers five, six, seven, eight, nine, ten, eleven, twelve, thir- teen, seventeen, eighteen and nineteen. 3. Every person who takes, catches or kills any salmon, shad or striped bass with any seine or net, the cork line of which shall be submerged more than twelve feet below the surface, or with any net, all the meshes of Avhich are not approximately the same size and vary more than one inch, shall be guilty of a misdemeanor. § {)'M) PENAL CODE. 360 4. Every person ■vvlio, at any time shall cast, extcnri, set, draw, use or continue or assist in casting, extending, set- ting, di'flwing, using or continuing any beach seine, except as hereinafter provided is guilty of a misdenioanor ; pro- vided, that nothing in this section shall pi-ohibit the use of l)eaeh seines in fish and game districts numljei's nine, eleven, twelve, twelve a, thirteen and tweiit.y-two ; })rovided, fur- ther, that any person who, in fish and game districts num- bers twelve and twelve a uses any beach seine, the meshes of which when drawn closely together and measured inside the knots, shall measure less than five and one-half inches in length, is guilty of a misdemeanor; provided, further, that nothing in this section shall prohibit the use of beach seines in fish and game district numl)er nineteen, for smell only, between the first day of September and the thirty-first day of January of the year following, both dates inclusive ; provided, further, that every person who, in fish and game district number nineteen, uses any beach seine, the meshes of which, -when drawn closely together and measured inside the knots, shall measure less than one and one-half inches in length, is guilty of a misdemeanor. 5. For the purposes and in the meaning of this section, every net or line shall be considered a set-net or set-line that is made fast to the bank or ground or that shall foul the bank or ground or shall be made fast in any way and shall not be free to drift with the current or tide. 6. Every person who shall cast, extend, use or continue, or who shall assist in casting, extending, using or continu- ing any circle seine, purse seine or lampara net for the pur- pose of catching fish, shellfish, shrimp or crabs in the waters of this state, shall be guilty of a misdemeanor; provided, that in fish and game district number tw^enty-one, it shall be lawful to cast, extend, use or continue a circle seine, or blanket net, the meshes of which when drawn closely to- gether and measured inside the knots, shall measure one inch or less in length for the purpose of taking bait only ; provided, further, that in fish and game district number sixteen, it shall be lawful to cast, extend, use or continue a circle seine, purse seine or lampara net for the purpose of taking squid, anchovies and sardines, only; provided, fur- ther, that in fish and game districts numbers nine, ten, eleven, twelve, thirteen, seventeen, eighteen, nineteen and twenty-two it shall be la\vful to cast, extend, use or continue any circle, seine, purse or lampara net. 7. Every person who, in fish and game districts numbers one, two, three, four, fourteen, twenty, twenty-three, twenty- four, twenty-five, twenty-six, twenty-seven, twenty-eight 361 REGULATING USE OF NETS, LINES AND SEINES. § 636 and twenty-nine, shall cast, extend or use, or who shall as- sist in casting, extending or using any net for the purpose of taking fish, mollusks or crustaceans is guilty of a mis- demeanor. 8. Every person who, in fish and game district number fourteen, takes, catches or kills fish in any manner, is guilty of a misdemeanor. 9. Nothing in this section shall prevent the use of fyke nets, without wings, in fish and game district number twelve, for catfish, carp, pike, hardhead, split-tails and suck- ers between the fifteenth day of August and the fourteenth day of May of the year following, both dates inclusive ; provided, however, that the mesh of said nets shall, when drawn closely together and measured inside the knots, measure not less than two and one-half inches in length, and any catfish taken in these fyke nets which do not comply with the measures required by section six hundred twenty-eight of the Penal Code, shall be immediately re- stored to the water alive, and shall not be retained in live cars or boats. 10. Nothing in this section shall prevent the fish and game commission, or persons authorized by them, from using any net for the purpose of recovering fish from over- flowed areas or land-locked sloughs or ponds where they have been left isolated by receding streams or flood waters. 11. Be it provided, that any net, duly condemned in accordance with the provisions of section six hundred thirty- six a of the Penal Code, shall be destroyed or sold by order of the fish and game commission, and when sold all proceeds collected for the sale of such net or nets shall be paid into the state treasury to the credit of the fish and game pres- ervation fund. 12. Nothing in this section shall prohibit the fish and game commission, or any one authorized by them, or the United States bureau of fisheries, from using such nets or traps or weirs, in the waters of the state, as they deem necessary for the carrying on of scientific inquiry, or for the propagation of fish or any marine animal. Sec. 2. Every person violating any of the provisions of this section shall be guilty of a misdemeanor, and upon con- viction thereof shall be punished by a fine of not less than one hundred dollars, or by imprisonment in the county jail in the county in which conviction shall be had, not less than fifty days, or by both such fine and imprisonment; and all fines or forfeitures imposed and collected for any violation of any of the provisions of this section shall be paid into the state treasury to the credit of the fish and game pres- § 63G PENAL Ct)UE. 3G2 ervation i'liiul. [Aiueiidnioiit approved 1915; Stats. 1915, p. G06.] Legislation § 636. 1. Added by Codv Amdts. 1875-76, p. 11.1, as ail aiiii'iidiiioiit of the original code § G3C, which read: "(j.3G. Cali- fornia Indians, taking fish for thoir own subsistence, arc exempted from the i)enalties ])rescribed in sections 631, 632, 633, and 634." As thus added in 1875-76, p. 115, § 636 read: "Any person who shall set, use, or continue, or who shall as.sist in setting, using, or con- tinuing any pound, weir, set-net, stake-net, trap, or other fixed or permanent contrivance for catching fish in any of the waters of this state, is guilty of a misdemeanor. Any person who shall hereafter close or keep closed, or in condition to catch or ensnare any shrimp, or cause to be closed or kept closed, or in condition to catch or en- snare any shrimp, any jiouud, weir, set-net, stake-net, trap, or other fixed or permanent contrivance for catching tlie same, placed in the waters aforesaid, is guilty of a misdemeanor. Any person who shall draw or sliall assist in setting or drawing any net or seine for the purpose of taking shrimp in any of the waters of this state, at any time between the setting of the sun on the evening of each Saturday and the rising of the sun on the morning of the succeeding Monday, is guilty of a misdemeanor. Any person who shall draw or who shall assist in drawdng any net or seine, for the purpose of taking fish in any of the waters of this state, the meshes of which are less than one and one-half inches in size, is guilty of a misde- meanor, provided, that nets with a mesh of a smaller size may be used in the catching of shrimps. Any person who shall cast, extend, or set any seine or net of any kind, for the catching of fish in any river, stream, or slough of this state, which shall extend more than one third across the width of said* river, stream, or slough, at the time and pjace of such fishing, is guilty of a misdemeanor. Any person who, by seines, or any other means, shall catch any fish so small as to be able to escape through a mesh of one and one-half inches in size, or the young fish of any species, but which, at the time of capture, are too small to be marketable, and who shall not return the same to the water immediately and alive, or who shall sell or offer for sale any such fish, is guilty of a misdemeanor. One third of all penalties received under this section shall be paid to the informer; one third to the district attorney of the county in which the case is prosecuted, and one third to the school fund of said county; provided, that nothing in this section shall be con- strued to affect any special laws now in force in this state for the preservation of fish; provided, that in the waters of Carquinez Straits and Napa River set-nets and stake-nets may be set and used of meshes not less than two and a half inches." 2. Amended by Code Amdts. 1877-78, p. 120, to read: "Every person who shall set, use, or continue, or who shall assist in setting, using, or continuing any pound, weir, set-net, trap, or other fixed or permanent contrivance for catching fish in the waters of any of the rivers, creeks, or sloughs of this state, are guilty of a misde- meanor. Every person who shall draw-, or who shall assist in draw- ing, any net or seine for the purpose of taking fish in any of the waters of this state, the meshes of which are less than one and one-fourth inches in size, is guilty of a misdemeanor; provided, that nets with a mesh of a smaller size may be used in the catching of shrimps. Every person who shall cast, extend, or set any seine or net of any kind, for the catching of fish, in any river, stream, or slough of "this state, which shall extend more than one third across the width of said river, stream, or slough, at the time and place of 363 REGULATING USE OF NETS^ LINES AND SEINES. § 636 such fishing, is guilty of a misdemeanor. Every person who, by seine or any other means, shall catch any fish so small as to be able to escape through a jnesh of one and one-half inches in size, or the young of fish of any species, but which, at the time of capture, are too small to be marketed, and who shall not return the same to the water immediately and alive, or who shall sell, or offer for sale, any such fish, fresh or dried, is guilty of a misdemeanor. Every person convicted of violation of any of the provisions of this chap- ter shall be punished by fine of not less than fifty dollars, and not more than three hundred dollars, or imprisoned in the county jail of the county where the ofi:ense was committed for not less than thirty days nor more than six months, or by both such fine and imprisonment. One half of all moneys collected for fines for viola- tion of the provisions of this chapter shall be paid to informers, and one half thereof to the district attorney of the county in which the action is prosecuted; all other costs shall be a charge against the county in which the action is prosecuted. Nothing in this chapter shall be construed to prohibit the United States f^sh commissioners, or the fish commissioners of the state of California, from taking such fish as they shall deem necessary for the purpose of artificial hatching, nor at any time. All nets, seines, fishing-tackle, boats, or other implements used in catching or taking fish in violation of the provisions of this chapter, shall be forfeited, and may be seized by the peace-officer of the county, or assistant, or person acting under the authority of the fish commissioners, and may be by them de- stroyed, or may be sold at public auction by the party making such seizure, upon notice posted in said county for five daj's. The person making such seizure and sale shall be entitled to retain one half of the proceeds of such sale, and the balance shall be paid into the school fund of the county, in case the seizure and sale is made by a peace-officer thereof, or to the fish commissioners, if made by a person appointed by them; provided, that all nets having meshes of less than one and a half inches in size, when seized under the pro- visions of this section, must be destroyed." 3, Amended by Stats. 1881, p. 12, (1) changing the first part of the section to read: "Every person who shall set, use, or continue, or who shall assist in setting, using, or continuing any pound, weir. set-net, trap, or other fixed or permanent contrivance for catching fish in the waters of this state, is guilty of a misdemeanor. Every person who shall cast, extend, or set any seine, or net of any kind, for the catching of fish in any river, stream, or slough of this state, which shall extend more than one third across the width of said river, stream, or slough, at the time and place of such fishing, is guilty of a misdemeanor.- Every person who, by seine, or any other means, shall catch the young of fish of any species, which at the time of capture are too small to be marketed, and who shall not return the same to the water, immediately and alive, or who shall sell, or offer for sale, any such fish, fresh or dried, is guilty of a misdemeanor"; (2) in sentence beginning "Every person convicted." (a) adding "a" before "violation," and (b) changing "imprisoned" to "imprisonment"; (3) in sentence beginning "One half," changing "shall be a charge" to "shall be charged"; (4) in sentence begin- ning "All nets," (a) omitting "the authority of" after "acting under," and (b) changing "said county" to "such county." 4. Amended by Stats. 1883, p. S2, (1) in first sentence, adding "any" before "other fixed or permanent"; (2) in sentence be- oinnin,iect,- matter of the section from and ineliuling the sentence beginning "All nets" to the end, and adding in lion Ihereof, "It shall not be lawfnl for any person to buy or sell, or offer or expose for sale within this state, any kind of trout (except brooU trout) less than eight inches in length. Any person violating the provisions of this section is guilty of a misdemeanor." 5. Amended by Stats. 1887, p. 237, to read: "Every person who shall set, use, or continue, or who shall assist in setting, using, or continuing any pound, weir, set-net, trap, or any other fixed or per- manent contrivance for catching fish in the waters of this state, is guilty of a misdemeanor. Every person who shall cast, extend, or set any seine, or net of any kind, for the catching of, |fish] in any river, stream, or slough of this state, which shall extend more than one third across the width of said river, stream, or slough, at the time and place of such fishing, is guilty of a misdemeanor. Every person who shall cast, extend, set, use, or continue, or who shall assist in casting, extending, using, or continuing 'Chinese sturgeon-lines,' or 'Chinese shrimp or bag nets,' or lines or nets of similar character, for the catching of fish in the waters of this state, is guilty of a misdemeanor. Every person who, by seine or any other means, shall catch the young fish of any species, and who shall not return the same to the water immediately and alive, or who shall sell, or offer for sale, any such fish, fresh or dried, is guilty of a misdemeanor. Every person convicted of a violation of any of the provisions of this chapter shall be punished by a fine of not less than fifty dollars, or imprisonment in the county jail of the county where the offense was committed, for not less than thirty days nor more than six months, or by both such fine and im- prisonment. One third of all moneys collected for fines for viola- tion of the provisions of this chapter is to be paid,to informer, one third to the district attorney of the county in which the action is prosecuted, and one third to the fish commissioners of the state of California. Nothing in this chapter shall be construed to prohibit the United States fish commissioners or the fish commissioners of the state of California from taking such fish as they shall deem necessary for the purpose of artificial hatchery, nor at any time. It shall not be lawful for any person to buy, or sell, or offer or expose for sale, within this state, any kind of trout (except brook trout) less than eight inches in length. Any person violating any of the provisions of this section is guilty of a misdemeanor. The board of supervisors of the several counties of this state are author- ized by ordinance, duly passed and published, to change the begin- ning or ending of the close season named in section six hundred and twenty-six of this code, so as to make the same conform to the needs of their respective counties, whenever, in their judgment, they deem the same advisable." 6. Amended by Stats. 1893, p. 215, (1) in first sentence begin- ning "Every person who shall cast," after the words "for the catch- ing of," inserting the word "fish," omitted through a typographical or clerical error in the amendment of 1S87; (2) at end of sentence beginning "Every person who, by seine," adding a proviso, and, after this proviso, two new sentences, reading, "provided, that it shall be permissible to use or set any sturgeon-gear which will pro- tect fish by catching sea-lions and other fish-destroying animals; such gear to consist of hooks made from not larger than number three, nor smaller than number five, wire or forged iron, standard measurement. Permission to set or use said hooks shall only be "ranted by the state board of fish commissioners, and 365 REGULATING USE OF NETS, LINES AND SEINES. § 636 upon the payment to them of an annual license of ten dollars. Every person who shall set. use, or cause to be set or used, or assist in the same, except as provided herein, is guilty of a misde- meanor"; (,3) changing the sentence beginning "Every person con- victed" to read, "Every person convicted of a violation of any of the provisions of this chapter shall be punished by a fine of not less than one hundred dollars, and not more than five hundred dol- lars, or imprisonment in the county jail of the county where the offense was committed for not less than sixty days nor more than twelve months, or by both sucli fine and imprisonment"; (4) in sen- tence beginning "One third," adding "the" before "informer"; (o) in sentence beginning "The board of supervisors," changing "beginning or ending" to "beginning and ending." 7. Amended by Stats. 1895, p. 262, (1) adding a new sentence after the first, which read, "Any net shall be considered a set-net when fastened in any way to a fixed or stationary object"; (2) after the first sentence beginning "Every person who shall cast," changing tlie section to read, "Every person who shall cast, extend, set, use, or continue, or who shall assist in casting, extending, using, or continuing 'Chinese shrimp or bag nets,' or nets of similar character, for the catching of fish in the waters of this state, is guilty of a misdemeanor. Every person who shall cast, extend, set, use, or continue, or have in his possession, or who shall assist in casting, extending, using, or continuing 'Chinese sturgeon-lines,' or lines of similar character, is guilty of a misdemeanor. Every person who, by seine or other means, shall catch the young fish of any species, and who shall not return the same to the wate,r immediately and alive, or who shall sell or offer for sale any such fish, fresh or dried, is guilty of a misdemeanor. Any person found guilty of a violation of any of the provisions of this section shall be fined in a sum not less than one hundred dollars, or be impris- oned in the county jail in the county in which the conviction shall be had not less than one hundred days, or be punished by both such fine and imprisonment. Nothing in this chapter shall prohibit the United States fish commissioners, or the fish commissioners of the state, from taking such fish as they deem necessary for tlie purpose of artificial hatching at all times." 8. Amended by Stats. 1897, p. 349, and differed from the amend- ment of 1909, having, (1) in first line, "or set any seine" instead of "or use any seine"; (2) "extend, set, use, or continue," instead of "extend, or use, or continue," in second instance; (3) "net of similar" instead of "net of a similar," in first instance; (4) not having "set- lines" after "Chinese sturgeon-lines" nor after "set-net"; (5) "'fish commissioners' fund'" instead of "'fish commission fund,'" afend of section. 9. Amended by Stats. 1909, p. 521, to read: "Every person who shall cast, extend, or use any seine, or net of any kind, for the catching of any fish in any river, stream or slough of this state, which shall extend more than one-third across the width of said river, stream, or slough at the" time and place of such fishing; every person who shall cast, extend, or use, or continue, or who shall assist in casting, extending, using, or continuing, "Chinese shrimp or bag net," or a net of a similar character, for the catching of fish in the waters of this state; every person who shall cast, extend, set, use, or continue, or have in his possession, or who shall assist in casting, extending, or using "Chinese sturgeon-lines," set-lines, or lines of a similar character; every person who shall set, use or continue, or shall assist in setting, using, or continuing, any pound, weir, set- § 63G PENAL CODE. 36G not, si't-liiic. tian. nr any ollici' fixed or jKM'iiiaiu'iif coiil ri \a iico for ciitt'iiiiiir fisli ill' llic \\a1i'rs of lliis state — and every net sliall lie coiisidiM'ed a set-iiel 1lial is seenred in any way and not free to drift witli the eurreiit or tide— is gviiltj' of a inisdomeanor, and is jHinishable by a fine of not less than one hundred dollars, or V)y imprisonment in the county jail in the county in wliieli the convic- tion shall be had, not less than fifty days, or by both such fine and imprisonment; and all tlio fines imjiosed and collected for any viola- tion of any of the jirovisions of this section shall be i)aid into the fish commission fund." 10. Amended by Stats. 1911, p. 564, to read: "Hvery person who shall east, extend or use, or continue, or who shall assist in casting, extending, using or continuing any "Chinese shrimp or bag net," or a net of a similar character, for the catching of fi.sh, shellfish, shrimp or crabs in the waters of this state; every person who shall cast, extend, set, use, or continue, or have in his possession, or who shall assist in casting, extending or using "Chinese sturgeon-lines," set-lines, or lines of a similar character; every person who shall set, use, or continue, or shall assist in setting, using, or continuing, any pound, weir, set-net, set-line, trap, "Chinese shrimp, or bag net," or any other fixed or permanent contrivance for catching fish, shell- fish, shrimps or crabs in the waters of this state except fyke nets without wings used solely for the purpose of catching cat-fish above tide water between the fifteenth day of July and the fifteenth day of June in the year following — and every net shall be considered a set net that is secured in any way and not free to drift with the cur- rent or tide — is guilty of a misdemeanor, and is punishable by a fine of not less than one hundred dollars, or by imprisonment in the county jail in the county in which the conviction shall be had, not less than fifty days, or by both such fine and imprisonment; and all the fines imposed and collected for any A'iolation of any of the pro- visions of this section shall be paid into the fish and game preser- vation fund." 11. Amended by Stats. 1913, p. 952, to read: "Every person who shall cast, extend, or use, or continue, or who shall assist in casting, extending, using, or continuing, any "Chinese shrimp or bag net," or a net of similar character, for the catching of fish, shellfish, shrimp, or crabs, in the waters of this state ; every person who shall cast, extend, set, use, or continue, or have in his possession, or who shall assist in casting, extending, or using "Chinese sturgeon lines," set-lines, or lines of a similar character; every person who shall set, use, or continue, or shall assist in setting, using, or continuing, any pound, weir, set-net, set-line, trap, "Chinese shrimp or bag net," or any other fixed or permanent contrivance for catching fish, shell- fish, shrimp, or crabs, in the waters of this state, shall be guilty of a misdemeanor; provided, that it shall be lawful to use fyke nets, without wings, for the purpose of catching cat-fish in the San Joaquin river and tributaries between the mouth of said river and the south boundary of San Joaquin county, between the first day of August and the first day of ^June of the year following; and provided, that it shall be lawful to use two-mesh or three-mesh or trammel nets, the meshes of which, when drawn closely together and measured inside the knots, shall measure nine inches or more in length, in the waters of the Pacific Ocean, outside of one mile from the shore line thereof; and provided further, that it shall be lawful to use two- mesh or three-mesh or trammel nets, the meshes of which when drawn closely together and measured inside the knots, shall measure seven and one-half inches or more in length, in the waters of Monterey bay, outside of one mile from the shore line 367 USE OF PARANZELLA OR TRAWL NET. PENALTY. § 6361/2 thereof, ami outside of existing fish and animal reservations and outside of an imaginary line in said bay, drawn from the outer end of the Moss Landing wharf just south of the mouth of Elkhorn slough, northerly and westerly to .Point Santa Cruz; and provided further, that no person shall cast, extend or use any two-mesh or three-mesh or trammel net and permit such net to remain in a fixed or set condition for a period of time of more than six hours from the time of casting, extending or setting such net, without taking up such net and removing any fish that may have been taken therein. For the purposes and in the meaning of this section, every net shall be considered a set-net that is secured in any way and is not free to drift with the current or tide. Any person violating any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be pun- ished by a fine of not less than one hundred dollars, or by impris- onment in the county jail in the county in which conviction shall be had, not less than fifty days, or by both such fine and imprison- ment; and all fines or^ forfeitures imposed and collected for any violation of any of the provisions of this section shall be paid into the state treasury to the credit of the fish and game preservation fund." 12. Amended by Stats. 1915, p. 606. § 636|. Use of paranzella or trawl net. Penalty. Every person who, at any time shall east, extend, set, draw, use or continue or assist in casting, extending, setting, draw- ing, using or continuing any paranzella or trawl net, for catching fish, shellfish, shrimp or crabs in the waters of the State of California or has such nets in possession in fish and game district nineteen, shall be guilty of a misdemeanor, and upon conviction shall be punishable by a fine of not less than three hundred dollars, or by imprisonment in the county jail in the county in which the conviction shall be had, not less than one hundred and fifty days, or by both such fine and imprisonment ; and all fines and forfeitures im- posed and collected for any violation of any of the provi- sions of this section shall be paid into the state treasury to the credit of the fish and game preservation fund. [Amend- ment approved 1915; Stats. 1915, p. 298.] Legislation § 6361/2. 1. Added by Stats. 1913, p. 979, and then read: "Every person who at any time shall cast, extend, set, draw, use, or continue or assist in casting, extending, setting, drawing, using, or continuing any paranzella or trawl net, for catching fish, shell-fish, shrimp, or crabs in the waters of fish and game district 6 or in the waters of Monterey bay shall be guilty of a misdemeanor, and upon conviction shaH be punishable by a fine of not less than two hundred and fifty dollars, or by imprisonment in the county jail in the county in which the conviction shall be had, not less than one hundred and twenty-five days, or by both such fine and imprison- ment; and all the fines and forfeitures imposed and collected for any violation of any of the provisions of this section shall be paid into the state treasury to the credit of the fish and game preserva- tion fund." 2. Amended by Stats. 1915, p. 298. 5? <).'?7 PENAL CODE. 368 § 636a. Nets, seines, etc., prohibited. Any net, seine, drag-net, paranzolla, or set-net used lor taking or catching fish, which sliall be used or maintained in any of the waters of this state in violation of any existing or hereafter en- acted statutes or laws of this state for the protection of fish, is hereby declared to be a public nuisance, and it is the duty of every peace-officer to seize and keep the same and report such seizure to the board 6i fish commissioners of the state. Thereupon said board must connnence proceedings in the superior court of the county or city and county in which the same shall be seized, by filing a petition in said court, asking for a judgment forfeiting such net, seine, drag-net, paranzella, or set-net so seized, and ordering the destruction thereof. Upon the filing of such petition, it is the duty of the clerk of said court to fix a time for the hearing thereof and to cause notices to be posted for the space of fourteen days in at least three public places in the town, city, or city and county, where the court is held, setting forth the substance of such petition and the time and place fixed for its hearing, and if at the time fixed for such hearing, no person appears and claims such net, seine, drag-net, paran- zella, or set-net, the court must proceed to hear and deter- mine said proceeding according to law, and upon proof that the said net, seine, drag-net, paranzella, or set-net was used in violation of law, must order the same to be forfeited and destroyed. Legislation § 636a. Added by Stats. 1901, p. 5G. § 636b. Seining- in Mokelumne river prohibited. Any person who, in the waters of Mokelumne river in the state of California, shall use any weir, dam, net, trap or seine of any description, for the purpose of catching fish or who shall, in these waters, take any fish from any weir, dam, net, trap or seine is guilty of a misdemeanor and is punish- able by a fine of not less than ten dollars nor more than fifty dollars, or shall be imprisoned in the county jail in which the conviction shall be had for not less than five days or more than twenty-fivQ^days or by both such fine and im- prisonment ; and all fines imposed and collected from any violation of any of the provisions of this section shall be paid into the state treasury to the credit of the "fish com- mission fund." Legislation § 636b. Added by Stats. 1911, p. 812. § 637. Fishways provided over or around dams. To be kept free from obstructions. Penalty for violation. Hear- ing on necessity for fishw^ay. Witnesses. Depositions. It 360 PROVIDING P^ISHWAYS OVER OR AROUND DAMS. § 637 shall be the duty of the state board of fish and game commis- sioners to examine, from time to time, all dams and artificial obstructions in all rivers and streams in this state naturally frequented by salmon, shad and other fish; and if, in their opinion, there is not free passage for fish over and around any dam or artificial obstruction, to notify the OAvners or occupants thereof to provide the same, within a specified time, with a durable and efficient fishway, of such form and capacity, and in snch location as shall be determined by the state board of fish and game commissioners, or persons authorized by them, and such fishway must be completed by the owners or occupants of such dam or artificial ob- struction to the satisfaction of said commissioners, within the time specified ; and it shall be incumbent upon the own- ers or occupants of all dams or artificial obstructions, where the state board of fish and game commissioners require such fishways to be provided, to keep the same in repair and open and free from obstructions to the passage of fish at all times ; and no person shall willfully destroy, injure, or obstruct any such fishway, or at any time take or catch any salmon, shad, or other fish or trout, within one hundred and fifty feet of any fishway required by the state board of fish and game commissioners to be provided and kept open ; pro- vided, that the owners or occupants of any dam or artificial obstruction shall allow suf^cient M'ater at all times to pass through such fishway to keep in good condition any fish that may be planted or exist below said dam or obstruction ; provided, further, that during the minimum flow of water in any river or stream permission may be granted by the state board of fish and game commissioners to allow the owners or occupants of any dam or artificial obstruction to allow sufficient water to pass through a culvert, waste gate, or over or around the dam, to keep in good condition any fish that may be planted or exist below said dam or artificial obstruction, when in the judgment of the state board of fish and game commissioners it is impracticable to pass the water through the fishway to the detriment of the owner or occupant thereof; and every person found guilty of a violation of any of the provisions of this act must be fined in a sum not less than one hundred and fifty dollars or imprisonment in the county jail of the county in which the conviction shall be had, not less than one. hundred days, or by both such fine and imprisonment ; and all fines and forfeitures imposed and collected for any violation of this act shall be paid into the state treasury to the credit of the fish and game preservation fund. After making any Pen. Code — 24 § 637 PENAL CODE. 370 order to place and iiiaiiitaiij-sucli la(l(l(>r, the state board of fish and game commissionci-s sliall, wlien ]-ef(uested by tlie owners or parties in cliargc, fix a time and place, in the county in which the dam or artificial obstruction is situated, for the taking of evidence upon the question of the neces- sity of placing and maintaining such ladder, and cause notices in writing of such time and place to be served upon the owners or persons in charge of such dam or artificial obstruction. At least ten days before the day sot for the hearing, and at such time and place, testimony under oath shall be taken, both on the part of the state board of fish commissioners and the owner or person in charge of such dam or artificial obstruction, if such owner or person in charge appears and offers evidence, and thereupon the state board of fish commissioners from the evidence offered shall determine whether or not the necessity for the placing and maintaining a ladder on such dam or artificial obstruction is shown, and if shown to be required and necessary, said state board of fish commissioners may direct and order the placing and maintaining such ladder. Such order to also fix the point where the ladder is to be placed and main- tained, and a certified copy of such order to be served upon the owners or parties in charge of such dam or artificial obstruction. The evidence in any investigation, inquiry or hearing, provided by this section, may be taken by any of the members of the board of fish and game commissioners, or such deputy fish and game commissioner, or employee, as the board may designate to take such evidence, and each member of the board and any of its deputies and employees designated to take evidence at the hearing provided hereby shall have the power to administer oaths, take affidavits and issue subpoenas for the attendance of witnesses at such hearings. Each witness, legally subpoenaed, attending at a hearing, shall receive for his attendance the same fees and mileage allowed by law to a witness in civil cases, which amount shall be paid by the party at whose request such witness is subpoenaed. The superior court in and for the county, or city and county, in which any inquiry, investiga- tion, hearing or proceeding may be held under authority of this section shall have the power to compel the attend- ance of witnesses, the giving of testimony and the produc- tion of papers, as required by any subpoena issued under authority of this section. The commission or represent- ative of the commission before whom the testimony is to be given or produced, in case of the refusal of any witness to attend or testify or produce any papers required by such subpoena, may report to the superior court in and for the 371 PROVIDING FISHWAYS OVER OR AROUND DAMS. § 637 county, or city and county, in -which the proceeding is pending-, by petition, setting forth that due notice has been given of the time and place of attendance of said witnesses, or the production of said papers, and that the -witness has been summoned in the manner prescribed in this act, and that the -^vitncss has failed and refused to attend or pro- duce the papers required by the subpoena, before the com- mission or its representative, in the cause or proceeding named in the notice and subpoena, or has refused to answer questions propounded to him in the course of such proceed- ing, and ask an order of said court, compelling the witness to attend and testify or produce said papers before the commission or its representative. The court, upon the petition of the commission or its reiDresentative, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than ten days from the date of the order, and then and there show cause why he has not at- tended and testified or produced said papers before the commission or its representative. A copy of said ordei' shall be served upon said witness. If it shall appear to the court that said subpoena was regularly issued by the com- mission or its representative, the court shall thereupon enter an order that said witness appear before the commission or its representative at the time and place fixed in said order, and testify or produce the required papers, and upon failure to obey said order, said witness shall be dealt with as for contempt of court. The commission or its representative or any party may, in any investigation or hearing before the commission or its representative, cause the deposition of witnesses residing within or without the state to be taken in the manner pre- scribed by law for like depositions in civil action in the su- perior courts of this state and to that end may compel the attendance of witnesses and the production of documents and papers. [Amendment approved 1915 ; Stats. 1915, p. 820.] Legislation § 637. 1. Enacted February 14, 1872, aud then read: "637. Every owner of a dam or other construction in the waters of this state, who, after being requested by the fish commissioners so to do, fails to construct and keep in repair sufficient fishways or ladders on such dam or obstruction, is guilty of a misdemeanor." 2. Amended by Stats. 1891, p. 93, to read: "Section 1. 637. Every owner of a dam or other obstruction in any running water of this state, who, after being ordered and notified by the fish commission- ers to construct a fish-ladder on or to repair a fish-ladder already constructed on such dam or other obstruction according to the plans of the fish commissioners, fails to construct or repair such fish- ladder, within thirty days after such notice, is guilty of a misde- § 6371/2 PKNAI. CODE. 372 iiic.-iiKir. and iipmi ininii'lion shnll jui}' si (iiic of not less (liaii fifty ilollius nor itioro tliaii two liundrod, or I'.v iinprisonnRMit in the couiify Jail in wliit'h such conviction is had of not less tlian twenty- five days nor more than one hundred days. 2. One half of all moneys collected as fines for violations of the jjrovisions of this act shall be })aid to the informer, one fourth to the district attorney of the county where the conviction is secured, and the remaining one fourth shall be paid to the state board of fish commissioners of this state, to be by them used for the purposes and in conform- ity of 'An Act to authorize tiie state board of fish commissioners to import game-birds into the state for propagation,' approved March sixteenth, eighteen hundred and eighty-nine." 3. Amendment by Stats. 1901, p. 470; unconstitutional. See note, § 5, ante. ■i. Amended by Stats. 1903, p. 2."), that part of the amendment relating to the obstruction or destruction of fishways or fish-ladders being an adoption of the code commissioners' unconstitutional § 637a in 1901. The amendment read: "It shall be the duty of the state board of fish commissioners to examine, from time to time, all dams and artificial obstructions in all rivers and streams in this state naturally frequented by salmon, shad, and other migratory fish; and if, in their opinion, there is not free passage for fish over or around any dam or artificial obstruction, to notify the own- ers or occupants thereof to provide the same, within a specified time, with a durable and eificient fishway, of such form and capa- city, and in such location as shall be determined by the fish com- missioners, or persons authorized by them, and such fishway must be completed by the owners or occupants of such dam or artificial obstruction to the satisfaction of said commissioners, within the time specified; and it shall be incumbent upon the owners or occu- pants of all dams or artificial obstructions, where the state board of fish commissioners require such fishways to be provided, to keep the same in repair aud open and free from obstructions to the passage of fish at all times; and no person shall willfully destroy, injure, or obstruct any such fishway, or at an}' time take or catch any salmon, shad, or other migratory fish or trout, except by hook and line within three hundred feet of any fishway required by the state board of fish commissioners to be provideci and kept open, or at any time take or catch any such fish in any manner within fifty feet of such fishway; and every person violating any of the provi- sions of this act is guilty of a misdemeanor, and every person found guilty of a violation of any of the provisions of this act must be fined in a sum not less than one hundred dollars, or imprisoned in the county jail of the county in which the conviction shall be had not less than fifty days, or by both such fine and imprisonment; and all fines imposed and collected for any violations of the provisions of this act shall be paid into the state treasury to the credit of the 'fish commission fund.' " 5. Amended by Stats. 1915, p. 820. § 637|. Predatory animals. Where the words "preda- tory animals" occur in this chapter, the following animals only shall be considered predatory animals : The order In- sectivora (moles, shrews), the family Canidae (wolves, coyotes, foxes), the family Procyonidae (ringtail cats, coons), the family Mustelidae (martins, fishers, wolverines, weasels, minks, skunks, badgers), the family Felidae 373 PROTECTION OF WILD BIRDS. GAME BIRDS. § 637a (cougars, wild cats), the order Rodentia (rats, mice, gophers), except the families Sciufidae and Petauristidae (tree squirrels, flying squirrels) ; and the following species of birds; blue jays, English or European house-sparrow, great-horned owl, sharp-shinned hawk, Cooper's hawk, duck hawk and house-finch, commonly known as California linnet. Legislation § 6371/2- Added by Stats. 1915, p. 68. §637a. Protection of wild birds. Game-birds enumer- ated. Every person in the state of California who shall at any time kill or catch, or have in his possession, living or dead, any wild bird other than a game-bird, or who shall purchase, offer or expose for sale, transport or ship within or out of the state, any such wild bird after it has been killed or caught, except as permitted by this act, shall be guilty of a misdemeanor. No part of the plumage, skin or body of any bird protected by this section shall be sold or had in possession for sale, irrespective of whether said bird was captured or killed within or without the state. For the purposes of this act the following only shall be con- sidered game-birds: The anatidae commonly known as swans, geese, brant and river and sea ducks ; the Rallidae, commonly known as rails, coots, mud-hens and gallinules ; the Limicolae, commonly known as shore-birds, plover, surf- birds, snipe, sandpipers, tattlers, and curlews ; the Gallinae, commonly know^n as wild turkeys, grouse, prairie-chickens, pheasants, partridges, and quails ; and the species of Colum- bidae, known as wild pigeons and doves. All other species of wild birds either resident or migratory shall be considered non-game birds; provided, that the English or European house-sparrow, the great-horned owl, sharp-shinned hawk, Cooper's hawk, duck-hawk, butcher-bird, blue jay, and house-finch, commonly known as the California linnetj are ■ not included among the birds protected by this act; pro- vided further, that nothing in this section shall prohibit the killing of a meadow-lark, robin, or other Avild bird by the owner or tenant of any premises where such bird is found destroying berries, fruit or crops grooving on such premises, but the birds so killed shall not be shipped or sold ; and nothing in this act shall prevent a citizen of Cali- fornia from taking or keeping any wild non-game bird as a domestic pet if such bird shall not be sold or offered for sale, or transported out of the state, a permit to keep the same having first been obtained from the state board of fish commissioners. [Amendment approved 1909; Stats. 1909, p. 935.] § G37b PENAL CODE. 374 Legislation § 637a. 1. Added by Stats. 1901, p. 573, and read: "Every person who in the state of Calil'ornia shall at any time hunt, shoot, shoot at, pursue, take, lull, or destroy, buy, sell, give away, or have in his jiossession except upon a written permit from the board of fish commissioners of the state of California for the purpose of propagation or for educational or scientific purposes, any meadow-lark or any part of the skin, skins or plumage thereof, or who shall rob the nest or take or destroy the eggs of any meadow-lark, shall be guilty of a misdemeanor; provided, that noth- ing in this section shall prohibit the killing of a meadow-lark by the owner or tenant of any premises where such bird is found destroying berries, fruits, or crojts, growing on such premises." 2. Amended by Stats. 1905, p. 114, to read: "Every person who, in the state of California, shall at any time, hunt, shoot, shoot at, pursue, take, kill, or destroy, buy, sell, give away, or have in his possession, except upon a written permit from the board of fish commissioners of the state of California, for the purpose of propa- gation or for education or scientific purposes, any meadow-lark, or any wild bird, living or dead, or any part of any dead wild bird, or who shall rob the nest, or take, sell or offer for sale or destroy , the eggs of any meadow-lark or of any wild bird, is guilty of a misdemeanor; provided, that nothing in this section shall prohibit the killing of a meadow-lark or other wild bird by the owner or tenant of any premises where such bird is found destroying berries, fruit or crops growing on such premises, but the birds so killed shall not be shipped or sold. T.he English sparrow, sharp-shinned hawk, Cooper's hawk, duck-hawk, great-horned owl, blue jay, house- finch (known also as the California linnet), and all birds otherwise protected by the provisions of this code, and those birds commonly known as game birds, are not included among the birds protected by this section." 3. Amended by Stats. 1907, p. 762, to read: "Every person who, in the state of California, shall at any time, hunt, shoot, shoot at, pursue, take, kill, or destroy, buy, sell, give away, or have in his I possession, except upon a written permit from the board of fish commissioners of the state of California, for the purpose of propaga- tion or for the education or scientific purposes, any meadow-lark, robin, or any wild bird, living or dead, or any part of any dead wild bird, or who shall rob the nest, or take, sell or offer for sale or destroy the eggs of any meadow-lark, robin, or of any wild bird, is guilty of a misdemeanor; provided that nothing in this section shall prohibit the killing of a meadow-lark, robin, or other wild bird by the owner or tenant of any premises where such bird is found destroying berries, fruit or crops growing on such premises, but the birds so killed shall not be shipped or sold. The English sparrow, sharp-shinned hawk. Cooper's hawk, duck-hawk, great- borned owl, blue jay, butcher-bird, house-finch (known also as the California linnet), wild pigeon, all fish-eating birds, except sea-gulls and the blue and white crane or heron, and all birds otherwise pro- tected by the provisions of this code, are not included among the birds protected by this section." 4. Amended by Stats. 1909, p. QS.l. The code commissioners, in 1901, added a section numbered (i37a (as to which, see supra, Legis- lation §637); unconstitutional. See note, § 5, ante. § 637b. Application of prohibition. The provisions of tlis, ehaptoi' prolul)iting any person from having in his pos- session any fish or game or parts thereof at any time, or 375 SEALS. TRANSPORTING NON-GAME BIRDS. § 637e during the seasons herein specified, shall, unless express pro- visions be made herein to the contrary, apply to all such fish or game or parts thereof, whether the said fish or game or the fish or game from which the parts were taken were caught or killed in the state of California, or the said fish or game or parts thereof Avere shipped into this state from any other state, territory or foreign country. Legislation § 637b. Added by Stats, 1907, p. 762. § 637c. Seals in Santa Barbara Channel, protection of. Every person who shoots or otherwise kills, destroys, wounds, maims, takes, captures or cripples, by seines, set- nets, nets, traps, nets or any other kincl of fixed, permanent or loose trap or contrivance, any seal or sea-lion in the waters of the Santa Barbara Channel, or on, near or about any lands adjacent thereto, is guilty of a misdemeanor, and upon conviction thereof is punishable by a fine of not less than one hundred dollars or by imprisonment in the county jail not less than sixty days, or by both such fine and im- prisonment; provided, that the state fish commission may grant permission to any j)erson whom it deems fit, to kill, trap, net, or capture alive, seals or sea-lions for scientific or exhibition purposes, the number allowed to be killed or captured to be specified in said permit. Legislation § 637c. Added by Stats. 1909, p. 326. § 637d. Transportation of non-game birds. Every per- son or corporation acting as a common carrier, its officers, agents or servants, who shall ship, carry, take or transport whether within or beyond the confines of the state any resi- dent or migratory non-game bird, except as permitted by this code, shall be guilty of a misdemeanor. Legislation § 637d. Added by Stats. 1909, p. 936. § 637e. Certificates giving right to take birds. Sections six hundred and thirty-seven a, six hundred and thirty- seven c, and six hundred and thirty-seven d shall not apply to any person holding a certificate giving the right to take birds, their nests or eggs for scientific purposes only, as hereinafter provided. Certificates may be granted by the board of fish commissioners to any properly accredited per- son permitting the holder thereof to collect birds, their nests or eggs for scientific purposes only. All certificates authorized by this act shall expire on the thirty-first day of December of the year issued, and shall not be transfer- able. On proof that the holder of such certificate has killed any bird, or has taken the nest or eggs of any bird for other than strictly scientific purposes his certificate § 638 PENAL COUK. 376 shall become void, the birds, nests or eggs collected under such certificate shall be forfeited, and shall be delivered by the board of fish commissioners to some public museum of natural history in the state, and the holder of the cer- tificate shall be guilty of a misdemeanor. Legislation § 637e. Added by Stats. 1909, p. OlUi. § 637f. Protection of nests. Every person who shall within the state of California take or needlessly destroy, or attempt to take or destroy the nests or eggs of any wild bird protected by this code, or have such nests or eggs in his possession, except as permitted by this code is guilty of a misdemeanor. Legislation § 637f. Added by St:its. 1909, p. SJ3G. CHAPTER II. Other and Miscellaneous Offenses. § 638. Neglect or postponement of telegraphic or telephonic mes- sages. § 639. Employee using information contained in telegraphic or tele- phonic messages. § 640. Fraudulent connection with telegraph, etc., wires. Penalty. § 641. Bribing telegraph or telephone operator. § 642. Collecting tolls, etc., at San Francisco, without authority of harbor commissioners. § 643. Violations of the provisions of the chapter relating to police regulations of San Francisco harbor. § 644. Enticing seamen to desert. [Repealed.] § 645. Harboring deserting seamen. [Repealed.] § 646. Aiding apprentices to run away or harboring them. § 647. Who is a vagrant. Punishment. § 648. Issuing or circulating paper money. § 649. Officers of fire department issuing false certificates of exemp- tion. § 650. Sending letters threatening to expose another. § 650^. Seriously injuring persons or property, etc., a misdemeanor. § 65Ga. Exposure of paroled prisoners prohibited. § 651. Requiring wards or apprentices to work more than eight hours. § 652. Officer or member of national guard failing to attend parade, obey orders, or discharge duty. § 653. Member of national guard failing to attend parade, etc., when notified. § 653i. Appraisers of estates not to accept fee or reward. § 653a. I No section of this number.]. § 653b. Abuse of school teachers. § 653c. Unlawful for»' state officer, agent of the state, contractor, or subcontractor, to permit workmen upon public works to work more than eight hours per day. § 653d. Retaining wages of employee. § 653e. Blackh'sting of former employees prohibited. Penalty. May furnish truthful statement. § 638. Neglect or postponement of telegraphic or tele- phonic messages. Evei-y agent, operatoi", or employee of 377 OFFENSES RELATING TO TELEGRAPHS OR TELEPHONES. § 64:0 any telegraph or telephone olFfice, who willfully refuses or neglects to send any message received at such office for transmission, or willfully postpones the same out of its order, or willfully refuses or neglects to deliver any message re- ceived by telegraph or telephone, is guilty of a misdemeanor- Nothing herein contained must be construed to require any message to be received, transmitted, or delivered, unless the charges thereon have been paid or tendered, nor to require the sending, receiving, or delivery of any message counseling, aiding, abetting, or encouraging treason against the govern- ment of the United States or of this state or other resistance to the lawful authority, or any message calculated to further any fraudulent plan or purpose, or to instigate or encourage the perpetration of any unlawful act, or to facilitate the escape of any criminal or person accused of crime. [Amend- ment approved 1905; Stats. 1905, p. 690.] Carriers of messages: See Civ. Code, §§ 2161, 2162, 2207. Legislation § 638. 1. Enacted J'ehruary 14, 1872; based on Stats. 1862, p. 289, §4. 2. Amendment by Stats. 1901, p. 477; unconstitutiona]. Sec note, § 5, ante. 3. Amended by Stats. 1905, p. 690, (1) in first sentence, adding "or telephone" after "telegraph," in both instances; (2) in second sentence, changing "shall be constrned" to "must be construed." § 639. Employee using' information contained in tele- graphic or telephonic messages. Every agent, operator, or employee of any telegraph or telephone office, who in any way uses or appropriates any information derived by him from any private message passing through his hands, and addressed to any other person, or in any other manner ac- quired by him by reason of his trust as such agent, operator, or employee, or trades or speculates upon any such in- formation so obtained, or in any manner turns, or attempts to turn, the same to his own account, profit, or advantage, is punishable by imprisonment in the state prison not ex- ceeding five years, or by imprisonment in the county jail not exceeding one year, or by fine not exceeding five thou- sand dollars, or by both such fine and imprisonment. [Amendment approved 1905; Stats. 1905, p. 690.] Legislation § 639. 1. Enacted February 14, 187'^; based on Stats. 1862, p. 289, § 3. 2. Amendment by Stats. 1901, p. 477; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 690, (1) adding "or telephone" after "telegraph." § 640. Fraudulent connection with telegraph, etc., wires. Penalty. Every person who, by means of any machine, in- § 641 PENAL CODE. 378 struniciit, or conl ri\ance, or in any otlicr inannor, Avillfully and fraiKluIcntly, or clandestinely taps, or makes any unau- thoi'ized connection Avith any teleprrapli or telei)hone wire, line, cable, or instrument under the control of any tele- graph or telephone company; or who willfully and fi-audu- lently, or clandestinely, or in any unauthorized manner, reads, or attem])ts to read, or to learn the contents or meaning of any message, report, or communication while the same is in transit or passing over any telegraph or telephone wire, line, or cable, or is being sent from, or received at any place within the state; or who uses, or at- tempts to use, in any manner, or for any purpose, or to communicate in any "way, any information so obtained; or who aids, agrees with, employs, or conspires with any per- son or persons to unlawfully do, or permit, or cause to be done any of the acts or things hereinabove mentioned, is punishable as provided in section 639. [Amendment ap- proved 1915; Stats. 1915, p. 210.] Disclosing contents of message: See ante, § 619. Legislation § 640. 1. Enacted February 14, 1872 (N. Y. Pen. Code, § 641); based on Stats. 1862, p. 289, '§ 6. 2. Amendment by Stats. 1901, p. 478; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 691, to read: "Every person who, by means of any machine, instrument, or contrivance, or in any other manner, willfully and fraudulently reads, or attempts to read, any message, or to learn the contents thereof, whilst the same is beina: sent over any telegraph or telephone line, or willfully and fraudulently, or clandestinely, learns or attempts to learn the con- tents or meaning of any message, while the same is in any tele- graph or telephone office, or is being received thereat or sent there- from, or who uses or attempts to use, or communicates to others, any information so obtained, is punishable as provided in section six hundred and thirty-nine." The change consisted in adding "or telephone" after "telegraph" in both instances. 4. Amended by Stats. 1915, p. 210. § 641. Bribing' telegraph or telephone operator. Every person who, by the payment or promise of any bribe, in- ducement, or reward, procures or attempts to procure any telegraph or telephone agent, operator, or employee to dis- close any private message, or the contents, purport, sub- stance, or meaning thereof, or offers to any such agent, operator, or employee any bribe, compensation, or reward for the disclosure of any private information received by him by reason of bis trust as such agent, operator, or em- ployee, or uses or attempts to use any such information so obtained, is punishable as provided in section six hundred and thirty-nine. [Amendment approved 1905; Stats. 1905, p. 691.] 379 COLLECTING TOLLS. HARBORING APPRENTICES. § 646 Legislation § 641. 1. Knarted Febrnarv 14, 1872; based on Stats. 1862, p. 290, § 7. 2. Amendment by Stats. 1901, p. 47S; unconstitutional. See note, § 5, ante. 3. Amended by Stals. 1905, p. (101; adiling "or telephone^" after "telegraph." § 642. Collecting' tolls, etc., at San Francisco, without authority of harbor commissioners. Every person ^vho col- lects any toll, Avliarfage, or dockage, or lands, ships, or re- moves any property upon or from any portion of the water- front of San Francisco, or from or upon any of the wharves, piers, or landings under the control of the board of state harbor commissioners, without being by such board au- thorized so to do, is guilty of a misdemeanor. Wharfage: See Pol. Code, §§ 2527, 2582. Legislation § 642. 1. Enacted February 14, 1872; based on Stats. 1863-64, p. 145, § 11. 2. Amendment by Stats. 1901, p. 478; unconstitutional. See note, § 5, ante. § 643. Violations of the provisions of the chapter relating to police regulations of San Francisco harbor. Every person who violates any of the provisions of the laAvs of this state relating to sailor boarding-houses and shipping-offices in San Francisco, or who receives any gratuity or reward other than as therein provided, for the performance of any services under a license issued pursuant to the provisions of such laws, is guilty of a misdemeanor. Legislation § 643. Enacted February 14, 1872; based on Stats. 1869-70, p. 244. The code commissioners say: "The reference is to the chapter relating to sailors' boarding-houses, boarding ships in San Francisco harbor, etc." § 644. Enticing seamen to desert. [Repealed 1911 ; Stats. 1911, p. 71.] Legislation § 644. 1. Enacted February 14, 1872; based on Stats. 1853, p. 186, § 1. 2. Repealed by Stats. 1911, p. 71. § 645. Harboring deserting seamen. [Repealed 1907 ; Stats. 1907, p. 307.] Legislation § 645. 1. Enacted February 14^ 1872. 2. Repealed by Stats. 1907, p. 307. § 646. Aiding apprentices to run away or harboring them. Every person Avho AvillfuUy and knowingly aids, assists, or encourages to run away, or who harbors or conceals any person bound or held to service or labor, is guilty of a mis- demeanor. - Legislation § 646. Enacted February 14, 1872; based on Stats 1858, p. 137, § 17. ^ 047 I'ENAL CODE. 380 § 647. Who is a vagrant. Punishment. 1. Every person (ex(*ei)t a ( "alifoniia Indian) without visible means of living who has the physical al)ilit\' to woi'k, and who does not seek enii)loynient, nor Jahoi- \\hen cniployniciit. is offoi-od him ; or 2. Every beggar who solicits alms as a business; or, 3. Every person who roams about from place to place Avithout any lawful business; or, 4. Every person known to be a pickpocket, thief, burglar or confidence operator, either by his own confession, or by his having been convicted of either such offenses, and hav- ing no visible or lawful means of support, when found loitering around any steamboat landing, railroad depot, banking institution, broker's office, place of amusement, auction-room, store, shop or crowded thoroughfare, car, or omnibus, or any public gathering or assembly ; or, 5. Every idle, or lew^d, or dissolute person, or associate of known thieves ; or, 6. Every person who w^anders about the streets at late or unusual hours of the night, without any visible or lawful business ; or, 7. Every person who lodges in any barn, shed, shop, out- house, vessel, or place other than such as is kept for lodging purposes, without the permission of the owner or party en- titled to the possession thereof; or, 8. Every person who lives in and about houses of ill- fame; or, 9. Every person wdio acts as a runner or capper for at- torneys in and about police courts or city prisons; or, 10. Every common prostitute ; or, 11. Every common drunkard. Is a vagrant and is punishable by a fine of not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprison- ment. [Amendment approved 1911; Stats. 1911, p. 508.] Living in or keeping house of ill-fame: Sec ante, § 315. Jurisdiction of police courts in cases of: See Pol. Code, § 4426. Legislation § 64r7. 1. Enacted February 14, 1872 (based on Stats. 1863, p. 770, § 1), and then read: "Every person (except a California Indian) without visible means of living, who has the jihysical abil- ity to work, and who does not for the space of ten days seek em- ployment, nor labor when employment is offered him; every healthy Ijeggar who solicits alms as a business; every person who roams about from place to place without any lawful business; every idle or dissolute person, or associate of known thieves, who wanders about the streets at late or unusual hours of the night, or who lodges in any barn, shed, shop, outhouse, vessel, or place other than such as is itept for lodging purposes, without the permission of the owner or party entitled to the possession thereof; every lewd and dissolute 381 WHO ARE VAGRANTS. § 647 person, who lives in and about houses of ill-fame, and every common prostitute and common drunkard, is a vagrant, and punishable by imprisonment in the county jail not exceeding ninety days." 2. Amended by Slats. 1891, p. 130, the act omitting the amend- ing section, and the section as amended reading: "Section 1. Every person (except a California Indian) without visible means of living, who has the physical ability to work, and who does not seek em- ployment, nor labor when employment is offered him; or, 2. Every healthy beggar who solicits alms as a business; or, 3. Every person who roams about from place to place without any lawful business; or, 4. Every person known to be a pickpocket, thief, burglar, or confidence operator, either by his own confession, or by his having been convicted of either of said offenses, and having no visible or lawful means of support, when found loitering around any steam- boat landing, railroad depot, banking institution, broker's office, place of public amusement, auction-room, store, shop, or crowded thoroughfare, car, or omnibus, or at anj- public gathering or assem- bly; or, 5. Every idle or dissolute person, or associate of known thieves, w^ho wanders about the streets at late or unusual hours of 'the night; or, 6. Every person who lodges in any barn, shed, shop, outhouse, vessel, or place other than such as is kept for lodging purposes, without the permission of the owner or party entitled to the possession thereof; or, 7. Every lewd or dissolute person who lives in and about houses of ill-fame; or, 8. Everj^ per- son who acts as a runner or capper for attorneys in and about police courts or city prisons, in incorporated cities, or cities and counties; or, 9. Every common prostitute and common drunkard, is a vagrant, and is punishable by imprisonment in the county jail not exceeding six months." 3. Amendment by Stats. 1901, p. .478; unconstitutional. See note, § 5, ante. 4. Amended by Stats. 1903, p. 96, to read: "1. Every person (ex- cept a California Indian) without visible means of living who has the physical ability to work, and who does not seek employment, nor labor when employment is offered him; or 2. Every healthy beggar who solicits alms as a business; or 3. Every person who roams about from place to place without any lawful business; or 4. Every person known to be a pickpocket, thief, burglar, or confi- dence operator, either by his own confession, or by his having been convicted of either of such offenses, and having no visible or lawful means of support, when found loitering around any steamboat land- ing, railroad depot, banking institution, brokers office, place of amusement, auction-room, store, shop, or crowded thoroughfare, car, or omnibus, or at any public gathering or assembly; or 5. Every idle, or lewd, or dissolute person, or associate of known thieves; or 6. Every person who wanders about the streets at late or unusual hours of the night, without any visible or lawful business; or 7. Every person who lodges in any barn, shed, shop, outhouse, vessel. or place other than such as is kept for lodging purposes, without the permission of the owner or party entitled to the possession thereof; or 8. Every person who lives in and about houses of ill- fame; or 9. Every person who acts as a runner or capper for attor- neys in and about police courts or city prisons; or 10. Every com- mon prostitute; or 11. Every common drunkard, is a vagrant, and is punishable by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment." 5. Amended bv Stals. 1911, p. 508. § 6501/. I'ENAL CODE. 382 § 648. Issuing- or circulating- paper money. Every per- son who makes, issues, or puts in circulation any bill, check, ticket, certificate, promissory note, or the paper of any bank, to circulate as money, except as authorized by the laws of the United States, for the first offense, is guilty of a misdemeanor, and for each and every subsequent offense, is g-uilty of felony. Corporations prohibited from issuing bills, notes, etc., as money: Soc C"iv. Code, § 35G. Legislation § 648. Enacted February 14, 1872; based on Stats. 18,15, p. 128, §§1,2. § 649. Officers of fire department issuing- false certificates of exemption. Every officer of a fire d('])artiiient who will- fully issues or causes to be issued any certificate of exemp- tion to a person not entitled thereto, is guilty of a misde- meanor. Legislation § 649. Enacted February 14, 1872; based on Stats. 1864, p. 257, § 7. § 650. Sending- letters threatening to expose another. Every person Avho knoAvingly and willfully sends or delivers to another any letter or writing, whether subscribed or not, threatening to accuse him or another of a crime, or to ex- pose or publish any of his failings or infirmities, is guilty of a misdemeanor. Sending threatening letter: See ante, § 523. Offense, when complete: See post, § 660. Legislation § 650. Enacted February 14, 1872. The code commis- sioners say: "This is founded upon part of § 110 of the Crimes and Punishment Act. (Stats. 1850, p. 229.) The portion of that section relating to sending threatening letters is incorporated in a section of the chapter relating to extortion." § 6501/2- Seriously injuring persons or property, etc., a misdemeanor. A person Avho willfully and wrongfully com- mits any act which seriously injures the person or property of another, or which seriously disturbs or endangers the public peace or health, or which openly outrages public decency, or who willfully and wrongfully in any manner, verbal or written, uses another's name for accomplishing lewd or licentious purposes, whether such purposes are ac- complished or not, or who willfully and w^rongfully uses another's name in any manner that will affect, or have a tendency to affect the moral reputation of the person whose name is used, generally, or in the estimation of the person or persons to whom it is so used, or who with intent of ac- complishing any lewd or licentious purpose, whether such purpose is accomplished or not, personifies any person other 383 PAROLED PRISONERS. APPRENTICES. NATIONAL GUARD. § 652 than himself, or ^vho causes or procures any other person or persons to identify him, or to give assurance that he is any other person than himself to aid or assist him to ac- complish any lewd or licentious purpose, for Avhich no other punishment is expressly prescribed by this code, is guilty of a misdemeanor. False personation, punishment of: See ante, §§ 529, 530. Legislation §6501 2. Added by Stats. 1903, p. 235. The enacting paragraph is omitted in the act adding this section, and the section itself has "Section 1" instead of the section number. § 650a. Exposure of paroled prisoners prohibited. Any person who knowingly and willfully communicates to an- other, either orally or in writing, any statement concerning any person then or theretofore convicted of a felony, and then either on parole or finally discharged, and which com- munication is made with the purpose and intent to deprive said person so convicted of employment, or to prevent him from procuring the same, or with the purpose and intent to extort from him any money or article of value ; and any per- son who threatens to make any said communication with the purpose and intent to extort money or any article of value from said person so convicted of a felony, is guilty of misdemeanor. Legislation § 650a. Added by Stats. 1913, p. 1010. § 651. Requiring wards or apprentices to work more than eight hours. Every person having a minor child under his control, either as a ward or an apprentice, Avho, except in vinicultural or horticultural pursuits, or in domestic or household occupations, requires such child to labor more than eight hours in any one day, is guilty of a misdemeanor. Legislation § 651. Enacted February 14, 1872; based on Stats. 1867-68, p. 63; Stats. 1871-72, p. 951. § 652. Officer or member of national guard failing to at- tend parade, obey orders, or discharge duty. Every com- missioned officer of the national guard who willfully fails to attend any parade or encampment, and every member of the national guard who neglects or refuses to obey the law- ful command of his superior on any day of parade or en- campment, or to perform such military duty as may be lawfully required of him, is punishable l3y a fine of not less than five nor more than one hundred dollars. Disobeying orders: Pol. Code, § 1912. Parades and drills: Pol. Code, §§ 2003-2014. Legislation § 652. Enacted February 14, 1872. ^5 G53c I'ENAL CODE. • 384 § 653. Member of national guard failing to attend parade, etc., when notified. Kvei-y mciiiber of the national guai-d \vlio, when duly iiotilied, fails to appear at a parade, or who disobeys any lawful ordei-, or who uses disrespectful language towards his superior, or who commits any act of insubordination, is guilty of a misdemeanor. Legislation § 653. Einu'tcl February 14, 1872. § 6531/2- Appraisers of estates not to accept fee or re- ward. Any appraiser, appointed by virtue of section one thousand four hundred and forty-four of the Code of Civil Procedure, who shall accept any fees, reward, or compensa- tion other than that provided for by law, from any executor, administrator, trustee, legatee, next of kin or heir of any decedent, or from any other person, is guilty of a misde- meanor. Legislation § 6531/2- 1- Added by Stats. 1889, p. 3.3. 2. Amended bj^ Stats. 1901, p. 479, renumbering the section 653a; unconstitutional. See note, § 5, ante. § 653a. [No section of this iiumbcr.] § 653b. Abuse of school teachers. Every parent, guard- ian, or other person Avdio upbraids, insults, or abuses any teacher of the public schools, in the presence or hearing of a pupil thereof, is guilty of a misdemeanor. [Amendment approved 1905; Stats. 1905, p. 658.] Abusing teacher In presence of a class, a misdemeanor: See Pol. Code, § 1867. Disturbing public schools or school meeting, a misdemeanor: See Pol. Code, § 1868. Legislation § 653b. 1. Added by Code Amdts 1873-74, p. 43.5, as § 654. 2. Amendment by Stats. 1901, p. 479, merely renumbering the sec- tion 653b; unconstitutional. See note, § 5, p.ite. 3. Amended by Stats. 1905, p. 658, changing the number of the section from 654 to 653b, the code commissioner saying, "There were formerly in this code two sections each numbered 654. The change consists in renumbering the one approved March 30, 1874 to read § 653b." § 653c. Unlawful for state officer, agent of the state, contractor, or subcontractor, to permit workmen upon pub- lic works to work more than eight hours per day. The time of service of anv laborer, workman, or mechanic employed upon any of the public works of the state of California, or of any political subdivision thereof, or upon work done for said state, or any political subdivision thereof, is hereby limited and restricted to eight hours during any one cal- endar day; and it shall be unlawful for any officer or agent of said state, or of any political subdivision thereof, or for any contractor or subcontractor doing work under con- 385 VIOLATING PROVISION FOR EIGHT HOUR DAY. § 653c tract upon any public work aforesaid, who employs, or who directs or controls, the w^ork of any laborer, workman, or mechanic, employed as herein aforesaid, to require or per- mit such laborer, workman, or mechanic, to labor more than eight hours during any one calendar day, except in cases of extraordinary emergency, caused by fire, flood, or danger to life or property, or except to work upon public military or naval defenses or works in time of war. Any officer or agent of the state of California, or of any political sulxli- vision thereof, making or awarding, as such officer or agent, any contract, the execution of which involves or may involve the employment of any laborer, workman, or mechanic upon any of the puiilic works, or upon any work, hereinbefore mentioned, shall cause to be inserted therein a stipulation which shall provide that the contractor to whom said con- tract is awarded shall forfeit, as a penalty, to the state or political subdivision in whose behalf the contract is made and awarded, ten dollars for each laborer, workman, or mechanic employed, in the execution of said contract, by him, or by any subcontractor under him, upon any of the public works, or upon any work, hereinbefore mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of this act; and it shall be the duty of such officer or agent to take cognizance of all violations of the provisions of said act committed in the course of the execution of said contract, and to report the same to the representative of the state or political subdi- vision, party to the contract, authorized to pay to said con- tractor moneys becoming due to him under the said contract, and said representative, when making payments of moneys thus due, shall withhold and retain therefrom all sums and amounts which shall have been forfeited pursuant to the herein said stipulation. Any officer, agent, or representative of the state of California, or of any political sulidivision thereof, who shall violate any of the provisions of this sec- tion, shall be deemed guilty of misdemeanor, and shall upon conviction be punished by fine not exceeding five hundred dollars, or by imprisonment, not exceeding six months, or by both such fine and imprisonment, in the discretion of the court. Legislation § 653c. 1. x\ddition by Stats. 1901, p. 479, as § 653f ; uncoDstitutioual. See note, § 5, ante. 2. Added by Stats. 1905, p. 666; the code commissioner saying, "This is a new section, codifying, word for word, the eight-hour law (Stats. 1903, p. 119)." Fen. Code — 25 § 653e PENAL CODE. 386 § 653d. Retaining wages of employee. Every pcM-son who employs laborers upon i)ublie works, and Avho takes, keeps, or receives for his own use any part or portion of the wages due to any such laborers from the state or municipal cor- poration for which such work is done, is guilty of a felony. Salary or wages, taking part of: See ante, § 74a. Legislation § 653d. 1. Addition by Stats. 1901, p. 479, as § 653g; iHicoiistitutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 6G7; the code commissioner saying: "This is a new section, codifj'ing § 1 of the statute of 1871-72, p. 951, to protect wages of labor, inserting, however, the words 'for his own use,' to make same conform to intention of original act." For another section numbered 653d, added by the code commissioners in 1901, see ante, Legislation § 310. § 653e. Blacklisting of former employees prohibited. Penalty. May furnish truthful statement. Any pei-son, firm or corporation, or officer or director of a corporation, or superintendent, manager or other agent of such person, firm or corporation who. after having discharged an em- ployee ^rom the service of such person, firm or corporation or after having paid off an employee voluntarily leaving such service, shall, by word, writing or any other means whatsoever, misrepresent and tliereby prevent or attempt to prevent such former employee from obtaining employ- ment with any other person, firm or corporation, shall be punished by a fine not exceeding two thousand dollars and shall 1 e liable in treble damages to any such employee sus- taining damages through a violation of this section. Any person, firm or corporation who shall knowingly cause, suffer or permit an agent, superintendent, manager or other employee in his or its employ to commit a violation of this section, or who shall fail to take all reasonable steps within liis or its power to prevent such violation of this act, shall be guilty of a violation of the provisions of this section and be subject to the penalty hereinbefore provided. Nothing in this section shall be construed to prevent an employer as hereinbefore defined or an agent, employee, superintendent or manager of such employer to furnish, upon special re- quest therefor, a truthful statement concerning the reason for the discharge of an employee or why an employee volun- tarily left the service of the employer; provided, however, that if such statement shall in connection therewith furnish any mark, sign or other means whatever conveying informa- tion different from that expressed by words therein, such fact, or the fact that such statement or other means of fur- nishing information was given without a special request therefor, shall be prima facie evidence of a violation of the provisions of this section. Legislation § 653e. Added by Stats, 1913, p. 712. 387 ACTS MADE PUNISHABLE BY CODE. § 654 TITLE XVI. General Provisions. § 654. Acts made punishable by different provisions of this code. § 654a. False advertising prohibited. § 654b. False advertisements concerning real estate a misdemeanor. § 655. Acts punishable under foreign law. § 656. Foreign conviction or acquittal. § 657. Contempts, how punishable. § 658. Mitigation of punishment in certain cases. § 659. Aiding in misdemeanor. § 660. Sending letters, when deemed complete. § 661. Removal from office for violation or neglect of official duty by public officer. § 662. Omission to perform duty, when punishable. § 663. Attempts to commit crimes, when punishable. § 664. Attempts to commit crimes, how punishable. § 665. Eestrietions upon the preceding sections. § 666. Petty larceny, second offenses, punishment for. § 667. Second offenses, not petit, punishment for. § 668. Foreign conviction for former offense. § 669. Second term of imprisonment, when to commence. § 670. When term of imprisonment commences, etc. § 671. Imprisonment for life. § 672. Fine may be added to imprisonment. § 673. Civil rights of convict suspen*ded. § 674. Civil death. § 675. Civil death, limitations as to. § 676. Person of convict protected. § 677. Forfeitures. § 678. Values in gold coin. § 67? Coercion or compulsion of persons seeking employment a mis- demeanor. § 679a. Limiting sale of convict-made goods. § 680. Payment of wages to employees in a saloon or bar-room. § 681. Cruel punishment in prisons prohibited. § 654. Acts made punishable by different provisions of this code. An act or omission which is made punishable in different ways hy different provisions of tliis code may bo punished under either of such provisions, but in no case can it be punished under more than one ; an acquittal or conviction and sentence under either one bars a prosecution for the same act or omission under any other. In the cases specified in sections six hundred and forty-eight, six hundred and sixty-seven, and six hundred and sixty-eight, the pun- ishments therein prescribed must be substituted for those prescribed for a first offense, if the previous conviction is charged in the indictment and found by the jury. Effect of plea of guilty: See post, § 1158. Legislation § 654. Enacted February 14, 1872; based on Field's Draft, § 737, N. Y. Pen. Code, § 677. There was formerly another § 654u I'ENAL CUUK. 388 § 654 relating to the abuse of school teachers which was re-nurabered § 6a:U) by Stats. UJO.l, p. G58. Sec ante Ic^rislation § 653b. § 654a. False advertising prohibited. Any person, lirni, corporation or association, or any emjjloyee thereof, who, with intent to sell, furnish, perform, or in any way dispose of real or personal property, choses in action, merchandise, service, professional or otherwise, or anything of any nature whatsoever offered by such person, firm, corporation or association, or any emi^loyee thereof, directly or indi- rectly, to the public for sale or distribution, or to induce the public, in any manner, to enter into any oljligation relating thereto, or to acquire title thereto or any interest therein, shall make, publish, disseminate, circulate, or cause to be nuide, published, disseminated or circulated, or, in any manner, place, or cause to be placed, before the public in the State of California, in any newspaper, magazine, l)ook, pamphlet, circular, letter, notice, hand-bill, poster or other publication, or on any billboard, sign, card, label, or other advertising medium, or by means of any electric sign, window sign, showcase or window display, or by any other advertising device, or by public outcry or proclama- tion, X)V in any other manner or means Avhatever, an adver- tisement of any sort regarding such real or personal prop- erty, choses in action, merchandise, service or anything so offered to the public, which advertisement shall contain any statement, representation or assertion concerning such real or personal property, choses in action, merchandise, service or anything so offered to the public, or concerning any circumstance or matter of fact connected in any way, directly or indirectly, with the proposed sale, performance or disposition thereof, which statement, representation or assertion is false or untrue, in any respect, or which is de- ceptive or misleading, and which is known, or which by the exercise of reasonable care should be known, to be false^ or untrue, deceptive or misleading, by the person, firm, cor- poration or association making, publishing, disseminating, circulating or placing before the public said advertisement, shall be guilty of a misdemeanor; provided, however, that this act shall not apply to any publisher of a newspaper, magazine, or other publication, who publishes said adver- tisement in good faith, without knowledge of its false, deceptive, or misleading character. [Amendment approved 1915; Stats. 1915, p. 1252.] Legislation § 654a. 1. Added by Stats. 1905, p. 22S, and then read: "Any person, firm or corporation doing business in this state as a merchant, who advertises or displays any brand of goods known to the general public and quotes prices in connection therewith as 389 FALSE ADVERTISEMENTS. FOREIGN OFFENSES. § 657 an indiu-enient to attract pureha'sers to the place of business so ad- vertised, who shall make verbal or show printed or written false statements regarding the qualitj^ or merits of the goods advertised is guilty of a misdemeauor." 2. Amended by Stats. 1915, p. 12.^2. § 654b. False advertisements concerning- real estate a misdemeanor. Any person, firm, corporation or association, or any employee or agent therefor, Avho in a newspaper, circular, circular or form letter or other publication pub- lished or circulated in any language in this state, makes or disseminates any statement or assertion of fact, concerning the extent, location, ownership, title or other characteristic, quality or attribute of any real estate located in this state or elsewhere, which is known to him to be untrue and which is made or disseminated with the intention of misleading, is guilty of a misdemeanor; provided, however, that noth- ing in this section shall be construed to hold the publisher of any newspaper, or any job printer, liable for any pub- lication herein referred to unless such publisher or printer has an interest either as owner or agent, in such real estate so advertised. Legislation § 654b. Added by Stats. 1915, p. 1027. § 655. Acts punishable under foreign law. An act or omission declared punishable by this code is not less so because it is also punishable under the laws of another state, government, or country, unless the contrary is expressly declared. Legislation § 655. Enacted February 14, 1872; based on Field's Draft, § 738, N. Y. Pen. Code, § 678. § 656. Foreign conviction or acquittal. Whenever on the trial of an accused person it appears that upon a criminal prosecution under the laws of another state, government, or country, founded upon the act or omission in respect to which he is on trial, he has been acquitted or convicted, it is a sufficient defense. Foreign conviction or acquittal: See also, post, §§ 668, 793, 794. Legislation §656. Enacted February 14, 1872; based on Field's Draft, §739, N. Y. Pen. Code, § 679. "The code commissioners say: "This section is intended to apply in cases where the foreign ac- quittal or conviction took place in respect to the particular act or omission charged against the accused upon the trial in this state, and is not restricted to cases where the accused was tried abroad under the same or facts constituting the same charge." § 657. Contempts, how punishable. A criminal act is not the less punishalile as a crime because it is also declared to be punishable as a contempt. Criminal contempts: See ante, § 166. § 662 PENAL CODE. 390 Legislation § 657. Enacted I'ebruary ]4, 1872; identical with Field's Draft, § 740, N. Y. Peu. Code, § 680. § 658. Mitigation of punishment in certain cases. When it appears, at the tiiiK; of piissiii'4' soiitctice upon a person eonvieted upon indietiuent, that such pei'sou has already paid a fine or suHei-ed an iiiiprisoinnent foi- the act of which he stands convicted, under an order ad.jud,t,Mn<;' it a con- tempt, the court authorized to pass sentence may mitigate the punishment to be imposed, in its discretion. Legislation § 658. Enacted February 14, 1872; based on Field's Draft, § 741, N. Y. Pen. Code, § 681. § 659. Aiding- in misdemeanor. Whenever an act is de- clared a misdemeanor, and no punishment for counseling or aiding in the commission of such act is expressl}'^ prescribed by law. every person who counsels or aids another in the commission of such act is guilty of a misdemeanor. Accessories, defined: Ante, § 32. Accessories, how punished: Ante, § 33. Legislation § 659. Enacted February 14, 1872; identical with Field's Draft, § 742, N. Y. Pen. Code, § (382. § 660. Sending letters, when deemed complete. In the various cases in which the sending of a letter is made crim- inal by this code, the offense is deemed complete from the time when such letter is deposited in any post-office or any other place, or delivered to any person, with intent that it shall be forwarded. Threatening letters, sending, with intent to extort money: See ante, §§523, 650. Legislation § 660. Euacted February 14, 1872; based on Field's Draft, § 743, N. Y. Pen. Code, § 683. § 661. Removal from office for violation or neglect of offi- cial duty by public officers. In addition to the penalty affixed by express terms, to every neglect or violation of official duty on the part of public officers, state, county, city, or township, where it is not so expressly provided, they may, in the discretion of the court, be removed from office. Removal, other than by impeachment: See post, §§ 758 et seq. Legislation § 661. Enacted February 14, 1872. § 662. Omission to perform duty, when punishable. No person is punishable for an omission to perform an act. where such act has been performed by another person acting in his behalf and competent by law to perform it. Legislation § 662. Enacted February 14, 1872; identical with Field's Draft, § 744, N. Y. Pen. Code, § 684. 891 ATTEMPTS TO COMMIT CRIMES. § 66o § 663. Attempts to commit crimes, when punishable. Any person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime in- tended or attempted was perpetrated by such person in pur- suance of such attempt, unless the court, in its discretion, discharges the jury and directs such person to be tried for such crime. Attempt to commit crime, conviction of: See post, § 11.59. Legislation § 663. Enacted February 14, 1872; identical with Field's Draft, § 74.5, N. Y. Pen. Code, § 34. § 664. Attempts to commit crimes, how^ piinishable. Every person who attempts to commit any crime, but fails, or is prevented or intercepted in the perpetration thereof, is- punishable, where no provision is made by law for the punishment of such attempts, as follows: 1. If the offense so attempted is punishable by imprison- ment in the state prison for five years, or more, or by im- prisonment in a county jail, the person guilty of such at- tempt is punisha^ le by imprisonment in the state prison, or in a county jail, as the case may be, for a term not exceed- ing one half the longest term of imprisonment prescribed upon a conviction of the offense so attempted. 2. If the offense so attempted is punishable by imprison- ment in the state prison for. any term less than five years, the person guilty of such attempt is punishable by imprison- ment in the county jail for not more than one year. 3. If the offense so attempted is punishable by a fine, the offender convicted of such attempt is punishable by a fine not exceeding one half the largest fine which may be im- posed upon a conviction of the offense so attempted. 4. If the offense so attempted is punishable by imprison- ment and by a fine, the offender convicted of such attempt may 1 e punished by both imprisonment and fine, not exceed- ing one half the longest term of imprisonment and one half the largest fine which nmy be imposed upon a conviction for the offense so attempted. What attempts not included in this section. Attempts iuchided in §§ 216, 217, and 220-222 are not included in this section. Legislation § 664. Enacted February 14, 1872; based on Field's Draft, § 746, N. Y. Pen. Code, § 677. § 665. Restrictions upon the preceding sections. The last two sections do not protect a person who, in attempting unsuccessfully to commit a crime, accomplishes the commis- sion of another and dift'erent crime, whether greater or less in guilt, from suffering the punishment prescribed by law for the crime committed. i^ G(i(; PENAL CUDIO. 392 Leaislatiou § 665. Enacted Fobniarv 11, 1872; identical with Field's Dial't. S 717, X. Y. Pen. Code. § 087. § 666. Petty larceny, second offenses, punishment for. Every porsoii wlio. liavijiu' been fonvictcd of jx'tit larfoiiy and having served a term therefor in any penal institution, commits any crime after sudi conviction, is i)iiiiislial)lc there- for as follows : 1. If the oifense of which sudi person is siil)sc<|ncntly con- victed is such that, upon a first conviction, an offender Avould be punisliable by imprisomnent in the state ])rison for an}'' term exceeding five years, such person is punishabb? by im- prisonment in the state prison not less than ten years. 2. If the subsequent offense is such that upon a first con- viction, the offender would be punishable by imprisonment in the state prison for five years, or any less term, then the person convicted of such subsefpient offense is punishable by imi)risonment in the state prison not exceeding ten years. 'i. If the subsequent conviction is for petit larceny then the person convicted of such subsequent offense is punishable by imprisonment in the state prison not exceeding five years. [Amendment approved 1909; Stats. 1909, p. 360.] Previous conviction, duty of jury to find on: See post, § 1158. Legislation § 666. 1. Enacted February 14, 1872 (almost identical with Field's Draft, § 748, N. Y. Pen. Code, § 688), and then read: ''Every person who, having been Convicted of any offense punishable by imprisonment in the state prison, commits any crime after such conviction, is punishable therefor, as follows: 1. If the offense of which such person is subsequently convicted is such that, upon a first conviction, an offender would be punishable by imprisonment in the state prison for any term exceeding five years, such person is punishable by imprisonment in the state prison not less than ten years. 2. If the subsequent offense is such that, upon a first conviction, the offender would be punishable by imprisonment in the state prison for five years, or any less term, then the person con- victed of such subsequent offense is punishable by imprisonment in the state prison not exceeding ten years. 3. If the subsequent con- viction is for petit larceny, or any attempt to commit an offense which, if committed, would be punishable by imprisonment in the state prison not exceeding five years, then the person convicted of such subsequent offense is punishable by imprisonment in the state prison not exceeding five years." 2. Amended by Stats. 1903, p. 107, (1) the introductory paragraph then reading, "Every person who, having been convicted of petit larceny, or of any offense punishable by imprisonment in the state prison, commits any crime after such conviction, is punishable there- for as follows"; (2) subd. 1 had "ten years" instead of "five years," in first instance (the change being made in 1905), otherwise the section reading as at present. 3. Amended by Stats. 1905, p. 667, in subd. 1, changing "ten years" to "five years," in first instance; the code commissioner saying, "The amendment consists in the substitution of the word ''five' for 'ten.' At the session of 1903, §§ 666 and 667 were changed, 393 SECOND OFFENSES, PUNISHMENT FOR. § 667 the former being amended, and the latter repealed. Through a mistake in copying the proposed amendment to § 666, the section, as it was then amended, left a large class of cases unprovided for. The word 'ten,' in the fourth line of subd. 1, has been changed to 'five,' so that where the punishment for a first conviction would be six, seven, eight, nine, or ten years, some penalty shall attach; for as the section was amended in 1903, a second conviction for an otfense punishable, say by seven, or even ten years, entailed no penalty." 4. Amended by Stats. 1909, p. 360, the only change being in the introductory paragraph. § 667. Second offenses, not petit, punishment for. Every person who. having been eonvieted of any offense pnnish- able by imprisonment in the state prison, and having served a term therefor in any penal institntion, commits any crime after such conviction, is punishable therefor as follows: 1. If the offense of which such person is subsequently convicted is such that, upon a first conviction, an offender would be punishable by imprisonment in the state prison, such person is punishable by imjorisonment in the state prison for the maximum period for which he might have been sentenced, if such offense had been his first offense. 2. If the subsequent conviction is for petit larceny, then the person convicted of such subsequent offense is punish- able by imprisonment in the state prison not exceeding five years, provided, however, that any person who has been, or who shall hereafter 'oe, sentenced to the state prison shall be subject to parole by the state board of prison directors, under the restrictions now provided liy law for the parole of first-term prisoners, any act to the contrary notwith- standing. Legislation § 667. 1. Enacted February 14, 1872 (based on Field's Draft, § 750, N. Y. Pen. Code, §§ 688, 693), and then read: "Every person who, having been convicted of petit larceny, or of an attempt to commit an offense which, if perpetrated, would be punishable by imprisonment in the state prison, commits any crime after such conviction, is punishable as follows: 1. If the subsequent offense is such that, upon a first conviction, the offender would be punishable by imprisonment in the state prison for life, at the discretion of the court, such person is punishable by imprisonment in such prison during life. 2. If the subsequent offense is such that, upon a first conviction, the offender would be punishable by imprisonment in the state prison for any term less than for life, such person is pun- ishable by imprisonment in such prison for the longest term pre- scribed, upon a conviction for such first offense. 3. If the subse- quent conviction is for petit larceny, or for an attempt to commit an offense which, if perpetrated, would be punishable by imprison- ment in the state prison, then such person is punishable by impris- onment in such prison not exceeding five years." 2. Repealed by Stats. 1903, p. 108. 3. Added as a new section by Stats. 1900, p. I'.C I ^ ()72 I'ENAL CODE. 394 § 668. Foreign conviction for former offense. Kvery person who has been convicted in any other state, i^oveni- ment, or conntry. of an offense wliieh, if committed within this state, wouUi be ])iinis]ial)le l)y the laws of this state by impi-isonment in the state prison, is punishable for any subse- quent crime committed Avithin this state in the manner pre- scribed in the last two sections, and to the same extent as if such first conviction had taken place in a court of this state. Foreign conviction or acquittal: See ante, § 656. "" Legislation § 668. Enat'ted February 14, 1872; almost identical with Field's Draft, § 751, N. Y. Pen. Code, § 679. § 669. Second term of imprisonment, w^hen to commence. When any person is convicted of two or moi'e ci-inies before sentence has been pronounced upon him for either, the im- prisonment to wliich he is sentenced upon the second or other subsequent conviction must commence at the termination of the first term of imprisonment to which he shall be ad- judged, or at the termination of the second or other subse- quent term of imprisonment, as the case may be. Legislation § 669. Enacted February 14. 1872; identical with Field's Draft, § 752, N. Y. Pen. Code, § 694. § 670. When term of imprisonment commences, etc. The term of imprisonnunit fixed l)y the juduinent in a criminal action commences to run only upon the actual delivery of the defendant at the place of imprisonment, and if there- after, during such term, the defendant by any legal means is temporarily released from such imprisonment and subse- quently returned thereto, the time during which he was at large must not be computed as part of such term. Legislation § 670. Enacted February 14, 1872. § 671. Imprisonment for life. Whenever any person is declared punishable for a crime by imprisonment in the state prison for a term not less than any specified number of years, and no limit to the duration of such imprisonment is declared, the court authorized to pronounce judgment upon such conviction may, in its discretion, sentence such offender to imprisonment during his natural life, or for any number of years not less than that prescribed. Legislation § 671. Enacted February 14, 1872; based on Field's Draft, § 753, N. Y. Pen. Code, § 696. § 672. Fine may be added to imprisonment. Upon a con- viction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein pre- scribed, the court may impose a fine on the oft'ender not ex- 395 CIVIL RIGHTS OF PRISONERS. § 677 ceeding two liiiudred dollars, in addition to the imprison- ment prescribed. Legislation § 672. Enacted February 14, 1872; based on Field's Draft, § 756. § 673. Civil rights of convict suspended. A sentence of imprisonment in a state prison for any term less than for life suspends all the civil rights of the person so sentenced, and forfeits all public offices and all private trusts, author- ity, or power during such imprisonment. Forfeiture of office on conviction of crime: See ante, § 98. Legislation § 673. Enacted February 14, 1872; based on Field's Draft, § 757, N. Y. Pen. Code, § 707. § 674. Civil death. A person sentenced to imprisonment in the state prison for life is thereafter deemed civilly dead. Legislation § 674. Enacted February 14, 1872; based on Field's Draft, § 758, N. Y. Pen. Code. § 708. § 675. Civil death, limitations as to. The provisions of the last two preceding sections must not be constrned to ren- der the persons therein mentioned incompetent as witnesses upon the trial of a criminal action or proceeding, or incap- able of making and acknowledging a sale or conveyance of property. [Amendment approved 1874; Code Amdts. 1873- 74, p. 435.] Prisoner as witness, how brought in, and proceedings on: See post, §§ 13.33, 1567. Deposition of prisoner, when and how taken: See post, § 1346. Legislation § 675. 1. Enacted February 14, 1872. 2. Amended by Code Amdts. 1873-74," p. 435, (1) adding "last" before "two preceding sections"; (2) omitting "or to do such other acts as are permitted by law," at end of section. 3. Amendment by Stats. 1901, p. 480; unconstitutional. See note, § 5, ante. § 676, Person of convict protected. The person of a con- vict sentenced to imprisonment in the state prison is under the protection of the law, and any injury to his person, not authorized by law, is punishable in the same manner as if he was not convicted or sentenced. Legislation § 676. Enacted February 14, 1872; identical with Field's Draft, § 759, N. Y. Pen. Code, § 709. § 677. Forfeitures. No conviction of any person for crime works any forfeiture of any property , except in cases in which a forfeiture is expressly imposed by law^; and all forfeitures to the people of this state, in the nature of. a deodand. or where any person sliall flee from justice, are abolished. § 681 PENAL CODE. 39G Legislation § 677. Enacted February 11, 1872; based on Field's Draft, § 7(50, N. Y. Pen. Code, § 710. §678. Values in gold coin. Whenever in this code the cliaraeter or grade oi' an ofVense, or its pnnisiinient, is made to depend npon the value ot" property, such value shall be estiniatetl exclusively in United States gold coin. Legislation § 678. Added by Code Amdts. 1873-74, p. 43.'5. § 679. Coercion or compulsion of persons seeking employ- ment a misdemeanor. Any person or corporation -within this state, or agent or officer on behalf of such person or corpora- tion, who shall hereafter coerce or compel any person or persons to enter into an agreement, either written or verbal, not to join or become a member of any labor organization, as a condition of such person or persons securing employ- ment or continuing in the employment of any such person or corporation, shall be guilty of a misdemeanor. Legislation § 679. Added by Stats. 1893, p. 176, § 679a. Limiting sale of convict-made goods. 1. It shall be unlawful for any person to sell, expose for sale, or offer for sale Avithin this state, any article or articles manu- factured wholly or in part by convict or other prison labor, except articles the sale of Avhicli is specifically sanctioned by law. 2. Every person selling, exposing for sale, or offering for sale any article manufactured in this state wholly or in part by convict or other prison labor, the sale of which is not specifically sanctioned by laAv, shall be guilty of a misde- meanor. Legislation § 679a. Added by Stats. 1901, p. 326. § 680. Payment of wages to employees in a saloon or bar- room. Every person who shall pay any employee his wages, or any part thereof, while such employee is in any saloon, bar-room, or other place where intoxicating liquors are sold at retail, unless said employee is employed in such saloon, bar-room, or such other place where intoxicating liquors are sold, shall be deemed guilty of a misdemeanor. • Legislation § 680. Added by Stats. 1901, p. 660. § 681. Cruel punishment in prisons prohibited. It shall be unlawful to use in the prisons or reformatory institu- tions of this state any cruel or unusual punishments; and punishment by the use of the straight-jacket, gag, thumb- screw, shower-bath, or the tricing-up of prisoners is hereby prohibited. There is another section of this number. See next section. Legislation § 681. Added by Stats. 1913, p. 1010. PART 11. CRIMINAL PROCEDURE. Preliminary Provisions. §§ 681-689. Title I. Prevention of Public Offenses. §§ 692-734. II. Judicial Proceedings for the Removal of Public Officers by Impeachment or Otherwise. §§737-772. III. Proceedings in Criminal Actions Prosecuted by Indictment, to the Commitment, Inclusive. §§ 777-883. IV. Proceedings After Commitment and Before In- dictment. §§ 888-937. V. The Indictment. §§ 940-972. VI. Pleadings and Proceedings after Indictment and before the Commencement of the Trial. §§ 976-1053. VII. Proceedings after the Commencement of the Trial and Before Judgment. §§ 1055-1188. VIII. Judgment and Execution. §§ 1191-1230. IX. Appeals to the Supreme Court. §§ 1235-1265. X. Miscellaneous Proceedings. §§ 1268-1423. XI. Proceedings in Justices' and Police Courts and Appeals to the Superior Courts. §§ 1425- 1470. XII. Special Proceedings of a Criminal Nature. §§ 1473-1564. XIII. Proceedings for Bringing Persons Imprisoned in the State Prison, or the Jail of Another County, Before a Court. § 1567. XIV. Disposition of Fines and Forfeitures. § 1570. (397) 3})9 I^RELIMINARY PROVISIONS AS TO PROCEDURE. § (yS'S PRELIMINARY PROVISIONS. § 681. No person punishable but on legal conviction. § 682. Public offenses, how prosecuted. § 683. Criminal action defined. § 684. Parties to a criminal action. § 685. The party prosecuted known as defendant. § 686. Rights of defendant in criminal action. § 687. Second prosecution for the same offense prohibited. § 688. No person to be a witness against himself in a criminal action, or to be unnecessarily restrained. § 689. No person to be convicted but upon verdict or judgment. § 681. No person punishable I ut on legal conviction. No person can be punished for a public offense, except upon .a legal conviction in a court having jurisdiction thereof. There is another section of this number. See prior section. Constitutional guaranty: Const., art. i, § 13. Conviction of public offense, how may be had: See post, § 689. Legislation § 681. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 3); based on Crim. Prac. Act., Stats. 1851, p. 212, § 6. § 682. Public offenses, how prosecuted. Every public offense must be prosecuted by indictment or information, except: 1. Where proceedings are had for the removal of civil officers of the state; 2. Offenses arising in the militia when in actual service. and in the land and naval forces in the time of war, oi- which the state may keep, with the consent of Congress, in time of peace; 3. Offenses tried in justices' and police courts ; 4. All misdemeanors of which jurisdiction has been con- ferred upon superior courts sitting as juvenile courts. [Amendment approved 1911; Stats. 1911, p. 68.] Prosecution: See Const., art. i, §§ 8, 13. Courts-martial: See Pol. Code, §§ 2021 et seq. Offenses, how prosecuted: See post, § 888. Proceedings for removal of oflficers may be by accusation or infor- mation: See post, § 889. Legislation § 682. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 4) ; based on Crim. Prac. Act, Stats. 1851, p. 212, § 7. 2. Amended by Code Amdts. 1880, p. 10, in introductory paragraph adding "or information" after "indictment." 3. Amended by Stats. 1911, p. 68, the change consisting in the addition of paragraph 4. § 683. Criminal action defined. The proceeding by which a party charged with a public oft'ense is accused and brought to trial and punishment, is known as a criminal action. Legislation § 683. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 5); based on Crim. Prac. Act, Stats. 1851, p. 212, § 8. § 686 I'EXAL CODE. 400 §684. Parties to a criminal action. A ciiniiiial iictioii is proscMMitccl ill the name oL" the i)eople oi" tlie stale of Cali- foriiia, as a pai'ty, against the person charged \vitli the oll'ense. Legislation § 684. Knafted l-Vbiuaiy 14, 1872 (N. Y. Code Crim. I'roc, §G); based on Crim. I'rac Act,"^ Stats. IS.-)!, p. 2i:?, §!l. § 685. The party prosecuted known as defendant. The l)ai'ty prosecuted in a erimiiial a<*ti()ii is tlesii^iiated in this code as tlie defendant. Legislation § 685. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 7); based on Crim Prae. Act, Stats. 1851, p. 213, § 10. § 686. Rights of defendant in criminal action. In a crim- inal action the defenchmt is entitled : 1. To a speedy and public trial. 2. To be allowed counsel as in civil actions, or to appear and defend in person and Avith counsel. 3. To produce witnesses on his behalf and to be confronted with the witnesses against him, in the presence of the court, except that where the charge has been preliminarily exam- ined before a committing magistrate and the testimony taken down by question and answer in the presence of the defendant, who has, eitlier in person or by counsel, cross- examined or had an opportunity to cross-examine the wit- ness; or where the testimony' of a witness on the part of the people, who is unable to give security for his appearance, has been taken conditionally in the like manner in the presence of the defendant, who has, either in person or by counsel, cross-examined or had an opportunity to cross-examine the witness, the deposition of such witness may be read, upon its being satisfactorily shown to the court that he is dead or insane, or cannot with due diligence be found within the state; and except also that in the case of offenses hereafter committed the testimony on behalf of the people or the de- fendant of a witness deceased, insane, out of jurisdiction, or who cannot, with due diligence, be found within the state, given on a former trial of the action in the presence of the defendant who has, either in person or by counsel, cross-ex- amined or had an opportunity to cross-examine the witness, may be admitted. [Amendment approved 1911; Stats. 1911, p. 361.] Constitutional provisions: See Const., art. i, § 13. Depositions as evidence: Post, §§ 869, 1345, 1362. Defendant may produce witnesses: See post, § 866. Dismissal if defendant not brought to trial within sixty days: See post, § 1382. 401 PRELIMINARY PROVISIONS AS TO PROCEDURE. § 689 Legislation § 686. 1. Enacted February 14, 1872 (N. Y. Code Grim. Proc, § S) ; based on Grim. Prac. Act, Stats. 1851, p. 213, § 11, and then read: "In a criminal action the defendant is entitled: "1. To a speedy and public trial. "2. To be allowed counsel as in civil actions, or to appear and de- fend in person and with counsel. "3. To produce witnesses on his behalf, and to be confronted with the witnesses against him, in the presence of the court, except that where the charge has been preliminarily examined before a commit- ting magistrate and the testimony taken down by question and answer in the presence of the defendant, who has, either in person or by counsel, cross-examined or had an opportunity to cross-examine the witness; or where the testimony of a witness on the part of the people, who is unable to give security for his appearance, has been taken conditionally in the like manner in the presence of the defendant, who has, either in person or bj' counsel, cross-examined or had an opportunity to cross-examine the witness, the deposition of such witness may be read, upon its being satisfactorily shown to the court that he is dead or insane, or cannot with due diligence be found within the state." 2. Amended by Stats. 1911, p. 364. § 687. Second prosecution for the same ofifense prohib- ited. No person can be subjected to a second prosecution for a public offense for which he has once been prosecuted and convicted or acquitted. Constitutional provisions: See Gonst., art. i, § 13; U. S. Gonst., Amdt. 5. Dismissal no bar: See post, § 999. Legislation § 687. Enacted February 14, 1872 (N. Y. Gode Grim. Proc, § 9); based on Grim. Prac. Act, Stats. 1851, p. 213, § 12, which read: "§ 12. No person shall be subject to a second prosecution for a public offense, for which he has once been prosecuted and duly convicted or acquitted." § 688. No person to be a witness against himself in a criminal action, or to be unnecessarily restrained. No per- son can be compelled, in a criminal action, to be a witness against himself; nor can a person charged with a public offense be subjected, before conviction, to any more restraint than is necessary for his detention to answer the charge. Defendant offering himself as witness, examination of: See post, § 1323. Defendant cannot be compelled to be witness against himself: See post, § 1323. Legislation § 688. Enacted February 14, 1872 (N. Y. Gode Grim. Proc, § 10) ; based on Grim. Prac. Act, Stats. 1851, p. 213, § 13, which read:' "§ 13. No person shall be compelled in a criminal action to be a witness against himself, nor shall a person charged with a public offense be subjected before conviction to any more restraint than is necessary for his detention to answer the charge." § 689. No person to be convicted but upon verdict or judgment. No person can be convicted of a public offense Pen. Code — 20 § 689 I'KNAi. CODE. 402 unless l.y the verdict of ji jury, accepted and recorded by the court, or upon a pli-a ol" ifuilty, or upon judgment against him upon a demurrer in the case mentioned in section one thousand and eleven, or upon a judgment of a court, a jury having been waived in a ei'iminal cuise not amounting to felony. [Amendment approved 1880; Code Amdts. 1880, p. 4.] Legislation § 689. 1. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 213, § 14, whicli read: "§ 14. No person can be convicted of a public offense, unless by a verdict of a jury accepted and recorded by the court, or upon a plea of guilty, or upon a judgment against him upon a demurrer to the indictment in the case, mentioned in section two hundred and sixty-six." When en- acted in 1872, the latter part of § 689 read, "or upon judgment against him upon a demurrer to the indictment in the case mentioned in section 1011, or upon a judgment of a police or justice's court, a jury having been waived." 2. Amended by Code Amdts. 1880, p. 4, 403 LAWFUL RERISTANCE TO PREVENT OFFENSE. § G94: TITLE I. Prevention of Public Offenses. Chapter I. Lawful Resistance. §§692-694. IL Intervention of the Officers of Justice. §§ 697, 698. III. Security to Keep the Peace. §§ 701-714. IV. Police in Cities and Towns, and Their Attendance at Ex- posed Places. §§ 719, 720. V. Suppression of Eiots. §§ 723-734. CHAPTER I. Lawful Resistance. § 692. Lawful resistance, by whom made. § 693. By the party, in what cases and to what extent. § 694. By other parties, in what cases. § 692. Lawful resistance, by whom made. Lawful resist- ance to the commission of a public offense may be made: 1. By the party about to be injured; 2. By other parties. Personal rights: See Civ. Code, §§ 43-54. Legislation § 692. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 79); in exact language of Crim. Prac. Act, Stats. 1851, p. 213, §15. § 693. By the party, in what cases and to what extent. Resistance sufficient to prevent the offense may be made by the party about to be injured : 1. To prevent an offense against his person, or his family, or some member thereof. 2. To prevent an illegal attempt by force to take or injure property in his lawful possession. Legislation § 693. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §80); in language almost identical with that of Crim. Prac. Act, Stats. 1851, p. 213, § 16. § 694. By other parties, in what cases. Any other per- son, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the offense. Legislation § 694. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 81); in exact language of Crim. Prac Act, Stats. 1851, p. 214, § 17. < 701 i-KXAL on)K. 404 CIlAPTKIx' II. lutervention of the Officers of Justice. § G97. Intervention of officers, in what cases. § (!9S. Persons lU'tinji; in thoir nid jnstifiprl. § 697. Intervention of officers, in what cases. Public offenses may be prevented by tlie intorventioii of tlie officers of justice : 1. By requiring security to keep tbe peace; 2. By forming a police in cities and towns, and by requir- ing their attendance in exposed places; 3. By suppressing riots. Subd. 1. Seciirity to keep the peace: See post, §§ 701-714. Siibd. 2. Police force: Soe post, §§ 719, 720. Officers authorized to preserve peace: Post, § 720. Subd. 3. Suppression of riots: See post, §§ 723-734. Legislation § 697. Er.acted February 14, 1872 (N. Y. Code Crim. Proc, § 82) ; in exact language of Crim. Prac. Act, Stats. 1851, p. 214, §18. § 698. Persons acting in their aid justified. When the officers of justice are authorized to act in the prevention of public offenses, otlier persons, who, by their command, act in their aid, are justified in so doing. Legislation § 698. Enacted February 14, 1872 (N. Y. Code Crim, Proc, §83); in language almost identical with that of Crim. Prac. Act, Stats. 1851, p. 2-14, § 19. CHAPTER III. Security to Keep the Peace. § 701. Information of threatened offense. § 702. Examination of complainant and witnesses. § 703. Warrant of arrest. § 704. Proceedings on charges being controverted. § 705. Person complained of, when to be discharged. § 706. Security to keep the peace, when required. § 707. Effect of giving or refusing to give security. § 708. Person committed for not giving security, how discharged. § 709. Undertaking to be filed in clerk's office. § 710. Security, when required for assault committed in the presence of a court or magistrate. § 711. Undertaking, when broken. § 712. Undertaking, when and how prosecuted. § 713. Evidence of breach. § 714. Security for the peace not required, except in accordance with this chapter. § 701. Information of threatened offense. An informa- tion may be laid before any of the magistrates mentioned in section eight hundred and eight, that a person has threat- 405 SECURITY TO KEF:P i'EACE. § 706 ened to commit an offense against the person or property of another. Legislation § 701. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §84); in substance the same as Crim, Prac. Act, § 20, as amended by Stats. 1863, p. 158, § 2. The code commissioners say: "The section referred to is § 103 of the Crimes and Punishment Act of 1851; the word 'information' is used in place of the word 'com- plaint,' as more expressive." § 702. Examination of complainant and witnesses. When the information is laid before such magistrate he must exam- ine on oath the informer, and any witness he may produce, and must take their depositions in writing, and cause them to be subscribed by the parties making them. Legislation § 702. Enacted February 14, 1872 (K Y. Code Crim. Proc, § 85) ; in substance the same as Crim. Prac. Act, Stats. 1851, p. 214, §21. § 703. Warrant of arrest. If it appears from the deposi- tions that there is just reason to fear the commission of the offense threatened, by the person so informed against, the magistrate must issue a warrant, directed generally to the sheriff of the county, or any constable, marshal, or police- man in the state, reciting the substance of the information, and commanding the officer forthwith to arrest the person informed of and bring him before the magistrate. Legislation § 703. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 86); in sifbstance the same as Crim, Prac. Act, Stats. 1851, p. 214, § 22. § 704. Proceedings on charges being controverted. When the person informed against is brought before the magis- trate, if the charge be controverted, the magistrate must take testimony in relation thereto. The evidence must be reduced to writing and subscribed by the witnesses. Legislation § 704. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §87); in substance the same as Crim. Prac. Act, Stats. 1851, p. 214, § 23. § 705. Person complained of, when to be discharged. If it appears that there is no just reason to fear the commission of the oft'ense alleged to have been threatened, the person complained of must be discharged. Legislation § 705. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 8S) ; in substance the same as Crim. Prac Act, Stats. 1851, p. 214," § 24. § 706. Security to keep the peace, when required. If. however, there is just reason to fear the commission of the offense, the person complained of may be required to enter into an undertaking in such suiri, not exceeding five thou- § 711 PENAL CODE. 406 saiul (lollai's, as tlic magistrate may direct, with one or more sufficient sureties, to keep the peace towards the people of this state, and particularly towards the informer. The undertakinji' is valid and biiuliui;- for six months, and may, upon the renewal of the infoi-mation, be extended for a longer period, or a new undertaking may be required. Legislation § 706. Enacted February 14, 1872 (N. Y. Code Grim. Proc, §89); in substance the same as Grim, Prac. Act, Stats. 1851, 214, § 25. § 707. Effect of giving or refusing to give security. If the undertaking retiuired by the last section is given, the party informed of must be discharged. If he does not give it, the magistrate must commit him to prison, specifying in the warrant the requirement to give security, the amount thereof, and the omission to give the same. Effect of giving or refusing to give bond: See post, § 710. Legislation § 707. Enacted February 14, 1872 (N. Y. Code Grim. Proc, § 90) ; in substance the same as Crim. Prac. Act, Stats. 1851, p. 215, § 26. § 708. Person committed for not giving security, how discharged. If the person complained of is committed for not giving the undertaking required, he may be discharged by any magistrate. uDon giving the same. ^legislation § 708. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §91); in substance the same as Crim. Prac. Act, Stats. 1851, p. 215,'§ 27. § 709. Undertaking to be filed in clerk's office. The undertaking must be filed b}^ the magistrate in the office of the clerk of the county. Legislation § 709. Enacted February 14, 1872; based on Crim. Prac Act, Stats. 1851, p. 215, § 28. § 710. Security, when required for assault committed in the presence of a court or magistrate. A person who, in the presence of a court or magistrate, assaults or threatens to assault another, or to commit an offense against his person or property, or who contends with another with angry words, may be ordered by the court or magistrate to give security, as in this chapter provided, and if he refuse to do so, may be committed as provided in section seven hundred and seven. Effect of giving or refusing to give bond: See ante, § 707. Legislation § 710. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 93); based on Crim. Prac. Act, Stats. 1851, p. 215, § 29. § 711. Undertaking, when broken. Upon the conviction of the person informed against of a breach of the peace, the undertaking is broken. 407 POLICE IN CITIES AND TOWNS. § 719 Legislation § 711. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 97); based on Crim. Prac. Act, Stats. 1851, p. 215, § 30. § 712. Undertaking, when and how prosecuted. Upon the district attorney's producing evidence of such conviction to the superior court of the county, the court must order the undertaking to be prosecuted, and the district attorney must thereupon commence an action upon it in the name of the people of the state. [Amendment approved 1880; Code Amdts. 1880, p. 32.] Legislation § 712, 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 98) ; in substance the same as Crim. Prac. Act, § 31, as amended by Stats. 1863, p. 158, § 3. 2. Amended by Code Amdts. 1880, p. 32, changing "county court" to "superior court." § 713. Evidence of breach. In the action the offense stated in the record of conviction must be alleged as a breach of the undertaking, and such record is conclusive evi- dence of the breach. Legislation § 713. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 215, § 32. § 714. Security for the peace not required, except in ac- cordance with this chapter. Security to keep the peace, or be of good behavior, cannot be required except as prescribed in this chapter. Legislation § 714. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 99); based on Crim. Prac. Act, Stats. 1851, p. 215, § 33. CHAPTER IV. Police in Cities and Towns, and Their Attendance at Exposed Places. § 719. Organization and regulation of the police. § 720. Force to preserve the peace at public meetings, when and how ordered. § 719. Organization and regulation of the police. The organization and regulation of the police, in the cities and towns of this state, is governed by special laws. Police insurance and pension bill: See post, Appendix, tit. "Po- lice." Compensation of police: See post, Appendix, tit. "Police." Increase of police force: See post. Appendix, tit. "Police." Vacations for police: See post. Appendix, tit. "Police." Hours of service of police, act regulating: See post. Appendix, tit. "Police." Appointment of police on railroads, steamships, etc.: See post, Appendix, tit. "Police." Legislation § 719. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 100); in substance the same as Crim. Prae. Act, Stats. 1851, p. 215, §34. § 723 PENAL CODE. 408 2. AinciKlinciit by Stiits. 1901, p. 18U; unooiistitutiunal. Sec note, § 5, ante. § 720. Force to preserve the peace at public meetings, when and how ordered. The mayor or other onicer liavini; tlie tlireetioii of tlie police of a city or town must order a force, sufficient to preserve the peace, to attend any pul)lie meeting-, when he is satisfied that a breach of the peace is reasonably apprehended. Infonnation of threatened offense: See ante, § 701. Suppression of riots: See post, §S 723 et seq. Legislation § 720. Enacted February 14, 1872 (X. Y. Code Crim. Proc, § 101); in substance the same as Crim. Prac. Act, Stats. 1851, p. 21.1, § 35. CHAPTER V. Suppression of Eiots. § r23. Power of sheriff or other officer in overcoming resistance to process. § 724. The officer to certify to court the names of the resisters, etc. § 725. When governor to order out a military force to aid in execut- ing process. [Eepealed.] § 726. Magistrates and officers to command rioters to disperse. § 727. To arrest rioters if they do not disperse. § 728. Officers who may order out the military. [Repealed.] § 729. Commanding officer and troops to obey the order. [Repealed.] § 730. Armed force to obey orders of whom. [Repealed.] § 731. Conduct of the troops. [Repealed.] § 732. Governor may in certain cases declare a county in a state of insurrection. [Repealed.] § 733. May revoke the proclamation. [Repealed.] § 734. Only national guard shall drill or parade with arms. Excep- tion. § 723. Power of sheriff or other officer in overcoming re- sistance to process. When a sheriff or other public officer authorized to execute process finds, or has r^son to appre- hend that resistance will be made to the execution of the process, he may command as many male inhabitants of his county as he may thinlv proper to assist him in overcoming the resistance, and, if necessary, in seizing, arresting, and confining the persons resisting, their aiders and abettors. Peace-officers: See post, §817. See ante. §§ 697, subd. 2, 719. Jurisdiction of police court: See Pol. Code, § 4426. Legislation § 723. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §102); based on Crim. Prac. Act, Stats. 1851, p. 215, § 36, which read: "§ 36. When a sheriff or other public officer authorized to execute process sliall find or have reason to apprehend that re- sistance shall be made to the execution of his process, he may com- mand as many male inhabitants of his county as he may think proper, and any military company or companies in the county, armed and equippeil, to assist him in overcoming the resistance, and, if 409 SUPPRESSION OF RIOTS. § 729 necessar}', in seizing, arresting, aud coufiiiiiig the resisters, and their aiders and abettors, to be punished according to law." § 724. The officer to certify to court the names of the resisters, etc. Tlu; officer must certify to tlie court from which the process issued the names of the persons resisting, and their aiders and aliettors, to the end that they may be proceeded against for their contempt of court. Resistance of process: See ante, § 1G6. Legislation § 724. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §103),- based on Crim. Prae. Act, Stats. 18.51, p. 216, § 37. § 725. When governor to order out a military force to aid in executing- process. [Repealed 1905; Stats. 1905, p. 411.] Legislation § 725. 1. Enacted February 14, 1872. 2. Eopealed by Stats. 1905, p. 411. § 726. Magistrates and officers to command rioters to dis- perse. Where any number of persons, whether armed or not, are unlawfully or riotously assembled, the sheriif of the county and his deputies, the officials governing the town or city, or the justices of the peace and constables thereof, or any of them, must go among the persons assembled, or as near to them as possible, and command them, in the name of the people of the state, immediately to disperse. Suppressing riots: See ante, § 697, subd. 3. Legislation § 726. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 106); based on Crim. Prac. Act, Stats. 1851, p. 216, § 40. § 727. To arrest rioters if they do not disperse. If the persons assembled do not immediately disperse, such magis- trates and officers must arrest them, and to that end may command the aid of all persons present or within the county. Power of sheriff in overcoming resistance: See ante, § 723. Legislation § 727. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 107); based on Crim. Prac. Act, Stats. 1851, p. 216, §§ 41, 42. § 728. Officers who may order out the military. [Re- pealed 1905; Stats. 1905, p. 411.] Governor may call out militia to execute laws, suppress insurrec- tion, and. repel invasion: Const., art. viii, § 1. Legislation § 728. 1. Enacted February 14, 1872. 2. Amended by Code Amdts. 1880, p. 32. 3. Amendment by Stats. 1901, p. 480; unconstitutional. See note, § 5, ante. 4. Eepealed by Stats. 1905, p. 411. § 729. Commanding officer and troops to obey the order. [Repealed 1905; Stats. 1905, p. 412.] Legislation § 729, 1. Enacted February 14, 1872. 2. Eepealed by Stats. 1905, p. 112. § 734 I'KNAL CODE. 410 § 730, Armed force to obey orders of whom. [Repealed 1905; Stats. 1905, p. 412.] Legislation § 730. 1. Enartod Fobruary 11, 1872. 2. Repealed by Stats. 1905, p. 412. §731. Conduct of the troops. [Repealed 1905; Stats. 1905, p. 412.] Legislation §731. 1. T'^nnctod February 14, 1872. 2. .Vmcnded by Stats. 1895, p. IQ.*^. 3, Eepealed by Stats. 1905, p. 412. § 732. Governor may in certain cases declare a county in a state of insurrection. [Repealed 1905; Stats. 1905, p. 412.] Governor is commander-in-chief: See Const., art. v, § 5. Legislation § 732. 1. Enacted February 14, 1872. 2. Ameuded by Code Amdts. 1880, p. 32. 3. Eepealed by Stats. 1905, p. 412. § 733. May revoke the proclamation. [Repealed 1905 ; Stats. 1905. p. 412.] Legislation § 733. 1. Enacted February 14, 1872. 2. Repealed by Stats. 1905, p. 412. § 734. Only national guard shall drill or parade with arms. Exception. It shall not be lawful for any body of men whatever, other than the re2;iilar organized national guard of this state, and the troops of the United States, to associate themselves tosrether as a military company or or- ganization, to drill or parade with arms in any city or town of this state, without the license of the governor thereof, which license may at any time be revoked ; and provided fur- ther, that students in educational institutions where military science is a part of the course of instruction may, with the consent of the governor, drill and parade with arms in pub- lic under the superintendence of their instructor; provided, that nothing herein contained shall be construed so as to prevent benevolent or social organizations from wearing swords. And any person or persons violating any of the provisions of this section shall 1 e guilty of a misdemeanor, and subject to arrest and punishment therefor. Legislation § 734. Added by Stats. 1895, p. 193. 411 IMPEACHMENT OF PUBLIC OFFICERS. § 738 TITLE II. Judicial Proceedings for the Removal of Public Officers by Impeachment or Otherwise. Chapter I. Impeachments. §§ 737-7")3. IT. Eemoval of Civil Officers Otherwise Than by Impeach- ment. §§ 758-772. CHAPTER I. Impeachments. § 737. Officers liable to impeachment. § 738. Articles, how prepared. Trial by senate. § 739. Articles of impeachment. § 740. Time of hearing. Service on defendant. § 741. Service, how made. § 742. Proceedings on failure to appear. § 743. Defendant, after appearance, may answer or demur. § 744. If demurrer is overruled, defendant must answer. § 74.5. Senate to be sworn. § 746. Two thirds necessary to a conviction. § 747. Judgment on conviction, ho-w pronounced. § 748. Same. § 749. Nature of the judgment. § 7.50. Effect of judgment of suspension. § 751. Officer, when impeached, disqualified until acquitted. Gov- ernor to temporarily fill vacancy. § 752. Presiding officer when lieutenant-governor is impeached. § 753. Impeachment not a bar to indictment. § 737. Officers liable to impeachment. The oovernor, lieutenant-governor, secretary of state, controller, treasurer, attorney-general, surveyor-general, chief justice, associate justices of the supreme court, and judges of- the sTiperior courts, are liable to impeachment for any misdemeanor in office. [Amendment approved 1880; Code Amdts. 1880, p. 3.] Impeachment. This section is taken from the first portion of § 18 of art. iv of the state constitution. Legislation § 737. 1. Enacted February 14, 1872; in substance the same as Grim. Prae. Act, Stats. 1851, p. 217, § 51. 2. Amended by Code Amdts. 1880, p. 3, changing "justices of the supreme court" to "chief justice, associate justices of the supreme court." 3. Kepeal by Stats. 1901, p. 480; unconstitutional. See note, § 5, ante. § 738. Articles, how prepared. Trial by senate. xVll im- peachments must be by resolution adopted, originated in, and conducted by managers elected by the assembly, who must prepare articles of impeachment, present them at the i; 742 PENAL COD?]. 4ri bill" ol* the seiijitc. ;iiix('('i)t where it is by law eoyiii/.abb' exclusively in tiie coui'ls ol" the United States; fuid except as herein otherwise provided, the jurisdietion ol' cwvy public, oifensc is in the county wherein it is eonuuitted. | Amendment approved 1905; Stats. 1f. Y. Code Grim. Proc, §133). ^ 784 I'KKAL CODE. 424 § 781. When an offense is committed partly in one county and partly in another. Whcii a |)iiltli<' oft'cnsc is coiniintted in part in one county and in part in another, or the acts or efl'cct.s tliereot' constitutin;^- or reipiisitc to the eonsununation of the offense oceur in two or niori; counties, the jurisdiction is in eitlier county. Legislation § 781. Kiiat-tcd l<\bruai-.v U, 1872 (N. Y. Code Crim. I'roo., § 134); in substaiice the same as Criin. Prae. Act, Stats. 1851, p. 221," § 87. § 782. When committed on the boundary, etc., of two or more counties. When a pul)lic offense is coniniitted on the honmhiry oi' two or more counties, or Avithin five hujulred yards thereof, the jurisdiction is in either county. Legislation § 782. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 135); in substance the same as Crim. Prac. Act, Stats. 1851, p. 221, §SS. § 783. Offenses on ships or cars, jurisdiction of. When an offense is committed in this state, on board a vessel navi- liating a river, bay, slouch, lake, or canal, or lyino; therein, in the prosecution of her voyage, the jurisdiction is in any county through which the vessel is navigated in the course of her voyage, or in the county where the voyage terminates; and when the offense is committed in this state, on a rail- road train or car prosecuting its trip, the jurisdiction is in any county through which the train or car passes in the course of her trip, or in the county where the trip terminates. [Amendment approved 1876; Code Amdts. 1875-76, p. 116.] Legislation § 783. 1. Euacted February 14, 1872 (N. Y. Code Crim. Proc, §§ 136, 137); based on Crim. Prac. Act, Stats. 1851, p. 221, § 89, which read: "§ 89. When an offense is committed within this state on board a vessel navigating a river, bay, or slue, [slough,]' or lying therein in the prosecution of her voyage, the jurisdiction shall be in any county through which the vessel is navi- gated in the course of her voyage, or in the county where the voy- age shall terminate." 2. Amended by Code Amdts. 1875-76, p. 116, adding the final clause, beginning "and when the offense is committed in this state." § 784. Kidnaping or abduction. The jurisdiction of a criminal action : 1. For forcibly and without law-ful authority seizing and confining another, or inveigling or kidnaping him, with intent, against his will, to cause him to be secretly confined or imprisoned in this state, or to be sent out of the state, or from one county to another, or to be sold as a slave, or in any way held to service ; 2. For decoying, taking, or enticing away a child under the age of twelve years, witli intent to detain and conceal 425 LOCAL JURISDICTION OF PUBLIC OFFENSES. § 785 it from its parent, guardian, oi- other person having the law- ful charge of the child ; 3. For inveigling, enticing, or taking away an unmarried female of previous chaste character, under the age of eighteen years, for the purpose of prostitution; or, 4. For taking away any female, under the age of sixteen years, from her father, mother, guardian, or other person having the legal charge of her person, v\dthout their consent, either for the purpose of concubinage or prostitution ; Is in the county in which the offense is committed, or out of wdiich the person upon whom the offense was committed has, in the commission of the offense, been taken, or in which an act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of tlie offense, or in aletting the parties concerned therein. [Amendment ap- proved 1905; Stats. 1905, p. 692.] Enticing away children: Seo ante, § 278. Enticing away unmarried female: See ante, §§ 267, 268. Kidnaping for purpose of slavery: See ante, § 207. Abducting or kidnaping of infant for prostitution: See ante, § 267. Legislation § 784. 1. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 221, § 90, which read: "§ 90. The jurisdic- tion of an indictment for the crime of forcibly stealing, taking, or arresting any man, woman, or child in this state, and carrying him or her into any other courtty, state, or territory, or for forcibly tak- ing or arresting any person or persons whomsoever, with a design to take him or her out of this state, without having established a claim according to the laws of the United States, or for hiring, per- suading, enticing, decoying, or seducing by false promises, misrep- resentations, and the like, any negro, mulatto, or colored person to go out of this state, to be taken or removed therefrom for the pur- pose and with the intent to sell such negro, mulatto, or colored per- son into slavery or involuntary servitude, or otherwise to employ him or her for his or her own use or the use of another, without the free will and consent of such negro, mulatto, or colored person, shall be, in any county in which the offense is committed, or into or out of which the person upon whom the offense was committed may in the prosecution of the offense have been brought, or in which an act shall be done by the offender in instigating, procuring, promot- ing, aiding in, or being accessory to the commission of the offense, or in abetting the parties therein concerned." 2. Amended by Code Amdts. 1880, p. 11, in introductory para- graph, substituting "a criminal action" for "an indictment." 3. Amendment by Stats. 1901, p. 481; unconstitutional. See note, § 5, ante. 4. Amended by Stats. 1905, p. 692, (1) in subds. 1 and 2, omitting the conjunction "or" from the end of the subdivisions; (2) in subd. 3, changing "twenty-five years" to "eighteen years"; (3) in final paragraph, changing "may, in the commission of the offense, have been brought" to "has in the commission of tlie offense, been taken." § 785. Jurisdiction of an indictment for bigamy or incest. When the oft'ense, either of bigamy or incest, is committed i5 789 PENAL CODK. 426 ill oiu> county and tlio dd'cndant is appi'dicndcd in another, the jurisdiction is in eithei' county. Legislation § 785. Enacted February 14. 1872; in substance the same as Crim. Prac. Act, Stats. 1851, p. 222, § 91. § 786. When property is feloniously taken in one county and brought into another. When i)ioperty taken in one county by burghiry, robbery, larceny, or eml)ez/leinent, has been broiiiiht into another, the jurisdiction of the offense is in either county. But it' at any time before the conviction of the defendant in the latter, he is indicted in the former county, the sheriff of the latter county must, upon demand, deliver him to the sheriff of the former. Bringing stolen property into state: See ante, § 27, subd. 2, § 497; post, § 789. Legislation § 786. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 222, § 92, which read: "§92. When prop- erty feloniously taken in one county by burglary, robbery, larceny, or embezzlement, has been brought into another, the jurisdiction of the offense shall be in either county. But if at any time before the conviction of the defendant in the latter he be indicted in the former country, [county,] the sheriff of the latter county shall, upon demand, deliver him to the slieriff of the former county, upon being served with a copy of the indictment, and upon receipt, indorsed thereon by the sheriff of the former county, of the body of the offender, and shall on filing the copy of the indictment and receipt, be exonerated from all liability in respect to the custody of the offender." §787. Jurisdiction of criminal action for escaping from prison. Tlie jurisdiction of a criminal action for escapin^^ from prison is in any county of the state. [Amendment ap- proved 1880; Code Amdts. 1880, p. 11.] Legislation § 787. 1. Enacted February 14, 1872; based on Stats. 1855, p. 203, § 1. 2. Amended by Code Amdts. 1880, p. 11, substituting "a criminal action" for "an indictment." §788. Jurisdiction of a criminal action for treason com mitted out of the state. The jurisdiction of a criminal action for treason, Avhen the overt act is committed out of the state, is in any county of the state. [Amendment approved 1880 ; Code Amdts. 1880, p. 11.] Legislation § 788. 1. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 231, § 17. 2. Amended by Code Amdts. 1880, p. 11, substituting "a criminal action" for "an indictment." § 789. Stealing property in another state and bringing it into this state. The jurisdiction of a criminal action for stealiuj^' or embezzling, in any other state, the i)roperty of another, or receiving it knowing' it to liave been stolen or 427 LOCAL JURISDICTION OF PUBLIC OFFENSES. § 792 embezzled, and bringing the same into this state, is in any county into or through which such stolen or embezzled prop- erty has been brought. [Amendment approved 1905 ; Stats. 1905, p. 693.] Receiving stolen or embezzled property out of state: See ante, §497. Crime committed by person out of state: Ante, §§ 27, subd. 2, 497. Taking stolen property from one county to another: Ante, § 786. Bringing stolen property into state: See ante, §§ 27, 497. Legislation § 789. 1. Enacted February 14, 1872; based on Field's , Draft, § 600, N. Y. Pen. Code, § 540. 2. Amended by Code Anidts. 1880, p. 11, substituting "a criminal action" for "an indictment." 3. Amendment by Stats. 1901, p. 482; unconstitutional. See note, § 5, ante. 4. Amended by Stats. 1905, p. 693, adding (1) "or embezzling" after "stealing," and (2) "or embezzled" after "stolen" in both instances. § 790. Jurisdiction of a criminal action for murder, etc., where injury was inflicted in one county and party dies out of that county. The jurisdiction of a criminal action for murder or manslaughter, when the injury which caused the death was inflicted in one county, and the party injured dies in another county or out of the state, is in the county where the injury was inflicted. [Amendment approved 1880 ; Code Amdts. 1880, p. 11.] Legislation § 790. 1. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 232, § 28. 2. Amended by Code Anidts. 1880, p. 11, substituting "a criminal action" for "an indictment." § 791. Of an indictment against an accessory. In the case of an accessory in the commission of a public offense, the jurisdiction is in the county where the offense of the accessory was committed, notAvithstanding the principal offense was committed in another county. Accessories: See ante, §§ 30, 31, 32. Legislation § 791. Enacted February 14, 1872; based on Grim. Prac. Act, Stats. 1851, p. 222, § 93, which read: "§ 93. In the case of an accessory before or after the fact in the commission of a public offense, the jurisdiction shall be in the county where the offense of the accessory was committed, notwithstanding the prin- cipal offense was committed in another county." The code commis- sioners say: "The distinction between an accessory before the fact and the principal being abolished by this code, and the word 'ac- cessory' substituted for 'accessory after the fact,' this section has been modified to adapt it to the changes made." § 792. Jurisdiction in cases of principals who are not present, etc., at commission of principal offense. The juris- diction of a criiniiuil action against a principal in the com- § 795 PENAL CODE. 428 mission of a public offense, when such principal is not pres- ent at the commission of the principal offense, is in the same county it would be under this code it* he were so present and aiding and abetting therein. [Amendment approved 1880; Code Amdts. 1880,^p. 11.] Legislation § 792. 1. Enacted February 14, 1872. 2. Aniondefl by Code Amdts. 1880, p. 11, sub.stituting '"a criminal action" for "an indictment. " § 793. Conviction or acquittal in another state a bar, where the jurisdiction is concurrent. When an act charged as a public offense is within the jurisdiction of another state or country, as well as of this state, a conviction or acquittal thereof in the former is a bar to the prosecution or indict- ment therefor in this state. Foreign conviction or acquittal: See ante, § 65G; post, § 794. Legislation § 793. Enacted Februarv 14. 1872 (N. Y. Code Crim. Proc, § 1.39); based on Crim. Prac. Act, Stats. 1851, p. 222, § 94, wliich read: "§94. When an act charged as a public offense is within the jurisdiction of another state or territory as well as of this state, a conviction or acquittal thereof in such state or terri- tory shall be a bar to a prosecution therefor in this state." § 794. Conviction or acquittal in another county a bar. where the jurisdiction is concurrent. \Yhen an oft'ense is within the jurisdiction of two or more counties, a conviction or acquittal thereof in one county is a bar to a prosecution or indictment therefor in another. Foreign conviction or acquittal: See ante, §§ 656, 668, 793. Legislation § 794. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 140); based on Crim. Prac. Act, Stats. 1851, p. 222, § 95. § 795. Jurisdiction in certain cases. The jurisdiction of a violation of sections foiu* hundred and twelve, four hun- dred and thirteen, and four hundred arid fourteen of the Penal Code, or a conspiracy to violate either of said sections, is, in any county: First. In which any act is done towards the commission of the offense ; or. Second. Into, out of, or through which the offender passed to commit the offense ; or, Third. Where the offender is arrested. Legislation § 795. Added by Code Amdts. 1873-74, p. 466. 429 TIME OF COMMENCING CRIMINAL ACTIONS. § 802 CHAPTER II. Time of Commencing Criminal Actions. § 799. No limitation in certain crimes. § 800. Limitation of three years in all other felonies. § 801. Limitation of one year in misdemeanors. § 802. Exception when defendant is out of the state. § 803. Indictment found, when presented and filed. § 799. No limitation in certain crimes. There is no limi- tation of time within which a prosecution for murder, the embezzlement of public moneys, and the falsification of pub- lic records must be commenced. Prosecution for murder may be commenced at any time after the death of the person killed, and for the embezzlement of public money or the falsification of public records, at any time after the discovery of the crime. [Amendment approved 1891; Stats. 1891, p. 192.] Legislation § 799. 1. Enacted February 14, 1872 (N. Y. Code Grim. Proc, § 141); in substance the same as Grim. Prac. Act, Stats. 1851, p. 222, § 96. When enacted in 1872, § 799 read: "799. There is no limitation of time within which a prosecution for murder must be commenced. It may be commenced at any time after the death of the person killed." 2. Amended by Stats. 1891, p. 192. § 800. Limitation of three years in all other felonies. An indictment for any other felony than murder, tlie embezzle- ment of public money, or the falsification of public records,, must be found, or an information filed, within three years after its commission. [Amendment approved 1891 ; Stats. 1891, p. 193.] Legislation § 800. 1. Enacted February 14, 1872 (N. Y. Code Grim. Proc, § 142) ; in exact language of Grim. Prac. Act, Stats. 1851, p. 222, § 97. When enacted in 1872, § 800 read: "800. An indict- ment for any other felony than murder must be found within three years after its commission." 2. Amended by by Code Amdts. 1880, p. 12, inserting, "or an in- formation filed" after "must be found." 3. Amended by Stats. 1891, p. 193. § 801. Limitation of one year in misdemeanors. An in- dictment for any misdemeanor must be found or an informa- tion filed within one year after its commission. [Amend- ment approved 1880; Code Amdts. 1880, p. 12.] Legislation § 801. 1. Enacted February 14, 1872 (N. Y. Code Grim. Proc, § 142); in exact language of Grim. Prac. Act, Stats. 1851, p. 222, § 98. .2. Amended by Code Amdts. 1880, p. 12, inserting "or an informa- tion filed" after "must be found." § 802. Exception when defendant is out of the state. If, when the offense is committed, the defendant is out of the § 807 PENAL CODE. 430 state, the indic'tiiieMt may l)e round or an infoi'inatioii IWvaI within the tcnn licrein iimiled aftei- ids coininu within llie state, and no time dui'ini; whicli tlu! dei'endaid is not an inhabitant of, or nsnally ]'esi(h'n1 witldn tins state, is part ot" tlie limitation. | Aiiicndinciil approved 1880; Code Amdts. 1880, p. 12.1 Legislation § 802. 1. iMuu-tod February 14, 1872 (N. Y. Code Crim. i'roc, § 143); in substance the same as Crim. Prac. Act, Stats. 1851, p. 222, § 99. 2. Amended by Code Amdts. 1880, p. 12, (1) inserting "or an in- formation filed" after "may be found," and (2) substituting "this state" for "the state.'-' § 803. Indictment found, when presented and filed. An indictment is found, within the meaning of this chapter, when it is presented by the grand jury in open court, and there received and filed. Legislation § 803. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 144) ; in substance the same as Crim. Prac. Act, Stats. 1851, p. 222, § 100. CIIAPTEE III. The Inforination. S 80G. Complaint defined. § 807. Magistrate defined. § 808. Who are magistrates. § 809. Filing information after examination and commitment. § 810. Information, when lost, copy may be filed. § 806. Complaint defined. The complaint is the allega- tion ill wanting made to a court or magistrate that a person has been guilty of some designated offense. [Amendment approved 1880; Code Amdts. 1880, p. 12.] Information of threatened offense: See ante, § 701. Legislation § 806. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc. §145); based on Crim. Prac. Act, Stats. 1851, p. 223, § 101, which read: "§ 101. The complaint is the allegation made to a mag- istrate that a person has been guilty of some designated offense." 2. Amended by Code Amdts. 1880, p. 12, (1) substituting "com- plaint" for "information," and (.2) adding "court or" before "magis- trate." § 807. Magistrate defined. A magistrate is an officer having powder to issue a warrant for the arrest of a person charged with a public offense. Legislation § 807. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §146); in exact language of Crim. Prac Act, Stats. 1851, p. 223, § 102. The code commissioners say: "The definition of the term 'magistrate,' as used throughout this code, is here given, to save unnecessary repetition of the ofScial names of the officers who come within this description." 431 THE INFORMATION. ^ SIO § 808. Who are magistrates. The following persons are magistrates : 1. The justices of the supreme court; 2. The judges of the superior court; 3. Justices of the peace ; 4. Police magistrates in towns or cities. [Amendment ap- proved 1880; Code Amdts. 1880, p. 7.] Legislation § 808. 1. Enacted February 14. 1872 (N. Y. Code Crim. Proc, §147); based on Crim. Prac. Act, Stats. 18.51, p. 223, § 103, which read: "§ 103. The following persons are magistrates: 1st. The justices of the supreme court; 2d. The district judges; 3d. The county judges; 4th. Justices of the peace; 5th. The recorders of cities; and, 6th. The mayors of cities, upon whom are conferred by law the powers of justices of the peace." When enacted in 1872 § 808 read: "808. The following persons are magistrates: 1. The justices of the supreme court; 2. The district judges; 3. The county judges; 4. The judge of the municipal criminal court of San Fran- cisco; 5. Justices of the peace; 6. Police magistrates in towns or cities." 2. Amended by Code Amdts. 1880, p. 7. § 809. Filing- information after examination and commit- ment. When a defendant has been examined and committed, as provided in section eight hundred and seventy-two of this code, it shall be the duty of the district attorney, within thirty days thereafter, to file in the superior conrt of the county in which the offense is triable an information charging the defendant with snch offense. The information shall be in the name of the people of the state of California, and sub- scribed by the district attorney, and shall be in form like an indictment for the same offense. Infonnation, form of: See post, § 951. Time to file information: See post, § 1382. Legislations 809. Added by Code Amdts. 1880, p. 12. § 810. Information, when lost, copy may be filed. If the information or other pleading in any criminal action now pending, or which may be hereafter commenced, has hereto- fore been lost or destroyed, or shall hereafter be lost or destroyed, the court must upon the application of the attorney-general, district attorney, or the defendant, order a copy of the information or other pleading to be filed and substituted for the original, and when filed and substituted, as provided in this section, it shall have the same force and effect as if it were the original information or other plead- ing. Legislation § 810. Added by Stats. 1907, p. 889. § 813 I'ENAI. CODE. 432 CllArTEK IV. The Warrant of Arrest. §811. Exaniiuation of the prosecutor .niid his witnesses upon the in- formation. § 812. Depositions, what to contain. § 813. When warrant may issue. § 814. Form of warrant. § 815. Name or description of the defendant in the warrant, and statement of the offense. § SIG. Warrant to be directed to and executed by peace-ofTicer. § 817. Peace-officers. § 818. To what peace-officers warrants are to be directed. § 819. Same; and when and how executed in another county. § 820. Indorsement on the warrant for service in another county, how and upon what proof to be made. § 821. Defendant to be taken before the magistrate issuing the war- rant, etc, § 822. Defendant arrested for misdemeanor in another county, to be admitted to bail. § 823. Proceedings on taking bail from tlie defendant in such cases. § 824. When bail is not given. When magistrate who issued warrant cannot act. § 82o. Right of attorney to visit prisoner. § 82(J. Proceedings where defendant is taken before anotlier mngis- trate. § 827. Proceedings for offenses triable in another county. § 828. Duty of officer. § 829. Admission to bail. § 811. Examination of the prosecutor and his witnesses upon the information. When an information is laid before a magistrate of the commission of a public offense, triable within the county, he must examine on oath the informant or prosecutor, and any Avitnesses he may produce, and take their depositions in writing, and cause them to be subscribed by the parties making them. Magistrates, who are: See ante, § 808. As to examination on commission, see post, §§ 1349 et seq. Legislation § 811. 1. Enacted February 14, 1872 (N. Y. Code Grim. Proc, § 148); in substance the same as Crim. Prac. Act, Stats. 1851, p. 223, § 104. 2. Amendment by Stats. 1901, p. 482; unconstitutional. See note, § 5, ante. § 812. Depositions, what to contain. The deposition must set forth the facts stated by the prosecutor and his witnesses, tending to establish the commission of the offense and the guilt of the defendant. Legislation § 812. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §149); in exact language of Crim. Prac. Act, Stats. 1851, p. 223, § lOo. § 813. When warrant may issue. If the magistrate is satisfied therefrom that the offense complained of has been 433 THE WARRANT OF ARREST. § 816 committed, and that there is reasonable ground to believe that the defendant has coiinnitted it, he must issue a war- rant of arrest. Warrant of arrest, issuance of: See post, § 1427. Legislation § 813. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § I-IO); in substanee the same as Crim. Prac. Act, Stats. 1851, p. 223, § 106. § 814. Form of warrant. A warrant of arrest is an order in writing, in the name of the people, signed by a magistrate, commanding the arrest of the defendant, and may be substantially in the following form : . County of . The People of the State of California to any Sheriff, Con- stable, Marshal, or Policeman of said State, or of the County of : Information on oath having been this day laid before me, by A. B., that the crime of (designating it) has been committed, and accusing C. D. thereof, you are therefore commanded forthwith to arrest the above-named C. D. and bring him before me at (naming the place), or in case of my absence or inability to act, before the nearest or most acces- sible magistrate in this county. Dated at this day of , eighteen [nineteen] Form of warrant of arrest: See post, § 1427. Before whom to be taken: See post, § 824. Legislation § 814. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 151); in substance the same as Crim. Prac. Act, Stats. 1851, p. 223, § 107. § 815. Name or description of the defendant in the war- rant, and statement of the offense. The warrant must spe- cify the name of the defendant, or, if it is unknown to the magistrate, the defendant may -be designated therein by any name. It must also state the time of issuing it, and the county, city, or town Avhere it is issued, and be signed by the magistrate, with his name of office. Legislation § 815. Enacted February 14, 1872 (N. Y. Code Crim. Proc, g 152); iu substance the same as Crim Prac. Act, Stats. 1851, p. 224, § 108. § 816. Warrant to be directed to and executed by a peace- officer. The warrant must be directed to and executed by a peace-officer. Legislation § 816. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §153); in exact lanauage of Crim. Prac. Act, Stats. 1851, p. 224, § 109. Pen. Code — 28 § 820 I'EXAL CODE. 434 §817. Peace-officers. A peace-officer is a sherifT of a poiinly, 01- a eon.slal)Ie, marshal, or policeman of a town- siiip, city, or town, oi- inspectors of the California state hoard of pharmacy, not exceeding ten in numl)er. | Amend- ment ai)pr(>v.Ml ini.S; Stats. 1913, p. 206.] Legislation § 817. 1. Enacted Fobruaiy 14, 1872 (N. Y. Code Crim. Proe., § 154); based on Criin. Prac. Act, Stats. 18.31, p. 224, § 110, which read: "§ 110. Peace-officers are sheriffs of counties, and con- stables, marshals, and policemen, of cities and towns, respectively." As enacted in 1872 it read: "A peace-officer is a sheriff of a county, or a constable, marshal, or policeman of a townsliip, city, or town." 2. Amended by Stats. 1913, p. 206. * § 818. To what peace-officers warrants are to te directed. If a warrant is issued by a justice of the supreme court, or judge of a superior court, it may be directed generally to any sheriff, constable, marshal, or policeman in the state, and may be executed by any of those officers to whom it may be delivered. [Amendment approved 188Q; Code Amdts. 1880, p. 33.] Legislation § 818. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §155); based on Crim. Prac. Act, Stats. 1851, p. 224, § 111, which read: "§ 111. If a warrant be issued by a justice of the su- preme court, district judge, or county judge, it may be directed gen- erally to any sheriff, constable, marshal, or policeman, in this state, and may be executed by any of those officers to whom it may be delivered." When enacted in 1872, § 818, read: "818. If a war- rant is issued by a justice of the supreme court, district judge, county judge, or judge of the municipal criminal court of San Fran- cisco, it may be directed generally to any sheriff, constable, mar- shal, or policeman in the state, and may be executed by any of those officers to whom it may be delivered." 2, Amended by Code Amdts. 1880, p. 33. § 819. Same ; and when and how executed in another county. If it is issued by any other magistrate, it may be directed generally to any sheriff, constable, marshal, or policeman in the eounty in which it is issued, and may be executed in that county; or, if the defendant is in another county, it may be executed therein upon the written direc- tion of a magistrate of that count}^, indorsed upon the war- rant, signed by him, with his name of office, and dated at the county, city, or town where it is made, to the following effect: "This warrant may be executed in the county of " (naming the county). Legislation § 819. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 156); in substance the same as Crim. Prac. Act, Stats. 1851, p. 224, § 112. § 820. Indorsement on the warrant for service in another county, how and upon what proof to be made. The indorse- 435 THE WARRANT OF ARKEST. § 823 ment mentioned in the last section cannot, however, be made unless the warrant of arrest be accompanied with a certificate of tlie clerk of the county where such warrant was issued, under the seal of the superior court thereof, as to the otlficial character of the magistrate, or, unless upon the oath of a credible witness, in writing, indorsed on or annexed to the warrant, proving the handwriting of the magistrate by whom it was issued. Upon such proof, the magistrate indorsing the warrant is exempted from liability to a civil or criminal action, though it afterwards appear that the warrant was illegally or improperly issued. [Amendment approved 1880; Code Amdts. 1880, p. 33.] Legislation § 820. 1. Enacted February 14, 1872 (N". Y. Code Grim. Proc, § 157); iu substance the same as Crim. Prac. Act, Stats. 1851, p. 224, § 11.3. 2. Amended by Code Amdts. 1880, p. 33, in first sentence, chan- ging "county court" to "superior court." § 821. Defendant to be taken before the magistrate issu- ing the warrant, etc. If the otfense charged is a felony, the officer making the arrest must take the defendant before the magistrate who issued the warrant, or some other magistrate of the same county, as provided in section eight hundred and twenty-four. Defendant must be taken before magistrate who issued warrant: Post, •§ 824. Defendant to be taken before nearest magistrate: See post, §§ 822, 827, 828. Legislation § 821. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 15S); in substance the same as Crim. Prac. Act, Stats. 1851, p. 224, § 114. § 822. Defendant arrested for misdemeanor in another county, to be admitted to bail. If the offense charged is a misdemeanor, and the defendant is arrested in another county, the officer must, upon being required by the defend- ant, take him before a magistrate in that county, who must admit the defendant to bail, and take bail from him accord- ingly. Defendant to be taken before what magistrate: See ante, § 821; post, §§ 827, 828. Legislation § 822. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 159); in substance the same as Crim. Prac. Act, Stats. 1851, p. 224, § 115. § 823. Proceedings on taking bail from the defendant in such cases. On taking the bail, the magistrate must certify that fact on the warrant, and deliver the warrant and under- taking of liail to the officer having charge of the defendant. The officer must then discharge the defendant from arrest, 5j 825 I'ENAL CODE. 436 ;uid must, ^vithout delay, deliver the warrant and under- lakiiig to the clerk ol' the coiii-t Jit \\liicli tlu^ (Id'endant is i) ; in substance the same as Crim. Prac. Act, Stats. 1851, p. 229, § 161. 2. Amended by Stats. 1915, p. 772. The change consisted in the addition of the proviso. § 869. Testimony, how taken and authenticated. The testimony of each witness in cases of homicide must be re- duced to writing, as a deposition, by the magistrate, or under his direction, and in other cases upon the demand of the prosecuting attorney, or the defendant, or his counsel. The magistrate before whom the examination is had may, in his discretion, order the testimony and proceedings to be taken down in shorthand in all examinations herein mentioned, and for that purpose he may appoint a shorthand reporter. The deposition or testimony of the witness must be authen- ticated in the following form : First. It must state the name of the witness, his place of residence, and his business or profession. Second. It must contain the questions put to the witness and his answers thereto, each answer being distinctly read to him as it is taken down, and lieing corrected or added to until it conforms to what he declares is the truth, except in cases where the testimony is taken down in shorthand, the answer or answers of the witness need not be read to him. § 869 I'ENAL CODK. 448 Third. If a (lucstioii put ho objected to on ritluM- side and overruled, or tlie witness deelines answerin-^' it, that 1"act, with the firouiid on wliieh the (juestion was overruled or the answer declined, must be stated. Fourth. The deposition must be si<,'ned by the witness, or if he refuses to Hv^n it. his reason for refusing must be stated in writing-, as he f mind exists on his part in reference to the case, or to either § 900 PENAL CODE. 458 party, wliich will prevent him from acting impartially and without {)rejudice to the substantial rights of the party challenging; but no person shall be disqualified as a juror by reason of having formed or expressed an opinion upon the matter or cause to be submitted to such jury, founded upon public rumor, statements in public jour- nals, or common notoriety, provided it satisfactorily appear to the court ui)on his declaration, under oath or otherwise, that he can and will, not withstanding such an opinion, act impartially and fairly upon the matters to be submitted to him." 3. Eepealed by Stats. 1911, p. 434, §897. How made, etc. [Repealed 1911; Stats. 1911, p. 434.] Trial of challenge: See post, § 1078. Legislation § 897. 1. Enacted Febryarv 14, 1872 (N. Y. Code Crim. Proc, §240); based on Crim. Prac." Act, Stats. 1851, p. 232, § 184, which read: "§ 184. The challenges mentioned in the last three sections may be oral, and shall be entered upon the minutes, and tried by the court in the same manner as challenges in the case of a trial jury, which are triable by the court." When enacted in 1872, § 897 read: "897. The challenges mentioned in the last three sections may be oral, and must be entered upon the minutes, or taken down by the reporter, and tried by the court in the same manner as challenges in the case of a trial jury, which are triable by the court." 2. Amended by Code Amdts. 1873-74, p. 436, to read: "The chal- lenges mentioned in the last three sections may be oral or in writ ing, and must be tried by the court." 3. Eepealed by Stats. i911, p. 434. § 898. Decision upon challenges. [Repealed 1911 ; Stats. 1911, p. 434.] Similar provision as to trial juror: See post, § 1083. Legislation § 898. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 241); in substance the same as Crim. Prac. Act, Stats. 1851, p. 232, § 185. As enacted in 1872 the section read: "The court must allow or disallow the challenge, and the clerk must enter its decisions upon the minutes." 2, Repealed by Stats. 1911, p. 434. § 899. Effect of allowing a challenge to a panel. [Re- pealed 1911; Stats. 1911, p. 434.] Legislation § 899. 1. Enacted February 14, 1872; in substance the same as Crim. Prac. Act, Stats. 1851, p. 232, § 186. As enacted in 1872 it read: "If a challenge to the panel is allowed, the grand jury are prohibited from inquiring into the charge against the defendant, by whom the challenge was interposed. If, notwith- standing, they do so, and find an indictment against him, the court must direct it to be set aside." 2. Repealed by Stats. 1911, p. 434. § 900. Effect of allowing challenge to an individual juror. [Repealed 111; Stats. 1911, p. 434.] Grand juror acting after allowance of challenge: See ante, § 164. Legislation § 900. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §§242, 2^3); based on Crim. Prac Act, Stats. 1851, 459 FORMATION OF THE GRAND JURY. § 903 p. 232, §§ 187, 188, which read: "§187. If a cballenge to an indi- vidual grand juror be allowed, he shall not be present or take part in the consideration of the charge against the 'lefendant who inter- posed the challenge or the deliberations of tho grand jury thereon. § 188. The grand jury shall inform the court of a violation of the last section, and it shall be punished by the court as a contempt." The section as enacted in 1872 read: "If a challenge to an indi- vidual grand juror is allowed, he cannot be present or take part in the consideration of the charge against the defendant who inter- posed the challenge, or the deliberations of the grand jury thereon. The grand jury must inform the court of a violation of this section, and it is punishable by the court as a contempt." 2. Repealed by Stats. 1911, p. 434. § 901. Objections can only be taken by challenge. [Re- pealed 1911; Stats. 1911, p. 434.] Legislation § 901. 1. Enacted February 14, 1872; based on Crim. Prae. Act, Stats. 1831, p. 233, § 189, the final words of which read, "in no other mode than that by chalLsnge, as prescribed in the preceding section." The section as enacted in 1872 read: "A person held to answer to a charge for a public offense can take advantage of any objection to the panel or to au individual grand juror in no other mode than by challenge." 2. Repealed by Stats. 1911, p. 434. § 902. Appointment of a foreman. From the persons summoned to serve as grand jurors and appearing, the court must appoint a foreman. The court must also appoint a foreman Avhen the person already appointed is excused or discharged before the grand jury is dismissed. Legislation § 902. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §244); based on Crim. Prac. Act, Stats. 1851, p. 233, § 190, which had "shall" instead of "must" in both instances. §903. Oath to foreman. Tbe following oath must be administered to the foreman of the grand jury: "You, as foreman of the grand jury, will diligently inquire into, and true presentment make, of all public offenses against the people of this state, committed or triable within this county, of which you shall have or can obtain legal evi- dence. You will keep your own counsel, and that of your fellows and of the government, and will not, except when required in the due course of judicial proceedings, disclose the testimony of any witness examined before you, nor any- thing which you or any other grand juror may have said, nor the manner in which you or any other grand juror may have voted on any matter 1 efore you. You will present no person through malice, hatred, or ill-will, nor leave any un- presented through fear, favor, or affection, or for any reward, or the promise or hoi>e thereof; but in all your pre- sentments you will present the truth, the whole truth, and nothing but the truth, according to the best of your skill and § 906 PENAL CODL\ 460 understandiiij^, so lieli) xoii (Jod." [Ameiidmeiil ;ii)|)roved 1874; Code Amdts. 1871^4, p. 437.] Legislation § 803, 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 1245); based on Crini. Prac. Act, Stats. 1851, p. 233, § 191, which read: "§ 191. The following oath shall be adminis- tered to the foreman of the grand jury: 'You, as foreman of the grand jury, shall diligently inquire into, and true presentment make, of all public otfenses against the people of this state, committed or triable within this county, of which you have or can obtain legal evidence. Y'ou shall present no jierson through malice, hatreil, or ill-will, nor leave any unprcsented through fear, favor, or affection, or for any reward, or tlie promise or hope thereof; but in all your presentments you shall present the truth, the whole truth, and noth- ing but the truth, according to the best of your skill and under- standing, so, help you God." When § 903 was enacted in 1872, (1) "shall" was changed to "must" in the first two instances and (2) the word "shall" was inserted before "have or can" in first sentence of oath. 2. Amended by Code Amdts. 1873-74, p. 437, (1) the auxiliary verb "will" changed from "shall" in all the instances, and (2) the present second sentence added. § 904. Oath of other grand jurors. The following oath must be inimediatel}^ thereupon administered to the other grand jurors present: "The same oath which yonr foreman has now taken before you on his part, you and each of you shall well and truly observe on your part, so help you God." Legislation § 904. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 24G) ; based on Crim. Prac. Act, Stats. 1851, p. 233, § 192, which had "oath shall" instead of "oath must." § 905. Charge of the court. The grand jury being impan- eled and sworn, must be charged by the court. In doing so. the court must give them such information as it may deem proper, or as is required by law, as to their duties, and as to any charges for public offenses returned to the court or likely to come before the grand jury. Charge to grand jury: See post, § 928. Legislation § 905. Enacted February 14, 1872 (N. 1^ Code Crim. Proc, §248); based on Crim. Prac. Act, Stats. 1851, p. 233, § 193, which read: "§ 193. The grand jury being impaneled and sworn, shall be charged by the court. In doing so, the court shall give them such information as it may deem proper, as to the nature of their duties, and any charges for public offenses returned to the court or likely to come before the grand jury. The court need not, however, charge them respecting violations of any particular stat- ute." § 906. Retirement of the grand jury. Discharge of. The grand jury must then retire to a private room and inh, inserting "or informatiiin'' after "indictuKnit," and (2) in subd. 1, changing "indictment" to "same." § 951. Form of indictment. It may be sii])staiitially in the following- i'oriu : Tlie People of the State of California against A. B., in the Superior Court of the County of , the day of , A. D. eighteen [nineteen] . A. B. is accused by the grand jury of the county of , by this indictment (or by the district attorney by this information), of the crime of (giving its leg;il appellation, such as murder, arson, or the like, or designating it as felony or misde- meanor), committed as follows: The said A. B., on the day of , A. D. eighteen [nineteen] , at the county of (here set forth the act or omission charged as an of- fense), contrary to the form, force, and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of California. [Amend- ment approved 1880; Code Amdts. 1880, p. 12.] Sufficiency of indictment or information: See ante, §950; post, § 959. Information, form of: See ante, § 809. Legislation § 951. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §276); based on Crim. Prac. Act, Stats. 1851, p. 238, § 238, which read: "§ 238. It may be substantially in the following form: 'The People of the State of California against A. B. in the Court of Sessions of the County of , term A. D. 18—. A. B. is accused by the grand jury of the county of by this indictment, of the crime of (giving its legal appellation, such as murder, arson, manslaughter, or the like, as designating it as felony or misde- meanor) committed as follows: The said, A. B., on the day of A. D. 18 — at the county of (stating the act or omission constituting the offense, in the manner prescribed in this chapter, according to the forms mentioned in the next section where they are applicable)." When enacted in 1872, § 951 read: "951. It may be substantially in the following form: The People of the State of ("alifornia against A. B., in the County Court of the County of -, at its Term, A. D. eighteen : A. B. is accused by the grand jury of the county of , by this indictment, of the crime of (giving its legal appellation, such as murder, arson, or the like, or designating it as felony or misdemeanor), committed as follows: The said A. B., on the day of , A. D. eighteeen , at the county of (here set forth the act or omission charged as an offense)." 2. Amended by Code Amdts. 1880, p. 12. § 952. Indictment must be direct and certain. It must be direct and certain, as it regards : 475 RULES OF PLEADING AND FORM OP INDICTMENT. § 954 1. The party charged; 2. The offense charged; 3. The particular circumstances of the offense charged, when they are necessary to constitute a complete offense. Sufficiency of allegation of offense: See ante, §§ 950, 951; post, §959. Certainty: See post, § 959. Legislation § 952. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 238, § 239, the introductory paragraph of which read, "The indictment must be direct and contain as it re- gards," the subdivisions reading same as the code section. § 953, When defendant is indicted by fictitious name, etc. When a defendant is charged by a fictitious or erroneous name, and in any stage of the proceedings his true name is discovered, it must be inserted in the subsequent proceed- ings, referring to the fact of his being charged by the name mentioned in the indictment or information. [Amendment approved 1880; Code Amdts. 1880, p. 13.] Charging defendant by fictitious or erroneous name, proceedings at arraignment: See post, § 989. Legislation § 953. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 277); in substance the same as Crim. Prac. Act, Stats. 1851, p. 238, § 240. 2. Amended by Code Amdts. 1880, p. 13, (1) changing "indict- ment" to "charged" in both instances, and (2) adding "or informa- tion" at end of section. § 954. Two or more offenses in one indictment. The in- dictment or information may charge two or more different offenses connected together in their commission, or different statements of the same offense, or two or more different offenses of the same class of crimes or offenses, under sepa- rate counts, and if two or more indictments or informations are filed in such cases the court may order them to be con- solidated. The prosecution is not required to elect between the different offenses or counts set forth in the indictment or information, but the defendant may be convicted of any number of the offenses charged, and each offense upon which the defendant is convicted must be stated in the verdict; provided, that the court, in the interest of justice and for good cause shown, may, in its discretion, order that the different offenses or counts set forth in the indictment or information be tried separately, or divided into two or more groups and each of said groups tried separately. [Amendment approved 1915; Stats. 1915, p. 744.] Legislation § 854. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §§ 278, 279); based on Crim" Prac. Act, Stats. 1851, p. 238, § 241, which read: "§ 241. The indictment shall charge but one offense, but it may set forth that offense in different forms un- § 95G PENAL CODE. 470 flcr difTTeront comils." W'lioii emictcil in 1872, §9;")! read: "9.')4. Tho indictnu'iit iiiii.st (•h!irt,'c hut oiip offonso, and in one form orily, except that wIkmi the offense may ])v committed by tlie nse of different means, tlie indictment may allege tlu^ means in the alternative." 2. .\mendeil by To.le Amdts. 1873-74, \k 4.^7, to read: "i».)4. The indictment must cliarge l)ut one offense, l)ut the same offense may set forth in ditfercnt lorms under different counts, and, when the offense may be committed by tlie use of ditferent means, the means may be alleged in the alternative in the same count." 3. Amended by Code Amdts. 1880, \k 1.'!, adding "or information" after "indictment." 4. Amendment by Stats. 1901, p. 485; unconstitutional. Sec note, § 5, ante. 5. Amended by Stats. 1905, p. 772; the code commissioner saying, "The amendment is designed to authorize an offense to be set forth under different counts, and to excuse the prosecution from electing between them." The section then read: "The indictment or informa- tion may charge different offenses, or different statements of the same offense, under separate counts, but they must all relate to the same act, transaction, or event, and charges of offenses occurring at different and distinct times and places must not be joined. The prosecution is not required to elect between the different offenses or counts set forth in the indictment or information, but the defend- ant can be convicted of but one of the offenses charged, and the same must be stated in the verdict." 6. Amended by Stats. 1915, p. 744. § 955. Statement as to time when offense was committed. The precise time at which the offense was committed need not be stated in the indictment or information, but it may be alleged to have been committed at any time before the iinding or filing thereof, except where the time is a material ingredient in the offense. [Amendment approved 1880 ; (:!ode Amdts. 1880, p. 13.] Sufficiency of indictment or information: See post, § 959. Legislation § 955. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc. § 280); in substance the same as Crim. Prac. Act, Stats. 1851, p. 238, § 242. 2. Amended by Code Amdts. 1880, p. 13, (1) inserting "or informa- tion" after "indictment," and (2) "or filing" after "finding." § 956. Statement as to person injured or intended to be. When an offense involves the commission of, or an attempt to commit, a private injury, and is described with sufficient certainty in other respects to identify the act, an erroneous allegation as to the person injured, or intended to be in- jured, is not material. Legislation § 956. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §281); based on Crim. Prac. Act, Stats. 1851, p. 238, § 243, which read: § 243. When an offense involves the commission, or an attempt to commit private injury, and is described with sufficient certainty in other respects to identify the act, an erroneous allega- tion as to the person injured, or intended to be injured, shall not be deemed material." 477 RULES OF PLEADING AND FORM OF INDICTMENT. § Ud9 § 957. Construction of words used in an indictment or in- formation. The words used in an indictment or informa- tion are construed in tlieir usual acceptance in common lan- guage, except such words and phrases as are defined by law, which are construed according to their legal meaning. [Amendment approved 1880; Code Amdts. 1880, p. 13.] Words and phrases defined by law: See ante, § 7. Legislation § 957. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §282); based on Crira. Prac^Act, Stats. 1851, p. 238, § 244, which read: "§ 244. The words used in an indictment shall he construed in the usual acceptance in common language, except such words and phrases as are defined by law, which are to be con- strued according to their legal meaning." 2. Amended by Code Amdts. 1880, p. 13, inserting "or informa- tion" after "indictment." § 958. Construction of words used in a statute. AVords used in a statute to define a public offense need not be strictly pursued in the indictment or information, but other words conveying the same meaning may be used. [Amend- ment approved 1880; Code Amdts. 1880, p. 13.] Legislation § 958. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 283); in the exact language of Crim. Prac. Act, Stats. 1851, p. 238, § 245. 2. Amended by Code Amdts. 1880, p. 13, inserting "or informa- tion" after "indictment." § 959. Indictment or information, when sufficient. The indictment or information is sufficient if it can be under- stood therefrom : 1. That it is entitled in a court having authority to receive it, though the name of the court be not stated. 2. If an indictment, that it was found by a grand jury of the county in which the court was held, or if an information, that it was subscribed and presented to the court by the dis- trict attorney of the county in which the court was held. 3. That the defendant is named, or, if his name cannot be discovered, that he is described by a fictitious name, with a statement that his true name is to the jury or district attorney, as the case may be, unknown. 4. That the offense was committed at some place within the jurisdiction of the court, except Avhere the act, though done without the local jurisdiction of the county, is triable therein. 5. That the offense was committed at some time prior to the time of finding the indictment or filing of the informa- tion. 6. That the act or omission charged as the offense is clearly and distinctly set forth in ordinary and concise Ian- § 9G0 PENAL CODE. 478 giiage, Avithoiit repetition, and in siifli ;i manner as to enable a person of coninion understanding to know ^\•llat is in- tended. 7. Tliat the act or omission cliargcd as tlie offense is stated with siicli a degree of certainty as to enal)le the court to i)ro- nounce judgment upon a conviction, according to the right of the case. [Amendment approved 1880 ; Code Amdts. 1880, p. 13.] Form of indictment or information: See ante, § 951. Sufiiciency of allegation of offense: See ante, §§ 950, 951. " Certainty: Sec ante, § 952. / Indictment for particular crime: See particular crime. Finding of indictment: Auto, §910. ' Statement of acts constituting the offense: See ante, § 950. Number of counts in indictment: See ante, § 954. Legislation § 959. 1. Enacted Fchruarv 14, 1872 (N. Y. Code Crim. Proc'., § 284); based on Crim. Prac^Act, Stats. 1851, p. 238, §246, which read: "§246. The indictment shall be suflfieient if it can be understood therefrom: 1st. That it is entitled in a court having authority to receive it, though the name of the court be not actually set forth. 2d. That it was found by a grand jury of the county in which the court was held. 3d. That the defend- ant is named, or if his name cannot be discovered, that he be de- scribed by a fictitious name, with a statement that he has refused to discover his real name. 4th. That the offense was committed at some place within the jurisdiction of the court, except where, as provided by sections eighty-five to ninety-three, both inclusive, and as in the case of treason, the act, though done without the local jurisdiction of the county, is triable therein. 5th. That the offense was committed at some time prior to the time of finding the indict- ment. 6th. That the act or omission charged as the offense is clearly and distinctlj^ set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common imderstanding to know what is intended. 7th. That the act or omission charged as the offense is stated with such a degree of certainty as to enable the court to pronounce judgment upon a conviction according to the right of the case." When enacted in 1872, § 959 differed from the amendment of 1880 (the present sec- tion), (1) the introductory paragraph not having the words "or in- formation" after "indictment"; (2) subd. 2 reading, "2. If an indictment, that it was found by a grand jury of the county in which the court was held, or if an information, that it was subscribed and presented to the court by the district attorney of the county in which the court was held"; (3) in subd. 3, not having "or dis- trict attorney, as the case may be." after "to the jury"; (4) in subd. 5, not having "or filing of the information" at end of sub- division. 2. Amended by Code Amdts. 1880, p. 13. § 960. Indictment, etc., when not insufRcie'nt. No indict- ment or information is insufficient, nor can the trial, judg- ment, or other proceeding thereon be affected by reason of any defect or imperfection in matter of form Avhich does not tend to the prejudice of a substantial right of the de- 479 RULES OF PLEADING AND FORM OF INDICTMENT. § 964 fendant upon its merits. [Amendment approved 1880 ; Code Amdts. 1880, p. 14.] Errors not affecting substantial rights: See post, §§ 1258, 1404. Legislation § 960. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §285); based on Crim. Prac. Act, Stats. 1851, p. 239, § 247, which read: "§ 247. No indictment shall be deemed insuffi- cient, nor shall the trial, judgment, or other proceeding thereon be affected by reason of any defect or imperfection in matters of form which shall not tend to the prejudice of tiie defendant." 2. Amended by Code Amdts. 1880, p. 14, inserting "or informa- tion" after "indictment." § 961. Presumptions of law, etc., need not be stated. Neither presumptions of law, nor matters of "which judicial notice is taken, need be stated in an indictment or informa- tion. [Amendment approved 1880; Code Amdts. 1880, p. 14.] Legislation § 961. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 2S6); in substance the same as Crim. Prac. Act, Stats. 1851, p. 239, § 248. 2. Amended by Code Amdts. 1880, p. 14, inserting "or informa- tion" after "indictment," at end of section. § 962. Judgments, etc., how pleaded. In pleading a judg- ment or other determination of, or proceeding before, a court or officer of special jurisdiction, it is not necessary to state the facts constituting jurisdiction; but the judgment or determination may be stated as given or made, or the pro- ceedings had. The facts constituting jurisdiction, however, must be established on the trial. Legislation § 962. Enacted February 14, 1872 (N. Y. Code Crim. Proc, ? 287) ; in substance the same as Crim. Prac. Act, Stats. 1851, p. 239, § 249. § 963. Private statutes, how pleaded. In pleading a private statute, or a right derived therefrom, it is sufficient to refer to the statute by its title and the day of its pas- sage, and the court must thereupon take judicial notice thereof. Legislation § 963. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 2SS); in substance the same as Crim. Prac Act, Stats. 1851, p. 239, § 250. § 964. Pleading in indictment for libel. An indictment or information for libel need not set forth any extrinsic facts for the purpose of showing the application to the party libeled of the defamatory matter on which the indictment or information is founded ; but it is sufficient to state gen- erally that the same was published concerning him, and the fact that it was so published must be established on the § 967 PENAL CODE. 480 trial. [Amciulnicnt approved 1880; Code Aiiidts. 1880, p. 14.] Legislation § 96-1. 1. Enacted February 14, 1872 (N. Y. Code Crini. Proc. § 2S9); in substniico the same as Crim. Prac. Act, Stats. 18o], p. 2.^!), §2.51. 2. Ainoiidcd by Code .\iiidts. 1880, p. 14, iiiscrtiiiir "oj- informa- tion" after "indictment'" in l)oth instances. § 965. Pleading- in indictment or information for forgery, where instrument has been destroyed or withheld by defend- ant. When an instrument which is the subject of an indict- ment or information for forgery has been destroyed or with- held by the act or the procurement of the defendant, and the fact of such destruction or witliholding is alleged in the in- dictment, or information, and established on the trial, the misdescription of the instrument is immaterial. [Amend- ment approved 1880; Code Amdts. 1880, p. 14.] Legislation § 965. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proi'., § 290); in substance the same as Crim. Prac. Act, Stats. 1851, p. 239. § 2.52. 2. Amended by Code Amdts. 1880, p. 14, inserting "or informa- tion" after "indictment" in both instances. § 966. Pleading in an indictment or information for per- jury or subornation of perjury. In an indictment or in- formation for perjury, or subornation of perjury, it is suffi- cient to set forth the substance of the controversy or matter in respect to which the offense was committed, and in what court and before whom the oath alleged to be false was taken, and that the court, or the person before whom it was taken, had authority to administer it, with proper allega- tions of the falsity of the matter on which the perjury is assigned; but the indictment or information need not set forth the pleadings, record, or proceedings with which the oath is connected, nor the commission or authority of the court or person before Avhom the perjury was committed. [Amendment approved 1880; Code Amdts. 1880, p. 14.] Perjury and subornation of perjury: See ante, §§ 118, 127. Legislation § 966. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 291); in substance the same as Crim. Prac. Act, Stats. 1851, p. 239, § 253. 2. Amended by Code Amdts. 1880, p. 14, inserting "or informa- tion" after "indictment"' in both instances. § 967. Pleading in indictment or information for larceny or embezzlement. In an indictment or information for the larceny or embezzlement of money, bank notes, certificates of stock, or valuable securities, or for a conspiracy to cheat or defraud a person of any such property, it is sufficient to 481 RULES OF PLEADING AND FOKiM OF INDICTMENT. § 969 allege the larceny or embezzlement, or the conspiracy to cheat and defraud, to be of money, bank notes, certificates of stock, or valuable securities, without specifying the coin, number, denomination, or kind thereof. [Amendment ap- proved 1880; Code Amdts. 1880, p. 15.] Pleading: See ante, §§ 954, 958. Legislation § 967. 1. Enacted February 14, 1872, and then read: "967. In an indictment for the larceny or embezzlement of money, bank notes, sliares of stock, or valuable securities, it is sufficient to allege the larceny or embezzlement to be of money, bank notes, shares of stock, or valuable securities, without specifying the coin, number, denomination, or kind thereof." 2. Amended by Code Amdts. 1873-74, p. 438, differing from the amendm.ent of 1880 (the present section), (1) not having the words "or information" after "In an indictment," and (2) having "cheat and defraud" instead of "cheat or defraud" in first instance. 3. Amended by Code Amdts. 1880, p. 15. § 968. Pleading" in an indictment or information for sell- ing', etc., lewd and obscene books. An indictment or in- formation for exhibiting, pulilishing, passing, selling, or offering to sell, or having in possession, Avith such intent, any lewd or obscene book, pamphlet, picture, print, card, paper, or Avriting, need not set forth any portion of the language used or figures shown upon such bookj pamphlet, picture, print, card, paper, or writing; but it is sufficient to state generally the fact of the lewdness or obscenity thereof. [Amendment approved 1880; Code Amdts. 1880, p. 15.] Legislation § 968. 1. Enacted February 14, 1872. 2. Amended by Code Amdts. 1880, p. 15, inserting "or informa- tion" after "indictment." § 969. Previous conviction of another offense. In charg- ing in an indictment or information the fact of a previous conviction of felony, or of an attempt to commit an offense which, if perpetrated, would have been a felony, or of petit larceny, it is sufficient to state, ''That the defendant, before the commission of the offense charged in this indictment or information, was in (giving the title of the court in which the conviction Avas had) convicted of a felony (or attempt, etc., or of petit larceny)." If more than one previous con- viction is charged, the date of the judgment upon each conviction must be stated, but not more than two previous convictions nuist be charged in any one indictment or in- formation. Legislation § 969. 1. Enacted February 14, 1872, the section then consisting of the first sentence of the present section, but not hav- ing the words "or information" after "indictment" in either in- stance. Pen. Code— 31 • § 971 PENAL CODE. 482 2. Amended by Code Aindts. 1873-7-i, p. 438, adding a second sentence, reading, "If more tlian one i)revious conviction be charged in tlie indictment, tiie date of the judgment upon each conviction shall be stated, and not more than two previous convictions shall be charged in any one indictment." 3. Repealed by Code Amdts. 1880, p. l.j. 4. Re-enactment by Stats. 1901, p. '4S.1; unconstitutional. See note, § o, ante. 5. Re-enacted by Stats. 1905, p. 772; the code commissioner say- ing, "This is a re-enactment of the section as it existed prior to its repeal in 1880. It is believed tliat no good reason for such repeal existed." § 970. Indictment against several, one or more may be acquitted. Upon an indictment or information against sev- eral defendants, any one or more may be convicted or acquitted. [Amendment approved 1880 ; Code Amdts. 1880, p. 15.] Legislation § 970. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §202); in exact language of Crim. Prac. Act, Stats. 1851, p. 240, § 254. 2. Amended by Code Amdts. 1880, p. 15, inserting "or informa- ' tion" after "Upon an indictment." § 971. Distinction between accessory before the fact and principal abrogated. The distinction between an accessory before the fact and a principal, and between principals in the first and second degree, in cases of felony, is abrogated ; and all persons concerned in the commission of a felony, whether they directly commit the act constituting the of- fense, or aid and abet in its commission, though not present, shall hereafter be prosecuted, tried, and punished as prin- cipals, .and no other facts need be alleged in any indictment or information against such an accessory than are required in an indictment or information against his principal. [Amendment approved 1880 ; Code Amdts. 1880, p. 15.] Legislation § 971. 1. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 240. § 255, which read: "§255. No dis- tinction shall exist between an accessory before the fact and a prin- cipal, or between principals in the first and second degree, in cases of felony, and all persons concerned in the commission of a felony, whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present, shall hereafter be indicted, tried, and punished as principals." When enacted in 1872, § 971 read: "971. The distinction between an accessory before the fact and a principal, and between principals in the first and second degree, in cases of felony, is abrogated, and all persons con- cerned in the commission of a felony, whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present, shall hereafter be indicted, tried, and punished as principals." 2. Amended by Code Amdts. 1873-74, p. 438, the final words of the section then reading, "shall hereafter be indicted, tried, and punished as principals, p.jd no additional facts need be alleged in 483 ACCESSORY, INDICTMENT AND TRIAL OF. § 972 any indictment against such an accessor}- than are required in an inclictment against his principal." 3. Amended by Code Amdts. 1880, p. 15. § 972. Accessory may be indicted and tried though prin- cipal has not been. An accessory to the commission of a felony may be prosecuted, tried, and punished, though the principal may be neither prosecuted nor tried, and though the principal may have been acquitted. [Amendment ap- proved 1880; Code Amdts. 1880, p. 15.] Legislation § 972. 1. Enacted February 14, 1872; based on Grim. Prac. Act, Stats. 1851, p. 240, § 256, which read: "§256. An acces- sory after the fact to a commission of a felony, may be indicted and punished, though the principal felon may be neither tried nor indicted." When enacted in 1872, § 972 read: "972. An accessory to the commission of a felony may be indicted, tried, and punished, though the principal may be neither indicted nor tried." 2. Amended by Code Amdts. 1873-74, p. 439, adding at end of section, "and though the principal may have been acquitted." 3. Amended by Code Amdts. 1880, p. 15, substituting "prosecuted" for "indicted" in both instances. S 976 I'ENAL CODE. 4S4 TITLE VI. Pleadings and Proceedings After Indictment and Before the Commencement of the Trial. Chapter T. Arraignment of the Defendant. §§ 976-990. ir. Setting Aside the Indictment. §§ 995-999. Til. Demurrer. §§1002-1012. IV. Plea. §§ 1010-1025. V. Transmission of Certain Indictments from the County Court to the District Court or Municipal Criminal Court of San Francisco. §§ 1028-1030. VI. Removal of the Action Before Trial. §§1033-1038. VII. The Mode of Trial. §§1041-1043. VIII. Formation of the Trial Jury and the Calendar of Issues for Trial. §§ 1046-1049. IX. Postponement of the Trial. §§ 1052, 1053. CHAPTER I. Arraignment of the Defendant. § 976. Defendant must be arraigned in the court where indictment or information was found. § 977. Defendant when to be present at arraignment. § 978. If in custody, to be brought before court. § 979. If discharged on bail, bench-warrant to issue. § 980. Bench-warrant, by whom and how issued. § 981. Form of bench-warrant. § 982. Directions in the bench-warrant if the offense is bailable. § 983. Bench-warrant, how served. § 984. Proceeding on giving bail in another county. § 985. Ordering defendant into custody or increasing bail when in- dictment is for felony. § 986. Defendant, if present when order made, to be committed; if not, bench-warrant to issue. § 987. Defendant, on arraignment, to be informed of his right to counsel. When court to assign counsel. § 988. Arraignment of defendant. § 989. Proceedings on arraignment when defendant is not indicted by his true name. § 990. Time allowed and how defendant may answer on arraignment. § 976. Defendant must be arraigned in the court where indictment or information was found. When the indictment or information is filed, the defendant must be arraigned thereon before the court in which it is filed, unless the cause is transferred to some other county for trial. [Amendment approved 1880; Code Amdts. 1880, p. 15.] Forfeiture of bail: See post, §§ 1305 et seq. Legislation § 976. 1. Enacted February 14. 1872 (N. Y. Code Crim. Proc. §296); based on Crim. Prac.'Act, Stats. 1851, p. 240, § 258, which read: "§ 258. When the indictment is filed the defend- ant shall be arraigned thereon, before the court in which it is 485 ARRAIGNMENT OF DEFENDANT. § 981 found, except in the cases mentioned i.^ sections two hundred and seventj^-uine and two hundred and eighty." When enacted in 1872, § 976 read: "976. When the indictment is filed, the defendant must be arraigned thereon before the court in which it is found, if triable therein; if not, before the court to which it is transmitted." 2. Amended by Code Amdts. 1880, j.. 15. § 977. Defendant when to be present at arraignment. If the indictment or information be for a felony, the defend- ant must be personally present ; but if for a misdemeanor, he may appear upon the arraignment by counsel. [Amend- ment approved 1880; Code Amdts. 1880, p. 16.] Rights of defendant: See Const. 1879, art. i, § 13. Legislation § 977. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 297); in substance the same as Crim. Prac. Act, Stats. 1851, p. 240, § 259. 2. Amended by Code Amdts. 1880, p. 16, (1) changing "If the in- dictment is for a felony-" to "If the indictment or information be for a felony." § 978. If in custody, to be brought before Court. When his personal appearance is necessary, if he is in custody, the court may direct and the officer in whose custody he is must bring him before it to be arraigned. Legislation § 978. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §298); based on Crim. Prac. Act, Stats. 1851, p. 240, § 260, which read: "§ 260. When his personal appearance is necessary, if he be in custody' the court may direct the officer in whose custody he is to bring him before it to be arraigned, and the officer shall do so accordingly." § 979. If discharged on bail, bench-warrant to issue. If the defendant has been discharged on bail, or has deposited money instead thereof, and do not appear to be arraigned when his personal attendance is necessary, the court, in ad- dition to the forfeiture of the undertaking of bail or of the money deposited, may direct the clerk to issue a bench- warrant for his arrest. Legislation § 979. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 299); in substance the same as dim. Prac Act, Stats. 1851, p. 240, § 261. § 980. Bench-warrant, by whom and how issued. The clerk, on the application of the district attorney, may, at any time after the order, whether the court is sitting or not, issue a bench-warrant to one or more counties. Issuance of bench-warrant: See post, § 1196. Legislation § 980. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §3U0); in substance the same as Crim. Prac. Act, Stats. 1851, p. 240, § 262. § 981. Form of bench-warrant. The bench-warrant upon the indictment or information must, if the offense is a felony, § 982 I'EXAL CODE. 48G be substantially in the following form : County of . The ]*eoi)lc of the State of California to any Sheriff, Constable, Mai'sbal, or Polieeman in this Slate: An indictment having been found (or infoi-niation fibMl) on the day of , A. D. eighteen [nineteen] , in the superior court of the county of , charging C. D. with the crime of (desig- nating it generally) ; you are, therefore, commanded forth- with to arrest the above-named C. D., and bring liim before that court (or if the indictment and information has been sent to another court, then before that court, naming it), to answer said indictment (or information), or if the court be not in session, that you deliver him into the custody of the sheriff of the county of . Given under my hand, with the seal of said court affixed, this day of A. D. . By order of said court. [Seal] E. F., Clerk. [Amendment approved 1880; Code Amdts. 1880, p. 16.] Fonn of bench-warrant: See post, §§ 982, 1197. Legislation § 981. 1. Enacted February 14, 1872 (N. Y. Code Crim. Prop. ,§ 30]); based on Grim. Prac. Act, Stats. 1851, p. 241, §263, which read the same as § 981 when enacted in 1872, except that it (1) had the words "in the court of sessions, in the county," instead of "in the county court of the county," but (2) did not eon- tain the words "(or if the indictment has been sent to another court, then before that court, naming it)." When enacted in 1872, the first part of § 981 read: "981. The bench-warrant upon the indictment must, if the offense is a felony, be substantially in the following form: County of . The People of the State of Cali- fornia to any Sheriff, Constable, Marshal, or Policeman in this State: An indictment having been found on the day of , A. D. eighteen , in the county court of the county of , charging C. D. with the crime of (designating it generally); you are therefore commanded forthwith to arrest the above-named C. D., and bring him before that court (or if the indictment has been sent to another court, then before that court, naming it), to answer said indictment; or if the court have adjourned for the term, that you deliver him into the custody of the sheriff of the county of ," the remainder of the section reading as at present. 2. Amended by Code Amdts. 1880, p. 16 § 982. Directions in the bench-warrant if the offense is bailable. The defendant, when arrested under a warrant for an offense not bailable, must be held in custody by the sheriff of the county in which the indictment is found or in- formation filed, unless admitted to bail after an examination upon a writ of habeas corpus ; but if the offense is bailable, there must be added to the body of the bench-warrant a direction to the following effect: "Or, if he requires it, that you take him before any magistrate in that county, or in the 487 ARRAIGNMENT OF DEFENDANT. § 985 county ill which you arrest him, that he may give bail to answer to the indictment (or information) "; and the court, upon directing it to issue, must fix the amount of bail, and an indorsement must be made thereon and signed by the clerk, to the following effect: ''The defendant is to be ad- mitted to bail in the sum of dollars." [Amendment approved 1880; Code Amdts. 1880, p. 16.] Form of bench-warrant: See ante, § 981; post, § 1197. Legislation § 982. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §§ 302, 303); based, on Crira. Prac. Act, Stats. 1851, p. 241, §§264, 265, 266, which read: "§264. The defendant, if the offense be punishable with death, when arrested under the war- rant, shall be held in custody by the sheriff of the county in which the indictment is found, unless admitted to bail, upon an exam- ination upon a writ of habeas corpus. § 265. If the offense be not capital, the bench-warrant shall be in a similar form, adding to the body thereof a direction to the following effect, 'Or if he require it, that you take him before any magistrate in that county, or in the county in which you arrested him, that he may give bail to answer to the indictment.' § 266. If the offense charged be not capital, the court upon directing the bench-warrant to issue shall fix the amount of bail, and an indorsement shall be made upon the bench-warrant signed by the clerk, to the following effect: 'The defendant is to be admitted to bail in the sum of • • dollars.' " 2. Amended by Code Amdts. 1880, p. 16, adding (1) "or informa- tion filed" after "indictment is found," and (2) "(or information)" after "answer to the indictment." § 983. Bench-warrant, how served. The bench-warrant may be served in any county, in the same manner as a war- rant of arrest, except that when served in another county it need not be indorsed by the magistrate of that county. How served: Compare post, § 1198". Legislation § 983, Enacted February 14, 1872 (N. Y. Code Crim. Proc. §304); in exact language of Crim. Prac. Act, Stats. 1851, p. 241, § 267. § 984. Proceeding- on giving bail in another county. If the defendant is brought before a magistrate of another county for the purpose of giving bail, the magistrate must proceed in respect thereto in the same manner as if the de- fendant had been brought before him upon a warrant of arrest, and the same proceedings must be had thereon. Arrest: See ante, §§ 834-851. Proceedings on giving bail out of county: See ante, § 823. Legislation § 984. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §305); in substance the same as Crim. Prac. Act, Stats. 1851, p. 241, § 268. § 985. Ordering defendant into custody or increasing bail when indictment is for felony. When the information or in- dictment is for a felony, and the defendant, before the filing § 988 I'ENAL CODE. 488 thereof, has given bail for liis a])])('aran('e to answer tlio charge, the court to Avhich the indictment or iiifoi'iuation is presented, or in which it is pending, may order tlie defend- ant to be committed to actual custody, unless he gives bail in an increased amount, to be specified in the order. [Amendment approved 1880; Code Amdts. 1880, p. 16.] Increase of Ijail: See post, § 1289. Legislation § 985. 1. Enacted February ]4, 1872 (X. Y. Code Grim. Proc, § oOCi); in substance the same as Crim. Prac. Act, Stats. 1851, p. 241, §269. When enacted in 1872, § 985 read: "985. When the indictmcMit is for a felony, ar)ii the defendant, before the finding thereof, has given bail for his appearance to answer the charge, the court to which the indictment is presented may order the defendant to be committed to actual custodj', unless he gives V)ail in an in- creased amount, to be specified in the order." 2. Amended by Code Amdts. 1873-74, p. 439, inserting "or in which it is pending" after "indictment is presented." 3. Amended by Code Amdts. 1880, p. ](>. § 986. Defendant, if present when order made, to be committed; if not, bench-warrant to issue. If the defendant is present when the order is made, he must be forthwith com- mitted. If he is not present, a bench-warrant must be is- sued and proceeded upon in the manner provided in this chapter. Comjnitment on increase of bail: See post, § 1289. Legislation § 986. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §307); based on Crim. Prac. Act. Stats. 1851, p. 241, §270, which read: "§ 270. If such order be made and the defendant be present, he shall be forthwith committed accordingly. If he be not present, a bench-warrant shall be isfened and proceeded upon in the manner provided for in this chapter."' § 987. Defendant, on arraignment, to be informed of his right to counsel. When court to assign counsel. If the de- fendant appears for arraignment without counsel, he must be informed by the court that it is his right to have counsel before being arraigned, and must be asked if he desires the aid of counsel. If he desires and is unable to employ coun- sel, the court must assign counsel to defend him. Eight to have counsel: U. S. Const., art. vi, amdts.; Const. 1879, art. i, § 13. Legislation § 987. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §-308) ; the first sentence in substance the same as Crim. Prac. Act, Stats. 1851, p. 242, § 271. § 988. Arraignment of defendant. The arraignment must be made by the court, or by the clerk or district attorney under its direction, and consists in reading the indictment or information to the defendant and delivering to him a true copy thereof, and of the indorsements thereon, including the 489 ARRAIGNMENT OF DEFENDANT. § 989 list of witnesses, and asking him whether he pleads guilty or not guilty to the indictment or information. [Amendment approved 1911; Stats. 1911,* p. 435.] Arraignment and examination: See ante, §§ 858, 859, 976; post, § 990. Legislation § 988. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 309) ; in substance the same as Crim. Prac. Act, Stats. 1851, p. 242, § 272. When enacted in 1872, § 988 read: "988. The arraignment must be made by the court, or by the clerk or district attorney, under its direction, and consists in reading the indictment to the defendant and delivering to him a copy thereof and of the indorsements thereon, including the list of witnesses, and asking him whether he pleads guilty or not guilty to the indictment." 2. Amended by Code Amdts. 1880, p. 16, differing from the amend- ment of 1909 (see post), (1) not having the word "true" before "copy thereof," and (2) not containing the proviso. 3. Amended by Stats. 1909, p. 1127, to read: "988. The arraign- ment must be made by the court, or by the clerk or district attorney under its direction, and consists in reading the indictment or in- formation to the defendant and delivering to him a true copy thereof, and of the indorsements thereon, including the list of witnesses, and asking him whether he pleads guilty or not guilty to the indictment or information, provided, that if an indictment has been found against the defendant, at the time of his arraign- ment, he shall be served with a true copy of the testimony given in his case before the grand jury." 4. Amended by Stats. 1911, p. 435. § 989. Proceedings on arraignment when defendant is not indicted by his true name. AVhen the defendant is ar- raigned, he must be informed that if the name by which he is prosecuted is not his true name, he must then declare his true name, or be proceeded against by the name in the in- dictment or information. If he gives no other name, the court may proceed accordingly; but if he alleges that an- other name is his true name, the court must direct an entry thereof in the minutes of the arraignment, and the subse- quent proceedings on the information or indictment may be had against him by that name, referring also to the name by which he was first charged therein. [Amendment ap- proved 1880; Code Amdts. 1880, p. 17.] Charging defendant by erroneous name, proceedings in case of: See ante, § 953. Arraignment, proceedings on: See ante, § 988. Legislation.! 989. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc. § 310); in substance the same as Crim. Prac. Act, Stats. 1851, p. 242, §§273, 274, 275. When enacted in 1872, § 989 read: "989. When the defendant is arraigned, he must be informed that if the name by which he is indicted is not his true name, he must then declare his true name, or be proceeded against by the name in the indictment. If he gives no other name the court may pro- ceed accordingly; but if he alleges that another name is his true name, the court must direct an entrj^ thereof in the minutes of the § 995 PENAL CODE. 490 arraiyiiMUMit, jiiid tlic sulisiMinoiit [irocecdings on the iiulietnicnt may bo had against him by that name, referring also to the name by wliieli he is indicted." 2. Amended by Code Amdts. 1880, p. 17. § 990. Time allowed and how defendant may answer on arraignment. If, on the arraignment, the defendant re- quires it, lie must be allowed a reasonable time, not less than one day, to answer the indictment or information. He may, in answer to the ari-aignmont, move to set aside, demur, or plead to the indictment or information. [Amendment ap- proved 18S0; Code Amdts. 1880, p. 17.] Legislation § 990. 1. Enacted February J4, 1872 (N. Y. Code Crim. Proc, §§ 311, 312); based on Grim. Prac. Act, Stats. 1851, p. 242, §§ 27(i, 277, which read: "§276. If on the arraignment the defendant require it, he shall be allowed until the next day, or such further time may be allowed him as the court maj^ deem reasonable, to answer the indictment. § 277. If the defendant do not require time as provided in the last section, or if he do, then on the next day, or at such future day as the court may have allowed him, he may answer to the arraignment; either move the court to set aside the indictment, or may demur or plead thereto." 2. Amended by Code Amdts. 1880, p. 17, inserting "or informa- tion" in both instances. CHAPTER H. Setting Aside the Indictment. § 995. When indictment must be set aside. When information. § 996. Defendant waives objections unless he makes the motion. § 997. Motion when heard. If denied or granted, what proceedings are to be had. § 998. Effect of order for submission. § 999. Order no bar to another prosecution. § 995. When indictment must be set aside. When infor- mation. The indictment or information must be set aside by the court in which the defendant is arraigned, upon his motion, in either of the following cases : If it be an indictment : 1. Where it is not found, indorsed, and presented as pre- scribed in this code. 2. When it appears by the testimony of the foreman or secretary of the grand jury that the names of the witnesses examined before the grand jury, or whose depositions may have been read before them, are not inserted -at the foot of the indictment, or indorsed thereon. 3. When a person is permitted to be present during the session of the grand .jury, and when the charge embraced in the indictment is inider consideration, except as provided in section 925. If it be on information : 491 SETTING ASIDE THE INDICTMENT. § 997 1. That before the filing thereof the defendant had not been legally committed by a magistrate. 2. That it was not subscribed by the district attorney of the county, or city and county. [Amendment approved 1911; Stats. 1911, p. 435.] Names of witnesses to be indorsed on indictment: See ante, § 943. Who may be present at sessions of grand jury: See ante, § 925. Legislation § 995. 1, Enacted February 14, 1872 (N. Y. Code Crim. Proc, §313); the portion that relates to indictments is in substance the same as Crim. Prac. Act, Stats. 1851, p. 242, § 278. 2. Amended by Code Amdts. 1880, p. 43, to read: "§995. The indictment or information must be set aside by the court in which the defendant is arraigned, upon his motion, in either of the follow- ing cases. If it be an indictment: 1. Where it is not found, in- dorsed, and presented as prescribed in this code; 2. When the names of the witnesses examined before the grand jury, or whose deposi- tions may have been read before tl^em, are not inserted at the foot of the indictment, or indorsed thereon; 3. WTien a person is permitted to be present during the session of the grand jury, and when the charge embraced in the indictment is under consideratioii, except as provided in section nine hundred and twenty-five; 4. When the defendant had not been held to answer before the finding of the indictment, on any ground which would have been good ground for challenge, either to the panel or to any individual grand juror. If it be on [an] information: 1. That before the filing thereof the defendant had not been legally committed by a magistrate; 2. That it was not subscribed bv the district attorney of the county." 3, Amended by Stacs." 1911, p. 435. § 996. Defendant waives objections unless he makes the motion. If the motion to set aside the indictment or infor- mation is not made, the defendant is precluded from after- wards taking the objections mentioned in the last section. [Amendment approved 1880; Code Amdts. 1880, p. 17.] Waiver of objection by failure to move or demur: See post, §§ 1012, 1185. Legislation § 996. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 314); in substance the same as Crim. Prac. Act, Stats. 1851, p. 243, § 280. 2. Amended by Code Amdts. 1880, p. 17, inserting "or informa- tion" after "indictment." § 997. Motion when heard. If denied or granted, what proceedings are to be had. The motion must be heard at the time it is made, unless for cause the court postpones the hear- ing to another time. If the motion is denied, the defendant must immediately answer the indictment or information, either by demurring or pleading thereto. If the motion is granted, the court must order that the defendant, if in cus- tody, be discharged therefrom; or, if admitted to bail, that his bail be exonerated ; or, if he has deposited money instead of bail, that the same be refunded to him, unless it directs § 999 I'ENAJ. CODE. 492 that tile case be resiibmillcd to llie same oi' another •irantl jury, or that an iiii'onnatioii he liled by the district attorney; provided, that after such order of resubmission tlie defend- ant may be examined before a magistrate, and discharged or committed by him, as in other cases, if before indictment or information filed he has not been examined and committed by a magistrate. [Amendment approved 1880; Code Amdts. 1880, p. 17.] Kesubniission of charge where charge dismissed: See ante, § 942. Jeopardy: See ante, § C87. Legislation § 997. 1, Enacted February 14, 1872 (N. Y. Code Crim. Proc, §§ 315, 316, 317); in substance the same as Grim. Prac. Act, Stats. 1851, p. 243, §§ 281, 282, 283. 2. Amended by Code Amdts. 1880, p. 17, (1) in first sentence, add- ing "or information" after "indictment"; (2) in second sentence, after "another grand jurj\" adding the phrase "or that an informa- tion be filed by the district attorney," and the proviso ending the section. § 998. Effect of order for submission. If the court directs the case to be resubmitted or an information to be filed, the defendant, if already in custody, must so remain, unless he is admitted to bail; or, if already admitted to bail, or money has been deposited instead thereof, the bail or money is answerable for the appearance of the defendant to answer a new indictment or information ; and, unless a new indict- ment is found or information filed before the next grand jury of the county is discharged, the court must, on the dis- charge of such grand jury, make the order prescribed by the preceding section. [Amendment approved 1880; Code Amdts. 1880, p. 17.] Legislation § 998. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §§ 318, 319); based on Crim. Prac. Act, Stats. 1851, p. 243, §§ 284, 285, which read: "§ 284. If the court direct that the case be resubmitted, the defendant, if already in custody, shall so remain, unless he be admitted to bail, or if already admitted to bail, or money have been deposited instead thereof, the bail or money shall .be answeiable for the appearance of the defendant to answer a new indictment. § 285. Unless a new indictment be found be- fore the next grand jury of the county is discharged, the court shall, on the discharge of such grand jury, make the order prescribed in section two hundred and eighty-three." 2. Amended by Code Amdts. 1880, p. 17, adding (1) "or an in- formation to be filed" after "resubmitted," (2) "or information" after "new indictment," and (3) "or information filed" after "in- dictment is found." § 999. Order no bar to another prosecution. An order U set aside an indictment or information, as provided in this chapter, is no bar to a future j)rosecution for tlie same 493 DEMURRER TO INDICTMENT OR INFORMATION. § 1004 offense. [Amendment approved 1880: Code Amdts. 1880, p. 18.] Jeopardy: See ante, § 687. Legislation § 999. 1. Enacted February 14, 1872 (N. Y. Code Crini. Proc, § 320); in substance the same as Crim. Prac. Act, Stats. 1851, p. 243, § 286. 2. Amended by Code Amdts. 1880, p. 18, inserting "or informa- tion" after "indictment." CHAPTER III. Demurrer. § 1002. Pleading on part of defendant. ^ § 1003. Demurrer or plea, when put in. § 1004. Demurrer, grounds for. § 1005. Demurrer, how put in and its form. § 1006. When heard. § 1007. Judgment on demurrer. § 1008. Amendment of indictment. Wlien demurrer is sustained. § 1009. If resubmission not ordered, defendant discharged, etc. § 1010. Proceedings, if submission ordered. § 1011. Proceedings, if demurrer is disallowed. § 1012. When objections, forming ground of demurrer, must or may be taken. § 1002. Pleading on part of defendant. The only plead- ing on the part of the defendant is either a demurrer or a plea. Legislation § 1002. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 321); in exact language of Crim. Prac. Act, Stats. 1851, p. 243, § 287. § 1003. Demurrer or plea, when put in. Both tlie demur- rer and plea must be put in, in open court, eitlier at the time of the arraignment or at such other time as may be allowed to the defendant for that purpose. Time to plead: Ante, § 990. Time to put in plea where demurrer overruled: See post, § 1011. Legislation § 1003. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 322); in substance the same as Crim. Prac. Act, Stats. 1851, p. 243, § 288. § 1004. Demurrer, grounds for. The defendant may de- mur to the indictment or information, when it appears upon the face thereof either : 1. If an indictment, that the grand jury by which it was found had no legal authority to inquire into the offense charged, by reason of its not being within the legal jur- isdiction of the county ; or, if an information, that the court has no jurisdiction of the offense charged therein; 2. That it does not substantially conform to the require- ments of sections nine hundred and fifty, nine hundred and fifty-one, and nine hundred and fifty-two ; § 1006 I'EXAL CODE. 494 ;}. That iiioi'o than one otl'ense is cliar;,'od, except as pro- vitlud in section nine hnndred and fifty-l'our ; 4. That the facts stated do not constitute a public offense ; 5. That it contains matter which, if true, would constitute a legal justification or excuse of the offense char<^ed, or other lei^al bar to the pi-osecution. [ Aniendnient approved 1905; Stats. 1905, p. 772.] Subd. 2. Specific requirements, etc.: See ante, §§ 950, 951, 952, 954, 959. Waiver of objection by not moving or demurring: See ante, § 996; post, §§ 1012, 11S5. Legislation § 1004. 1. Enacted February 14, 1872 (N. Y. Code Ciini. Proc, § '^~?^) ; in substance the same as Crim. Prac. Act. Stats. 1851, p. 243, § 289. When enacted in 1872, § 1004 read: "1004. The defendant may demur to the indictment when it appears upon the face thereof, either: 1. That the grand jury by which it was found had no legal authority to inquire into the offense charged, by reason of its not being within the legal jurisdiction of the county; 2. That it does not substantially conform to the requirement of sections 950, 951. and 952; 3. That more than one offense is charged in the indictment; 4. That the facts stated do not constitute a public of- fense; 5. That the indictment contains any matter which, if true, would constitute a legal justification or excuse of the offense charged, or other legal bar to the prosecution." 2. Amended by Code Amdts. 1880, p. 18, and then read the same as the present section, except for the changes made in 1905, q. v., infra. 3. Amendment by Stats. 1901, p. 485; unconstitutional. See note, § 5, ante. 4. Amended by Stats. 1905, p. 772, (1) in subd. 2, changing "re- quirement" to "requirements"; (2) in subd. 3, adding "except as provided, in section nine hundred and fifty-four"; (3) in subd. 5, omitting "any" before "matter"; the code commissioner saying of the addition of the exception to subd. 3, "The object of the amend- ment is to make this section conform to the change in § 954, supra." § 1005. Demurrer, how put in and its form. The demur- rer must I e in writing, signed either by the defendant or his counsel, and filed. It must distinctly specify the grounds of objection to the indictment or information, or it must be disregarded. [Amendment approved 1880; Code Amdts. 1880, p. 18.] Legislation § 1005. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 324); in substance the same as Crim. Prac. Act, Stats. 1851, p. 243, § 290. 2. Amended by Code Amdts. 1880, p. IS, in second sentence, (1) adding "or information" after "indictment," and (2) changing "shall" to "must." § 1006. When heard. Upon the demurrer being filed, the argument upon the objections presented thereby must be heard, either immediately or at such time as the court may appoint. 495 DEMURRER TO INDICTMENT OR INFORMATION. § 1008 Legislation § 1006. Enacted February 14, 1872 (N. Y. Code Grim. Proc, § 325); in substance the same as Grim. Prac. Act, Stats. 1851, p. 243, § 291. § 1007. Judg-ment on demurrer. Upon considering the demurrer, the court mnst give judgment, either allowing or disallowing it, and an order to that effect must be entered upon the minutes. Legislation § 1007. Enacted February 14, 1872 (N. Y. Code Grim. Proc, § 326); in substance tlie same as Grim. Prac. Act, Stats. 1851 p. 244, § 292. § 1008. Amendment of indictment. When demurrer is sustained. An indictment or information may be amended by the district attorney without leave of court, at any time before the defendant pleads. Such amendment may be made at any time thereafter, in the discretion of the court, where it can he done without prejudice to the substantial rights of the defendant. An indictment cannot be amended so as to change the offense charged, nor an information so as to charge an offense not shown by the evidence taken at the preliminary examination. If a demurrer is sustained and an amendment is not allowed, or if allowed, is not made, within such reasonable time as the court may fix, the court shall give a judgment of dismissal, w^hich shall be a bar to another prosecution for the same offense. The defendant shall thereupon be discharged, unless the court directs the case to be submitted to the same or another grand jury, or directs a new information to be filed; provided that after such order or resubmission, the defendant may be examined before a magistrate, and discharged or committed by him, as in other cases. [Amendment approved 1911; Stats. 1911, p. 436.] Legislation § 1008. 1. Enacted February 14. 1872 (N. Y. Gode Grim. Proc, § 327); in substance the same as Grim. Prac. Act, Stats. 1851, p. 244, §293. When enacted in 1872, § 1008 read: "1008. If the demurrer is allowed, the judgment is final upon the indictment demurred to, and is a bar to another prosecution for the same offense, unless the court, being of the opinion that the objection on which the demurrer is allowed may be avoided in a new indict- ment, directs the case to be resubmitted to the same or another grand jury." 2. Amended by Gode Amdts. 1880, p. 18, and then read: "If the demurrer is allowed, the judgment is final upon the indictment or information demurred to, and is a bar to another prosecution for the same offense, unless the court, being of the opinion that the objection on which the demurrer is allowed may be avoided in a new indictment or information, directs the case to be submitted to another grand jury, or directs a new information to be filed; pro- vided, that after such order of resubmission, the defendant may be examined before a magistrate, and discharged or committed by him, as in other cases." J? 1U12 PENAL CODE. 496 3. .\iiu'ii(liiu>tit by Stats. 1901, p. IStJ; iiin'oiistitutional. See uote, § 5, ante. ■1. Aiiu"ii(lcjiiLent, if it has not been discharged. This amendment changes ,the!riHiU, announced in Terrill v. Sujjerior Court, 60 Pac. Kep. 51(3." 5. Amended by Stats. 1911, p. VM. E§li^urilf resubmission not ordered, defendant dis- chaigedjiietc. If the court does not permit the information to'fbe^ aauended, nor direct that an information he tiled, or thiit.itiieifcase be resubmitted, as provided in the preceding secfeidi«; the defendant, if in custody, must be discharged, or iffiidjpittfcd to bail, his bail is exonerated, or if he has depos- .it/ed bttiiiey instead of bail, the money must be refunded toidiinij" LAmendment approved ]S80; Code Amdts. 1880, pjilSf.i}j b'.'iiegislation § 1009. 1. Enacted February 14, 1872 (N. Y. Code (^'fim. Proc, § 328) ; in substance the same as Crim. Prac. Act, I$tats. 1S51, p. 244, § 294. When enacted in 1872, § 1009 read: "1009. "If the court does not direct the case to be resubmitted, the defend- •int, if in custody, must be discharged, or if admitted to bail, his bail is exonerated, or if he has deposited money instead of bail, the money must be refunded to him." 2. Amended by Code Amdts. 1880, p. 18. § 1010. Proceedings, if submission ordered. If the court directs that the case be resubmitted, the same proceedings must be had thereon as are prescribed in sections nine hun- dred and ninety-seven and nine hundred and ninety-eight. Legislation § 1010. Enacted February 14, 1872 (N. Y. Code Crim. Proe., § 329); in substance the same as Crim. Prac. Act, Stats. 1851, p. 244, § 295. § 1011. Proceedings, if demurrer is disallowed. If the demurrer is disallowed, the court must permit the defend- ant, at his election, to plead, which he must do forthwith, or at such time as the court may direct. If he does not plead judgment may be pronounced against him. No one to be convicted but upon verdict or judgment: See ante, § 689. Eefusal to put in plea, proceedings: See post, § 1024. Time to put in plea, generally: See ante, § 1003. Legislation § 1011. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 330); in substancfe the same as Crim. Prac. Act, Stats. 1851, p. 244, § 296. §1012. When objections, forming ground of demurrer, must or may be taken. When the objections mentioned in 497 PLEAS TO INDICTMENT OR INFORMATION. § 1017 section one thousand and four appear on the face of the indictment or inforiiuition, they can only be taken by de- murrer, except that the objection to the jurisdiction of the court over the subject of the indictment or information, or that the facts stated do not constitute a public offense, may be taken at the trial, nnder the plea of not guilty, or after the trial, in arrest of judgment. [Amendment ap- proved 1880; Code Amdts. 1880, p. 19.] Waiver of defects by failure to move or demur: See ante, § 996; post, § US'). Legislation § 1012. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 331); in substance the same as Crim. Prac. Act, Stats. 1851, p. 244, § 297. 2. Amended by Code Amdts. 1880, p. 19, (1) changing "upon" to "on" before "the face," and (2) inserting "or information" after "indictment'' in both instances. CHAPTER IV. Plea. § 1016, The different kinds of pleas. § 1017. Pleas, how put in, and form. S 1018. Plea of guilty, how put in, and when it may be withdrawn. § 1019. What plea of not guilty puts in issue. § 1020. What may be given in evidence under plea of not guilty. § 1021. What is not a former acquittal. § 1022. What is a former acquittal. § 1023. Conviction or acquittal on an indictment for a higher of- fense, effect of. § 1024. Defendant refusing to answer, plea of not guilty to be en- , tered, § 1025. Previous conviction. § 1016. The different kinds of pleas. There are four kinds of pleas to an indictment or information. A plea of: 1. Guilty. 2. Not guilty. 3. A former judgment of conviction or acquittal of the offense charged, which may be pleaded either with or with- out the plea of not gnilty. 4. Once in jeopardv. [Amendment approved 1880; Code Amdts. 1880, p. 44.] I,egislation § 1016. 1. Enacted February 14, 1872 (X. Y. Code Crim. Proc, §332); in exact language of Crim. Prac. Act, Stats. 1851, p. 244, § 298. 2. Amended by Code Amdts. 1880, p. 44, (1) in introductory para- graph, (a) changing "three kinds" to "four kinds," and (b) adding •"or information" after "indictment"; (2) adding subd. 4. § 1017. Pleas, how put in, and form. Every plea must be oral, and entered upon the minutes of the court in substan- tially the following form : Pen. Code — 32 § 10] n PENAL CODE. 498 1. II" tile (Jcrt'iKlaiit plead j^uilty: "The defendant jdrads that he is uuilly ol' the otl'cn.se ehar^'ed.'' 2. li" lie plead not guilty: "The defendant pleads that he is not pfiiilty of the offense eharfied." .'5. If he plead a former conviction or aeciuittal : "The de- fendant pleads that he has already been convicted (or accpiitted) of the offense charged by the judgment of the court of (naming it), rendered at (iiaiiiing the I^lace), on the day of ." 4. If he plead once in jeopardy: "The defendant pleads that he has been once in jeopardy for the offense charged, (specifying the time, place, and court)." [Amendment ap- proved ISSO; Code Amdts. 1880, p. 44.] Pleas generally: Ante, § 1016. Plea of guilty. This plea can only be put in by the defendant himself in open court, unless upon indictment against a corpora- tion, in which case it may be put in by counsel: Post, § 1018. Insanity: Ante, § 26, subd. 3. Evidence under plea of not guilty: Post, § 1020. Legislation § 1017. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §§ 333, 334); in substance the same as Crim. Prac. Act, Stats. 1851, p. 244, §§ 299, 300. 2. Amended by Code Amdts. 1880, p. 44, (1) in subds. 1 and 2, omitting "in this indictment" from end of subdivisions; (2) in subd. 3. omitting "in this indictment" after "offense charged"; (3) adding subd. 4. § 1018. Plea of guilty, how put in, and when it may be withdrawn. A plea of guilty can be put in by the defend- ant himself only in open court, unless upon indictment or information against a corporation, in which case it may be put in by counsel. The court may at any time before judg- ment, upon a plea of guilty, permit it to be withdrawn and a plea of not guilty substituted. [Amendment approved 1880; Code Amdts. 1880, p. 19.] Plea by corporation: See post, § 1396. Legislation § 1018. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 335) ; based ou Crim. Prac. Act, Stats. 1851, p. 245, §§301, 302, which read: "§301. A plea of guilty can in no place be put in, except by the defendant himself in open court, unless upon indictment against a corporation, in which case it may be put by counsel. § 302. The court may at any time before judgment, upon a plea of guilty, permit it to be withdrawn, and a plea of not guilty substituted." 2. Amended by Code Amdts. 1880, p. 19, inserting "or informa- tion" after "indictment." § 1019. What plea of not guilty puts in issue. The plea of not guilty puts in issue every material allegation of the indictment or information. [Amendment approved 1880; Code Amdts. 1880, p. 19.] 409 PLEAS TO INDICTMENT OR INFORMATION. § 1022 Legislation § 1019. 1. Enacted Februiuy 14, 1872 (N. Y. Code ('rim. Proc, S 338) ; based on Crim. Praf. Act, Stats. 1851, p. 245, § 303, wliicli read: "§ 303. The plea of not guilty shall be deemed a denial of every material allegation in the indictment."' 2. Amended by Code Amdts. 1880, p. 10, adding "or information" after "indictment." § 1020. What may be given in evidence under plea of not guilty. All matters of. fact tending to establish a defense, other than one specified in the third and fourth subdivisions of section ten hundred and sixteen, may be given in evidence under the plea of not guilty. [Amendment approved 1905 ; Stats. 1905, p. 773.1 Legislation § 1020. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 339); in substance the same as Crim. Prac. Act, Stats. 1851, p. 245, § 304. When enacted in 1872, § 1020 read: "1020. All matters of fact tending to establish a defense other than that speci- fied in the third subdivision of section 1016 may be given in evi- dence under the plea of not guilty." 2. Amended by Code Amdts. 1880, p. 44, changing "third subdi- vision" to "third and fourth subdivisions." 3. Amendment by Stats. 1901, p. 486; unconstitutional. See note, § 5, ante. 4. Amended by Stats. 1905, p. 773, substituting "one" for "that" before "specified." § 1021. What is not a former acquittal. If the defend- axit was formerly acquitted on the ground of variance be- tween the indictment or information and the proof, or the incictment or information was dismissed upon an objection to its form of substance, or in order to hold the defendant for a higher offense, without a judgment of acquittal, it is not an acquittal of the same offense. [Amendment approved 1880; Code Amdts. 1880, p. 19.] Detention of defendant acquitted on ground of variance: See post, § 1165. Legislation § 1021. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc. §340); based on Crim. Prac. Act, Stats. 1851, p. 245, § 305, which read: "§ 305. If the defendant were formerly acquitted on the ground of a variance between the indictment and the proof, or upon an objection to the form or substance of the indictment, it shall not be deemed an acquittal of the same offense." 2. Amended by Code Amdts. 1880, p. 19, inserting "or informa- tion" after "indictment" in both instances. § 1022. What is a former acquittal. Whenever the de- fendant is acquitted on the merits, he is acquitted of the same offense, notwithstanding any defect in form or sub- stance in the indictment or information on which the trial was had. [Amendment approved 1880; Code Amdts. 1880, p. 19.] Legislation § 1022. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §341); based on Crim. Prac. Act, StDts. 1851, p. 245, ;$ 1025 I'ENAL CODliJ. 500 S 306, wliii-h iL'ail: '•§ ;!U(i. \Vh<'ii, liowevcr, ho sliall liave been ac- qiiittt'il on the ineiits, he sluill be ileonicd ac(juitteil ol the Kaiiie otl'euse, iiotwithstaiuliiig any defect in form ur substance in the indict inent»on wliich lie was acquitted." 2. Amended by Code Anidts. 1880, p. 10, insortinfr "nr informa- tion" after "indictment." § 1023. Conviction or acquittal on an indictment for a higher offense, effect of. When llie (lerciulant is t-onvicted or acquitted, or has been once placed in jeopardy upon an iudictmeut or information, the conviction, acquittal, or jeop- ardy is a bar to another indictment or information for the offense charged in the former, or for an attempt to commit tlie same, or for an offense necessarily included therein, of which he might have been convicted under that indictment or information. [Amendment approved 1880; Code Amdts. 1880, p. 45.] Plea of former conviction or acquittal, proceeding: See ante §§ 1016, subd. 3, 1017. ' Legislation § 1023. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §9); in substance the same as Crim. Prac. Act, Stats, 1851, p. 245, § 307. When enacted in 1S72, § 1023 read: "1023. When the defendant is convicted or acquitted upon an indictment, the conviction or acquittal is a bar to another indictment for the offense charged in the former, or for an attempt to commit the same, or for an offense necessarily included therein, of which he might have been convicted under that indictment." 2. Amended by fcode Amdts. 1880, p. 45. § 1024. Defendant refusing to answer, plea of not guilty to be entered. If the defendant refuses to answer the in- dictment or information by demurrer or plea, a plea of not guilty must be entered. [Amendment approved 1880; Code Amdts. 1880, p. 19.] Legislation § 1024. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 342); in substance the same as Crim. Prac. Act, Stats. 1851, p. 245, § 308. 2. Amended by Code Amdts. 1880, p. 19, inserting "or informa- tion" after "indictment." § 1025. Previous conviction. When a defendant who is charged in the indictment or information with having suffered a previous conviction, pleads either guilty or not guilty of the offense for which he is indicted or informed against, he must be asked whether he has suffered such previous conviction. If he answers that he has, his answer must be entered by the clerk in the minutes of the court, and must, unless withdrawn by consent of the court, be conclu- sive of the fact of his having suffered such previous convic- tion in all subsequent proceedings. If he answers that he has not, his answer must be entered by the clerk in the min- 501 TRANSMISSION OF INDICTMENTS. § 1029 utes of the court, and the question whether or not he has suffered such previous conviction must be tried by the jury which tries the issue upon the plea of not guilty, or in case of a plea of guilty, by a jury impaneled for that purpose. The refusal of the defendant to answer is equivalent to a denial that he has suffered such previous conviction. In case the defendant pleads not guilty, and answers that he has suffered the previous conviction, the charge of the previous conviction must not be read to the jury, nor alluded to on the trial. Prior conviction not to he read to jury: See post, § 1093. Legislation § 1025. 1. Added by Code Amdts. 1873-74, p. 439, and differed from the section as re-enacted in 1905, (1) in first sentence, not liaviug (a) "or information" after "indictment," nor (b) "or in- formed against" after "indicted"; (2) liaving "shall" instead of "must" in all instances; (3) having "If he answer" instead of "If he answers." 2. Eepealed by Code Amdts. 1880, p. 19. 3. Re enactment by Stats. 1901, p. 486; unconstitutional. See note, § 5, ante. 4. Re-enacted by Stats. 1905, p. 773; the code commissioner say- ing, "This is a re-enactment of the section as it existed prior to its repeal in -1880. By such repeal no provision was left for any plea to a charge of former conviction, and it is believed this should be provided for in the code." CHAPTER V. Transmission of Certain Indictments from the County Court to the District Court or Municipal Criminal Court of San Francisco. § 1028. Transmission of indictments from the county to district courts. [Repealed.] § 1029. Indictments against a judge of the superior court, certificate of facts to be transmitted to governor. § 1030. Indictments transmitted to the municipal criminal court of San Francisco. [Repealed.] § 1028. Transmission of indictments from the county to district courts. [Repeahxl 1880; Code Amdts. 1880, p. fi.j Legislation § 1028. 1. Enacted February 14, 1872; based on Crim. Prac. Act, § 309, as amended by Stats. 1863, p. 160, § 11. 2. Amended by Code Amdts. 1873-74, p. 440. 3. Repealed by Code Amdts. 1880, p. 6. § 1029. Indictments against a judge of the superior court,' certificate of facts to be transmitted to governor. When an indictment is found or an information filed in a superior court against a judge thereof, a certificate of that fact must be transmitted by the clerk to the governor, who shall there- upon designate and direct a judge of the superior court (tf another county to preside at the trial of such indictment or information, and hear and dctcruiinc all pleas and motions § 1033 I'ENAL CODE. 502 affecting' the (ielViidiiiil tlici'i'iiiKlci- Ix'Toi-e and after judg- ment. [AiiiciKliiiciit approved 1880; Code Anidts. 1880, p. 6.] Legislation § 1029, 1. Enactetl February H, 1872; based on Crim. Prac. Act, Stats. 18.11, p. 245, § 310, M'hich road: "§ 310. All indict- ments found against a member of the court of sessions, or against any justice of the peace, shall also be transmitted to the district court sitting in the county for trial." When enacted in 1872, § 1029 read: "1029. All indictments found against a county judge must also be transmitted to the district court of the county for trial." 2. Amended by Code Amdts. 1873-74, p. 440, substituting "a dis- trict court" for "the district court." 3. Amended by Code Amdts. 1880, p. 6. § 1030. Indictments transmitted to the municipal crim- inal court of San Francisco. | Repealed 1880; Code Anidts. 1880, p. 6.] Legislation § 1030. 1. Enacted February 14, 1872; based on Stats. 1869-70, p. 529. § 12. 2. Repealed by Code Amdts. 1880, p. 6. CHAPTER VI. Removal of the Action Before Trial. § 1033. When action may be removed. § 1034. Application for removal, how made. § 1035. Application, when granted. § 1036. Order of removal. § 1037. Proceedings on removal, if defendant is in custody. § 1038. Authority of court to which action is removed. When original papers must be transmitted. § 1033. When action may be removed. A criminal action may be removed from the court in which it is pending on application of the defendant, on the ground that a fair and impartial trial cannot be had in the county. [Amendment approved 1905; Stats. 1905, p. 695.] Change of venue in criminal cases. § 397 of the Code of Civil Procedure, providing for the change of the place of trial in civil actions, has no application to criminal cases. The only provisions of law providing for a removal of such cases from one county to another for trial are found in the Penal Code, §§ 1033-1038. Change of venue in justices' or police courts: See post, §§ 1431, 1432. Legislation § 1033. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §344); in exact language of Crim. Prac. Act, Stats. 1851, p. 245, §312. When enacted in 1872, § 1033 read: "1033. A criminal action, prosecuted by indictment, may be removed from the court in which it is pending on the application of the defend- ant, on the ground that a fair and impartial trial cannot be had in .■ the county wliere the indictment is pendiT.g." 2. Amended by Code Amdts. 1880, p. 19, (1) omitting "prosecuted by indictment" after "A criminal action," and (2) changing "indict- ment" to "action" before "is pending," at end of section. 503 REMOVAL OF ACTION BEFORE TRIAL, . § 1034 3. Amended by Stats. 1887, p. 61, to read: "1033. A criminal action may be removed from the court in which it is pending: First — On the application of the defendant, on the ground that a fair and impartial trial cannot be had in the county where the action is pending. Second — On the application of the district attorney, on the ground that from any cause no jury can be obtained for the trial of the defendant in the county where the action is pending." 4. Amendment by Stats. 1901, p. 486; unconstitutional. See note, § 5, ante. * 5. Amended by Stats. 1905, p. 695; the code commissioner saying of the omissions, "The provisions relative to a change of the place of trial in a criminal action on application of the district attorney having been held unconstitutional in People v. Powell, 87 Cal. 348." § 1034. Application for removal, how made. The appli- cation for removal must l)e made in open court, and in writ- ing-, verified by the affidavit of* the defendant, a copy of which application must be served upon the district attorney at least one day prior to the hearing of the application. At the hearing the district attorney may serve and file such counter-affidavits as he may deem advisable. Whenever the affidavit of the defendant shows that he cannot safely appear in person to make such application because popular preju- dice is so great as to endanger his personal safety, and such statement is sustained by other testimony, such application may be made by his attorney, and must be heard and deter- mined in the absence of the defendant, notwithstanding the charge then pending against him be a felony, and he has not at the time of such application been arrested or given bail, or been arraigned, or pleaded or demurred to the indictment or information. [Amendment approved 1905 ; Stats. 1905, p. 695.] Legislation § 1034. 1. Enacted February 14, 1872 (N. Y. Code Grim. Proc, § 346); based on Grim. Prac. Act, § 313, as amended by Stats. 1857, p. 71, § 1, which read: "§ 313. The application must be made in open court and in writing, verified by the affidavit of the defendant, and a copy of said affidavit must be served on the dis- trict attorney, at least one day before the application is made to the court. And whenever said affidavit shall show that, the defend- ant cannot safely appear in person to make his application, because the popular excitement against him is so great as to endanger his personal safety, and when said allegation in said affidavit is sus- tained by other and further testimony, in the judgment of the court, said applicat'ion may be made by counsel, and shall be heard and determined in the alasence of the defendant, though he be indicted for felony, and may not, at the time of such application, have been arrested, or have given bail, or been arraigned, or plead, or demurred to the indictment. But nothing ^in this act shall be held or con- strued to lessen the duty and obligation of all courts, officers and other persons, to pursue and arrest any person indicted for crime." When enacted in 1872, § 1034 read: "1034. The application must be made in open court, and in writing, verified by the affidavit of the defendant, a copy of wliioh must be served on the district attorney § 1036 . I'ENAL cuDi:. 504 at least one day before the api)lieation is made. Whenever the affi- davit shows that the defendant cannot safely appear in person to make the application, because the popular excitement against him is so great as to endanger iiis personal safety, and such statement is sustained by other testimony, the ap])lication nia^' be made by coun- sel, and heard and determined in the absence of the defendant, tiiough he is indicted for felony, and has not at tlie time of such ajtpHcation -been arrested, or given bail, or been arraigned, or pleaded or demurred to the indictment." 2. Amended by Stats. 1887, p. (31, and then had only two sen- tences, the first of wiiich read, "10:54. The application must be made in open court and in writing, verified by tiie affidavit of the defendant or of the district attorney, as the case may be, a copy of which apjilication must be served upon the attorney of the adverse party at least one day prior to the hearing of the application," the second sentence reading same as the final paragraph of the present section, except that it had tlie word "shall" instead of "must" before "be heard and determined." 3. Amendment by Stats. 1901, p. 487; unconstitutional. See note, § 5, ante. 4. Amended by Stats. 1905, p. 69.j; the code commissioner saying, "The design of the amendment is to conform this section to the amendment of the last section." § 1035. Application, when granted. If the court be satis- fied that the representations of the applicant are true, an order must be made transferring the action to the proper court of some convenient county free from a like objection. [Amendment approved 1887; Stats. 1887, p. 62.] Legislation § 1035. 1, Enacted February 14, 1872; based on Crim. Prac. Act, § 314, as amended by Stats. 1863, p. 160, § 14, which read: "§ 314. If the court be satisfied that the representation of the de- fendant is true, an order shall be made for the removal of the action to the county court of a county which is free from a like objection; or if the indictment has been transmitted to the district court of the county from the county court, then the order of removal shall be made to the district court of a county which is free from a like objection." When enacted in 1872, § 1035 read: "1035. If the court is satisfied that the rejiresentation of the defendant is true, an order must be made for the removal of the action to the proper court of a count}' free from a like objection." 2, Amended by Stats. 1887, p. 62. § 1036. Order of removal. The order of removal must be entered upon the ininutes, and the clerk must immedi- ately make out and transmit to the court to which the action is removed a certified copy of the order of removal record, pleadings, and proceedings in the action, including the undertakings for the appearance of the defendant and of the witnesses. Legislation § 1036. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 246, § 315, which read: "§ 315. The order of removal shall be entered on the minutes, and the clerk shall im- mediately make out and transmit a certified copy of the entry with a certified cop}- of the re.'ord, pleadings, and proceedings in the 505 I'ROCEEDINGS ON REMOVAL. MODE OF TRIAL. § 1041 action, including the recognizances for the appearance of the defend- ant, and of the witnesses, to the court to which the action is re- moved." § 1037. Proceedings on removal, if defendant is in cus- tody. If the defendant is in custody, the order must direct his removal, and he must be forthwith removed by the sheriff of the county where he is imprisoned, to the custody of the sheriff of the county to which the action is removed. Legislation § 1037. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §3.32); based on Crim. Prac. iVct, Stats. 1851, p. 246, § 316, which read: "§-316. If the defendant be in custody the order shall direct his removal by the sheriff of the county where he is impris- oned to the custody of the sheriff of the county to which the action is removed, and he shall be forthwith removed accordingly." § 1038. Authority of court to which action is removed. When original papers must be transmitted. The court to which the action is removed must proceed to trial and judg- ment therein as if the action had been commenced in such court. If it is necessary to have any of the original plead- ings or other papers before such court, the court from which the action is removed must at any time, upon application of the district attorney or the defendant, order such papers or pleadings to be transmitted by the clerk, a certified copy thereof being retained. Costs on removal of criminal action chargeable against what county: See Pol. Code, § 4345. Proceedings on removal in justices' or police courts: See post, § 1432. Legislation § 1038. Enjtcted February 14, 1872 (N. Y. Code Crim. Proc, § 353); in substance the same as Crim. Prac. Act, Stats. 1851, p. 246, § 316. CHAPTER VII. The Mode of Trial. § 1041. Issue of fact defined. § 1042. Issue of fact, how tried. § 1043. When presence of defendant is necessary on the trial. § 1041. Issue of fact defined. An issue of fact arises: 1. Upon a plea of not guilty. 2. Upon a plea of a former conviction or acquittal of the same offense. 3. Upon a plea of once in jeopardy. [Amendment ap- proved 1880; Code Amdts. 1880, p. 45.] Legislation § 1041. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §354); in exact language of Crim. Prac. Act, Stats. 1851, p. 246, § 318. When enacted in 1872, § 1041 read: "1041. An issue of fact arises: 1. Upon a plea of not guilty; or, 2. Upon a plea of a former conviction or acquittal of the same offense." 2. Amended by Code Amdts. 1880, p. 45. § 1043 PENAL CODE. 506 § 1042. Issue of fact, how tried. Issues of fact must be liicd 1)\ jury, uiik'ss a trial l)y jury be waived in criminal cases not amounting to felony, by the consent of both par- ties ex])ressod in oikmi court and entered in its minutes. In eases of misckMneanor tlie jury may consist of twelve, or any nuinl)or less than twelve upon which the parties may agree in open court. [Amendment approved 1880; Code Amdts. 1880, p. 5.] Number of jurors: In eases of misdomoanor, the jury may consist of twelve, or of any number less than twelve upon which the parties may agree in open court: Const. 1879, art. i. § 7. issue of fact, defined: Code Civ. Proc, § .lOO. Waiver of jury in justice's or police court: See post, § 1435. Presence of defendant in police or justice's court: See post, § 1434 Legislation § 1042, 1, Enacted February 14, 1872 (N. Y. Code Crim. Proc, §355); based on Crim. Prac. Act, Stats. 1851, p. 246, § 319, which read: "§ 319. An issue of fact must be tried by a jury of the county in which the indictment was found, unless the action be removed by order of the court into some other county." When enacted in 1872, § 1042 read: "1042. Issues of fact must be tried by jury." 2. Amended by Code Amdts. 1880, p. 5. § 1043. When presence of defendant is necessary on the trial. If the prosecution be for a felony, the defendant must be personally present at the trial; but if for misdemeanor, the trial may be had in the absence of the defendant ; if, however, his presence is necessary for the purpose of identifi- cation, the court may, upon application of the district attor- ney, by an order or warrant, require the personal attendance of the defendant at the trial. [Amendment approved 1880, Code Amdts. 1880, p. 19.] Legislation § 1043. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 356) ; based on Crim. Prac. Act, § 320, as amended bv Stats. 1863, p. 160, § 15, which read: "§320. If the indictment be for felony, the defendant must be personally present at the trial; but if for misdemeanor, the trial may be had in the absence of the defendant; provided, if his presence be necessary, for the purpose of identification, the court may, upon application of the district attorney, by an order or warrant to that effect, require the personal attendance of the defendant at the trial; the defendant shall also be personally present when judgment is pronounced, if the court may deem it necessary." 2, Amended by Code Amdts. 1880, p. 19, substituting "If the prosecution be" for "If the indictment is," at beginning of section. 507 FORMATION OF TRIAL JURY. CALENDAR OF CASES. § 1048 CHAPTER Vlll. Formation of the Trial Jury and the Calendar of Issues for Trial. § 1046. Formation of trial jury. § 1047. Clerk to prepare a calendar. § 1048. Order of disposing of issues on the calendar. § 1049. Defendant entitled to two days to prepare for trial. § 1046. Formation of trial jury. Trial juries for crimi- nal actions are formed in the same manner as trial juries in civil actions. Impaneling trial juries: Code Civ. Proc. §§ 246, 247. Formation of jury: Code Civ. Proc, §§ 600-604. Qualifications and exemptions of jurors: Code Civ. Proc, §§ 198- 202. Legislation § 1046. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 358); in substance the same as Crim. Prac Act, Stats. 1851, p. 247, §321. § 1047. Clerk to prepare a calendar. The clerk must keep a calendar of all criminal actions pending in the court, enumerating them according to the date of the filing of the indictment or information, specifying opposite the title of each action whether it is for a felony or a misdemeanor, and whether the defendant is in custody or on bail. [Amend- ment approved 1880; Code Amdts. 1880, p. 20.] Legislation § 1047. 1. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 247, § 322, which read: "§ 322. The clerk shall keep a docket of all the criminal actions pending in the court, in which he shall enter each indictment according to the date of the tiling, specifying opposite the title of each action whether it be for a felony or a misdemeanor, and whether the defendant be in custody or on bail." 2, Amended by Code Amdts, 1880, p. 20, (1) substituting "keep a calendar" for "prepare a calendar," and (2) inserting "or informa- tion" after "indictment." § 1048. Order of disposing of issues on the calendar. The issues on the calendar must be disposed of in the following order, unless for good cause the court shall direct an action to be tried out of its order : 1. Prosecutions for felony, when the defendant 'is in cus- tody. 2. Prosecutions for misdemeanor, when the defendant is in custody. 3. Prosecutions for felony, when the defendant is on bail. 4. Prosecutions for misdemeanor, when the defendant is on bail. [Amendment approved 1880; Code Amdts. 1880, p. 20.] Legislation § 1048. 1. Enacted February 14, 1872; in substance the same as Crim. Prac. Act, Stats. 1851, p. 247, § 323. When en- § 1053 I'ENAL CODE. 508 acted in 1S72, (1) the introductory paragraph read: "The issues on the calendar must be disposed of in the following order, unless upon the ajiplicatiou of either party, for good cause shown by a/Iidavit, and upon two ilays" notice to the op])Osite party, with service of a copy of the aflidavit in support of the ai)plication, the court shall direct an indictment to be tried out of its order"; (2) the four sub- divisions liad the worENAI; CODE. 512 1060. When and how taken. A challenge to the panel must 1k' taken bel'oie a jui'or is sworn, and must be in writ- ing: or ])e noted by tlie phonoiiraphie reporter, and must plainly and distinctly state the facts eonstitutint^ the ground of challenge. Challenge to panel: See post. § 10S7. Legislation § 1060. Enactecl Fcbruarv M, 1872 (N. Y. Code Crim. Prop.. § 36.1); based on Crim. Prae. Act, Stat§. 1S51, p. 247, § 331, which read: "§331. A challenge to a panel must be taken before a juror is sworn, and must be in writing, specifj-ing plainly and dis- tinctly the facts constitu^jng the grounds of challenge." § 1061. If sufficiency of the challenge be denied, adverse party may except. Exception, how taken and tried. If the sutYicioney of the facts alleged as .uround of the ehallenjre is denied, the adverse party may except to the challeng:e. The exception need not be in writing, but must be entered on the minutes of the court, or of the ph-onographic reporter, and thereupon the court must proceed to try the sufficiency of the challenge, assuming the facts alleged therein to be true. Exception to challenge and proceedings on: See post, §§ 1062, 1077, 107S. Exception to ruling: Post, § 1170. Trial of challenge: See post, §§ 1077, 1078, 1081. Legislation § 1061. Enacted February 14, 1872 (X. Y. Code Crim. Proc, § 364); based on Crim. Prac. Act, Stats. 1851, p. 248, §§ 332, 333, which read: "§ 332. If the sufficiency of the facts alleged as a ground of challenge be determined, the adverse party may except to the challenge. The exception need not be in writing, but shall be entered on the minutes of the, court. § 333. Upon the exception the court shall proceed to try the sufficiency of the challenge, as- suming the facts alleged therein to be true." § 1062. If exception overruled, court may allow denial, etc. If, on the exception, the court finds the challenge suffi- cient, it may, if justice requires it, permit the party except- ing to withdraw his exception, and to deily the facts alleged in the challenge. If the exception is allowed, the court may, in like manner, permit an amendment of the challenge. Exception to challenge and proceedings on: See ante, §1061; post, §§ 1077, 1078. Legislation § 1062. Enacted February 14, 1872 (N. Y. Code Crim. Proc. § 36.'i); in substance the same as Crim. Prac. Act, Stats. 1851, p. 248, § 334. § 1063. Denial of challenge, how made, and trial thereof. Who may be examined on trial of challenge. If the chal- lenge is denied, the denial may be oral, and must be entered on the minutes of the court, or of the phonographic reporter, and the court must proceerl to try the question of fact: and 513 CHALLEiSGING THE JURY. § 1066 upon such trial, the officers, whether judicial or ministerial, whose irregularity is complained of, as well as any other persons, may be examined to prove or disprove the facts alleged as the ground of the challenge. Legislation § 1063. Enacted February 14, 1872 (N. Y. Code Grim. Proc, §§ 366, 367); based on Crim. Prac. Act, Stats. 1851, p. 248, §§ 335, 336, which read: "§ 335. If the challenge be denied, the denial may in like manner be oral, and shall be entered on the min- utes of the court, and the court shall proceed to try the question of fact. § 336. Upon such trial, the officers, whether judicial or min- isterial, whose irregularity is complained of, as well as any other persons, may be examined to prove or disprove the facts alleged as the grounds of challenge." § 1064. Challenge when jury is summoned but not drawn, for bias in summoning officer. When the panel is formed from persons whose names are not drawn as jurors, a chal- lenge may be taken to the panel on account of any bias of the officer who summoned them, which would be good ground of challenge to a juror. Such challenge must be made in the same form, and determined in the same manner, as if made to a juror. Legislation § 1064. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 248, § 337, which read: "§ 337. When the panel is formed from persons whose names are not drawn from the grand-jury box, a challenge may be made to the panel en account of any bias of the officer who summoned the jury, which would be good ground of challenge to a juror. Such objection shall be made in the same form, and determined in the same manner as when made to a juror." § 1065. If challenge allowed jury to be discharged ; if disallowed, to be impaneled. If, either upon an exception to the challenge or a denial of the facts, the challenge is al- lowed, the court must discharge the jury so far as the trial in question is concerned. If it is disallowed, the court must direct the jury to be impaneled. [Amendment approved 1880; Code Amdts. 1880, p. 20.] Legislation § 1065. 1. Enacted February 14, 1872 (jST. Y. Code Crim. Proc, § 368); in substance the same as Crim. Prac. Act, Stats. 1851, p. 248, § 338. 2. Amended by Code Amdts. 1880, p. 20, changing "trial of Uie indictment in question" to "trial in question." § 1066. Defendant to be informed of his right to challenge individual jurors. Before a juror is called, the defendant must be informed by the court, or under its direction, that if he intends to challenge an individual juror he must do so when the juror appears, and before he is sworn. Legislation § 1066. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 369); in substance the same as Crim. Prac. Act, Stats. 1851, p. 248, § 339. Pen. Code — 33 § 1071 PENAL CODE. 514 § 1067. Kinds of challenges to individual juror. A clial- leuge to an indivitlual juror is either: 1. Peremptory ; or, 2. For cause. Challenges, kinds of: See ante, § 1055; post, § 1071. Legislation § 1067. Enacted February 14, 1872 (N. Y. Code Crim. Proc. § ;^70) ; in cxaft language of Crim. Prac. Act, Stats. 1851, p. 248, § 340. § 1068. Challenge, when taken. Tt must be taken when the juror appears, and before lie is sworn to try the cause; but the court may for cause permit it to be taken after the juror is sworn, and before tlie jury is completed. Legislations 1068. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §371); based on Crim. Prac. Act, Stats. 1851, p. 248, § 341, •which read: "§ 341. It must be taken when the juror appears, and before he is sworn, but the court may for good cause permit it to be taken after the juror is sworn, and before the jury is completed." § 1069. Peremptory challenge, what, and how taken. A peremptory cli alienee can be taken by either party, and may be oral. Tt is an objection to a juror for Avhich no reason need be given, but upon which the court must exclude him. Legislation § 1069. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 372); in substance the same as Crim. Prac. Act, Stats. 1851, p. 248, § 342. § 1070. Number of peremptory challenges. If the offense charged 1 e punishable with death, or with imprisonment in the state prison for life, the defendant is entitled to twenty and the state to ten peremptory challenges. On a trial for any other offense, the defendant is entitled to ten and the state to five peremptorv ehallentres. [Amendment approved 1874; Code Amdts. 1873-74, p. 411.] Numl:er of peremptory challenges: See post, §1089. Legislation §1070. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 373); in substance the same as Crim. Prac. Act, § 343, as amended by Stats. 1863-64, p. 394, § 1. \\'hen enacted in 1872, § 1070 read: "1070. If the offense charged is punishable with death, ,or with imprisonment in the state prison for life, the defendant is entitled to ten and the state to five peremptory challenges. On a trial for any other offense, the defendant is entitled to five and the Btate to three peremptory challenges." 2. Amended by Code Amdts. 1873-74, p. 441. § 1071. Definition and kinds of challenge, for cause. A challenge for cause may be taken by either party. It is an objection to a particular juror, and is either: 1. General — that the juror is disqualified from serving in any case ; or, 515 CHALLENGING THE JURY. § 1073 2. Particular — that he is disqualified from serving in the action on trial. Challenge, definition of: See ante, § 1055. Challenges, kinds of: See ante, §§ 1055, 1067. Legislation § 1071. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 374); in substance the same as Crim. Prac. Act. Stats. 1851, p. 249, § 344. § 1072. General causes of challenge. General causes of challenge are : 1. A conviction for felony ; 2. A want of any of the qualifications prescribed by law to render a person a competent juror ; 3. Unsoundness of mind, or such defect in the faculties of the mind or organs of the body as renders him incapable of performing the duties of a juror. Qualifications req.uired of jurors: Code Civ. Proc, § 198. See Const., art. xx, § 11. Exemptions: Code Civ. Proc, § 200. Legislation § 1072. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §375); in substance tlie same as Crim. Prac. Act, Stats. 1851, p. 249, § 345. § 1073. Particular causes of challenge. Particular causes of challenge are of two kinds : First. For such a bias as, when the existence of the facts is ascertained, in judgment of law disqualifies the juror, and which is known in this code as implied bias. Second. For the existence of a state of mind on the part of the juror in reference to the case, or to either of the par- ties , w^hieh will prevent him from acting with entire impar- tiality and without prejudice to the substantial rights of either party, which is known in this code as actual bias. [Amendment approved 1874:; Code Amdts. 1873-74, p. Ml.] Implied bias: Post, § 1074. Actual bias: Post, § 107G. Legislation § 1073. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 376); in substance tlie same as Crim. Prac. Act, § 346, as amended by Stats. 1867-68, p. 704, § 1. When § 1073 was enacted in 1872, the introductory paragraph and subd. 1 read same as at present; subd. 2 then reading, "2. For the existence of a state of mind on the part of the juror in reference to the case, which, in the exercise of a sound discretion on the part of the trier, leads to the inference that he will not act with entire impartiality, and which is known in this code as actual bias; but a hypothetical opin- ion, founded ou hearsay or information supposed to be true, un- accompanied with malice or ill-will, does not disqualify a juror, and is not a cause of ehallengo for either actual or implied bias." 2, Amended by Code Amdts. 1873-74, p. 441. § 107-1- I'ENAL CODE. 516 § 1074. Ground of challenge for implied bias. A ilial- leiige Tor implied bias inay \>v. taken I'ur all oi" au\' ol" the lollowiiit;' causes, and for no otiier: 1. Consanguinity or affinity within the I'oui'th decree to the person alleged to be injured by the olfense charged, or on Avh()S(^ complaint tlie pi'osecution was instituted, or to the defendant. 2. Standing in the relation of guardian and Avard, attorney and client, master and servant, or landlord and tenant, or being a member of the family of the defendant, or of the per- son alleged to be injui'ed by the offense charged, or on whose complaint the prosecution was instituted, or in his employ- ment on wages. 3. Being a party adverse to the defendant in a civil action, or having complained against or been accused by him in a criminal prosecution. 4. Having served on the grand jury which found the in- dictment, or on a coroner's jury which inquired into the death of a person Avhose death is the subject of the indict- ment or information. 5. Having served on a trial jury which has tried another person for the offense charged. 6. Having been one of a jury formerly sworn to try the same charge, and whose verdict Avas set aside, or Avhich Avas discharged Avithout a verdict, after the case Avas submitted to it. 7. Having served as a juror in a civil action brought against the defendant for the act charged as an offense. 8. If the offense charged be punishable Avith death, the entertaining' of such conscientious opinions as avouIcI pre- clude his finding the defendant guilty ; in Avhich case he must neither be permitted nor compelled to serve as a juror. [Amendment approved 1880; Code Amdts. 1880, p. 20.] Legislation § 1074. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 377); in substance the same as Crim. Prac. Act, Stats. 1851, p. 249, § 347. When § 1074 was enacted in 1872, (1) the in- troductory paragraph and subds. 1, 2, and 3 read same as the amend- ment of 1880 (the present section); (2) subd. 4 did not have the words "or information" at end of subdivision (which were added in 1880); (3) subd. 5 had the words "in the indictment" at end of subdivision (omitted in 1880); (4) subd. 6 had the word "indict- ment" instead of "charge" (changed in 1880); (5) between the present subds. 7 and 8 the section contained another subdivision, numbered 8 (omitted in 1873-74), reading, "8. Having formed or expressed an unqualified opinion or belief that the prisoner is guilty or not guilty of the offense charged"; (6) the present subd. 8 was then subd. 9. 2. Amended by Code Amdts. 1873-74, p. 442, (1) omitting subd. 8 of the original code section, and (2) subd. 9 renumbered subd. 8. 3. Amended by Code Amdts. 1880, p. 20. 517 CHALLENGING THE JURY. ^10i7 § 1075. Exemption not a ground of challenge. Aii ex- emption from service on a jury is not a cause of challenge, but the privilege of the person exempted. Exemption from jury duty: See Code Civ. Proc, § 200. Legislation § 1075. Kiiacted February 14, 1872 (N. Y. Code Crim. Proc, § ;]79) ; ill exact language of Crim. Prac. Act, Stats. 1851, ji. 250, § 318. § 1076. Stating causes of challenge. In a challenge for implied bias, one or more of the causes stated in section ten hundred and seventy-four must be alleged. In a challenge for actual bias, the cause stated in the second su!:division of section ten hundred and seventy-three must be alleged ; but no person shall be disqualified as a juror by reason of having formed or expressed an opinion upon the matter or cause to be submitted to such jury, founded upon public rumor, statements in public journals, or common notoriety; provided it appear to the court, upon his declaration, under oath or otherwise, that he can and will, notwitlistanding such an opinion, act impartially and fairly upon the matters to be submitted to him. Tlie challenge may be oral, but must be entered in the minutes of the court or of the pho- nographic reporter. [Amendment approved 1874; Code Amdts. 1873-74, p. 443.] Legislation § 1076. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §380); based on Crim. Prac. Act, Stats. 1851, p. 250, § 349, which read: "§ 349. In a challenge for implied bias, one or more of the causes stated in section three hundred and forty-seven mu?'t be alleged. In a challenge for actual bias, it must be alleged that the juror is biased against the party challenging. In either case the challenge may be oral, but must be entered on the minutes of the court." When enacted in 1872, § 1076 read: "1076. In a challenge for implied bias, one or more of the cause's stated in sec- tion 1074 must be alleged. In a challenge for actual bias, the cause stated in the second subdivision of section 1073 must be alleged. In either case the challenge may be oral, but must be entered on the minutes of the court or of the phonographic reporter." 2. Amended by Code Amdts. 1873-74, p. 443. § 1077. Exceptions to challenge, and denial thereof. The adverse party may except to the cliallenge in the same man- ner as to a challenge to the panel, and the same proceedings must be had thereon as are prescribed in section ten hun- dred and sixty-one, except that if the exception be allowed the juror must be excluded. The adverse party may also orally deny the facts alleged as the ground of challenge. Exceptions, sufficiency of: Compare with §§ 1061, 1062, ante. Exceptions to court's ruling and proceedings on: See ante, §§ 1061, 1062, 1070; post, § 1078. Trial of challenge: See ante, § 1061 ; post, §§ 1071, 1078. § 1083 PENAL CODE. 518 Legislation § 1077, Euactcl February 14, 1872 (N. Y. Code Crini. I'roi'., S ;!S1 ) ; in substance llic same as f-rini. I'rac. Act, Slats. 185], p. 250, § ."{50. • §1078. Trial of challenge. U' the iuels are (IciulmI, tlie challenge must be tried by the court. [Aincndnicut ap- proved 1874; Code Aiiidts. 187;J-74, p. 44)]. j Exception to challenge and proceedings on: See ante, §§ 1061, 10G2, 1077. Trial of challenge: See ante, §§ lOGl, 1077; post, § 1081. Legislation § 1078. 1. Enacted February 14, 1872 (N. Y. Code . Grim. Proc, § 382); in substance the same as Crim. Prac. Act, Stats. 1851, p. 250, §351. When enacted in 1872, § 1078 read: "1078. If the facts are denied, the challenge must be tried as follows: 1. If it be for implied bias, by the court. 2. If it be for actual bias, by triers." 2. Amended by Code Amdts. 1873-74, p. 4 4:3. § 1079. Triers, how appointed. Majority may decide. [Repealed 1874; Code Amdts. 1873-74, p. 443.] , Legislation § 1079. 1. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 250, § 352. 2. Repealed by Code Amdts. 1873-74, p. 443. §1080. Oath of triers. [Repealed 1874; Code Amdts. 1873-74, p. 443.] Legislation § 1080. 1. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 250, § 353. 2. Repealed by Code Amdts. 1873-74, p. 443. § 1081. Juror challenged may be examined as a witness. Upon the trial of a challenge to an individual juror, the juror challenged may be examined as a witness to prove or dis- prove the challenge, and must answer every question perti- nent to the inquiry. Trial of challenge: See aute, §§ 1061, 1077, 1078. Legislation § 1081, Enacted February 14, 1872 (N. Y. Code Crim. Proc.-, § 3S3); in substance the same as Crim. Prac. Act, Stats. 1851, p. 250, § 354. § 1082. Rules of evidence on trial of challenge. Other witnesses may also be examined on either side, and the rules of evidence applicable to the trial of other issues govern the admission or exclusion of evidence on the trial of the challenge. Legislation § 1082. Enacted February 14, 1872 (N. 1^ Code Crim. Proc, § 384); in substance the same as Crim. Prac. Act, Stats. 1851, p. 250, §355. § 1083. Decision. The court must allow or disallow the challenge, and its decision must be entered in the minutes of the court. [Amendment approved 1874; Code Amdts. 1873-74, p. 443.] 519 CHALLENGING THE JURY. § 1088 Legislation § 1083, 1. Euaeted February 14, 1872; in substance the same as Crini. Prac. Act, Stats. 1851, p. 250, § 356. When en- acted iu 1872, § 1083 read: "1083. On the trial of a challenge for implied bias, the court must determine the law and the fact, and must either allow or disallow the challenge, and direct an entry accordingly upon the minutes." 2. Amended by Code Amdts. 1873-74, p. 443. § 1084. Instructions to triers on trial of challenge for actual bias. [Repealed 1874; Code Amdts. 1873-74, p. 444.] Legislation § 1084. 1. Enacted February 14, 1872; based on Grim. Prac. Act, § 357, as amended by Stats. 18(37-68, p. 704, § 2. 2. Eepealed by Code Amdts. "1873-74, p. 444. § 1085. Verdict of triers, and its effect. [Repealed 1874 ; Code Amdts. 1873-74, p. 444.] Legislation § 1085. 1. Enacted February 14, 1872; based on Grim. Prac. Act. Stats. 1851, p. 251, § 358. 2. Kepealed by Code Amdts. 1873-74, p. 444. § 1086. Challenges, first by the defendant and then by the people. All challenges to an individual juror, except per- emptory, must be taken, first by the defendant, and then by the people, and each party must exhaust all his challenges before the other begins. Legislation § 1086. Enacted February 14, 1872 (N. Y. Code Grim. Proc, § 385); in substance the same as Grim. Prac. Act, Stats. 1851, p. 251, § 359. § 1087. Order of challenges. The challenges of either party for cause need not all be taken at once, but they must be taken separately, in the following order, including in each challenge all the causes of challenge belonging to the same class : 1. To the pauel ; 2. To an individual juror, for a general disqualification; 3. To an individual juror, for an implied bias ; 4. To an individual juror, for an actual bias. Challenge to panel: See ante, § 1060. Legislation § 1087. Enacted February 14, 1872 (N. Y. Code Grim. Proc, § 386) ; in substance the same as Grim. Prac. Act, Stats. 1851, p. 251, § 360. § 1088. Peremptory challenges may be taken after chal- lenges for cause on both sides are exhausted. If all challenges on both sides are disallowed, either party, first the people and then the defendant, may take a peremptory challenge, unless the parties' peremptory challenges are exhausted. Legislation § 1088. Enacted February 14, 1872; based on Grim. Prac. Act, Stats. 1851, p. 251, § 361, which read:. "§ 361. If all the ^ 1089 I'ENAL CODE. 520 challoii^'ors | (.■liiiUtMigcsJ. on botli ,si killing being proved, the burden of proving circumstances of mitigation, or that justify or excuse the homicide, will devolve on the accused, unless the proof on the part of the prosecution suffi- ciently manifests that the crime committed only amounts to man- slaughter, or that the accused was justified or excused in committing the homicide." § 1106. Evidence on a trial for bigamy. Upon a trial for bigamy, it is not necessary to prove either of the marriages by the register, certificate, or other record evidence thereof, but the same may be proved by such evidence as is admissible to prove a marriage in other cases ; and "when the second marriage took place out of this state, proof of that fact, accompanied with proof of cohabitation thereafter in this state, is sufficient to sustain the charge. Bigamy, defined: Ante, § 281. Legislation § 1106. Enacted February 14, 1872; based on Crimes and Punishment Act, § 121, as amended by Stats. 1861, p. 415, § 1; so much of § 121 as related to the subject of the present section read- ing, "It shall not be necessary to prove either of the said marriages by the register, or certificate, thereof, or other record evidence, but the same may be proved by such evidence as is admissible to prove a marriage in other cases, and when such second marriage shall have taken place without this state, cohabitation in this state, after such second marriage, shall be deemed the commission of the crime of bigamy." § 1107. Evidence upon a trial for forging bank bills, etc. Upon a trial for forging any bill or note purporting to be the bill or note of an incorporated company or bank, or for passing, or attempting to pass, or having in possession with intent to pass, any such forged bill or note, it is not neces- sary to prove the incorporation of such bank or company by the charter or act of incorporation, but it may be proved by general reputation ; and persons of skill are competent witnesses to prove that such bill or note is forged or counterfeited. Forgery and counterfeiting: See ante, § 470. Legislation § 1107. Enacted February 14, 1872; in substance the same as Crimes and Punishment Act, Stats. 1850, p. 238, § 79. 527 ABORTION. LOTTERY TICKETS. FALSE PRETENSES. § ] 110 § 1108. Abortion and seduction, evidence upon a trial for. Upon a trial for procuring or attempting to procure an abor- tion, or aiding or assisting therein, or for inveigling, en- ticing, or taking away an unmarried female of previous chaste character, under the age of eighteen years, for the purpose of prostitution,- or aiding or assisting therein, the defendant cannot be convicted upon the testimony of the woman upon or with whom the offense was committed, un- less she is corroborated by other evidence. [Amendment approved 1905; Stats. 1905, p. 696.] Legislation § 1108. 1. Enacted February 14, 1872. 2. Amendment by Stats. 1901, p. 487; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 696, substituting "eighteen years" for "twenty-five years''; the code commissioner saying, "The pur- pose is to conform the section to the provisions of § 266." § 1109. Evidence on a trial for selling', etc., lottery tickets. Upon a trial for the violation of any of the pro- visions of chapter nine, title nine, part one of this code, it is not necessary to prove the existence of any lottery in which any lottery ticket purports to have been issued, or to prove the actual signing of any such ticket or share, or pretended ticket or share, of any pretended lottery, nor that any lottery ticket, share, or interest was signed or is- sued by the authority of any manager, or of any person assuming to have authority as manager; but in all eases proof of the sale, furnishing, bartering, or procuring of any ticket, share, or interest therein, or of any instrument pur- porting to be a ticket, or part or share of any such ticket, is evidence that such share or interest was signed and issued according to the purport thereof. "Provisions of chapter nine, title nine, part one, of this code"; Ante, §§ 319-326. Legislation § 1109. Enacted Februar}- 14, 1872; iu substance the same as Stats. 1861, p. 231, § 12. § 1110. False pretenses, evidence of. Upon a trial for having, with an intent to cheat or defraud another de- signedly, by any false pretense, obtained the signature of any person to a written instrument, or having obtained from any person any labor, money, or property, whether real or personal, or valuable thing, the defendant cannot be con- victed if the false pretense was expressed in language un- accompanied by a false token or writing, unless the pretense, or some note or memorandum thereof is in writing, sub- scribed by or in the handwriting of the defendant, or unless the pretense is proven by the testimony of two witnesses, or ^ 1112 pi!:NAL CODE. 528 that ol" one witness and corroborating circumstances ; but this section does not apply to a prosecution for falsely rep- resenting or personating anotlier, and, in such assumed character, marrying, or receiving any money or property. [Anienchueiit appi-oved VM)C); Stats. 1905, p. 696.] Marrying uuder false personation: See ante, § 528. Legislation § 1110. 1. Enacteil February 14, 1872; in substance the same as (.'rim. Prac. Act, § ?»76, as amended by Stats. 1S62, p. 53, § 1, except that it did not contain tlie excepting clause at tlie end of the code section. 2. Amendment by Stats. 1901, j). 4S7; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 69G, chanoing (1) "any money, per- sonal ])roperty," to "any labor, money, or property, whether real or personal," (2) "be" to "is" before "in writing" and before "proven," and (3) "shall" to "does" before "not apply"; the code commissioner saying of the first change, "thus conforming the sec- tion to the amendment to § 532." § 1111. Conviction on testimony of accomplice. Accom- plice defined. A conviction cannot l)e had upon the testi- mony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof. An accomplice is hereby de- fined as one who is liable to prosecution for the identical offense charged against the defendant on trial in the cause in which the testimony of the accomplice is given. [Amend- ment approved 1915; Stats. 1915, p. 760.] Legislation § 1111. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 399) ; based on Crim. Prac. Act, Stats. 1851, p. 252, § 375, which read: "§ 375. A conviction cannot be had upon the testimony of an accomplice, unless he be corroborated by such other evidence as shall tend to connect the defendant with the commis- sion of the offense: and the corroboration shall not be sufScient if it merely show the commission of the offense or the circumstances thereof." As enacted in 1872 the section read: "A conviction can- not be had on the testimony of an accomplice, unless he is corrobor- ated by other evidence which in itself, and without the aid of the testimony of the accomplice, tends to connect the defendant with the commission of the offense; and the corroboration is not sufficient, if it merely shows the commission of the offense, or the circum- stances thereof." 2. Amended by Stats. 1911, p. 484, to read: "A conviction cannot be had upon the testimony of an accomplice, unless he be corrobor- ated by such other evidence as shall tend to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof." 3. Amended by Stats. 1915, p. 760. § 1112. If the evidence shov^^ higher offense than the one charged, proceedings to be had thereon. [Repealed 1880; Code Amdts. 1880, p. 6.] 529 THE TKIAL. DISCHARGE OF JURY. § 1115 Legislation § 1112. 1. Enacted February 14, 1872 (N. Y. Grim. Prac. Act, §40(1); based on Grim. Prac. Act, Stats. 1851, p. 253, S§ 379, 3.SU. 2. Kepoaled by Godc Amdts. 1880, p. 0. Another section numbered 1112, entitled "Conviction of accessory after the fact," was added by Stats. 1901, p. 487; unconstitutional. See note, § o, ante. § 1113. Court may discharge jury when it has not juris- diction, etc. The court may direct the jury to be discharged where it appears that it has not jurisdiction of the oif ense, or that the facts charged do not constitute an offense punish- able by law. [Amendment approved 1880; Code Amdts. 1880, p. 22.] Jurisdiction generally: See ante, §§ 777 et seq. Legislation § 1113. 1. Enacted February 14, 1872 (N. Y. Gode Grim. Proc, § 4U2) ; in substance the same as Grim. Prac. Act, Stats. 1851, p. 253, § 381. 2. Amended by Code Amdts. 1880, p. 22, omitting "in the indict- ment" after "facts charged.'' § 1114. Proceeding- if jury discharged for want of juris- diction of offense committed out of the state. If the jury be discharged because the court has not jurisdiction of the offense charged, and it appear that it was committed out of the jurisdiction of this state, the defendant must be dis- charged. [Amendment approved 1880; Code Amdts. 1880, p. 22.] Crime committed out of state: Ante, § 27, subd. 3. Jurisdiction: See ante, §§ 778, 793, 794. Legislation § 1114. 1. Enacted February 14, 1872 (N. Y. Gode Grim. Proc, § 403); in substance the same as Grim. Prac. Act, Stats. 1851, p. 253, § 382. 2. Amended by Gode Amdts. 1880, p. 22, (1) changing "is" to "be" after "If the jury"; (2) omitting "in the indictment" after "offense charged"; (3) changing "appears" to "appear." § 1115. Proceeding in such case, when offense committed in the state. If the offense was committed within the ex- clusive jurisdiction of another county of this state, the court must direct the defendant to be committed for such time as ' it deems reasonable, to await a warrant from the proper county for his arrest ; or if the offense is a misdemeanor only, it may admit him to bail in an undertaking, with suffi- cient sureties, that he will, within such time as the court may appoint, render himself amenable to a Avarrant for his arrest froln the proper county; and, if not sooner arrested thereon, will attend at the office of the sheriff of the county where the trial was had, at a certain time particularly specified in the undertaking, to surrender himself upon the Pen. Code — 34= §1117 PENAL CODE. 530 warrant, if issued, or thnt his ])ail will forfeit such sum as the eourt may fix, to be mentioned in tlie undei'laking; and the clerk must forthwith transmit a certified copy of the indictment or information, and of all the papers filed in the action, to the district attorney of the proper county, the expense of Avhich transmission is chargeable to that county. [Amendment approved 1880 ; Code Amdts. 1880, p. 22.] Legislation § 1115. 1. Enactca Februaiy 14, 1872 (N. Y. Co) ; in siihst;iiico tlio sanu' ns ('rim. J'rnc. .\i't, Stuls. IS")!, p. 254, s ;;ii2. § 1121. Jurors may be permitted to separate during trial. The jurors sworn to try an action may, at any tiino before the submission of the cause to the jury, in the discretion of the court, l)e permitted to separate or be kept in charge of a proper officer. The officer must be sworn to keep the jurors together until the next meeting of the court, to suffer no person to speak to them or communicate Avith them, nor to do so himself, on any subject connected with the trial, and to return them into court at the next meeting thereof. [Amendment approved 1880; Code Amdts. 1880, p. 23.] Oath and duty of officer having custody of juror: See post, §§ 1128, 1440. Legislation § 1121. 1. Enacted February 14, 1872 (N. Y. Code Grim. Proe., §414); in substance the same as Grim. Prac. Act, Stats. 1851, p. 255, § 393. 2. Amended by Code Amdts. 1880, p. 23, in tlrst sentence, substi- tuting "action" for "indictment." § 1122. Jury at each adjournment must be admonished, etc. The jury must also, at each adjournment of the court, whether permitted to separate or kept in charge of officers, be admonished by the court that it is their duty not to con-_ verse among themselves or with any one else on any subject connected Avith the trial, or to form or express any opinion thereon until the cause is finally submitted to them. Legislation § 1122. Enacted February 14, 1872 (N. Y. Code Grim. Proc, §415); in substance the same as Grim. Prac. Act, Stats. 1851, p. 255, § 394. § 1123. Proceeding's Vi^hen juror becomes unable to per- iorm his duties. If, before the conclusion of the trial, a juror becomes sick, so as to be unable to perform his duty, the court may order him to be discharged. In that case a new juror may be sworn and the trial begin anew, or the jury may be discharged and a new jury then or afterwards impaneled. Discharge of jury: See post, § 1139. Proceedings where juror becomes sick: See ante, § 1089, post, § 1139. Alternate jurors, provision for: See ante, § 1089. Legislation § 1123. Enacted February 14, 1872 (N. Y. Code Grim. Proc, § 416); in substance the same as Grim. Prac. Act, Stats. 1851, p. 255, § 395. § 1124. Court to decide questions of law arising during trial. The court must decide all questions of law which arise in the course of a trial. 533 DECISIONS OF QUESTIONS OF LAW. CHARGING JUKV. §1127 Court to decide questions of law: See post, §§ 1126, 1439. Jury to determine law and fact in libel: See ante, §251 j post, §§ 1125, 1126. Legislation § 1124. Enacted February 14, 1872 (N. Y. Code Grim. Proc, §417); in substance the same as Grim. Prac. Act, Stats. 1851, p. 255, § 396. § 1125. On trial for libel jury to determine law and fact. On a trial for libel, the jury has the right to determine the law and the fact. [Amendment approved 1880 ; Code Amdts. 1880, p. 23.] Same principle: Const. 1879, art. i, § 9. Jury determines law and fact: See ante, § 251; post, § 1126. Verdict in libel: See post, § 1150. Legislation § 1125. 1. Enacted February 14, 1872 (K Y. Code Grim. Proc, § 418); in substance the same as Crim. Prac. Act, Stats. 1851, p. 255, §397. When enacted in 1872, § 1125 read: "1125. On the trial of an indictment for libel the jury have the right to deter- mine the law and the fact." 2. Amended by Code Amdts. 1880, n. 23. § 1126. In air other cases court to decide questions of law. On a trial for any other offense than libel, questions of law are to be decided by the court, questions of fact by the jury; and, although the jury have the power to find a general verdict, which includes questions of law as well as of fact, they are bound, nevertheless, to receive as law what is laid down as such by the court. [Amendment approved 1880; Code Amdts. 1880, p. 23.] In libel jury decides law and fact: See Const. 1879, art. i, § 9. See also ante, §§ 251, 1125. Court to decide questions of law: See ante, § 1124; post, § 1439. Verdict in libel: See post, § 1150. Legislation § 1126. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §419); based on Crim. Prac. Act, Stats. 1851, p. 255, § 398 which read: "§ 398. On the trial of an indictment for any other offense than libel, questions of law are to be decided by the court, saving the right of the defendant to except questions of fact by the jury, and altliough the jury have the power to find a general verdict, which includes questions of law as well as of fact, they are bound, nevertheless, to receive as law what is laid down as such by the court." 2. Amended by Code Amdts. 1880, p. 23, changing ''On the trial of an indictment for" to "On a trial for." § 1127. Duty of court in charging- jury. In charging the jury the court must state to them all matters of law neces- sary for their information. All instructions given (except such as might incidentally be given during the admission of evidence) shall be in writing, unless both parties request the giving of an oral instruction, or consent thereto, and when .so given orallv, all instriu'tioiis iinust be taken down § 1128 PKNAL coDi':. 534: l)y tlic ])lioiH)ji'i- so agreed." 535 COMMITTING DEFENDANT. EMBEZZLEMENT. J^ 1131 § 1129. When defendant on bail appears for trial he may be committed. ^Vhen a defendant who has given bail ap- pears for trial, the court may, in its discretion, at any time after his appearance for trial, order him to be committed to the custody of the proper officer of the county, to abide the judgment or further order of the court, and he must be committed and held in custody accordingly. Legislation § 1129. Enacted February 14, 1872 (X. Y. Code Crim. Proc, § 422); iu substance the same as Crim. Prac. Act, Stats. 1851, p. 256, § 403.' § 1130. If district attorney fails to attend, court may appoint. If the district attorney fails to attend at the trial, the court must appoint some attorney at law to perform the duties of the district attorney on such trial. District attorney, duties of: Pol. Code, §§ 4153-4156a. Argument: Ante, § 1093, subd. 5. Number of counsel: Ante, § 1095. Order of argument: Ante, § 1093, subd. 5. Legislation § 1130. Enacted February 14, 1872; based on "An Act concerning District Attorneys," Stats. ISol, p. 188, § 5, which read: "§ 5. If he [the district attorney] fails to attend any term of those courts, [the district courts,] the court shall designate some other person to perform the duties of district attorney during his absence from the court, who shall receive a reasonable compensa- tion, to be certified by the court, and paid from the county treasury." § 1131. When allegations of embezzlement sustained. Upon a trial for larceny or embezzlement of money, bank notes, certificates of stock, or valuable securities, the allega- tion of the indictment or information, so far as regards the description of the property, is sustained, if the offender be proved to have embezzled or stolen any money, bank notes, certificates of stock, or valuable security, although the par- ticular species of coin or other money, or the number, de- nomination, or kind of bank notes, certificates of stock, or valuable security, be not proved ; and upon a trial for em- bezzlement, if the offender be proved to have embezzled any piece of coin or other money, any bank note, certificate of stock, or valuable security, although such piece of coin or other money, or such bank note, certificate of stock, or valuable security, may have been delivered to him in order that some part of the value thereof should be returned to the party delivering the same, and such part shall have been returned accordingly. [Amendment approved 1880; Code Amdts. 1880, p. 24.] Legislation § 1131. 1. Added by Code Amdts. 1873-74, p. 445. 2. Amended by Code Amdts. 1880, ]>. 24, inserting "or informa- tion" after "indictment." ^ 1137 PENAL CODE. 536 CHAPTER 111. Conduct of the Jury After the Cause is Submitted to Them. § 1135. Room and aceonimodations for tlie jury after retirement, how provided. § 1136. Juries to be supplied with food and lodging. § 1137. What papers the jury may take with them. § 1138. Return of jury for information. § 1139. If juror after retirement becomes sick, etc., jury to be dis- charged. § 1140. Not to be discharged for any other cause, unless there is no reasonable probability that they can agree. § 1141. When jury discharged or prevented from giving a verdict, cause to be again tried. § 11-12. Court may adjourn during absence of jury, but deemed open for all purposes connected with cause. § 1143. Jurors' fees. Payment of same. § 1135. Room and accommodations for the jury after retirement, how provided. A room must be provided l)y the supervisors of each county for the use of the jury, upon their retirement for deliberation, with suitable furniture, fuel, lights, and stationery. If the supervisors neglect, the court may order the sheriff to do so, and the expenses in- curred by him in carrying the order into effect, when cer- tified by the court, are a county charge. Jury expenses: See Pol. Code, § 4344, subd. 2. Legislation § 1135. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §423); in substance the same as Crim. Prae. Act, § 404, as amended by Stats. 1863, p. 160, § 16. § 1136. Juries to be supplied with food and lodging. While the jury are kept together, either during the progress of the trial or after their retirement for deliberation, the court must direct the sheriff to provide the jury with suit- able and sufficient food and lodging, or other reasonable necessities. And the auditor, upon the order of the court, shall draw his warrant for the expenses so incurred, and the same shall be paid by the treasurer of the county, or city and county, out of the general fund. [Amendment ap- proved 1901 ; Stats. 1901, p. 654.] Legislation § 1136. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 424); in substance the same as Crim. Prae. Act, Stats. 1851, p. 256, § 405. When enacted in 1872, § 1136 read: "1136. While the jury are kept together, either during the progress of the trial or after their retirement for deliberation, they must be provided by the sheriff, at the expense of the county, with suitable and sufficient food and lodging." 2. Amended by Stats. 1901, p. 65 1. § 1137. What papers the jury may take with them. Upon retiring for deliberation, the jury may take ^vitll them 537 CONDUCT OF JURY AFTER CAUSE SUBMITTED. § 1139 all papers (except depositions) -which have been received as evidence in the cause, or copies of such public records or private documents given in evidence as ought not, in the opinion of the court, to be taken from the person having them in possession. They may also take with them the written instructions given, and notes of the testimony or other proceedings on the trial, taken by themselves or any of them, but none taken by any other person. Legislation § 1137. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §§ 42.5, 426); based ou Crim. Prae. Act, Stats. 1851, p. 256, §§406, 407, which read: "§406. Upon retiring for deliberation, the jury may take with them all papers (except depositions) which have been received as evidence in the ease, or copies of such parts of public records or private documents given in evidence as ought not in the opinion of the court to be taken from the person having them in possession. § 407. The jury may also take with them notes of the testimony or other jjioceedings on the trial taken by themselves, or any of them, but none taken by any other person." The code commissioners say: "It heretofore rested in the discretion of the court to permit the jury to take the instructions with them to the jury-room. It was frequently cause for their return to inquire in regard to the instructions; hence the necessity and propriety of the change." § 1138. Return of jury for information. After the jury have retired for deliberation, if there be any disagreement between them as to the testimony, or if they desire to be informed on any point of law arising in the cause, they must require the officer to conduct them into court. Upon being brought into court, the information required must be given in the presence of, or after notice to, the district attorney, and the defendant or his counsel, or after they have been called. [Amendment approved 1874 ; Code Amdts. 1873-74, p. 445.] Legislation § 1138. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 427); in substance the same as Crim. Prac. Act, Stats. 1851, p. 256, § 408. 2. Amended by Code Amdts. 1873-74, p. 445, (1) in first sentence, changing "if there is" to "if there be." and (2) adding "or after they have been called" at end of section. § 1139. If juror after retirement becomes sick, etc., jury to be discharged. If, after the retirement of the jury, one of them be taken so sick as to prevent the continuance of his duty, or any other accident or cause occur to prevent their being kept for deliberation, the jury may be dis- charged. Proceedings where juror becomes sick: See ante, §§ 1089, 1123. Alternate jurors, provision for: See ante, § 1089. Legislation § 1139. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 428) ; in exact language of Crim. Prac. Act, Stats. 1851, p. 256, § 409. § 1143 PENAL CODE. 538 § 1140. Not to be discharged for any other cause, unless there is no reasonable probability that they can agree. Except as provided in the last section, the juiy cannot be discharged after the cause is su])niitted to thein until they have agreed upon their verdict and rendered it in open court, unless by consent of botli parties, entered upon the minutes, or unless, at the expiration of such time as the court may deem proper, it satisfactorily appears that there is no reasonable probability that the jury can agree. Legislation § 1140. Erniftod February 14, 1872 (N. Y. Code Crim. Proo., § 428); in substanro the same as Crim. Prac. Act, Stats. 1851, p. 2.56, § 410. § 1141. When jury discharged or prevented from g'iving a verdict, cause to be ag'ain tried. In all cases where a jury is discharged or prevented from giving a verdict by reason of an accident or other cause, except where the defendant is discharged during the progress of the trial, or after the cause is submitted to them, the cause may be again tried. [Amendment approved 1880; Code Amdts. 1880, p. 24.] New trial: See post, § 1181. Jeopardy: See ante, § 687. Discharge without verdict, retrial of cause: See post, § 1147. Legislation § 1141. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 430); in substance the same as Crim. Prac. Act, Stats. 1851, p. 256, §411. When enacted in 1872, § 1141 read: "1141. In all cases where a jury are discharged or prevented from giving a verdict by reason of an accident or other cause, except where the defendant is discharged from the indictment during the progress of the trial or after the cause is submitted to them, the cause may be again tried at the same or another term." 2. Amended by Code Amdts. 1880, p. 24. § 1142. Court may adjourn during" absence of jury, but deemed open for all purposes connected w^ith cause. While the jury are absent the court may adjourn from time to time, as to other business, but it must nevertheless be open for every purpose connected wath the cause submitted to the jury until a verdict is rendered or the jury discharged. Legislation § 1142. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 431); in substance the same as Crim. Prac. Act, Stats. 1851, p.. 257, §412. §1143. Jurors' fees. Payment of same. The fees of jurors in the superior courts of the state, in criminal cases, shall be two dollars, in lawful money of the United States, for each day's attendance, and mileage, to be computed at the rate of fifteen cents per mile for each mile necessarily traveled in attending court, in going only. Such fees and mileage shall be paid by the treasurer of the county, or city 539 VERDICT. § 1147 and county, in which the juror's services were rendered, out of the general fund of said county, or city and county, upon warrants drawn by the county auditor upon the written order of the judge of the court in which said juror Avas in attendance, and the treasurer of said county, or city and county, shall pay said warrants. The board of supervisors of each county, or city and county, is hereby directed to make suitable appropriation for the payment of the fees herein provided for. Legislation § 1143. Added by Stats. 1901, p. 290. The original code § 1143 read, "A final adjournment of the court discharges the jury," and was repealed by Code Anults. 18S0, p. (5. CHAPTER IV. The Verdict. § 1147. Return of jury. §1148. Appearance of defendant. § 1149. Manner of taking verdict. § 1150. Verdict may be general or special. § 1151. General verdict. § 1152. Special verdict. § 1153. Special verdict, how rendered. §1154. Form of special verdict. § 1155. Judgment on special verdict. § 1156. When special verdict defective, new trial to be ordered. § 1157. Jury to find degree of crime. § 1158. Jury may find upon charge of previous conviction. § 1159. Jury may convict of a lesser offense or of an attempt. § 1160. Verdict as to some defendants and another trial as to others. § 1161. In what cases court may direct a reconsideration of the ver- dict. § 1162. When judgment may be given on informal verdict. § 1163. Polling the jury. § 1164. Recording the verdict. § 1165. Defendant, when to be discharged or detained after ac- quittal. § 1166. Proceedings upon general verdict of conviction or a special verdict. § 1167. Proceedings on acquittal on ground of insanity. § 1147. Return of jury. When the jury have agreed upon their verdict, they must be conducted into court by the officer having them in charge. Their names must then be called, and if all do not appear, the rest must be dis- charged without giving a verdict. In that case the action may be again tried. [Amendment approved 1905; Stats. 1905, p. 697.] Discharge without verdict, retrial of cause: See ante, § 1141. Proceedings when verdict reached: See post, § 1164. Legislation § 1147. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 433) ; in substance the same as Crim. Prac. Act, Stats. 1851, p. 257, § 414. § 1151 PENAL CODE. 540 2. AmtMHliiiciit liy Ktats. 1901, i>. ]SS; uin'oiistiliitidiuil. S(>c iiote, S ."), ante, 3. Ainomled by Stats. 1905, p. 697, oinittiug "ut the same, or an- other term," at end of section; the code commissioner saying, "be- cause then- are now no terms of conrt." §1148. Appearance of defendant. If cliargcd with a felony, the defendant nuist, before the verdict is received, appear in person. If for a misdemeanor, tlie verdict may be rendered in his absence. [Amendment approved 1880 ; Code Amdts. 1880, p. 24.] Judgment in defendant's presence: See post, § 1193. Legislation § 1148. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 4.")4) ; in substance the same as Crim. Prac. Act, Stats. 1851, p. 257, §415. 2. Amended by Code Amdts. 1880, p. 24, changing "If indicted for" to "If charged with." § 1149. Manner of taking* verdict. When the jury ap- pear they must be asked by the court, or clerk, whether they have agreed upon their verdict, and if the foreman answers in the affirmative, they must, on being required, declare the same. Legislation § 1149. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §435); in substance the same as Crim. Prac. Act, Stats. 1851, p. 257, § 416. § 1150. Verdict may be general or special. The jury may render a general verdict, or, Avhen they are in doubt as to the legal effect of the facts proved, they may, except upon a trial for libel, find a special verdict. [Amendment approved 1880; Code Amdts. 1880, p. 24.] Verdict in libel: See ante, §§ 1125, 1126. Legislation § 1150. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 436) ; based on Crim. Prac. Act, Stats. 1851, p. 257, § 417, which read: "§ 417. The jury may either render a verdict, or when they are in doubt as to the legal effect of the facts proved, they may, except upon an indictment for libel, file a special verdict." 2. Amended by Code Amdts. 1880, p. 24, changing "an indict- ment" for "a trial." § 1151. General verdict. A general verdict upon a plea of not guilty is either "guilty" or "not guilty," w^hich im- ports a conviction or acquittal of the offense charged in the indictment. Upon a plea of a former conviction or acquit- tal of the same offense, it is either ' ' for the people " or " for the defendant." "When the defendant is acquitted on the ground that he was insane at the time of the commission of the act charged, the verdict must be "not guilty by rea- son of insanity." When the defendant is acquitted on the 541 VERDICT. § 1155 gTouncl of variance between the indictment and the proof, the verdict must be "not guilty by reason of variance be- tween indictment and proof." [Amendment approved 1874; Code Amdts. 1873-74, p. 446.] Form of verdict: See post, § 1158. Legislation § 1151. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §S 437, 454); based on Crim. Prac. Act, Stats. 1851, p. 257, § 418, which read: "§418. A general verdict upon a plea of not guilty, is either 'guilty' or 'not guilty,' which imports a convic- tion or acquittal on every material allegation in the indictment. Upon a plea of a former conviction or acquittal of the same offense, it is either 'for the people,' or 'for the defendant." " When enacted in 1872, the section was composed of the first two sentences of the present section. 2. Amended by Code Amdts. 1873-74, p. 44(3, adding the last two sentences. § 1152. Special verdict. A special verdict is that by which the jury find the facts only, leaving the judgment to the court. It must present the conclusions of fact as estab- lished by the evidence, and not the evidence to prove them, and these conclusions of fact must be so presented as that nothing remains to the court but to draw conclusions of law upon them. Legislation § 1152. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §438); in exact language of Crim. Prac. Act, Stats. 1851, p. 257, § 419. § 1153. Special verdict, how^ rendered. The special ver- dict must be reduced to writing by the jury, or in their presence entered upon the minutes of the court, read to the jury and agreed to by them, before they are discharged. Legislation § 1153. Enacted February 14, 1872 (N. Y. Code Crim. Proc. § 439) ; in exact language of Crim. Prac. Act, Stats. 1851, p. 257, § 420. § 1154. Form of special verdict. The special verdict need not be in any particular form, but is sufficient if it present intelligibly the facts found by the jury. Legislation § 1154. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §440); in substance the same as Crim. Prac Act, Stats. 1851, p. 257, §421. § 1155. Judgment on special verdict. The court must give judgment upon the special verdict as follows : 1. If the plea is not guilty, and the facts prove the defend- ant guilty of the offense charged in the indictment, or of any other offence of which he could be convicted under that indictment, judgment must be given accordingly. But if otherwise, judgment of acquittal must be given. § 1158 PENAL CODE. 542 2. If tlic i)l('a is a former conviction or acquittal of the same offense, tlie court must give judgment of acquittal or conviction, as the facts prove or fail to prove the former conviction or acquittal. Plea of former judgment of conviction or acciuittal: Sec ante § 1016, subd. 3. Legislation § 1155. Enacted Fobniaiv 14, 1872 (N. Y. Code Crim. Proc. §4-12); liased on Crim. Prac Act, Stats. 1851, p. 257, § 422, wliich road: "§422. The court shall give judgment upon the special verdict, as follows: 1st. If the plea be not guilty, and the facts prove the defendant guilty of the offense charged in the indictment, or of any other offense of which he could be convicted as provided in section four hundred and twenty-four, under that indictment judgment shall be given accordingly. But if the facts found do not prove Die defendant guilty of the offense charged, or of any offense of which he could be so convicted under the indictment, judgment of acquittal shall be given. 2d. If the plea be a former conviction or acquittal of the same offense, the court shall give judgment of acquittal or conviction according as the facts prove or fail to prove the former conviction or acquittal." § 1156. When special verdict defective, new trial to be ordered. If the jury do not, in a special verdict, pronounce affirmatively or negatively on the facts necessary to enable the court to give judgment, or if they find the evidence of facts merely, and not the conclusions of fact, from the evi- dence, as established to their satisfaction, the court must order a new trial. New trial: See post, § 1181. Legislation § 1156. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 443); iu substance the same as Crim. Prac. Act, Stats. 1851, p. 258, § 423. § 1157. Jury to find degree of crime. Whenever a crime is distinguished into degrees, the jury, if they convict the defendant, must find the degree of the crime of Avhich he is guilty. Legislation § 1157. Enacted February 14, 1872; based on Crimes and Punishment Act, § 21, as amended by Stats. 1856, p. 219, §2; the clause of § 21 on which the code section is based reading, "and the jury before whom any person indicted for murder shall be tried, shall, if they find such "person guilty thereof, designate by their verdict, whether it be murder of the first or second degree." § 1158. Jury may find upon charge of previous convic- tion. Whenever the fact of a previous conviction of another offense is charged in an indictment or information, the jury, if they find a verdict of guilty of the offense with which he is cTiarged, must also, unless the answer of the defendant admits the charge, find w^hether or not he has suffered such previous conviction. The verdict of the jury upon a charge 543 VERDICT. § 1160 of previous conviction may be: "We find the charge of previous conviction true," or, "We find the charge of previ- ous conviction not true, ' ' as they find that the defendant has or has not suffered such conviction. [Amendment approved 1880; Code Amdts. 1880, p. 24.] Form of verdict: See ante, § 1151. Judgment on special verdict: See ante, § 1155. Legislation § 1158. 1. Enacted February 14, 1872, and then read: "1]58. Whenever the fact of a previous conviction is charged in an indictment, the jury, if they find a verdict of guilty, must also find whether or not the defendant had suffered such previous conviction." 2. Amended by Code Amdts. 1873-7-1, p. 446, (1) the first sen- tence then reading, "\Yhenevcr the fact of a previous conviction of another offense is charged in an indictment, the jury, if they find a verdict of guilty of the offense for which he is indicted, must also, unless the answer of the defendant admits the charge, find whether or not he has suffered such previous conviction"; (2) the remainder of the section (added in 1S73-74) reading as at present. 3. Amended by Code Amdts. 1880, p. 24. § 1159. Jury may convict of a lesser offense or of an attempt. The jury may find the defendant guilty of any offense, the commission of which is necessarily included in that with which he is charged, or of an attempt to commit the offense. [Amendment approved 1880 ; Code Amdts. 1880, p. 24.] Attempt to commit crime: See ante, § 663. Legislation § 1159. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §445); based on Crim. Prac. Act, Stats. 1851, p. 258, §424, which read: "§424. In all cases the defendant may be found guilty of any offense, the commission of which is necessarily in- cluded in that with which he is charged in the indictment, or may be found guilty of an attempt to commit the offense charged." 2. Amended by Code Amdts, 1880, p. 24, omitting "in the indict- ment" after "charged." § 1160. Verdict as to some defendants and another trial as to others. On an indictment or information against several, .if the jury cannot agree upon a verdict as to all, they may render a verdict as to those in regard to whom they do agree, on which a judgment must be entered ac- cordingly, and the case as to the others may be tried by another jury. [Amendment approved 1880 ; Code Amdts. 1880, p. 25.] Joint defendants, verdict as to some, new trial as to others: See post, § 1442. Legislation § 1160. 1. Enacted February 14, 1872 (N. Y. Code Grim. Proc. § 446); in substance the same as Crim. Prae. Act, Stats. 1851, p. 258, § 425. 2. Amended by Code Amdts. 1880, p. 25, inserting "or informa- tion" after "On an indictment." § 1164 PENAL CODE. 544 § 1161. In what cases court may direct a reconsideration of the verdict. AVIr'h there is ii verdict of eouvictioii, in w'liich it ai)pears to the court that the jury have mistaken the law, tlie court may cxphiin the reason for that opinion and direct the jury to reconsider their verdict, and if, after the reconsideration, they return the same verdict, it must be entered ; hut when there is a verdict of acciuittal, the court cannot require the jury to reconsider it. If the jury render a verdict which is neither general nor special, the court may direct them to reconsider it, and it cannot be re- corded until it is rendered in some form from wliich it can be clearly understciod that the intent of the jury is either to render a general verdict or to find the facts specially and to leave the judgment to the court. Legislation §1161. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §§ 447, 448); in substance the same as Crim. Prac. Act, Stats. 1851, p 2.58, §§ 426, 427. § 1162. When judgment may be given on informal ver- dict. If the jury persist in finding an informal verdict, from which, however, it can be clearly understood that their in- tention is to find in favor of the defendant upon the issue, it must be entered in the terms in which it is found, and the court must give judgment of acquittal. But no judgment of conviction can be given unless the jury expresssly find against the defendant upon the issue, or judgment is given against him on a special verdict. Legislation! 1162. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §449); in substance the same as Crim. Prac. Act, Stats. 1851, p. 258, § 428. § 1163. Polling' the jury. When a verdict is rendered, and before it is recorded, the jury may be polled, at the request of either party, in which case they must be severally asked whether it is their verdict, and if any one answer in the negative, the jury must be sent out for further delibera- tion. Legislation § 1163. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §450); based on Crim. Prac. Act, Stats. ISol. p. 258, § 429. which read: "§ 429. When a verdict is rendered and before it is re- corded the jury may be polled on the requirement of either party, in which case they shall be severally asked whether it be their verdict, and if any one answer in the negative the jury shall be sent out for further deliberation." § 1164. Recording- the verdict. AVhen the verdict given is such as the court may receive, the clerk must immediately record it in full upon the minutes, read it to the jury, and inquire of them whether it is their verdict. If any juror 545 VERDICT. § 1167 disagree, the fact must be entered upon the minutes and the jury again sent out; but if no disagreement is expressed, the verdict is complete, and the jury must be discharged from the case. Proceedings where verdict reached: See ante, § 1147. Legislation § 1164. Enacted February U. 1872 (N. Y. Code Crim. Proc, §451); in substance the same as Crim. Prac. Act, Stats. 1851. p. 258, § 430. § 1165. Defendant, when to be discharged or detained after acquittal. If judgment of acquittal is given on a gen- eral verdict, and the defendant is not detained for any other legal cause, he must be discharged as soon as the judgment is given, except where the acquittal is because of a variance between the pleading and proof, which may be obviated by a new indictment or information, the court may order his detention, to the end that a new indictment or information may be preferred, in the same manner and with like effect as provided in section one thousand one hundred and sev- enteen. [Amendment approved 1880; Code Amdts. 1880. p. 25.] Jeopardy: See ante, § 6S7. Acquittal on ground of variance, effect of: See ante, § 1021. Discharge on acquittal: See post, §§ 1447, 1454. Legislation § 1165. 1. Enacted February 14. 1872 (X. Y. Code Crim. Proc, § 452); in substance the same as Crim. Prac. Act, Stats. 1851, p. 259, § 431. 2. Amended by Code Amdts. 1880, p. 25, (1) substitutinsr "plead- ing and proof" for "proof and the indictment," and (2) adding "or information" after "indictment" in both instances. § 1166. Proceedings upon general verdict of conviction or a special verdict. If a general verdict is rendered against the defendant, or a special verdict is given, he must be re- manded, if in custody, or if on bail he may be committed to the proper officer of the county to await the judgment of the court upon the verdict. When committed his bail is exonerated, or if money is deposited instead of bail it must be refunded to the defendant. Bail: See post, §§ 1268 et seq. Exoneration of bail on commitment of defendant: See post, §1371. Proceedings on verdict of guilty: See post, § 1445. Legislation § 1166. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §453); in substance the same as Crim. Prac. Act, Stats. 1851, p. 259, § 432. § 1167. Proceedings on acquittal on ground of insanity. If the jury render a verdict of acquittal on the ground of insanity, the court may order a jury to be summoned from Pen. Code — 35 § 1171 PENAL CODE. 546 the jui-y-list of the county, to inquire whetlier the defendant continues to be insane. Tlie court may cause the same wit- nesses to be sunnnoned who testified on the trial, and other witnesses, and direct the district attorney to conduct the proceedings, and counsel may appear for the defendant. The court may direct the sheriff to take the defendant and retain him in custody until the question of continuing in- sanity is determined. If the jury find the defendant insane, he shall be committed by the sheriff to the state insane asylum. If the jury find the defendant sane he shall be discharged. Inquiry into insanity of defendant tefore trial or after convic- tion: See post, §§ 13G7 et seq. Legislation § 1167. 1. Added by Code Amdts. 1873-74, p. 44G (N. y. Code Criin. I'roc, § 454). 2. Amendment by Stats. 1901, p. 488; unconstitutional. See note, § 5, ante. CHAPTER V. Bills of Exception. § 1170. Upon what exceptions may be tal^en to decision of jury. [Eepealed.] § 1171. When to be settled and signed. [Repealed.] § 1172. Exceptions may be taken to decision of court or judge. [Re- pealed.] § 1173. Exceptions not taken on the trial, but which may be taken by the defendant. [Repealed.] § 1174. How to be settled. [Repealed.] § 1175. What bill of exceptions is to contain. [Repealed.] § 117f). Written charges need not be excepted to. § 1177. Bills of exceptions in criminal actions, amendment of. Settled, and time fixed for engrossment. [Repealed.] § 1170. Upon what exceptions may be taken to decision of jury. [Repealed 1909; Stats. 1909, p. 1083.] Challenges to jury: See ante, §§ 105.5 et seq. Trial of challenges: See ante, §§ 1078 et seq. Rules of evidence: See ante, § 1102. Legislation § 1170. 1. Enacted February 14, 1872 (N. Y. Code Grim. Proc, § 455), in exact language of Crim. Prac. Act, Stats. 1851, p. 259, § 433. 2. Amended by Code Amdts. 1873-74, p. 447. 3. Amended by Code Amdts. 1880, p. 25. 4. Amended by Stats. 1901, p. 81. 5. Amendment by Stats. 1901, p. 488; unconstitutional. See note, § 5, ante. 6. Repealed by Stats. 1909, p. 1083. § 1171. When to be settled and signed. [Repealed 1909 ; Stats. 1909, p. 10S3.] Legislation § 1171. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 457); in substance the same as Crim. Prac. Act, Stats 1851, p. 259, § 434. 547 BILL OF EXCEPTIONS. § 1176. 2. Amended by Code Amdts. 1873-74, p. 147. 3. Amended by Stats. 1881, p. 6. 4. Amendment by Stats. 1901, p. 4S8; unconstitutional. See note, § 5, ante. 5. Amended by Stats. 1905, p. 701. 6. Eepealed by Stats. 1909, p. 1083. § 1172. Exceptions may be taken to decision of court or judg-e. [Repealed 1909; Stats. 1!)09, p. 1083.] Arrest of judgment: See post, §§ llSo-HSS. New Trial: See post, §§ 1179-1182. Legislation § 1172. 1. Enacted February 14, 1872. 2. Amended by Stats. 1885, p. .58. 3, Eepealed by Stats. 1909, p. 1083. § 1173. Exceptions not taken on the trial, but which may be taken by the defendant. [Repealed 1909 ; Stats. 1909, p. 1083.] Legislation § 1173. 1. Enacted Februarv 14, 1872. 2. Eepealed by Stats. 1909, p. 1083. § 1174. How to be settled. I Repealed 1909 ; Stats. 1909, p. 1083.] Legislation § 1174. 1, Enacted February 14, 1872. 2. Amended by Code Amdts. 1873-74, p. 448. 3. Amendment by Stats. 1901, p. 489; unconstitutional. See note, § 5, ante. 4. Amended by Stats. 1905, p. 761. 5. Eepealed by Stats. 1909, p. 1083. § 1175. What bill of exceptions is to contain. [Repealed 1909; Stat. 1909, p. 1083.] Leeislation § 1175. 1. Enacted Februarv 14, 1872; based on Crim. Prae. Act, Stats. 1831, p. 259. §§ 436, 43?'. 2. Eepealed by Stats. 1909, p. 1083. § 1176. Written charg-es need not be excepted to. When written insfnietions have been presented, and given, modi- fied, or refused, or when the charge of the court has been taken down by the reporter, the qnestions presented in such instructions or charged need not be excepted to or embodied in a bill of exceptions ; bnt the judge must make and sign an indorsement upon such instructions, showing the action of the court thereon, and certify to the correctness of the re- porter's transcript of the charge; and thereupon the same, with the indorsements, become a part of the record, and any error in the action of the court thereon may be reviewed on appeal in like manner as if presented in a bill of exceptions. [Amendment approved 1905: Stats. 1905, p. 762.] Instructions part of judgment- roll: See post, § 1207, subd. 3. Indorsement of decision on instructions: See ante. § 1127. Grounds for new trial in justice's or police court: See post. § 1451. § 1181 PENAL CODE. 548 Legislation § 1176. 1. Enacted Ft-bniary 14, 1872 (in Hiibstanee the same as Crim. Prac. Act, iStats. 1851, p. 2G0, § 438), and then road: "1176. When written charges have been presented, given, or refused, or when tlie charges have been taken down by the re- porter, the questions presented in such charjt;es need not be excepted to or embodied in a bill of exceptions, but the written charges or the report, with the indorsements showing the action of tlie court, form part of the record, and any error in the decision of the court thereon may be taken advantage of on appeal, in like manner as if presented in a bill of exceptions." 2. Amendment by Stats. 1901, p. 489; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 762; the code commissioner saying, "The purpose of this amendment is tcf correct imperfections and confusion in the language of the former section, and to moreclearly point out the duty of the judge in noting his action upon instruc- tions requested by the parties." § 1177. Bills of exceptions in criminal actions, amend- ment of. Settled, and time fixed for engrossment. [Re- pealed 1909; stats. 1909, p. 1083.] Legislation § 1177. Added by Stats. 1905, p. 475. 2. Kepealed by Stats. 1909, p. 10S3. CHAPTER VI. New Trials. § 1179. New trial defined. § 1180. Effect of granting. § 1181. In what cases it may be granted. § 1182. Application for, when made. § 1179. New Trial defined. A new trial is a re-examina- tion of the issue in the same court, before another jury, after a verdict has been given. Legislation § 1179. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 462) ; in exact language of first sentence of Crim. Prac. Act, Stats! 1851, p. 260, §439. § 1180. Effect of granting. The grantinp; of a ncAV trial places the parties in the same position as if no trial had been had. All the testimony must be produced anew, and the former verdict cannot be used or referred to, either in evi- dence or in argument, or be pleaded in bar of any conviction which might have been had under the indictment. [Amend- ment approved 1874; Code Amdts. 1873-74, p. 449.] Legislation § 1180. 1. Enacted February 14. 1872 (N. Y. Code Crim. Proc, § 464) ; in substance the same as the second and third sentences of Crim. Prac. Act, Stats. 1851, p. 260, §439. 2. Amended by Code Amdts. 1873-74, p. 449, adding, at end of section, "or be pleaded in bar of any conviction which might have been had under the indictment." § 1181. In what cases it may be granted. When a verdict has been rendered against the defendant, the court may, 549 NEW TRIALS. §1182 upon his f)pi)li<'ali()n. urant a new trial, in Ihc foUowin.u' cases only : 1. When the trial has l)een had iji his absence, if tlie in- dietment is for a felony ; 2. When the jury lias received any evidence out of court other than that resnltin<>' from a view of the premises; 3. When the jury has separated without leave of the conrt, after retiring to deliberate upon their yerdict, or been guilty of any misconduct by which a fair and due consideration of the case has been prevented; 4. When the verdict has been decided by lot, or by any means other than a fair expression of opinion on the part of all the jurors; 5. When the court has misdirected the jury in a matter of law, or has erred in the decision of any question of law aris- ing during the course of the trial ; 6. When the verdict is contrary to law or evidence ; 7. When new evidence is discovered material to the de- fendant, and which he could not, with reasonable diligence, have discovered and produced at the trial. When a motion for a new trial is made upon the ground of newly discovered evidence, the defendant must produce at the hearing, in sup- port thereof, the affidavits of the Avitnesses by whom such evidence is expected to be given, and if time is required by the defendant to procure such affidavits, the court may post- pone the hearing of the motion for 'such length of time as, under all the circumstances of the case, may seem reasonable. Legislation § 1181. Ena^ed February 14, 1872 (K Y. Code Grim. Eroc, §465); in substance the same as Grim. Prac. Act, § 440, as amended by Stats. 1S63, p. 161, § 17. § 1182. Application for, when made. The application for a new trial must be made before judgment, and the order granting or denying the same must be immediately entered by the clerk in the minutes. [Amendment approved 1905; Stats. 1905, p. 697.] Legislation, § 1182, 1. Enacted February 14, 1872 (N. Y. Code Grim. Proc, §466); in substance the same as Grim. Prac. Act, Stats. 1851, p. 260, § 441. When enacted in 1872, § 1182 read: "1182. The application for a new trial must be made before judgment." 2. Amendment by Stats. 1901, p. 490; unconstitutional. See note, ^5, ante. 3. Amended by Stats. 1905, p. 697; the code commissioner saying of the addition, that it "is designed to conform the section to the present practice." § 1185 I'ENAL COOK. 550 CHAPTER VII. Arrest of Judgment. § ns.5. Motion in arrest of .judgment. § 1186. Court may arrest judgment on own motion. § 1187. Effect of arresting judgment. § 118S. Defendant, wlion to be held or discharged. §1185. Motion in arrest of judgment. A motion in ar- rest oi' judiiinent is an application on the part of the defend- ant that no judgment be rendered on a plea or verdict of guilty, or on a verdict against the defendant, on a plea of a former conviction. It may be founded on any of the de- fects in the indictment or information mentioned in section ten hundred and four, unless the objection has been waived by a faibu'e to demur, and must be made and determined be- fore the judgment is pronounced. AVhen determined, the order nuist be immediately entered by the clerk in the min- utes. [Amendment approved 1909 ; Stats. 1909, p. 1087.] Indictment, sufficiency of: See ante, § 960. Grounds of demurrer to indictment or information; See ante, § 1004. Waiver "by failure to move to set aside indictment or informa- tion: See ante, § 996. Waiver of defects by failure to demur: See ante, § 1012. Time to make motion in arrest of judgment: See post, § 1450. Legislation §1185. 1. Enacted February 14, 1872 (N. Y. Code Ci-im. Prop. ,§467); basefl on Grim. Prac. Act, Stats. 1851, p. 260, §§ 442, 444. which read: "§ 442. A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea or verdict of guilty, or on a verdict against the defendant, on a plea of a former conviction or acquittal. It may be founded on any of the defects in the indictment mentioned in section two hundred and eighty-nine." "§ 444. The motion must be made before or at the time when the defendant is called for judgment." When enacted in 1S72. § 1185 read: "1185. A motion in arrest of judgment is an application on the part of the defendant that no judgment be rendered on a plea or verdict of guilty, or on a verdict against the defendant, on a plea of a former conviction or acquittal. It may be founded on any of the defects in the indict- ment mentioned in section 1004, unless the objection to the in- dictment has been waived by a failure to demur, and must be made before or at the time the defendant is called for judgment." 2. Amended by Code Anidts, 1880, p. 25, in second sentence. (1) adding "or information" after "indictment," and (2) omitting "to the indictment" after "objection." 3. Amendment by Stats. 1901, p. 490; unconstitutional. See note, § 5, ante. 4. Amended by Stats. 1905, p. 697, adding the final sentence, which read as at present; the code commissioner saying that the addition "is designed to conform this section to the present prac- tice." 5. Amended by Stats. 1909, p. 1087, (1) omitting "or acquittal" from end of first sentence; (2) substituting the final words of the 551 ARREST OV JUD6ME)Nf. § 11S8 present second seutenee for "and must lie made before or at the time the defendant is called for judgment." § 1186. Court may arrest judgment on own motion. The court may, on its own motion, at any time before judgment is pronounced, arrest the judgment for any of the defects mentioned in the last section, by order for that purpose entered upon its minutes. [Amendment approved 1909 ; Stats. 1909, p. 1088.] Legislation § 1186. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §468); based on Crim. Prae. Act, Stats. 1851, p. 261, § 443, which did not have the words "any of" before "these defects." When enacted in 1872, § 1186 read: "1186. The court may also, on its own view of any of these defects, arrest the judgment without motion." 2. Amendment by Stats. 1901, p. 490; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 698, to read: "1186. The court may also, of its own motion, arrest the judgment for any of the defects mentioned in the last section, by an order for that purpose entered upon its minutes." See code commissioner's note to amendment of § 1185 in 1905. 4. Amended by Stats. 1909, p. 10S8. § 1187. Effect of arresting- judgment. The effect of an order arresting the judgment is to place the defendant in the same situation in -which he was before the indictment was found or information filed. [Amendment approved 1905; Stats. 1905, p. 698.] Effect of arrest of judgment: See post, §§ 1188, 1452. Legislation § 1187. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 470); in substance the same as Crim. Prac. Act, Stats. 1851, p. 261. § 445. When enacted in 1872, § 1187 read: "1187. The effect of allowing a motion in arrest of judgment is to place the defendant in the same situation in which he was before the indict- ment was found." 2. Amended by Code Amdts. 1880, p. 25, adding at end of section, "or information filed." 3. Amendment by Stats. 1201, p. 490; unconstitutional. See note, § 5, ante. 4. Amended by Stats. 1905, p. 698, substituting "an order arrest- ing the judgment" for "allowin_g a motion in arrest of judgment"; the code commissioner saying, "The purpose of this amendment is to give the same effect to an order of the court made on its own motion under § 1186 as § 11S7 now gives to an order made on motion of the defendant." § 1188. Defendant, when to be held or discharged. If, from the evidence on the trial, there is reason to believe the defendant guilty, and a new indictment or information can be framed upon w^hich he may be convicted, the court may order him to be recommitted to the officer of the proper county, or admitted to bail anew, to answer the new indict- v^ 1188 I'KNAL COUE. 552 meut or iufoniuitioii. 11" the cvidciicr shows liiiii uuilt.y of another oH'ciise, he iiiust h(! coiniiiittcd or liehl thereon, and ill iicilher ease shall the \x'riliet I)e a bar to another prosecu- tion. Jiut if no evidence appears suflicient to charge hini with any offense, he must, if in custody, be discharged ; or if admitted to bail, his bail is exojierated ; or if money has been ileposited instead of bail, it must be refunded to the defend- ant; and the arrest of judgment shall operate as an acquittal of the charge upon which the indictment or information was founded. [Amendment approved 18S0; Code Amdts. 1880, p. 25.] Discharge of defendant: See post, § 1485. Effect of arrest of judgment: See ante, § 1187; post, § 1452. Legislation § 1188. 1. Enacted February 14, 1872 (N. Y. Code Crim. f rot-., § 470) ; in substance the same as Grim. Prac. Act, Stats. J8.j1, p. 21)1, §44G. 2. Amended by Code Amdts. 1880, p. 25, (1) in first sentence, adding "or information" after "indictment" in both instances; (2) in second sentence, omitting "or indictment" after "prosecu- tion"; {^) in final sentence, adding "or information" after "indict- ment." 553 THE JUDGMENT. § 1191 TITLE VIII. Judgment and Execution. Chapter I. The Judgment. §§ 1191-1207. II. The Execution. §§ 1213-1230. CHAPTER I. The Judgment. § 1191. Time for pronouncing judgment. § 1192. Upon plea of guilty, court must determine degree. § 1192a. Inquiry as to causes of criminal conduct. Notice to clerk of prison. § 1193. Presence of defendant. § 1194, When defendant in custody, how brought before the court for judgment. § 1195. How brought before the court when on bail. § 1196. Bench-warrant to issue. § 1197. Form of bench-warrant. § 1198. Warrant, how served. § 1199. Arrest of defendant. § 1200. Arraignment of defendant for judgment. § 1201. What causes may be shown against judgment. § 1202, New trial, defendant entitled to, if judgment not pronounced. § 1203. Hearing on probation. § 1204. Proof of former conviction or of facts, etc., in mitigation, etc., how made. § 1205. Imprisonment for fine. § 1206. Judgment to pay fine constitutes a lien. § 1207. Entry of judgment. § 1191. Time for pronouncing judgment. After a plea or verdict of guilty, or after a verdict against the defendant on a plea of former conviction or acquittal, or once in jeop- ardy, the court must appoint a time for pronouncing judg- ment which must not be less than two, nor more than five days after the verdict or plea of guilty ; provided, however, that the court may extend the time not more than ten days for the purpose of hearing or determining any motion for a new trial, or in arrest of judgment; and provided, further, that the court may extend the time not more than twenty days in any case where the question of probation is con- sidered in accordance with section 1203 of this code, pro- vided, however, that upon the request of the defendant such time may be further extended not more than ninety days additional. If in the opinion of the court there is a reason- able ground for believing a defendant insane, the court may extend the time of pronouncing sentence until the question of insanity has been heard and determined, as provided in § 11!)2 PENAL CODE. 554 (•liai)t('r (), title 10, i)art 2, oi this code. [ Aineiulineiit ap- proved 11)11 : Stats. li)ll, p. 688.] Legislation §1191. 1. Enacted IVljruary 14, 1872 (N. Y. Code Criin. Proc, §S 471, 472); in substance the same as Crim. Prac. Act. Stats. 18.31, i>. 2G1,§§447, 448. When enacted in 1872, § 1191 read: "After a plea or verdict of {guilty, or after a verdict ajjainst the defendant, on a plea of a former con\iction or acquittal, if the judgment is not arrested or a new trial granteil, the court must appoint a time for jironouncing judgment, which must be at least two days after the verdict, if the court intend to remain in session so long; or if not, as remote a time as can reasonably be allowed. But in no case can the judgment be rendered in less than si.x hours after the verdict." 2. Amended by Code Annlts, l£73-7-i, ]>. 449, to read: "After a plea or verdict of guilty, or after a verdict against the defendant on a ]ilea of a former conviction or acquittal, if the judgment be not arrested or a new trial granted, the court must appoint a time for pronouncing judgment, which, in cases of felony, must be at least two days after the verdict, if the court intend to remain in session so long; but if not, then at as remote a time as can reasonably be allowed." 3. Amendment by Stats. 1901, p. 490; unconstitutional. See note, § 5, ante. 4. Amended by Stats. 1905, p. 7(i?), to read: "After a plea or verdict of guilty, or after a verdict against the defendant on the plea of a former conviction or acquittal, if the judgment is not arrested or a new trial granted, the court must appoint a time for pronouncing judgment, which, in cases of felony, must be at least two days after the verdict." 5. Amended by Stats. 1909, p. 898, to read: "After a plea or verdict of guilty, or after a verdict against the defendant on a plea of a former conviction or acquittal, or once in jeopardy, the court must appoint a time for pronouncing judgment, which must not be less than two nor more than five days after the verdict or plea of guilty; provided, however, that the court may extend the time not more than ten days for the purpose of hearing or determining any motion for a new trial, or in arrest of judgment; and provided further, that the court may extend the time not more than twenty days in any case where the question of probation is considered, in accordance with section twelve hundred and three of this code. If in the opinion of the court there is a reasonable ground for believing a defendant insane, the court may extend the time of pronouncing sentence until the question of insanity has been heard and determined, as pro- vided in chapter six, title ten, part two of this code." 6. Amended by Stats. 1911, p. 688. § 1192. Upon- plea of guilty, court must determine degree. Upon a plea of guilty of a crime distinguished or divided into degrees, the court must, before passing sentence, deter- mine the degree. Legislation § 1192. Enacted February 14, 1872; based on Crimes and Punishment Act, § 21, as amended by Stats. 1856, p. 219, §2; so much of § 21 as relates to the code section reading, "but if such person shall be convicted on confession in open court, the court shall proceed, by examination of witnesses, to determine the degree of the crime and give sentence accordingly," 555 THE JUDGMENT. § 119-4 § 1192a. Inquiry as to causes of criminal conduct. Notice to clerk of prison. Before judgment is pronounced upon any person convicted of an offense punishable by imprison- ment in the state prison, it shall be the duty of the court, assisted by the district attorney, to ascertain, in a summary manner, and hy such evidence as is obtainable, whether such person has learned and practiced any mechanical or other trade, and also such other facts tending to indicate the causes of the criminal character or conduct of such convicted per- son, or calculated to be of assistance to the court in determin- ing the proper punishment of such person, or to the state board of prison directors in the performance of the duties im- posed upon it by law, as the court shall deem proper. AVithin thirty days after jud anient has been pronounced, the judge and the district attorney respectively shall cause to be filed with the clerk of the court a brief statement of their views respecting the person convicted or sentenced and the crime committed. Within twenty days after the filing of such statement, the clerk of the court shall mail a copy thereof, certified by such clerk, with the postage thereon prepaid, addressed to the clerk of the prison to which such convicted person shall have been sentenced. The testimony pursuant to the provisions of this section shall be reported and tran- scribed by the clerk or official reporter. Within thirty days after judgment has been pronounced by the court, one copy of such transcript shall be filed Avith the clerk of the court, and another copy thereof shall be sent by mail, with postage prepaid, addressed to the warden of the prison to which such convicted person shall have been sentenced. Legislation § 1192a. Added by Stats. 1909, p. 365. § 1193. Presence of defendant. For the purpose of judg- ment, if the conviction is for felony, the defendant must be personally present; if for a misdemeanor, judgment may be pronounced in his absence. Verdict in defendant's presence: See ante, § 1148. Legislation § 1193. Enacted February 14, 1872 (N. Y. Code Grim. Proc, §473); in substance the same as Crim. Prae. Act, Stats. 1851, p. 261, § 449. § 1194. When defendant in custody, how brought before the court for judgment. When the defendant is in custody, the court may direct the officer in whose custody he is to bring him before it for judgment, and the officer must do so. Legislation § 1194. Enacted February 14, 1872 (X. Y. Code Crim. Proc, § 474) ; based on Crim. Prae. Act, Stats. 1851, p. 2(51, § 450, which read; "§ 450, When the delendant is convicted of a felony, § 1197 PENAL CODE. 550 if he be in custody, the court, may direct the officer in whose custody he is, to briny him bel'or(> it tor jiulyinent, ;uid tlie olTiccr sliall do so accordingly." § 1195. How brought before the court when on bail. If the dei'eiuhiut has been discharged on bail, or has deposited money instead thereof, and does not appear for judgment when his personal appearance is necessary, the court, in addi- tion to tlie forfeiture of the undertaking of bail, or of the money deposited, may direct tlie clerk to issue a bench-war- rant for his arrest. Forfeiture of bail, when ordered: See post, § 130.3. Legislation § 1195. Enacted February U, 1872 (N. Y. Code Crim. Proc, § 47.1); in substance the same as Crim. Prac. Act, Stats. 1851, p. 261, "§151. § 1196. Bench-warrant to issue. The clerk, on the appli- cation of the district attorifey, may, at any ^ime after the order, whether the court be sitting or not, issue a bench- warrant into one or more counties. Issuance of bench-warrant: See ante, § 980. Legislation § 1196. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §476); in substance the same as Crim. Prac. Act, Stats. 1851, p. 261, § 452. § 1197. Form of bench-warrant. The bench-Avarrant must be substantially in the following form : County of . The People of the State of California, to any Sheriff, Con- stable, Marshal, or Policeman in this State: A. B., having been on the day of , A. D. eighteen [nineteen] hun- dred and , duly convicted in the superior court of the county of • — ■ — , of the crime of — — (designating it gener- ally), you are therefore commanded forthwith to arrest the above-named A. B., and bring him before that court for judg- ment. Given under my hand, with the seal of said court affixed, this day of , A. D. eighteen [nineteen] hun- dred and . By order of the court. [Seal.] E. F., Clerk. [Amendment approved 1880; Code Amdts. 1880. p. 34.] Form of bench-warrant: See ante, §§ 981, 982. Legislation § 1197. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §477); in substance the same as Crim. Prac. Act, § 453, as amended by Stats. 1863, p. 161, § IS, except that it did not have the words "or'municipal court" (added in the original code section). When enacted in 1872, § 1197 read: "1197. The bench-warrant must be substantially in the following form: County of -. The People of the State of California, to any Sheriff, Constable, Marshal, or Policeman in this State:. A. B., having been on the day of , A. D. eighteen hundred and , duly convicted in the county court (or district court, or municipal court, as the case may be) of the county of , of the crime of (designating it generally), you 557 THE JUDGMENT. § 1201 are therefore connuaiideU forthwith to arrest the above-iiaiued A. B., aufl briug him before that court for judgmeut; or if the court has adjourned for the term, that you deliver him into the custody of the sheriff of the county of . Given," etc., as in the amemlment of 1880 (the present section). 2. Amended by Code Aiiidt.s. 1880, p. 31. § 1198. Warrant, how served. The bench-warrant may be served in any county in the same manner as a warrant of arrest, except that when served in another county it need Dot be indorsed by a magistrate of that county. How served: Compare ante, § 983. Legislation § 1198. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §478); in exact language of Crim. Prac. Act, Stats. 1851, p. 262, § 454. § 1199. Arrest of defendant. Whether the bench-warrant is served in the county in which it was issued or in another county, the officer must arrest the defendant and bring him before the court or commit him to the officer mentioned in the warrant, according to the command thereof. Legislation § 1199. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 479) ; in substance the same as Crim. Prac. Act, Stats. 1851, p. 262, § 455. § 1200. Arraignment of defendant for judgment. AVhen the defendant appears for judgment he must be informed by the court, or by the clerk, under its direction, of the na- ture of the charge against him and of his plea, and the ver- dict, if any thereon, and must be asked whether he has any legal cause to show why judgment should not be pronounced against him. [Amendment approved 1880; Code Amdts. 1880, p. 26.] Legislation § 1200. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 480); in substance the same as Crim. Prac. Act, Stats. 1851, p. 262, § 456. 2. Amended by Code A2ndts. 1880, p. 26, changing "nature of the indictment" to "nature of the charge against him." § 1201. What causes may be show^n against judgment. He may show, for cause against the judgment : 1. That he is insane ; and if, in the opinion of the court, there is reasonable ground for believing him insane, the question of insanity must be tried as provided in chapter six, title ten, part tAvo of this code. If, upon the trial of that question, the jury finds that he is sane, judgment must be pronounced, but if they find him insane, he must be com- mitted to the state hospital for the care and treatment of the insane, until he becomes sane ; and when notice is given of that fact, as provided in section one thousand three hun- <5 1203 PENAL CODE. 558 (li'cd jiiul xevt'iity-two, he must Ix- Iti-oiiL'lit l)cL"())'t' tlie conn, for jiKliiineiit ; 2. 'J'liat lie has ^yood cinisc to olTcr, cillier iu ari'cst of jndg- nieiit or for a new trial; in wiiicli ease the court may, in its discretion, order the jndijinent to be deferred, and proceed to decide upon the motion in arrest of judgment or for a new trial. [Amendment approved 1905 ; Stats. 1905, p. 764.] Punishment of person while insane: See post, § 1867. Inquiry into sanity of defendant: Sim' i)Ost, §§ i:'«(i7 ct ^cq. Proceedings where defendant sent to hospital becomes insane: See post, § 1372. Legislation § 1201. 1. Enacted February 14, 1872 (N. Y. Code C'rim. Proc, § 481); in substance the same as Grim. Prac. Act, Stats. 1851, p. 262, § 457, except that, in subd. 1. it had the words "the custody of some proper and suitable person" instead of "the state lunatic asylum." 2. Amendment by Stats. 1901, p. 490; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 764, in subd. 1, (1) in first sen- tence, (a) omitting "to be" before "insane"; (b) in second sentence, changing "the jury find" to "the jury finds," and "the state lunatic asylum" to "the state hospital for the care and treatment of the insane." § 1202. New trial, defendant entitled to, if judgment not pronounced. If no sufficient cause is alleged or appears to the court at the time fixed for pronouncing judgment, as provided in section eleven hundred and ninety-one of this code, why judgment should not be pronounced, it must thereupon be rendered ; and if not rendered or pronounced within the time so fixed or to which it is continued under the provisions of section eleven hundred and ninety-one of this code, then the defendant shall be entitled to a new trial. If the court shall refuse to hear a defendant's motion for a new trial or when made shall neglect to determine such motion within the time fixed for prononncing judgment, or within the time to which the same is continued under the provisions of section eleven hundred and ninety-one of this code then the defendant shall be entitled to a new trial. [Amendment approved 1909; Stats. 1909, p. 898.] Judgment, rendition of. After a plea or verdict of guilty, the court must appoint a time for pronouncing judgment, as provided in § 1191, ante. Legislation § 1202, 1. Euacted February 14, 1872 (N. Y. Code Crim Proc, § 482); in substance the same as Grim. Prac. Act, Stats. 1851, p. 262, §458. When enacted in 1872, § 1202 read: "1202. If no sufficient cause is alleged or appears to the court why judgment should not be pronounced, it must thereupon be rendered." 2. Amended by Stats. 1909, p. 898. § 1203. Hearing' on probation. After plea or verdict of guilty, where discretion is conferred upon the court as to 559 JUDGMENT. PROBAtlON. § 1203 the extent of the punishment, the court, upon oral sugges- tions of either party, or of its own motion, that there are circumstances -which may properly he taken into view, either in aggravation or mitigation, of the punishment, may in its discretion refer the same to the probation ol^cer, directing said probation ol^cer to investigate, and to report, recom- mending either for or against release upon probation, at a specified time, and the court shall hear the same summarily at such specified times, and upon such notice to the adverse party as it may direct. At such specified time, if it shall appear from the report furnished by the probation officer, or otherwise, and from the circumstances, of any person over the age of eighteen (18) years, so having pleaded guilty, or having been convicted of crime, that there are circumstances in mitigation of the punishment, or that the ends of justice shall be subserved thereby, the court shall have power, in its discretion, to place the defendant upon probation in the manner following : 1. Suspension of sentence. Bonds. The court, judge or justice thereof, may suspend the imposing, or the execution of sentence and may direct that such suspension may con- tinue for such period of time not exceeding the maximum possible term of such sentence, except as hereinafter set forth, and upon such terms and conditions as it shall deter- mine, which terms and conditions may include, in the dis- cretion of the court, the requirements of bonds for the ap- pearance of the person released upon probation before the court, at any time that the court may require such appear- ance in the investigation of any alleged violation of said terms and conditions of probation and such bonds may be at any time by the court exonerated without affecting any of the other terms or conditions of such probation; and in case of such suspension of imposition or execution of sen- tence, the court shall place such person on probation and under the charge and supervision of the probation officer of said court, during such suspension ; provided, t owever, that where the maximum possible term of such sentence is less than two years, then such period of suspension of imposi- tion or execution of sentence may, in the discretion of the court, continue for not over two years. Where the offense consists of a violation of section 270 or 270a of the Penal Code of the state of California, such suspension of imposi- tion or execution of sentence may, in the discretion of the court, continue for not over five years. 2. Opportunity to pay fine. If the judgment is to pay a fine, and the defendant be imprisoned until it be paid, the § 1203 PENAL coDii:. 560 t'ourt, judge, or justice, upon iiu])osiug' siiiileiUH', may dii'cc-t that tlic execution oi" the seiitenee oi' imprisounieiit ])e sus- pended for such period of time, not exceeding the maximum possil)le term of such sentence, and on such terms as it shall determine, and shall place the defendant on prohation, under the charge and sui)ervision of the probation officer during such suspension, to the end that he may be given the oppor- tunity to pay the fine ; provided, however, that upon the pay- ment of the fine being made, judgment shall be satisfied and the probation cease. 3. Rearrest. May pronounce judgment. At any time during the probationai'y term of the person released on probation, in accordance with the provisions of this section, any probation officer may, "without warrant, or other process, at any time until the final disposition of the case, rearrest any person so placed in his care and bring him before the court, or the court may, in its discretion, issue a warrant for the rearrest of any such person and may thereupon re- voke and terminate such probation, if the interest of justice so requires, and if the court, in its judgment, shall have reason to believe from the report of the probation officer, or otherwise, that the person so placed upon probation is violating the conditions of his probation, or engaging in criminal practices, or has become abandoned to improper associates, or a vicious life. Upon such revocation and termination, the court may, if the sentence has been sus- pended, pronounce judgment after the said suspension of the sentence for any time within the longest period for which the defendant might have been sentenced, but if the judgment has been pronounced and the execution thereof has been suspended, the court may revoke such suspension, whereupon the judgment shall be in full force and effect, and the person shall be delivered over to the proper officer to serve his sentence. 4. Court may revoke order. The court shall have power at any time during the term of probation to revoke or modify its order of suspension, of imposition or execution of sentence. It may, at any time, when the ends of justice will be subserved thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate the period of probation and discharge the person so held, and in all cases, if the court has not seen fit to re- voke the order of probation and impose sentence or pro- nounce judgment, the defendant shall, at the endof the term of probation, be by the court discharged, jicdith- 561 JUDGMENT. PROBATION. § 1203 5. Change of plea. Every defendant who has fidfilled the conditions of his probation for the entire period thereof, or who shall have been discharged from probation prior to the termination of the period thereof, shall at any time prior to the expiration of the maximum period of punishment for the offense of which he has been convicted, dating from said discharge from probation or said termination of said period of probation, be permitted by the court to withdraw his plea of guilty and enter a plea of not guilty; or, if he has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty ; and in either case the court shall thereupon dismiss the accusation or information against such defendant who shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he has been convicted. 6. Probation officers to serve. The same probation officers and assistant probation officers and deputy probation officers shall serve under this act as are appointed under the act known as the juvenile court law% and entitled "An act con- cerning dependent and delinquent minor children, provid- ing for their care, custody, and maintenance until twenty- one years of age ; providing for their commitment to the Whittier State School and the Preston State School of In- dustry, and the manner of such commitment and release therefrom, establishing a probation committee and proba- tion officers to deal with such children, and tixing the salaries of probation officers ; providing for detention homes for said children ; providing for the punishment of persons responsible for, or contributing to, the dependency or de- linquency of children ; and giving to the superior court jurisdiction of such offenses, and repealing inconsistent acts," approved March 8, 1909, or under any laws amend- ing or superseding the same. 7. Transfer of case. Whenever any person is released upon probation under the provisions of this act, the case may be transferred to any court of the same rank in any other county, or city and county, of this state in which such person resides, or to which such person may remove, and such court shall thereupon commit such person to the care and custody of the probation officer of the county, or city and county, to which such person has been transferred ; such court shall thereafter have entire jurisdiction over such case, with like powder to make transfer whenever to such court such transfer may seem proper. 8. Report on person's antecedents. At the time of the plea or verdict of guilty of any crime of any person over Peu. Code — 3G S 1203 nENAl. CODE. 562 oip:hto(Mi ycjifs ul" ;iji-c, llic i)i'()l);i1i()ii ofticcf of l!ie county of the jui'isdictioii of said erinio sliall, avIumi so flirpoterl by the eourt, iiiquii-e into the antecedents, ehnraeter, history, family environment, and offense of such person, and must report the same to the eourt, and file his report in Avriting in the records of said court. ITis report shall contain his recommendation for or against the release of such person on probation. If any such person shall be released on proba- tion and comniitted to the care of the ]->robation officer, such officer shall keep a complete and accurate record in suitable books or other form in writing, of the history of the case in court, and of the name of the probation officer, and his acts in connection with said case ; also the age, sex, nativity, residence, education, habits of temperance, whether married or single, and the conduct, employment, and occupation, and parents' occupation, and condition of such person so com- mitted to his care during the term of such probation and the result of such probation. Such record of such probation officer shall be and constitute a part of the records of the court, and shall at all times be open to the inspection of the court, or of any person appointed by the court for that pur- pose, as well as of all magistrates, and the chief of police, or other head of the police, unless otherwise ordered by the court. Said books of record shall be furnished for the use of said probation officer of said county, and shall be paid for out of the county treasury. 8a. Report of probation officers. Every probation offi- cer, within fifteen days after the 30th day of June, and within fifteen days after the 31st day of December, of each year, shall niake in writing and file as a public document with the county clerk a report to the superior court of the county or city and county in which such probation officer is appointed to serve, and shall furnish a copy of such re- port to each judge in said county or city and county who has released any person on probation who at the time of such report remains on probation ; and a further copy to the secretary of the state board of charities and corrections. Such report shall state, without giving names, the exact number of persons, segregating male and female, and segregating misdemeanors and felonies Avho have been re- leased on probation to such probation officer as such num- ber exists, deducting all cases of expiration, discharge, dis- missal, and restoration of rights, on said 30th day of June and said 31st day of December; and such report shall fur- ther segregate such persons as having been released on probation, as the case may be, in 1903, 1904, 1905, and so 563 JUDGMENT. PROBATION. §1203 on, up to and iiieliiding t.h<; oalendav year in which such report is made and filed. 9. Statement of terms of probation. The probation offi- cer shnll furnish to each j)ei"son who has been released on probation, and committed to his care a written statement of the terms and conditions of his probation unless such statement has been furnished by the court, and shall report to the court, judge or justice, releasing- such person upon probation, any violation or breach of the terms and condi- tions imposed by such court on the person placed in his care. 10. Powers of peace officers. Such probation officer shall have, as to the person so committed to the care of said pro- bation officer, the powers of a peace officer. [Amendment approved 1913; Stats. 1913, p. 221.] Probationary treatment: See pos-t, §§ 1215, 1388. Legislation § 1203. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 48,3), and then read: "1203. After a plea or verdict of guilty, where a discretion is conferred upon the court as to the extent of the punishment, the court, upon the oral suggestion of either party that there are circumstances which may be properly taken into view either in aggravation or mitigation of the punish- ment, may, in its discretion, hear the same summarily, at a specified time, and upon such notice to the adverse party as it may direct." 2, Amended by Stats. 1903, p. 34, to read: "1203. After plea or verdict of guilty, where discretion is conferred upon the court as to the extent of the punishment, the court, upon oral suggestions of either party that there are circumstances which may properlj^ be taken into view, either in aggravation or mitigation of the punish- ment, may, in its discretion, liear the same summarily at a specified time and upon such notice to the adverse party as it may direct. ' At such specified time, if it shall appear by the record furnished by the probation officer, or otherwise, and from the circumstances, of an.v person over the age of sixteen years so having plead guilty or having been convicted of the crime, that there are circumstances in mitigation of the punishment, or that the ends of justice will be subserved thereby, the court shall have power, in its discretion, to place the defendant upon probation in the manner following: 1. The court, judge or justice thereof, may suspend the imposing of sen- tence and may direct that such suspension may continue for such period of time, not exceeding the maximum possible term of such sentence, and upon such terms and conditions as it shall determine, and shall place such person on probation, under the charge and super- vision of the probation officer of said court during such suspension. 2. If the judgment is to pay a fine, and that the defendant be impris- oned until it be paid, the court, judge, or justice, upon imposing sentence, may direct that the execution of the sentence of imprison- ment be suspended for such period of time, not exceeding the maximum possible term of such sentence, and on such terms as it shall determine, and shall place the defendant on probation, under the charge and supervision of the probation officer during such sus- pension, to the end that he may be given the opportunity to pay the fine; provided, nowever, that upon the payment of the fine being made, judgment shall be satisfied and the probation cease. 3. At :§ 1203 PKNAL CODK. 5G4 riiiy tiiiii' (luiin;^ 1 lie |ii()l»;iti()ii!i ry liTiu cil' llic iicisoii rclcaHcil on |iinli;il ion, ill jicrdriliiiirc witli tile jirovisioiis of tliis s<'('tioii, any iMoliatioii (illicor may, without warrant, or other jirocess, at any time until the final disposition of the case, rearrest any person so placed in liis eare and briurobation, or because the ends of justice or reform of 565 JUDGMENT. PROBATION. § 12U3 such person will be best subserved thereby. 2. If the judgment is to pay a fine, and that the defendant be imprisoned until it be paid, the court, judge, or justice, upon imposing sentence^ may direct that the execution of the sentence of imprisonment be suspended' for such period of time, not exceeding the maximum possible term of such sentence, and on such terms, as it shall determine, and shall place the defendant on probation, under the charge and suiiervisiou of the probation officer during such suspension, to the end that he may be given the opportunity to pay the fine; provided, however, that upon payment of the fine being made, judgment shall be satis- fied and the probation cease. 3. At any time during the probation- ary term of the person released on probation, in accordance with the provisions of this section, any probation officer may, without warrant, or other process, at any time until the final disposition of the case, rearrest any person so jilaced in his care and bring him before the court. If in the opinion of the officer it is for the inter- est of justice and of society and the reform of such person that his probation be revoked and that he be committed to prison, such officer shall file his written recommendation thereof of record in the court; or the court may of its own motion in its discretion, issue a warrant for the rearrest of any such person and may thereupon or upon such written recommendation of such probation officer, revoke and terminate such probation, if the interest of justice and of society, or the reform of the person will be subserved thereby, and if the court, in its judgment, shall have reason to believe from the report of the probation officer, or otherwise, that the person so placed upo»i probation is violating the conditions of his proba- tion, or engaging in any criminal or immoral practices, or has be- come abandoned to improper associates, or a vicious life. Upon such revocation and termination, the court may, if the sentence has been suspended, pronounce judgment at any time after the said sus- pension of the sentence within the longest period for which the defendant might have been sentenced, but if the judgment has been pronounced and the execution thereof has been suspended, the court may revoke such suspension, whereupon the judgment shall have full force and effect, and the person shall be delivered over to the proper officer to serve his sentence, and the time during which the execution of such judgment was suspended shall not count as any part of any term of imprisonment provided for, by, or resulting under such judgment. 4. The court shall have power at any time during the term of probation to revoke or modify its order of suspension of imposition or execution of sentence. It may, at any time, when the ends of justice will be subserved thereby, and when the good conduct and reform of the person so held on probation shall war- rant it, terminate the period of probation and discharge the person so held, and in all cases, if the court has not seen fit to revoke the order of probation and impose sentence or pronounce judgment, the defendant shall, at the end of the term of probation, be by the court discharged." 4. Amended by Stats. 1909, p. 3.57, to read: "After jjlea or ver- dict of gui'.ty, where discretion is conferred upon the court as to the extent of the punishment, the court, upon oral suggestions of either party that there are circumstances which may properly be taken into view, either in aggravation or mitigation of the punish- ment, may, in its discretion, hear the same summarily at a .specified time and upon such notice to the adverse party as it may direct. At such specified time, if it shall appear by the record furnished "by the probation officer, or otherwise, and from the circumstances. § 1203 PENAL CODE. 566 of .'tny jicrsdn ovov llio ;i^t' of sixtci'ii years so ha\'inK l)U'a(l fiuilty or h.'iviufi- hocn convictcNl of tlie f-riiiio. that thero are circumstances in niitifTation of the punishment, or that the entls of justice will be subserved thereby, the court sliall have ])o\ver, in its discretion, to place the defendant upon probation in the manner following: 1. The court, .iudge or justice thereof, may suspend the imposing of sentence and may direct that such suspension may continue for such period of time, not exceeding the maximum possible term of such sentence, and upon such terms and conditions as it shall deter- mine, and shall place such person on probation, under the charge and sujiervision of the probation officer of said court during such suspension. 2. If the judfiment is to pay a fine, and that the de- fendant be imprisoned until it be paid, the court, judge, or ju.stice, upon imposing sentence, may direct that the execution of the sen- tence of imprisonment be sus]iended for such period of time, not exceeding the maximum possible term of such sentence, and on such terms as it shall determine, and shall place the defendant on proba- tion, under the charge and sujjervision of the probation officer during such suspension, to the end that he may be given the oppor- tunity to pay the fine; provided, however, that upon the payment of the fine being made, judgment shall be satisfied and the probation cease. 3. At any time during the probationary term of the person released on probation, in accordance with the provisions of this section, any probation officer may, without warrant, or other pro- cess, at any time until the final disposition of the case, rearrest any person so placed in his care and bring him before the court, or the court may, in his discretion, issue a warrant for the rearrest of any such person and may thereupon revoke and terminate such probation, if the interest of justice so requires, and if the court, in its judgment, shall have reason to believe from the report of the probation officer, or otherwise that the person so placed upon probation is violating the conditions of his probation, or engaging in criminal practices, or has become abandoned to improper asso- ciates, or a A'ieious life. Upon such revocation and termination, the court may, if the sentence has been suspended, pronounce judgment at any time after the said suspension of the sentence within the longest period for which the defendant might have been sentenced, but if the judgment has been pronounced and the execution thereof has been suspended, the court may revoke such suspension, where- upon the judgment shall be in full force and effect, and the person shall be delivered over to the proper officer to serve his sentence. 4. The court shall have power at any time during the term of pro- bation to revoke or modify its order of suspension of imposition or execution of sentence. It may, at any time, when the ends of jus- tice will be subserved thereby, and when the good conduct and re- form of the person so held on probation shall warrant it, terminate the period of probation and dischai'ge the person so held, and in all cases, if the court has not seen fit to revoke the order of probation and impose sentence or pronounce judgment, the defendant shall, at the end of the term of probation, be by the court discharged. 5. Every defendant who has fulfilled the conditions of his proba- tion for the entire period thereof, or who shall have been discharged from probation prior to the termination of the period thereof, shall at any time prior to the expiration of the maximum period of pun- ishment for the offense of which he has been convicted, dating from said discharge from probation or said termination of said period of probation, be permitted by the court to withdraw his jilea of guilty and enter m plea of not guilty; or, if he has been con- 567 JUDGMENT. PROBATION. § 1203 victeil after a plea of not guilty, the court shall set aside the ver- dict of guilty and the court shall thereupon dismiss the accusation or information against such defendant who shall thereafter be re- leased from all penalties and disabilities resulting from the offense or crime of which he has been convicted." 5. Amended by Stats. 1911, p. 689, to read: "§1203. After plea or verdict of guilty, where discretion is conferred upon the court as to the extent of the punishment, the court, upon oral sugges- tions of either party, or of its own motion, that there are circum- stances which may properly be taken into view, either in aggravation or mitigation of the punishment, may in its discretion refer the same to the probation officer, directing said probation officer to in- vestigate, and to report, recommending either for or against release upon probation, at a specified time, and the court shall hear the same summarily at such specified times, and upon such notice to the adverse party as it may direct. At such specified time, if it shall appear from the report furnished Ity the probation officer, or other- wise, and from the circumstances, of any person over the age of eighteen (18) years, so having pleaded guilty, or having been con- victed of crime, that there are circumstances in mitigation of the punishment, or that the ends of justice shall be subserved thereby, the court shall have power, in its discretion, to place the defendant upon probation in the manner following: 1. The court, judge or justice thereof, may suspend the imposing, or the execution of sen- tence, and may direct that such suspension may continue for such period of time, not exceeding the maximum possible term of such sentence, and upon such terms and conditions as it shall determine, which terms and conditions may include, in the discretion of the court, the requirement of bonds for the appearance of the person released upon probation before the court, at any time that the court may require such appearance in the investigation of any alleged violation of said terms and conditions of probation, and such bonds may be at any time by the court exonerated without affecting any of the other terms or conditions of such probation; and in case of such suspension of imposition or execution of sentence, the court shall place such person on probation and under the charge and supervision of the probation officer of said court, during such sus- pension, or under the charge and supervision of the probation officer of the county in which such probationer is by the court permitted to reside. 2. If the judgment is to pay a fine, and that the defend- ant be imprisoned until it be paid, the court, judge, or justice, upon imposing sentence, may direct that the execution of the sentence of imprisonment be suspended for such period of time, not exceeding the maximum possible term of such sentence, and on such terms as it shall determine, and shall place the defendant on probation, under the charge and supervision of the probation officer during such sus- pension, to the end that he may be given the opportunity to pay the fine; provided, however, that upon the payment of the fine being made, judgment shall be satisfied and the probation cease. 3. At any time during the probationary term of the person released on probation, in accordance with the provisions of this section, any probation officer may, without warrant, or other process, at any time until the final disposition of the case, rearrest any person so placed in his care and bring him before the court, or the court may, in its discretion, issue a warrant for the rearrest of any such person and may thereupon revoke and terminate such probation, if the interest of justice so requires, and if the court, in its judgment, shall have reason to believe from the report of the probation officer, § 1203 PENAL C()1>K. 5G8 or otliciwise, that the i)Oison so placed upon probation is violating the coiiclitions of his probation, or oiigaginjr in criminal practices, or has become abandoned to improper associates, or a vicious life. Upon such revocation and termination, the court may, if the sen- tence lias been suspended, pronounce judgment after tiie said sus- pension of the sentence for any time witliin the longest period for which the defendant might have been sentenced, but if the judg- ment has been pronounced and the execution thereof has been sus- jiended, the court may revoke such suspension, whereupon the judgment shall be in full force and effect, and the person shall be tlelivered over to the proper officer to serve his sentence. 4. The court shall have power at any time during the term of probation to revoke or modify its order of suspension, of imposition or exe- cution of sentence. It may, at any time, when the ends of justice >vill be subserved thereby, and when the good conduct and reform of the person so held on probation shall warrant it, terminate tlie period of probation and discliarge the person so held, and in all cases, if tlie court has not seen fit to revoke the order of probation and impose sentence or pronounce judgment, the defendant shall, at the end of the term of probation, be by the court discharged. 5. Every defendant who lias fulfilled the conditions of his probation for the entire period thereof, or who shall have been discharged from probation prior to the termination of the period thereof, shall at any time prior to the expiration of the maximum period of jnm- ishment for the offense of which he has been convicted, dating from said discharge from probation or said termination of said period of probation, be permitted by the court to withdraw his plea of guiltj' and enter a plea of not guilty; or, if he has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty; and in either case the court shall thereupon dismiss the accusation or information against such defendant who shall there- after be released from all penalties and disabilities resulting from the offense or crime of which he has been convicted. 6. The same probation officers and assistant probation officers and deputy pro- bation officers shall serve under this act as are appointed under the act known as the juvenile court law, and entitled "An act con- cerning dependent and delinquent minor children, providing for their care, custody, and maintenance, until twenty-one years of age; pro- viding for their commitment to the Whittier State School and the Preston State School of Industry, and the manner of such commit- ment and release therefrom, establishing a probation committee and probation officers to deal with such children, and fixing the salaries of probation officers; piroviding for detention homes for said chil- dren; providing for the punishment of persons responsible for, or contributing to, the dependency or delinquency of children; and giving to the superior court jurisdiction of such offenses, and repeal- ing inconsistent acts," approved March 8, 1909, or under any laws amending or superseding the same. 7. Such probation officers shall serve under this act whenever required to do so by any court having original jurisdiction of criminal actions in this state. 8. At the time of the plea or verdict of guilty of any crime of any person over eighteen years of age, the probation officer of the county of the jurisdiction of said crime shall, when so directed by the court, in- quire into the antecedents, character, history, family environment, and offense of such person, and must report the same to the court, and file his report in writing in the records of said court. His report shall contain his recommendation for or against the release of such person on probation. Tf any such person shall be released 569 THE JUDGMENT. § 1205 ou probation aud committed to the care of tlie probation officer, such officer shall keep a complete aud accurate record in suitable books or other form in writing, of the history of the case in court, aud of the name of the probation officer, and his acts in connection with said case; also the age, sex, nativity, residence, education, habits of temperance, whether married or single, and the conduct, employment, and occupation, and parents' occupation, and condition of such person so committed to his care during the term of such probation and the result of such probation. Such record of such probation officer shall be and constitute a part of the records of the court, and shall at all times be open to the inspection of the court, or of any person appointed by the court for that purpose, as well as of all magistrates, and the chief of police, or other head of the police, unless otherwise ordered by the court. Said books of record shall be furnished for the use of said probation officer of said county and shall be paid for out of the county treasury. 9. The probation officer shall furnish to each person who has been released on pro- bation, and committed to his care, a written statement of the terms and conditions of his probation, unless such statement has been furnished by the court, and shall report to the court, judge or jus- tice, releasing such person upon probation, any violation or breach of the terms and conditions imposed b}- such court on the person placed in his care. 10. Such probation officer shall have, as to the person so committed to the care of said probation officer, the powers of a peace officer." 6. Amended by Stats.. 1913, p. 221. § 1204. Proof of former conviction or of facts, etc., in mitigation, etc., how made. The circumstances must be pre- sented ) y the testimony of witnesses examined in open court, except that when a witness is so sick or infirm as to be un- able to attend, his deposition may be taken by a magistrate of the county, out of court, upon such notice to the adverse party as the court may direct. No affidavit or testimony, or representation of any Ivind. verbal or written, can be offered to or received by the court, or a judge thereof, in aggrava- tion or mitigation of the punishment, except as provided in this and the preceding section. Legislation § 1204. Enacted February 14, 1872. § 1205. Imprisonment for fine. A judgment that the de- fendant pay a fine may also direct that he be imprisoned until the fine be satisfied. But the judgment must specify the extent of the imprisonment, which must not exceed one day for every two dollars of the fine, nor extend in any case beyond the term for which the defendant might be sentenced to imprisonment for the offense of which he has been con- victed. [Amendment approved 1891; Stats. 1891, p. 52.] Fine, imprisonment until paid: See post, §§ 1446, 1456. Legislation § 1205. 1. Enacted February 14, 1872 (N. Y. Code Grim. Proc, § 484); in substance the same as Grim. Prac. Act, § 460, as amended by Stats. 1857, p. 164, § 1, which had the words "or in that proportion" at end of section. When enacted in 1872, § 1205 § 1207 PKNAL CODE. 570 read: "1205. A jiulgnicut thai thn dofcndaut pay a fine may also direct that he be imprisoned until the fine is satisfied, specifying the extent of the imprisonment, which cannot exceed one day for overy two dollars of the fine." 2. Amended by Code Amdts. 1873-74, p. 455, to read: "1205. A .indyment that the defendant pay a fine may also direct that he be imprisoned until the fine be satisfied, specifying the extent of im- prisonment, which must not exceed one day for every dollar of the fine." 3. Amended by Stats. 1891, p. 52. § 1206. Judgment to pay fine constitutes a lien. A .jud^'- nient that a del'endaiit pay a fine with or without the alterna- tive of imprisonment constitutes a lien in like manner as a judgment for money rendered in a civil action. [Amend- ment approved 1905; Stats. 1905, p. 764.] Disposition of fines and forfeitures: See post, § 1570. Compare with post, § 1214. Legislation § 1206. 1. Enacted February 14. 1872; in substance the same as Crim. Prac. Act, Stats. 1851," p. 263, § 461. When en- acted in 1872, § 1206 read: "1206. A judgment that the defendant pay a fine constitutes a lien, in like manner as a judgment for money rendered in a civil action." 2. Amendment by Stats. 1901, p. 491; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 764; the code commissioner say- ing, "The amendment makes the section applicable whether tlie fine was imposed with or without the alternative of imprisonment. (See People V. Brown, 113 Cal. 35.)" § 1207. Entry of judgment. When judgment upon a con- viction is rendered, the clerk must enter the same in the minutes, stating briefly the offense for w'hich the conviction was had, and the fact of a prior conviction, if any, and must, within five days, annex together and file the following papers, which constitute a record of the action: 1. The indictment or information, and a copy of the min- utes of the plea or demurrer ; 2. A copy of the minutes of the trial ; 3. The written instructions given, modified, or refused, with the indorsements thereon, and the certified transcript of the charge of the court; and, 4. A eopv of the judgment. [Amendment approved 1905; Stats. 1905;p. 764.] Legislation § 1207. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 485); in substance the same as Crim. Prac. Act, Stats. 1851, p. 263, § 462, but which did not contain subd. 8 of the original code section. When enacted in 1872, § 1207 read: "1207. W'hen judgment upon a conviction is rendered, the clerk must enter the same upon the minutes, stating briefly the offense for which the conviction was had, and the fact of a prior conviction (if one), and must within five days annex together and file the following papers, which constitue a record of the action: 1. A copy of the 571 the: execution. § 1207 minutes of a challenge interposed by the defendant to the panel of the grand jury, or to an individual grand juror, and the pro- ceedings and decision thereon; 2. The indictment and a copy of the minutes of the plea or demurrer; 3. A copy of the minutes of a challenge interposed to the panel of the trial jury or to an indi- vidual juror, and the proceedings and decision thereon; 4. A copy of the minutes of the trial; 5. A copy of the minutes of the judg- ment; 6. The bill of exceptions, if there be one; 7. The written charges asked of the court, and refused, if there be any; 8. A copy of all charges given and of the indorsements thereon." 2. Amended by Code Amdts. 1873-74, p. 449, to read: "1207. When judgment upon a conviction is rendered, the clerk must enter the same in the minutes, stating briefly the offense for which the con- viction was had, and the fact of a prior conviction (if one), and must, within five days, annex together and file the following papers, which will constitute a record of the action; First — The indictment and a copy of the minutes of the plea or demurrer. Second — A copy of the minutes of the trial. Third — The charges given or refused and the indorsements thereon; and Fourth — A copy of the judg- ment." 3. Amended by Code Amdts. 1880, p. 26, in subd. 1, adding "or information" after "The indictment." 4. Amendment by Stats. 1901, p. 491; unconstitutional. See note, § 5, ante. 5. Amended by Stats. 1905, p. 764; the code commissioner saying, "The design of the amendment is to conform the section to the amendment to § 1176. To effect this the words 'and the certified transcript of the charge of the court' are inserted after 'thereon.' " CHAPTER II. The Execution. § 1213. Authority for the execution of a judgment, other than of death. § 1214. If for fine alone, execution to issue as in civil cases. § 1215. .Judgment, hv whom and how executed. § 1216. Duty of sheriff on receiving copy of judgment of imprison- ment. § 1217. Warrant of execution upon judgment of death. Time of exe- cution. § 1218. Judge to transmit statement of conviction and testimony to governor. § 1219. Governor may require opinion of justices of supreme court, etc., thereon. § 1220. Judgment of death, when suspended. § 1221. Insanity of defendant, how determined. § 1222. Duty of district attorney upon hearing. § 1223. Order of court committing insane person to hospital. § 1224. Defendant found to be sane, duty of warden. § 1225. Proceedings when female is supposed to be pregnant. § 1226. If female is not pregnant, duty of warden. § 1227. Judgment of death remaining in force, not executed. No appeal from order of court. § 1228. Punishment of death, how inflicted. § 1229. Execution, where to take place and who to be present. § 1230. Return upon death-warrant. ^1215 PENAL CODE. 572 § 1213. Authority for the execution of a judgment, other than of death. When a judgment, other than oi" death, has been i)i'()iiounced, a cei'tified cu])y oi" tlie entry thereof upon the niiiuites must be forthwith furiiislied to the officer whose duty it is to execute the judgment, and no otlier warrant or authority is necessary to justify or require its execution. Legislation § 1213. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 486) ; based on Crim. Prac. Act, ytats. 1851, p. 2G3, § 463, which read: "§463. Where a judgmeut has been pronounced, a cer- tified copy of the entry thereof in the minutes shall be forthwith furnished to the officers whose duty it is to execute the judgment, and no other warrant or authority is necessary to justify or require the execution thereof except where judgment of death is rendered." § 1214. If for fine alone, execution to issue as in civil cases. If the judgment is for a fine with or Avithout im- prisonment, execution may be issued thereon as on a judg- ment in a civil action. [Amendment approved 1905 ; Stats. 1905, p. 698.] Judgment to pay fine constitutes lien: Ante, § 1206. Legislation § 1214. 1. Enacted February 14, 1872; in substance the same as Crim. Prac. Act, Stats. 18.51, p. 263, § 464. When en- acted in 1872, § 1214 read: "1214. If the judgment is for a fine alone, execution may be issued thereon as on a judgment in a civil action." 2. Amendment by Stats. 1901, p. 491; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 698; the code commissioner saying, "The amendment makes the rule of the section applicable, though the punishment include imprisonment as well as fine. (See People V. Brown, 113 Cal. 35.)" § 1215. Judgment, by whom and how executed. If the judgment is for imprisonment, or a fine and imprisonment until it be paid, the defendant must forthwith be com- mitted to the custody of the proper officer and by him detained until the judgment is complied with. Where, how- ever, the court has suspended sentence, or where, after im- posing sentence, the court has suspended the execution thereof and placed the defendant on probation, as provided in section twelve hundred and three of the Penal Code, the defendant, if over the age of sixteen years, must forthwith be placed under the care and supervision of the probation officer of the court committing him, until the expiration of the period of probation and the compliance with the terms and conditions of the sentence, or of the suspension thereof. Where, hoAvever, the probation has been terminated as pro- vided in section twelve hundred and three of the Penal Code, and the suspension of the sentence, or of the execution re- voked, and the judgment pronounced, the defendant must 573 THE EXECUTION. § 1217 forthwith be committed to the custody of the proper officer and be detained until the judgment be complied with. [Amendment approved 1903; Stats. 1903, p. 35.] Payment of fine: See ante, § 1205. Probationary treatment: See ante, § 1203; post, § 13S8. Judgment of imprisonment, how executed: See post, §§ 1216^ 1455. Legislation § 1215. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 488) ; in substance the same as Crini. Prac. Act, Stats. 1851, p. 263, §465. When enacted in 1872, the section contained only the first sentence of the present section. 2. Amended by Stats. 1903, p. 35, adding the last two sentences. § 1216. Duty of sheriff on receiving copy of judgment of imprisonment. If the judgment is for imprisonment in the state prison, the sheriff of the county must, upon receipt of a certified copy thereof, take and deliver the defendant to the warden of the state prison. He must also deliver to the warden the certified copy of the judgment, and take from the warden a receipt for the defendant. Execution: Ante, § 1213. Judgment of imprisonment, how executed: See ante, § 121.5; post, § 1455. Legislation § 1216. 1. Enacted February 14, 1872 (N. Y. Cod.e Crim. Proc, §489); based on Stats. 1856,' p. 226, § 2, which read: "Sec. 2. It shall be the duty of the sheriff, immediately upon the receipt of the clerk's certificate, to proceed and deliver at the state prison, each person sentenced to imprisonment therein; and for each convict delivered, he shall take the receipt of the person in charge of the prison." 2. Amendment by Stats. 1901, p. 491; unconstitutional. See note, § 5, ante. § 1217. Warrant of execution upon judgment of death. Time of execution. "When judgment of death is rendered, a warrant, signed by the judge, and attested by the clerk, under the seal of the court, must be drawn and delivered to the sheriff. It must state the conviction and judgment, and appoint a day on which the judgment is to be executed, w^hich must not be less than sixty nor more than ninety days from the time of judgment, and must direct the sheriff to deliver the defendant, within ten days from the time of judgment, to the warden of one of the state prisons of this state, for execution, such prison to be designated in the warrant. [Amendment approved 1891; Stats. 1891, p. 272.] Execution of judgment of death: See post, §§ 1228, 1229. Legislation § 1217. 1. Enacted February 14, 1872 {N. Y. Code Crim. Proc, §§ 491. 492); in substance the same as Crim. Prac. Act, Stats. 1851, p. 263, § 466. When enacted in 1872, the first sentence read the same as the amendment of 1891 (the present section), the second sentence reading, "It must state the conviction and judg- ment, and appoint a day on which the judgment is to be executed, § 1221 PENAL CODE. 574 which iiiiist not bo less tlian tliiity nor more than sixty dnys from the time of jiidjiment." 2. Amended by Stats. 1891, p. 272. 3. Amendment by Stats. 1901, \>. 491; inu.-onstitutional. See note, § 5, ante. § 1218. Judge to transmit statement of conviction and testimony to governor. The judge of tlie court at Avhich a conviction reciuiriiig judgniont oL' death is had, must, im- mediately after the conviction, transmit to the governor, by mail or otherwise, a statement of the conviction and judgment, and of the testimony given at the trial. Legislation § 1218. Enacted February 14, 1872 (N. Y. Code Crim. Proe.. § 493); in substance the same as Crim. Prac. Act, Stats. 1851, p. 263, § 467. § 1219. Governor may require opinion of justices of su- preme court, etc., thereon. The governor may thereupon require the opinion of the justices of the supreme court and of the attorney-general, or any of them, upon the statement so furnished. Legislation § 1219. Enacted February 14, 1872 (X. Y. Code Crim. Proc, § 494); in substance the same as Crim. Prac. Act, Stats. 1851, ' p. 264, § 468. § 1220. Judgment of death, when suspended. No judge, court, or officer, other than the governor, can suspend the execution of a judgment of death, except the warden of the state prison to whom he is delivered for execution, as pro- vided in the six succeeding sections, unless an appeal is taken. [Amendment approved 1891 ; Stats. 1891, p. 273.] Legislation § 1220. 1. Enacted February 14. 1872 (N. Y. Code Crim. Proc, § 495); in substance the same as Crim. Prac. Act, Stats. 1851, p. 264, § 469. 2. Amended by Stats. 1891, p. 273, substituting "warden of the state prison to whom he is delivered for execution" for "sheriff." 3. Amendment by Stats. 1901, p. 491; unconstitutional. See note, § 5, ante. § 1221. Insanity of defendant, how determined. If, after his delivery to the warden for execution, there is good reason to believe that a defendant, under judgment of death, has become insane, the warden must call such fact to the attention of the district attorney of the county in which the prison is situated, whose duty it is to immediately file in the superior court of such county a petition, stating the con- viction and judgment, and the fact that the defendant is believed to be insane, and asking that the question of his sanity be inquired into. Thereupon the court must at once cause to be summoned and impaneled, from the regular jury- 575 THE EXECUTION. § 1223 list of the county, a jury of twelve persons to hear such in- quiry. [Amendment approved 1905; Stats. 1905, p. 698.] Legislation § 1221. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §496); based on Crim. Prae.'Act, Stats. 1851, p. 264, § 470, which read: "§ 470. If after judgment of death there be good reason to suppose that the defendant has become insane, the sheriff of the county, with the concurrence of the judge of the court by which the judgment was rendered, may summon a jury of twelve persons to inquire into the supposed insanity, and shall give imme- diate notice thereof to the district attorney of the countv." \\'hen enacted in 1872, § 1221 read: "1221. If, after judgment of death, there is good reason to suppose that the defendant has become in- sane, the sheriff of the county, with the concurrence of the judge of the court by which the judgment was rendered, may summon from the list of jurors selected by the supervisors for the year a jury of twelve persons to inquire into the supposed insanitj', and must give immediate notice thereof to the district attorney of the countv." 2. Amended by Stats. 1891, p. 273, to read: "1221. If, after judg- ment of death, there is good reason to suppose that the defendant has become insane, the warden of the state prison to whom he is delivered for execution, with the concurrence of the judge of the superior court of the county in which such prison is situated, may summon from the list of jurors selected by the supervisors for the year, a jury of twelve persons, to inquire into the supposed insanity, and must give immediate notice thereof to the district attorney of such county." 3. Amendment by Stats. 1901, p. 492; unconstitutional. See note, § 5, ante. / 4. Amended by Stats. 1805, p. 698; the code commissioner saying, "The amendment is designed to permit the warden to act without procuring the concurrence of the judge of the superior court, and requires the district attorney to act upon the suggestion of the warden by filing a petition and taking proceedings thereunder to ascertain whether the defendant is insane." § 1222. Duty of district attorney upon hearing. The district attorney must attend the hearing, and may produce witnesses before the jury, for which purpose he may issue process in the same manner as for witnesses to attend before the grand jury, and disobedience thereto may be punished in like manner as disobedience to process issued by the court. [Amendment approved 1905; Stats. 1905, p. 699.] Legislation § 1222. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 497); in substance the same as Crim. Prac. Act, Stats. 1851, p. 264, §471. 2. Amendment by Stats. 1901, p. 492; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 699, changing "attend the inquisi- tion" to "attend the hearing." § 1223. Order of court committing' insane person to hos- pital. The verdict of the .jury must be entered upon the minutes, and thereupon the court must make and cause to be entered an order reciting the fact of such inquiry and § 1224 I'KNAL CODE. 57G the result tliercof, and wlicii it is foiiiul that tlic defendant is insane, the order must direct that lie be taken to one of the state hospitals for the insane, and there kept in safe confinement until his reason is restored. [Amendment ap- proved 1905; Stats. 1905, p. 699.] Legislation § 1223. 1. Enacted February ]4, 1872; in substance the same as Ciini. Prac Act, Stats. 18.51J p. 264, § 472. When en- acted in 1872, §122.S read: "122.3. A certificate of the inquisition must be signed by the jurors and the sheriff, and filed witli the clerk of the court in which tlie conviction was had." 2. Amended by Stats. 1891, p. 27-3, to read: "1223. A certificate of inquisition must be signed by the jurors and the warden, and filed with the clerk of the su[)erior court of the county in which such state prison is situated." 3. Amendment by Stats. 1901, p. 492; unconstitutional. See note, § 5, ante. 4. Amended by Stats. 1905, ]). 699; Ihe code commissioner saying, "The amendment requires the verdict to be entered upon the min- utes, and the court thereupon to enter an order for the confinement of the defendant in a hos])ital if he is found to be insane." § 1224. Defendant found to be sane, duty of warden. If it is found that the defendant is sane, the warden must pro- ceed to execute the judgment as specified in the warrant; if it is found that the defendant is insane, the warden must suspend the execution, and transmit a certified copy of the order mentioned in the last section to the governor, and deliver the defendant, together with a certified copy of such order, to the medical superintendent of the hospital named in such order. When the defendant recovers his reason, the superintendent of such ho.^pital must certify that fact to the governor, who must thereupon issue to the warden his warrant, appointing a day for the execution of the judg- ment. [Amendment approved 1905; Stats. 1905, p. 699.] Legislation § 1224. 1. Enacted February 14, 1872; in substance the same as Crini. Prac. Act, Stats. IS.'JI, p. 264, §§ 473, 474. When enacted in 1872, § 1224 read: "1224. If it is found by the inquisi- tion that the defendant is sane, the sheriff must execute the judg- ment; but if it is found that he is insane, the sheriff must suspend the execution of the judgment until he receives a warrant from the governor or from the judge of the. court by which the judgment was rendered directing the execution of the judgment. If the inquisi- tion finds that the defendant is insane, the sheriff must immediately transmit it to the governor, wlio may, when the defendant becomes sane, issue a warrant appointing a day for the execution of the judgment." 2. Amended by Stats. 1891, p. 273, to read: "1224. If it is found by the inquisition that the defendant is sane, the warden must execute the judgment; but if it is found that he is insane, the warden must suspend the execution of the judgment until he re- ceives a warrant from the governor, or from the judge of the su- perior court of the county in which such state prison is situated, directing the execution of the judgment. If the inquisition finds 577 THE EXECUTION. § 1226 that the defendant is insane, the warden must immediately trans- mit it to the governor, who may, when the defendant becomes sane, issue a warrant appointing a day for the execution of the judgment." 3. Amendment by Stats. 1901, p. -192; un-^onstitutional. See note, § 5, ante. 4. Amended by Slats. 1905, p. 699; thi* -ode commissioner saying, "The amendment provides for the action to be taken when the de- fendant recovers his reason, and consists in striking out all of the words following 'execution,' and substituting new provisions in lieu thereof." § 1225. Proceedings when female is supposed to be pregnant. If there is good reason to believe that a female against whom a judgment of death is rendered is pregnant, such proceedings must be had as are provided in section twelve hundred and twenty-one, except that instead of a jury, as therein provided, the court may summon three dis- interested physicians, of good standing in their profession, to inquire into the supposed pregnancy, who shall, in the presence of the court, but with closed doors, if requested by the defendant, examine the defendant and hear any evidence that may be produced, and make a written finding and cer- tificate of their conclusion, to be approved by the court and spread upon the minutes. The provisions of section twelve hundred and twenty-tAvo apply to the proceedings upon such inquiry. [Amendment approved 1905; Stats. 1905, p. 699.] Legislation § 1225. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 500); in substance the same as Crim. Prac. Act, Stats. 1851, p. 264, § 475. When enacted in 1872, § 1225 read: "1225. If there is good reason to suppose that a female against whom a judg- ment of death is rendered is pregnant, the sheriff of the county, with the concurrence of the judge of the court by which the judgment was rendered, may summon a jury of three physicians to inquire into the supposed pregnancy. Immediate notice thereof must be given to the district attorney of the county, and the provisions of sections 1222 and 1223 apply to the proceedings upon the inquisition." 2. Amended by Stats. 1891, p. 273, (1) changing the first sen- tence to read, "If there is good reason to suppose that a female against whom a judgment of death is rendered is pregnant, the warden of the state prison to whom she is delivered for execution, with the concurrence of the superior court of the county in which such state prison is situated, may summon a jury of three physicians to inquire into the supposed pregnancy"; (2) in second sentence, changing "the county" to "such county." 3. Amendment by Stats. 1901, p. 493; unconstitutional. See note, § 5, ante. 4. Amended by Stats. 1905, j). 699; the code commissioner saying, "The amendment conforms the section to the proposed change in § 1221." § 1226. If female is not pregnant, duty of warden. If it is found that the female is not pregnant, the warden must Pen. Code — 37 § 1227 PENAL CODE. 578 execute the jiulsnient; if it is found that she is pregnant the warden must susi)end tlic execution of the jud{?nient, and transmit a certified copy of the finding and cei'tificatc to the governor. When the governor receives from the warden a certificate that the defendant is no longer pregnant, he must issue to the warden his warrant appointing a day for the execution of the judgment. [Amendment approved 1905; Stats. 1905, p. 699.] Legislation § 1226. 1. Enacted February 14, 1872 (N. Y. Code dim. Fine, §§ ;"ni, 502); in substance the same as Crim. Prac. Act, Stats. 1851, p. 2n4, §§ 476, 477! When enacted in 1872, § 1226 read: "12L'6. If it is found by the inquisition that the female is not preg- nant, the sheriff must execute the judgment; if it is found tliat she is pregnant, the sheriff must suspend the execution of the judgment, and transmit tlie inquisition to tlie governor. When the governor is satisfied that the female is no longer ]iregnant, he may issue his warrant appointing a day for the execution of the judgment." 2, Amended by Stats. 1891, p. 274, in first sentence, changing "sheriff" to "warden" in both instances. 3, Amendment by Stats. 1901, p. 493; unconstitutional: See note, § 5, ante. 4, Amended by Stats. 1905, p. 699; the code commissioner saying, "The change consists in the insertion of the words 'certified copy of the finding and certificate,' and in the addition of the provision relative to the governor's issuing his warrant upon receiving a cer- tificate from the warden." § 1227. Judgment of death remaining* in force, not exe- cuted. No appeal from order of court. If for any reason a judgment of death has not been executed, and it remains in force, the court in which the conviction is had, on the application of the district attorney of the county in w^hich the conviction is had, must order the defendant to be brought before it, or if he is at large, a warrant for his apprehension may be issued. Upon the defendant being brought before the court, it must inquire into the facts, and if no legal reason exists against the execution of the judg- ment, must make an order that the warden of the state prison to whom the sheriff is directed to deliver the de- fendant execute the judgment at a specified time. The warden must execute the judgment accordingly. From an order directing and fixing the time for the execution of a judgment, as herein provided, there is no appeal. [Amend- ment approved 1905; Stats. 1905, p. 700.] Legislation § 1227. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 503) ; in substance the same as Crim. Prac. Act, Stats. 1851, p. 265, §§478, 479. When enacted in 1872, § 1227 read: "1227. If foi- any reason a judgment of deatli has not been executed and it remains in force, the court in which the conviction was had, on the application of the district attorney, must order the defend- ant to be brought before it, or, if he is at large, a warrant for his 579 THE EXECVTION. § 1229 appreheusion may be issued. Upon the defendant being brought before the court it must inquire into the facts, and if no legal reasons exist against the execution of the judgment, must make an order that the sheriff execute the judgment at a specified time. The sheriff must execute the judgment accordingly." 2. Amended by Stats. 1891, p. 274, to read: "1227. If for any rea- son a judgment of death has not been executed, and it remains in force, the court in which the conviction is had, on the application of the district attorney of the county in which the conviction is had, must order the defendant to be brought before it, or if he is at large, a warrant for apprelieusion may be issued. Upon the defend- ant being brought before the court, it must inquire into the facts, and if no legal reasons exist against the execution of the judgment, must make an order that the warden of the state prison to whom the sheriff is directed to deliver the defendant, shall execute the judgment at a si^ecified time. The warden must execute the judg meut accordingly." 3. Amendment by Stats. 1901, p. 493; unconstitutional: See note, § 5, ante. 4. Amended by Stats. 1905, p. 700; the code commissioner saying. "The change consists in the addition of the last sentence, which pro- vides that no appeal can be taken from the order fixing the time for the execution of the judgment." § 1228. Punishment of death, how inflicted. The pun- ishment of death must be inflicted by hanging the defendant by the neck until he is dead. Warrant of execution: Ante, § 1217. Execution of judgment of death: See ante, § 1217; post, § 1229. Legislation § 1228. Enacted February 14, 1872 (N. Y. Code Grim. Proc, § 500); in substance the same as Grim. Prac. Act, Stats. 1851, p. 263, §480. § 1229. Execution, where to take place and who to be present. A judgment of death must be executed within the walls of one of the state prisons designated by the court by which judgment is rendered. The warden of the state prison where the execution is to take place must be present at the execution and must invite the presence of a physician, the attorney- general of the state, and at least twelve repu- table citizens, to be selected by him; and he shall at the request of the defendant, permit such ministers of the gospel, not exceeding two, as the defendant may name, and any persons, relatives or friends, not to exceed five, to be present at the execution, together with such peace-officers as he may think expedient, to witness the execution. But no other persons than those mentioned in this section can be present at the execution, nor can any person under age be allowed to witness the same. [Amendment approved 1891 ; Stats. 1891, p. 274.] Execution of judgment of death: See ante, §§ 1217, 1228. § 1230 PENAL CODE. 580 Legislation § 1229. 1. KiKidr.l iM-Liuiii y II, 1872 (X. V. Code Criiii. Proc. S§ .'OG. ■'(17); in siil>stai:cc the sjiiik- ms Stats. 185.S, p. 102, § 1. ^Vhon § 1229 was eiiactod in 1872, the first jiart of tin- sention road, "A judgment of death must be executed within the walls or yard of a jail, or some convenient private place in the county. The sheriff of the county must be present at the execution, and must invite the presence of a physician, the district attorney of the county, and at least twelve reputable citizens, to be selected by him," thereafter the section ])rocoodin; unconstitutional. See note, § 5, ante. § 1230. Return upon death-warrant. After the execution, the warden must make a return upon the death-warrant to the court by which the judgment was rendered, showing the time, mode, and manner in which it was executed. [Amend- ment approved 1891 ; Stats. 1891, p. 274.] Legislation § 1230. 1. Enacted Februarv 14, 1872 (N. V. Code Crim. Proc, § 508); based on Stats. 1858, p. 193, § 2, which read- "Sec. 2. After the execution, the sheriff shall make a return upon the death-warrant, setting fortli particularly that said warrant has been executed according to law." \\'hen enacted in 1872, § 1230 read: "1230. After the execution, the sheriff must make a return upon the death-warrant, showiu.ir the time, mode, and manner in which it was executed." 2. Amended by Stats. 1891, p. 274. 581 APPEALS WHEN ALLOWED, HOW TAKEN AND EFEECT. § 1235 TITLE IX. Appeals to the Supreme Court. Chapter I. Appeals, When Allowed and How Taken, and the Effect Thereof. §§ 1235-12-±7e. II. Dismissing an Appeal for Irregularity. §§ 12-18, 1249. III. Argument of the Appeal. §§ 1252-1255. IV. Judgment upon Appeal. §§ 1258-1265. CHAPTER I. Appeals, When Allowed and How Taken, and the Effect Thereof. § 1235. Appeals, by whom taken on questions of law. § 1236. Parties, how designated on appeal. § 1237. In what cases an appeal may be taken by the defendant. § 12.3'8. In what cases by the people. § 1239. Appeal, how taken by defendant. § 1240. Appeal by the people. § 1241. Clerk must enter notice of appeal. § 1242. Effect of an appeal by the people. § 1243. Effect of an appeal by the defendant. § 1244. Same. § 1245. Same. § 1246. Papers to be transmitted to appellate court. Copy to defend- ant and district attorney. § 1247. Settlement of grounds of appeal. § 1217a. Duty of clerk to deliver copies to parties. Proposed correc- tions, § 1247b. When appellant shall transcribe. § 1247c. Further transcription. § 1247d. Time cannot be extended by trial court. § 1247e. Printing in criminal cases. § 1235. Appeals, by whom taken on questions of law. Either party in a prosecution by indictment or information may appeal to the supreme court on questions of law alone, as prescribed in this chapter. [Amendment approved 1905 ; Stats. 1905, p. 700.] Constitutional provision. As to appellate jurisdiction, see Const. 1879, art. vi, § 4. Legislation § 1235. 1. Enacted February 14, 1872; based on Crim. Prae. Act, § 481, as amended by Stats. 1863, p. 161, § 19, and § 482, as amended by Stats. 1858, p. 218, § 2, which read: "Section 481. The party aggrieved in a criminal action, whether that party be the people or the defendant, may appeal as follows: First — To the county court, from a final judgment of a justice's, recorder's, or other inferior municipal court. Second — To the supreme court, from a final judgment of the district court, or county court, in all criminal cases amounting to a felony, on questions of law alone; also, from an order of the district court, or county court, granting or refusing a new trial, or which affects a substantial right in a criminal case amounting to felony, on questions of law alone." § 12:38 pENAi. CODE. 582 "Section IS2. 'i'lio, ;iiiiio;il 1o tlio supremo court can bo taken on questions of law alone. The appeal to the eonnty court can be taken on both questions of law and fact." When enacted in 1872, § 1235 read: "]2.S5. Either party in a criminal action aniountinf; to a felony may appeal to the supreme court, on questions of law alone, as prcstribed in this cliaptcr." 2. AmiMidineiit l)y Stats. 1901, p. l!* I ; uncDnstilutional. See note, § 5, ante. 3. Amended by Stats. 1905, j). 700; the code commissioner sayinj^, "The amendment is designed to make the section conform to art. vi, §4, of the constitution, which provides that the supreme court has jurisdiction 'in all criminal cases prosecuted by indictment or in- formation in a court of record, on questions of law alone,' it having been held (in People v. Jordan, 65 Cal. 644) that it has jurisdiction in all such cases, and that if its jurisdiction by appeal is restricted to cases of felony, it would devolve upon it to establish some appro- priate system of appellate procedure by whicli it could review all other convictions based upon an indictment or information." § 1236. Parties, how designated on appeal. The party appealing is known as the appellant, and the adverse party as the respondent, but the title of the action is not changed in consequence of the appeal. Legislation § 1236. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 516); in substance the same as Crim. Prac. Act, Stats. 1851. p. 265, § 483. § 1237. In what cases an appeal may be taken by the de- fendant. An appeal may be taken by the defendant : 1. From a final judgment of conviction ; 2. From an order denying a motion for a new trial ; 3. From any order made after judgment, affecting the substantial rights of the party. Defendant cannot appeal from order carrying unexecuted death sentence into effect: See ante, § 1227. Legislation § 1237. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 517); based on Crim. Prac. Act, § 481, q. v., ante. Legislation § 1235. § 1238. In what cases by the people. An appeal may be taken by the people : 1. From an order setting aside the indictment or informa- tion; 2. From a judgment for the defendant on a demurrer to the indictment, accusation or information; 3. From an order granting a new trial ; 4. From an order arresting judgment; 5. From an order made after judgment, affecting the substantial rights of the people. [Amendment approved 1905; Stats. 1905, p. 700. J Legislation § 1238. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §518); based on Crim. Prac Act, § 481, q. v., ante, 5S3 APPEALS WHEN ALLOWED, HOW TAKEN AND EFFECT. § 1240 Legislation § 1235. When enacted in 1872, § 123S read: "123S. An appeal may be taken by the people: 1. From a judgment for the defendant on a demurrer to the indictment; 2. From an order grant- ing a new trial; 3. From an order arresting judgment; 4. From any order made after judgment, atfecting the substantial rights of the people." 2. Amended by Code Am2) ; based on Crim. Prae. Act, § 492. as amended by Stats. 1862, p. 5.36, § 1, which read: "§492. Upon the appeal being taken, the clerk with whom the notice of appeal is filed, must, within ten days thereafter, without charge, transmit to the clerk of the supreme court a copy of the notice of appeal, and of the record, and, upon the receipt of the record, it shall be the duty of the clerk of the supreme court to file said record, and perform the same ser- vice as in civil cases, without demanding his fees therefor; said fees, in case of a reversal of the judoment and ultimate acquittal of the defendant, to be a charge against the state, and, in case of an affirmance of the judgment appealed from, to be a charge against the defendant, and collected in the same manner as judgment in civil cases; provided, however, that in case of the i-nsolvency of the defendant, and his inability to pay said costs, then and in that event they shall become a charge against the state." When enacted in 1872, § 1246 read: "1246. Upon the appeal being taken, the clerk with whom the notice of appeal is filed must, within ten days thereafter, without charge, transmit to the clerk of the appellate court a copy of the notice of appeal and of the record, and of all bills of excep- tion, instructions, and indorsements thereon; and upon the receipt thereof the clerk of the appellate court must file the same and per- form the same service as in civil cases, without charge." 2. Amended by Code Amdts. 1880, p. 9, to read: "1246. Upon the appeal being taken, the clerk with whom the notice of appeal is filed must, within ten days thereafter, in case the bill of exceptions has been settled by the judge before the giving of said notice, but if not, then within ten days from the settlement of the bill of ex- ceptions, without charge, transmit to the clerk of the appellate court a copy of the notice of ajipeal, and of the record, and of all bills of exceptions, instructions, and indorsements thereon; and, upon the receipt thereof, the clerk of the appellate court must file tlie same and perform the same services as iu civil cases, without charge." 587 APPEALS WHEN ALLOWED^ HOW TAKEN AND EFFECT. § 1247 3. Amended by Stats. 1889, p. 325, to read: "1246. Upon the ap* peal being taken the clerk of the court with whom the notice of appeal is filed must, within twenty days thereafter, in case the bill of exceptions has been settled by the .judge before the giving of said notice, but if not, then within twenty days from the settlement of the bill of exceptions, without charge, transmit to the clerk of the appellate court, fifteen printed copies (one of which shall be certified to and be the original) of the notice of appeal, the record, and of all bills of exceptions; and upon receipt thereof the clerk of the appellate court must file the original, and dispose of the copies as he is required to do in the case of transcripts on appeal in civil cases, and all his services as provided herein must be without charge. The clerk of the lower court must also within the time above specified serve printed copies of the above-named papers without charge upon the defendant's attorney and upon the attor- ney-general. The printing of the above-named papers is a county charge." 4. Amended by Stats. 1909, p. 1087. § 1247. Settlement of grounds of appeal. Upon an ap- peal being- taken from any judgment or order of tlie su- perior court, to the supreme coui't or to a district court of appeal, in any criminal action or proceeding where such appeal is allowed by law, the defendant, or the district at- torney when the people appeal, must, Avithin five days, file with the clerk and present an application to the trial court, stating in general terms the grounds of the appeal and the points upon which the appellant relies, and designate what portions of the phonographic reporter's notes it will be necessary to have transcribed to fairly present the points relied upon. If such application is not filed Avithin said time, the appeal is wholly ineffectual and shall be deemed dismissed and the judgment or order may be enforced as if no appeal had been taken. The court shall, within tAvo days after the filing of such application make an order directing the phonographic re- porter AA'ho reported the case to transcribe such portion of his notes as in the opinion of the court may be necessary to fairly and fully present the points relied upon by the appellant. If the court fails to make the order Avithin two days after the application is filed, the notes requested in the application shall be transcribed AA'ithout such order. The phonographic reporter shall, Avithin tAventy days after the filing of such application, file Avith the clerk of the court an original transcription and three carbon copies of the portion of the notes so required to be transcribed, ex- cluding therefrom all argument of counsel not objected to at the time it Avas made. The same shall be typewritten as prescribed by the rules of the supreme court. He shall append to the original and to each copy his original affi- davit that it is correct. [Amendment approved 1911 ; Stats. 1911, p. 692.] § 12-i7a PEMAL CODE. 588 • Legislation § 12-17. 1. Added l)y Stats. 1909, p. 1084 uii.l tlu'ii read: "Upon any appeal beiuji' taken from any judgment or order of the superior court to the supreme court, or a district court of ap- peal, in any criminal proceedings, where such appeal is allowed by law, the defendant or the tlistrict attorney when the peojile appeal, may within two days file with tlie cleric and present an application to the trial court, stating in general terms the ground of tlie appeal, and the points upon wiiich the ajjpellaut relies, and designate wiiat portion of the phonographic reporter's notes it will 1)C necessary to have transcribed to fairly present the points relied upon, and ask fhe court to make an ortier for the transcription thereof. The court shall, within one day after the filing of such application, make an order directing the ]ihonographic reporter who reported the case, to transcribe such portion of his notes as in the opinion of the court may be necessary to fairly and fully present the points relied upon by the appellant. Where one of the grounds stated in the applica- tion is the insufficiency of the evidence to sustain tlie conviction, the court shall direct all the eviilence to be transcribed, unle.ss it is stipulated that some portion of the evidence sliall be omitted. If the court fails to make the order within one day after the applica- tion is presented, an order shall be deemed to be given and made for the portion of the notes requested in the application. The phonographic reporter shall, within twenty days after the making of such ai^plication, file with the clerk of the court an original tran- scription of the jiortiou of his notes ordered transcribed, excluding therefrom all argument of counsel not objected to at the time the same was made, typewritten, and three carbon copies thereof. The original and each copy shall be duly certified by him under oath to be correct." 2. Amended by Stats. 1911, p. 692. § 1247a. Duty of clerk to deliver copies to parties. Pro- posed corrections. Upon the transcribed notes being filed by the reporter with the clerk, it shall be the duty of the clerk forthwith to immediately deliver upon demand one of the carbon copies to the defendant or his attorney, the other carbon copy upon demand to the district attorney, and deliver the original, with the date of the several de- liveries of the original and the copies, if delivery has been made, indorsed upon the original, to the court for its ap- proval. Unless objection is made thereto by either the defendant or his attorney or the district attorney, within ten days after the receipt thereof, the judge shall certify thereon that no objection has been made thereto within the time allowed by law; and after so certifying shall imme- diately redeliver the same to the clerk. The defendant or his attorney or the district attorney may file with the clerk a proposed correction of the transcribed proceedings within ten days after the filing of the transcribed proceedings. The court must immediately hear and determine the objec- tion ; if in the opinion of the court the transcription of the proceedings is not correct, the court must correct the same. When so corrected he must certify thereon that all objec- tions made thereto liave been heard and determined, and 589 APPEALS WHEN ALLOWED^ IIOW TAKEN AND EFFECT. § 1247cl the same corrected in accordance with such determination ; and thereupon immediately redeliver the same to the clerk. When the original transcription of the proceedings so cer- tified by the judge has been received by the clerk from the judge, he must immediately transmit the same to the court to which the appeal was taken, and thereupon it shall be- come a part of the record upon appeal and he must imme- diately transmit to the attorney-general a carbon copy thereof with any and all corrections made to the original notes thereon. Legislation § 1247a. Added by Stats. 1909, p. 1085. § 1247b. When appellant shall transcribe. If a tran- scription of the phonographic reporter's notes cannot be obtained, by reason of his illness or death, the appellant shall cause to be prepared and filed, in the place thereof, a transcription of such of the proceedings as was by the court ordered to be transcribed by the phonographic reporter. Such transcription must be filed within the time and in the manner provided for the filing of the phonographic re* porter's transcribed notes. Upon such filing by the appel- lant, the same proceedings shall be had and taken as is provided in section twelve hundred and forty-seven a of this code, upon the filing the phonographic reporter's tran- scribed notes. Legislation § 1217b. Added by Stats. 1909, p. 1085. § 1247c. Further transcription. X^pon suggestion to the appellate court wherein an appeal in a criminal case is pending, that a further transcription of the proceedings is necessary, if in the opinion of the court it is necessary to have a further transcription of the proceedings in the trial court, it may order the same to be transcribed by the phono- graphic reporter within a time fixed in the order ; provided that no further transcription shall be ordered upon the sug- gestion of the appellant unless the application. therefor was included in the original application made to the trial court. There shall thereupon be transcribed the portion so ordered, and copies filed with the cleric of the superior court in the same manner and with like force and effect as though in- cluded in the original order of the court; and like proceed- ings shall be had and taken as provided by law, as in case of the original. Legislation § 1217c. Added by Stats. 1909, p. 1085. § 1247d. Time cannot be extended by trial court. The time within which the phonographic reporter shall transcribe and file his notes or the appellant shall file a transcription § 1252 I'KN'AI- CODK. 590 (>r iIh' i)i'0(*ee(liii.us ;is pioNidcil in section twelve lnmdred anil fort^-seven b ol' this code cannot be extended by the .jiid^o of the court or by the court in which the case was tried. Uj)on al'fida\it showin^t;' i;ood cause thcrei'oi', tlic court in which the appeal is pending jnay extend the time not ex- ceeding sixty days. Legislation § 1217d. Ad(l(Ml by Stals. 1909, p. lOSfi. § 1247e, Printing in criminal cases. No printing of any record on appeal or briefs in a criminal case shall be re- quir(;d or ordered. Legislation § 12i7e. Added by Stats. 1909, p. 108G. CHAPTER II. Dismissing an Appeal for Irregularity. § 1248. For what irregularity, and how dismissed. § 1249. Dismissed for want of a return. § 1248. For what irregularity, and how dismissed. If the appeal is irregular in any substantial particular, but not otherwise, the appellate court may. on any da3^ on motion of the respondent, upon five days' notice, accompanied with copies of the papers upon which the motion is founded, order it to be dismissed. [Amendment approved 1880'; Code Amdts. 1880. p. 10.] Legislation § 1248. 1. Enacted February 14, 1872 (N. Y. Code Grim. Proc, § 533); in substance the same as Grim. Prac. Act, Stats. 1851, p. 266, § 493. 2. Amended by Gode Amdts. 1880, p. 10, omitting "in term"' after "on any day." § 1249. Dismissed for want of a return. The court may also, upon like motion, dismiss the appeal, if the return is not made as provided in section twelve hundred and forty- six, unless for good cause they enlarge the time for that purpose. Legislation § 1249. Enacted February 14, 1872 (N. Y. Gode Grim. Proc, § 534); in substance the same as Grim. Prac. Act, Stats. 1851, p. 266, § 494. CHAPTER III. Argument of the Appeal. § 1252. Appeals, when to be heard and determined. § 1253. Judgment may be affirmed, but cannot be reversed without argument. § 1254. Number of counsel to be heard. § 1255. Defendant need not be present. § 1252. Appeals, when to be heard and determined. All appeals in criminal cases must be heard and determined by 591 ARGUMENT OF APPEAL. JUDGMENT UPON APPEAL. § 1258 the appellate court within sixty days after the record is filed in said appellate court, unless continued on motion or with the consent of the defendant. [Amendment approved 1880 ; Code Amdts. 1880, p. 10.] Legislation § 1252. 1. Enacted February 14, 1872 (in substance the same as Crim. Prac. Act, Stats. 1851, p. 266, § 49.3, and then read: "1252, All appeals in criminal cases must be heard and deter- mined at the first term of the appellate court after the record is filed." 2. Amended by Code Amdts. 1880, p. 10. § 1253. Judgment may be affirmed, but cannot be re- versed without argument. The judgment may be affirmed if the appellant fail to appear, but can be reversed only after argument, though the respondent fail to appear. Legislation § 1253, Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 267, § 496, which read: "§496, Judgment of affirmance may be granted without argument, if the appellant fail to appear. But judgment of reversal can only be given upon argument, though the respondent fail to appear." § 1254. Number of counsel to be heard. Upon the argu- ment of the appeal, if the offense is punishable with death, two counsel must be heard on each side, if they require it. In any other case the court may, in its discretion, restrict the argument to one counsel on each side. Legislation § 1254. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 540) ; in substance the same as Crim. Prac. Act, § 497, as amended by Stats. 1854, Kerr ed. p. 170, Redding ed. p. 81, § 5, § 1255. Defendant need not be present. The defendant need not personally appear in the appellate court. Legislation § 1255. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 541); based on Crim. Prac. Act, § 498, as amended bv Stats. 1863, p. 162, § 20, which read: "§498. The defendant need "not ap- pear in the appellate court, except when a new trial has been granted in the county court, and his personal presence is necessary for the purpose of identification." CHAPTER IV. Judgment upon Appeal. § 1258, Court to give judgment without regard to technical errors. § 1259. Appellate court may review what. § 1260. May reverse, affirm, or modify the judgment, and order new trial. § 1261. New trial, where to be had. § 1262. Defendant, when to be discharged on reversal of judgment. § 1263. Judgment to be executed on affirm anee. § 1264. Judgment upon appeal, how entered and remitted. § 1265. Jurisdiction of appellate court ceases after judgment re- mitted. § 1258. Court to give judgment without regard to techni- cal errors. After hearing the appeal, the court must give }? 12G1 I'KNAL CODE. 592 jiul^ineiil witiioiit i-o^arcl to teeluiical errors or defects, or to exceptions, which do not ail'ect tlie substantial rijj;hts of the parties. Errors not affecting substantial rights: Soc ante,'§ 9G0; post, § 1404. Legislation § 1258. Enacted February It, 1872 (N. Y. Code Crim. Proc, §542); in siilisfaiice the same as Cririi. Prae. Act, Stats. 1851, p. 267, § 499. § 1259. Appellate court may review what. Upon an ap- peal taken by the defendant in open court, the appellate court may, without exception having been taken in the trial court, review any question of law involved in any ruling, order, instruction, or thing whatsoever said or done at the trial or prior to or after judgment, which thing was said or done after objection made in and considered by the lower court, and which affected the substantial rights of the de- fendant. The appellate court may also review any instruc- tion given, refused or modified, even though no objection was made thereto in the lower court, if the substantial rights of the defendant were affected thereby. [Amendment ap- proved 1909 ; Stats. 1909, p. 1088.] Errors not affecting substantial rights, not material: See ante, § 9(30; post, § 1404. Legislation § 1259. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. ISol, p. 265, § 484, which read: "§ 484. Upon the appeal, any decision of the court in an intermediate order or pro- ceeding, forming a part of the record, may be revised." When en- acted in 1872, § 1259 read: "1259. Upon an appeal taken by the de- fendant from a judgment, the court may review any intermediate order or ruling involving the merits, or which may have affected the judgment." 2. Amended by Stats. 1909, p. 1088. § 1260. May reverse, affirm, or modify the judgment, and order new trial. The court may reverse, affirm, or modify the judgment or order appealed from, and may set aside, affirm, or modify any or all of the proceedings subsequent to, or dependent upon, such judgment or order, and may, if proper, order a new trial. Legislation § 1260. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §543); based on Crim. Prac. Act, Stats. 1851, p. 267, § 500, which read: "§ 500. The appellate court may reverse, afSrm, or modify the judgment appealed from, and may, if necessary or proper, order a new trial." § 1261. New trial, where to be had. When a new trial is ordered it must be directed to be had in the court of the county from which the appeal was taken. Legislation § 1261. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §544); in exact language of Crim. Prac. Act, Stats. 1851, p. 267, §501. 593 JUDGMENT UPON APPEAL. § 1265 § 1262. Defendant, when to be discharged on reversal of judgment, li' a judgment against the defendant is reversed without ordering a new trial, the appellate court must, if he is in custody, direct him to be discharged therefrom; or if on bail, that his bail be exonerated; or if money was depos- ited instead of bail, that it be refunded to the defendant. Legislation § 1262. Enacted February U, 1872 (N. Y. Code Grim. Proc, § 545) ; iu substance the same as Grim. Prae. Act, Stats. 1851, p. 267, § 502. § 1263. Judgment to be executed on affirmance. If a judgment against the defendant is affirmed, the original judgment must be enforced. Legislation § 1263. Enacted February 14, 1872 (X. Y. Gode Grim. Proc, § 546) ; based on Grim. Prac. Act, Stats. 1851, p. 267, § 503, which read: "§503. On a judgment of affirmance against the de- fendant, the original judgment shall be carried into execution, as the appellate court may direct.'' § 1264. Judgment upon appeal, how entered and re- mitted. When the judgment of the appellate court is given, it must be entered in the minutes, and a certified copy of the entry, with a copy of the opinion of the court attached thereto, forthwith remitted to the clerk of the court from which the appeal was taken. [Amendment approved 1905; Stats. 1905, p. 701.] Legislation § 1264. 1. Enacted February 14, 1872 (N. Y. Gode Grim. Proc, § 547) ; in substance the same as Grim. Prac. Act, Stats. 1851, p. 267, § 504. AVhen enacted in 1872, § 1264 read: "1264. When the judgment of the appellate court is given, it must be entered in the minutes, and a certified copy of the entry forthwith remitted to the clerk of the court from which the appeal was taken." 2. Amendment by Stats. 1901, p. 493; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 701; the code commissioner saying, "The design of the amendment is to require a copy of the opinion of the supreme court to be certified to and sent to the clerk of the court below with the remittitur." § 1265. Jurisdiction of appellate court ceases after judg- ment remitted. After the certificate of the judgment has been remitted to the court below, the appellate court has no further jurisdiction of the appeal or of the proceedings thereon, and all orders necessary to carry the judgment into effect must be made hy the court to which the certificate is remitted. Legislation § 1265. Enacted February 14, 1872 (N. Y. Gode Grim. Proc, § 549) ; based on Grim. Prac. Act, Stats. 1851, p. 267, § 506, which read: "§ 506. After the certificate of judgment has been re- mitted, as provided iu section five hundred and fourth, the appellate court shall have no further jurisdiction of the appeal, or of the proceedings the."eon, and all orders which may be necessary to carry the judgment into effect shall be made bj- the court to which the certificate is remitted." Pen. Code — 38 § 1268 PENAL COOE. 594 TrrLR X. Miscellaneous Proceedings. Chapter I. Bail. Articles I-VIII. §§ 12G8-1317. ir. Who iiiav be Witnesses in Criminal Actions. §§ 1321- 1321. " III. Compelling the Attendance of Witnesses. §§ 1326-1333. IV. Examination of Witnesses Conditionally. §§ 1335-1346. V. Examination of Witnesses on Commission. §§ 1349-1362. VI. Inquiry into the Insanity of the Defendant Before Trial or After Conviction. §§ 1367-1373. VII. Compromising Certain Public Offenses by Leave of the Court. §§ 1377-1379. VIII. Dismissal of the Action, Before or After Indictment, for Want of Prosecution or Otherwise. §§ 1382-1389. IX. Proceedings Against Corporations. §§ 1390-1397. X. Entitling Affidavits. § 1401. XI. Errors and Mistakes in Pleadings and Other Proceedings. § 1404. XII. Disposal of Property Stolen or Embezzled. §§1407-1413. Xlli. Eeprieves, Commutations, and Pardons. §§ 1417-1423. CHAPTER I. Bail. Article I. In What Cases the Defendant may be Admitted to Bail. §§ 1268-1274. II. Bail upon Being Held to Answer Before Indictment. §§ 1277-1281. III. Bail upon an Indictment Before Conviction. §§ 1284-1289. IV. Bail on Appeal. §§ 1291, 1292. V. Deposit Instead of Bail. §§1295-1297. VI. Surrender of the Defendant. §§ 1300-1302. VII. Forfeiture of the Undertaking of Bail or of the Deposit of Money. §§ 1305-1307. VIII. Eecommitment of the Defendant, After Having Given Bail or Deposited Money Instead of Bail. §§ 1310-131 «. ARTICLE I. In What Cases the Defendant may be Admitted to Bail. § 1268. Admission to bail defined. § 1269. Taking of bail defined. § 1270. Offense not bailable. § 1271. In what cases defendant may be admitted to bail before con- viction. § 1272. Admission to bail upon appeal. § 1273. Nature of bail. § 1274. When bail is matter of discretion, notice of application must be given to district attorney. § 1268. Admission to bail defined. Admission to bail is the order of a competent court or magistrate that the de- fendant be discharged from actual custody upon bail. Bail, where taken: See ante, § 822; post, § 1284. 595 WHEN DEFENDANT MAY BE ADMITTED TO BAIL. § 1272 Legislation § 1268. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § .l.jO) ; in siilistance the same as Crim. Prae. Act, Stats. 1851, p. 267, § 507. §1269. Taking of bail defined. The taking of bail con- sists in the acceptance, by a competent court or magistrate, of the undertaking of sufficient bail for the appearance of the defendant, according to the terms of the undertaking, or that the bail will pay to the people of this state a specified sum. Excessive bail. Excessive bail shall not be required: Const., art. i, § 6; U. S. Const., Amdt. 8. Legislation § 1269. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 551); in substance the same as Crim. Prac. Act, Stats. 1851, p. 268, § 508. § 1270. Offense not bailable. A defendant charged with an offense punishable with death cannot be admitted to bail, when the proof of his guilt is evident or the presumption thereof great. The finding of an indictment does not add to the strength of the proof or the presumptions to be drawn therefrom. Constitutional provision. All persons shall be bailable by suffi- cient sureties, unless for capital offenses when the proof is evident or the presumption great: Const., art. i, § 6. Legislation § 1270. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 552); based on Crim. Prac. Act, § 510, as amended by Stats. 1865-66, p. 418, § 1, which read: "§ 510. No person shall be admitted to bail when he is charged with an offense punishable with death where the proof is evident or the presumption great; but the finding of an indictment by a grand jury shall in no case be taken to create such a presumption as to preclude the court in its discretion admit- ting a defendant to bail." § 1271. In what cases defendant may be admitted to bail before conviction. If the charge is for any other offense, he may be admitted to bail before conviction, as a matter of right. Legislation § 1271. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 553) ; based on Crim. Prae. Act, § 509, as amended by Stats. 1863, p. 151, § 1, which read: "§ 509. A person charged with an offense may be admitted to bail, before conviction, as a matter of right, in all cases except as specified in section five hundred and ten." §1272. Admission to bail upon appeal. Wlien admitted to bail after conviction a)id upon appcat. After conviction of an offense not punishal)le with death, a defendant who has appealed may be admitted to bail : 1. As a matter of right, when the appeal is from a judg- ment imposing a fine only. !5 127.'{ PENAL CODK. 596 '2. As a matter of riulit, when the appeal is IVoiu a jiid;^- iiietit iiiii)()sii)^' iiii{)risoiiiii(;iit in ease's ol' misdeiueaiior. 'A. As a iiuitter of disei-etioii in all other eases. | Aiiieiid- ineiit approved l!)()il; Stats. li)(J9, p. r)!Jl.J Bail after conviction: See post, § 1273. Giving notice to district attorney when bail discretionary: See post, § 1274. Bail on appeal: See post, §§ 1273, 1291, 1292. Legislation § 1272. 1. Eiiafted February 14, 1872 (N. Y. Code Crim. Proc, §555); based on Crim. Vrae. Act, Stats. 1851, p. 268, § 512. When § 1272 was enacted in 1872, it did not contain the present subd. 2, the present snbd. 3 boiiiuttinu- in anil justifying of bail aiul incident thereto." 2. Amended by Code Amdts. 1873-7-i, p. 450. § 1289. Increase or reduction of bail. After a defendant has been admitted to l)ail upon an indictment or information, the court in which the charge is pending may, upon good cause shown, either increase or reduce the amount of bail. If the amount be increased, the court may order the defend- ant to be committed to actual custody, unless he give bail in such increased amount. If application be made by the defendant for a reduction of the amount, notice of the appli- cation must be served upon the district attorney. [Amend- ment approved 1880; Code Amdts. 1880, p. 27.] Legislation § 1289. 1. Added by Code Amdts. 1873-74, p. 450, the first sentence then reading, "After a defendant has been admitted to bail upon an indictment, the court in which the indictment is pending may, upon good cause shown, either increase or reduce the amount of bail," the remainder of the section reading as at present. 2. Amended by Code Amdts. 1880, p. 27. ARTICLE IV. Bail on Appeal. § 1291. Who may admit to bail. § 1292. Qualifications of bail and how put in, and condition of under- taking. § 1291. Who may admit to hail. In the cases in which defendant may be admitted to bail upon an appeal, the order admitting him to bail may be made by any magistrate hav- ing the power to issue a writ of habeas corpus, or by the magistrate before whom the trial was had. [Amendment approved 1878 ; Code Amdts. 1877-78, p. 122.] What magistrates have power to admit to bail: See ante, § 1277. Legislation § 1291. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 583); in substance the same as Crim. Prae. Act, Stats. 1851, p. 270, §^25. 2. Amended by Code Amdts. 1877-78, p. 122, adding "or by the magistrate before whom the trial was had," at end of section. § 1292. Qualifications of bail and how put in, and condi- tion of undertaking. The bail must possess the qualifica- tions, and must be put in, in all respects, as provided in article two of this chapter, except that the undertaking must be conditioned as prescribed in section twelve hundred and seventy-three, for undertakings of bail on appeal. Legislation § 1292. Enacted February 14, 1872 (K Y. Code Crim. Proc, §585^; based on Crim. Prae. Act, Stats. 1851, p. 270, § 527, which read: "§ 527. The bail must possess the qualifications and must bo put in all respects as above provided, except that the con- § 1800 PENAL CODE. 602 (lilioii ul' t!u> lofuunizaiico kIkiII lie tu the ofTect that tlio (iL'feiidaiit will ill all respects abide tiie orders and judgmeut of the appellato court ii])oii the appeal." ARTICLE V. Deposit Instead of Bail. § 1295. Deposit, when and how made. § 1296. May, after bail is given and before forfeiture. § 1297. Deposit to be applied to payment of judgment and fine. § 1295. Deposit, when and how made. The doferulant, at any time after an order adniittin«;- him to bail, instead of giving bail may deposit with the clerk of the court in which he is held to answer, the snm mentioned in the order, and upon deliverinu' to the officer in whose custody he is a certificate of the deposit, he must be discharged from cus- tody. Return of deposit on surrender before forfeiture: Post, § 1302. Legislation § 1295. Enacted February 14, 1872 (N. Y. Code Crim. Proe., § 58C); in substance the same as Crim. Prac. Act, Stats. 1851, p. 270, § 528. § 1296. May, after bail is given and before forfeiture. If the defendant has given bail, he may, at any time before the forfeiture of the undertaking, in like manner deposit the sum mentioned in the recognizance, and upon the deposit being made the bail is exonerated. Legislation § 1296. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 587); in substance the same as Crim. Prac. Act, Stats. 1851, p. 270, § 529. § 1297. Deposit to be applied to payment of judgment and fine. When money has been deposited, if it remains on deposit at the time of a judgment for the payment of a fine, the county clerk must, under the direction of the court, apply the money in satisfaction thereof, and after satisfy- ing the fine and costs, must refujid the surplus, if any, to the defendant. Legislation § 1297. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 589); in substance the same as Crim. Prac. Act, Stats. 1851. p. 271, § 530. ARTICLE VI. Surrender of the Defendant. § 1300. Surrender, by whom; when, and how made. § 1301. By whom, etc., the defendant may be arrested for the pur- pose of a surrender. § 1302. On a surrender, before forfeiture, money deposited to be re- funded, etc. §1300. Surrender, by whom; when, and how made. At any time before the forfeiture of their undertaking the bail 603 SURRENDER OF THE DEPENDANT. § 1302 may surrender tlie defeiulant in their exoneration, or he may surrender himself, to the officer to whose custody he was conmiitted at tli(> time of tiivin*,'' bail, in the fol]oAvin. 272, § 538, the only change being (1) to omit "as provided in section five hundred and thirty-fifth"; (2) "as provided in section five hundred and thirtv-sixth"; and (3) to substitute "must" for "shall." 2. Amendment by Stats. 1901, p. 195; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 702, substituting "at the end of thirty days, unless the court has before that time discharged the forfeiture," for "immediately after the final adjournment of the court," before "pay over the monej' deposited." ARTICLE VIII. Recommitment of the Defendant, After having Given Bail or Deposited Money Instead of Bail. § 1310. Recommitment of defendant, in what cases. § 1311. Contents of order. § 1S12. Defendant may be arrested in any county. § 1313. If for failure to appear for judgment, defendant must be committed. § 1311. If for other cause, he may be admitted to bail. § 1315. Bail in such case, by whom taken. § 1316. Form of the undertaking. § 1317. Bail must possess what qualifications, and how put in. § 1310. Recommitment of defendant, in what cases. The court to which the committing magistrate returns the depo- sitions, or in which an indictment, information, or appeal is pending, or to which a judgment on appeal is remitted to be carried into effect, may, by an order entered upon its min- utes, direct the arrest of the defendant and his commitment to the officer to whose custody he was committed at the time of giving bail, and his detention until legally discharged, in the following cases : 1. When, by reason of his failure to appear, he has in- curred a forfeiture of his bail, or of money deposited instead thereof. § 1313 PENAL CODE. G06 2. When it sMtisfjii-toi-ily npix'iii's lo the coiirt thai liis bail. Of either of them, are dead or iiisiiniciciit, or liave re- moved from the state. 3. Upon an indictment beinu,' found or inL'ormalion filed in the eases provided in seetion nine hnndred and eifrlity- five. [Amendment approved 18S0; Code Amdts. 1880, p. 27.] Legislation § 1310. 1. KiKidcd February 14, 1872 (X. Y. Code Criiii. I'roe., § ;)99); in substance tlie same as Criiu. Prac. Act, Stats. 18nl, p. 272, §539. 2. .Amended by Code Amdts. 1880, p. 27, (I) Tn the introductory paragraph, addiu-Sf "information" after "an indictment," and (2) in subd. ;^, adding "or information filed" after "found." §1311. Contents of order. Tbc order for the reeonnnit- ment of the defendant must recite generally the facts upon which it is founded, and direct that the defendant be arrested by any sheriiT, constable, marshal, or policeman in this state, and committed to the officer in whose custody he was at the time he was admitted to bail, to be detained until leiially discharged. Legislation § 1311. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 600) ; based on Crim. Prac. Act, Stats. 1851, p. 272, § 540, wliieh read: "§ 540. Tlie order for the recommitment of tlie defend- ant shall recite generally the facts upon which it is founded, and shall direct that the defendant be arrested by any sheriff, con- stable, marshal, or policeman, within this state, and committed to the custody of the sheriff of the county where the depositions and statement were returned, or the indictment was found, or the con- viction was had, as the case may be, to be detained until legally discharged." § 1312. Defendant may be arrested in any county. The defendant may be arrested pursuant to the order, upon a certified copy thereof, in any county, in the same manner as upon a warrant of arrest, except that when arrested in another county the order need not be indorsed by a magis- trate of that county. Legislation § 1312. Enacted February 14, 1872 (N. Y. Code Crim. Proc. §601); in exact language of Crim. Prac. Act, Stats. 1851, p. 272, §541. § 1313. If for failure to appear for judgment, defendant must be committed. If the order recites, as the ground upon which it is made, the failure of the defendant to appear for judgment upon conviction, the defendant must be committed according to the requirement of the order. Legislation § 1313. Enacted February 14, 1872 (N. Y. Code Crim. Proc. § 602); in substance the same as Crim. Prac Act, Stats. 1851, p. 272, § 542. 607 RECOMMITMENT OF DEFENDANT AFTER GIVING BAIL. § 1317 § 1314. If for other cause, he may be admitted to bail. If the oi'der be made for any other cause, and the offense is bailaijle, the court may fix the amount of bail, and may cause a direction to be inserted in the order that the de- fendant be admitted to bail in the sum fixed, which must be specified in the order. Legislation § 1314. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § (i03); in substance the same as Crim. Prac. Act, Stats. 1851, p. 272, § 543. § 1315. Bail in such case, by whom taken. When the de- fendant is admitted to bail, the bail may be taken by any mao-istrate in the county, having' authority in a similar case to admit to bail, upon the holding of the defendant to answer before an indictment, or by any other magistrate designated b}^ the court. Legislation § 1315. Enacted February 14, 1872 (N. Y. Code Crim. Proc § 604) ; in substance the same as Crim. Prac. Act, Stats. 1851, p. 273, § 544. § 1316. Form of the undertaking. When bail is taken upon the reconnnitment of the defendant, the undertaking must be in substantially the following form : An order having been made on the day of . A. D. eighteen , by the court (naminu' it), that A. B. be ad- mitted to bail in the sum of dollars, in an action pend- ing in that court against him in behalf of the people of the state of California, upon an (information, presentment, indictment, or appeal, as the case may be), we, C. D. and E. F.. of (stating their places of residence and occupation), hereby undertake that the above-named A. B. will appear in that or any other court in which his appearance may be lawfully required upon that (information, presentment, in- dictment, or appeal, as the case may be), and will at all times render himself amenable to its orders and process, and appear for judgment and surrender himself in execution thereof ; or if he fails to perform either of these conditions, that we will pay to the people of the state of California the sum of dollars (insert the sum in which the defendant is admitted to bail). Forms of undertaking of bail: See ante, §§ 1278, 1287. Legislation § 1316. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 605); in substance the same as Crim. Prac. Act, Stats. 1851, p. 273, § 545, but which did not have the words "and occupation" after "residence." § 1317. Bail must possess what qualifications, and how put in. The bail must possess the qualifications, and must § 1322 I'KNAL CODE. 608 be put ill, in all respects, in tlie iiianiiei' pi-esei'ihed in article two of this ehaptoi'. Qualifications of bail: See ante, § 1279. Legislation § 1317. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § IH)U) ; in siil)stanco the same as Crim. Prae. Act, Stats. 1851, p. 273, § .54 fi. CPIAPTER II. Who may be Witnesses in Criminal Actions. § 1321. Who are competent witnesses. § 1322. llusl);ind and wife as coini)etent witness. § 1323. When the defendant is not a competent witness. § 1324. Witness not to be prosecuted upon testimony of himself. Person not exempt if testimony is voluntary. 1321. Who are competent witnesses. Tlie rules for de- termining the competency of witnesses in civil actions are applicable also to crimijial actions and proceedings, except as otherwise provided in this code. Competency of witness: See Code Civ. Proc, §§ 1879 et seq. Examination of witnesses: Code Civ. Proc, § 2044. Impeachment of witness: Code Civ. Proc, § 2051. Attendance of witnesses: See post, §§ 1326 et seq. Defendant as witness: See ante, § 688; post, § 1323. Examination of witnesses conditionally: See post, § 133,5. Examination of witnesses on commission: See post, §§ 1349-1382, Interpreter, when sworn: Code Civ. Proc, § 1884. Judge or juror as witness: Code Civ. Proc, § 1883. Rules of examjnation of witnesses: Code Civ. Proc, §§ 2042-2054. Witness, defined: Code Civ. Proc, § 1878. Witness, duties and rights of: Code Civ. Proc, §§ 2042-2054. Legislation § 1321. Enacted February 14, 1872. § 1322. Husband and wife as competent witness. Neither husband nor wife is a competent witness for or against the other in a criminal action or proceeding to wdiieh one or both are parties, except with the consent of both, or in case of criminal actions or proceedings for a crime committed by one against the person or property of the other, or in eases of criminal violence upon one by the other, or in cases of criminal actions or proceedings for bigamy, or adultery. or in cases of criminal actions or proceedings brought under the provisions of sections 370 and 270a of this code. [Amendment approved 1911; Stats. 1911, p. 270.] Husband or wife as witness: See Code Civ. Proc, § 1881, subd. 1. Legislation § 1322. 1. Enacted February 14, 1872; based on Stats. 1865-66, p. 46, § 1, wdiich read: "Section 1. In all criminal actions where the husband is the party accused, the wife shall be a com- petent witness, and when the wife is the party accused, the husband shall be a competent witness; but neither husband nor wife shall be compelled or allowed to testify in such cases unless by consent 609 WHO MAY Bli WITNESSES. § 1323 of both of them; provided, that in all eases of personal violence upon either by the other, the injured party (husband or wife) shall be allowed to testify against the other." When enacted in 1S72, § 1322 read: "1322. Except with the consent of both, or in cases of criminal violence upon one by the other, neither husband nor wife are competent witnesses for or against each other in a crim- inal action or proceeding to which one or both are parties." 2. Amended by Code Anidts. 1873-74, p. 451, changing "neither husband nor wife are competent witnesses for or against each other" to "neither husband nor wife is a competent witness for or against the other." 3. Amended by Stats. 1905, p. 140, to read: "Neither husband nor wife is a competent witness for or against the other in a criminal action or proceeding to which one or both are parties, except with the consent of both, or in cases of criminal violence upon one by the other, or in cases of criminal actions or proceedings brought under the provisions of section two hundred and seventy of this code, or in cases of criminal actions or proceedings for bigamy. 4. Amended by Stats. 1907, p. 290. The change consisted in add- ing the words "and two hundred and seventy a" after "two hun- dred and seventy" and the words "or adultery" at the end of the section. 5. Amended by Stats. 1911, p. 270. § 1323. When the defendant is not a competent witness. A defendant in a criminal action or proceeding cannot ])e compelled to be a witness against himself; bnt if he offers himself as a witness, he may be cross-examined by the coun- sel for the people as to all matters about which he was exam- ined in chief. His neglect or refusal to be a witness cannot in any manner prejudice him nor be used against him on the trial or proceeding. [Amendment approved 1874; Code Amdts. 1873-74. p. 451.] Defendant cannot be compelled, to Ue witness against himself: See ante, § 688. Legislation § 1323. 1. Enacted February 14, 1872; based on (1) Stats. 1865-66, p. 865, §§ 1, 2, which read: "Section 1. In the trial of all indictments, complaints, and other proceedings against persons charged with the commission of crimes or offenses, the per- son so charged shall, at his own request, but not otherwise, be deemed a competent witness; the credit to be given to his testi- mony being left solely to the jury, under the instructions of the court. Sec. 2. Nothing herein contained shall be construed as compelling any such person to testify." Also based on (2) Crimes and Punishment Act, as amended and supplemented by Stats. 1867-68, p. 49, § 1, which read: "Section 1. In a criminal action a felon shall be a competent witness for or against a felon for an offense committed when both are under judgment of imprisonment in the state prison." W^hen enacted in 1872, § 1323 read: "1323. A defendant in a criminal action or proceeding to which he is a party, is not, without his consent, a competent witness for or against him- self. His neglect or refusal to give such consent shall not in any manner ]nejudice him nor be used against him on the trial or pro- ceeding." 2. Amended by Code Amdts. 1873-74, p. 451. Fen. Code— 39 § 1324 PENAL CODE. GIO § 1324. Witness not to be prosecuted upon testimony of himself. Person not exempt if testimony is voluntary. A person luTearter oirciuliiiii' a.uainst any of the provisions of this code, or a.2:ainst any law of this state, is a oonipetent witness against any other person so oflFendinoenas, subscribed l)y him, for witnesses within the state, eitlier on belialf of tlie jieojile or of the defendant. § .549. The district attorney may issue subpoenas, subscribed by him, for witnesses within the state, in support of the prosecution, or for such otlier witnesses as the grand jury, upon any investiga- tion i)ending before them, may direct. § 550. The district attorney may in like manner issue subpoenas subscribed by liim, for wit- nesses within the state, in support of an indictment to appear be- fore the court at whicli it is to be tried. § 551. The cleric of the court at which an indictment is to be tried shall at all times upon the application of the defendant, and witliout charge, issue as many blanlc subpoenas, subscribed by him as clerk, for witnesses within the state, as may l)e required hy the defendant.-" 2. Amended bv Code Amdts. 1880, p. 27 (1) in subd. 1, ciiMiiging "an information" to "a complaint"; (2) in subds. .'] and 4, astitutiiiy "a judge of a su|icri()r court" for a '■((Uiuty jud^c" § 1331. Disobedience to subpoena, etc. Disobedience to a subpoena, or. a i-el'iisal to be sworn or to testify as a wit- ness, may be punished by the court or magistrate as a con- tempt. A Avitness disobeying a subpoena issued on the part of the defendant, unless he show good cause for his non- attendance, is liable to the defendant in the sum of one hundred dollars, which may be recovered in a civil action. Contempts: Code Civ. Proc, §§ 1209-1222. Legislation § 1331. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 619) ; in substance the same as Crim. Prac. Act, Stats. LS.^l, p. 274, §§ 5.59, 561. § 1332. Failure to appear, undertaking- forfeited. When a witness has entered into an undertaking to appear, upon his failure to do so the undertaking is forfeited in the same manner as undertakings of bail. Legislation § 1332. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 274, § 560, which read: "§560. Where a witness has entered into a recoonizanee to appear, as provided in section one hundred and seventieth, upon his failure to do so his recognizance shall [be] forfeited in the same manner as recogni- zances of bail." § 1333. Manner of producing- prisoner as witness. If prison is out of county in which application is made. When the testimony of a material witness is required in a criminal action, before a court of record of this state, or in an ex- amination before a grand jury or magistrate for an otfense triable in the superior court and such witness is a prisoner in a state prison or in a county jail, an order for his tem- porary removal from such prison or jail, and for his pro- duction before such court, grand jury or magistrate, may be made by the superior court of the county in which such action or examination is pending or by a judge thereof; but in case the prison or jail is out of the county in which the application is made, such order shall be made only upon the affidavit of the district attorney or prosecutor, or of the defendant or his counsel, stating that the testi- mony is material and necessary ; and even then the granting of the order shall be in the discretion of said superior court or a judge thereof. The order shall be executed by the ()15 COMPELLING ATTENDANCE OF WITNESSES. § 1333 sheriff of the county in Avhich it shall be made, whose duty it shall be to bring the prisoner before the proper court, grand jury or magistrate, to safely keep him, and when he is no longer required as a witness, to return him to the prison or jail Avhence he was taken ; the expense of execut- ing such order shall be a proper charge against, and shall be paid by, the county in which the order shall be made. [Amendment approved 1915; Stats. 1915, p. 731.] Deposition of prisoner, when and how taken: See post, § 1346. Prisoner as witness, proceedings on bringing in: See post, § 1567. Legislation § 1333. 1. Added by Code Amdts. 1877-78, p. 123, and then read: "When the testimony of a material witness for the people is required in a criminal action, before a court of record of this state, and such witness is a prisoner in the state prison, or in a county jail, an order for his temporary removal from such prison or jail, and for his production before such court, may be made by the court in which the action is pending, or by the judge thereof; but in case the prison or jail is out of the county in which the applicatiop is made, such order shall only be made upon the affidavit of the district attorney, or other person, on behalf of the people, showing that the testimony is material and necessary; and even then the granting of the order shall be in the discretion of the court or judge. The order shall be executed by the sheriff of the county in which it shall be made, whose duty it shall be to bring the pris- oner before the proper court, to safely keep him, and when he is no longer required as a witness, to return him to the prison or jail whence he was taken; the expense of executing such order shall be paid by the county in which the order shall be made." 2. Amended by Stats. 1913, p. 23S, to read: "When the testimony of a material witness for the people is required in a criminal action, before a court of record of this state, or in an examination before a grand jury or magistrate for an offense triable in the superior court and such witness is a prisoner in a state prison or in a county jail, an order for his temporary removal from such prison or jail, and for his production before such court, grand jury or magistrate, may be made by the superior court of the county in which such action or examination is pending or by a judge thereof; but in case the prison or jail is out of the county in which the application is made, such order shall be made only upon the affidavit of the district attorney or other person, on behalf of the people, stating that the testimony is material and necessary; and even then the granting of the order shall be in the discretion of said superior court or a judge thereof. The order shall be executed by the sheriff of the county in wliich it shall be made, whose duty it shall be to bring the prisoner before the proper court, grand jury or magistrate, to safely keep him, and when he is no longer required as a witness, to return him to the prison or jail whence he was taken; the expense of executing such order shall be a proper charge against, and shall be paid by, the county in which the order shall be made." 3. Amended by "Stats. 1915, p. 731. .^ ]:VM) PENAL CODE. GIG ClIAl'TKIi IV. Examination of Witnesses Conditionally. § 1335. Exaniiuatioii of witnesses conditionally. S 133G. In what cases an order may be applied for. § 1337. Application, how made. § 1338. • Application, to whom made. § 1339. Order, what to contain. § 1340. Defendant has right to be present at examination. § 1341. Examination not to proceed, when. § 1342. Attendance of witness, how enforced. § 1343. Testimony, how taken and authenticated. § 1344. Deposition to be transmitted to clerk. § 1345. When may be read in evidence. Subject to ob.jections, etc. ^ 1346. Deposition of witnesses who are prisoners in other counties. § 1335. Examination of witnesses conditionally. AVlien a defendant h;is been lu'ld to Jiiiswei' a cliarL;e for a public offense, he, in all cases, and the people in cases other than of homicide, may, cither before or after an indictment or information, have witnesses examined conditionally in his or their behalf, as prescril ed in this chapter. [Amendment approved 1905; Stats. 1905, p. 702.] Legislation § 1335. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § C20) ; in substance the same as Crim. Prae. Act. Stats. 1851, p. 274, § 5(32. When enacted in 1872, § 1335 road: "1335. When a defendant has been held to answer a charge for a public offense, he may, either before or' after an indictment, have witnesses exam- ined conditionally, on his behalf, as prescribed in this chapter, and not otherwise." 2. Amended by Code Amdts. 1880, p. 27, inserting "or informa- tion" after "indictment." 3. Amendment by Stats. 1901, p. 496; unconstitutional. See note, § 5, ante. 4. Amended by Stats. 1905, p. 702; the code commissioner saying in his note to §§ 1335-1341, "By the amendment to the above sec- tions, the provisions of the statute respecting the conditional ex- amination of witnesses have been extended so far as may be con- stitutionally .done, to the end that the prosecution, except in cases of homicide, may have the same privilege as the accused of taking conditionally the testimony of witnesses who are about to leave the state, or w^ho are so sick and infirm as to afford reasonable grounds for apprehending that they will be unable to attend the trial. The proposed change is within the contemplation of that part of § 13 of article I of the constitution, which jirovides that 'the legislature shall have power to provide for the taking, in the pres- ence of the party accused and his counsel, of depositions of wit- nesses in criminal cases, other than cases of homicide, when there is reason to believe that the witness, from inability or other cause, will not attend the trial.' " § 1336. In what cases an order may be ' applied for. When a material witness for the defendant, or for the peo- ple, is a'oont to leave the state, or is so sick or infirm as to 617 EXAMINATION OF WITNESSES CONDITIONALLY. § 1338 afford reasonable grounds for apprehension that he will be unable to attend the trial, the defendant or the people may apply for an order that the witness be examined con- ditionally. [Amendment approved 1905; Stats. 1905, p. 702.] Legislation § 1336. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §621); reading the same as Crim. Prae. Act, Stats. 1851, p. 275, § 563, but omitting the words "on a commission" from end of section. When enacted in 1872, § 1336 read: "1336. When a material witness for the defendant is about to leave the state, or is so sick or infirm as to afford reasonable grounds for apprehending that he will be unable to attend the trial, the defendant may apply for an order that the witness be examined conditionally." 2. Amendment by Stats. 1901, p. 496; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 702. See ante, Legislation § 1335, for code commissioner's note. § 1337. Application, how made. The application must be made upon affidavit stating : 1. The nature of the offense charged ; 2. The state of the proceedings in the action ; 3. The name and residence of the witness, and that his testimony is material to the defense or the prosecution of the action ; 4. That the witness is about to leave the state, or is so sick or infirm as to afford reasonable grounds for appre- hending that he will not be able to attend the trial [Amendment approved 1905; Stats. 1905, p. 703.] Legislation § 1337. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §622); based on Crim. Prac. Act, Stats. 1851, p. 275, § 566, which, in subd. 3, did not have the words "and residence" after "The name." 2. Amendment by Stats. 1901, p. 496; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 703, in subd. 3, adding "or the prosecution" after "material to the defense." See ante, Legisla- tion § 1335, for code commissioner's note. § 1338. Application, to w^hom made. The application may be made to the court or a judge thereof, and must be made upon three days' notice to the opposite party. [Amendment approved 1905; Stats. 1905, p. 703.] Legislation § 1338. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 623); in substance the same as Crim. Prac. Act, Stats. 1851, p. 275, § 567. When enacted in 1S72, § 1338 read: "1338. The application may be made to the court during the term thereof, or to the .iudge in vacation, and must be upon three days notice to the district attorney." 2. Amended by Code Amdts. 1880, p. 5, to read: "1338. Tlie ap- plication may be made to the court, or to a judge thereof, and must be upon three days' notice to the district attorney." § 1341 PEXAL CODE. (>18 3. Aiiu'iuliiit lit by Stilts. 1901, p. I'Jli; uiicoiistitutioiial. Sec note, § o, ante. 4. Amended by IStats. 1905, ji. 703. See ante, Legislation § 1335, for code coniinissionor's note. § 1339. Order, what to contain. II" the court or jiul^'e is satisfiocl that the exaniinatiou of the witness is neces.sary, an order must be made that tlie witness he examined con- ditionally, at a specified time and place, and before a magis- trate designated therein. [Amendment approved 1905; Stats. 1905, p. 703.] Legislation § 1339. 1. Enacted February 14, 1872 (N. Y. Code C'rim. Proc, § t52."j) ; based on Crim. Prae. Act, Stats. 1851, p. 275, §§ 5(iS, 569, which read: "§ 56S. If the court or judge to whom the apidication is made be satisfied of the truth of the facts stated, and that the examination of the witness is necessary to the attainment of justice, an order shall be made that a commission be issued to take his testimony. § 569. If the application for a commission be granted, the court or judge may insert in the order therefor a direc- tion that the trial of the indictment be stayed for a specified time, reasonably suflScient for the execution and return of the commis- sion." 2. Amendment by Stats. 1901, p. 496; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 703, at end of section, substituting "and before a magistrate desigiiatecl therein" for "and that a copy of the order be served on the district attorney, within a speci- fied time before that fixed for the examination." See ante, Legisla- tion § 1335, for code commissioner's note. § 1340. Defendant has right to be present at examination. The defendant has tlie riuht to be present in person and with counsel at such examination, and if the defendant is in custody, the ofificer in whose custody lie is, must be informed of the time and place of such examination, and must take the defendant thereto, and keep him in the presence and hearing of the witness during' the examination. [Amend- ment approved 1905; Stats. 1905, p. 703.] Legislation § 1340. 1. Enacted February 14, 1872, and then read: "1340. The order must direct that the examination be taken before a magistrate named therein, and on proof being furnished to such magistrate of service upon the district attorney of a copy of the order, if no counsel appear on the part of the people, the examina- tion must proceed." 2. Amendment by Stats. 1901, p. 496; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 703. See ante, Legislation § 1335, for code commissioner's note. § 1341. Examination not to proceed, when. If. at the time and place so designated, it is shown to the satisfaction of the magistrate that the witness is not about to leave the state, or is not sick or infirra, or that the application was 619 EXAMINATION OF WITNESSES CONDITIONALLY. § 13-i5 made to avoid the examination of the witness on the trial. the examination cannot take place. [Amendment approved 1905; Stats. 1905, p. 703.] Legislation § 1341. 1. Enacted February 14, 1872 (N. Y. Code Criiu. Proc, § 628), and then read: "1341. If the district attorney or other counsel apjiear on behalf of the people, and it is shown to the satisfaction of the magistrate, by affidavit or other proof, or on the examination of the witness, that he is not about to leave the state, or is not sick or infirm, or that the application was made to avoid the examination of the witness on the trial, the examination cannot take place; otherwise it must proceed." 2. Amendment by Stats. 1901, p. 496; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 703. See ante, Legislation § 1335, for code commissioner's note. § 1342. Attendance of witness, how^ enforced. The at- tendance of the Avitness may be enforced by a subpoena, issued by the magistrate before whom the examination is to be taken. Legislation § 1342. Enacted February 14. 1872. (N. Y. Code Crim. Proc, § 634.) § 1343. Testimony, how taken and authenticated. The testimony given by the witness must be reduced to writing, and authenticated in the same manner as the testimony of a witness taken in support of an information. Legislation § 1343. Enacted February 14, 1872. (N. Y. Code Crim. Proc, § 629.) § 1344. Deposition to be transmitted to clerk. The depo- sition taken must, by the magistrate, be sealed up and trans- mitted to the clerk of the court in which the action is pend- ing or ma^ come for trial. Legislation § 1344. Enacted February 14, 1872. § 1345. When may be read in evidence. Subject to ob jections, etc. The deposition, or a certified copy thereof, may be read in evidence 1 y either party on the trial, upon its appearing that the witness is unable to attend, by reason of his death, insanity, sickness, or infirmity, or of his con- tinued absence from the state. Upon reading the deposition in evidence, the same objections may be taken to a question or answer contained therein as if the witness has been exam- ined orally in court. Legislation § 1345. Enacted Februarv 14, 1872 (N. Y. Code Crim. Proc, §631); based on Crim. Prac. Act, Stats. 1851, p. 277, § 582, which read: "§582. The depositions taken under the commission may be read in evidence by either party on the trial, upon it being shown that the witness is unable to attend from any cause what- ever, and the .same objections may be taken to aty question in the § 1349 PENAL CODE. 620 iiif I'li'ugatoiii'S, or tu uiiv ansvvcr in flic ilfiKiwit ion, as if liu; witness luul been examiiu'd orailv in (•(nirt." § 1346. Deposition of witnesses who are prisoners in other counties. When a malci-ial witness for a defendant, under a ei-iminal cliai-.ue, is a prisoner in the state prison, or in tlie county jail of a county other Hum that in which the defendant is to be tried, his deposition may be taken, on behalf of the defendant, in the manner provided for in tlie case of a witness who is sick, and the provisions of the Penal Code, commencing with section thirteen hundred and thirty-five and ending with section thirteen hundred and forty-five, shall, so far as applicable, govern in the applica- tion for and in the taking and use of such deposition. Such deposition may be taken before any magistrate or notary public of the county in which the jail or prison is situated; or in case the witness is confined in the state prison, and the defendant is unable to pay for taking the deposition, before the warden or clerk of the board of directors of the state prison, whose duty it shall be to act without compensation. Every officer, before whom testimony shall be taken by vir- tue hereof, shall have authority to. administer, and shall administer an oath to the witness that his testimony shall be the truth, the whole truth, and nothing but the truth. [Amendment approved 1880; Code Amdts. 1880, p. 28.] Legislation § 1346. 1. Added by Code Amdts. 1877-78, p. 123. 2. Amended by Code Amdts. 1880, p. 28, (1) in first sentence, changing "under indictment" to "under a criminal charge"; (2) in second sentence, omitting "deputy warden" after "warden." CHAPTER V, Examination of Witnesses on Commission. § 1349. Witness residing out of the state, when to be examined. § 1350. When defendant may apply for an order to examine, etc. § 1351. Commission defined. § 1352. Application made on affidavit. § 1353. Application to whom made. § 1354. Order of commission, when granted and stay of proceedings. § 1355. Interrogations, how settled and allowed. § 1356. Direction as to the return of the commission. § 1357. Execution of commission to take testimony. § 1358. Commission how returned when delivered to an agent for that purpose. § 1359. Same. § 1360. When and how filed. § 1361. Commission and return to be open for inspection. Copies, etc. § 1362. Depositions to be read in evidence. Objections thereto. § 1349. Witness residing out of the state, when to be ex- amined. When an issue of fact is joined upon an indict- 621 EXAMINATION OF WITNESSES ON COMMISSION. § 1353 meiit or information, the defendant may have any material Avitness, residing out of the state, examined in his behalf, as prescribed in this chapter, and not otherwise. [Amend- ment approved 1880; Code Amdts. 1880, p. 28.] Legislation § 1349. 1. Euadod February 14, 1872. (N. Y. Code Crim. Proc, § (J36). 2. Amended by Code Amdts. 1880, ji. 28, inserting "or informa- tion" after "indictment." § 1350. When defendant may apply for an order to ex- amine, etc. When a material witness for the defendant re- sides out of the state, the defendant may apply for an order that the witness be examined on a commission. Legislation § 1350. Enacted February 14, 1872. (X. Y. Code Crim. Proc, § 637.) § 1351. Commission defined. A connnission is a process issued under the seal of the court and the signature of the clerk, directed to some person designated as commissioner, authorizing him to examine the witness upon oath on inter- rogatories annexed thereto, to take and certify the deposi- tion of the witness, and to return it according to the direc- tions given with the commission. Legislation § 1351. Enacted February 14, 1872 (N. Y. Code Crim. Proc., §638); in substance the same as Crim. Prae. Act, Stats. 1851, p. 275, § 564. § 1352. Application made on affidavit. The application must be made upon affidavit, stating : 1. The nature of the offense charged; 2. The state of the proceedings in the action, and that an issue of fact has been joined therein; 3. The name of the witness, and that his testimony is ma- terial to the defense of the action ; 4. That the witness resides out of the state. Legislation § 1352. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § (539) ; based on Crim. Prac. Act, Stats. 1S51, p. 273, § 566, which read: "§566. The application must be made upon affidavit, showing: First, the nature of the offense charged. Second, the state of the proceedings in the action. Third, the name of the witness, and that his testimony is material to the defense of the action. Fourth, that the witness is about to leave the state or is so sick or infirm as to afford reasonable grounds for apprehending that lie will not be able to attend the trial." § 1353. Application to whom made. The application may be made to the court, or a judge tliereof, and must be upon three days' notice to the district attorney. [Amend- ment approved 1880; Code Amdts. 1880, p. 6.] Legislation § 1353. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 642); in the exact language of Crim. Prac Act, Stats. 1851, p. 275, § 567. When enacted in 1872, § 1353 read: "1353. The § l;}oG I'ENAL CODE. 622 ii|)i)lii!itii)ii rn;i_v ln' iiiinlc to tlic court diiriu}; tlio term, or to the judye ill viicatinii, jiikI iinist Ix- uiioii ttiri't' diiys' notice to the dis- trict attorney." 2. Amended hy Code .Anidts. 1880, ].. D. § 1354. Order of commission, when granted and stay of proceedings. If the court to whom the application is made is satisfied of the ti'uth of the facts stated, and that the examination of the witness is necessary to the attainment of justice, an order must be made that a commission be issued to take his testimony ; and the court may insert in the order a direction that the trial be stayed for a specified time, reasonably sufficient for the execution and return of the commission. [Amendment approved 1880; Code Amdts. 1880, p. 28.] Legislation § 1354. 1. Enacted February 14, 1872 (X. Y. Code Grim. Proc, §§ 643, 644); in substance the same as Criin. Prae. Act, Stats. 1851, p. 275, §§ 568, 569. 2. Amended by Code Amdts. 1880, p. 28, (1) omitting "or judge" after "If the court" and after "and the court"; (2) changing "that the trial of the indictment be stayed" to "that the trial be stayed." § 1355. Interrogations, how settled and allowed. When the commission is ordered, the defendant must serve upon the district attorney, without delay, a copy of the interroga- tories to be annexed thereto, Avith two clays' notice of the time at which they will be presented to the court or judge. The district attorney may in like manner serve upon the defendant or his counsel cross-interrogatories, to be an- nexed to the commission, with the like notice. In the interrogatories either party may insert any questions perti- nent to the issue. When the interrogatories and cross- interrogatories are presented to the court or judge, accord- ing to the notice given, the court or judge must modify the questions so as to conform them to the rules of evidence, and must indorse upon them his allowance and annex them to the commission. Legislation § 1355. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §§645-648); in substance the same as Crim. Prac. Act, Stats. 1S51, p. 275, §§ 570-573. §1356. Direction as to the return of the commission. Unless the parties otherwise consent, by an indorsement upon the commission, the court or judge must indorse thereon a direction as to the manner in which it must be returned, and may, in his discretion, direct that it be re- turned by mail or otherwise, addressed to the clerk of the court in which the action is pending, designating his name and the place where his office is kept. 623 EXAMINATION OP WITNESSES ON COMMISSION. § 135^ Legislation §1356. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 649); in substance the same as Crim. Prac. Act, Stats. 1851, p. 276, § 574. § 1357. Execution of commission to take testimony. The coinmissionei-, unless otherwise speeially directed, may ex- ecute the commission as follows: First. He must publicly administer an oath to the wit- ness that his answers given to the interrooratories shall be the truth, the whole truth, and nothino- but the truth. Second. He must cause the examination of the witness to be reduced to Avriting and subscribed by him. Third. He must write the answers of the witness as near as possible in the language in which he gives them, and read to him each answer as it is taken down, and correct or add to it until it conforms to what he declares is the truth. Fourth. If the witness decline answering a question, that fact, with the reason assigned by him for declining, must be stated. Fifth. If any papers or documents are produced before him and proved by the Avitness, they, or copies of them, must be annexed to the deposition subscribed by the Avitness and certified by the commissioner. Sixth. The commissioner must subscribe his name to each sheet of the deposition, and annex the deposition, with the papers and documents proved by the witness, or copies thereof, to the commission, and must close it up under seal, and address it as directed by the indorsement thereon. Seventh. If there be a direction on the commission to re- turn it by mail, the commissioner must immediately deposit it in the nearest post-office. If any other direction be made by the written consent of the parties, or by the court or judge, on the commission, as to its return, the commissioner must comply with the direction. A copy of this section must be annexed to the commission. [Amendment approved 1874; Code Amdts. 1873-74, p. 451.] Legislation § 1357. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §§ 650, 651); in substance the same as Crim. Prac. Act, Stats. 1S51. p. 276, §§ 575, 576. 2. Amended by Code Amdts. 1873-74, p. 451, (1) in subd. 1, adding "and subscribed by him" at end of subdivision; (2) in subd. 4, changing "declines" to "decline"; (3) in subd. 5, adding "or copies of them" before "must be annexed"; (4) in subd. 6, adding "or copies thereof" before "to the commission"; (5) in subd. 7, changing (a) "is" to "be" after "If there" and after "other direction," and (b) "he" to "the commissioner." § 1358. Commission how returned when delivered to an agent for that purpose. If the commission and return be § 13G1 PKNAI. CODE. G24 (l('li\ ci'cd l/V the coiimiissioiici' to ;iii ;i'_;i'iit. lie iiiiisl . L'9, changing the lirst sen- tence to read, "Jf tlio jury find the defendant sane, tlie trial must proceed, or judgment be iironounced, as the case may be." 4. Amendment by Stats. 1901, p. 49o; unconstitutional. Sec note, § 5, ante. 5. Amended by Stat;.. 1905, j.. 70 1. § 1371. If defendant is committed, it exonerates his bail, etc. Tlie coinmitmeiit of the defendant, as mentioned in the last section, exonerates his bail, or entitles a person, author- ized to receive the property of the defendant, to a return of any money he may have deposited instead of bail. Exoneration of bail on commitment of defendant: See ante, § 11G6. Legislation § 1371. Enacted February 14, 1872 (N. Y. Code Grim. Proc, § t5l)0); in substance the same as Crim. Prae. Act, Stats. 1851, p. 278, § 590. § 1372. Defendant detained in hospital until he becomes sane. If the defendant is received into the state hospital he must be detained there until he becomes sane. When he becomes sane, the superintendent must certify that fact to the sheriff and district attorney of the county. The sheriff must thereupon, without delay, bring the defendant from the state hospital, and place him in proper custody until he is brought to trial or judgment, as the case may be, or is legally discharged. [Amendment approved 1905; Stats. 190^5, p. 704.] Proceedings where person sent to hospital becomes sane: See ante, § 1201. Legislation § 1372. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 661) ; based on Crim. Prac. Act, Stats. 1851, p. 278, §591, which read: "§591. If the defendant be received by the per- son so appointed, he must be detained by him until he becomes sane. When he becomes sane such person shall give notice to the sheriff and district attornej^ of the county of that fact. The sheriff shall thereupon, without delay, take the defendant from the custody of such person and place him in proper custody until he be brought to trial or judgment as the case may be, or be otherwise legally dis- charged." 2. Amendment by Stats. 1901, p. 497; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 704, (1) in first sentence, changing "asylum" to "state hospital"; (2) in second sentence, changing "give notice of" to "certify"; (3) in final sentence, changing "asylum" to "state hospital." § 1373. Expenses of sending, etc., defendant to hospital, a charge against county. Tlie expenses of sending the de- 629 COMPROxMlSlNG OFFENSES BY LEAVE OF COURT. § 1378 fendant to the state hospital, of keeping him there, and of bringing him back, are in the first instance chargeable to the county in which the indictment was found, or information filed; but the county may recover them from the estate of the defendant, if he has any, or from a relative, town, city, or county bound to provide for and maintain him. [Amend- ment approved 191)5; Stats. 1905, p. 704.] Legislation § 1373. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §U62); based on Crini. Prac. Act, Stats. 1851, p. 278, § 592, which read: "§ 592. The expenses of placing the defendant in the custodj' of such proper person, of keeping him and bringing him back, shall in the first instance be chargeable to the county in which the indictment was found; but the county may recover them from the estate of the defendant, if he have any, or from any relative, town, city, or county, bound to provide for and maintain him else- where." When enacted in 1872, § 1373 differed from the amendment of 19U5, (1) having "asylum" instead of "state hospital"; (2) not having "or information tiled" after "was found"; (3) having "else- where" at end of section. 2. Amended by Code Amdts. 1880, p. 29, differing from the amend- ment of 1905, having (1) "asylum" instead of "state hospital," and (2) "elsewhere," after "maintain him," at end of section. 3, Amendment by Stats. 1901, p. 497; unconstitutional. See note, § 5, ante. i. Amended by Stats. 1905, p. 7U4. CHAPTER Vll. Comproraisuig Certain Public Offenses by Leave of the Court. § 1377. Certain offenses for which the party injured has a civil action may be compromised. § 1378. Compromise to be by permission of the court. Order thereon to bar another prosecution. § 1379. No public offense to be compromised except as herein pro- vided. § 1377. Certain offenses for which the party injured has a civil action may be compromised. When a defendant is held to answ^er on a charge of misdemeanor, for which the person injured by the act constituting the offense has a rem- edy by a civil action, the offense may be compromised as provided in the next section, except when it is committed : 1. By or upon an officer of justice, while in the execution of the duties of his office ; 2. Riotously ; 3. With an intent to commit a felony. Legislation § 1377. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § (i(J3); in substance the same as Crim. Prac. Act, Stats. 1851, p. 288, § (57 5. § 1378, Compromise to be by permission of the court. Order thereon to bar another prosecution. If the party iii- § 1382 PENAL CODE. 630 jured appears hel'orc the court to wliicli tlie (l('i)()sitioMS are re(piiri'(l to be roturned, at any lime berore trial, and ac- knowledges that he has received satisfaction for the injury, the court ma}'-, in its discretion, on payment of tlie costs incurred, order all proceedinjis to be stayed upon the prose- cution, and the defendant to be discharged therefrom; but in such case the reasons for the order must be set forth therein, and entered on the minutes. The order is a bar to anothei- i>i'oseeution foi- the same otl'ense. Restoration of property embezzled, ground for mitigation of pun- ishment: Ante, §513. Legislation § 1378. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §§ ()64, G(i5) ; in substance tlie same as Crim. l^rac. Act, Stats. 18."51, p. 2SS, §§ 67G, G77. § 1379. No public offense to be compromised except as herein provided. No public otTense can be compromised, nor can any proceeding or prosecution for the punishment thereof upon a compromise be stayed, except as provided in this chapter. Legislation § 1S79. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 6(36); in substance the same as Crim. Prac. Act, Stats. 1851, p. 288, § 678. CHAPTER VIII. Dismissal of the Action, Before or After Indictment, for Want of Prosecution or Otherwise. § 1382. When action may be dismissed. § 1383. Court may order action to be continued and discharge defend- ant from custody, when and how. § 1384. If action dismissed, defendant to be discharged, etc. § 1385. Court may, of own motion or on application of district attor- ney, order action dismissed. § 1386. Nolle prosequi abolished. § 1387. Dismissal of actions, order for a bar in misdemeanor but not in felony. § 1388. Judgment suspended in the ease of a minor, when. Period of suspension. § 1389. Prohibiting visits of minors in employ of corporations or persons to houses of questionable repute. [Eepealed.] § 1382. When action may be dismissed. The court, unless good cause to the contrary is shown, must order the prosecution to be dismissed in the following cases : 1. When a person has been held to answer for a public offense, if an indictment is not found or an information filed against him, within thirty days thereafter. 2. If a defendant, whose trial has not been postponed upon his application, is not brought to trial within sixty days aftei' the findinu' of the indictment, or filing of the in- 631 DISMISSAL OF THE ACTION. § 1384: formation. [Ainciidment approved 1880 ; Code Amdts. 1880, p. 29.] Dismissal before indictment: See ante, § 941. Time to file information: See ante, § S09. Speedy trial, right of defendant to: See ante, § 686. Legislation § 1382. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 667) ; based on Crim. Prae. Act, Stats. 1851, p. 278, §§ 593, 594, wliich read: "§ 593. When a person has been held to an- swer for a public offense, if an indictment be not found against him at the next term of the court at which he is held to answer, the court shall order the prosecution to be dismissed, unless good cause to the contrary be shown. § 594. If a defendant, indicted for a public offense, whose trial has not been postponed upon his applica- tion, be not brought to trial at the next term of the court at which the indictment is triable, after the same is found, the court shall order the indictment to be dismissed, unless good cause to the con- trary be shown." When enacted in 1872, § 1382 read: "1382. The court, unless good cause to the contrary is shown, must order the prosecution or indictment to be dismissed, in the following cases: 1. When a person has been held to answer for a public otfense, if an indictment is not found against him at the next term of the court at which he is held to answer; 2. If a defendant, whose trial has not been postponed upon his application, is not brought to trial at the next term of the court in which the indictment is triable, after it is found." 2. Amended by Code Amdts. 1880, p. 29. § 1383. Court may order action to be continued and dis- charge defendant from custody, when and how. If tlie de- fendant is not charged or tried, as provided in the last section, and sufficient reason therefor is shown, the court may order the action to be continued from time to time, and in the meantime may discharge the defendant from cus- tody on his own undertaking of bail for his appearance to answer the charge at the time to which the action is con- tinued. [Amendment approved 1880 ; Code Amdts. 1880, p. 29.] Legislation § 1383. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 669); in substance the same as Crim. Prac. Act, Stats. 1851, p. 279, § 595. 2. Amended by Code Amdts. 1880, p. 29, changing (1) "indicted or tried" to "charged or tried," and (2) "term to term" to "time to time." § 1384. If action dismissed, defendant to be discharged, etc. If the court directs tlie action to be dismissed, the de- fendant must, if in custody, be discharged therefrom ; or if admitted to bail, his bail is exonerated, or money deposited instead of I ail must be refunded to him. Legislation § 1384. Enacted February 14, 1872 (X. Y. Code Crim. Proc, § 670^ ; in substance the s^.me as Crim. Prac. Act, Stats. 1851, p. 279, § 596. § 1388 I'KNAL CODE. 632 § 1385. Court may, of own motion or on application of district attorney, order action dismissed. Tlic court may, cither of its own motion or upon the n|j|)licatioii of the dis- trict attorney, and in furtherance of justice, order an action or indictment to be dismissed. The reasons of the dismissal must be set forth in an order entered upon the minutes. Legislation § 1385. Enacted February 14, 1872 (N. Y. Code Crim. I*ro<\, § (>71); ill substance the same as Criin. Prac. Act, Stats. l8ol, p. 279, S r>U7. § 1386. Nolle prosequi abolished. Tlie entry of a nolle prosequi is abolished, and neither the attorney-general nor the district attorney can discontinue or abandon a prosecu- tion for a public offense, except as provided in the last sec- tion. Legislation § 1386. Enacted February II, 1872 (N. Y. Code Crim. Proc, §672); based on Crim. Prac. Act, Stats. 18.31, p. 279, § 598, which read: "§ 598. Neither the attorney-general or the district at- torney shall hereafter discontinue or abandon a prosecution for a public offense, except as provided in the last section." § 1387. Dismissal of actions, order for a bar in misde- meanor but not in felony. An order for the dismissal of the action, as provided in this chapter, is a l^ar to any other prosecution for the same offense, if it is a misdemeanor, unless such order is explicitly made for the purpose of amending- the complaint in such action, in which instance such order for dismissal of the action shall not act as a bar to a prosecution upon such amended complaint ; but an order for the dismissal of the action is not a bar if the offense is a felony. [Amendment approved 1905; Stats. 1905, p. 724.] Legislation § 1387. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § (57.3); in .substance the same as Crim. Prac. Act, Stats. 1851, p. 279, § 599. When enacted in 1872, § 1387 read: "1387. An order for the dismissal of the action, as provided in this chapter, is a bar to any other prosecution for the same offense, if it is a misde- meanor; but it is not a bar if the offense is a felony." 2. Amended by Stats. 1905, p. 724; the code commissioner saying, "Inserts in the section relating to an order for dismissal being a bar in cases of misdemeanor, a provision that where the order ex- plicitly is made for the purpose of allowing an amended complaint to be filed, the order for dismissal shall not constitute a bar. This revision corrects a manifest abuse." "§1388. Judgment suspended in the case of a minor, when. Period of suspension. Final .indumeut may be suspended on any conviction, charge, or prosecution of a minor, for mis- demeanor or felony, where in the judgment of the court in which such proceeding is pending there is reasonable ground to believe that such minor may be reformed, and that a com mitment to prison would woi-lc manifest injury in the i)rein 633 SUSPENSION OF JUDGMENT IN CASE OF MINOR. § 1388 ises. Such suspension may be for as lon<;- a period as the circumstances of the case may seem to Avarrant, and subject to the following further provisions: During the period of such suspension, or of au}^ extension thereof, the court or judge may, under sucli limitations as may seem advisable, commit such minor to the custody of the officers or managers of any strictly non-sectarian charitable corporation con- ducted for the purpose of reclaiming criminal minors. Such corporation, by its officers or managers, may accept the cus- tody of such minor for a period of two mouths (to be further extended by the court or judge should it be deemed advis- able), and should said minor be found incorrigible and incapable of reformation, he may be returned before the court for final judgment for his offense. Such charitable corporation must accept the custody of said minor as afore- said, upon the distinct agreement that it and its officers will use all reasonable means to effect the reformation of such minor, and provide him with a home and instruction. No application for guardianship of such minor by any person, parent, or friend can be entertained by any court during the period of such suspension and custody, save upon recommendation of the court before which the criminal pro- ceedings are pending. Such court may further, in its discretion, direct the payment of the expenses of the main- tenance of such minor during such period of two months, not to exceed, in the aggregate, the sum of twenty-five dol- lars, which sum includes board, clothing, transportation, and all other expenses, to lie paid by the county where such criminal proceeding is pending, or direct action to be insti- tuted for the recovery thereof out of the estate of such minor, or from his parents. Such court may also revoke such order of suspension at any time. [Amendment ap- proved 1905; Stats. 1905, p. 704.] Probationary treatment: See ante, §§ 1203, 1215. Legislation § 1388. 1. Added by Stats. 1883, p. 377. 2. Amendment by Stats. 1801, p. 497; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 704, in first sentence, (a) adding "of a minor" after "or prosecution," and (b) omitting "a" before "reasonable ground"; (2) in sentence beginning "Such corporation," changing "misdemeanor" to "offense," at end of sentence; (3) in sentence beginning "Such charitable," changing (a) "shall accept custody" to "must accept the custody," and (b) "officers shall use" to "officers will use"; (4) in sentence beginning "No application," (a) changing "or friend shall" to "or friend can," and (b) omitting "first obtained" from end of sentence; (5) in sentence beginning "Such court may," changing (a) "the sum of $25 (twenty-five dol- lars), which sum shall include," to "the sum of twenty-five dollars, which sum includes," and (b) "said minor" to "such minor." § 1;}91 PENAL CODE. 634 § 1389. Prohibiting visits of minors in employ of corpo- rations or persons to houses of questionable repute. [Re- pi'iilca 1!)(),"): Stats, l!,)!).'), ]>. Tiil.J Legislation § 1389. 1. Addod by Stats. 1887, p. IID. 2. Kojieal by .Stats. 1901, p. 49S; iiiiconstitutioiial. Sco note, § 5,, an to. 3. Repealed by Stats. 1905, p. 7<)1; the code commissioner .saying, "The matter in § 1.TS9, Avhicli has incorrectly stood in a chapter en- titled 'Dismissal of the Action,' is pnt into a new section designated as 273e, and is put in its proper chapter, with the other sections relative to children, and § l.'^89 accordingly repealed." CHAPTER TX. Proceedings Against Corporations. § 1390. Summons upon information, etc., against; by whom issued and when returnable. § 1.^91. Form of summons. § 1392. When and how served. § 1393. Examination of the charge. § 1394. Certificate of the magistrate, and return thereof with the depositions. § 1395. Grand jury to investigate if magistrate certifies there is suf- ficient cause. § 1396. Appearance and plea. § 1397. Fine on conviction, how collected. §1390. Summons upon information, etc., against; by whom issued and when returnable. Upon an infoi-mation or presentment against a corporation, the magistrate must issue a summons, signed by him, with his name of office, re- quiring the corporation to appear before him. at a specified time and place, to an.swer the charse. the time to be not less than ten days after the issuing of the summons. Legislation § 1390. 1. Enacted February 14, 1872. (N. Y. Code Crim. Proc, § 675.) 2. Amendment by Stats. 1901, p. 49S; unconstitutional. See note, § 5, ante. § 1391. Form of summons. The summons must be sub- stantially in the folloAving form : County of (as the case may be). The People of the State of California to the (namiiig the cor- poration) : You are hereby summoned to appear before me at (nam- ing tbe place), on (specifying the day and hour), to answer a charge made against you upon the information of A. B. (or the presentment of the grand .jurv of the comity, as the case may be), for (designating the offense generally). G35 PROCEEDINGS AGAINST COUPORATIONS. § 1396 Dated at the city (or township) of , this day of , eighteen [nineteen] G. H., Justice of the Peace (or as the case may be.) Summons, issuance and form of: See post, § 1-127. Legislation §1391. 1. Eiiaote.l February 14, 1872. (N. Y. Code Crim. Proc, § 676.) 2. Amendment by Stats. 1901, p. 498; unconstitutional. See note, § 0, ante. § 1392. When and how served. The summons must be served at least five days before the day of appearance fixed therein, by delivering a copy thereof and showing the origi- nal to the president or other head of the corporation, or to the secretary, cashier, or managing agent thereof. Time and manner of service of summons: See post, § 1427. Legislation § 1392. Enaeted February M, 1872. (N. Y. Code Crim. Proc, § 677.) § 1393. Examination of the charge. .Vt the appointed time in the summons, the magistrate must proceed to inves- tigate the charge in the same manner as in the case of a natural person, so far as these proceedings are applicable. Legislation § 1393. Enacted February 14, 1872. (N. Y. Code Crim. Proc, § 67S.) § 1394. Certificate of the magistrate, and return thereof with the depositions. After hearing the proofs, the magis- trate must certify upon the depositions, either that there is or is not sufficient cause to believe the corporation guilty of the offense charged, and must return the deposition and certificate, as prescribed in section eight hundred and eighty-three. Legislation § 1394. Enacted February 11, 1872. (N. Y. Code Crim. Proc, § 679.) § 1395. Grand jury to investigate if magistrate certifies there is sufficient cause. If the magistrate returns a cer- tificate that there is sufficient cause to believe the corpora- tion guilty of the offense charged, the grand jury may proceed, or the district attorney file an information thereon, as in case of a natural person held to answer. [Amend- ment approved 1880; Code Amdts. 1880, p. 29.] Legislation § 1395. 1. Enacted February 14, 1872. (N. Y. Code Crim. Proc, § 6S0.) 2. Amended by Code Amdts. 1880, p. 29, inserting "or the district attorney file an information," after "the grand jury may proceed." § 1396. Appearance and plea. If an indictment is found, or information filed, the corporation may appear by coun- sel to answer the same. If it does not thus appear, a plea § 1404 PENAL CODE. 63G ol' not uuilt y must lie entered, antl the same proccediniijs had tlieroon as in ollu-r cases. | Amendment a|)|»i'()ve(l IS.SO; Code Anidts. 1880, p. 29.] Plea by corporation: Soo anic, § lolS. rroceedings if corporation does not appear: See post, § 1427. Legislation § 1396. 1. Kimctcd iM'l.iiiiiry II, 1872. (N. Y. Code C.'rim. I'rof., § (JSl.) 2. Amended by C'od(! 'Anidts. 1880, p. 20, iiis(MtinL; "or iiiforniatioii filed" after "If an indictnioiit is found." § 1397. Fine on conviction, how collected. When a fine is imposed npon a corporation on conviction, it may be col- lected by virtue of the order imposing it, by the sheriff of the county, out of its real and personal property, in the same nuinner as upon an execution in a civil action. Legislation § 1397. Enacted February 14, 1S72. (N. Y. Code Grim. Proc, § 682.) CHAPTER X. Entitling Aiiidavits. § 1401. Affidavits defectively entitled, valid. § 1401. Affidavits defectively entitled, valid. It is not necessary to entitle an affidavit or dei>osition in the action, whether taken before or after indictment or information, or upon an appeal ; but if made without a title, or with an erroneous title, it is as valid and effectual for every pur- pose as if it were duly entitled, if it intelligibly refer to the proceeding, indictment, information, or appeal in which it is made. [Amendment approved 1880; Code Amdts. 1880, p. 30.] Erroneous title or want of title, effect of: See post, §§ 1460, 1563. Legislation § 1401. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 683); in substance the same as Crim. Prac. Act, Stats. 1851, p. 279, § 600. 2. Amended by Code Amdts. 1880, p. 30, (1) inserting "or infor- mation" after "indictment" in first instance, and (2) "information" after "indictment" in second instance. CHAPTER XI. Errors and Mistakes in Pleadings and Other Proceedings. § 1404. When not material. § 1404. When not material. Neither a departure from the form or mode prescribed by this code in respect to any pleading or proceeding, nor an error or mistake therein, renders it invalid, unless it has actually prejudiced the de- G37 DISPOSAL OF PKOl'ERTY STOLEN OR EMBEZZLED. § 1409 fendant. or tended to his prejudice, in respect to a substan- tial right. Errors not affecting substantial rights: See ante, §§ 960, 1258. Legislation § 1404. 1. Enacted February 14, 1872 (N. Y. Code Crim. Pioe., § 684) ; in substance the same as Grim. Prac. Act, Stats. 1851, p. 279, § 601. CPIAPTER XII. Disposal of Property Stolen or Emhezzled. § 1407. When it comes into the custody of the peace-officer, he must hold it subject to the order of magistrate. § 1408. Order for its delivery to owner. § 1409. When it comes into the custody of the magistrate, he must deliver it to owner. § 1410. Court in which trial is had may order its delivery. § 1411. If not claimed in six months to be delivered to county treas- urer. § 1412. Eeceipt by officers for monej', etc., taken from a person ar- rested for a public offense. § 1413. Duties of persons having charge of police-offices in incorpo- rated cities or towns. § 1407. When it comes into the custody of the peace- officer, he must hold it subject to the order of magistrate. When property, alleged to have been stolen or endjezzled, comes into the custody of a peace-officer^ he must hold it subject to the order of the magistrate authorized hy the next section to direct the disposal thereof. Legislation 1? 1407. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 6S5) ; in substance the same as Crim. Prac. Act, Stats. 1851. p. 279, § 602. § 1408. Order for its delivery to owner. On satisfactory proof of the ownership of the property the magistrate be- fore whom the information is laid, or who examines the charge against tlie person accused of stealing or embezzling it, must order it to be delivered to the owner, on his paying the necessary expenses incurred in its preservation, to be certified by the masistrate. The order entitles the owner to demand and receive the property. Stolen or embezzled property, how disposed of: See post, § 1536. Legislation § 1408. Enacted February 14, 1872 (N. Y. Code Crim. Proc. § 686"); in substance the same as Crim. Prac. Act, Stats. 1851, p. 279, § 603. § 1409. When it comes into the custody of the magis- trate, he must deliver it to owner. If property stolen or embezzled comes into custody of the magistrate, it must be delivered to the owner on satisfactory proof of his title, and on his paying the necessary expenses incurred in its preser- vation, to be certified by the magistrate. § 1412 PENAL CODE. 638 Legislation § 1409. Enacted February 14, 1872 (N. Y. Code Crim. Proc. § ()S7) ; in sulistiiiuc tlic saiiic :i.s Crim. Pr:ii'. Act, Stats. IS.jl, p. 286, § GOl. § 1410. Court in which trial is had may order its deliv- ery, li" tlie proi)ei'ty stolen or cnibez/.lcd has not been de- livered to the owner, the court before Avhieh a trial is had for stealing' or einl)ezzlinrieve." 2. Amended by Code Amdts, 1880, p. 2. § 1419. Governor to communicate to legislature reprieves, commutations, and pardons. He must, at the beginning of every session, communicate to the legislature each case of reprieve, commutation, or pardon, stating the name of the convict, the crime of which he w^as convicted, the sentence and its date, and the date of the commutation, pardon, or reprieve, and the reasons for granting the same. [Amend- ment approved 1S80; Code Amdts. 1880, p. 3.] Legislation § 1419. 1. Enacted February 14, 1872. (N. Y. Code Crim. Proc. § 694.) 2. Amended by Code Amdts. 1880, p. 3. inserting (1) "at the be- ginning of every session" after "He must," aud (2) "and the reasons for granting the wame" at end of section. § 1420. Retjort of case, how^ and from v^^hom required. When an application is made to the governor for a pardon, he may require the judge of the court before Avhich the conviction Avas had, or the district attorney by whom the action was prosecuted, to furnish him, without delay, with a statement of the facts proved on the trial, and of any other facts having reference to the propriety of granting or refus- ing the pardon. Legislation § 1420. Enacted February 14, 1872. (N. Y. Code Crim. Proc, § 695.) § 1421, Notice to district attorney of application for pardon. At least ten days before the governor acts upon an application for a pardon, written notice of the intention to apply therefor, signed by the person applying, must be served upon the district attorney of the county Avhere the 641 KEPRIEVES, COMMUTATIONS, AND PARDONS. § 1423 conviction was had, and proof, by affidavit, of the service must be presented to the governor. Legislation § 1421. Enacted February 14, 1872. § 1422. Publication of notice. Unless dispensed with by the governor, a copy of the notice must also be published for thirty days from the first publication, in a paper in the county in Avhich the conviction was had. Legislation § 1422. Enacted February 14, 1872. § 1423. When two preceding- sections are not applicable. The provisions of the two preceding sections are not ap- plicable : 1. "When there is imminent danger of the death of the per- son convicted or imprisoned ; 2. When the term of imprisonment of the applicant is within ten days of its expiration. Legislation § 1423. Enacted February 14, 1872. Pen. Code — 41 PENAL CODE. 642 TITLE XL Proceedings in Justices' and Police Courts and Appeals to Superior Courts. Chapter I. rroecediiigs in Justices' and Police Courts. §§ 1425-1161. ir. Appeals to Superior Courts. §§ 1466-1470. CHAPTER I. Proceedings in Justices' and Police Courts. § 1425. Jurisdiction of justices' courts. § 1426. Proceedings must be commenced by complaint. § 1426a. Complaint for misdemeanor. § 1427. When warrant of arrest must issue. Form of warrant. In case of offense by corporation. § 1428. Minutes, how kept. § 1429. The plea, and how put in. § 1430. Issue, how tried. § 1431. Change of venue, when granted. § 1432. Upon change of venue, papers, etc., must be transmitted. Proceedings on change of venue. § 1433. Postponement of the trial. § 1434. Defendant to be present. § 1435. Jurv trial, how waived. § 1436. Challenges. § 1437. Oath of jurors. § 1438. Trial, how conducted. § 1439. Court to decide questions of law, but not to charge in respect to matters of fact. § 1440. Jury may decide in court or retire. Oath of officer on their retirement. § 1441. Verdict of jury, how delivered and entered. § 1442. Verdict, when several defendants are tried together. § 1443. Jury, when to be discharged without a verdict. § 1444. If discharged, defendant may be tried again. § 1445. Eendering judgment. § 1446. Judgment, fine, and imprisonment. § 1447. Defendant, on acquittal, to be discharged. Order that prose- cutor pay costs. § 1448. Judgment against prosecutor for costs. § 1449. Judgment, w^hen to be rendered. § 1450. When defendant may move for a new trial or in arrest of judgment. § 1451. New trial, grounds of. § 1452. Grounds of motion in arrest of judgment. § 1453. Judgment to be entered in the minutes. § 1454. If judgment of acquittal or imposing a fine only, defendant to be discharged. § 1455. Judgment of imprisonment, how executed. § 1456. Judgment that defendant be imprisoned until he pay a fine. how executed. § 1457. Defendant discharged uj^on payment of fine. Disposition of fines. § 1458, Defendant may be admitted to bail. 643 PROCEEDINGS IN JUSTICES' AND POLICE COURTS. § 1427 § 1459. Subpoenas. § 1460. Entitling affidavits. § 1461. "Police courts" defined. §1425. Jurisdiction of justices' courts. The justices' courts have jurisdiction of the following public offenses com- mitted within the respectiA'e counties in which such courts are established : 1. Petit larceny ; 2. Assault or battery not charged to have been committed upon a public officer in the discharge of his duties, or to have been committed with such intent as to render the offense a felony ; 3. Breaches of the peace, riots, routs, affrays, committing a willful injury to property, and all misdemeanors punish- able by fine not exceeding five hundred dollars, or imprison- ment not exceeding six months, or by both such fine and im- prisonment. Legislation § 1425. 1. xVcidition by Stats. 1901, p. 49S; uncon- stitutional. See note, § 5, ante. 2. Added by Stats. 1905, ]>. 705; the code commissioner saying, "This is a new section containing the matter now in § 115 of the Code of Civil Procedure." § 1426. Proceedings must be commenced by complaint. All proceedings and actions before a justice's or police court, for a public offense of which such courts have jurisdiction, must be commenced by complaint under oath, setting forth the offense charged, with such particulars of time, place, person, and property as to enable the defendant to under- stand distinctly the character of the offense complained of, and to answer the complaint. Police courts, orgaJiization, etc.: See Pol. Code, §§ 4424 et seq. Justices' courts, organization, etc.: See Code Civ. Proc, §§85 et seq. Police judge, provisions relating to: See Pol. Code, §§ 4424-4432. Jurisdiction of police court over various offenses: See Pol. Code, §§ 4426, 4427. Legislation § 1426. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 280, § 608, which (1) had "justice's, re- corder's, or mayor's court" instead of "justice's or, police court," but (2) did not have the words "under oath" after "by complaint." § 1426a. Complaint for misdemeanor. A complaint for any misdemeanor triable in a justices' or police court must be filed within one A^ear after its counnission. Legislation § 1426a. Added by Stats. 1909, p. 979. § 1427. When warrant of arrest must issue. Form of warrant. In case of offense by corporation. If the justice of the peace, or police judge, is satisfied therefrom that the § 142S I'ENAL CODE. G44 offense complaiiiod (tl" Ims Ix'cii coiiiiniltcid, he must issue a warrant oi" arrest, whicli must Ix' substantially in the I'ollow- iuj? form : "County of . "The People of the State .»r Califoi-nia to any Sheriff, Constable, Marshal, or Policeiuaii in this State: "Complaint upon oath having been this day made before me, (justice of the peace or police judge, as the case may be), by C. D., that the offense of (designating it gen- erally) has been committed, and accusing E. l-'\ thereof; you are therefore commanded forthwith to arrest the above- named E. V. and bring him before me forthwith, at (naming the place). "Witness my hand and seal at ■ , this day of , A. D. . " "A. B." If it appears that the offense complained of has been com- mitted by a corporation, no warrant of arrest need issue, but the justice of the peace or police judge must issue a summons substantially in the foi'iu prescribed in section thirteen hundred and ninety-one. Such summons must be served at the time and in the manner designated in section thirteen hundred and ninety-two. At the time named in the summons the corporation may appear by counsel and answer the complaint. If it does not appear, a plea of not guilty must be entered, and the same proceedings had therein as in other cases. [Amendment approved 1905 ; Stats. 1905, p. 706.] Arrest by peace-officer: Ante, § 836. Arrest by private person: Ante, § 837. Arrest by oral order of magistrate: Ante, § 838. Duty of officer or person making arrest: Ante, §§ 847, 84?i. Warrant of arrest, form of: Ante, § 814. Warrant of arrest, issuance of: See ante, § 813. Proceedings if corporation does not appear: See ante, § 1396. Legislation § 1427. 1. Enactod February 14, 1872 (X. Y. Code Crim. Proc, §§ 150. 151); in substance the same as Crim. Prac. Act, Stats. 1851, p. 280, § 610. 2. Amendment by Stats. 1801, p. 499; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 706, (1) in introductory ]iaragraph and in the form, changing "police justice" to "police judge"'; (2) adding the final paragraph. § 1428. Minutes, how kept. A docket must be kept by the justice of the peace or police justice, or by the clerk of the courts held by them, if there is one, in which must be entered each action and the proceedings of the court therein. Plea to be entered in minutes: See post, § 1429. G45 PROCEEDINGS IN JUSTICES' AND POLICE COURTS. § 1429 Legislation § 1428. 1. Enacted Febniaiv 14, 1872; based on Crini. Prae. Aet, Stats. IS^jl, p. 281, § G13, which read: "§613. A docket shall be kept by the justice, maj'or, or recorder, or in the recorder's court, by the clerk of the court, if there be one, in which he shall enter each action, and the minutes of the jiroi'c^editios of the court therein." § 1429. The plea, and how put in. The defendant may make the same plea as upon an indictment, as provided in section ten hundred and sixteen. His plea must lie oral, and entered in the minutes. If the defendant plead guilty, the court may, before entering such plea or pronouncing judgment, examine witnesses to ascertain the gravity of the offense committed ; and if it appear to the court that a higher offense has been committed than the offense charged in the complaint, the court may order the defendant to be com- mitted or admitted to bail, to answer any indictment Avhich may be found against him by the grand jury, or any in- formation which may be filed by the district attorney, [Amendment approved 1880; Code Amdts. 1880, p. 30.] Pleas: See ante, § 1016. Plea of guilty, proceedings on: See post, § 1115. Legislation § 1429. 1. Enacted February 14, 1872 (K Y. Code Criin. Proc, § 700); based on Crim. Prac. Act, § 611, as amended by Stats. 1860, p. 71, § 1, which read: "§ 611. On being arrested, the defendant may plead to the complaint or he may answer and deny the same. Such plea, answer, or denial, may be oral or in writing, and immediately thereafter the case shall be tried, unless, for good cause shown, an adjournment or change of venue shall be granted. If an adjournment or change of venue be granted, the defendant may be held to bail. If the defendant, at any time before the trial, apph' for a change of the place of trial, and make it appear by affi- davit that he has reason to believe, and does believe, that he cannot have a fair and impartial trial before the justice about to try the cause, by reason of prejudice or bias of such justice, the cause shall be transferred to another justice of the same or a neighboring town- ship for trial. It shall be the duty of the justice ordering the change to require the defendant to appear before the justice to whom the transfer is made, on a day named for trial, also all wit- nesses, and to transmit to such justice a certified transcript of his docket, and all original papers in the cause. Should the defendant show to the satisfaction of the justice, by his own affidavit or other- wise, that he cannot have a fair and impartial trial, by reason of the prejudice of the citizens of the township, the cause shall be transferred to a justice of a neighboring township; provided, if -it a])pear by the defendant's affidavit that the same prejudice exists in any other township or townships, the cause shall be transferred to some township where no such prejudice exists." Vvhen § 1429 was enacted in 1872, it was composed of the first two sentences, having, at end, "upon the minutes" instead of "in the minutes." 2. Amended by Code Amdts. 1873-74, p. 453, (1) in second sen- tence, changing "upon tlie minutes" to "in the minutes"; (2) adding the final sentence, which then ended with the wo^ds "by the grand jury." § 14;}2 PENAL CODE. 646 3. AiuciKlfil by Cddr Anidts. 1880, p. .'SO, adilins "or niiy informa- tion wliii'li ni:iy he tiled liy the district at I ()nu\\'," at end of soi'tioii. § 1430. Issue, how tried. Upon a plea other than a plea of guilty, if the parties waive a trial by jury, and an ad- journment or change of venue is not granted, the court must proceed to trv the case. [Amendment approved 1880; Code Aimlts. 1880,' p. 5.] Jury trial, how waived: Post, § 1435. Legislation § 1430. 1. Enacted February 11. 1872 (N. Y. Code Criin. Proc, § 701); ba^od on Crim. Prae/ Act, Stats. ISr.l, p. 281, §§61J, (q. v., as amended by Stats. 1860, ante, Le^i-slation § 1429,) 614, the latter section readinff, "§614. The defendant shall be en- titled, if demanded by him, to a jury trial. The formation of the juries is provided for by special statute." When enacted in 1872, § 1430 read: "1430. Upon a plea other tlian a plea of guilty, if the defendant does not demand a trial by jury, or an adjournment or change of venue is not granted, the court must proceed to tr\' the case." 2. Amended by Code Amdts. 1880, p. .5. § 1431. Change of venue, when granted. If the action or proceeding is in a justice's court, a change of the place of trial may be had at any time before the trial commences : 1. When it appears from the affidavit of the defendant that he has reason to believe, and does believe, that he can- not have a fair and impartial trial before the justice about to try the case, by reason of the prejudice or bias of such justice, the cause must be transferred to another justice of the same or an adjoining township ; 2. When it appears from affidavits that the defendant cannot have a fair and impartial trial, by reason of the prejudice of the citizens of the township, the cause must be transferred to a justice of a township where the same preju- dice docs not exist. Change of venue: Ante, §§ 1033, 1034. Legislation § 1431. Enacted February 14, 1872; based on Crim. Prac. Act, § fill, as amended by Stats. 1800, p. 71, § 1, q. v., ante, Legislation § 1420. § 1432. Upon change of venue, papers, etc., must be trans- mitted. Proceedings on change of venue. When a change of the place of trial is ordered, the justice must transmit to the justice before whom the trial is to be had all the origi- nal papers in the cause, with a certified copy of the minutes of his proceedings ; and upon receipt thereof, the justice to whom they are delivered must proceed with the trial in the same manner as if the proceeding or action had been origi- nally commenced inhiscourt. Transfer of records, etc., of the action: Ante, § 1036. Duty of court on receipt of records: Ante, § 1038. G47 PROCEEDINGS IN JUSTICES' AND POLICE COURTS. § 1436 Legislation § 1432. Enacted February 14, 1872; based oii Crim. Prae. Act, § 611, as amended by Stats. 1860, p. 71, § 1, q. v., ante, Legislation § 1429. §1433. Postponement of the trial. Before the commence- ment of a trial in any of the conrts mentioned in this chap- ter, either party may, npon good cause shown, have a reasonable postponement thereof. Legislation § 1433. Enacted February 14, 1872; based on Crim. Prae. Act, §(311, as amended by Stats. 1S60, p. 71, § 1, q. v., ante, Legislation § 1429. § 1434. Defendant to be present. The defendant must be personall.Y present [)cfore the trial can proceed. Presence of defendant, necessity of: See ante, § 1043; post, § 1438. New trial where defendant was absent: See post, § 1451. Legislation § 1434. Enacted February 14, 1872; based on Crim. I'rac. Act, Stats. 1851. p. 281, § 612, which read: "§ 612. The defend- ant must in all cases be personally present before the trial shall proceed." § 1435. Jury trial, how waived. A trial by jury may be waived by the consent of both parties expressed in open court and entered in the docket. The formation of the jury is provided for in chapter one, title three, part one, of the Code of Civil Procedure. [Amendment approved 1880; Code Amdts. 1880, p. 5.] Constitutional provision. "A trial by jury may be waived in all criminal eases, not amounting to felony, by the consent of both parties, expressed in open court. . . . In . . . cases of misde- meanor, the jury may consist of twelve, or of any number less than twelve upon which the parties may agree in open court": Const. 1879, art. i, § 7. Waiver of jury: See ante, § 1042. Legislation § 1435. 1. Enacted February 14, 1872; based on Crim. Prae. Act, Stats. 1851, p. 281, § 614, which" read: -"§ 614. The defend- ant shall be entitled, if demanded by him, to a jury trial. The formation of the juries is provided for by special statute." When § 1435 was enacted in 1872, the first sentence read. "Before the court hears any testimony upon the trial, the defendant may de- mand a trial by jury," the second sentence reading as at present. 2. Amended by Code Amdts. 1880, p. 5. § 1436. Challenges. The same Challenges may be taken by either party to the panel of jurors, or to any individual juror, as on the trial of an indictment for a misdemeanor ; but the challenge must in all cases be tried by the court. General causes of challenge: Ante, § 1072. Particular causes of challenge: Ante, § 1073. Challenge to individual juror: Ante, § 1067. Challenge to the panel of jurors: Ante, § 1058. Number of peremptory challenges: Ante, § 1070. ;< 14 to PENAL CODE. G48 Legislation § 143G. llnuctcd Kcluuiirv 14, 1872 (N. Y. Coile Crim. I'loc, S """) ; ill sulistiiiict' \ho siiinc as ditii. Prac. Act, Stats. 1851, 1 1. i'^i,'s i;i''. § 1437. Oath of jurors. The couit must administer to the jury the iollowiiij;' oatli : "You do swear that you will well and truly try this issue between the people of the state of California and A. B., the defendant, and a true verdict render according to the evidence." Legislation § 1437. Enacted February 14, 1872 (X. Y. Code Crim. I'roc, S 71 1) ; in substance tlie same as ('rim. Frac. Act, Stats. 1851, )). 2S1, § (ilo. § 1438. Trial, how conducted. After the jury are sworn, they must sit together and hear the proofs and allegations of the parties, which must be delivered in public and in the presence of the defendant. Conduct of the trial: Ante, § lOOn. New trial where defendant absent: See post, § 1451. Presence of defendant, necessity of: See ante, §§ 1043, 1434. Legislation § 1438. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §712); in exact language of Crim. Prac. Act, Stats. 1851, p. 2S1, 5; (317. § 1439. Court to decide questions of law, but not to charge in respect to matters of fact. The court nnist decide all questions of law which may arise in the course of the trial, but can give no charge with respect to matters of fact. Court to decide questions of law: See ante, §§ 1124-1127. Duty of court in charging the jury: Ante, § 1127. Questions of fact. .Tudgps shall not charge juries with respect to matters of fact, but may state the testimony and declare the law: Const., art. vi, § 19. In case of libel: Ante, §§ 251, 112o'. See Constitution of 1879, art. i, § 9. Legislation § 1439. Enacted February 14, 1872; in substance the same as Crim. Prac. Act, Stats. 1851, p! 281, § 618. § 1440. Jury may decide in court or retire. Oath of officer on their retirement. After hearing the proofs and allegations, the inrv nniv decide in court, or may retire for consideration. If they do not immediately agree, an officer must be sworn to the following effect: ''You do SAvear that you will keep this jury together in some quiet and con- venient place; that you will not permit any person to speak to them, nor speak to them yourself, unless by order of the court, or to ask them whether they have agreed upon a verdict ; and that you will return them into court when they have so agreed, or when ordered by the court." Deliberations of the jury: Ante, § 1128. Oath and duty of officer having charge of jury: See ante, §§ 1121, 1128. 649 PROCEEDINGS IN JUSTICES' AND POLICE COURTS. § 1444: Legislation § 1440. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §71o); based on Crim. Prac. Act, Stats. 1.S51, p. 2S1, § 619, the oath of which read, "You do swear that you will keep this jury together, in some private and convenient place; that you will not permit any person to speak to them, nor speak to them yourself, unless it be to ask them whether they have agreed upon a verdict; and that you will return them into court when he [they] have so agreed." § 1441. Verdict of jury, how delivered and entered. The verdict of the jury must in all cases be general. When the jury have agreed on their verdict, they must deliver it publicly to the court, who must enter [it], or cause it to be entered, in the minutes. Verdict, general and special: Ante, § 1151.. Legislation § 1441. Enacted February 14, 1872 (X. Y. Code Crim. Proc, § 71+); in substance the same as Crim. Prac. Act, Stats. 1851, p. 282, §§ 620, 621. § 1442. Verdict, when several defendants are tried to- gether. AVhen several defendants are tried together, if the jury cannot agree upon a verdict as to all, they may render a verdict as to those in regard to whom they do agree, on which a judgment must be entered accordingly, and the case as to the rest may be tried by another jury. Verdict as to one of several defendants, and new trial as to others: Ante, § 1160. Legislation § 1442. Enacted Fcbruarv 14, 1872; in substance the same as Crim. Prac. Act, Stats. 1851, p. 282, § 622. § 1443. Jury, when to be discharged without a verdict. The jury cannot be discharged after the cause is submitted to them, until they have agreed upon and rendered their verdict, unless for good cause the court sooner discharges them. Discharge of jury for sickness of juror: Ante, § 1139. Not to be discharged, unless no probability of agreement: Ante, § 1140. Legislation § 1443. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 715); in substance the same as Crim. Prac. Act, Stats. 1851, p. 282, § 623. § 1444. If discharged, defendant may be tried again. If the jury is discharged, as provided in the last section, the court may proceed again to the trial, in the same manner as upon the first trial, and so on, until a verdict is rendered. Retrial: Ante, § 1141. Legislation § 1444. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 716); in substance the same as Crim. Prac Act, Stats. 1851, p. 282.'§ 624. § 1448 PENAL CODE. 050 §1445. Rendering- judgment. ^Vll(■ll the defendant pleads guilty, or is convicted, either ])y the court, or by a jury, the court must render judgment thereon of fine or imprisonment, or both, as the case may be. [Amendment approved ]cS74; Code Amdts. 1873-74, p. 453.] Plea of guilty, and proceedings on: See ante, § 1429. Legislation § 1445. 1. Enaeted February 14, 1872 (N. Y. Code Crini. I'roc, § 717); l.jised on Crim. Prac."^ Aot, Stats. 18.51, p. 282, § ()2."j, \vliicli had the word "roquiro" insload of "l)e" at end of smMion. 2. Amended by Code Amdts. 1873-74, p. 45.3, changing "fine and imprisonment" to "fine or imprisonment." § 1446. Judgment, fine, and imprisonment. A judgment that the defendant pay a fine may also direct that he be im- prisoned until the fine be satisfied, in the proportion of one day's imprisonment for every dollar of the fine. [Amend- ment approved 1874; Code Amdts. 1873-74, p. 455.] Imprisonment until fine paid: See ante, § 1205; post, § 1456. Legislation § 1446. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §718); based on Crim. Prac. Act, Stats. 1851, p. 282, § ()26, which read, "§ 626. A judgment that the defendant pay a fine, may also direct that he be imprisoned until the fine be paid or satisfied"; also based on Stats. 1857, p. 151, § 2, which read, "Sec. 2. When a person shall be imprisoned for non-payment of a fine, or until a fine be paid, the imprisonment may extend to, but shall not exceed one day for every two dollars of the fine, and the costs that may be due from the person imprisoned, in the prosecution in which the fine was adjudged." 2. Amended by Code Amdts. 1873-74, p. 455, changing (1) "is satisfied" to "be satisfied," and (2) "every two dollars" to "every dollar." 3. Amendment by Stats. 1901, p. 499; unconstitutional. See note, § 5, ante. ^ § 1447. Defendant, on acquittal, to be discharged. Order that prosecutor pay costs. When the defendant is acquitted, either by the court or by the jury, he must be immediately discharged ; and if the court certify in the minutes that the prosecution was malicious or without probable cause, it may order the prosecutor to pay the costs of the action, or to give satisfactory security by a written undertaking, with one or more sureties, to pay the same within thirty days after the trial. Discharge on acquittal: See ante, § 1165; post, § 1454. Legislation § 1447, Enacted February 14, 1872 (N. Y. Code Crim, Proc, § 719); in substance the same as Crim. Prac. Act, Stats. 1851, p. 282, § 627. § 1448. Judgment against prosecutor for costs. If the prosecutor does not pay the costs, or give security therefor, 651 PROCKEDINGS li\ JUSTICES' AND POLICE COUETS. § 1451 the court may enter judgment against him for the amount thereof, Avhieh may be enforced m all respects in the same manner as a judgment rendered in a civil action. Legislation § liiS. Enacted February 14, 1872 (N. Y. Code Grim. Proc, § 720); in substance the same as Grim. Prac. Act, Stats. 1851, p. 282, § 628. § 1449. Judgment, when to be rendered. After a plea or verdict of guilty, or after a verdict against the defendant, on a plea of a former conviction or acquittal, the court must appoint a time for rendering judgment, which must not he more than two days nor less than six hours after the verdict is rendered, unless the defendant waive the postponement. If postponed, the court may hold the defendant to bail to appear for judgment. [Amendment approved 1874; Code Amdts. 1873-74, p. 454.] Time for rendition of judgment: See post, § 1453. Legislation § 1449. 1. Enacted February 14, 1872; in substance the same as Grim. Prac. Act, Stats. 1851, p. 282, § 630. When en- acted in 1872, § 1449 read: "1449. After a plea or verdict of guilty, or after a verdict against the defendajit, on a plea of a former con- viction or acquittal, the court must appoint a time for rendering judgment, which must not be more than two days nor less than six hours after the verdict is rendered, and must hold the defendant to bail to appear for judgment, and in default of bail he must be com- mitted." 2, Amended by Code Amdts. 1873-74, p. 454. § 1450. When defendant may move for a new trial or in arrest of judgment. At any time before judgment, defend- ant may move for a new trial or in arrest of judgment. Motion in arrest of judgment: Ante, § 1185; post, § 1452. Time to make motion in arrest of judgment: See ante, § 1185. Legislation § 1450. Enacted Feliruary 14, 1872; in substance the same as Grim. Prac. Act, Stats. 1S51, p. 282, § 631. § 1451. New trial, grounds of. A new trial may be granted in the following cases : 1. When the trial has been had in the absence of the de- fendant, unless he voluntarily absent himself, with full knowledge that a trial is being had ; 2. When the jury has received any evidence out of court ; 3. When the jury has separated without leave of the court, after having retired to deliberate upon their verdict, or been guilty of any misconduct tending to prevent a fair and due consideration of the case ; 4. When the verdict has been decided by lot, or by any means other than a fair expression of opinion on the part of all of the jurors; § 1454: • PENAL cudl:. 652 5. "When tliere has been error in tlie deeision of the court, given on any question of hiw arisinj;- durinfj^ the course of tlie trial ; G. When the verdict is contrary to hxw or evidence ; 7. AVhen new evidence is discovered material to the de- fendant, and which he could not, with reasonable diligence, have discovered and produced at the trial ; but when a motion for a new trial is made upon this ground, the defend- ant must pi'oduce at the hearing- the affidavits of the wit- nesses by whom such newly discovered evidence is expected to be given. New trials: See ante, §§ 1179, 1182. Presence of defendant necessary: See ante, §§ 1 134, 1438. Grounds for new trial in justice's or police court: See ante, § 1181. Legislation § 1451. Enacted February 14, 1872; based on Crini. Prae. Act, § (132, as amended by Stats.'l863, p. 162, §22. the intro- ductory paragraph and subd. 1 of which read, "Section (132. A new trial can be granted only in the following cases: First — When the trial has been had in his absence; provided, if he shall voluntarily absent himself, with full knowdedge that a trial is beiug had, a new trial shall not be granted on account of such \oluntary absence"; the section thereafter proceeding as at preseut. § 1452. Grounds of motion in arrest of judgment. The motion in arrest of judgment may be founded on any sub- stantial defect in the complaint, and the effect of an arrest of judgment is to place the defendant in the same situation in which he was before the trial was had. Effect of arrest of judgment: See ante, §§ 1187, 1188. Legislation § 1452. Enacted February 14, 1872; in exact language of Grim. Prac. Act,- Stats. 1851, p. 283, § 633. § 1453. Judgment to be entered in the minutes. If the judgment is not arrested, or a new trial granted, judgment must be pronounced at the time appointed and entered in the minutes of the court. Judgnient, rendition of: Ante, § 1445. Time for rendition of judgment: See ante, § 1449. Legislation § 1453. Enacted February 14, 1872; in substance the same as Crim. Prac. Act. Stats. 1851, p. 283, § 634. § 1454. If judgment of acquittal or imposing a fine only, defendant to be discharged. If judgment of acquittal is given, or judgment imposing a fine only, without imprison- ment for non-payment, and the defendant is not detained for any other legal cause, he must be discharged as soon as the judgment is given. Discharge on acquittal: See ante, §§ 1165, 1447. Legislation § 1454. Enacted February 14, 1872; based on f'lim. Prac. Act, Stats. 1851, p. 283, § 035, which did not i-ontaiii the word.s "without imprisonment for non-iiayment." 653 PROCEEDINGS IN JUSTICES* AND POLICE COURTS. § 1457 § 1455. Judgment of imprisonment, how executed. When a judgment of imprisonment is entered, a certified copy thereof must be delivered to the sheriff, marshal, or other officer, Avliich is a sufficient warrant for its execution. Execution: See ante, §§ 1213, 1216. Judgment of imprisonment, how executed: See aute, §§ 1215, 1216. Imprisonment until payment of fine: See ante, §§ 1205, 1446. Legislation § 1455. Enacted February 14, 1872; in substance the same as Crim. Prac. Act, Stats. 1851, p. 283, § 636. § 1456. Judgment that defendant be imprisoned until he pay a fine, how executed. When a judgment is entered im- posing a fine, or ordering the defendant to be imprisoned until the fine is paid, he must be held in custody during the times specified in the judgment, unless the fine is sooner paid. Execution of judgment of fine or imprisonment: Ante, §§ 1215, 1246. Legislation § 1456. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 718); in substance the same as Crim. Prac. Act, Stats. 1851, p. 283, § 637. § 1457. Defendant discharged upon payment of fine. Disposition of fines. Upon payment of the fine, the officer must discharge the defendant, if he is not detained for any other legal cause, and pay over the fine within ten days to county treasurer if the offense is prosecuted for the violation of a state law in a justice's court ; provided that all fines and forfeitures collected in any police court or city justice's court that is maintained, and the salaries of the officers thereof paid by the city, whether prosecuted for a violation of a state law or a city ordinance shall be paid to the city treasurer of the city in which such court is located ; and further provided, that all fines and forfeitures collected for the violation of a city or town ordinance, in a justice's court shall be paid over to the city or town treasurer of the city or town in which such ordinance is in force, subject, how- ever, to the provisions of chapter one of title fifteen of part one of this code. [Amendment approved 1905 ; Stats. 1905, p. 177.] Disposition of fines: Post, § 1570. Forfeitures, how disposed of: See post, § 1570. Legislation § 1457. 1. Enacted February 14, 1872; based oai Crim. Prac. Act, Stats. 1851, p. 283, §§ 038, 639, "the former section having "Justice's, or in a mayor's or recorder's court," instead of "justice's or police court," as in the original code section. When enacted in 1872, § 1457 read: "1457. Upon payment of the fine, the officer must dis- charge the defendant, if he is not detained for any other legal cause, and apply the money to the payment of the expenses of the ^ 14G1 PENAL CODE. 054 |)rostH'utiou, aud pay over tlio residue, if Huy, within \vu dayK, to the county or eity treasurer, at-fordiiig as the ofVonse is prosecuted iu a .iustice's or police court. If a fine is imposed, aud paid before comiuitnient, it must bo applied as prescribed in this section." 2. Amended by Stats. 1901, p. 8S, to read: "J457. Uj)on payment of the fine, the ollicer must discliarge the defendant, if he is not detained for any other legal cause, and pay over the fine within ten days to the county or city treasurer, according as the offense is l)roseeuted for the violation of a state law or a city ordinance, whether in the justice's court or police court; provided, that all for- feitures and fines collected for the violation of any city ordinance, whether in the police court or justice's court, shall be paid over to the city treasurer of the city in which such ordinance is in force. If a fine is imposed, and paid before coinniitmcnt, it must be paid over as prescribed in this section." 3. Amended by Stats. 190.5, p. 177. § 1458. Defendant may be admitted to bail. The defend- ant, at any time after his arrest, and before conviction, may be admitted to bail. The provisions of this code relative to bail are applicable to bail in justices' or police courts. Bail: Ante, §§ 822, 1268 et seq. Legislation § 1458. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 7.36); based on Crim. Prac. Act, Stats. 18.51, p. 2S3, § 640, which read: "§ 640. If the defendant be discharged on bail, or has deposited money instead thereof, and fails to appear according to his recognizance, the same shall be forfeited, or the money appro- priated in like manner as iu the district court. § 1459. Subpoenas. The justice or judge of either of the courts mentioned in this chapter may issue subpoenas for witnesses, as provided in section thirteen hundred and twenty-six, and punish disobedience thereof, as provided in section thirteen hundred and thirty-one. Witness must attend: Code Civ. Proc, § 2064. Legislation § 1459. Enacted February 14, 1872. (N. Y. Code Crim. Proc, § 729.) § 1460. Entitling' affidavits. The provisions of section fourteen hundred and one, in respect to entitling affidavits, are applicable to proceedings in the courts mentioned in this chapter. Erroneous title, or want of, effect of. See ante, § 1401; post, § 1563. Legislation § 1460. Enacted February 14, 1872. §1461. "Police courts" defined. The term "police courts, ' ' as used in this and the succeeding chapter, includes police judges' courts, police courts, and all courts held by mayors or recorders in incorporated cities or towns. Legislation § 1461. Enacted February 14, 1872. 655 * APPEALS TO SUPERIOR COURTS. § 1467 CHAPTER 11. Appeals to Superior Courts. § 14G6. Appeals, when allowed. § 1467. Within what time appeal may be taken. § 1468. Statement on appeal. § 1469. If new trial granted, in what court held. § 1470. Proceedings, if appeal is dismissed or judgment afiirmed. § 1466. Appeals, when allowed. Either party may ap- peal to the superior court of the eouuty from a judgment of a justice's or police court, in like cases and for like cause as appeals may be taken to the supreme court. [Amend- ment approved 1880; Code Amdts. 1880, p. 34.] Appeal by defendant: Ante, § 1237. Appeal by the people: Ante, § 1238. Legislation § 1466. 1. Enacted February 14, 1872; based on Crim. Prae. Act, Stats. 1851, p. 26.5, § 481, which read: "§ 481. The party aggrieved in a criminal action, whether that party be the peojjle or defendant, may appeal as follows: 1st. To the coujt of sessions of the county from a final judement of a justice's, recorder's, or mayor's court. 2d. To the district court of the county froni^^ final judgment of the court of sessions, or from an order granting or refusing a new trial in an action or proceeding commenced in the court of sessions, or which affects a substantial right in such action or proceeding. 3d. To the supreme court from a final judgment of the district court in all criminal cases amounting to felony, whether such judgment be rendered in an action or proceeding originally commenced in the district court, or transmitted from the court of sessions, or brought into the district court on appeal. Also, from an order of the district court granting or refusing a new trial, or which affects a substantial right in a criminal case, amounting to felony, commenced in the said district court." When enacted in 1872, § 1466 read: "1466. Either party may appeal to the county court of the county from a judgment of a justice's or police court, in like cases and for like cause as appeals may be taken to the supreme court; but no appeal can be taken from a judgment of the police judge's court of San Francisco, imposing a fine only of less than twenty dollars." 2. Amended by Code Amdts. 1880, p. 34. § 1467. Within what time appeal may be taken. The appeal may be taken, heard and determined as provided in title nine, part two of this code, except that such appeal must be taken within fifteen days after the judgment is rendered or within ten days after the order is made from which the appeal is taken. [Amendment approved 1907 ; Stats. 1907, p. 560.] Appeal, how taken: Ante, § 1240. Judgment on appeal: Ante, § 1258. Legislation § 1467. 1. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 265, § 482, which read: "§ 482. The appeal to the district court from the court of sessions, and to the supreme 5; 1470 PENAL CODK. * 050 cDiiii Irniii till' (li.stiict court, ran be 1aU*'ii on qiioslioiis ul' law ;il(iiii'." W'lii'ii ciiactt'd ill lcS72, § 1-1(3' read: "1-167. Tiie appeal iH taUen, heard, aiil (Utciiiiincd as in-oxidcd in tith^ nine, part two of (liis code." 2. Amended b\ Slats. 1907, [i. -"jfiil; IIh,' code conunissioner sayinj^, "Tlie aniendnuMit limits the time within which aj>peal.s from judg- ments and ordeis may be taken to the siij)erior court in criminal eases." § 1468. Statement on appeal. Tlie appeal to the superior court i'roiii tlie judgment of a justice's or police court is heard upon a statement of the case settled by the justice or police judge, embodying such rulings of the court as are excepted to, whicli statement must be filed with and settled by the court Avithin ten days after filing notice of appeal. [Amendment approved 1880; Code Amdts. 1880, p. 35.] Legislation § li68. 1, Enacted February ]-J, 1872; based on Grim. Prac. Act, as amended and supplemented by Stats. 1858, p. 218, § 3, which read: "Sec. 3. The appeal to the county court from the judg- ment of a justice's, recorder's, mayor's, or police judge's court, shall be heard upon -n statement of the case settled by the justice, police judge, recorder, or mayor, embodying the evidence, and such rulings of the court as are excepted to." 2. Amended by Code Amdts. 1880, p. 35, changing (1) "county court'' to "superior court," and (2) "five days" to "ten days." § 1469. If new trial granted, in what court held. If a new trial is granted upon appeal, it must be had in the su- perior court. [Amendment approved 1880 ; Code Amdts. 1880, p. 35.] Legislation § 1469. 1. Enacted February 14, 1872; based on Grim. Prac. Act, as amended and supplemented by Stats. 1858, p. 218, § 4, which read: "Sec. 4. Upon the appeal to the county court, if a new trial be granted, such new trial shall be had iu the county court. If the judgment be affirmed, a copy of the judgment of aflSrmanee shall be sent to the court below, upon the receipt of which the court below shall proceed to enforce its sentence." When enacted in 1872, § 14G9 read: "1469. If a new trial is granted upon appeal, it must be had in the county^ court, except the appeal is from the police judge's court of San Francisco, in wdiich case a copy of the order granting a new trial must be remitted to that court, and the trial had therein." 2. Amended by Code Amdts. 1880, p. 35. § 1470. Proceedings, if appeal is dismissed or judgment affirmed. If the appeal is dismissed or the judgment af- firmed, a copy of the order of dismissal or judgment of affirmance must be remitted to the court below, which may proceed to enforce its sentence. Judgment on appeal: Ante, § 1258. Legislation § 1470. Enacted February 14, 1872; based on Crim. Prac. Act, as amended and supplemented by Stats. 1858, p. 218, § 4; q. v., supra. Legislation § 1469. G57 WRIT OF HABEAS CORPUS. § 1473 ' TITLE XLL Special Proceedings of a Criminal Nature. Chapter I. Writ of Habeas Corpus. §§ 1473-1503. II. Coroners' Inquests and Duties of Coroners. §§ 1510-1520. III. Search-warrants. §§ 1523-1542. IV. Proceedings Against Fugitives from Justice. §§ 1547- 1558. V. Miscellaneous Provisions Respecting Special Proceedings of a Criminal Nature. §§ 1562-1564. CHAPTER I. Writ of Habeas Corpus. § 1473. Who may prosecute writ. § 1474. Application for, how made. § 1475. How granted. Proceedings thereon. Application for writ must be verified; prior applications. Proof of service re- quired before hearing. § 1476. Writ must be granted without delay. Admitted to bail pend- ing determination. § 1477. Writ, what to contain. § 1478. How served. § 1479. Proceedings upon disobedience to the wu-it. § 1480. Eeturn, what to contain. § 1481. Body must be produced, when. § 1482. When hearing may proceed without production of the body. § 1483. Hearing on return. § 1484. Proceedings on the hearing. § 1485. When court may discharge the party. § 1486. When to remand party. § 1487. Grounds of discharge in certain cases. § 1488. Not to be discharged for defect of form in warrant. § 1489. Court may examine witnesses and discharge, hold to bail, or recommit. § 1490. Writ for purpose of bail. § 1491. Judge may take bail. § 1492. Judge, when to remand. § 1493. Person in illegal, may be committed to legal, custody. § 1494. Disposition of party, pending proceedings on return. § 1495. Defect of form in the writ immaterial, when. § 1496. Imprisonment after discharge, in what cases permitted. § 1497. Warrant may issue instead of w-rit, in certain cases. § 1498. Warrant may include person charged with illegal detention, § 1499. Warrant, how executed. § 15U0. Eeturn and hearing on. § 15U1. Party may be discharged or remanded. § 1502. Writ and process may issue and be served at any time. § 1503. By whom issued and when returnable. § 1504. Where returnable. § 1505. Damages, by whom recovered, for failure to issue or obey the writ. § 1473. Who may prosecute writ. Every person unlaw- fully imprisoned or restrained of his liberty, under any pre- I'en. Code — 42 § 147') PENAL CODE. 658 tense Avliatevei-, iii;iy prosecute a writ of habeas corpus, to iiKiiiire into the cause of such imprisonment or restraint. lAmeiulment approved 1874; Code Amdts. 1873-74, p. 454.] Privilege of, not to be suspended. Tlic privilege of the writ of liabi'jis i'oi|ius shall not be suspeuded unless wlicii, in cases of re- bellion or invasion, the public safety may reiiiiire its suspension: Const. 1S79, art. i, §o; U. S. Const., "^art. i, § 9. Eight to, where one detained as insane: Sec Pol. Code, § 2188. Legislation § 1473. 1. j^nuctid t'ebiuary M, 1872; in substance the same as Habeas Corpus Act, Stats. ISoO, p. 334, § 1. 2. Amended by Code Amdts. 1873-74, p. 454, changing "unlaw- fully committed, detained, confined, or restrained" to "unlawfully imprisoned or restrained." § 1474. Application for, how made. Application for the writ is made by petition, signed eitlier by the party for whose relief it is intended, or by some person in his behalf, and must specify : 1. That the person in whose behalf the writ is applied for is imprisoned or restrained of his liberty, the officer or per- son by whom he is so confined or restrained, and the place where, naming all the parties, if they are knoAvn, or describ- ing them, if they are not known ; 2. If the imprisonment is alleged to be illegal, the petition must also state in what the alleged illegality consists ; 3. The petition must be verified by the oath or affirmation of the party making the application. Application for writ, how made: See post, §§ 1475, 1490. Legislation § 1474. Enacted J'ebruary 14, 1872; in substance the same as Habeas Corpus Act, Stats. 1850, p. 334, § 12. § 1475. How granted. Proceedings thereon. Application for writ must be verified ; prior applications. Proof of service required before hearing. The writ of habeas corpus may be granted in the manner provided by the constitution. If the writ has been granted by any court or a judge or justice thereof, and after the hearing thereof the prisoner has been remanded, he shall not be discharged from custody by the same or any other court of like general jurisdiction, or by a judge or justice of the same or any other court of like general jurisdiction, unless upon some ground not existing in fact at the issuing of the prior writ. Should the prisoner desire to urge some point of law not raised in the petition for or at the hearing upon the return of the prior writ, then, in case such prior want had been returned or returnable before a superior court or a judge thereof, no writ can be issued upon a second or other application except by the appropriate dis- trict court of appeal or some justice thereof, or by the 659 WRIT OF HABEAS CORPUS. § 1475 supreme court or some judge tliereof, and in such an event such writ must not be made returnable before any superior court or any judge thereof. In the event, however, that the prior writ Avas returned or made returnable before a district court of appeal or any justice thereof, no writ can be issued upon a second or other application except by the supreme court or some judge thereof, and such writ must be made returnable before said supreme court or some judge thereof. Every application for a writ of habeas corpus must be verified, and shall state whether any prior application or applications have been made for a writ in regard to the same detention or restraint complained of in the application, and if any such prior application or applications have been made the later application must contain a brief statement of all proceedings had therein, or in any of them, to and in- cluding the final order or orders made therein, or in any of them, on appeal or otherwise. AVhenever the person applying for a writ of habeas corpus is held in custody or restraint by any officer of any court of this state or any political subdivision thereof, or by any peace-officer of this state, or any political subdivision thereof, a copy of the ap- plication for such writ must in all cases be served upon the district attorney of the county wherein such person is held in custody or restraint at least twenty-four hours before the time at which said writ is made returnable and no applica- tion for such writ can be heard without proof of such service in cases where such service is required. [Amendment ap- proved 1907; Stats. 1907, p. 560.] Application for writ, how made: See ante, § 1474; post, § 1490. Legislation § 1475. 1. Enaotecl February 14. 1872; based on Habeas Corpus Act, Stats. 1850, p. .334. § 3. which read: "§ 3. Such writ of habeas corpus may be g^ranted by the supreme court, or any judge thereof, or any district or county court in term time, or by anv judge of such courts at any time, whether in term or vacation." When enacted in 1872, § 1475 read: "1475. The writ of habeas cor- pus may be granted: 1. By the supreme court, or any justice thereof, upon petition on behalf of any person restrained of his liberty in this state. When so issued, it may be made returnable before the court or any justice thereof, or before any district or county court, or any judffe thereof; 2. By .the district courts, or a judge thereof, upon petition on behalf of any person restrained of his liberty in their respective districts; 3. By the county courts, or a judae thereof, upon petition on behalf of any person restrained of his liberty in their respective counties." 2. Amended by Code Amdts. 1880, p. 4, to read: "1475. The writ of habeas corpus miay be granted: 1. By the supreme court, or any justice thereof, upon petition by or on behalf of any person re- strained of his liberty in this state. When so issued it may be made returnable before the court, or any justice thereof, or before any superior court or any judge thereof. 2. By the superior courts, or a jli 1477 PKNAI. CODE. 660 .jiiii li\ or (111 li. § 1491. Judge may take bail. Any judge before whom a person who has been committed on a criminal charge may be brought on a writ of habeas corpus, if the same is bail- able, may take an undertaking of bail from such person as in other cases, and file the same in the proper court. Bail on habeas corpus: See ante, §§ 1286, 1489. Legislation § 1491. Enacted February 14, 1872; in substance the same as Habeas Corpus Act, Stats. 1S.50, p. 336, § 24. § 1492. Judge, v^hen to remand. If a party brought be- fore the court or judge on the return of the writ is not en- titled to his discharge, and is not bailed, where such bail is allowable, the court or judge must remand him to custody or place him under the restraint from which he was taken, if the person under whose custody or restraint he was is legally entitled thereto. Court, when to remand: See ante, § 1486. Legislation § 14S2. Enacted February 14, 1872; in substance the same as Habeas Corpus Act, Stats. 1850, p. 336, § 25. § 1493. Person in illegal, may be committed to legal, cus- tody. In cases where any party is held under illegal re- straint or custody, or any other person is entitled to the restraint or custody of such party, the judge or court may order such party to be committed to the restraint or custody of such person as is by law entitled thereto. Legislation § 1493. Enacted February 14, 1872; in substance the sanie as Habeas Corpus Act, Stats. 1850, p. 336, § 26. § 1494. Disposition of party, pending proceedings on re- turn. Until judgment is given on the return, the court or judge before whom any party may be brought on such writ may commit him to the custody of the sheriff of the county, or place him in such care or under such custody as his age or circumstances may require. Legislation § 1494. Enacted February 14, 1872; in substance the same as Halieas Corpus Act, Stats. 1850, !>. 336, § 27. § 1495. Defect or form in the writ immaterial, when. No writ of habeas corpus can be disobeyed for defect of form, if it sufficiently appear therefrom in whose custody or under Avhose restraint the party imprisoned or restrained is, the § 1498 PENAL CODE. 666 officer or person detaining liiin, ;iiul llic court, or judge be- fore Avlioni lie is to he brought. Legislation § 1495. Kn:ic(.Ml Kol.niarv II. 1872; Imscl on Habeas Corpus Act, Stats. lS.5n. p. :;;;(!. § 2S. wh'i.li lia. 1, cliaiit^iiii; "wlicii issued Iiy Older of a juiltic" to "when ininle lel umnlile liefore ;i Juil^e." § 1505. Damages, by whom recovered, for failure to issue or obey the writ. If any judge, after a proper ai)])licatioii is made, refuses to grant an oi'der for a writ of habeas eorpus, or if the officer or person to Avlioni such -writ may be directed, refuses obedience to the command tliereof, he shall forfeit and pay to tlie person aggrieved a sum not exceeding five thousand dollars, to be recovered by action in any court of competent jurisdiction. Legislation § 1£05. Enacted February 14, 1872; in substance the same as IIal)eas Corpus Act, Stats. ]8on, p. 337, § ."58. CHAPTER II. Coroners' Inquests and Duties of Coroners. § 1510. Coroner to summon jury to inquire into cause of death. § 1.511. Jurors to be sworn. § 1511a. Inquest. ?? 1511b. To view the body. § 1512. Witnesses. § 1513. Witnesses compelled to attend. § 1514. Verdict of jury in writing. What to contain. § lol4a. Witness to be bound over, when. Recognizances. § 1515. Testimony in writing and where filed. S 1516. Exception. § 1517. Coroner to issue warrant, when. § 1518. Form of warrant. § 1519. How served. § 1520. District attorney may be present. § 1510. Coroner to summon jury to inquire into cause of death. When a coroner is informed that a person has been killed, or has committed suicide, or has suddenly died under such circumstances as to afford a reasonable ground to sus- pect that his death has been occasioned by the act of another by criminal means, he must go to the place where the body is, cause it to be exhumed if it has been interred, and sum- mon not less than nine nor more than fifteen persons, qualified by law to serve as jurors, to appear before him forthwith, at the place where the body of deceased is, to inquire into the cause of the death. No such person is ex- empt from jury duty except at the discretion of the coroner. No person shall be summoned as juror who is related to the decedent or is charged wath or suspected of the killing, nor shall any one be summoned who is known to be prejudiced for or against him, but no person selected or summoned to appear as a juror is subject to be challenged by any party. [Amendment approved 1905; Stats. 1905, p. 707.] 669 coroners' inquests and duties of coroners. § 1511a Inquest: See Pol. Code, §§ 4285-4290. Powers and duties of coroners: See Pol. Code, §§ 4143-4148. Justice may act as coroner when: See Pol. Code, § 4147. Costs of inquest in state prison: See post, Appendix, tit. "Costs." Act providing for pasnnent for chemical and post-mortem exami- nations: See post, Appendix, tit. "Coroners." Act relating to appointment of physician at iiiquest: See post. Ap- pendix, tit. "Coroners." Act providing for attendance of physicians and surgeons: See post, Ap)peudix, tit. "Coroners." Coroners in counties of the first class, act relating to: See post. Appendix, tit. "Coroners" Acts furnishing assistants to coroners in certain cities: See post. Appendix, tit. "Coronei-s." Act providing shorthand reporter at inquest: See post, Appendix, tit. "Coroners." Legislation § 1510. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proe., § 773) ; in substance the same as Coroner's Act, § 4, as amended by Stats. 1862, p. 552, § 1. Vv'hen § 1510 was enacted in 1872, it was composed of the first sentence of the present section. 2. Amendment by Stats. 1901, p. 500; unconstitutional: See note, § 5, ante. 3. Amended by Stats. 1905, p. 707; the code commis-sioner saying, "The amendment consists | in the addition] of the last two sen- tences. The matter thus added to the sections is a codification of a part of the provisions of § 3 of the statute of 1871-72, p. 403, as amended by the statute of 1875-76, p. 397, resjiecting jurors sum- moned to act at coroners' inquests. § 1511. Jurors to be sworn, AVhen six or more of the .jurors attend, they must be sworn by the coroner to inquire who the person was, and when, where, and by what means he came to his death, and into the circumstances attending his death ; and to render a true verdict thereon, according to the evidence offered them, or arising from the inspection of the body. Legislation § 1511. Enacted February 14, 1872; based on Cor- ner's Act. Stats. 1850, p. 265, § 6, which had the words "evidence afforded" instead of "evidence offered." § 1511a. Inquest. There must be but one inquest upon a body, unless that taken is set aside by the court ; and there must be but one inquest held upon several bodies of persons who were killed by the same cause, and who died at the same time. Whenever it appears that an error in the identity of the body has been made by the jury, it is discretionary with the coroner to call another inquest without reference to the court, and a memorandum of the error must be entered upon the erroneous inquisition. Legislation § 1511a. 1. Addition by Stats. 1901, p. 500; uncon- stitutional. See note, § 5 ante. 2. Added by Stats. 1905, p. 707; the code commissioner saying. "This section is a codification of § 6 of the statute of 1871-72, p. 403, above referred to." See ante, Legislation § 1510. § 1513 im<:nal code. 070 § 1511b. To view the body. After the juiy have been sworn and charged by the coroner, they must go together with the coroner to view and examine the body of the de- ceased person. They must not proceed upon the inquest until they have so viewed the body. After the jury liave viewed the body, they may retire to any convenient place to hear the testimony of witnesses and deliberate upon their verdict. For this end the coroner may adjourn the inquest from time to time, as may be necessary. Legislation § 1511b. 1. Addition by Stats. 1901, ]>. ."iUd; uncon- stitutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 708; the code coniniissionor saying, "S 7 of tlie statute last referred to is codified in this section." See ante, Legislation §§ 1.110, l.llla. § 1512. Witnesses. Coroners may issue subpoenas for witnesses, returnable forthAvith, or at such time and place as they may appoint, which may be served by any compe- tent person. They must summon and examine as Avitn esses every person who in their opinion, or that of any of the jury, has any knowledge of the facts, and may summon a surgeon or physician to inspect the body, or hold a post-mortem ex- amination thereon, or a chemist to make an analysis of the stomach or the tissues of the body of the deceased, and give a professional opinion as to the cause of the death. [Amend- ment approved 1905 ; Stats. 1905, p. 708.] Legislation §1512. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc., §775); based on Coroner's Act, Stats. 1850, p. 26.'5. § 7, the second sentence of which read, "He must summon and examine as witnesses, every person, who, in his opinion, or that of any of the ,iury, has afiy l\nowledge of the facts, and he may summon a surgeon or phj-sician to inspect the body, and give a professional opinion as to the cause of the death." 2. Amendment by Stats. 1901, p. 500; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 708, adding, in second sentence, after "to inspect the body," "or hold a post-mortem examination thereon, or a chemist to make an analysis of the stomach or the tissues of the body of the deceased"; the code commissioner saying, "This provision is taken from §§ 1 and 2 of the statute of 1871-72, p. 403, above referred to." See Legislation §§ 1510, 1511a, 1511b. § 1513. Witnesses compelled to attend. A witness served with a subpoena may be compelled to attend and testify, or be punished by the coroner for disobedience, in like manner as upon a subpoena issued by a justice of the peace. [Amendment approved 1905; Stats. 1905, p. 708.] Compelling attendance of witnesses: See ante, § 1330. Legislation § 1513. 1. Enacted Eebruary 14, 1872 (N. Y. Code Crim. Proc, g 776); in exact language of Coroner's Act, Stats. 1850, p. 265, § 8. 671 coroners' inquests and duties of coroners. § 1515 2. Amended by Sta1s. 1905, p. 70S, inserting "be" before "pun- ished by the coroner." § 1514. Verdict of jury in writing-. What to contain. After inspectiiijo- the body and hearing the testimony, the jury must render their verdict and certify the same by an inquisition in Avriting, signed by them, and setting forth who the person killed is, and when, where, and by what means he came to his death ; and if he was killed, or his death occa- sioned by the act of another, by criminal means, who is guilty thereof. Legislation § 1514. Enacted February U, 1872 (N. Y. Code Crim. Prof'.. § 777) ; in substance the same as Coroner's Act, Stats. 1850, p. 265, §9. • ;1i § 1514a. Witness to be bound over, when. Recogni- zances. If the jury find that a murder or manslaughter has been committed, the coroner may bind over the witnesses against the accused to appear and testify before the grand jury, or a magistrate, or the superior court, and to obey all orders of such magistrate or court in the premises. Such recognizance must be in writing and must be subscribed by the parties to be bound thereby, and made payable to the people of the state of California in an amount to be fixed by the coroner, and approved by a judge of the superior court ; *and in case of their refusal to sign such recognizance, the coroner has power to commit such witness as in the case of examination of an accused person by a magistrate. Legislation § 1514a. 1. Addition by Stats. 1901, p. 500: uncon- stitutional. See note, § 5, ante. 2. Added bv Stats. 1905, p. 70S; the code commissioner saying, "This is a codification of § 15 of the statute of 1871-72 p. 403, re- lating to coroners." § 1515. Testimony in writing- and where filed. The tes- timony of the Avitnesses examined before the coroner's jury must be reduced to writing by the coroner or under his di- rection, and forthwith filed by him, with the inquisition, and all recognizances taken by him, in the office of the county clerk. [Amendment approved 1905; Stats. 1905, p. 709.] Legislation § 1515. 1. Enacted February 14 1872 (N. Y. Code Crim. Proc, § 778) ; based on Coroner's Act, Stats. 1850, p. 265, § 10, which had the words "district court" instead of "county court," as in original code section. When enacted in 1872, § 1515 read: "1515. The testimony of the witnesses examined before the coro- - ner's jury must be reduced to writing by the coroner, or under his direction, and forthwith filed by him, with the inquisition, in the otfice of the clerk of the county court of the county." 2. Amended by Code Amdts. 1880, p. oo, changing "county court" to "superior court." § 1518 I'KNAL CODE. 072 3. Aiueiulinoiil l)y Sfr.ts. 1901, \>. ')()(); uiu-oiistitiii ional. Sco note, § 0, auto. 4. AiiuMidod by St:its. 1905, p. 709, (1) addiii^r^ after "witJi the inquisition," tlie words "and :il! rccoffnizances taken l)y him," and (2) ehanying "clerk of the superior court of the county" to "county clerk," at end of section. § 1516. Exception. If, however, the ])orson ehargod with the commission of the offense is arrested liefore the inquisi- tion can l)e fikMl, the coroner nuist deliver the same, with the testimony taken, to the map:istrate l)efore wliom sucli ])erson may be brought, who must return the same, with the deposi- tions and statement taken before him, to the office of the clerk of the superior court of the county. [Amendment approved 1880; Code Amdts. 1880, p. 35.] Legislation § 1516. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §779); ba?ed on Coroner's Act. Stats. 18.30, p. 263, § 11. which liad the words "district court" instead of "county court," as in orifjiual code section. 2. Amended by Code Anidls. 1880, j). o'l, changing "county court" to "superior ocurt." § 1517. Coroner to issue warrant, when. If the jury find that the person Avas killed hy another, under circumstances not excusable or justifia!)le by law, or that his death was occasioned by the act of another by criminal means, and the party committing the act is ascertained by the inquisition,* and is not in custody, the coroner must issue a warrant, signed by him, with his name of office, into one or more counties, as may be necessary for the arrest of the person charged. Legislation § 1517. Enacted February H, 1872 (X. Y. Code Crim. Proc §780); in substance the same as Coroner's Act, Stats. ISoO, p. 2f).-,, § 12. §1518. Form of warrant. The coroner's warrant must be in substantially the following form : County of . The People of the State of California, to any Sheriff, Con- stable, Marshal, or Policeman in this State : An in(iuisition having l)een this day found by a coroner's jury before me, stating that A. B. has come to his death by the act of C. D., by criminal means (or as the case may be, as found by the inquisition), you are therefore commanded forthwith to arrest the above-named C. D., and take him be- fore the nearest or most accessible magistrate in this county: Given under my hand this day of , A. D. eighteen [nineteen] . E F, Coroner of the County of . tj73 SEARCH-WARRANTS. § 1523 Legislation § 1518. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §781); in substance the same as Coroner's Act, Stats. 1850, p. 265, § 13. §1519. How served. The coroner's warrant may bo served in any county, and the officer serving it must proceed thereon, in all respects, as upon a warrant of arrest on an information before a magistrate, except that when served in another county it need not be indorsed by a magistrate of that county. Legislation § 1519. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §782); in substance the same as Coroner's Act, Stats. 1850, p. 26.5, § 14. § 1520. District attorney may be present. The district attorney shall have the right to be present at any and all in- quests held by the coroner when he has reason to believe a crime has been committed. Legislation § 1520. Added by Stats. 1907, p. G66. In Stats. 1901, p. 501, the code commissioners added a section numbered 1520, en- titled "Stenographic reporters for coroners, ciualifications and duties of"; unconstitutional. See note, § 5, ante. CHAPTER IIT. Search-warrants. § 1523. Search-warrant defined. § 1524. Search-warrant, when may be issued. § 1525. It cannot be issued but upon probable cause, etc. § 1526. Magistrates must examine, on oath, complainant, etc. §"1527. Depositions, what to contain. § 152'8. When to issue warrant. § 1529. Form of warrant. § 1530. By whom served. § 1531. Officer may break open door, etc., to execute warrant. § 1532. May break open door, etc., to liberate person acting in his aid. § 1533. When warrant may be served in the night. § 1534. Within what time warrant must be executed. § 1535. Officer to give receipt for property taken. § 1536. Property, how disposed of. § 1537. Eeturn of warrant and delivery of inventory of property taken. § 1538. Copy of inventory, to whom delivered. § 1539. Proceedings, if grounds of warrant are controverted. § 1540. Property, when to be restored to person from whom it was taken. § 1541. Depositions, warrants, etc., to be returned to court. § 1542. When magistrate may direct defendant to be searched in his presence. § 1523. Search-warrant defined. A search-warrant is an order in writing, in the name of the people, signed by a Pen. Code— 43 § 1524 PENAL CODE. 674 inagisli-ate, directed to a poacc-officor, connna)idiiig liim to search for personal property, and bring it before the magis- trate. Fonn of search-warrant: Sec post, §§ 1528, 1529. Legislation § 1523, Knacted February 14, 1872 (N. Y. Code Crim. Proc, § 791); in s\ibs1ance tlic same as Crim. Prac. Aft, Stats. 1S51, p. 284, § (;iL'. § 1524. Search-warrant, when may be issued. Tt may be issued upon eitlioi* of tlio following grounds: 1. When the property was stolen or embezzled; in which case it may be taken on the w^arrant from any place in which it is concealed, or from the possession of the person by whom it was stolen or embezzled, or from any person in whose pos- session it may be. 2. When it w^as used as the means of committing a felony; in which case it may be taken on the warrant from the place in wdiich it is concealed, or from the possession of the person by whom it w^as used in the commission of the offense, or from any person in whose possession it may be. 3. When it is in the possession of any person with the in- tent to use it as a means of committing a public offense, or in the possession of another to whom he may have delivered it for the purpose of concealing it or preventing its being discovered ; in w^hich case it may be taken on the Avarrant from such person, or from any place occupied by him, or under his control, or from the possession of the person to whom he may have so delivered it. 4. When the property is a cask, keg, bottle, vessel, siphon, can, case, or other package, bearing printed, branded, stamped, engraved, etched, blown, or otherwise attached or produced thereon the duly filed trade-mark or name of the person by whom, or in w^hose behalf, the search-w^arrant is applied for, in the possession of any person except the owner thereof, wnth intent to sell or traffic in the same, or refill the same wdth intent to defraud the OAvner thereof, wath such intent, and without such owner's consent thereto, or unless the same shall have been purchased from the owner thereof ; in which case it may be taken on the warrant from such person, or from any place occupied by him, or under his con- trol, or from the possession of the person to whom he may have delivered it. [Amendment approved 1899 ; Stats. 1899, p. 87.] Issuance of: See post, § 1528. Form of search-warrant: See ante, § 1523; post, § 1529. Legislation § 1524. 1. Enacted Februaiy 14, 1872 (iST. Y. Code Crim, Proc,, §792); based on Crim, Prac, Act, Stats. 1851, p. 284, 675 SEARCH-Wx\RRANTS. § 1528 § 643, which read: "§ 643. It may be issued whenever property has been stolen or embezzled, in which case it may be taken on the warrant from any house or other place in which it is concealed, or from the possession of the person by whom it w^as stolen or embez- zled, or of any other person in whose possession it may be." 2. Amended by Stats. 1899, p. 87, (1) in subd. 3, changing "the means of committing" to "a means of committing," and (2) adding subd. 4. § 1525. It cannot be issued but upon probable cause, etc. A search-warrant cannot be issued but upon probable cause, supported by affidavit, naming or describing the person, and particularly describing the property and the place to be searched. Probable cause: See post, § 1540. Legislation § 1525. Enacted February 14, 1872 (N. Y. Code Grim. Proc § 793) ; in substance the same as Crim. Prae. Act, Stats. 1851, p. 2S4, § 644. § 1526. Magistrates must examine, on oath, complainant, etc. The magistrate must, before issuing the "warrant, ex- amine on oath the complainant, and any witnesses he may produce, and take their depositions in writing, and cause them to be subscribed by the parties making them. Legislation § 1526. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §794); in exact language of Crim. Prac. Act, Stats. 1851, p. 284, § 645. § 1527. Depositions, what to contain. The depositions must set forth the facts tending to establish the grounds of the application, or probable cause for believing that they exist. Legislation § 1527. Enacted February 14, 1872 (N. Y. Code Crim. ■ Proc. § 795) ; in exact language of Crim. Prae. Act, Stats. 1851. p. 284,' § 646. § 1528. When to issue warrant. If the magistrate is thereupon satisfied of the existence of the grounds of the application, or that there is probable cause to believe their existence, he must issue a search-warrant, signed by him with his name of office, to a peace-officer in his county, com- manding him forthwith to search the person or place named, for the property specified, and to bring it before the magis- trate. Form of search-warrant: See ante, § 1523; post, § 1529. Legislation § 1528. Enacted February 14, 1872 (N. Y, Code Crim. Proc, § 796); in substance the same as Crim. Prac. Act, Stats. 1851, p. 284, § 647. § 1532 PENAL CODE. G7G § 1529. Form of warrant. The wan-aut must be in sub- stantially the i'olloAving form : County of . The People of the State of Caiiroi-nia to any Slicriff, Con- stable, Marshal, or Policeman in the (;Ounty of : Proof, by affidavit, havings been this day made before me by (naming every person whose affidavit has been taken), that (stating the grounds of the application, according to section fifteen hundred and twenty-five, or, if the affidavit be not positive, that there is probable cause for l)elieving that — stating the ground of the application in the same man- ner), you are therefore commanded, in the daytime (or at any time of the day or night, as the case may be, according to section fifteen hundred and thirty-three), to make imme- diate search on the person of C. D. (or in the house situated , describing it or any other place to be searched, with reasonable particularity, as the case may be) for the follow- ing property: (describing it with reasonable particularity) ; and if you find the same or any part thereof, to bring it forth Avith before me at (stating the place). Given under my hand, and dated this ■ — — day of , A. D. eighteen [nineteen] ■ . E. F., Justice of the Peace (or as the case may be). Search-warrant, form of: See ante, §§ 1523, 1528. Legislation § 1529. Enacted Februarj^ 14, 1872 (N. Y. Code Crim. Proc. § 797); in substance the same as Crim. Prac. Act, Stats. 1851, p. 284, § 648. ^ § 1530. By whom served. A search-Avarrant may in all cases be served by any of the officers mentioned in its direc- tions, but by no other person, except in aid of the officer on his requiring it, he being present and acting in its execution. Legislation § 1530. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 798) ; in exact language of Crim. Prac. Act, Stats. 1851, p. 285, § 649. § 1531. Officer may break open door, etc., to execute war- rant. The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute the Avarrant, if, after notice of his author- ity and purpose, he is refused admittance. Legislation § 1531. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 799) ; in substance the same as Crim. Prac Act, Stats. 1851, p. 285, § 650. § 1532. May break open door, etc., to liberate person act- ing in his aid. He may break open any outer or inner door 077 SEARCH-WARRANTS. § 1536 or window of a house, for the purpose of liberating a person who, having entered to aid him in the execution of the war- rant, is detained therein, or wheJi necessary for his own liberation. Legislation § 1532. Kiiaoted Fel)ruaiy 14, 1872 (N. Y. Code Grim. Pro('., § 800) ; in exni't language of Grim. Piae. Act, Stats. 1851, p. 285. § G51. § 1533. When warrant may be served in the night. The magistrate must insert a direction in the warrant that it be served in the daytime, unless the affidavits are positive that the property is on the i3erson or in the place to be searched, in which case he may insert a direction that it be served at any time of the day or night. Legislation § 1533. Enacted February 14, 1872 (X. Y. Code Grim. Proc, § 801); in substance the same as Grim. Prac. Act, Stats. 1851, p. 285, § 652. § 1534. Within what time warrant must be executed. A search-Avarrant must be executed and returned to the magis- trate Avho issued it within ten days after its date ; after the expiration of this time the warrant, unless executed, is void. Legislation § 1534. Enacted February 14, 1872 (N. Y. Code Grim. Proc, §802); based on Grim. Prac. Act, Stats. 1851, p. 285, § 653, which read: "§ 653. A search-warrant must be executed and re- turned to the magistrate who issued it within tive days after its date, and if in any other county, within thirty days; after the expi- ration of these times, respectively, the warrant shall, unless exe- cuted, bo void." § 1535. Officer to give receipt for property taken. When the officer takes property under the warrant, he must give a receipt for the property taken (specifying it in detail) to the person from whom it was taken by him, or in whose pos- session it Avas found; or, in the absence of any person, he must leave it in the place where he found the property. Legislation § 1535. Enacted February 14, 1872 (N. Y. Code Grim. Proc, §803); in substance the same as Grim. Prac. Act, Stats. 1851, p. 285, § 654. § 1536. Property, how disposed of. When the property is delivered to the magistrate, he must, if it was stolen or embezzled, or if it Avas taken on a warrant issued on the grounds stated in the fourth subdivision of section fifteen hundred and tAventy-four of this code, dispose of it as pro- vided in sections fourteen hundred and eight and fourteen hundred and thirteen, inclusi\'e. If it Avas taken on a AA^ar- rant issued on the grounds stated in the second and third subdivisions of section fifteen hundred and tA\^enty-four, he must retain it in his possession, subject to the order of the ^ 1539 I'KNAL CODK. G78 court to Avliicli he is re(iuirc(l to rotui'ii tlie proceedings be- fore him, or of any other court in wliieli the offense in re- spect to which tlie pro])erty taken is ti-iable. [Anicnchnent approved li)0;5 ; Stats. 11)08, ]>. 81.] Legislation § 1536. 1. Knactcl IVhrumy J-l, 1872 (\. Y. Code! Criin. I'roc, § SOO; bascl on Criin. Prac." Act, Stats. IS.51, p. 28."), § (iu.l, wliich read: "§ 6')'). Wlioii the property is delivered to the magistrate, he shall, if it was stolen or embezzled, dispose of it as provided in sections six hundred and three to six hundred and seven, both inclusive." 2. Amended by Stats. 1903, p. SJ, iu first sentence, after "stolen or embezzled," adding "or if it was taken on a warrant issued on the grounds stated in the fourth subdivision of section fifteen hun- dred and twenty-four of this code." § 1537. Return of warrant and delivery of inventory of property taken. The officer must forthwith return the war- rant to the magistrate, and deliver to him a Avritten inven- toiy of the property taken, made publicly or in the presence of the person from whose possession it was taken, and of the applicant for the warrant, if they are present, verified by the affidavit of the officer at the foot of the inventory, and taken before the magistrate at the time, to the following effect: ''I, R. S., the officer by whom this Avarrant Avas exe- cuted, do swear that the above inventory contains a true and detailed account of all the property taken by me on the Avar- rant. ' ' Legislation § 1537. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § S0.5); in substance the same as Crim. Prac. Act, Stats. 18.51, p. 283, § 656. § 1538. Copy of inventory, to whom delivered. The magistrate must thereupon, if required, deliver a copy of the inventory to the person from AA^hose possession the property was taken, and to the applicant for the Avarrant. Legislation § 1538. Enacted February 14, 1872 (N. Y^ Code Crim. Proc, § 806); in substance the same as Crim. Prac. Act, Stats. 1851, p. 285, § 657. § 1539. Proceedings, if grounds, of warrant are contro- verted. If the grounds on Avhich the Avarrant Avas issued be controverted, he must proceed to take testimony in relation thereto, and the testimony of each Avitness must be reduced to Avriting and authenticated in the manner prescribed in section eight hundred and sixty-nine. Legislation § 1539. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §807); based on Crim. Prac Act, Stats. 1851, p. 285, §§ 658, 659, the former section being identical with the first clause of the code section, and § 659 reading, "§ 659. The testimony given by each witness must be reduced to writing, and certified by the magistrate." 67i) SfiARClI-WAKRANTS. ^ l'A'2 § 1540. Property, when to be restored to person from whom it was taken. If it appears that the property taken is not the same as that described in the warrant, or that there is no probable cause for believing the existence of the grounds on which the warrant was issued, the magistrate must cause it to be restored to the person from whom it was taken. Probable cause: See ante, § 1525. Legislation § 1540. Enacted February 14, 1872 (N. Y. Code Crim. Proe.. § S09); in substance the same as Crim. Prae. Act, Stats. 1851, p. 285, § 660. § 1541. Depositions, warrants, etc., to be returned to court. The magistrate must annex the depositions, the search-warrant and return, and the inventory, and if he has not power to inquire into the offense in respect to which the warrant was issued, he must at once file it and such deposi- tions and return with the clerk of the court having power to so inquire. [Amendment approved 1905 ; Stats. 1905, p. 709.] Legislation § 1541. 1. Enacted February 14, 1872 (N. Y. Code Crim. Proc, § 810); in substance the same as Crim. Prac. Act. Stats. 1851, p. 286, § 661, which had "court of sessions" instead of "county court," as in original code section. When enacted in 1872, § 1541 read: "1541. The magistrate must annex together the depositions, the search-warrant and return, and the inventory, and return them to the next term of the county court having power to inquire into the offenses in respect to which the search-warrant was issued, at or before its opening on the first day." 2. Amendment by Stats. 1901, p. 501; unconstitutional. See note, § 5, ante. 3, Amended by Stats. 1905, p. 709. § 1542. When magistrate may direct defendant to be searched in his presence. When a person charged Avith a felony is supposed by the magistrate before whom he is brought to have on his person a dangerous weapon, or any- thing which may be used as evidence of the commission of the offense, the magistrate may direct him to be searched in his presence, and the weapon or other thing to be retained, subject to his order, or to the order of the court in which the defendant may be tried. Legislation § 1542. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §813); in substance the same as Crim. Prac. Act, Stats. 1S51, p. 286, §G61. s; ir)47 I'KNAL CODK. (ISO CHAPTER IV. Proceedings against Fugitives from Justice. § l.')47. Rewards for the apprclicnsioii of fugitives from justice. § 1548. Fugitives from anotlier state, when to be delivered up. § 1549. Magistrate to issue warrant. § 1550. Proceedings for the arrest and coinniitnicnt of the person charged. § 1551. When and for wliat time to be committed. § 1552. His admission to bail. § ISS.S. Magistrate must notify district attorney of the arrest. § 1554. Duty of the district attorney. § 1555. Person arrested, when to be discharged. § 1556. Magistrate to return his proceedings to superior court. § 1557. Accounts for returning fugitives. § 1558.. No fee or reward to be paid to or received by any public ofTicer jirocnriiig the surrender of fugitives, etc. § 1547. Rewards for the apprehension of fugitives from justice. The governor may offer a reward not exceeding one thousand dollars ($1000) payable out of the general fund, for the apprehension — - 1. Of any convict who has escaped from the state's prison ; 2. Of any person who has committed, or is charged with the commission of an offense punishable with death ; 3. For the arrest of each person engaged in the robbery of, or any attempt to rob any person or persons upon or having in charge in whole or in part any stage-coach, wagon, railroad train or other conveyance engaged at the time in carrying passengers or any private conveyance Avithin this state. The reward to be paid to the person or persons making the arrest, immediately upon the conviction of the person or per- sons so arrested. [Amendment approved 1905 ; Stats. 1905, p. 223.] Legislation § 1547. 1. Enacted February 14, 1872; based on Stats. 1851, p. 443, § 1, which read: "§ 1. If any person who Jias been sentenced to confinement in the state penitentiary by any court having competent authority within this state, shall escape there- from or if any person shall commit treason against the state, or shall be charged with murder or the perpetration of any crime pun- ishable with death, the governor is authorized, upon satisfactory evi- dence of the guilt of the accused, to offer a reward for his or their apprehension, which reward shall not exceed the sum of one thou- sand dollars, and shall be paid out of the general fund." When enacted in 1872, § 1547 read: "1547. The governor may offer a re- ward, not exceeding one thousand dollars, payable out of the general fund, for the apprehension: 1. Of any convict who has escaped from the state prison; or, 2. Of any person who has committed, or is charged with the commission of, an offense punishable with death." 2. Amended by Stats. 1905, p. 223, the final paragraph of the sec- tion as amended containing a repealing clause, reading, "An act 681 PROCEEDINGS AGAINST FUGITIVES FROM JUSTICE, § 1551 entitled an a(?t imposing certain duties upon the governor of the state, approved April 3, 1876, is hereby repealed." § 1548. Fugitives from another state, when to be de- livered up. A person charged in any state of the United States with treason, felony, or other crime, who flees from justice and is found in this state, must, on demand of the executive authority of the state from which he fled, be de- livered up by the governor of this state, to be removed to the state having jurisdiction of the crime. Delivered, to whom. IT. S. Rev. Stats., § 5278, provides that after the demand, above referred to, has been made upon the executive of a state, it shall be his duty "to cause him," the fugitive, "to be arrested and secured, and to cause notice of the arrest to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear." Evidence of the charge. The evidence required that a person whose delivery is demanded has been charged with the commission of a crime, is "a copy of an indictment found or an affidavit made before a magistrate of any state or territory, charging the person .with having committed" the particular crime therein set forth. This copy must be "certified as authentic by the governor, or other chief magistrate, of the state or territory from whence the person so charged has fled": U. S. Rev. Stats., § 5278. Legislation § 1548. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 286, § 665, which had the words "or ter- ritory" after "state" in the first and third instances. § 1549. Magistrate to issue warrant. A magistrate may issue a warrant for the apprehension of a person so charged, who flees from justice and is found in this state. Legislation § 1549. Enacted February 14, 1872 (N. Y. Code Crim. Proc, §828); in substance the same as'Crim. Prac. Act, Stats. 1851, p. 286, § 666. § 1550. Proceeding's for the arrest and commitment of the person charg-ed. The proceedings for the arrest and com- mitment of a person charged are, in all respects, similar to those provided in this code for the arrest and commitment of a person charged with a public offense committed in this state, except that an exemplified copy of an indictment found, or other judicial proceedings had against him in the state in which he is charged to have committed the offense, may be received as evidence before the magistrate. Legislation § 1550. Enacted February 14, 1872 (N. Y. Code Crim. Proc. §829); based on Crim. Prac. Act, Stats. 1851, p. 286, § 667, which had the words "or territory" after "state" in second instance. § 1551. When and for what time to be committed. If, from the examination, it appear that the accused has com- mitted the crime alleged, the magistrate, by warrant reciting § 1555 PENAL CODE. 682 the accusation, must eouiniit liiin to tlie pi-opcr custody in his county, for such time, to be specified in the warrant, as the magistrate may deem reasonal)le, to enal)le the arrest of the fugitive under the warrant of the executive of this state, on the requisition of the executive authority of the state in which he committed the offense, unless he gives bail as pro- vided in the next section, or until he is legally discharged. Legislation § 1551. Enacted February 14, 1872 (X. Y. Code Grim. Proc, §830); based on Grim. Prac. Act, Stats. ISol, p. 286, § 668, which read: "§ C68. If from the examination it appear that the ])erson cliarged has committed treason, felon}"-, or other crime charged, the magistrate, by warrant reciting the accusation, shall commit him to the iiroper custody within his county, for a time to be specified in the warrnnt, which the majiistrate may deem reason- able to enable the arrest of the fugitive under the warrant of the executive of this state, on the rerpiisition of the executive authority of the state or territory in which he committed the offense, unless he give bail as provided in the next section, or until he be legally discharged." § 1552. His admission to bail. The magistrate may admit the person arrested to bail by an undertaking with sufficient securities, and in such sum as he deems proper, for his ap- pearance before him at a time specified in the undertaking, and for his surrender to arrest upon the warrant of the gov- ernor of this state. Legislation § 1552. Enacted February 14, 1872 (N. Y. Gode Grim. Proc, § 831); in substance the same as Grim. Prac. Act, Stats. 1851, p. 287, § 6G9. § 1553. Magistrate must notify district attorney of the arrest. Immediately upon the arrest of the person charged, the magistrate must give notice thereof to the district attor- ney of the county. Legislation § 1553. Enacted February 14, 1872 (N. Y. Gode Grim. Proc, § 832); in substance the same as Grim. Prac. Act, Stats. 1851, p. 287, § 670. § 1554. Duty of the district attorney. The district at- torney must immediately thereafter give notice to the executive authority of the state, or to the prosecuting attor- ney or presiding judge of the court of the city or county within the state having jurisdiction of the offense, to the end that a demand may be made for the arrest and surren- der of the person charged. Legislation § 1554. Enacted February 14, 1872 (N. Y. Gode Grim. Proc, §833); based on Grim. Prac Act, Stats. 1851, p. 287, § 671, which had (1) the words "or territory" after "state" in both in- stances, and (2) the word "criminal" before "court." § 1555. Person arrested, vi^hen to be discharged. Tlie person arrested nnist be discharged from custody or bail, 683 PROCEJJDINGS AGAINST FUGITIVES FROM JUSTICE. § 1557 unless, before the expiration of the time designated in the warrant or undertaking, he is arrested under the warrant of the governor of this state. Legislation § 1555. Enacted February 14, 1872 (N. Y. Code Crim. Proe., § 834); in substance the same as Crim. Prac. Act, Stats. 1851, p. 2S7, § 672. § 1556. Magistrate to return his proceedings to superior court. The magistrate must return his proceedings to the superior court of the county, which must thereupon inquire into the cause of the arrest and detention of the person charged, and if he is in custody, or the time of his arrest has not elapsed, it may discharge him from detention, or may order his undertaking of bail to be canceled, or may continue his detention for a longer time, or readmit him to bail, -to appear and surrender himself within a time specified in the undertaking. [Amendment approved 1880; Code Amdts. 1880, p. 35. J Legislation § 1556. 1. Enacted February 14, 1872; based on Crim. Prac. Act, Stats. 1851, p. 287, § 673, whicli had the words "court of sessions" instead of "county court," as in original code section. 2. Amended by Code Amdts. 1880, p. 35, changing (1) "next county court" to "superior court," (2) "time for his arrest" to "time of his arrest," and (3) "time to be specified" to "time specified." § 1557. Accounts for returning fugitives. When the governor of this state, in the exercise of the authority con- ferred by section 2, article -4, of the constitution of the United States, or by the laws of this state, demands from the executive authority of any state of the United States, or of any foreign government, the surrender to the authori- ties of this state of a fugitive from justice, who has been found and arrested in such state or foreign government, the accounts of the person employed to bring back such fugi- tive must be audited by the board of control and paid out of the state treasury ; provided, however, that the state shall not pa}^ the expenses of any such person so employed where the fugitive returned is not placed on trial, but such ex- pense shall be a charge upon the county asking the requisi- tion. [Amendment approved 1913; Stats. 1913, p. 241.] Legislation § 1557. 1. Enacted February 14, 1872; based on Crim. Prac. Act, § 674, as amended by Stats. 1854, Kerr ed. p. 169, Eedding ed. p. 80, § 1, which read: "§ 674. When the governor of this state, in the exercise of the authority conferred by section two, article four, of the constitution of the United States, or by the laws of this state, shall demand from the executive authority of any state or territory of the United States, or of any foreign government, the surrender to the authorities of this state of a fugitive from .instice, who shall be found and arrested in such state, territory or foreign government, the acco\ints of the jierson employed l>y him to bring § 1564 rioNAL coDt:. , 684 back sudi I'uj^itive shall Ik- Mtulitcil liy the (•()ini)tr()lier, and paid out of the state treasury." Tlio section as enacted in 1872 was almost identical with the above, the only change consisting in the omission of the word "territory" in both instances in which it was used. 2. Amended by Stats. 1913, p. 211, tlic cliaii;^!' t'lDui the section as it was enacted in 1872 consisting in the addition of the proviso. § 1558. No fee or reward to be paid to or received by any public officer procuring' the surrender of fugitives, etc. No coinpensatioii, fee. or reward of any kind can be i)ai(l to or received by a public officer of tbis state, or other i)er- son, for a service rendered in procurin<:: from the <^overnor the demand mentioned in the last section, or the surrender of the fugitive, or for conveying him to this state, or de- taining him therein, except as provided for in such section. Legislation § 1558. Enacted February 14, 1872. CHAPTER V. Miscellaneous Provisions Respecting Special Proceedings of a Criminal Nature. § 15G2. Parties to special proceedings, how designated. § 1563. Entitling affidavits. § 1564. Subpoenas. § 1562. Parties to special proceedings, how designated. The party prosecuting a special proceeding of a criminal nature is designated in this code as the complainant, and the adverse party as the defendant. Legislation § 1562. Enacted February 14, 1872. § 1563. Entitling affidavits. The provisions of section fourteen hundred and one, in respect to entitling affidavits, are applicable to such proceedings. Erroneous title or want of title, effect of: See ante, §§ 1401, 1460. Legislation § 1563. Enacted February 14, 1872. § 1564. Subpoenas. The courts and magistrates before whom such proceedings are prosecuted may issue subpoenas for w^itnesses, and punish their disobedience in the same manner as in a criminal action. Legislation §1564 Enacted Fobruarv 14, 1872 685 BRINGING PRISONERS BEFORE COURT. § 1567 TITLE XIll. Proceedings for Bringing- Persons Imprisoned in the State Prison, or the Jail of Another County, Before a Court. § 1567. Persons imprisoned in the state prison or the jail of another count}', how brought before a court. § 1567. Persons imprisoned in the state prison or the jail of another county, how brought before a court. When it is necessary to have a person imprisoned in the state prison brought before any court, or a person imprisoned in a county jail brought before a court sitting iu auother county, an order for that purpose may be made by the court and executed by the sheriff of the county where it is made. Deposition of prisoner, when and how taken: See ante, § 1333. Prisoner as witness, proceedings on bringing in: See ante, § 1333. Legislation § 1567. Enacted February li, 1872; based on Crim. Prac. Act, Stats. 1S51, p. 289, § 6S3, which read: "§ 6S3. When it is necessary for any purpose to have a person who is in prison in any part of the state brought before a court of criminal jurisdiction, an order for that purpose may be made by the court, and the order shall be executed by the sheriff of the county where it is made." § 1570 I'KNAL CODK. G86 TITLE XIV. Disposition of Fines and Forfeitures. S l")7. 404), and the act of 1905 (Stats. 190;"). p. ."20), were codificij in the new §§ 1. "572-1. j'.Ki, inclu- sive." 4. The present Title 1 added by Stats. 1907, p. o84, the title of the act reading, "An Act to add a new title to Part III of the Penal Code, to be known as Title I thereof, relating to the government and management of the state prisons." Synopsis Original Code Title I. Title T. Of the State Prison and the Discharge of Prisoners Tiierefrom Before Their Term of Service Expires. Chapter I. Of the State Prison. 11. Of the Discharge of Prisoners Before the Expiration of Their Term of Service. Chapter I. Of the State Prison. § 1573. Under the charge and control of a board of directors (cited in 103 Cal. 225). § 1574. President pro tern, of senate, when to act as director, etc. § 1575. Compensation of directors. § 1576. Board must adopt rules and regulations. § 1577. Board may appoint warden and other officers. § 1578. Duties of clerk and other officers. § 1579. Monthly reports of officers. § 1580. Board must keep account of the funds received, etc., and report to the governor. § 1581. Persons convicted of of- fenses against the United States to be received in the prison. § 1582. Disposition of insane prisoners. § 1583. State prison fund. § 1584. State prison fund, how disbursed. § 1585. Board cannot con- tract debts. § 1586. Compensation of sheriffs for transportation of convicts (amended by Code Amdts. 1880, p. 31; section cited in 50 Cal. 119; 77 Cal. 595). § 1587. Contract to be given at public letting (added by Code Amdts. 1873-74, p. 467). Chapter II. Of the Discharge of Prisoners Before the Expiration of their Term of Service. § 1590. Credits for good behavior, how and when allowed (amended by Code Amdts. 1877-78, p. 124; section cited in 76 Cal. 516; 145 Cal". 187; 145 Cal. 188). §1591. Credits, when forfeited. §1592. Board to make rules and regulations to carry the provisions of this chapter into effect. § 1593. Board, when to report credits to governor. § 1594. Further powers of the board. § 1595. Board must report to the legislature prisoners whom they think should be pardoned. Go^•crnor may pardon if legislature recommend. § 1572. Names of state prisons. The state prisons of this state shall be known as the state prison at San Qnentin, which is situated in the county of JMarin, and which shall have an official staff conforming to the laws of the state in relation to state prisons; and the state prison at Folsom, which is situated in the county of Sacramento, and which shall have a similar staff and be similarly organized, and all the finances and accounts of the two prisons shall be kept separate and apart from each other. [Amendment approved 1909; Stats. 19U9, p. 427.] state prisons, acts relating to: See post, Appendix, tit. "State Prisons." 691 STATE PRISONS. § 1575 School of industry at lone, acts relating to: See post, Appendix, tit. "Scliool of Industry." School of refonn at Whittier, acts relating to: See post, Appen- dix, tit. "School of Keform." Legislation § 1572. 1. Added by Stats. 1907, p. .IS."). 2. Anieiidod l)y Stats. 1909, p. 427, inserting (1) "wliich is situated in the county of Marin, and" after "San Quentin," and (2) "which is situated in the county of Sacramento, and after "Folsom." See ante, Legislation Title I for code commissioner's note, etc. § 1573. Directors, how appointed. For the government and management of the state prisons there shall be ap- pointed by the governor, by and nnder the advice of the senate, five directors, who shall hold their office for the term of ten years, from and after the date of such appoint- ment; snch appointments to be made as vacancies occur in the board. In case of death or resignation of a director his successor shall be appointed to fill the unexpired term of such director by the governor, by and with the advice of the senate. Each director shall subscribe an oath of office, which shall be indorsed on his commission, within ten days after receiving written notice of such appointment, and a duplicate of such oath shall also be filed with the secretary of state. Legislation § 1573. Added by Stats. 1907, p. 585. See ante. Legis- lation Title I, for original code title, section, etc. § 1574. President of board, election and duties of. The board of directors shall annually elect one of their members president of the board, whose duty it shall be to preside at the meetings of the board and to perform such other duties as may from time to time be prescribed by the rules and regulations for the government of the board, and the clerk of said board of directors shall immediately notitV the gov- ernor in writing of such election. [Amendment approved 1909; Stats. 1909, p. -187.] Legislation § 1574. 1. Added by Stats. 1907, p. 5S5. 2. Amended by Stats. 1909, p. 487, (1) changing "meeting" to "meetings" after "preside at the"; (2) adding at end of section, "and the clerk of said board of directors shall immediately notify the governor in writing of such election." See ante. Legislation Title I, for original code title, section, etc. § 1575. Quorum. Three members of the board shall con- stitute a quorum for the transaction of all business, but no order of the board shall be valid unless concurred in by three or more members. Legislation § 1575. Added by Stats. 1907, p. 585. See ante. Legis- lation Title I, for original code title, section, etc. ?^ 1577 I'KNAL CODE. 692 §1576. Directors, duties of. It sliall ho tlio duty of tlui (lii'oetor.s [J^'ii'stJ to dctcnuiiic llio necessary officers and employees of the prisons other than those of tlie wardens and clerks, specifying their duties severally, and fixing their salaries; to prescribe I'ules and regulations for the government of the prisons, and to revise and change the same from time to time as circumstances may re(|uire, and to board and lodge the officers and employees, or allow them a money commutation in lieu thereof; provided, the warden may make temporary rules, in cases of emergency, to re- main in force until the succeeding meeting of the board. At least three of the directors shall visit the prisons once in each month, and oftener if necessary, at such time as they may select. The directors shall audit all claims for supplies, services, and expenses of officers and employees, and all other demands against the prison. Second. To enter or cause to be entered on their journal by the clerks all official acts which shall be signed by at least three members of the board. Third. On or before the first day of December of each year to report to the governor the condition of the prisons, together with detailed statements of receipts and expendi- tures, and such suggestions concerning the prisoners as may appear to be necessary and expedient. Fourth. The board of directors shall also adopt rules and regulations not inconsistent with the constitution and the laws of the state of California for the government of the board, and may change the same at their pleasure. Fifth. The board of directors shall have power to es- tablish an office in San Francisco, and employ a secretary. Legislation § 1576. Added by Stats. 1907, p. 586. See ante, Legis- lation Title I, for original code title, section^ etc. § 1577. Wardens, appointment of, and term of office. The board of directors sliall, within thirty days after this act becomes effective, appoint a w^arden for each prison, who shall take and subscribe an oath or affirmation faith- fully to discharge the duties of his office, as prescribed by law and by the rules and regulations of the board of direct- ors, and shall enter into a bond to the state of California, in the sum of twenty-five thousand dollars, with two or more sufficient sureties, said bond to be approved by the board of directors, the governor, and the attorney-general of the state, conditioned to the faithful performance of such duties as such officer aforesaid. Each warden shall hold his office for a term of four years from and after the date of the appointmeitt made in compliance with the provisions of 693 STATE PRISONS. § 1578 this section, and his compensation shall be fixed at the time of his appointment in conformity with the provisions of sec- tion fifteen hundred and eighty-two of the Penal Code. [Amendment approved 1909; Stats. 1909. p. 586.] Warden, compensation of: See post, § 15S2. Legislation § 1577. 1. Added by Stats. 1907, p. 58ii. 2. Amended by Stats. 1909, p. 586, (1) in first sentence, (a) add- ing, after "The board of directors shall," the words "within thirty days after this act becomes effective," (b) changing "to enter into" to "shall enter into," (c) adding "said bond" before "to be ap- proved," (d) adding "the governor" after "board of directors," and (e) omitting from end of sentence the words (which were the final words of the section as added in 1907) "and he shall hold his oflSce four years after such appointment"; (2) adding the final sentence. See ante Legislation Title I, for original code title, section, etc. § 1578. Duties of prison wardens. The wardens shall reside at the state prisons to wliich they are respectively assigned, in houses provided and furnished at the expense of the state, as may be ordered by the board of directors, and it shall be their duty : 1. To fill all subordinate positions that may be created by order of the board of directors, by appointment of suitable persons thereto. 2. Under the order and direction of the board, to prose- cute all suits, at laAv or in equity, that may be necessary to protect the rights of the state in matters or property con- nected with the prisons and their management, such suits to be prosecuted in the name of the board of state prison directors. 3. To supervise the government, discipline and police of the prisons, and to enforce all orders and regulations of the board in respect to such prisons. A registry of convicts shall be kept by them respectivelj^, in Avhich shall be entered the name of each convict, the crime of which he is convicted, the period of his sentence, from what county sentenced, by what court sentenced, his nativity, to what degree educated, at what institution and under what system, an accurate de- scription of his person, and whether he has previously been confined in a state prison in this or any other state, and if so, when and how he was discharged. 4. To report to the governor, before the twentieth of each month the names of all prisoners whose terms are al)out to expire, giving in such report the terms of their sentences, the date of imprisonment, the amount of total credits to the date of such report, and the date Avhou their service would expire by limitation of sentence. ^ 1578 PENAL CODE. 694 "). 'I'o «;ru(.le and elassii'y tlie prisoners, in accordance with the rules and regulations of the board of directors, now existing or which may hereafter be made, and to provide for clotliiiig them in such innuucr that llic difTerent grades or classes may Ix' readily distinguished. (). The wai'den of each slate prison or reformatory institu- tion must keep a punishnuMit book in which a record of all punishments and Avhat kind of ])unishments are adminis- tei-ed to prisoners or inmates, if any ; the offense committed ; the rule or rules violated; the nature of punishment admin- istered; the name of the officer who ordei'ed such punish- ment; the duration of time during which the offender was subjected to punishment; the condition of the prisoner's health ; the number of times punished. Said book shall be kept by an officer of the prison. 7. To perform such other duties as may be prescribed by the board of directors. [Amendment approved 1913; Stats. 1913, p. 1064.] Legislation § 1578. 1. Added bv Stats. 1907, p. .iS(5. 2. Amended l\v Stilts. 1809, p. 428, to read: "The warden shall re- side at the state prisons to which they are respectively assigned in houses provided and furnished at the expense of the state, as may be ordered by the board of directors, and it shall be their duty: First. To fill all subordinate positions that may be created by order of the board of directors by appointment of suitable persons thereto. Second. Under the order and direction of the board to prosecute all suits at law or in equity that may be necessary to protect the rights of the state in matters or proi)erty connected with tlie pris- ons and their management, such suits to be prosecuted in the name of the board of state prison directors. Third. To supervise the gov- ernment, discipline, and police of the prisons, and to enforce all orders and regulations of the board in respect to such prisons. A registry of convicts shall be kept by them respectively, in which shall be entered the name of each convict, the crime of which he is convicted, the period of his sentence, from what count}' sentenced, by what court sentenced, his nativity, to what degree educated, at what institution and under what system, an accurate description of his person, and whether he has been previously confined in a state prison in this or any other state, and if so, when and how he was discharged. Fourth. To report to the governor before the twentieth of each month the names of all prisoners whose terms are about to expire, gi\'ing in such report the terms of their sentences, the date of imprisonment, the amount of total credits to the date of such re- port, and the date when their service would expire by limitation of sentence. Fifth. To grade and classify the prisoners in accordance with the rules and regulations of the Ijoard of directors, now exist- ing or which may hereafter be made, and to provide for clothing them in such manner that the different grades or classes may be readily distinguished. Sixth. To perform such other duties as may be prescribed by the board of directors." The change in tlie ameml- ment of 1909 was (1) in introductory paragraph, changing "The wardens" 1o "The warden" (undoubtedly a tyjiographical error); (2) adding tlie piesent snbd. Fifth und siibd. Fifth of the 1907 sec- 695 STATE PRISONS. § 1581 tiou renumbered subd. Sixth. See ante, Legislation Title I, for orig- inal code title, section, etc. 3. Amended by Stats. 1913, p. 1064. § 1579. Prisoners, release and restoration of, to citizen- ship. The governor, at the expiration of the term for which any prisoner lias Veen sentenced, less the numher of days allowed and credited to him, mnst order the release of such prisoner, by an order nnder his hand, addressed to the warden of the prison in which he has been confined, in such mode and form as he may deem proper, and with or with- out restoration to citizenship, according to his discretion, and if he order the release of such prisoner without restora- tion to citizenship, he may at any time thereafter, in his dis- cretion, make a further order restoring to citizenship the prisoner so released. Legislation § 1579. Added by Stats. 1907, p. .587. See ante, Legis- lation Title I, for original code title, section, etc. § 1580. Clerks, appointment and duties of. The board of directors shall appoint a clerk for each prison, who shall take an oath of office and enter into a bond to the state, with sureties satisfactory to the board, in the sum of ten thousand dollars, conditioned that they Avill faithfully dis- charge the duties required of them. The clerks shall hold their office for the period of four years after such appoint- ments. The cleks shall keep the accounts of the prisons to which they are severally appointed, in such manner as to exhibit clearly all its financial transactions ; and the clerks shall perform such other duties as may from time to time be required of them by the board of directors. Legislation § 1580. Added by Stats. 1907, p. 587. See ante, Leg- islation Title I, for original code title, section, etc. § 1581. Removal of wardens, clerks, etc. No person shall be appointed to any office by the wardens or be em- ployed in the prisons on behalf of the state who is a con- tractor or agent, or who is interested directly or indirectly in any business carried on therein ; and no male person who is not a qiialified elector of the state of California shall be appointed by the Avardens to any office in or about the pris- ons, nor shall any be appointed or employed by virtue of this title, who is in the habit of intemperate use of liquors, and a single act of intemperance shall justify his discharge or removal, and it shall be the duty of such warden to dis- charge such person. Wardens and clerks may be removed by the board of directors at any time for misconduct, incom- petency, or neglect of duty: and all other officei-s and em- § 1583 TKNAL CODK. G*J6 ployees may l)e roiiioM'd at aii}- tinic at tlie pleasure of tlie wardens. Legislation § 1581. Added by Stats. 1907, j). 587. See ante, Legis- lation TitU' I, for cn'if^iiiiil codi' title, sei'tioii, etc. § 1582. Wardens and clerks, salaries, etc. Tlie wardens' salaries shall he iixed hy the hoai'd of dii-eetors at the time the appointments are made nnder the provisions of section fifteen hundred and seventy-seven of the Penal Code, which salaries shall not be changed during the term of office of such wardens. The board of directoi's shall also fix the salaries of the clerks and all other officers and employees in such amounts as the directors may deem just and equitable in each case. [Amendment approved l'J09 ; tStats. 1*J(J9, p. 428.] Warden, compensation of: See ante, § 1577. Legislation § 1582. 1. Added by Stats. 1907, p. 588, and then read: "1582. The wardens shall receive a salary of not less than twenty-four hundred dollars, and not to exceed three thousand dollars, per annum, in the discretion of the board of directors. The clerks shall receive a salary not to exceed eighteen hundred dollars per annum, and all other officers and employees shall receive such compensation as the directors may deem just and equitable in each case." 2. Amended by Stats. 1909, p. 428. See ante, Legislation Title I, for original code title, section, etc. § 1583. Contracts. The board of directors are hereby authorized and required to contract for provisions, clothing, medicines, forage, fuel, and all other staple supplies needed for the support of the prisons for any period of time, not exceeding one year, and such contracts shall be limited to bona fide dealers in the several classes of articles contracted for. Contracts for such articles as the board may desire to contract for, shall be given to the lowest bidder at a public letting thereof, if the price bid is a fair and reasonable one, and not greater than the usual market value and prices. Each bid shall be accompanied by such security as the board may require, conditional upon the bidder entering into a contract upon the terms of his bid, on notice of the accept- ance thereof, and furnishing a penal bond wath good and sufficient sureties in such sum as the board may require, and to their satisfaction that he will faithfully perform his con- tract. If the proper officer of the prison reject any article, as not complying with the contract, or if a bidder fail to fur- nish the articles awarded to him when required, the proper officer of the prison nuiy buy other articles of the l^ind re- jected or called for, in tlu^ open nuvrlu't, and deduct the 697 STATE PRISONS. § 1584 price tliereof, over the coutract price, from the ainoiuit due to the bidder, or charge the same up against him. Notice of the time, place, and conditions of the letting of contracts shall be given for at least two consecutive weeks in two ncAvspapers printed and published in the city and county of San Francisco, and in one newspaper printed and published in the city of Sacramento, and in the county where the prison to be supplied is situated. If all the bids made at such letting are deemed unreasonably high, the board may, in their discretion, decline to contract and may again adver- tise for such time and in such papers as they see proper for proposals, and may so continue to renew the advertisement until satisfactory contracts are made; and in the mean time the board may contract Avith any one whose offer is regarded as just and equitalle, or may purchase in the open market. No bid shall be accepted, nor a contract entered into in pursuance thereof, when such bid is higher than any other bid at the same letting for the same class or schedule of articles, quality considered, and when a contract can be had at such lower bid. When two or more bids for the same article or articles are eqnal in amonnt, the board may select the one Avhich, all things considered, may by them be thought best for the interest of the state, or they may divide the contract between the bidders, as in their judgment may seem proper and right. The board shall have power to let a contract in the aggregate or they may segregate the items, and enter into a contract with the bidder or bidders who may bid lowesu on the several articles. The board shall have the power to reject the bid of any person wdio had a prior contract, and who had not. in the opinion of the board, faithfully complied therewith. Legislation § 1583. Added by Stats. 1907, p. 588. See ante, Legislation Title I, for original code title, section, etc. § 1584. Moneys received at San Quentin or Folsom. All moneys received or collected by the warden of San Quentin prison shall be reported to the state controller on the first day of each and every month in such form as the controller may require, and, at the same time, shall, on the order of the controller, be paid into the state treasury to the credit of "the prison fund of San Quentin prison," except so much thereof as shall be necessarj^ to be paid into the jute revolv- ing fund as req?nred by the provisions of an act of the legislature, approved jMarch 9, 1885, and the act* amenda- tory thereof or supplemental thereto. All inone}^ received or collected by the warden of Folsom prison shall be re- § 1584 PENAL coul:. {)08 poi'tt'd to tlic state I'oiitroilci- on llic lirst duy of ('a<-li and every iiioiitli, in such form as the controller may require, and at tiie same time shall l)e paid into the state ti-easury to the credit of the Folsom state j)i-ison fund excepting' so much thereof as may be necessary to pay the expenses and money allowed discharjjed prisoners under the provisions of tliis title. Tlie wardens sliall requii-e vouchers for all moneys by them expended, and safely keep the same on file in their res])ective offices at the prisons. For all sums of money recpiired to be paid other than for the uses above named, as well as for said uses when there is not sufficient money in the hands of the warden, drafts shall be drawn on the controller of state, siijned by at least thi-ee of the directors, and the controller of state shall draw his warrant on the state treasurer, who shall pay the same out of any moneys belontiing to the state prison funds, or appropriated for the use or support of the state prisons. The amount of all money retained by the wardens, and the aggregate amount paid out, shall be reported (piarterly to the con- troller of state and the proper entries shall be made on the controller's books. [Amendment approved 1911; Stats. 1911. p. 91.] Legislation § 1584. 1. Added by Stats. 1907, p. 589. 2. Amended by Stats. 1909, p. 471, to read: "All moueys received or collected by the warden of San Quentin prison shall be reported to the state controller on the first day of each and every month in such form as the controller may require, and at the same time shall be paid into the general fund of the state treasury on the order of the controller, except so much thereof as shall be necessary to be paid into the jute revolving fund as required by the provisions of an act of the legislature approved March ninth, one thousand eight hundred and eighty-five, and amended March sixteenth, one thou- sand eight hundred and eighty-nine, and of any other act amenda- tory thereto or supplementary thereto, and also except so much thereof as shall be received liv the warden of said f^an Ouentin prison from the officers an-d employees thereof in payment for sup- plies purchased and for commissaries furnished to them by the said San Quentin prison which shall be paid by the warden of said San Quentin prison into the state treasury to the credit of the appro- priation for the support of said San Quentin prison. All moneys received or collected by the warden of Folsom prison shall be re- ported to the state controller on the first day of each and every month in such form as the controller may require and at the same time shall be paid into the state treasury to the credit of the Fol- som state prison fund, excepting so much thereof as may be neces- sary to pay the expenses and money allowed discharged prisoners under the provisions of this title. The wardens shall require vouchers for all moneys by them expended and safely keep the same o« file in their respective offices at the prisons. For all sums of money required to be paid other than for the uses above named, as well as for said uses when there is not sufficient money in the hands of the warden, drafts shall be drawn on the controller of the 699 STATE PRISONS. § 1586 state, signed by at least three of the directors, and the controller of state shall draw his warrant on the state treasurer who shall pay the same out of any moneys belonging to the state prison fund or appropriated for the use or support of the state prisons. The amount of all money retained by the wardens and the aggregate amount paid out shall be reported quarterly to the controller of state and the proper entries shall be made on tlie controller's books." The change in the amendment of 1907 consisted: (1) in first sentence, adding the second exception at end of sentence, be- ginning "and also except"; (2) two changes are made from the section as added in 1907, both either clerical or typographical errors, (a) in first sentence, preceding the addition noted supra, the change of "amendatory thereof" to "amendatory thereto," and (b) in sentence beginning "For all sums," the change of "controller of state" to "controller of the state." 3. Amended by Stats. 1911, p. 91. See ante. Legislation Title I for original code title, section, etc. § 1585. Moneys collected by wardens, receipts to be given for. All revenues of the prisoiis, unless in this title otherwise provided, shall he paid to the wardens, wdio alone are authorized to receipt for the same and discharge from liability. When any sum of money is paid to the wardens, who alone are authorized to receipt for the same and dis- charge from liability, they shall cause the same to be prop- erly entered on the books by the clerks. On payment of any moneys into the state treasury, as provided in this title, the wardens and state treasurer shall report to tbe con- troller of state the amount so paid, and the state treasurer shall give the wardens a receipt therefor, which receipt shall be filed with the controller. The wardens shall report to the controller of state the amount of money paid into said treasury by them during each month, and shall also report to said controller of state the amounts received and dis- bursed by them every three months, and during the period for which such report shall be made, which quarterly report shall be signed by the warden and at least three of the directors. Legislation § 1585. Added by Stats. 1907, ix 589. See ante, Legislation Title I, for original code title, section, etc. § 1586. Convicts, employment of. All convicts may be employed by authority of the board of directors, under charge of the wardens respectively and such skilled foremen as he may deem necessary in the performance of Avork for the state, or in the manufacture of any article or articles for the state, or the manufacture of which is sanctioned by law\ At San Quentin no articles shall be manufactured for sale except jute fabrics. At Folsom after the completion of the dam and canal the board may commence the erection § 1587 PENAL CODE. 700 of si I'lii't iircs lor jiilc )ii;Miiir;i<'t iii'iii^' purposes. 'I'lii- l)oar(l ol' (lii'Cftoi's arc li('i'c'l>.y aullioi'izcd to purcliasc^ iVoiu time to time such tools, niacliiiicry, and materials, and to direct the em])loymeiit ol! siu-h skilled roi'cmcii as may be necessary to carry out the provisions of this section, and to dispose of the articles manufactured, and not needed by the state, for cash, at private sale, in such manner as provided by law. Legislation § 1586. Addorl by Stats. 1907, p. 590. See ante, Ij^gislation Title 1, for oiii'lnal code 1itl(\ seclioii, etf. § 1587. Prisoners, treatment of. In the treatment of the pi'isoners the I'ollowinf? jicnoral rules shall be observed: First. Each convict shall be provided -with a bed of stra'w or other suitable material, and sufficient covering of blankets, and shall be supplied with garments of coarse, sub- stantial material, of distinctive manufacture, and with suffi- cient plain and wholesome food of such variety as may be most conducive to good health. Second. No punishment shall be inflicted except by the order and under the direction of the wardens. Third. The warden shall keep a correct account of all money and valuables upon the prisoner when delivered at the prison, and shall pay the amount, or the proceeds thereof, or return the same to the convict when discharged, or to his legal representative in case of his death ; and in the case of the death of such convict without being released, if no legal representative shall demand such property within five years, the same shall be paid into the state j^rison fund. Fourth. The rules and regulations prescribing the duties and obligations of the prisoners shall be printed and hung up in each cell and shop. Fifth. Each convict, when he leaves the prison, shall be supplied with the money taken from him when he entered, .and which he has not disposed of, together with any sum which may have been earned by him for his OAvn account, allowed to him by the state for good conduct or diligent labor, or may have been presented to him from any source; and, in case the prisoner has not funds sufficient for pres- ent purposes, he shall be furnished with five dollars in money, a suit of clothes, costing not more than ten dollars, and [his fare] by the cheapest route to the place where sen- tenced from, if the prisoner desires to return there, or to any other place of the same cost [for transportation] ; and he shall be entitled, if he so elect, to immunity from having his hair cut, or from being shaved, for three calendar months immediately prior to his discharge. It shall not be lawful for the officers of the prison to furnish, or permit to 701 STATE PKISOMS. § 1587 be furnished, to any one, for publication, the name of any prisoner about to be discharged. AVhen the warden, and such other officers as may be designated by the directors to act with him in such cases, shall be of opinion that any con- vict is insane, they shall make proper examination, and if they remain of the opinion that such person is insane, the warden shall certify the fact to the superintendent of one of the state asylums for the insane, and shall forthwith send such convict to said asylum for care and treatment. If at the expiration of the term of sentence the insane convict is still in the insane asylum, he shall be allowed to remain there until discharged cured. It shall be the duty of the Avarden, also, to send to the directors a copy of such certifi- cate, and thereafter a statement as to his subsequent acts regarding the said insane convict. And it shall be the duty of the superintendent of the insane asylum to receive such insane convict and keep him until cured. It shall be his duty, upon receipt of such insane convict, to notify the di- rectors of the fact, giving name, date, and where from, and from whose hands received. When, in the opinion of the superintendent, such insane convict is cured of insanit.y, it shall be his duty to immediately notify the directors thereof ; and it shall be his duty also to notify the warden of the prison from whence he was received, who shall immediately send for, take, and receive the said convict back into the prison, the time passed at the asylum counting as a part of such convict's sentence. Before discharging any convict who may be insane at the time of the expiration of his sen- , fence, the warden shall first give notice, in writing, to a judge of the superior court of the county in which the state prison may be located, over which he has control, of the fact of such insanity ; whereupon said court shall forthwith make an order, and deliver the same to the sheriff of said county, commanding him to remove such insane convict and take him before said court. Upon the receipt of such order, it shall be the duty of said sheriff, to whom it is directed, to execute, and return the same forthwith to the court by whom it was issued, and thereupon the said court shall cause proper examination to be made by medical experts, and if it shall satisfactorily appear that such convict is insane, said court shall order him to be confined in one of the in- sane asylums. The sheriif shall receive the same compensa- tion as for transferring a prisoner to the state prison, and to be paid in the same manner. If any judge, after hav- ing been notified by the warden, shall neglect to cause such order to be made, as herein provided, or any such sheriff shall neglect to remove such insane convict, as required by § 1588 I'ENAL CODI:. 702 llio ])l•()^■isi()n.s of tliis soetioii, it sliall ])e tlie duty of the wiirdeu to cause sucli iusauc convict to l)e vomoved before a superior court of a county in which the state prison is located, in charge of an officer of the prison, or otlier suit- able person, for the purpose of examination ; and the cost of such removal shall be paid out of the state treasury, in the same manner as when removed by the sheriff, as in this title provided. Legislation § 1587. Added by Stats. 1907, p. 590. Sec ante, Legislation Tille I, for original code title, Kection, etc § 1588. Prisoners, credits of. The state board of prison directors shall i'e(|nire of awry able-bodied convict confined in a state prison as many hours of faithful lal)or in each and every day during his term of imprisonment as shall be pre- scribed by the rules and regulations of the prison. Every convict who shall have no infraction of the rules and regu- lations of the prison, or laws of the state, recorded against him, and who performs in a faithful, orderly, and peaceable manner the duties assigned to him, shall be allowed from his term, instead and lieu of the credits heretofore allowed by law, a deduction of two months in each of the first two years, four months in each of the next two years, and five months in each of the remaining years of said term, and pro rata for any part of a year, where the sentence is for or more or less than a year. The mode of reckoning credits shall be as shown in the following table: No. of Years of Sentence. Good Time Granted. Total Good Time Made. Time to be Served if Full Time is Made. First year. . . . Second year. . Third year. . . Fourth year. . Fifth year. . . . Sixth year. . . Seventh year. Eighth year. . Ninth year. . . Tenth year. . . 2 months. 2 months . 4 months . 4 months . 5 months . 5 months . 5 months . 5 months . 5 mouths. 5 months. 2 months 4 months 8 months 1 year 1 year and 5 months. . 1 year and 10 months. 2 years and 3 months. 2 years and 8 months. 3 years and 1 month. . 3 years and 6 months. 10 , . 1 year and 8 .2 years and 4 , . 3 years and 7 .4 years and 2 . .4 years and 9 , .5 years and 4 ,5 years and 11 , . 6 years and 5 months, months, months. 3 years, months, months, months, months, months, months. And SO on, through as many years as may be the term of the sentence. Each convict shall be held entitled to these deductions, unless the board. of directors shall find that for misconduct or other cause he should not receive them. But if any convict shall commit any assault upon his keeper, or any foreman, officer, convict, or person, or otherwise endan- ger life, or shall be guilty of any flagrant disregard of the rules of the prison, or commit any misdemeanor, or in any 703 STATE PRISONS. § 1590 manner violate aii.y of the rules and regulations of the prison, he shall forfeit all deductions of time earned by him ■for good conduct before the commission of such offense, or that, under this section, he may earn in the future, or shall forfeit such part of such deductions as to the board of directors may seem just ; such forfeiture, however, shall be made only by the board of directors after due proof of the offense and notice to the offender ; nor shall any forfeiture be imposed when a party has violated any rule or rules without violence or evil intent, of which the directors shall be the sole judges. The board shall have power to restore credits forfeited, for such reasons as by [to] them may seem proper. Legislation § 1588. Added by Stats. 1907, p. .592. See ante, Legislation Title I, for original code title, section, etc. § 1589. Prisoners, United States. All criminals sen- tenced to the state prisons by the authority of the United States shall be received and kept according to the- sentence of the court by which they Avere tried, and the prisoners so confined shall be subject in all respects and [to] discipline and treatment as thoiigh committed under the laws of this state. The wardens are hereby authorized to charge and receive from the United States, for the use of the state, an amount sufficient for the support of each prisoner, the cost of all clothing that may be furnished, and one dollar per month for the use of the prisoner. No other or further charge shall be made by any officer for or on account of such prisoners. Legislation § 1589. Added by Stats. 1907, p. 593. See ante. Legislation Title I, for original code title, section, etc. § 1590. Directors, powers of. The board of directors shall have power to contract for the supply of gas and water for said prisons, upon such terms as said board shall deem to be for the best interests of the state, or to manufacture gas. or furnish water themselves, at their option. They shall also have power to erect and construct, or cause to be erected and constructed, electrical apparatus or other illum- inating-works in their discretion with or without contract- ing therefor, on such terms as they may deem just. The board shall have full power to erect any building or struc- ture deemed necessary by them, or to alter or improve the same, and to pay for the same from the fund appropriated for the use or support of the prisons, or from the earnings thereof, without advertising or contracting therefor ; pro- vided, that no building or structure ,' the cost of which will § 1593 PENAL com:. 704 exceed fixe t lioiisiuitl dollnrs, slinll lie ereeleil or const I'licted without first ohtciininj^' the consent of the governor, secre- tary, and treasui-ei- ol" the state, or a majority thereof. The board shall have po^\•er to yive for nicritoi'ious service to any convict discharged, or about to be discharged, a sum in addition to that already allowed, not exceeding ten dollars. Legislation § 1590. Addod by Stats. 1907, p. ."9.3. See ante, Ijcyislalioii Title I, for (irii,niial code title, seotion, etc § 1591. Officers and employees, not to receive other com- pensation than that allowed by directors. No officer oi- em- ployees shall receive directly, or indirectly, any compensa- tion for his services other than that prescribed by the directors; nor shall he receive any compensation whatever, directly or indirectly, for any act or service which he may do or perform for or on behalf of any contractor, or agent, or employee of a contractor. For any violation of the pro- visions of this section the officer, agent, or employee of the state shall be discharged from his office or service; and every contractor, or employee, or agent of a contractor en- gaged therein, shall be expelled from the prison grounds, and not again permitted within the same as a contractor, agent, or employee. Legislation 1591. Added hy Stats. 1907, p. .39:!. See ante, Legislation Title I, for original r-ode title, section, etc. § 1592. Officers and employees, not to make or receive gifts, etc. No officer or employee of the state, or contractor, or employee of a contractor, shall, without permission of the board of directors, make any gift or present to a con- vict, or receive any from a convict, or have any barter or dealings with a prisoner. For every violation of the pro- visions of this section, the party engaged therein shall incur the same pf«ialty as prescribed in section one thousand five hundred and ninety-one of this code. No officer or em- ployee of the prison shall be interested, directly or indi- rectly, in any contract or purchase made or authorized to be made by any one for or on l)ehalf of the prisons. Legislation § 1592. Added by Stats. 1907, p. 593. See ante. Legislation Title I, for original code title, section, etc. § 1593. Annual reports. There shall be printed annu- ally for the use of the prisons five hundred copies of the annual report of the board of directors, and the clerk shall annually transmit to each of the state prisons in the United States one copy of such report. Legislation § 1593. Added by Stats. 1907, p. .394. See ante, Legislation Title T, for original code title, section, etc. 705 STATE PRISONS. § 1596 § 1594. Bonds of officers and employees. All the bonds of officers and employees under this title shall be deposited with the secretary of state. Legislation §1594. Added by Stats. 1907, p. 594. See ante, Legislation Title I, for original code title, section, etc. §1595. Rebuilding- of buildings destroyed by fire. If any of the shops or buildiuys in which convicts are em- ployed are destroyed in any way, or injured by fire or other- wise, they may be rebuilt or repaired immediately, under the direction of the board of directors, by and with the ad- vice and consent of the governor, attorney-general, and secretary of state, and the expenses thereof paid out of any funds in the state treasury not otherwise appropriated by law. Legislation § 1595. Added by Stats. 1907, p. 594. See ante, Legislation Title I, for original code title, section, etc. § 1596. Reports. The board of directors must report to the governor from time to time the names of any and all persons confined in the state prisons who, in their judgment, ought to be pardoned out and set at liberty on account of good conduct, or unusual term ol sentence, or any other cause, which, in their opinion, shoi.ld entitle the prisoner to pardon. Legislation § 1596. Added by Stats. 1907, p. 594. See ante, Legislation Title I, for original code title, section, etc. Pen. Code— 45 § 1597 PENAL CODE. 706 TITLE II. County Jails. § 1.'97. Comity jails, by whom kept and for what used. § l.")98. Ifoonis required in county jails. § 1599. Prisoners to be classified. § IGOO. Prisoners committed must bo actually confined. §1601. Sheriff to receive prisoners committed by United States courts. § 1602. SherifT or jailer answerable for safe-keeping of such prison- ers. § 1603. When jail in contiguous county may be used. § 1604. Keeper of jail in contiguous county to receive prisoners. § 1605. When jail in contiguous county is not to be used. § 1606. Prisoners to be returned to proper county. § 1607. Prisoners may be removed in case of fire. § 1608. Prisoners may be removed in case of pestilence. § 1609. Papers served on jailer for prisoner. § 1610. Guard for jail. § 1611. Sheriff to receive all persons duly committed. § 1612. Prisoners on civil process, when not to be received. § 1613. Prisoners may be required to labor. § 1614. Rules and regulations for the performance of labor. Credits for good behavior of prisoner confined in county jail. § 1615. Hair-cutting for sanitary purposes. § 1616. Care of femal ; prisoners in county jails. § 1597. County jails, by whom kept and for what used. The coniinon jails in the several counties of this state are kept by the sheriffs of the counties in which they are re- spectively situated, and are used as follows : 1. For the detention of persons committed in order to secure their attendance as witnesses in criminal eases; 2. For the detention of persons charged with crime and committed for trial ; 3. For the confinement of persons committed for con- tempt, or upon civil process, or by other authority of law ; 4. For the confinement of persons sentenced to imprison- ment therein upon a conviction for crime. ' School of industry at lone, acts relating to: See post, Appendix, tit. "School of Industry." School of reform at Whittier, acts relating to: See post, Appendix, tit. "School of Reform." Legislation § 1597. Enacted February 14, 1872; based on Stats. 1851, p. 192, § 17, which read: "§17. The county jail shall be kept lay the sheriff and used as a prison. 1st. For the detention of per- sons committed as witnesses in a criminal action. 2d. For the de- tention of persons committed for trial for a public offense. 3d. For the confinement of persons committed upon civil process: and 4th. For the confinement of persons sentenced to confinement therein, upon conviction for a public offense, or for examination, charged with having committed a public offense." 707 COUNTY JAILS. § 1601 § 1598. Rooms required in county jails. Each county jail must coutaiu a sufficient number of rooms to allow all persons belonging to either one of the following classes to be confined separately and distinctly from persons belong- ing to either of the other classes : 1. Persons committed on criminal process and detained for trial ; 2. Persons already convicted of crime and held under sentence ; 3. Persons detained as witnesses or held under civil pro- cess, or under an order imposing punishment for a contempt ; 4. Males separately from females. Males and females to be separated: See post, § 1599. Legislation § 1598. Enacted February 14, 1872; based on Stats. 1851, p. 192, § 19, whieh read: "§19. The court of sessious of the county shall cause a county jail to be erected at the county seat, in case such jail has not been already erected, or shall provide some suitable place for the safe-keeping of prisoners, which place, until the erection of a jail, is considered in this act as the county jail The county jail, or the place provided as such shall contain a suffi- cient number of rooms: 1st. For the confinement of persons com- mitted for trial in criminal actions, separate and distinct from prisoners under sentence. 2d. For the confinement of prisoners under sentence. 3d. For the confinement of persons committed on civil process, or as witnesses in criminal actions, separate from those mentioned in the last two subdivisions." § 1599. Prisoners to be classified. Persons connnitted on criminal process and detained for trial, persons convicted and under sentence, and persons committed upon civil pro- cess, must not be kept or put in the same room, nor shall male and female prisoners (except husband and Avife) be kept or put in the same room. Legislation § 1599. Enacted February 14, 1872; in substance the same as Stats. ISol, p. 193, § 20. § 1600, Prisoners committed must be actually confined. A prisoner committed to the county jail for trial or for examination, or upon conviction for a public offense, must be actually confined in the jail until he is legally dis- charged ; and if he is permitted to go at large out of the jail, except by virtue of a legal order or process, it is an escape. Legislation § 1600. Enacted February 14, 1872; in substance the same as Stats. 1851, p. 194, § 32. § 1601. Sheriff to receive prisoners committed by United States courts. The sheriff must receive, and keep in the county jail, any prisoner committed thereto by process or § 1604 PENAL CODE. 708 order issued under tlie authoi-ity of the United States, until he is disehar^ed aecordinir to law, as if he had been com- nutted under process issued under the authority of this state; provision beint;' made by the United States for the support of sueli prisoner. Legislation § 1601. Enacted I'cl.nuuv J4. 1872; in sul)staiu'c llic samr ns Stats. ISf)!, p. ]<)(], '^ 11. § 1602. Sheriff or jailer answerable for safe-keeping of such prisoners. A slieiiff. to whose custody a prisoner is coniniitted, as provided in the last section, is answerable for his safe-keepino- in the courts of the United States, accoi'dinu' to the laws thereof. Legislation § 1602. Knacted l'\'bruary 1!, 1872; in Kul).stance tlie same as Stats. 1851, p. 19(i, § i2. § 1603. When jail in contiguous county may be used. When there is no jail in the county, or Avhen the jail l)cconies unfit or unsafe for the confinement of prisoners, the judge of the superior court may, by a written order filed with the county clerk, designate the jail of a contiguous county for the confinement of the prisoners of his county, or of any of them, and may at any time modify or vacate such order. [Amendment approved 1905; Stats. 1905, p. 709.] Legislation § 1603. 1. Enacted February 14, 1872; in substance the same as Stats. ISol, p. 193. § 21. When enacted in 1872, § 1603 read: "1603. When there is no .jail in the county, or when the jail becomes unfit or unsafe for the confinement of prisoners, the county judge may, by a written appointment filed with the county clerk, designate the jail of a contiguous county for the confinement of the prisoners of his county, or of any of them, and may at any time modify or annul the appointment." s 2. Amendment hj Stats. 1901, p. 503; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 709. § 1604. Keeper of jail in contiguous county to receive prisoners. A copy of the appointment, certified by the county clerk, must be served on the sheritT or keeper of the jail designated, who must receive into his jail all pris- oners authorized to be confined therein, pursuant to the last section, and who is responsible for the safe-keeping of the persons so committed, in the same manner and to the same extent as if he was sheriff of the county for whose use his jail is desigiuited, and with respect to the persons so committed he is deemed the sheriff of the county from which they were i-emoved. Legislation § 160-4. Enacted February 14, 1872; in substance the same as Slats. 1851, p. 193, § 22. 709 COUNTY JAILS. § 1609 § 1605. When jail in contiguous county is not to be used. When a jail is erected in a eounty for the use of wliieh tlie designation was made, or its jail is rendered fit and safe for the confinement of prisoners, the judge of the superior court of that county must, ])y a written revocation, filed with the county clerk thereof, declare that the necessity for the designation has ceased, and that it is revoked. [Amendment approved 1905; Stats. 1905, p. 710.] Legislation § 1605. 1. Enacted February 14, 1872; in substance the same as Stats. 1851, p. 193, § 2.3. 2. Amendment by Stats. 1901, p. 50.3; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 710, changing (1) "in the county" to "in a county," and (2) "county judge" to "judge of the superior court." § 1606. Prisoners to be returned to proper county. The county clerk must immediately serve a copy of the revoca- tion upon the sheriff of the county, who must thereupon remove the prisoners to the jail of the county from which the removal was had. Legislation § 1606. Enacted February 14, 1872; in substance the same as Stats. 1851, p. 193, § 24. § 1607. Prisoners may be removed in case of fire. When a county jail or a building contiguous to it is on fire, and there is reason to apprehend that the prisoners may be in- jured or endangered, the sheriff or jailer must remove them to a safe and convenient place, and there confine them as long as it may be necessary to avoid the danger. Legislation § 1607. Enacted February 14. 1872; in substance the same as Stats. 1851, p. 193, § 25. § 1608. Prisoners may be removed in case of pestilence. When a pestilence or contauious disease breaks out in or near a jail, and the physician thereof certifies that it is liable to endanger the health of the prisoners, the county judge may, by a written appointment, designate a safe and convenient place in the county, or the jail in a contiguous county, as the place of their confinement. The appointment must be filed in the office of the county clerk, and authorize the sheriff to remove the prisoners to the place or jail desig- nated, and there confine them until they can be safely re- turned to the jail from which they were taken. Legislation § 1608. Enacted February 14, 1872; in substance the same as Stats. 1851, p. 193, § 26. § 1609. Papers served on jailer for prisoner. A sheriff or jailer upon whom a paper in a judicial proceeding. § 1613 PENAL CODE. 710 (lirtM'tcd to ;i prisoiu-i- in his custod}-. is served, iiiiist I'orth- witli deliver it to tlie prisoner, with a note thereon of the time of its service. For a neg^lect to do so he is liable to the prisoner foi* all damages oeeasioned thereby. Legislation § 1609. EiiacfcMl Ffhrnnrv II. 1872; in siilist:im-f tlic sanio as Stats. 1S.-,1. p. 194, § 2S. §1610. Guard for jail. The sliei'iff, Avlicn necessary, may, with the assent in writing' of the connty judge, or in a city, of the mayor thereof, employ a temporary guard for the protection of the county jail, or for the safe-keeping of prisoners, the expenses of Avhich are a connty charge. Legislation § 1610. Enacted 'Fcbrnarv 14, 1872; in .substance the same as .Stats. 1851, p. 104, § 29. , § 1611. Sheriif to receive all persons duly committed. The sheriff must receive all persons committed to jail by competent authority, and provide them with necessary food, clothing, and bedding, for which he shall be allowed a rea- sonable compensation, to be determined by the board of supervisors, and, except as provided in the next section, to be paid out of the county treasury. Legislation § 1611. Enacted February 14, 1872; in substance the same as Stats. 18-51, p. 194, § 30. § 1612. Prisoners on civil process, when not to be re- ceived. Whenever a person is committed upon process in a civil action or proceeding, except when the people of this state are a party thereto, the sheriff is not bound to receive such person, unless security is given on the part of the party at whose instance the process is issued, by a deposit of money, to meet the expenses for him of necessary food, clothing, and bedding, or to detain such person any longer than these expenses are provided for. This section does not apply to cases where a party is committed as a punish- ment for disobedience to the mandates, process, writs, or orders of court. Prisoners under civil and criminal process to be kept separate: See ante, § 1599. Legislation § 1612. Enacted February 14, 1872; in substance the same as Stats. 1851, p. 194, §31. § 1613. Prisoners may be required to labor. Persons confined in the county jail under a judgment of imprison- ment rendered in a criminal action or proceeding, may be requireH by an order of the board of supervisors to perform labor on the public works or ways in the county. Legislation § 1613. Enacted February 14, 1872. 711 COUNTY JAILS. § 1616 § 1614. Rules and regulations for the performance of labor. Credits for good behavior of prisoner confined in county jail. The board of supervisors makiufr such order may preser-ibe and enforce the rules and regulations under which such labor is to ])e performed; and provide clothing of such a distinctive character for said prisoners as such board, in its discretion, may deem proper. For each month in which the prisoner appears, by the record, to have given a cheerful and willing obedience to the rules and regula- tions, and that his conduct is reported by the officer in charge of the jail to be positively good, five days shall, with the consent of the board of supervisors, be deducted from his term of sentence. [Amendment approved 1893 ; Stats. 1893, p. 298.] Legislation § 1614. 1. Enacted February 14, 1872. When en- acted in 1S72, § 1(J14 was composed of the first clause of the first sentence of the present section, ending with the words "to be per- formed." 2. Amended by Stats. 1893, p. 298. § 1615. Hair-cutting for sanitary purposes. "Whenever the board of health of any city or county, or the board of supervisors of any county, or the county physician of any .iounty of this state, presents, or causes to be presented to the sheriff, or other officer having charge of any county jail or prison in any county or city, in this state, a certifi- cate, or order, in writing, to the effect that it is by them, or him, considered necessary for the purpose of protecting . Such reiiiak; prisoners shall be so kei)t tliat tiiey cannot see or be seen by, or converse with, any male prisoners confined in said jail, and it shall be unlawful for any male ot'licer or jailer to search the per- son of any female prisonei", or to enter into the room or cell occupied by any female prisoner, except in the company of sucli matron or woman having the care of such fenmle pris- oner. Legislation § 1616. Added by Stats. 1911, p. i)li. Approved Fel.ruary 14, 1872. NEWTON BOOTH, Governor. APPENDIX. (7i;?) APPENDIX. ADULTERATION. Butter and cheese: See post, tit. "Butter." Olive-oil: See post. tit. "Olive-oil." An Act to prohihit (Did punish tlic sale of adulterated syrup. [Approved March 29, 1S78; Stats. 1877-78, p. 695.] § 1. Selling adulterated svrup. § 2. Penalty. § 3. Act takes effect when. Selling adulterated syrup. Section 1. Any person who shall knowingly sell, or keep, or offer for sale, or otherwise dispose of any syrnp, or golden-drips syrup, silver-drips syrup, or molasses, con- taining muriatic or sulphuric acids, or glucose, or adulter- ated with any other substance to improve the color thereof. shall be guilty of a misdemeanor, Penalty. Sec. 2. Any person violating the provisions of section one of this act shall be punished, and imprisoned in the county .jail of the county in which the offense is committed for a period not exceeding six months, or by a fine not ex- ceeding five hundred dollars, or both. Act takes effect when. Sec. 3. This act shall take effect from and after its passage. An Act to proliibit the sopJiistication and adulteration of wine, and to prevent fraud in the manufacture and sale thereof. [Approved March 7, 1887; Stats. 1887, p. 46.] Eepealed April 26, 1911; Stats. 1911, p. 1110. (715) TIG APPENDIX. A)i Act to prevent deception in the niainifaclurc and s(de of California luines by establishing a uniform wine nomen- clature for pure wines, to secure its enforcement, and to provide a penalty for the violation of the provisions thereof. [Approved March (5, 1907; Stats. 1907, p. 127.] § 1. Uniform wine nomenclature. § 2. Unlawful to use prefix on impure wines. § 3. Same. § 4. Pure wine defined. § 5. Penalty for violation of act. § 6. Act takes effect when. Uniform wine nomenclature. Section 1. A uniform wine nomenclature is hereby adopted for pure wines manufactured in this state from the juice of the grape. Such wine nomenclature shall consist in the use of the prefix ''Cal" or "Gala" to the name of any kind, type, name or abbreviation of name of wine, as for example : "Calclaret." "Calburgundy," "Calariesling," etc., in stamping or labeling such wines. Unlawful to use prefix on impure wines. Sec. 2. And it shall be unlaAvful for any person, firm or corporation, in this state, to use such prefix in connection with wine nomenclature upon any imprint, label, trade- mark, tag, stamp, stencil, paper, or brand, or other inscrip- tion or device, placed or impressed upon any vessel, bottles, cask, barrel, case, or package, containing any liquid sub- stance other than pure wine of California manufacture, made from the juice of the grape ; or to use in marking, branding, stamping, stenciling, tagging, or labeling any vessel, bottle, cask, barrel, case, or package containing any liquid other than pure wine of California manufacture, made from the juice of the grape, any imitation or counter- feit of such nomenclature, or any paper or brand in the similitude or resemblance thereof, or any paper or brand of such form and appearance as to be calculated to mislead or deceive any unwary person or cause him to suppose the contents thereof to be pure wine of California manufacture, origin or i^roduction, made from the juice of the grape. Same. Sec. 3. And it shall be unlawful for any person, firm, or corporation, in this state, to sell or offer for sale, or have in his or its possession, for sale, any liquid substance marked, branded or labeled by the use of such wine nomen- clature aforesaid, or by the use of any mark, or brand, or ADULTERATION. 717 stencil in semblance thereof, nnless the same ])e pui'<' wine of California mannfaeture, made from the jnice of the grape. Pure wine defined. Sec. 4. For the purposes of this act, pure wine shall be such as is defined to be pure wine under the provisions of the laws of the United States relating to the fortification of pure sweet wines, and of the food and drugs act, adopted by the Congress of the United States, and approved June 30th, 1906, and under laws of the state of California now or hereafter adoi^ted. Penalty for violation of act. See. 5. AVhoever violates any of the provisions or sec- tions of this act shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine of not less than one hundred dollars ($100.), nor more than one thousand dollars ($1000.), or by imprisonment in the county jail for not less than thirty days, nor more than six months, or by both such fine and imprisonment, in the dis- cretion of the court. Act takes effect when. Sec. 6. This act shall take effect sixty days after its passage. An Act to provide against the adulteration of food and drugs. [Approved March 26, 1895; Stats. 1895, p. 71.] § 1. Adulterated drugs or food. § 2. "Drug" defined. "Food" defined. § 3. Drug adulteration defined. Food adulteration defined. Excep- tions. § 4. Must furnish samples for analysis. § 5. Penalty. § 6. Act takes effect when. Adulterated drugs or food. Section 1. No person shall, within this state, manufac- ture for sale, offer for sale, or sell any drug or article of food which is adulterated wdthin the meaning of this act. "Drug" defined. "Food" defined. Sec. 2. The term "drug," as used in this act, shall in- clude all medicines for internal or external use, antiseptics, disinfectants, and cosmetics. The term "food," as used herein, shall include all articles used for food or drink by man, whether simple, mixed, or compound. 71S AIM'KNDIX. Drug adulteration defined. Food adulteration defined. Exceptions. Sec. 3. Ally article shall bo deeinod to be adulterated within the meaning of this act : (a) In the case of drugs: (1) If, when sold under or by a name recognized in the United States Pharmacopoeia, it differs from the standard of .strength, quality, or purity laid down therein. (2) If, when sold under or by a name not recognized in the United States Pharmacopoeia, but which is found in some other pharmacopoeia or other standard work on materia medica, it differs materially from the standard of strength, quality, or purity laid down in such Avork. (3) If its strength, quality, or purity falls be- low the professed standard under which it is sold. (b) In the case of food: (1) If any substance or sub- stances have been mixed with it, so as to lower or depreciate, or injuriously affect its quality, strength, or purity. (2) If any inferior or cheaper substance or substances have been substituted wholly or in part for it. (3) If any valuable or necessary constituent or ingredient has been whoUj^ or in part a'stracted from it. (4) If it is an imitation of, or is sold under the name of, another article. (5) If it con- sists wholly, or in part, of a diseased, decomposed, putrid, infected, tainted, or rotten animal or vegetable substance or article, whether manufactured or not ; or in the case of milk, if it is the produce of a diseased animal. (6) If it is colored, coated, polished, or powdered, whereby damage or inferiority is concealed, or if by any means it is made to appear better or of greater value than it really is. (7) If it contains any added substance or ingredient which is poisonous or injurious to health. Provided, that the provisions of this act shall not apply to mixtures or compounds recognized as ordinary articles or ingredients of articles of food, if each and every package sold or offered for sale be distinctly labeled as mixtures or compounds, with the name and per cent. of each ingredient therein, and are not injurious to health. Must furnish samples for analysis. Sec. 4. Every person manufacturing, exposing or offer- ing for sale, or delivering to a purchaser, any drug or arti- cle of food included in the provisions of this act, shall fur- nish to any person interested, or demanding the same, who shall apply to him for the purpose, and shall tender him the value of the same, a sample sufficient for the analysis of any such drug or article of food Avhieh is in his possession. ADULTERATION. 719 Penalty, Sec. 5. Wlioever refuses to comply, iipou demand, with the requirements of section four, and whoever violates any of the provisions of this act, shall be guilty of a misdemeanor, and shall be fined not exeeedinp: one hundred nor less than twenty-five dollars, or imprisoned in the county jail not exceeding one hundred nor less than thirty days, or both. And any person found guilty of manufacturing:, offering for sale, or selling, an adulterated article of food or drug under the provisions of this act shall be adjudged to pay, in addition to the penalties hereinbefore provided for, all the necessary costs and expenses incurred in inspecting and analyzing such adulterated articles of which said person may have been found guilty of manufacturing, selling, or offering for sale. Act takes effect when. See. 6. This act shall be in force and take effect from and after its passage. Codification of sections of this act. §§ 1, 2, 3, with the exception of the proviso, were codified in § 383 of the Penal Code, ante. An Act to prevent the sale of imitation or adulterated lioney, and to provide a punishment therefor. [Approved March 26, 1895; Stats. 1895, p. 94.] This act was superseded by the following act : An Act to 2)roh,ibit the adulteration of honey, and to provide a punishment therefor. [Api^roved February 23, 1897; Stats. 1897, p. 12.] § 1. Manufacture of adulterated honey prohibited. § 2. Sample for analysis. § 3. Extracted honey. § 4. Penalties. § 5. Act takes effect when. Manufacture of adulterated honey prohibited. Section 1. No person shall, within this state, manufacture for sale, offer for sale, or sell any extracted honey which is adulterated by the admixture therewith of either refined or commercial glucose, or any other substance or sub- stances, article or articles which may in any manner affect the purity of the honey. Sample for analysis. Sec. 2. Every person manufacturing, exposing, or offer- ing for sale, or delivering to a purchaser any extracted /-" APPENDIX. honey, shall riinii.sh to any person iul ci-estcd, of (h'liiaiulin^^ the saint', wlio shall apply to him i"oi- the puri)osc', and ten(h>r him the value of the same, a sample sunif^ient for the analysis of an\' such oxti-acted lioney which is in his pos- session. Extracted honey. Sec. 3. For the purposes of this act, "extracted honey" is the transformed nectar of flowers, which nectar is gath- ered by the bee from natural sources, and is extracted from the comb after it has been stored by the bee. Penalties. Sec. 4. Whoever violates any of the provisions of this act is guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than twenty-five nor more than four hundred dollars, or imprisoned in the county jail not less than twenty-five days nor more than six months, or both such fine and imprisonment. And any person found guilty of manufacturing, offering for sale, or selling any adulter- ated honey under the provisions of this act may, in the dis- cretion of the court, be adjudged to pay, in addition to the penalties hereinbefore provided for, all necessary costs and expenses, not to exceed fifty dollars, incurred in analyzing such adulterated honey of which such person may have been found guilty of manufacturing, selling, or offering for sale. Act takes effect when. Sec. 5. This act shall be in force and take effect from and after its passage. An Act to prevent the adulteration of paints, oils, varnishes and pigments. [Approved March 22, 1907; Stats. 1907, p. 852.] § 1. Adulteration of paints prohibited. §2. What shall be deemed adulterated. § 3. Misdemeanor. Adulteration of paints prohibited. Section 1. No person shall within this state manufacture for sale, offer for sale or sell any article, mixture, com- pound or substance, used in making paints, oils, varnishes or pigments, which is adulterated within the meaning of this act. ADULTERATION. 721 What shall be deemed adulterated. See. 2. Any article slitill be deeiiied adulterated within the meaning- of this act : 1. In case of oils, turpentines, alcohol or other vehicles: (a) If it contains any other substance or substances, in- gredient or ingredients, different from the article under the name of which it is offered for sale or sold ; (b) If any substance has been mixed with it so as to lower, depreciate or injuriously aft'ect the quality, strength or purity of the article ; (c) If any inferior or cheaper substance or substances have been substituted wholly or in part for it ; (d) If it is an imitation, or is sold under the name of any other article. 2. In ease of lead, zinc, ocher or other metal, mineral or chemical paints, or any or other pigments in paste form and labeled pure, used in the painting or decorating industry: (a) If any substance which low^ers, depreciates or inju- riously affects the quality, strength or purity of the article has been mixed with it, or substituted wholly or in part for it; (b) If it is an imitation of any other article. Misdemeanor. Sec. 3. Every person who adulterates or dilutes any article mentioned in this act and sells or offers for sale the same so diluted or adulterated, as undiluted and unadul- terated, and every person who sells or offers for sale a different article without informing the purchaser of such difference, and every person who violates any of the provi- sions of this act is guilty of a misdemeanor. Act for prevention of the manufacture, sale, or transportation of adulterated, mislabeled, or misbranded drugs: See post, Appen- (lix, tit. "Drugs." Ppii. Code — 46 722 APPENDIX. An Act for prcvcniinij llii; iimnufdciure, sale or transporta- lioii of (1(1 III I ( rated, mislahdid or nusbrandcd foods and liquors and rcffidaliio/ llu traffic therein, providing pen- alties, estatdisliiny a si ale lal)oratory for foods, liquors and driKjs and niakiitij an appropriation therefor. [1. Approved Mai-cli IJ, ]9U7; Stats. 3907. p. 208. 2. Amended 1909; Stats. 1909. p. 51. 3. Amended 1909; Stats. 1909, p. 353. 4. Amended 1911; Stats. 1911, p. 1114. 5. Amended by Stats. 1915, p. 170.] § 1. Manufacture and sale of adulterated food prohibited. § 2. Definition of term "food." § 3. Standard of purity. § 4. What constitutes adulteration of food. § 5. To what the term "misbranded" applies. § 6. Food, mislabeled or misbranded, what shall be deemed as. § 7. Definition of the term "package." § 8. Possession of adulterated food. § 9. State laboratory established. Director of laboratory. Salary. Clerical assistants. § 10. Suspected food to be analyzed by state board of health. Duty of sheriffs. § 11. Evidence to be reported to district attorney. § 12. Unlawful to conceal food. § 13. Eeport to state board of health. § 14. Certificate of director. § 15. Annual report of director of state laboratory. § 16. Hearings for violations of act. § 17. Sheriff to jxirchase samples of alleged adulterated food. § 18. Fees of sheriff. § 19. Duty of district attorney. § 20. Misdemeanor to violate act. Adulterated food to be destroyed. § 21. Disposition of fines. § 22. Dealer not to be prosecuted when he holds wholesaler's guaranty. § 23. Appropriation. § 24. Act prohibits manufacture after what date. § 25. Eepeal of conflicting acts. § 26. Act takes effect when. Manufacture and sale of adulterated food prohibited. Section 1. The nianufaeture, production, preparation, compounding, packing, selling, offering for sale or keeping for sale within the state of California, or the introduction into this state from any other state, territory, or the Dis- trict of Columbia, or from any foreign country, of any arti- cle of food or liquor which is adulterated, mislabeled or misbranded within the meaning of this act is hereby pro- hibited. Any person, firm, company, or corporation who shall import or receive from any other state or territory or the" District of Columbia or from any foreign country, or w^ho having so received shall deliver for pay or other- wise, or offer to deliver to any other person, any article of food or liquor adulterated, mislabeled or uiisbranded ADULTERATION. 723 Avitliiii tlic iiicaniiiu' of this act, oi- jiiiy person wlio sluill nianni'aotiii'c or produco. prepare or eomponnd, or pack or sell, or otfer for sale, or keep for sale, in the state of Cali- fornia any such adulterated, mislabeled or misbranded food.- or li(pior shall be j^uilty of a misdemeanor; provided that no article of food shall be deemed adulterated, mislabeled or misbranded within the provisions of this act, Avhen pre- pared for export beyond the jurisdiction of the United States and prepared or packed according to specifications or directions of the foreign purchaser, when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is intended to be shipped ; but if such foods shall be in fact sold, or kept or offered for sale for domestic uses and con- sumption, then this proviso shall not exempt said article from the operation of any provisions of, this act. Definition of term "food." Sec. 2. The term "food" as used in this act shall include all articles used for food, drink, liquor, confectionery or con- diment by man or other animals, wh-ether simple, mixed, or compound. Standard of purity. Sec. 3. The standard of purity of food and liquor shall be that proclaimed by the Secretary of the United States Department of Agriculture. What constitutes adulteration of food. Sec. 4. Food shall be deemed adulterated within the meaning of this act, in any of the f olloAving cases : First : If any substance has been mixed or packed, or mixed and packed with the food so as to reduce or lower or injuriously affect its quality, purity, strength, or food value. Second: If any substance has been substituted wholly or in part for the article of food. Third : If any essential or any valuable constituent or in- gredient of the article of food has been wholly or in part abstracted. Fourth : If it be mixed, colored, powdered, coated or stained in any manner whereby damage or inferiority^ is con- cealed. Fifth : If it contain any added poisonous or other added deleterious ingredient. Sixth : If it consists in whole or in part of a filthy, decom- posed or putrid animal or vegetable substance, or any por- tion of an animal or vegetable unfit for food whether manu- 724 AIM'KVDIX. raeturcd oi- iiot, or if it is i\\o. j)r()ilii('l (»f ;i diseased animal or one that has died otherwise tliaii l)y slaugliter; ])i'ovided that ail article of liquor shall not be deemed adulterated, mislabeled or misbranded if it be blended or mixed with like substances so as not to injuriously reduce or injuriously lower or injuriously affect its quality, purity or strenj^th. Seventh : In the case of confectionery : If it contains terra- alba, barytes, talc, chrome yellow, or other mineral sub- stance or poisonous color or flavor, or other ingredient deleterious or detrimental to health, or any vinous, malt, or spirituous liquor or compound or narcotic drug. Eighth : In the case of vinegar : If it be artifically colored. Ninth : If it does not conform to the standard of purity therefor as proclaimed by the Secretary of the United States Department of Asrieulture. [Amendment approved March 13, 1909; Stats. 1909, p. 353.] To what the term "misbranded" applies. Sec. 5. That the term "misbranded" as used herein shall apply to all articles of food, or articles which enter into the composition of food, the package or label of Avhich shall bear any statement, design or device regarding such article, or the ingredients or substances contained therein which shall be false or misleading in any particular, and to any food product which is falsely branded as to the county, city and county, city, town, state, territory, District of Columbia or foreign country in which it is manufactured, or produced. Food, mislabeled or misbranded, v^hat shall be deemed as. Sec. 6. Food and liquor shall be deemed mislabeled or misbranded within the meaning of this act in any of the following cases : First. If it be an imitation of or offered for sale under the distinctive name of another article of food. Second. If it be labeled or branded or colored so as to deceive or mislead, or tend to deceive or mislead the pur- chaser ; or if it be falsely labeled in any respect, or if it purport to be a foreign product tending to mislead the pur- chaser, or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed, in whole or in part, and other contents shall have been placed in such package. Third. If in package form, and the contents are stated in terms of w-eight or measure, they are not plainly and correctly stated on the outside of the package. Fourth. If the package containing it or its label shall bear any statement, design or device regarding the in- ADULTERATION. 725 gredieiits or the substance contained therein, which state- ment, design or device shall be false or misleading in any- particular. Fifth. AVhen any package bears the name of the man- ufacturers, jobbers or sellers, or the grade or the class of the product, it must bear the name of the real manufacturers, jobbers or sellers and the true grade or class of the product, the same to be expressed in clear and distinct English words in legible type ; provided, that an article of food shall not be deemed misbranded, if it be a well-known food product of a nature, quality and appearance, and so exi^osed to public inspection as not to deceive or mislead nor tend to deceive or mislead a purchaser, and not misbranded and not of the character included within the definitions one to four of this section. Sixth. If, having no label, it is an imitation or adultera- tion, or is sold or offered for sale under a name, designation, description or representation which is false or misleading in any particular whatever ; and in case of eggs and poultry : if they have been kept or packed in cold storage, or other- wise preserved, they must be so indicated by written or printed label or placard plainly designating such fact when offered or exposed for sale. [Amendment approved Feb- ruary 22, 1909 ; Stats. 1909, p. 51.] Definition of the term "package." Sec. 7. The term "package" as used in this act shall be construed to include any phial, bottle, jar, demijohn, car- ton, bag, case, can, box or barrel or any receptacle, vessel or container of whatsoever material or nature which may be used by a manufacturer, producer, jobber, packer or dealer, for inclosing any article of food. Possession of adulterated food. Sec. 8. The possession of any adulterated, mislabeled or misbranded article of food or liquor by any manufacturer, producer, jobber, packer, or dealer in food, or broker, com- mission merchant, agent, employee or servant of any such manufacturer, producer, jobber, packer, or dealer, shall be prima facie evidence of the violation of this act. State laboratory established. Director of laboratory. Sal- ary. Clerical assistants. Sec. 9. For the purpose of this act there is hereby estab- lished a state laboratory for the analysis and examination of foods and drugs, which shall he under the su])ervision of the state lioai'd of licalth, which laboi'Mtoiy sliall ho located at 726 APPENDIX. siu-Ji place as the stati l)()ai'(l of licalth may select. The state board of health shall apijoint a di rector ot' said laboratory, a consultiuy nutrition expert, and an assistant to such dii'cctor, all of whom shall l)e skilled pharmaceutical chemists and analysts of foods anddruos. Said director shall perform all duties ro(iuired by this act and which shall he reqnired by the state board of health. Said consnltin?' nutrition expert shall at all times be ready for consultation with, pfivc advice to, and perform duties in connection with the director of said labora- tory, and shall at all times be nnder the supervision of and perform such dutie '. under this act as are required by the state board of health. As a part of his dntics he shall consult and advise with the state board of control eoncerninoj standards of purity and other matters relatino; to foods and drntrs pur- chased by the state of California for any or all of its institu- tions. The assistant shall ho nnder the supervision of the director and shall perform all duties required of him by the director and by the state board of health. The director shall receive an annual salary of three thou- sand dollars, the consultine: nutrition expert shall receive an annual salary of one thousand dollars, and the assistant to the director shall receive an annual f-alary of fifteen hundred dollars. All such salaries shall he paid in the same manner and at the same time as the salaries of state officers. The state board of health, out of the appropriation herein- after provided, and out of the funds derived from the opera- tion of this act, may employ and fix the compensation of other and additional clerical and professional assistants. [Amend- ment approved, April 23, 1915; Stats. 1915, p. 171.] Suspected food to be analyzed by state board of health. Duty of sheriffs. Sec. 10. The state board of health or its secretary, shall cause to be made by the said director of the state laboratory, examinations and analyses of food and liquor on sale in California, suspected of being adulterated, mislabeled or misbranded at such times and places and to such extent as said board or its secretary may determine, and may ap- point such agent or agents, as it may deem necessary, and the sheriffs of the respective counties of the state are hereby appointed and constituted agents for the enforcement of this act and any agent or sheriff shall have free access, at all reasonable hours, for the purpose of examining any place where it is suspected that any article of adulterated, mis- labeled or misbranded foods exist, and such agent or slieriff ADULTERATION. 727 upon tendering the market price of said articles, if a sale be refused, may take, from any person, firm or corporation samples of any articles suspected of being adulterated, mis- labeled or misbranded, and shall deliver or forward such samples to the said director of the state laboratory for exam- ination and analysis. Evidence to be reported to district attorney. Sec. 11. It shall be the duty of the state board of health whenever it has satisfactory evidence of the violation of any of the provisions of this act respecting the adulteration or misbranding of foods to report such facts to the district attorney of the county where the law is violated, after the hearing provided in section sixteen of this act. Unlawful to conceal food. Sec. 12. It shall be a misdemeanor for any person to re- fuse to sell to any sheriff or other agent of the state board of health, any sample of food or liquor upon tender of the market price therefor, or to conceal any such food from such officer, or to withhold from him information where such food is kept or stored. Any such person so refusing to sell, or concealing such food, or withholding such information from said oi^cer shall, upon conviction, be punished as provided in section nineteen of the Penal Code of the state of Cali- fornia. Report to state board of health. Sec. 13. Whenever said director shall find from his ex- amination and analysis that adulterated, mislabeled or mis- branded food has been on sale in this state, he shall forth- with report to the secretary of the state board of health. Certificate of director. Sec. 14. Every certificate signed by the said director of the state laboratory shall be prima facie evidence of the facts therein stated. Annual report of director of state laboratory. Sgc. 15. The said director of the state laboratory shall make an annual report to the state board of health, on or before August first of each year, upon adulterated or mis- branded foods and liquors, in which report shall be included the list of cases examined by him in which adulterants were found, and the list of articles found mislabeled or mis- branded, and the names of the manufacturers, producers, ' jobbers and sellers. Said report, or any part thereof, may, in the discretion of the state board of health, l:)e included in 728 Ari'KNDix. the report Avliicli the slate board of health is ali-eady author- ized by law to ninke to the i>ovei'iior. The state board of health may, in its discretion ])ublish any part of said report in any issue of its monthly bulletin. Hearings for violations of act. Sec. 16. When an examination or analysis of the director of the state laboratory shows that any of the provisions of this act have been violated, notice of that fact together with a copy of the certificate of the findings, shall be furnished to the party or parties from whom the sample was obtained or who execute(l the guaranty as j^rovided in this act, and a date shall be fixed by the secretary of the state board of health at which said party or parties may be heard before the state board of health or before any two members thereof and the secretary. The hearing shall be held in the city of Sacramento, and at least fifteen days' notice thereof shall be first served upon the party complained of. These hear- ings shall be private and confined to questions of fact. Parties interested therein may appear in person or by at- torney and may propound interrogatories and submit oral or written evidence to show any fault or error in the find- ings made by the director of the state laboratory. If the examination or analysis be found correct, or if the party or parties fail to appear at such hearing after notice duly served as provided herein, the secretary of the state board of health shall forthwith transmit a certificate of the facts so found to the district attorney of the county in Avhich said adulterated, mislabeled or misbrandcd food was found. No publication as in this act provided shall be made until after said hearing is concluded. Sheriff to purchase samples of alleged adulterated food. Sec. 17. It is hereby made the duty of the sheriff of any county of this state, on presentation to him of a verified complaint of the violation of any provisions of this act, at once to obtain by purchase a sample of the adulterated, mis- labeled or misbranded food complained of, and divide said article into three parts, and each part shall be sealed by the sheriff with a seal provided for that purpose. If the package be less than four pounds or in volume less than two quarts, three packages of approximately the same size shall be purchased and the marks and tags upon each pack- • age noted as above. One sample shall be delivered to the party from whom procured, or to the party guaranteeing such merchandise, one sample shall be sent to the director ADULTERATION. 729 o£ the state laboratory and the tliird sample sliall ])o. sent to and held under seal by the state ])oaiTl of health. Fees of sheriff. Sec. 18. For his services hereunder the said sheriff shall be allowed the same fees for travel allowed by law to sheriffs on service of criminal process, together with such compensation as by the board of supervisors of his county may be deemed reasonable, and all amounts expended by him in procuring and transmitting the said samples, which fees and amount expended shall be audited and allowed by the said supervisors and paid by his said county as other bills of said sheriff. Duty of district attorney. Sec. 19. It shall be the duty of the district attorney of each county to prosecute all violations of the provisions of this act occurring within his county. Misdemeanor to violate act. Adulterated food to be de- stroyed. Sec. 20. Any person, firm, company or corporation vio- lating any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than five dollars, nor more than five hun- dred dollars, or shall be imprisoned in the county jail for a term not exceeding six months, or by both such fine and imprisonment. Food found to be adulterated, mislabeled or misbranded within the meaning of this act may, by order of any court or judge, be seized and destroyed. [Amendment approved April 26, 1911 ; Stats. 1911, p. 1114.] Disposition of fines. Sec. 21. One half of all fines collected by any court or judge, for the violations of the provisions of this act shall be paid to the state treasurer and the state treasurer shall deposit such money to the credit of the fund for the main- tenance of the state laboratory, to be drawn against by Avarrants of the state controller upon claims which shall be approved by the state board of health and by the state board of examiners. Dealer not to be prosecuted when he holds wholesaler's guaranty. Sec. 22. No dealer shall be prosecuted under the provi- sions 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 730 APPENDIX, the clVccI llijil tile s;iiiic is not ;i(lullcr;it('(l. iiiisljiliclcd n\- iiiis- hraiidcd within the nicjiiiiiiij; ol" this act,, and can also establish liy satisractoi',\- cvidcnct^ that the ai'ticlo sold hy him was mis- labeled and that at the time of makinLT snch sale he was not aware of that fact; such ,unaranty may be either general or special. A general guaranty shall guarantee without condi- tion or restriction all of the products or articles produced, prepared, compounded, packed, distributed, or sold by the guarantor as notadult(M'at(Ml within the meaning of this act. A special guaranty shall guarantee in the same manner the particular articles listed in an invoice of the same, and shall be attached to or shall fully identify such invoice. Both said guaranties to afford protection must contain the name and address of the party or parties making the sales of such article to said dealer. If the guaranty be to the effect that such article is not adulterated, mislabeled or misbrandcd within the meaning of the national pure food act, approved June 30, 1906, it shall be sufficient for the purposes of this act and have the same force and effect as though it referred to this act, except that a guaranty referring to the said national pure food act alone shall not be sufficient for the purposes of this act in any ease where at any time the standard for the article concerned under this a«t is higher than the standard for a like article under said national pure food act. In ease the wholesaler, jobber, manufacturer or other party making such guaranty to said dealer resides without this state and it appears from the certificate of the director of the state laboratory that such article or articles were adulterated, mislabeled or misbranded, within the meaning of this act or the national pure food act approved June 30, 1906, the district attorney must forthwith notify the attorney general of the United States of such violation. [Am.endment ap- proved April 23, 1915, Stats. 1915, p. 171.] This section was also amended April 26th, 1911, Stats. 1911, p. 1114. The amendment of this section in 1915 contained the following provision: The provisions of this amendment shall be in force and effect from and after May 1, 1916; provided, that as to products packed and labeled prior to May 1, 1916, in accordance with said national pure food act, and with the regulations, thereunder in force prior to May 5, 1914, the provisions of this amendment shall be in force and effect from and after November 1, 1916. Appropriation. See. 23. The sum of twenty thousand dollars ($20,000.00) is hereby appropriated out of any money in the state treas- ury not otherwise appropriated for the purchase of equip- ment, apparatus, chemicals and supplies of said laboratory ANIMALS. 731 and of the office expenses, in eoiuiection with the same and for the compensation of additional assistants and other necessary help. The state controller is hereby authorized to draw his warrants for the sums herein appropriated in favor of the secretary of the state l^oard of health aud the state treasurer is hereby directed to pay the same. Act prohibits manufacture after what date. Sec. 24. No article of food as herein defined shall be manufactured or produced in violation of this act from and after the first day of July, nineteen hundred and seven. Repeal of conflicting- acts. Sec. 25. All acts and parts of acts in conflict or incon- sistent wdth this act are hereby repealed. Act takes effect when. Sec. 26. This act shall be in force and effect from and after the first day of January, nineteen hundred and eight. ANIMALS. Act creating office of state veterinarian. 1. In effect March 18, 1899; Stats. 1899, p. 129. 2. Ameuded March 20, 1905; Stats. 1905. p. 423. 3. Amended March 19, 1909; Stats. 1909, p. 431. An act for the more effectual prevention of cruelty to animals. [1. Approved March 20, 1874; Stats. 1873-74, p. 499. 2. Amended by Stats. 1901, p. 285. 3. Amended March 2, 1903; Stats. 1903, p. 69.] §§ 1-5. Superseded by Civ. Code, §§ 607, 607a, 607f. § 6. Superseded by Pen. Code, § 597. §§7,8,9. Superseded by Pen. Code, §§597a, 597b, 597c. § 10. Superseded by Pen. Code, § 599a. §§ 11, 12, 13. Superseded by Pen. Code, §§ 597d, 597e, 597f. §§ 14, 15. Superseded by Civ. Code, §§ 607, 607a, 607f. §§ 16, 17. Superseded by Pen. Code, § 599b. §§ 20, 21. Superseded by Pen. Code, § 599d, 599c, 599e. § 22. Superseded by Code Civ. Proc, § ]208a. A)i act to prohihit the vse of the hristle-hur, tack-hur, or other like devices on horses or otJier animals in this state. [Approved March 13, 1903; Stats. 1903, p. 139.] § 1. Bristle-bur, tack-bur, etc., on horses, prohibited. § 2. Penalty. § 3. Conflicting acts repealed. § 4. Act takes effect when. Bristle-bur, tack-bur, etc., on horses, prohibited. Section 1. It shall be unlawful hereafter in this state for any one, owner, driver or other person, having the care, custody or control of any horse or other animal, to use what 7;>2 APPENDIX. is know II ;i.s tlu' bristle-bur, lack-bur, or olhrr like device, by Avhatsoever luunc known or dcsij^iiated, on any said borso or otber aniitial foi- any purpose wliatsocvei-. Penalty. Sec. 2. A viobition of the iirovisions of this act shall be deemed a misdemeanor and any one found guilty thereof shall be punished by a fine of not less than twenty-five dol- lars nor more than two hundred and fifty dollars, or by im- prisonment in the county jail not less than ten nor more than one hundred and seventy-five days, or may be punished by both such fine and imprisonment. Conflicting' acts repealed. Sec. 3. All acts and parts of acts in conflict with the pro- visions of this act are hereby repealed. Act takes effect when. Sec. 4. This act shall take effect and be in force from and after its passage. An act to prevent tampering with animals, and to prevent the giving or administering of poison or drugs to horses, cattle, dogs, animals, and other live-stock, except for med- icinal ptirposes, and making the same a misdemeanor. [Approved March 23, 1901; Stats. 1901, p. 553.] § 1. Unlawful administering of drugs to animals on exhibition. § 2. Same. § 8. Penalty. § 4. Conflicting acts repealed. § 5. Act takes effect when. Unlawful administering- of drugs to animals on exhibition. Section 1. It shall be unlawful for any person or per- sons, except for medicinal purposes, to administer any poison, drug, medicine, or other, noxious substance, to any horse, stud, mule, ass, mare, horned cattle, neat cattle, geld- ing, colt, filly, dog, animals, or other live-stock, entered or about to be entered in any race or upon any race-course in the state of California, or entered or about to be entered at or Avith any agricultural park, or association, race-course, or corporation, or other exhibition for competition for prize, reward, purse, premium, stake, sweepstakes, or other re- ward, or to expose any such poison, drug, medicine, or noxious substance, with intent that the same shall be taken, inhaled, swallowed, or otherwise received by any horse, stud, mule, ass, mare, horned cattle, neat cattle, gelding, colt, filly, dog, animal, or ^ther live-stock, with intent to ARTESIAN WELLS. 733 impede or affect the speed, endurance, sense, health, physical condition, or other character or quality of such above-men- tioned animal, or other live-stock. Same. See. 2. It shall be unlawful for any person or persons to cause to be taken by or placed upon or in the body of any horse, stud, mule, ass, mare, horned cattle, neat cattle, gelding, colt, filly, dog, animal, or other live-stock, entered or about to be entered in any race upon any race-course in the state of California, or entered or about to be entered at or with any agricultural park, association, race-course, or corporation, or other exhibition for competition for prize, reward, purse, premium, stake, sweepstakes, or other re- ward, any sponge, wood, or foreign substance of any kind, with intent to impede or affect the speed, endurance, sense, health, physical condition, of such horse, stud, mule, ass, mare, horned cattle, neat cattle, gelding, colt, filly, dog, animal, or other live-stock. Penalty. ■ Sec. 3. Any person or persons who shall violate any of the provisions of sections one or two of this act shall be guilty of a misdemeanor. Conflicting- acts repealed. Sec. 4. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. Act takes effect when. See. 5. This act shall take effect immediately. ARTESIAN WELLS. All act to prevent the waste and flow of water from artesian wells, and prescribing penalties therefor, and defining waste and artesiayi ivells. [1. Approved March 6, 1907; Stats. 1907, p. 122. 2. Amended March 25^ 1909; Stats. 1909, p. 749.] § 1. Uncapped artesian wells declared public nuisance. § 2. Artesian well defined. § 3. Waste defined. § 4. New offense. § 5. Penalty. § 6. Conflicting acts repealed. § 7. Act takes effect when. Uncapped artesian wells declared public nuisance. Section 1. Any artesian well which is not capped, equip- ped or furnished with such mechanical appliance as will 73-t Al'l'ENDIX. readily and offoetivoly arrest and ])reveiit tlie flow of any walei- from sueh avcII, is hereby declared to be a public nuisance. The owner, tenant, or occupant of the land ujx)!! which such well is situated, who causes, permits, or suffers such public nuisance, or suffers or permits it to remain or continue, is guilty of a misdemeanor; and any person own- ing, possessing or occupying any land upon which is situated an artesian well, who causes, suffers, or permits the water to unnecessarilx' flow from such well, or to go to waste, is guilty of a misdemeanor. Artesian well defined. Sec. 2. For the purposes of this act, an artesian well is defined to be any artificial hole made in the ground through Avhich AA^ater naturally flows from subterranean sources to the surface of the ground for any length of time. Waste defined. Sec. 3. Waste is defined, for the purposes of this act, to be the causing, suffering or permitting any water flowing from an artesian well, to run into any river, creek, or other natural watercourse or channel, or into any bay or pond (unless used thereafter for the beneficial purpose of irriga- tion of land or domestic use), or into any street, road, or highway, or upon the land of any person, or upon the public lands of the United States or of the state of California, unless it be used thereon for the beneficial purposes of the irrigation thereof or for domestic use or the propagation of fish. The use of any water floAving from an artesian well for the irrigation of land wdienever over five per cent of the water received on such land for such purposes is allowed to escape therefrom, is also hereby declared to be waste within the meaning of this act ; provided, that nothing herein shall prevent the running of artesian water into an artificial pond or storage-reservoir, if used thereafter for a beneficial use ; provided, such beneficial use shall not exceed one tenth of one miner's inch of water per acre, perpetual fiow, but such user of water shall have the right to cumulate the said amount Avithin anv period of each year. [Amendment ap- proved I\rarch 25. 1909; Stats. 1909, p. 749.] New offense. Sec. 4. Each day's continuance of such waste shall con- stitute a new offense under this act. Penalty. Sec. 5. Any person violating any of the provisions of this act shallj for each offense, upon conviction thereof, be pun- BUOYS AND BEACONS. 735 ished by a fine of not less than $25.00 and not more than $500.00, or by imprisonment in the county jail for a period of not more than six months, or by both such fine and im- prisonment. All prosecutions for the violation of any of the jDrovisions of this act shall be instituted in the justice's court of the county in which such well is situated. Any fine imposed under the provisions of this act may be collected as in other criminal cases, and the justice may also issue an execution upon the judg-ment therein rendered, and the same may be enforced and collected as in civil cases. Conflicting acts repealed. Sec. 6. All acts and parts of acts in conflict Avith this act, are hereby repealed. Act takes effect when. Sec. 7. This act shall take effect immediately. BUOYS AND BEACONS. An act for the protection of huotjs and beacons. [Approved March 26, 1S74; Stats. 1S73-74, p. 619.] § 1. Damages to buoys and beacons. § 2. Cost of repairs, and lien for. §3. Act takes effect when. Damages to buoys and beacons. Section 1. Any person or persons who shall moor any vessel or boat of any kind, or any raft or scoav, to any buoy or beacon placed in the waters of California by authority of the United States lighthouse board, or shall in any manner hanis: on to the same, Avith any vessel, boat, raft, or scoav, or shall Avillfully remoA-e, damage, or destroy any such buoy or beacon, or any part of the same, or shall cut doAvn, remoA^e. damage, or destroy any beacon or beacons erected on land in this state by the authority aforesaid, shall, for every such offense, be deemed guilty of a misdemeanor, and upon con- viction thereof before any court of competent jurisdiction, be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding six months ; one third of the fine in such case to be paid to the informer, and tAvo thirds thereof to the lighthouse board, to be used in repair- ing said buoys and beacons. Cost of repairs, and lien for. Sec. 2. The cost of repairing or replacing any such buoy or beacon which may have been misplaced, damaged, or 7;jG APPENDIX. destroyed by any vessel, boat, vaCt, or scow bein^ made fast to the same, shall, when said cost shall have been lep:ally ascertained, be a lien upon such vessel, boat, raft, or scow, and recovered against the same, and the owner or owners thereof, in an action of debt, in any court of competent jur- isdiction in this state. Act takes effect when. Sec. 3. This act shall take effect from and after its pas- sage. Codification of act. Portion of this statute was codified by Penal Code § GOO, ante: See also, ante, § 614. BUTTER. An Act cnlillcd an acf to prevent tltv sale of sliort-weigJit rolls of hulter. [Approved March 11, 1893; Stats. 1893, p. 151.] Short-weight butter. Any person or persons, firm or corporation, who offers for sale roll-butter not of full Aveight to each roll, shall be guilty of a misdemeanor. Act takes effect when. This act shall go into effect sixty days after its passage. CONSPIRACY. All Act to limit the meaning of the word "conspiracy," and also the use of "restraining orders" and "injunctions," as applied to disputes hetiveen employers and employees in the state of California. [Approved March 20, 1903; Stats. 1903, p. 289.] Combinations in trade disputes not criminal when. Section 1. No agreement, combination, or contract, by or between two or more persons to do or procure to be done, or not to do or procure not to be done, any act in contempla- tion or furtherance of any trade dispute between employers and employees in the state of California shall be deemed criminal, nor shall those engaged therein be indictable or otherwise punishable for the crime of conspiracy, if such act committed by one person Avould not be punishable as a crime, nor shall such agreement, combination, or contract be con- sidered as in restraint of trade or commerce, nor shall any CONSPIRACV. 737 restraining order or injunction ])e issued with relation there- to. Nothing in this act shall exempt from punishment, other Avise than as herein excepted, any persons guilty of conspiracy, for which punishment is now provided by any act of the legislature, but such act of the legislature shall, as to the agreements, combinations, and contracts herein- before referred to, be construed as if this act were therein contained; provided, that nothing in this act shall be con- strued to authorize force or violence, or threats thereof. Act takes effect w^hen. Sec. 2. This act shall take effect immediately. An Act making a conspiracy to commit any crime against tlic person of, or an attempt to kill or commit any assault upon, the President or Vice-President of the United States, the governor of anjj state or territory, any United States justice or judge, or the secretary of any executive de- partment of the United States, a felony ; and providing a penalty tlierefor. [Approved February 28, 1903; Stats. 1903, p. 58.] § 1. Conspiracy to eominit crime against President, etc.; penalty. S 2. Attempt to kill President. Penalty. § 3. Act talces effect when. Conspiracy to commit crime against President, etc. ; penalty. Section 1. If two or more persons conspire to commit any crime against the person of the President or Vice- President of the United States, the governor of any state or territory, any United States justice or judge, or the sec- retary of any of the executive departments of the United States, they are guilty of felony, and upon conviction thereof, shall be punished by imprisonment in the state prison not less than ten years. Attempt to kill President. Penalty. Sec. 2. Every person who attempts to kill, or Avho com- mits any assault upon the President or Vice-President of the United States, the governor of any state or territory, any United States justice or judge, or the secretary of any of the executive departments of the United States, is guilty of a felony; and upon conviction thereof, shall be punished by imprisonment in the state prison not less than ten years. Act takes effect when. Sec. 3. This act shall take effect and be in force from and after its passage. Ppn Code- 4 7 738 APPENDIX. CORONERS. Act relating to costs of coroner's inquest in state prison: See post, A]ipoii(lix, tit. "Costs." An Act providing in couniies of the first c?fl.s'.s for tlic np- poinhncnt t)\j the coroner of a competoit physician for the pcrfomumce of autopsies iipon tite bodies of deceased persons when inquests arc held, and fixing the compensa- tion therefor. [Approved March 14, 1895; Stats. 1895, p. 52.] § 1. Coroner to appoint physician in counties of first class, to liold autopsies. § 2. Compensation. § 3. Act takes effect when. Coroner to appoint physician in counties of first class to hold autopsies. Section 1. In counties of the first class, the coroner shall appoint a competent physician, -whose duties it shall be to perform autopsies upon the bodies of all deceased persons when inquests are held. Such physician shall, after the performance of such autopsy, certify in writing his profes- sional opinion as to the cause of death, which certificate shall be filed with said coroner. Compensation. Sec. 2. The physician so appointed shall receive as com- pensation for his said services the sum of twenty-four hun- dred dollars per annum, which shall be paid out of the gen- eral fund of the county in monthly installments of two hundred dollars, at the same time and in the same manner as county officers are paid. Act takes effect when. Sec. 3. This act shall take effect and be in force from and after its passage. • CORONERS 739 An Act to provide an official stenographic reporter to the cor- oner of each county, or city and county, liaving one hundred thousand or more inhabitants, and providing the mode in ivhich such reporter shall he appointed, and estahlishing the compensation and prescribing the duties of such reporter. [Approved March 26, 1895; Stats. 1895, p. 168.] Superseded as to San Francisco. Superseded as to San Francisco, by its charter. § 1. Coroners of cities and counties of one hundred thousand to ap- point stenographer. § 2. Salary. § 3. Duties. § 4. Oath. § 5. Certified report prima facie correct. § 6. Salary, how paid. § 7. Act takes effect when. Coroners of cities and counties of one hundred thousand to appoint stenographer. Section 1. It shall be lawful for the coroner of every county, or city and county, of this state, having one hundred thousand or more inhabitants, to select and appoint an official stenographic reporter, such reporter to hold office during the pleasure of the coroner making the appointment. Salary. Sec. 2. The said official reporter shall be allowed and shall receive compensation as folloAvs : One hundred and fifty dollars per month. Duties. Sec. 3.. It shall be the duty of said reporter to attend all inquests held by the coroner of the said county, or city and county, and report in shorthand all testimony of wit- nesses, and all the proceedings of said inquests, and to transcribe the same into legible longhand and furnish two typewritten copies thereof, and shall certify the same, and file one of the copies with the said coroner and the other copy with the clerk of the said county, or city and county. He shall also, within a reasonable time after such testimony is taken, file with the said clerk the shorthand notes taken by him at each inquest. Oath. Sec. 4. The said official reporter shall, before entering upon the duties of his office, take and subscribe the con- stitutional oath of office. 74:0 Al'l'KNDIX. ♦ Certified report prima facie correct. Sec. 5. Any report oi" the said official rei)orter duly ap- pointed and sworn, when written out in longhand writing and certified by him as being a correct transcript of the tes- timony and proceedings in the case, shall be prima facie a correct statement of such testimony and proceedings. Salary, how paid. ' See. 6. The salary of said reporter shall be audited and paid monthly out of the general fund of the said county, or city and county. Act takes effect when. Sec. 7. This act shall take effect from and after its pas- sage. An Act conccrniiuj llie al l( iidance of physicians and sur- geons in certain cases, and to provide payment for mak- ing chemical and post-mortem examinations. [Approved February 8, 1872; Stats. 1871-72, p. 81.] Code commissioner's note to § 1. The code commissioner says, in his "List of Statutes in Force," that "As to § 1, [it is] superseded by County Government Act, 1897: 490, § 142." Probably superseded by § 1512 of the Penal Code, ante. An Act to provide for furnishing assistants to the coroner of each city, or city and county having one hundred tliousand or more in]ial}itants, and providing the -mode in which such assistants shall he appointed and designated, and establishing the compensation and prescribing the duties of such assistants. [Approved March 23, 1893; Stats. 1893, p. 190.] Superseded as to San Francisco. Act superseded as to San Fran- cisco, by its charter. § 1. Coroner to appoint assistants. § 2. Classification and designation of assistants. Salaries. Duty of assistants. § 3. Salary, how paid. §4. Act takes effect vi^hen. Coroner to appoint assistants. Section 1. It shall be lawful for the coroner to every city, or city and county of this state, having one hundred thousand or more inhabitants, to select and appoint five assistants. Such assistants shall hold their i-espective offices at the pleasure of said appointing power. COSTS. 741 Classification and designation of assistants. Salaries. Duty of assistants. Sec. 2. kSucIi as.sistauts shall be classified and designated as follows : First deputy coroner, second deputy coroner, third deputy coroner, fourth deputy coroner, messenger. Said deputies shall be allowed and receive salaries as fol- lows : The salary of the first deputy shall be tAvo hundred dollars per month; the salary of the second deputy shall be one hundred and fifty dollars per month, the salary of the third and fourth deputies shall be one hundred and twenty- five dollars per month each ; the salary of the messenger shall be seventy-five dollars per month. It shall be the duty of said deputies to act as deputy coroners in all matters, except as to those duties wdiich are forbidden to be dele- gated. It shall be the duty of the messenger to have charge of the dead- wagon, keep in order the morgue, and perform such other duties as are required by the coroner or his deputies. Salary, how paid. Sec. 3. The salaries of the said assistants shall be audited and paid monthly out of the general fund of the said city, or city and county. Act takes effect when. See. 4. This act shall take effect from and after its passage. COSTS. All Act concerning the payment of the expenses and costs of the trial of convicts for crimes committed in the state prison, and to pay the costs of the trial of escaped con- victs, and to pay for the expenses of coroner inquests in said prison. [Approved April 12, ISSO; Stats. 1880, p. 43.] § 1. Costs and expenses of trials of convicts for crimes committed in state prison. § 2. Act appilies to what cases only. § 3. Act takes effect when. Costs and expenses of trials of convicts for crimes committed in state prison. Section 1. The costs and expenses of all trials which have heretofore been had in the county in this state where the state prison is situated, for any crime committed by any convict in the state prison, and the costs of guarding and 742 A IMPEND! X. keo])iii[? such coinici, and tlio execution of llio .sentence of said convict by said county, and the costs and expenses of all trials heretofore had for the escape of any convict from the state prison, and the costs and expenses of all coroner inquests heretofore had of any convict at the state pi-ison by the county Avhere said prison has been situated, shall be certified to by the county clerk of said county wherein said trials and inquests have been held to the board of state prison directors for their approval, and after such approval they shall ])ay the same out of the money appropriated for the support of the state prison to the county treasurer of said county where said trials have been had; "provided, that this act shall not apply to any costs or expenses in- curred since January first, eighteen hundred and seventy- three." Act applies to what cases only. Sec. 2. This act shall only apply to cases which have not been settled for by the state. Act takes effect w^hen. Sec. 3. This act shall take effect immediately. DAIRIES. An Act to prohibit adulteration and deception in the sale of dairy products, defining adulteration in dairy products, to establish standards of quality in dairy products and to provide for enforcing its provisions. 22, 1909; Stats. 1909, p. 1088.] [1. Approved March 15, 1907; Stats. 1907, p. 265. 2. Amended April § 1. Sale of adulterated milk prohibited. § 2. Definitions and standards. § 3. Dnty of state dairy bureau. § 4. Penalty for violation of act. Fines. §5.- Interference with inspectors. § 6. Duty of district attorney. § 7. Inconsistent acts repealed. § S. Act takes effect when. Sale of adulterated milk prohibited. Section 1. It shall be unlawful for any person to pro- duce, manufacture or prepare for sale, or to sell or offer for sale, or have on hand for sale, any milk, or product of milk, that is adulterated within the meaning of this act. The word "person" as used in this act shall be construed to import both the singular and plural, as the case demands, DAIRIES. 743 and shall include individuals, corporations, companies, societies and associations. When construing and enforcing the provisions of this act, the act, omission or failure of any employee, officer, agent or other person, acting for or em- ployed by any individual, corporation, company, society or association, within the scope of his employment or office, shall in cA'ery case also be deemed to be the act, omission or failure of such individual, corporation, company, society or association, as well as that of the person. The provisions of this act shall be construed to apply to hotel-keepers, restau- rant-keepers and boarding-house keepers or any person who shall serve meals and accept money therefor. The words "product of milk" as used in this act, shall not apply to any product into which milk, or a product of milk, may enter as an ingredient or component of a food product that does not consist of milk, or milk products alone, such as pastry, confectionery and ice-cream, and excepting in case of con- densed milk or evaporated milk or cream in wiiich case the provisions of this act shall apply, provided, that this section shall not be construed to prevent the use of common salt (chloride of sodium) in dairy products. Any label, printed matter, or advertising or descriptive matter appearing upon, or in connection with any package, parcel or quantity of milk or milk products when being sold, offered for sale, or having on hand for sale, and, having reference to the article being sold, offered for sale, or on hand for sale, shall con- form with the provisions of this act, and if it fails to con- form Avith the provisions of this act, such article shall be deemed adulterated under this act. It shall be unlawful for any person under this act, when selling or offering for sale, or haviiig on hand for sale, milk or any product of milk to use the words "milk," "condensed milk," "sweetened con- densed milk," "condensed skimm.ed milk," evaporated "cream" or "butter," either verbally or printed or written on any label or printed matter used in connection Avith the sale, or offering for sale, or having on hand for sale, of milk or any product of milk, or upon any bill of fare used in any hotel, restaurant or other places Avhere meals are served Avhen the articles shall not conform with the proAnsions of section tAvo of this act. Definitions and standards. Sec. 2. Milk and the products of milk enumerated in this section shall be deemed adulterated Avithin the meaning of this act if it or they shall not conform Avith the folloAving definitions and standards : 744 Al'I'KNDlX. 1. ]\Iilk is Ihe fi'csli, clcaii, lacloal socrclioii ()l)taiiu'(l by the coni])letc milkiiio' ot:' one or more liealtliy eows, propei-ly fed and kept, excluding that obtained witliin fifteen (15) days before and five (5) days after calving, and contains not less than three (3.0) per cent of milk-fat, and not less than eight and five tenths (8.5) per cent of solids — not fat, and from which no cream or fat or other solid com])onent has been re- moved. 2. Skim-milk is milk from which a part or all of the cream has been removed and contains not less than nine and twenty-five hundredths (9.25) per cent of milk solids. 3. Condensed milk or evaporated milk is whole milk from which a considerable portion of water has been evaporated and contains not less than twenty-four and five tenths (24.5) per cent of milk solids, including not less than seven and seven tenths (7.7) per cent milk-fat. 4. Sweetened condensed milk is Avhole milk from which a considerable portion of water has been evaporated and to which sugar (sucrose) has been added, and contains not less than twenty-four and five tenths (24.5) per cent of milk solids, including not less than seven and seven tenths (7.7) per cent milk-fat. 5. Condensed skim-milk is skim-milk from which a con- siderable portion of water has been evaporated. 6. Cream is that portion of milk, rich in milk-fat, which rises to the surface of milk on standing, or is separated from it by centrifugal force, is fresh and clean, and contains not less than eighteen (18) per cent of milk-fat. 7. Evaporated cream, clotted cream, is cream from which a considerable portion of water has been evaporated. 8. Milk-fat, butter-fat, is the fat of milk and has a Reichert-Meissel number not less than .905 (40 degrees C). 9. Butter is the clean, non-rancid product made by gather- ing in any manner the fat or fresh or ripened milk or cream into a mass, which also contains a small portion of the other milk constituents, with or without salt, and contains not less than 80 per cent of milk-fat. [Amendment approved April 22, 1909; Stats. 1909, p. 1088.] Duty of state dairy bureau. Sec. 3. It shall be the duty of the state dairy bureau, now existing under the laAvs of this state, to enforce the pro- visions of this act; provided, that nothing in this act shall be construed to prevent any city or county board of health or other city or county official from enforcing the provisions of this act. DAIRIES. 745 Penalty for violation of act. Fines. Sec. 4. Any person who shall violate any of the pro- visions of this act shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty-five ($25.00) dollars, nor more than two hundred ($200.00) dollars, or by imprisonment in the county .jail for not less than ten nor more than sixty days. Provided that no conviction shall be had Avhere a conviction is sought upon any alleged sample of milk, or product of milk, unless such sample has been taken in duplicate, sealed and marked for identification, and one of such samples left with the person accused. All fines collected under this act shall be paid to the state dairy bureau when the complaint is made through the state dairy bureau and the state dairy bureau shall pay the same to the state treasurer and the amount paid by the state dairy bureau to the state treasurer is hereby appro- priated to the use of the state bureau in enforcing this act for the fiscal year in which the amount was paid to the state treasurer. Interference with inspectors. Sec. 5. It shall be unlawful for any person to prevent or interfere Avith the duly authorized inspectors or agents of the state dairy bureau, or any city or county board of health, from entering any place or premises where milk or products of milk are produced or manufactured or prepared or to prevent or interfere with such inspectors or agents in the event they deem it advisable to secure samples of milk or milk products from any person producing or selling milk or products of milk for the purpose of analyzing the same to ascertain whether this act is being violated. Duty of district attorney. Sec. 6. It shall be the duty of the district attorney, upon application of the state dairy bureau or any city or county board of health to attend to the prosecution, in the name of the people, of any complaint entered for violation of any of the provisions of this act within his district. Inconsistent acts repealed. Sec. 7. All acts, or parts of acts, inconsistent with this act are hereby repealed. Act takes effect when. Sec. 8. This act shall take effect and be in force sixty days after its passage. 746 APPENDIX. An Act to prohibil the use of clicmivals and oilier tnafe^'ials in ■niitk and inilk products to prevent fermentation tJiercin. [Apjiroved March 23, 1907; Stats. 1907, p. 971.] § 1. Milk, use of substances to prevent fermentation prohibited, § 2. Duty of state dairy bureau. § 3. Penalty for violation. Samples of milk. Disposition of fines. 5 4. Tntcrfcrent'e ^vith inspectors. S 5. Duty of district attorney. § 6. Inconsistent acts repealed. § 7. Act takes effect when. Milk, use of substances to prevent fermentation prohibited. Section 1. Tt shall he iinhnvful for ftny person to produee, maimfactui^e oi- prepare for sale, or to .soil, or to otfer for sale, or have on hand for sale, any milk or product of milk to which has been added, or that may contain, anv compound of boron, salicylic acid, formaldehyde or other chemical or substance for the purpose of preventing or delaying fermentation. It shall be unlawful for any person to produce, manufacture or prepare for sale, or to sell, or to offer for sale, or have on hand for sale, any milk, cream or condensed milk to which any coloring matter has been added by any person or to whieh any gelatine or other substance has been added by any jDcrson to increase the consistency of such milk, cream or condensed milk, so as [to] make such milk, cream or con- densed milk appear richer or to [sic] better quality; pro- vided, that this section shall not be construed to prohibit the use of harmless coloring matter and common salt (chlo- ride of sodium) in butter and cheese. The word "person" as used in this act shall be con.strued to import both the singular and plural, as the case demands, and shall include individuals, corporations, companies, societies and associa- tions. When construing and enforcing the provisions of this act, the act, omission or failure of any employee, officer, agent or other person, acting for or employed by any in- dividual, corporation, company, society or association, within the scope of his employment or office, shall in every case also be deemed to be the act, omission or failure of such individual, corporation, company, society or association, as well as that of the person. The provisions of this act shall be construed to apply to hotel-keepers, restaurant-keepers and boarding-house keepers, or to any other person who shall serve meals and accept money therefor. Duty of state dairy bureau. Sec. 2. It shall be the duty of the state dairy bureau, now existing under the laAvs of this state, to enforce the DAIKIES. 747 provisions of this act; provided, that nothing in this act shall be eonstrned to prevent any city or county board of health or other city or county official from enforcing the pro- visions of this act. Penalty for violation. Samples of milk. Disposition of fines. Sec. 3. Any person who shall violate any of the pro- visions of this act shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than tAvo hundred dol- lars ($200.00) or by imprisonment in the county jail for not less than ten days nor more than sixty days ; provided that no conviction shall be had when a conviction is souoht upon any alleged sample of milk, or product of milk, unless such sample has been taken in duplicate, sealed, and marked for identification, and one of such samples left with the person accused. All fines collected under this act shall be paid to the state dairy bureau when the complaint is made through the state dairy bureau and the state dairy bureau shall pay the same to the state treasurer and the amount paid by the state dairy bureau to the state treasurer is hereby appro- priated to the use of the state dairy bureau for the fiscal year in which the amount is paid to the state treasurer. Interference with inspectors. Sec. 4. It shall be unlawful for any person to prevent or interfere Avith the duly authorized inspectors or agents of the state dairy bureau, or any city or county board of health, from entering any place or premises Avhere milk or products of milk are produced or manufactured, or pre- pared, or to prevent or interfere Avith such inspectors or agents, in the event they deem it advisable to secure sam- ples of milk or milk products from any person producing or selling milk or products of milk for the purpose of analyzing the same to ascertain Avhether this act is being violated. Duty of district attorney. Sec. 5. It shall be the duty of the district attorney, upon application by the state dairy Inireau or by any city or county board of health to attend to the prosecution, in the name of the people, of any complaint entered for the viola- tion of any of the provisions of this act within his district. Inconsistent acts repealed. Sec. (). All acts, or parts of acts, inconsistent with this act are hereliy repealed. 748 APPENDIX. Act takes effect when. Sec. 7. Tliis act shall take effect and be in force sixty days after its passage. DKUGS. Act preventing manufacture, sale, or transportation of adulterated, mislabeled, or misbranded drugs, and establishing a state laboratory for drugs: ^ce ruite, Appcmlix, tit. "Adulteratiou." An Act for l/ic prcvoilioii of tJte manufaciure, sale or tra)is- porlaiion of adnltcraied, mislabeled or misbranded drugs, rcgidating tlie irafjlc in drugs and 'providing penalties for violation tlicreof. [Approved March 11, 1907; Stats. 1907, p. 230. 1. Amended 1913; Stats. 1913, p. 767. 2. Amended by Stats. 1915, p. 172.] § 1. Sale of adulterated drugs prohibited. Goods intended for export. § 2. Definition of term "drug." § 3. Standard of purity. § 4. What constitutes adulteration. § 5. Definition of term "misbranded." § 6. Drugs deemed mislabeled, when. § 7. Definition of term "package." § 8. Evidence of violation of act. § 9. State laboratory to analyze suspected drugs. Eight of sheriff to purchase or seize. § 10. Report to district attorney. § 11. Unlaw^ful to refu^ to sell to sheriff. § 12. When analysis shows adulteration, report. § 13. Evidence of facts. § 14. Annual report of director of state laboratory. § 15. Notice' of violation furnished guarantor. Hearing. Certificate of facts to district attorney. § 16. Duty of sheriff. § 17. Fees of sheriff. § 18. Duty of district attorney. § 19. Penalty for violation of act. § 20. Disposition of fines. § 21. Guaranty of jobber protects dealer. Prosecution of jobber. § 22. Act takes effect when. Sale of adulterated drugs prohibited. Goods intended for export. Section 1. The manufacture, production, preparation, com- poundinff, packing, selling, offering for sale or keeping for sale within the state of California, or the introduction into this state from any other state, territory, or the District of Columbia, or from any foreign country, of any drug which is adulterated, mislabeled or misbranded within the mean- ing of this act is hereby prohibited. Any person, firm, com- pany, or corporation who shall import or receive fi-om any other state or territory or the District of Columbia or fi'om DRCGS. 749 i\ny foreign eoiuitry. or wlio liaviiiu so i-eceivod shall de- liver for pay or otherwise, or offer to deliver to any other person, any drug adulterated, mislabeled or misbrauded within the meaning of this act, or an.y person who shall manufacture or produce, prepare or compound, or pack or sell, or offer for sale, or keep for sale, in the state of Cali- fornia, any such adulterated, mislabeled, or misbranded drug, shall be guilty of a misdemeanor; provided, that no article shall be deemed misbranded, mislabeled or adul- terated within the provisions of this act when intended for export to any foreign country and prepared or packed ac- cording to the specifications or directions of the foreign purchaser when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is intended to be shipped; but if said article shall be in fact sold or offered for sale for domestic use or consumption, then this proviso shall not exempt said article from the operation of any of the other provisions of this act. Definition of term "drug." See. 2. That the term "drug" as used in this act, shall include all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of disease of either man or other animals. Standard of purity. Sec. 3. The standard of purity of drugs shall be the United States Pharmacopoeia and National Formulary, and the regulations and definitions adopted for the enforcement of the food and drugs act of June 30, 1906, shall be adopted by the state board of health for the enforcement of this act. What constitutes adulteration. Sec. 4. Drugs shall be deemed adulterated within the meaning of this act in any of the following cases: First. If, when a drug is sold unde]' or by a name rec(fg- nized in the United States Pharmacopoeia or National For- mulary, it dift'ers from the standard of strength, quality or purity, as determined by the test laid down in the United States Pharmacopoeia or National Formulary offi- cial at the time of investigation ; provided, that no drug defined in the United States Pharnuicopoeia or National Formulary shall be deemed to be adulterated under this provision if the standard of strength, quality, or purity be 750 APPENDIX. pliiiiily stilted iipoii tlif packav.c tlicrcol' j act to be known as the jiivenile court law, and concerning persons nndcr the age of twenty-one years; and in certain cases providing for their care, custody and maintenance; providing for the prohationary treatment of such, persons, and for the commitment of such persons to the Whiitier State School and the Preston School of Industry, the California School for Girls, and other institutions; estahlishing prohation officers and a probation committee to deal with such persons and fixing the scdary thereof; providing for the establishment of detention homes for such persons; fixing the method of procedure and treat- ment or commitment where crimes have been committed by such persons; providing for the punishment of those giiilty of offenses with reference to such persons, and defining such crimes; and repealing the juvenile court law approved March 8, 1909^ as amended by an act ap- proved April 5, 1911, and a^ amended by an act approved June 16, 19:^3, and all amendments thereof and all acts or parts of acts inconsistent herewith. [Approvpd June 15, 1915. Stats. 1915, p. 1225.] "Juvenile court b/.\ " Section 1. This fict shall be known as the "juvenile court law" and shall apply to any person under the age of twenty- one years: Persons affected. 1. Who is found begging, receiving or gathering alms, or who is found in any street, road or pu])lic place for the pur- pose of so doing, whether actually begging or doing so under the pretext of selling or offering for sale any article or arti- cles, or of singing or playing on any musical instrument, or of giving any public entertainment or accompanying or being used in aid of any person so doing ; or 2. Who has no parent or guardian; or who has no parent or guardian willing to exercise or capable of exercising proper parental control; or who has no parent or guardian actually exercising such proper parental control and who is in need of such control ; or 3. Who, being a minor, is destitute, or whose father, said person being a minor, does not or cannot provide for said person the necessities of life, and who has no other means, through his mother or otherwise, of obtaining said necessi- ties. 4. Whose home, said person being a minor, by reason of neglect, cruelty or depravity on the part of his parents or Pen. Code — 49 770 APPENDIX. cither ol" them, or on Ihc \)i\vt of his guardian, or on tho part of the i^erson in whose custody oi' eai-e he may he, is an un- lit i)hiee for said jx'rson ; or 5. AVho is found wanderinj>- and either lias no home or no settled place of ahode or no visihle means of subsistence or no proper guardianship ; or 6. Who is a vagrant or who fre(iuents the company of criminals, vagrants or prostitutes, or persons so reputed; or Avho is in any house of prostitution or assignation ; or 7. Who habitually visits without parent or guardian any public billiard room or public poolroom, or any saloon or any place Avhere any spirituous, vinous or malt liquors are sold, bartered, exchanged or given away; or 8. Who habitually uses intoxicating liquors or habitually smokes cigarettes, or habitually uses opium, cocaine, mor phine or other similar drug without the direction of a com- petent physician ; or 9. Who, being a minor, persistently or habitually refuses to obey the reasonable and proper orders or directions of, or who is beyond the control of, his parent, parents, guard ian or custodian ; or 10. Who is an habitual truant from school within the meaning of any law of this state ; or 11. Who is leading, or from any cause is in danger o.^ leading, an idle, dissolute, lewd or immoral life ; or 12. Who is insane, or feeble-minded, or so far mentally deficient that the parents or guardian are unable to exercise proper parental control over said person, or whose mind is so far deranged or impaired as to endanger the health, per- son, or property of himself or others. 13. Who violates any law of this state or any ordinance of any towni, city, county, or city and county of this state defin- ing crime. 14. AVho shall be declared free from the custody and con- trol of his parents, as more fully defined in section fifteen of this act. Persons judgfed wards of court. Sec. 2. When any person under the age of twenty-one years, alleged to come within the provisions of any of the subdivisions one to thirteen inclusive of section one of this act. shall be fomid by said court or .judge to come within the terms of any of said subdivisions as alleged, the court shall adjudge said person to be a ward of the juvenile court and shall in its judgment make a finding of the facts upon which the court exercises its jurisdiction over such person as a ward of the juvenile court; and the court shall thereupon JUVENILI-: CDiiirr. 771 make such order or oi-ders, in accordance with said findings, as may be necessary for the care of said ward of the juvenile court ; provided, however, that no merely unfortunate person shall be so committed or placed as to be brought into direct contact or personal association with wayward persons of evil influence. All coniniitment and recommitment orders shall be in writing, and shall be signed by the judge of the juve- nile court. Any person may file petition. Sec. 3. Any person may file with the clerk of the supe- rior court a petition showing that there is within the county, or residing therein, or, in the case of any alleged violation within said county of any law or ordinance, that there then was within said county, a person coming within the provi- sions of section one or section fifteen of this act, and praying that the superior court deal with such person as provided in this act. Such petition shall be verified, and shall contain a statement of the facts bringing said person M-ithin the provi- sions of either of said sections, and the names and residences, if known to said petitioner, of the parent or parents or guardian of said person, or if there be neither parent nor guardian residing Avithin the county, or in the case of a per- son coming within the provisions of subdivision fourteen of section one or of section fifteen, if there be no parent resid- ing Avithin the state or if his place of residence be not known to said petitioner, then the name and residence, if known to srxid petitionei". of some relative of said person, residing within said county, or in the case of a person coming within the provisions of subdivision fourteen of section one or of section fifteen, then the name of some relative residing within said state. Either the judge of said court or the clerk thereof may set the time for the hearing of said petition. No filing fee. Sec. 3a. There shall be no fee for filing such petition mentioned in the foregoing section. Nor shall any fees be charged by any officer for his services in filing or serving papers, nor for the performance of any duty enjoined upon him by this act. except where the sheriff transports a person to a state institution. Probation officer notified. See. 3b. It shall be the duty of the clerk of any court before which any person alleged to come within the provi- sions of sections one or fifteen of this act is brought, to notify the probation officer of the county thereof immedi- ately upon the filing of the petition. i l2 APPENDIX. Citation to appear. Sec. 4. Upon the filinj^ of tho petition provided for in seetion tliree hereof, a citation sliall issue, rec|uirinj? the per- son or persons having the custody or control of the person alleged to come within the provisions of any of subdivisions one to tliirteen iiu'lusive of seetion one of this act, to appear with said person so aliened at the time and place stated in the citation. Service of said citation must be made at least twenty-four hours before the time stated tlierein for such appearance. The parent or guardian of said person so al- leged, if residing within the county in which the court sits, and if their places of residence be known to the petitioner, or if there be neither parents nor guardian so residing, or if their places of residence be not known to the petitioner, then some relative of said person so alleged, if any there be resid- ing within said county, and if his residence and relationship to said person so alleged be known to the petitioner, shall be notified of the proceeding by service of citation requir- ing him or them to appear at the time and place stated in said citation. Service of citation may be waived by any per- son by a voluntary appearance entered in the minutes of the court or by a written waiver of service of citation filed with the clerk of the court at or prior to the hearing. In any case, the judge presiding in the juvenile court may appoint some suitable person to act in behalf of said person so al- leged, and may order such further notice of the proceedings to be given as he may deem proper. Failure to appear. See. 4a. If any person cited, as herein provided, shall fail, without reasonable excuse, to appear and abide by the order of the court or to bring said person so alleged, if so required in the citation, such failure shall constitute a con- tempt of said court, and may be punished as provided for in other cases of contempt of court. When citation cannot be served. Sec. 4b. In case such citation cannot be served, or the party served fails to obey the same, or in any case in Avhich it shall be made to appear to the court that said citation will probably be ineffective, a warrant of arrest shall issue on the order of the court, either against the parent or guard- ian, or the person having the custody of said person so al- leged, or with whom the said person so alleged may be, or against the said person so alleged himself, or any or all said persons ; or if there be no person to be served with citation, as above provided, a warrant of arrest may be issued imme- diately against the said person so alleged. On the return JUVENILE COURT. 778 of the citation or other process, or as soon thereafter as possible, the court shall proceed to hear and dispose of the case in a summary manner. Until the final disposition of any ease, said person so alleged may be retained by the per- son having charge of said person, or may be kept, upon the order of the court, in some suitable place, provided by the county, or city and county, or may be held otherwise, as the court may direct. Prosecution under general law. Sec. 4c. If upon the hearing, or at any time thereafter, said court shall determine that any person alleged to come within the provisions of subdivision thirteen of section one of this act, is not a fit and proper subject to be dealt with under the provisions of this act, said court may dismiss the petition therein, and direct that said person be prosecuted under the general law. Persons under eighteen. Sec. 4d. No person under the age of eighteen years at the time of the commission of an alleged offense or crime shall be i^rosecuted for crime until the matter has first been sub- mitted to the juvenile court by petition as hereinbefore pro- A'ided, or by certificate of the lower court as hereinafter provided. Order is not conviction. Sec. 5. In no case shall an order adjudging a person to be a ward of the juvenile court be deemed to be a conviction of crime. Persons under eighteen not to be tried before justice, etc. In case of persons under twenty-one, statute of limita- tions suspended. Sec. 6. Whenever a deposition or complaint shall be filed in any court other than a superior court, charging a person with a crime and it shall be suggested or shallappear to the judge, justice or recorder before Avhom such person is brought that the person charged Avas at the date the offense is alleged to have been committed under the age of eighteen years, said judge, justice or recorder, shall immediately sus- pend all proceedings against such person on said charge and examine into the age of such person, and if, from such ex- amination, it shall appear to the satisfaction of said judge, justice or recorder, that such person was at the date the offense is alleged to have been committed under the age of eighteen years, he shall forthwith certify to the juvenile court of his county (a) that said person (naming him) is charged with such crime (briefly stating its nature) ; (b) that said person appears to be iinder the age of eighteen years, 774 Al'l'ENUIX. giving' (late oT hiith when Iviiov.n, and (c) tliut ])rocoedings have l)eeii suspended against such person on such charge by- reason of his age, with the date of such suspension; and immediately thereupon all pi'ocecdings against the said per- son on said charge shall be suspended until said juvenile court shall issue its mandate, as hereinafter provided, direct- ing the court l)efore '\\hich said charge Avas made to proceed A\itli the examination into or trial thereof, and the court so suspending its proceedings shall forthwith cause such person to be taken before the juvenile court of the county for con- sideration and proceedings under this act. To such certifi- cation said judge, justice or recorder, or the clerk of said court shall attach a certified copy of said original deposition or complaint, and when such person shall be brought before the judge of the juvenile court, said judge shall direct the probation officer to file a petition as provided in section three of this act, except that said petition need not be veri- fied ; and said probation officer shall forthwith comply Avith such directions. Pending such hearing said judge may admit said person to bail or otherwise provide for his tem- porary custody in any manner provided herein for the care of a ward of the juvenile court. The proceedings thereafter shall be the same as in the case of a verified petition; pro- vided, hoAvever, that if said judge of the juvenile court shall after such investigation decide that the person was at the time said offense was alleged to haA^e been committed of the age of eighteen years or more, such determination shall be conclusive and he shall immediately issue his mandate directing the court before AA'hich such charge is pending to proceed thercAvith, and upon receipt of such mandate said court shall proceed Avith the examination or trial of said charge as though no suspension thereof had taken place ; except that if said judge of the juvenile court shall find that the person so charged is under the age of tAventy-one years, and a fit subject for consideration under the provisions of this act, he may make such order or orders hereunder as he may deem best in relation to such person ; but if such judge shall at any time conclude that such person is not a fit sub- ject for further consideration under this act, he may sit as a committing magistrate and hold a preliminary examination if such person is charged Avith a felony, or he may remand such person to the court in Avhich said person is charged Avith said offense for further proceedings oil said charge, and upon receipt of the mandate of said juvenile court, or the judge thereof, the court before Avhich said charge is then pending shall be vested Avith full authority to proceed Avith the examination or trial thereof. JUVENILE COURT. ' 775 All statutes of liiuitatious relating to the charge so pend- ing against such person shall be suspended as to said person and charge from the issuance by said judge, justice or re- corder of his certificate hereinbefore provided for until said juvenile coui't, or judge thereof, shall issue its mandate re- manding such pei'son for further proceedings as aforesaid; and all statutes of limitation relating to any charge, made in any court, against any person under the age of twenty- one years, shall be suspended as to such charge and person whenever, and as long as, such person is before the juvenile court for consideration under the provisions of this act, or is detained by virtue of any commitment issued hereunder and unrevoked; but if said person shall be discharged by the juvenile court as reformed, such order of discharge shall constitute a bar to any further proceedings in any court against said person upon said charge. Persons under twenty-one charged with felony. May be admitted to state schools. If person proves incorrigible. Sec. 7. Whenever any person over the age of eighteen years ■ and under the age of twenty-one years is accused of a felony or misdemeanor by indictment or information there- for in the superior court of the county Avherein the crime Avas committed, the judge may in his discretion, with the consent of the accused, or upon his request, arrest said pro- ceeding at the time of arraignment or at any time previous to the impanelment of a jury, except where the crime charged is a capital offense, or any attempt to commit a capital offense, and may proceed to investigate the charge against the defendant, and all the facts and circumstances necessary to determine the proper disposition to be made of said person, and shall determine whether such person shall be dealt with as a ward of the juvenile court under the provisions of this act. If the court is satisfied upon such investigation that said person should be declared a ward of the juvenile court and should be dealt with under this act, it may make such order or orders as herein provided for the disposition of such wards. If such person thereafter proves not to be amenable to the discipline of the state school to Avhich he may be committed, and the trustees thereof shall determine that said person should be committed to a state penitentiary, such person shall be returned to the committing court, and thereafter proceedings shall be had upon the indictment or information commencing at the point at which proceedings were arrested ; and said person shall be tried for the offense alleged in the information, and if con- victed shall be sent to the penitentiary for such time as the court may determine or otherwise dealt with in accordance 77G APPENDIX. with the law for dealing- witli jxTsoiis coiivieted of: a felony, if no roqiicst is made by the defendant for proceedings under this statute, or if the defendant desires ti-ial by jury, or if the judoe deelines to consent to the application of the defendant for proceedings under this statute, said cause shall ]>rocecd in the ordinary manner up to the verdict of guilty or not guilty, as the case may be. . ' If said person is convicted, the court nmy thereafter re- ceive such evidence as may be offered, touching the (piestion as to whether or not said person should be dealt with as a ward of the juvenile court in the manner hereinbefore pro- vided in the case of the application and consent of the accused before trial, and may make such order of probation or commitment to said state schools, and may from time to time modify said probation orders, as is herein provided in the case of persons adjudged wards of the juvenile court. If such person during the period of his commitment to said state institution, proves to be incorrigible or not amenable to the discipline of such institution, and it shall be deemed advisable in the judgment of the trustees of such institution that said person be sent to a state prison, then said person shall be returned to the superior court in which the verdict was rendered, for sentence, and thereupon the court shall pronounce judgment. Period, of commitment and place. Court may admonish and dismiss. Wards under eight or having' contagious disease. Sec. 8. "When any person alleged to come Avithin the pro- visions of any of subdivisions one to thirteen inclusive of section one of this act shall be adjudged by said court or judge to come Avithin the terms of any of said subdivisions, and adjudged to be a ward of the juvenile court, the court may make an order committing said person for such time as the. court may deem fit, but not beyond the time Avhen such ward of the juvenile court shall reach the age of tw^enty-one years, either (a) to the home and care of some reputable person of good moral character, or (b) to the care of some association, society or corporation embracing within its objects the purpose of caring for or obtaining homes for such persons, willing and able to receive and care for said ward, or (c) to the care of the probation officer, to be boarded out or placed in some suitable family home, in case provision is made by voluntary contribution, or otherwise, for the payment of the board of said Avard until suitable provision may be made for said ward in a home without such payment, said Avard to be subject to the supervision of the probation officer and the further order of the court; JUVENILE COURT. 777 or (d) on probation to the care of the probation officer, said ward to remain in the home of said ward, or in any other fit home in which the conrt may order the probation officer to place said ward, subject to the visitation of the proba- tion officer, said ward to report to the probation officer as often as may be required, and to be subject to be returned to the court for further proceedings whenever such action may appear necessary or desirable; or (e) the court may, if said ward of the juvenile court be .a boy, commit him to the Preston School of Industry, or to the Whittier State School, during his minority; provided, that no boy under the age of sixteen years shall be committed to the Preston School of Industry, nor any boy over the age of sixteen years to the Whittier State School, or if a girl, commit her to the California School for Girls, until twenty-one years of age ; or may commit such person to any other state or county institution that is now established or may hereafter be estab- lished for the purpose of caring for and training persons that come within the provision of this act ; provided, how- ever, that before conveying any such person to any such institution it shall be ascertained from the superintendent thereof whether such person can be received; provided, how- ever, that such commitment under this act to either the Preston School of Industry or the Whittier State School shall permit the transfer of any such boy from one institu- tion to the other upon the agreement thereto by the super- intendents of such institutions. When any person alleged to come within the provisions of any of subdivisions one to thirteen inclusive of section one of this act shall be found by said court to come within said provisions, said court may at its discretion admonish said person and dismiss said petition. No ward w^ho is under the age of eight years and no ward who is suffering from any contagious, infectious, or other disease which Avould probably endanger the lives or health of the other inmates of said state schools shall be committed thereto. No person under the age of fourteen years at the time of the commission of any offense wdth which he may be charged shall ever be sent to a state prison unless he has first been committed to the Whittier State School, or the Preston School of Industry, and has there proved to be in- corrigible or not amenable to the discipline of said school. No ward shall be committed to said state schools unless the judge of said court shall be fully satisfied that the mental and physical condition and qualifications of said w^ard are such as to render it probable that such ward will be bene- 7(8 ai'1'i:ni)IX. ^ filed I'v !lic n'riii'iii.-itory cdiicMl ioiuil fliscipliiic of siicli schools. Ae('om[)aiiyiii.i; llic coiiiiniliiK'nl p;i|»(i's, llic coiii't iiiiisl, scud to tlie supci'iiitciidciit of llic stnic institution to Avliich said person is coiuiiiittcd a suiniiiary of all llic i'acts in the possession ol' the court, covering the histoi-y oi" the ward conniiitted, includini'' a slatciiient of tlic menial and j)hysieal condition ol' said ward. Order may be modified. Parole system not affected. Sec. 9. Any oi-der made ])y the court m case of any per- son sul)ject to the jui-isdictioii of the court under the provi- sions of any of subdivisions one to thirteen inclusive of sec- iion one of this act may at any time be changed, modified or set aside as to the judge may seem meet and proper ; pro- vided, however, that nothing in this act contained shall be deemed to interfere with the system of parole and discharge that is now or may hereafter be provided hy law, or by rule of the board of trustees of the Whittier State School, the Preston School of Industry or the California School for Girls, or any similar state institution or institutions, respectively, for the parole and discharge of wards of the juvenile court committed to the said schools or to any similar state institutions hereafter created, or with the management of the said schools, save that the court committing a ward to any of said schools may thereafter change, modify or set aside said order of commitment upon ten days' notice of the hearing of the application therefor being served by United States mail upon the superintendent of the said school to which said person has previously been committed, and pro- viding that the court shall not then change, modify or set aside said order without due consideration of the effect thereof upon the discipline and parole system of said school or institution. Notice to probation officer. Sec. 9a. No order of court or modification thereof shall be made in any juvenile court proceedings concerning any ward of the juvenile court either in chambers, or otherwise, without notice of the application therefor having first been given by the judge or the clerk of said court to the probation officer. Taking ward from parent. Sec. 9b. No ward of the juvenile court as defined in this act shall be taken from the custody of his parent or legal guardian, without the consent of such parent or guardian unless the court shall find such parent or guardian to be in- capable of providing or to have failed or neglected to provide JUVENILE COURT. 779 proper maintenance, training and education for said person; or unless said person has been tried on probation in said custody and has failed to reform, or unless said person has been convicted of crime by a jury, or unless the court shall find that the welfare of said person requires that his custody be taken from said parent or guardian. Incorrigible person returned to court. Judge to sit as com- mitting' magistrate. See. 10. Should it develop, either at the time of their pres- entation, or after having become an inmate thereof, that any person, Avho has been committed to either of such insti- tutions is an improper person to be there retained or so incorrigible or so incapable of reformation under the disci- pline of the school to Avhich such person may be committed as to render his or her retention detrimental to the interests of the school, the superintendent may, with the approval of the board of trustees of such institution, return such per- son to the committing court. And in the event of such re- turn, the transportation of such person shall be made in the same manner, and the compensation therefor, if any, shall be paid as is provided for in the execution of an order of commitment to such institution. When any ward of the juvenile court under subdivision thirteen of section one of this act shall have been accused of a felony and no indictment or information shall have been filed, and said ward shall have been committed to either of said schools and shall there prove to be incorrigible or not amenable to the discipline of the said school, and shall be returned to the custody of the juvenile court, w^hich in such case the trustees of said school are hereby authorized to do, it shall be the duty of the judge of said court to sit as a committing magistrate and hold the preliminary examina- tioi} of such person, and if upon said hearing he shall deter- mine that there is probable cause to believe that the said person has committed the offense charged in the petition theretofore filed in said court, he shall hold such person to answer to the superior court, and thereupon the usual proceedings shall be had for the trial of said case in the superior court after the filing of the information in pursu- ance to said order of said judge sitting as a committing magistrate, and said person shall be tried by court and jury in the usual manner for the trial of a felony. Support of ward. Paid to probation officer. Extent of par- ents' control. Duty of probation officer. Sec. 11. Any order providing for the care and custody of a ward of the juvenile couit may provide that the expense of 780 APPENDIX. su|)i)()i't ;nul iiiainti'iiiiiice of said ward sliall Ijc paid by the ])arent, parents, "uardian of said \\ai'd or otliei' person liable therefor, after citation thereto, or from the earnings, i)rop- erty or estate of said ward, and in such case shall state the amount to be so i:)aid. Tf it is found, however, that the ])aront, parents. «>uai'dian of said ward, or other person liable therefor, uvo unable to pay or that the eai-nings, prop- erty, or estate, of said ward are insufficient to pay the whole expense of suppoi-t and maintenance of said ward, the court may direct such additional amount as may be necessary for the maintenance and support of said ward to be paid from the county treasury of the county for the support and main- tenance of said ward, the amount so ordered to be paid from the treasui'y of said county not to exceed, in the case of any one ward, the sum of eleven dollars in any one month. No order for payment shall be made in a sum in excess of the actual cost of supporting and maintaining said ward. No order for the payment of all or part of the ex- pense of support and maintenance of a ward of the juvenile court from the county treasury shall be effective for more than six months, and upon said original and all subsequent hearings the case shall be continued on the calendar, but in no instance to exceed six months. The judge of the juvenile court may provide that the amount, or any part of the amount, so paid by parents, par- ent, guardian or other person liable therefor, or from the earnings, property or estate of said ward, shall be paid to the probation officer, to be by him paid as the court shall direct, first, to reimburse the person, association or institu- tion that under court order is caring for and maintaining said ward and after such reimbursement to reimburse the county. For such purpose said probation officer shall keep suital)le books and accounts.and shall give and keep suitable receipts and vouchers, and if such funds shall be by said probation officer kept in a bank, said bank shall be desig- nated by the judge of said court. The auditor of said county annually in the month of January shall audit such books and accounts and shall make a report thereon to the judge of said court and to the supervisors of such county prior to the thirty-first day of said month of January. In all cases the court may determine Avhether or not the parent, parents or guardian shall exercise any control of said ward and shall define the extent thereof. Any disobe- dience or interference with the custody and control of said ward shall constitute a contempt of court. It shall be the duty of the probation officer to see that such parent, guardian, or other person liable therefor, comply JUVENILE COURT. 781 with such orders, or upon three months' failure to make such payment to report such failure to said court. The court may thereafter set aside, change or modify any order herein provided for. Jurisdiction retained until ward is twenty-one. Sec. 12. The court shall retain the jurisdiction of any person who is found to be a ward of the juvenile court until such ward attains his majority,, or if a girl, until she attains the age of tAventy-one years, unless she is married with the consent of the court entered upon the minutes of the court, or until said court is satisfied that said Avard has fully re- formed or that further direction and supervision under the provis^ns of this act are unnecessary or inadvisable for said ward's reformation. Transfer of cases. Order of transfer. Sec. 13. AVhenever a petition has been filed in the juve- nile court of a county other than that of the residence of said ward, the entire case may be transferred at any time to the juvenile court of the county Avherein said person resides and thereafter the juvenile court in the latter county shall have jurisdiction of the ease. The expense of the transfer of said person shall be borne by the parent, parents, or guardian of the person so transferred or shall be paid out of the earn- ings, property or estate of said person, or if the parent, parents, or guardian are unable to pay the same or if the earnings, property or estate of said person is insufficient to pay the same the court shall order the same to be paid from the county treasury of the county ordering the trans- fer. AVhenever a case shall be transferred thereunder, the order of transfer shall recite (a) each and all the findings, orders or modification of orders that may have been made in said case, and (b) that said person resides in or has re- moved to the cpunty to which said matter has been trans- ferred and (c) to said order of transfer shall be attached a certified copy of the original ])etition in said matter. Such transfer shall be accompanied b.y a summary of all the facts in the possession of the court or probation officer covering the history of said person. Detention pending hearing-. No commitment to jail. Sec. 14. In the case of a person alleged to come within the provisions of section one of this act, the juvenile court, pend- ing the hearing, at any time before the person is adjudged a ward or otherwise disposed of, may order that said person be detained in any detention home provided for that purpose by any county, or said person may otherwise be temporarily 782 Al'I'ENDIX. providcMl Tor as to llie (Mnift may seem fit. in any niaiiner pro- vided herein for tiie eare of a ward of the juvenile court; pro- vided, i'urtiier, that should the legislative body of the county provide a suitable place for the detention of wards of the juve- nile court, sucli wards may be committed thereto for a definite period to be specified in such order, at the end of which time such wards shall be brought 1)efore the court for further order of court. The court may thereafter set aside, change or mod- ify said order and provide for a further detention in said place. No court, judge, magistrate or peace officer shall com- mit a person under sixteen years of age to any jail or prison, before trial and conviction, or detain such person therein, but if any such person is not released pending such hearing, he may be connnitted to the care and custody of a sheriff', con- stable or other peace office, who shall keep such person in a de- tention home or some other suitable place outside of the inclos- ure of any jail or prison, as the court may direct. When any person under i^ixteen years of age shall be sentenced to con- finement in any institution to which adult convicts or prisoners are sentenced or confined, it shall be unlawful to confine such person in the same room, yard or inclosure with such adult convicts or prisoners, or to permit such person to come or remain in contact with such adult convicts or prisoners. Persons free from parents' control. Sec. 15. AYithin the meaning of this act the words "per- sons who shall be declared free from the custody and control of his parents" shall include any person: 1. Who has been left in the care and custody of another by his parent or parents without any provision for his support, or w'ithout communication from such parent or parents, for the period of one year with the intent to abandon said person ; such failure to provide, or such failure to communicate for the period of one year shall be presumptive evidence of the intent to abandon ; such person shall be deemed and called an aban- doned person ; or 2. Who has been cruelly treated or neglected by his parent or parents; provided, that in either instance, said person shall have been a ward of the juvenile court and the parents de- prived of his custody because of such cruel treatment or neglect for the period of one year continuously immediately prior to the filing of a petitiou praying that he be declared free from the custody and control of his parents; or 3. Whose parent or parents are habitually intemperate; provided, that said person shall have been a ward of the juvenile court and the parents deprived of his custody because of such intemperance for the period of one year, continuously JUVENILE COURT. 7S3 iiiuiiediatoly i)rior to the filing of a petition praying that he be declared free from the eustody and control of his parents. Citation to issue upon filing of petition. Sec. 15a. Upon the filing of a petition, as provided in section three of this act, alleging that there is within the county or residing therein a person who should be declared free from the custod.y and control of Ms parents, as defined in this act, and praying that the superior court deal with said person as provided in this act, a citation shall issue, requiring the person or persons having the custody or control of said person or the person or persons with whom said person may be, to appear with said person at a time and place stated in the citation. Service of such citation must be made at least ten days before the time stated therein for such appearance. The parent or parents of said person, if residing within the state of California, and if their place of residence be known to the petitioner, or, if there be no parent so residing, or if the place of residence of such parent or parents be not known to the petitioner, then some relative of said person, if any there be residing Avithin the state, and if his residence and re- lationship to said person be knoMai to the petitioner, shall be notified of the proceedings by service of citation requiring him or them to appear at the time and place stated in such cita- tion. Service of such citations must be made at least ten daA's before the time stated therein for such appearance. When parents reside outside of state. Sec. 15b. If the parent or parents of said person reside outside of the state of California, or if their places of resi- dence be not known to the petitioner, the petitioner or his agent, or attorney, shall make and file an affidavit wherein there shall be stated the names of the parent or parents who reside outside of the state and their places of residence, if known to the petitioner, and the names of the parent or parents residing in or out of the state whose places of resi- dence are unknown to the petitioner and thereupon the judge ' of the juvenile court shall make an order directing a citation requiring him or them to appear at the time and place stated in such citation, to be served upon the parent or parents re- siding out of the state whose places of residence are known to the petitioner and upon the parent or parents residing in or out of the state whose places of residence are unknown to the petitioner by publication in some newspaper of general circulation printed and published in the county in which the court sits, and if there be no such paper in such county, then in some adjoining county to be designated by the judge of the 784 Al'l'ENDIX. Juvenile eoiiil, w liidi |iiililic;il ion .sli;ill he once a week' for lour successive weeks. Citation mailed. Sec. IHe. AVilliin ten days a Tier tlie makinrr of said order, a copy of tlu^ eitation, propei'ly addressed and with the postag:e thei'eon fully i)repaid, shall be mailed to the parent or parents who reside outside of the state at their places of residence, if knoA\n to the petitioner. Service of citation. Sec. 15d. When publication is ordered, personal service of a copy of the citation out of the state shall be equivalent to publication and deposit in the postoffice. In either case, the service of the citation shall be complete upon the completion of the publication and the time stated for the appearance of the parent or parents in a citation so served shall be not less than thirty days after the completion of such service. Failure to appear, contempt. Sec. 15e. In any case the judge of the juvenile court may appoint some suitable party to act in behalf of said person and may order such further notice of the proceedings to be given as he may deem proper. If any party, cited as herein provided, shall fail without reasonable cause to appear and abide by the order of the court, or to bring said person if so required in the citation, such failure shall constitute a con- tempt of said court. In case such citation cannot be served, or the party served fails without reasonable cause to obey the same, a warrant of arrest shall issue on the order of the court, either against the parent or the custodian of said person or with whom the said person may be, or against the said person himself, or any or all said persons; or if there be no party to be served with citation as above provided, a warrant of arrest may be issued immediately against the said person. Hearing' of case. Sec. 15f. On the return of the citation or other process, or as soon thereafter as may be, the court shall proceed to hear and dispose of the case, after full and careful consideration of all the evidence presented and with due regard to the legiti- mate rights and claims of the parent or parents of said person, and with due regard to any and all ties of blood or affection, but with the dominant purpose of serving the best interests of said person. Order depriving parent of control. Sec. 15g. Whenever the procedure laid down in section three and sections fifteen a, fifteen b, fifteen c, fifteen d, fif- V JUVENILE COURT. 78o teen c, or fifteen f has been followed, the juvenile court shall be empowered to make a final M^ritten order signed by the jndg:e presiding in said court, judieially depriving the parents of the custody and control of a person who shall be declared free from the custody and control of his parents ; provided, that nothing in this section shall be construed to impair the right of the court to make orders or commitments under any other section of this act. Any final order made and entered by the court under the provisions of this sectJDn. shall be con- clusive and binding ujion the person declared free from the custody and control of his parents, upon such parents, and upon all other persons who have been served with citation by publication or otherwise as herein provided. After making such final order, the court shall have no power to set aside, change or modify the same; provided, that nothing in this section shall be construed to impair the right of appeal. Superior court known as "juvenile court." Sec. 16. The superior court in every county and city and county in this state shall exercise the jurisdiction conferred by this act, and while sitting in the exercise of its said juris- diction shall be known and referred to as the "juvenile court." In counties or cities and counties having more than one judge of the superior court, the judges of such court shall annually, in the month of January, designate one or more of their num- ber, whose dut}' it shall be to hear all cases coming under this act; provided, that nothing in this section contained shall be construed in conflict with article six, section six, of the con- stitution of the state of California. The orders and findings, if any, of the superior court in all cases coming under the provisions of this act, shall be entered in a suitable book or books or other form of written recoVd, to be kept for that pur- pose, and known as the "juvenile court record," and the court, when acting under this act, shall be called the "juvenile court." All cases coming under the provisions of this act shall be heard at a special or separate session of the court, and no other matter shall be heard at such session, nor shall there be permitted to be present at such session, except as a witness in said matter, any person on trial or awaiting trial, or under accusation of crime, who does not come under the provisions of this act. Private hearing. Sec. 16a. Any person alleged or adjudged to come within any of subdivisions one to thirteen inclusive of section one of this act shall be entitled to have any proceeding concerning such person, heard privately, and upon the request of said Pen. Code — .^^O 7S() APPENDIX, porsoii, or oitlicr (;t" his parents, or muirdiaii, .siicli lieariug shall !)(' liad pi-ivalcly in the manner pi'ovidcd l>y law for private hcarini^s a1 prcrniiinai-y cxajuinations. Probation committee. JSee. 17. The jud.uc of the superior couil in and for each county, or city and county, of the state, and in counties where there is more than one judge of said court, tlic judge of the superior court in said county who has been designated the judge of the juvenile court shall, by order entered in the minutes of the court, appoint seven citizens of good moral character, to be known as the "probation committee," and shall fill all vacancies occurring in such committee. The clerk of said court shall immediately notify each person appointed on said committee, and thereupon said person shall appear before the judge of the said court and qualify by taking an oath, which shall be entered in said juvenile court record, to perform faithfully the duties of a member of such probation committee. Term of office. Vacancy. Removal. Meetings. Sec. 17a. The memljers of such probation committee shall hold ofSce for four j-ears, and until their successors are ap- I^ointed and qualif}^ ; provided, that of those first appointed, one shall hold office for one year, two for two years, two for three years, and two for four years, the terms for which the respective members shall hold office to be determined hy lot as soon after their appointment as may be. When any vacancy occurs in any probation committee by expiration of the term of office of any member thereof, his successor shall be appointed to hold office for the term of four years ; when any vacancy occurs for any other reasoii the appointee shall hold office for the unexpii'ed term of his predecessor. Any member of the probation committee may be removed for cause at any time by an affirmative vote of four members of said committee at a meeting called for the special purpose of considering the ques- tion of said removal and the subsequent written approval of the judge of the juvenile court filed with the clerk of the juvenile court, said Avritten approval to be filed within thirty days after the written report of said committee has been received by said judge. Written notice as to said special meet- ing shall be served on each of the members of said committee at least ten days prior to the day set therefor, and shall specify the purpose thereof. Examination of societies. Annual report. Supervision of wards. Control of detention home. Sec. 17b. The juvenile court, or the judge thereof, may at any time and upon request of the county board of supervisors JUVENILE COURT. 787 shall I'ccjuii'c said probation coininittce oi- the prol^ation officer to examine into the (lualiiications and management, of any society, as-^ociation or corpoi'ation, other than a state in- stitution, receiving, or applying for, any ward of the juvenile court and to report thereon to the court ; provided, that noth- ing in this section shall be construed as giving any probation officer or probation committee any power to enter any institu- tion without the consent of such institution but in the event that such consent is refused, commitments thereto shall not be made. It shall be the duty of each probation committee to prepare each year one or more reports in writing on the qual- ifications and management of all societies, associations, cor- porations and institutions, except state institutions, applying for or receiving any ward of the juvenile court from the courts of their respective counties, and in such report said committee may make such suggestions c r comments as to them may seem fit; such report shall be filed for the information of said court with the clerk of the juvenile court appointing such com- mittee. The probation committee shall also make to the court an annual report to be filed as a public document prior to the first day of December, copies of which shall be filed with the county board of supervisors and the state board of charities and corrections. It shall be the duty of the probation com- mittee to exercise a friendly supervision and visitation over the wards of the juvenile court when so directed by the court, to furnish the court information and assistance whenever re- quired upon the request of the court and from time to time, to advise and recommend to the court any change or modifica- tion of the order made in the case of a ward of the juvenile court as ma}^ be for the best interests of such person. Upon request of the judge any member of the probation committee shall investigate the ease of an alleged ward of the juvenile court coming under the provisions of this act, and render a report thereon to the juclge. The probation committee shall also have the control and management of the internal affairs of any detention home or branch detention home heretofore or hereafter established by the county board of supervisors ; and it shall be the duty of said board of supervisors to provide for the payment of such employees as may be needed in the efficient management of such detention home or branch deten- tion home or homes. Compensation. Sec. 17c. Members of the probation committee shall serve without compensation, but shall be allowed their reasonable traveling expenses as approved by the judge of the juvenile court ; and the same shall be a charge upon the county in which the court appointing them has jurisdiction, and said expenses 788 .\ri'i:.\i.i.\. nIijiII 1)c |>;ii(l oiij ol' llic county li'cjisiiry upnii a written oi'der ol' tlio ,jiul,iZ(^ ol" the juvenile I'ourt ol" said connty dir-ectin^ tlu; eonnty auditor to draw liis warrant iii)on the eounty treasurer for the speeilied amount of such expenses. All orders by the juvenile court jud.ue upon the county treasuiy shall be filed in duplicate with the county lioard of supervisors. Probation offices created. Term of office. Salaries. Re- moval. Bond. Sec. 18. The offices of probation officer and assistant pro- bation officer and deputy probation officer are hereby created. The prol)ation officers and assistant probation officers to serve hereunder in any county shall be nominated by the probation committee in manner as the judge of the juvenile court in the respective counties shall direct, and the appointment of such probation officers and assistant probation officers shall then be made by the judge thereof. The term of office of the probation officers and assistant probation offico-s shall be two years from the date of their said appointments. All probation officers and assistant probation officers receiving a salary of seventy-five dollars or more per month shall devote their entire time and attention to the duties of their offices, and no such probation officer or assistant probation officer, while holding such office and receiving salary therefor, shall be a candidate for or seek the nomination for any other public office or employment, and no person shall be ap- pointed to and receive the salary attached to such office of either probation officer or assistant probation officer who is a sheriff or constable or is related to the judge of the juvenile court or to a member of the probation committee of such county, by consanguinity or affinity within the third degree computed according to the rules of law. Such probation officers and assistant probation officers may at any time be removed by the judge of the juvenile court for good cause shown ; provided, that the judge of the juvenile court may at any time in his discretion remove any such probation officer or assistant probation officer with the written ap- proval of a majority of the probation committee. Every probation officer and every assistant probation officer receiv- ing an official salary shall, at the time that he files his oath of office, file with the county clerk of the county his official bond approved by the judge of the juvenile court. The judge of the juvenile court shall have authority by an order entered in the minutes of said court to determine and fix the amount of bonds of the probation officer of the county and of his assistants. If said bonds, or any of them, are furnished by any surety company licensed to transact busi- JUVENILE COURT. 7S9 lU'ss ill tlu' stale of ('alii'oniici, llio preiiiiuiii thcroon sliall 1)0 paid out of the county treasury. There shall be appointed, as herein provided, a probation officer in every county, and he may appoint as many deputies as he may desire ; provided, however, that such deputies shall not have authority to act until their appointment shall have been approved by a majority vote of the members of the pi'oba- tion committee, and by the judge of the juvenile court. The term of office of such deputies shall expire with the term of the probation officer making such appointment, but the proba- tion officer with the written approval of the majority of the members of the probation committee and of the judge of the juvenile court, may, at any time in his discretion revoke and terminate such appointment. Such deputies, except as here- inafter provided, shall serve without compensation ; provided, however, that in counties having charters providing a method of appointment and tenure of office for probation officers and members of the probation committee, such charter provision shall control as to such matters, and boards of supervisors, if thereto authorized thereby may increase or decrease the num- ber of assistants and deputies and the salary of the probation officer and such assistants, deputies and clerks. Referees in counties of first class. Female referees. See. 19. In counties of the first class the judge of the juvenile court may appoint referees in juvenile court mat- ters. Said referees shall have the usual power of referees in chancery cases in all such cases submitted to them by the court ; shall hear the testimony of witnesses and certify to the judge of the juvenile court their findings upon the case submitted to them, together with their recommendation as to the judgment or order to be made in the case in question. The court, after notice of the presentation of such find- ings and recommendation, to the parents of such person, may make the order reconunended by the referee, or any other order in the judgment of the court required by the findings of the referee, or may hear additional testimony, or may set aside said findings and hear the case anew. In appointing a referee for the trial of females, a female referee shall be appointed where possible. Such referee shall serve without compensation save that in counties of the first class having charters, the boards of supervisors shall fix the compensation for at least tw^o such referees. Where a case has been submitted to a referee, as herein provided, without any previous order for temporary custody having been made, the referee shall from time to time, recommend to the court such order or orders for temporary custody as 7!J() Al'l'KXUlX. may scciii iicccssai'N. ' IMu'i'dipoii siicli oi-dcr shall l)o niadr uiih'ss the courl slinll (letcrniiiic otlicrw isc. Officers in counties of first class. S(M'. IDa. Ill couiitics of tlic first class tliev(^ shall be one ]iroI)atioii officer and twenty-nine assistant ])r()1)ation officers, and cl(M'lvS. Tlie salaries of said officers shall be as follows: ]'robation officer, two hundred dollars per month ; two assist- ant probation officers, each one hundred and fifty dollars per month ; nineteen assistant probation officers, each one hundred dollars per month ; one assistant probation officer to act as pro- bation officer's l)ookkceper, one hundred dollars per month ; one assistant probation officer to act as probation officer's clerk, eighty-five dollars per month; three assistant probation offi- cers to act as stenographers to the probation officers in clerical Avork, each seventy-five dollars per month ; one as- sistant probation officer to act as stenograplier, sixty-five dollars per month ; one assistant probation officer to act as telephone exchange operator, fifty dollars per month ; one assistant probation officer "who shall be a physician at one hundred and twenty-five dollars per month. Second class. Sec. 19b. In counties or cities and counties of the second class there shall be one probation officer and ten assistant probation officers. The salaries of said officers shall be as follows : Probation officer, two hundred and twenty-five dol- lars per month ; two assistant probation officers, each one hundred and seventy-five dollars per month, and eight assist- ant probation officers, at one hundred and twenty-five dol- lars per month each. Third class. Sec. 19c. In counties of the third class there shall be one probation officer and eight assistant probation officers. The salaries of said officers shall be as follows : Probation officer, two hundred dollars per month ; one assistant probation officer, one hundred and seventy-five dollars per month ; one assistant probation officer, one hundred and sixty dollars per month ; one assistant probation officer, one hundred and fifty dollars per month ; one assistant probation officer, one hundred and tvrentj'-five dollars per month; two assistant probation officers, each one hundred dollars per month ; two assistant probation officers, each seventy-five dollars per month. Fourth class. Sec. 19d. In counties of the fourth class there shall be one probation officer, one assistant probation officer, and JUVENILE COURT. TUl one deputy probation officer who shall act as probation officer's clerk. The salaries of said officers shall be as fol- lows : Probation officer, one hundred and fifty dollars per month; assistant probation officer, one hundred dollars per month ; and one deput}^ probation officer to act as proba- tion officej-'s clerk, seventy-five dollars per month. Fifth and sixteenth classes. Sec. ll)e. In each of the counties of the fifth and six- teenth class, there shall be one probation officer whose salary shall be one hundred and fifty dollars per month. In counties of the fifth class there shall be one assistant pro- bation officer whose salary shall be one hundred and twenty- five dollars per month, one assistant probation officer at a salary of one hundred dollars per month, and one assistant probation officer, who shall be a competent stenographer, at a salary of eighty-five dollars per month. Sixth class. Sec. 19f. In counties of the sixth class there shall be one probation officer and three assistant probation officers. The salaries of such officers shall be as follows : Probation officer, one hundred and seventy-five dollars per month ; one assist- ant probation officer, one hundred and fifty dollars per month; one assistant probation officer, one hundred dollars per month ; and one assistant probation officer to act as probation officer's clerk, one hundred dollars per month. Seventh class. Sec. 19g. In counties of the seventh class there shall be one probation officer and three assistant probation officers. The salaries of said officers shall be as follows : Probation officer, one hundred and seventy-five dollars per month ; one assistant prol)ation officer, one hundred and fifty dollars per month ; one assistant probation officer, one hundred and twenty-five dollars per month ; and one assistant probation officer, one hundred dollars per month. Eighth class. Sec. PJh. In counties of the eighth class there shall be one probation officer and one assistant probation officer. The salaries of said officers shall be as follows : Probation officer, one hundred dollars per month ; assistant probation officer, seventy-five dollars per month. Ninth, twelfth, thirteenth, fifteenth, seventeenth, eighteenth, nineteenth, twenty-second, twenty-third, twenty-sixth, twenty-seventh, thirtieth, thirty-third and thirty-sixth, classes. See. 19i. in each of the counties of the ninth, twelfth, thirteenth, fifteenth, seventeenth, eighteenth, nineteenth, 792 Al'I'KNDIN. tweiity-secoiid. Iwciity-tliii'd, twenty-sixth, twenty-seventh, thii'tieth, thirty-third nnd tliirty-sixth class, there shall be one probation officer whose salary shall be one Imndred dol- lars per month. In counties of the ninth class there shall be two assistant probation officers, whose salaries shall be as follows: One assistant probation officer, whpse salary shall be seventy-five dollars per month, and one assistant ])robation officer whose salary shall be fifty dollars per month. In counties of the twelfth class, there shall be one assistant probation officer whose salary shall be seventy-five dollars per month. Tn counties of the thirteenth class there shall be one assistant probation officer whose salary shall be twenty-five dollars per month. In counties of the eigh- teenth class there shall be four assistant probation officers whose salaries shall be twenty-five dollars per month each. In counties of the twenty-third class there shall be one as- sistant probation officer whose salarj^ shall be fifty dollars per month. In counties of the tAventy-sixth class there shall he one assistant probation officer whose salary shall be forty dollars per month. Tenth class. Sec. 19j. Tn counties of the tenth class there shall be one probation officer whose salary shall be one hundred and sixty-six dollars per month, and one assistant probation officer whose salary shall be seventy-five dollars per month. Eleventh and fourteenth classes. Sec. 19k. In each of the counties of the eleventh and fourteenth class there shall be one probation officer whose salary shall be one hundred and tAventy-five dollars per month, and also an assistant probation officer whose salary shall be fifty dollars per month. Twentieth and thirty-second classes. Sec. 19 1. In each of the counties of the twentieth and thirty-secoiid class there shall be one probation officer whose salary shall be seventy-five dollars per month. In counties of the twentieth class there shall be one assistant probation officer, whose salary shall be fifty dollars per month. Twenty-first, thirty-ninth, fortieth and forty-second classes. Sec. 19m. In each of the counties of the twenty-first, thirty-ninth, fortieth and forty-second class, there shall be one probation officer whose sahiry shall be Mty dollars per month. JUVENILE COURT. 793 Twenty-fourth, twenty-eighth, twenty-ninth, thirty-seventh, forty-first, forty-third, forty-fifth, forty-sixth, forty- seventh, forty-ninth, fifty-first, fifty-second, fifty-third, fifty-fourth and fifty-sixth classes. Sec. 19n. In each of the counties of the twenty-fourth, twenty-eighth, twenty-ninth, thirty-seventh, forty-first, forty-tliird, forty-fifth, forty-sixth, forty-seventh, forty- ninth, fifty-first, fifty-second, fifty-third, fifty-fourth, and fifty-sixth chiss, there shall be one probation officer whose salary shnll be thirty-five dollars per month. Twenty-fifth class. Sec. 19o. In each of the counties of the twenty-fifth class, there shall be one probation officer whose salary shall be one hundred and twenty-five dollars per month, and one assistant prolintion officer whose salary shall be fifty dollars per month. Thirty-first class. Sec. 19p. In each of the counties of the thirty-first class, there shall be one probation officer whose salary shall be sixty dollars per month. Thirty-fourth class. Sec. 19q. In counties of the thirty-fourth class, there shall be one probation officer whose salary shall be ninety dollars per month. Thirty-fifth class. Sec. 19r. In counties of the thirty-fifth class, there shall be one probation officer who shall maintain an office in the courthouse at the county seat. The salary of said proba- tion officer shall be one hundred dollars per month. Forty-fourth and fifty-fifth classes. Sec. 19s. In each of the counties of the forty-fourth and fifty-fifth class, there shall be one probation officer whose salary shall be ten dollars per month. Forty-eighth and fiftieth classes. Sec. 19t. In each of the counties of the forty-eighth and fiftieth classes, there shall be one probation officer whose salary shall be twenty-five dollars per month. Fifty-seventh and fifty-eighth classes. Sec. 19u. In each of the counties of the fifty-seventh and fifty-eighth classes there shall be one probation officer whose salary shall be five dollars per montli. Sec. 19v. In counties of the thirty-eighth class there shall be one probation officer whose salary shall be seventy 794 Ai'PKXuix. dolhirs ])(■!• iiioiitli ;iiii'(ili;il ion ol'lii'ci', a woiiinii iiiciiiIk'I" dl' the pi'dliiil kiii coin- iiiiltc'i", or other vvoiiiau ; and in ti'an.sixd'tinii' ('ciiialc per- sons cominsi' iiiulcr any ol' the j)rovisions of tliis act, such persons shall he transported in. the care and custody of a woman. In this act the Avord "county" shall include "city and C()uut\'," the plural shall include the- siuf^'ular, and the siiifiulai- shall include the ])lural, and the word "wai-d" shall mean "a ward of the juvenile court," as defined in this act. Acts superseded. Sec. 25. This act shall supersede all provisions of the act entitled "An act to establish a state school for juvenile offenders, and to malce an ai)propriation therefor," ap- proved March .11, 188'J, and all amendments thereto, and all provisions of the act entitled "An act to establish a school of industry, to provide for the maintenance and mauaoement of the same, and to make an appropriation therefor," approved March 11, 1889, and all amendments thereto, relating to the mode of commitments to the in- stitutions therein named ; but said acts shall control as to all matters concerning the management of said institutions, respectively. Acts repealed. Sec. 20. The juvenile court law ai)proved March 8, 1909, as amended by an act approved April 5, 1911, and as amended by an act approved June 16, 1913, and all amend- ments thereof, and all acts or parts of acts inconsistent here- with are hereby repealed; provided, however, that nothing herein contained shall be deemed to interfere with the man- agement of any state school except as herein expressly pro- vided ; provided, further, that all orders and judgments heretofore made nnder the acts hereby repealed shall con- tinue in full force and effect and the court shall retain juris- diction of all persons now subject to the jurisdiction thereof, and such persons shall be herein dealt with in the same manner as if all previous orders had been made under the provisions of this act, and all proceedings now pending under said act shall be continued under the provisions of this act. Per.sons charged with crime nnder the provisions of sec- tion twenty-six of said law of nineteen hundred eleven, or section twenty-eight of said laAv of nineteen hundred thir- teen, shall be tried and punished nnder the la^v as it existed at the time of said alleged offense. All officers holding office under the provisions of said acts, shall be continued therein, subject hereto and nothing herein contained shall be deemed to interfere with their term or tenure of office. JUVENILE COURT. 795 Constitutionality. Sec. 27. If any one section or sections, or portion or por- tions of a section, or any paragraph or paragraphs, or sen- tence or sentences of this act are declared invalid such declaration shall not affect the rest of the law. LABOE UNIONS. An Act lo prevent persons from nnlawfully wearing the button of anij labor iinion of this state. [Approved March 20, 1909; Stats. 1909, p. 546.]' Labor unions, protection of button. Section 1. Any person who shall willfully wear the but- ton of any labor union of this state, unless entitled to wear said button under the rules of such union, shall be guilty of a misdemeanor, and, upon conviction, shall be punished by imprisonment for a term not to exceed twenty days in the county jail or by a fine not to exceed twenty dollars, or by both such fine and imprisonment. An Act to prevent persons from nnhnrfully nsing a union card. [Approved March 22, 1909; Stats. 1909, p. 668.] Union card, unlawful use of. Section 1. Any person, v.'ho shall willfully use the card of any labor union to obtain aid, assistance or employment, therel3y -within this state, unless entitled to use said card under the rules and regulations of a labor union within this state, shall be guilty of a misdemeanor. Conflicting acts repealed. Sec. 2. All acts, and parts of acts, in conflict with the provisions of this act, are hereby repealed. LARCENY. An Act to more fully define tlie crime of larceny. [Approved March 6, 1872; Stats. 1871-72, p. 282.] § 1. Grand larceny. § 2. Petit larceny. Grand larceny. Section 1. Every person who shall convert any manner of real estate of the value of fifty dollars and upwards into TOG • APPENDIX. personal j)r()i)ci'ty, by .se\-('riiil)y shall be filled in the same manner as if such officer had filed his resignation in the proper office, and it had beeii accepted by the proper authority ; provided, such acceptance shall liave been necessary to make the office vacant. Act takes effect when. Sec. 2. This act shall take effect immediately. OLIVE- OIL. A)i Act to rcgtihile the sale of imitation olive-oil, and to repeal an act entitled ''An Act to regulate the sale of olive-oil," approved March 10, 1891. [Approved March 23, 1893; Stats. 1893, p. 210.] § 1. Imitation oil, what constitutes. § 2. Imitation oil to be labeled. Letters, kind of type 'o be useii. Names of ingredients to be given, § 3. Not to be consigned unless marked. Proviso. § 4. Not to be in possession. § 5. Not to be sold as pure olive-oil. Purchaser to be informed ot imitation oil. Statement, what to contain. § 6. Presumption as to persons having imitation oil. § 7. False representation as to imitation oil. § 8. Penalty for violation of provisions of this act. § 9. Who to enforce. § 10. Certain act repealed. Imitation oil, what constitutes. Section 1. That for the purpose of this act every article, substance, or compound, or oil other than that extracted solely from the fruit of the olive-tree, made in the semblance of olive-oil extracted solely from the fruit of the olive-tree, is hereby declared to be imitation olive-oil OLIVE-OIL. 799 Imitation oil to be labeled. Letters, kind of type to be used. Names of ingredients to be given. Sec. 2. Each person who manufacturers imitation olive- oil shall place upon every bottle, can, or other vessels con- taining- such imitation oil, a label, with the words ''imitation olive-oil" printed thereon in capital letters, in a clear and durable manner," in the English language, in plain type, designated and knoM-n as twenty-four-point letter type [sic] (two-line pica), of a Gothic face; said label shall also state plainly the name and address of the manufacturer or com- pounder, the name and place where manufactured and put up, and also the names and actual percentages of the differ- ent ingredients contained in each bottle, can, or vessel. Not to be consigned unless marked. Proviso. Sec. 3. No person, by himself or another, shall knowingly ship, consign, or forward by any common carrier, whether public or private, any imitation olive-oil, unless the same be marked as provided in section two of this act ; and no car- rier shall knowingly receive, for the purpose of forwarding or transporting, any imitation olive-oil, unless it shall be marked as hereinbefore provided, consigned, and by the carrier receipted for, as imitation olive-oil ; provided, that this act shall not apply to any goods in transit between foreign countries and across the state of California. Not to be in possession. Sec. 4. No person shall knowingly have in his possession or under his control, any imitation olive-oil, unless the bot- tle, can, or vessel, or other package containing the same, be clearly marked, as provided in section two of this act. Not to be sold as pure olive-oil. Purchaser to be informed of imitation oil. Statement, what to contain. Sec. 5. No person, by himself or another, shall know- ingly sell or offer for sale imitation olive-oil under the name of or under the pretense that the same is pure olive-oil ; and no person, by himself or another, shall knowingly sell any imitation olive-oil unless he shall inform the purchaser at the time of sale that the same is imitation olive-oil, and shall deliver to the purchaser at the time of sale a statement, clearly printed in the English language, which shall refer to the article sold, and which shall contain, in plain type, desig- nated and known as twenty-four-point letter type [sic] (two-line pica), of a Gothic face, in capital letters, the words ''imitation olive-oil," and shall give the name and place of business of the manufacturer or compounder. 800 Al'l'EXUlX. Presumption as to persons having" imitation oil. Soe. (). Every ixm'soii haviiiju: i)()ssessi()n or control of any imitation olive-oil, ■\vliicli is not marked as required by the provisions of this act, sliall be presumed to have known, during the time of su'*h ])()ssession or control, that the same Avas imitation olive-oil. False representation as to imitation oil. Sec. 7. No person shall expose for sale any oil bearing the semblance of olive-oil, manufactured out of the state, and represent that it is manufactured in this state, nor shall offer for sale any such oil upon the receptacle of Avhich is any cut, design, or mark intended to convey the belief that such is manufactured in this state. Penalty for violation of provisions of this act. See. 8. AVhoever shall violate any of the provisions or sections of this act shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine of not less than one hundred dollars nor more than five hun- dred dollars, or by imprisonment in the county jail not less than thirty days nor more than six months, or by both fine and imprisonment, as the court may direct. Who to enforce. Sec. 9. It shall be the duty of the state board of horticul- ture and the state analyst to enforce the provisions of this act. Certain act repealed. Sec. 10. An act entitled "An Act to regulate the sale of olive-oil," approved March tenth, eighteen hundred and ninety-one, is hereby repealed. POISON" . 801 POISON. An Act to regulate the sale of poisons in the state of Califor- nia and providing a penalty for the violation thereof. [1. Approved Mcireh 6, 1907; Stats. 19U7, p. 124. 2. Amended March 19, 1909; Stats. 1909, p. 422. 3. Amended March 6, 1911; Stats. 1911, p. 1106. 4. Amended June 11, 1913, Stats. 1913, p. 692. ,5. Amended May 27, 191.5; Stats. 1915, pp. 863, 1066.] Amendment of title of act. The original title of this act was amended in 1909 by adding the words "and use" after "to regulate the sale." Labeling- packages of poisons. Poisons sold only for legiti- mate purposes. Giving fictitious name unlawful. Schedule and antidote given to pharmacist. Entries of sales in poison register. Form of book. Section 1. It shall be unlawful for any i)er.son to vend, sell, give away or furnish, either directly or indirectly any poisons enumerated in schedules "A" and "B" in section 7 of this act as hereinafter set forth, without labeling- the package, box. bottle or paper in which said poison is con- tained, with the name of the article, the word "poinson," and the name and place of bu.siness of the pei'son furnishing the same. Said label shall be substantially in the form hereinafter provided. It shall be unlawful to sell or deliver any of the poisons named in schedule "A" or any other dangerously poisonous druu', chemical, or medicinal sub- stance, which may from time to time be designated by the state board of pharmacy of California, unless on incpiiry it is found that the person desirinj? the same is aAvare of its poisonous character, and it satisfactorily appears that it is to he used for a legitiuiate purpose. It shall he unlawful for any person to give a fictitious name or make any false representations to the seller or dealer when buving any of the poisons thus enumerated: provided, that this prohibi- tion shall not apply to an officer or inspector of the state board of pharmacy in the performance of the duties en- joined by law upon said board, or to any person actinsr under authority of said board in the performance of said duties. Printed notice of all such additions to the schedule of poisons named and provided for in this section, and the antidote adopted by the board of pharmacy for such poisons shall be given to all reg^istered pharmacists with the next following renewal of their certificates. It shall be unlawful to sell or deliver any poison included in schedule "A" or the additions thereto, Avithout making or causing to be Pen. Code — 51 802 APPENDIX. niado, at tlio tiiiio of said sale, an entry in a book kopt solely for that ])ii}-i)Ose, statinf? the dale and liour of sale, and the name, address and signature of tlie purchaser, the name and quantity of the poison sold, the statement by the purchaser of the purpose for which it is requii'ed, and the name of the dispenser, Avho must be a duly registered pharmacist; pro- vided, however, that said entry shall be nmde out in full, in ink before said signature of the purchas(>r is made thereto, and that said entry shall be made by said dispenser himself, and not by any person who is not a duly registered pharma- cist or duly registered assistant pharmacist. Said book shall be in form substantially as follows : Date and Hour. Name rmcliiisnr. Residence. Kind and Quantity. ruri>ose of Use. Signature of DnipKist Signature of Purcliaser. This book shall always be open for inspection by the proper authorities, and shall be preserved for at least five vears after the date of the last entrv therein. [Amendment approved June 11, 1913; Stats. 1913, p. 692.] Also amended March 19, 1909; Stats. 1909, p. 423. Form of label. ►Sec. 2. The label required by this act, to be placed on all packages of poison, shall be printed upon red paper in dis- tinct white letters, or in distinct red letters upon white paper, and shall contain the word "poison," the "vignette" representing the skull and crossbones, and the name and address of the person or firm selling the same. The name of an antidote if any there be for the poison sold, shall also be upon the package. No poison shall be sold or delivered to any person who is less than eighteen years of age. State board of pharmacy to adopt schedule of antidotes. Entries to be in English. Sec. 3. It shall be the duty of the state board of phar- macy to adopt a schedule of what in their judgment are the most suitable common antidotes for the various poisons usu- ally sold. After the board has adopted the schedule of antidotes as herein provided for, they shall have the same printed and shall forward by mail one copy to each person registered upon their books, and to any other person apply- ing for the same. The particular antidote adopted (and no other) shall appear on the poison label, provided for in sec- tion 2 of this act, or be attached to the package containing said poison. The board shall have power to revise and amend the list of antidotes from time to time, as to them POISON. 803 may seem advisable. The entries in the poison-book and the printed or written matter provided for in sections 2 and 3 of this act, shall be in the English language, provided that the vender of said poison may enter the same in any foreign language he may desire, in addition to said entry and label in English. Board may further restrict sales. Sec. 4. AVhen in the opinion of the state l)oard of phar- macy it is in the interest of the public health, they are here- by empowered to further restrict, or prohibit the ]'etail sale of any poison by rules, not inconsistent with the provisions of this act, by them to be adopted, and which rules must be applicable to all persons alike. It shall be the duty of the board, upon request, to furnish any dealer with a copy ot the laws relating to articles, preparations and compounds, the sale of Avhich is prohibited or regulated by this act. [Amendment approved June 11, 1913 ; Stats. 1913, p. 693. In effect August 10, 1913.] Duty of wholesale dealers. Sec. 5. Wholesale dealei-s and phariuacists shall affix or cause to be affixed to every bottle, box, parcel or other in- closure of an original package containing any of the articles named in schedule "A" the additions thereto, or in sections 8 and 9 of this act, a suital)le label, or brand with the Avord "poison" but they are hereby exempted from the registra- tion of the sale of such articles when sold at wholesale to a registered pharmacist, physician, dentist or veterinary sur- geon duly licensed to practice in the state ; provided, that the provisions of this act shall not apply to the sale of such upon the prescriptions of practicing physicians, dentists or veterinary surgeons who are duly licensed to practice in this state. District attorney to prosecute. Sec. 6. It is hereby made the duty of the district attorney of the county wherein any violation of this act is com- mitted, to conduct all actions and prosecutions for the same, at the request of the board of pharmacy ; provided, how- ever, that the board may employ special counsel to assist the district attorney in such actions and prosecutions. [Amend- ment approved June 11, 1913 ; Stats. 1913, p. 694. In effect August 10, 1913.] 80-i Al'l'EXDlX. Penalty for violations regarding poisons. Disposition of fines. Schedule "A." Schedule "B." 8c(.'. 7. Any jicrsou violating,' nny of tlie i)i'()vi.sioii.s of sec- tion 8 or 8a of tliis act shall upon conviction thereof be guilty of and shall be punished as follows, vi/. : For the first offense said pei'son so (.'onvictcd shall be deemed guilty of a misde- meanor and shall br piniislicd by a line of not less than one hundred dollars, and nut to exceed four hundred dollars, or by imprisonment for not lass than fifty days and not exceed- ing one hundi'ed and eighty days, or by both such fine and imprisonment ; for the second offense said person so convicted shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than two hundred and fifty dollars, and not to exceed five hundred dollars, or by imprisonment for not less than ninety days and not exceeding six months, or by both such fine and imprisonment; and for the third offense said person so convicted shall be deemed guilty .of a felony and shall be punished by imprisonment in the state prison for not less than one year and not more than five years. Any f)er- son violating any of the provisions of this act, except those contained in section 8 or 8a, shall be deemed guilty of a mis- demeanor and upon conviction shall be fined in a sum not less than thirty dollai'S, nor more than two hundred dollars, or by imprisonment for not less than thirty days and not more than fifty days, or by both such fine and imprisonment. All moneys, forfeited bail or fines, received under the operation of this act shall be paid by the magistrate receiving same, seventy-five per cent to the state board of pharmacy, and twenty-five per cent to the city treasurer of the city, if in- corporated, or to the county treasurer of the county in which the prosecution is conducted. The following is schedule *'A" referred to in section 1, viz., Schedule "A," arsenic, its compounds and preparations, corrosive sublimate, and other poisonous derivatives of mercury, cyanide of potassium, strychnine, hydrocyanic acid, oils of croton, rue, savin, and tansj', phosphorus and its poisonous derivatives and com- pounds, strophanthus or its preparations, aconite, belladonna, uux vomica, veratrum viride, their preparations, alkaloids or derivatives, ant poison .containing any of the poisons enumera- ted in this schedule. The following is schedule "B": Hydrochloric or muriatic acid, nitric acid, oxalic acid, sulphuric acid, bromine, chloro- form, cowhage, creosote, ethei', solution of formaldehyde or formalin ; cantharides, eoecrdns indieus, all their preparations; iodine, or its tinctures, oil of pennyroyal, tartar emetic, and POISON. S05 other poisonous dei'ivatives of aiitiinoiiy, sugar of lead, sul- phate of zinc, Avooel alcohol, lysol and compound solution of cresol. [Amendment approved June 1, 1915. Stats. 1915, p. 1067. Also amended May 27, 1915, Stats. 1915, p. 863. June 11, 1913. Stats. 1913, p. 694; March 19. 1909, Stats. 1909, p. 423.] Unlawful to sell cocaine, opium, etc., except on physician's prescription. Regulations governing- prescriptions. Report of habitual users. Sec. 8. It shall be unlawful for any person, firm or corpo- ration to sell, furnish or give away or offer to sell, furnish or give away or to have in their or his povssession any cocaine, opium, morphine, codeine, heroin, alpha eucaine, beta eucaine, nova caine, flowering tops and leaves, extracts, tinctures and other narcotic preparations of hemp or loco weed (Cannabis sativa), Indian hemp, or chloral hydrate or any of the salts, derivatives or compounds of the foregoing substances or any preparation or compound containing any of the foregoing substances or their salts, derivatives or compounds excepting upon the written order or prescription of a physician, dentist or veterinary surgeon, licensed to practice in this state, which order or prescription shall be dated and shall contain the name of the person for whom prescribed, written in by the person writing said prescription, or if ordered by a veterinary sur- geon it shall state the kind of animal for which ordered and shall be signed by the person giving the prescription or order. Such order or prescription shall be permanently retained on file by the person, firm or corporation who shall compound or dispense the articles ordered or prescribed and it shall not be again compounded or dispensed if each fluid or avoirdupois ounce contains more than two grains of opium or one quarter grain -of morphine, or one grain of codeine, or one-eighth grain of heroin or ten grains of chloral hydrate, or four grains of Indian hemp or loco weed excepting upon the written order of the prescriber for each and every subsequent compounding and dispensing. No copy or duplicate of such Avritten order or prescription shall be made or delivered to any person but the original shall be at all times open to inspection by the prescriber and properly authorized officers of the law and shall be preserved for at least three years from the date of the filing thereof; provided, that the above provisions shall not apply to sales at wholesale by jobbers, wholesalers and manufac- turers to pharmacies, as defined in section 1 of an act entitled ''An act to regulate the practice of pharmacy in the state of California and to provide a penalty for the violation thereof; S06 APPENDIX. ;iiul fdi' llic ;i|)|i()iii1ii:('iil of a hoard to he known as the Cali- t'oinia State Board of I'iiarinacy," approved March 20, 1905, and acts auieiidat'ii-y therc'of; or physicnans, noi- to each other, nor to llic sale a! I'ctail in pharmacies hy pharniaeists to physieians. dentists oi- veterinai'y snr.i^eonN (hily licensed to l)raetice in tliis state; i)i'ovidcd, I'ni'thcr, that all such whole- sale jobbers, wholesalei's and manufacturers, in this section mentioned shall keep in a manner readily accessible, the writ- ten orders or blank forms required to be preserved under the provisions of section 2 of the act of congress, approved Decem- ber 17, 1914, relating to the production, importation, manu- facture, compounding, sale, dispensing or giving away of opium or coca leaves and salts, derivatives or preparations. And said records shall always be open for inspection by any peace officer or any member of the board of pharmacy or any inspector authorized by said board and such records shall be preserved for at least two years after the date of the last entry therein. The taking of any order, or making of any contract or agreement, by any traveling representative, or any employee, of any person, firm or corporation, for future de- livery in this state, of any of the articles or drugs mentioned in this section shall be deemed a sale of said articles or drugs by said traveling representative, or employee, within the mean- ing of the provision of this act ; provided, further, that a true and correct copy of all orders, contracts or agreements taken for narcotic drugs specified in this section shall be forwarded by registered mail to the secretary of the California state board of pharmacy within twenty-four hours after the taking of such order, contract or agreement, unless such order, con- tract or agreement is recorded as required under the pro- visions of section 2 of an act of congress, approved December 17, 1914,. relating to the production, importation, manufac- ture, compounding, sale, dispensing or giving away of opium or coca leaves, their salts, derivatives or preparations of some wholesale jobber, wholesaler, or manufacturer permanently located in this state, as provided for in this section. It shall be unlawful for any practitioner of medicine, dentistry or veterinary medicine to furnish to or prescribe for the use of any habitual user of the same, or of any one representing himself as .such, any cocaine, opium, morphine, codeine, heroin, or chloral hydrate, or any salt, derivative or compound of the foregoing substances or their salts, derivatives or compounds; and it shall also be unlaAvful for any practitioner of medicine or dentistry to prescribe any of the foregoing substances for any person not under his treatment in the regular practice of his pi-ofession, or for any veterinary surgeon to prescribe POISON. 807 auy of the foreuoing substances for the use of any human being'; provided, liowever, that the provisions of this section shall not be construed to prevent any duly licensed physician from furnishino- or prescribing- in good faith as their physician by them employed as such, for any habitnal user of any nar- cotic drugs who is under his professional care, snch substances as he may deem necessary for their treatment, when such prescriptions are not given or substances furnished for the purpose of evading the purposes of this act; provided, that such licensed physician shall report in writing, over his sig- nature, by registered mail, to the office of the California state board of pharmacy, within twenty-four hours after the first treatment, each and every habitual user of such narcotic drugs as are enumerated in this section, whom he or she has taken, in good faith, under his or her professional care, for the cure of such habit, such report to contain the date, name and ad- dress of such patient, and the name and quantity of the nar- cotic or narcotics prescribed in such treatment ; provided, further, that the provision immediately foregoing shall not apply to any licensed physician treating such habitue in good faith who personally administers such narcotics, enumerated in this section, after writing a prescription therefor; and pro- vided, further, that the above provisions shall not apply to preparations sold or dispensed without a physician's prescrip- tion containing not more than two grains of opium, or one- fourth grain of morphine, or one grain of codeine, or one- eighth grain of heroin, or ten grains chloral hydrate or four grains of Indian hemp or loco weed in one fluid ounce or, if a solid preparation, in one ounce, avoirdupois. [Amendment approved June 1, 1915. Stats. 1915, p. 1067. Also amended June 11, 1913. Stats. 1913, p. 695; April 25, 1911, Stats. 1911, p. 1106, and March 19, 1909, Stats. 1909, p. 424.] Unlawful to possess opium pipes. Sec. 8a. The possession of a^ipe or pipes used for smoking opium (commonly known as opium pipes) or the usual attach- ment or attachments thereto, or other contrivances used for smoking opium, or extracts, tinctures or other narcotic prepa- rations of hemp, or loco weed, their preparations or com- pounds containing more than four grains to each fluid or avoirdupois ounce (except corn remedies containing not more than fifteen grains of the extract or fluid extract of hemp to the ounce, mixed with not less than five times its weight of salicylic acid combined with collodion), is hereby made a mis- demeanor, and upon conviction thereof shall be punishable by the penalties prescribed in section 7 of this act. [Amend- 808 Al'l'KNUIX. iiiciil ;i|.|)i()VC(l J line 1. liMT). Stats. 1J)15, \). 1070. Also aiiuiulcd .lime 11, liJi;i Stats. I!il3, p. 697. Section added April 27y, 1!J1L Stats. 1911, p. IIOS.] Opium pipes may be seized by peace officers. Pipes to be destroyed. Sale of narcotics seized. Sec. Sb. All iiarcotie drii.t;s .speeilied in section 8 and also all pipes used for smoking opium (commonly known as opium pipes) or the usual attachments thereto, flowering tops and leaves, or extracts, tinctures, or other narcotic preparations of hemp, or loco weed, their preparations or compounds con- taining more than four grains of Indian hemp or loco weed to each fluid or avoirdupois ounce (except corn remedies con- taining not more than fifteen grains of the extract or fluid extract of hemp to the ounce, mixed with not less than five times its weight of salicylic acid combined with collodion), may be seized by any peace officer, and in aid of such seizure a search-warrant or search-warrants may be issued in the manner and form prescribed in chapter 3 of Title XII of Part II of the Penal Code. All such narcotic drugs, pipes used for smoking opium (commonly known as opium pipes) or the usual attachments thereto, and all such hemp or prepa- ration of hemp or loco weed seized under the provisions of this act shall be ordered destroyed by the judge of the court in which final conviction was had; said order of destruction shall contain the name of the party charged with the duty of destruction as herein required ; provided, however, that the judge shall turn all such evidence over to the California state board of pharmacy for such destruction ; and provided, further, that an}- narcotic drugs specified in section 8, opium pipes and the usual attachments thereto, or smoking opium, seized under the provisions of this act, now in the possession of any city or county official or officials, or the California state board of pharmacy, or which may hereafter come into their or its possession, in which no trial was had, shall be delivered to the California state board of pharmacy for destruction by said board ; provided, however, that none of the narcotic drugs specified jn section 8, opium pipes and the usual attachments thei-eto, or smoking opium coming into the possession of said board, as above described, shall not be destroyed within a period of six months from the date of such seizure; and pro- vided, further, that the board of pharmacy may dispose of all narcotics now on hand or hereafter coming into their POISON. 809 possession (other than smoking- opium), either by gift to the medical director of California state prisons or state hospitals or by sale to wholesale drug-gists, the funds received from such sales to be applied by the board of pharmacy to the carrying out the provisions of this act or the act creating such Cali- fornia state board of pharmacy. [Amendment approved June 1, 1915. Stats. 1915. p. 1070. Also amended June 11, 1913. Stats. 1913, p. 697. Section added April 25, 1911. Stats. 1911, p. 1108.] Revocation of pharmacist registration. Sec. 8c. The board may revoke the registration of any registered pharmacist or assistant pharmacist upon convic- tion of the second offense for violating any of the provisions of section 8 or 8a of this act, and in such case said registra- tion shall not be restored before the period of one year from the date of said revocation. [Amendment approved June 1, 1915. Stats. 1915, p. 1071. Section added June 11, 1913. Stats. 1913, p. 698.] Enforcement of Penal Code, section 307. Sec. 8d. The state board of pharmacy is hereby charged with the enforcement of the provisions of section 307 of the Penal Code and all fines, moneys or forfeited bail imposed for violation of said section upon collection shall be disposed of as is provided for the disposition of fines, moneys or for- feited bail, in section 7 of this act. [Amendment approved June 1, 1915. Stats. 1915, p. 1071. Section added June 11, 1913. Stats. 1913, p. 698.] Sale of carbolic acid and paregoric prohibited. See. 9. The sale or furnishing of carbolic acid (phenol) in quantities of less than one pound, paregoric in quantities of more than one fluid ounce, is prohibited unless upon the pre- scription of a physician, dentist or veterinary surgeon duly licensed to practice in this state, but this prohibition shall not apply to solution of carbolic acid (phenol) containing not over ten per cent of the carbolic acid (phenol) and not less than ten per cent of ethyl alcohol. All sales of carbolic acid (phenol) thus diluted so as to contain no more than ten per cent of carbolic acid (phenol) may be made under the same conditions as the drugs enumerated in schedule "B" as found in section 7, but sales of carbolic acid (phenol) contain- ing more than ten per cent of said acid shall be registered subiect to the sanif^ rcfrulation a.s the poisons enumerated in 810 AI'l'KXDIX. schedule "A" as I'oiiiid in seclioii 7. [ Aincndnient approved June 1, 1915. Stals. l!)!."). [). 1071. Also amended April 25, 1911, Stats. 1911, p. 1108, and March 19, 1909, Stats. 1909, p. 425.] POLICE. An Act to create a police relief, liealih, and life insurance and pension fund in ike several counties, cities and coun- ties, cities, and towns of the state. [1. Approved March 4, LSS9; Stats. 1889, p. 56. 2. Amended March 31, 1891; Stats. 1891, p. 287. 3. Amended March 31, 1891; Stats. 1891, p. 4()9. 4. Amended March 2, 1897; Stats. 1897, p. 52.] § 1. "Wlio to constitute board of trustees of police relief or pension fund. § 2. Organization and officers. § 3. Qualifications to receive pension. § 4. Physical disability. Eestoration. § 5. Evidence of disabilitj^ to be filed. § 6. Pension to family. § 7. Stipulated sum to family. § 8. Ee-examination. § 9. Forfeiture of pension. § 10. Meetings, and duties of board. § 11. Other powers of board. § 12. Annual payments into fund by supervisors. § 13. Mergement of other insurance funds. § 14. Eeports. § 15. Conflicting acts repealed. ^ § 16. Act takes effect when. Who to constitute board of trustees of police relief or pen- sion fund. Section 1. The chairman of the board of supervisors of the county, city and county, city, or incorporated town in which there is -no board of police commissioners, the treas- urer of the county, city and county, or incorporated town, and the chief of police, and their successors in office, are hereby constituted a board of trustees of the police relief or pension fund of the police department, to provide for the disbursement of the same and to designate the beneficiaries thereof, as hereinafter directed, which board shall be known as the "Board of Police Pension Fund Commissioners"; provided, however, that where there is in any county, city and county, city, or town, a boar-d of police commissioners, then such body shall constitute said board of trustees of the police relief and pension fund of the police department. [Amendment approved March 31, 1891; Stats. 1891, p. 469.] Organization and officers. Sec. 2. They shall organize as such board by choosing one of their number as chairman, and by appointing a POLICE. 811 secretary. The treasurer of the county, city and county, city, or town shall be ex officio treasurer of said fund. Such board of trustees shall have charge of and administer said fund, and to order payments therefrom in pursuance of the provisions of this act. They shall report annually, in the month of June, to the board of supervisors, or other governing authority of the county, city and county, city, or incorijorated town, the condition of the police relief and pension fund, and the receipts and disbursements on account of the same, with a full and complete list of the beneficiaries of said fund and the amounts paid them. [Amendment approved March 31, 1891; Stats. 1891, p. 469.] Qualifications to receive pension. Sec. 3. Whenever any person at the taking effect of this act, or thereafter, shall have heen duly appointed or selected, and sworn, and have served for twenty years, or more, in the aggregate, as a member, in any capacity or any rank whatever, of the regularly constituted police de- partment of any such county, city and county, city, or town which may hereafter be subject to the provisions of this act, said board may, if it see fit, order and direct that such per- son, after becoming sixty years of age, be retired from further service in such police department, and from the date of the making of such order the service of such person in such police department shall cease, and such person so re- tired shall thereafter, during his lifetime, be paid from such fund a yearly pension equal to one half of the amount of salary attached to the rank which he may have held in said police department for the period of one year next preceding the date of such retirement. [Amendment approved I\Iarch 2, 1897; Stats. 1897, p. 52.] Physical disability. Restoration. Sec. 4. Whenever any person, A\hile serving as a police- man in any such county, city and county, city, or town, shall become physically disabled by reason of any bodily injury received in the immediate or direct performance or discharge of his duty as such policeman, said board may, upon his written request, or without such request, if it deem it to be for the good of said police force, retire such person from said department, and order and direct that he shall be paid from said fund, during his lifetime, a yearly pen- sion equal to one half of the amount of salary attached to the rank wdiich he may have held on such police force at the date of such retirement, but on the death of such pen- sioner his heirs or assigns shall have no claim against or 812 APPENDIX. upon such poiieo I'clicl" or ))Oiisi()ii fuiKl; ])r()vi(l('d, lluit whenevor such (lisal)ilily slmll cease such ])eiision shall cease, and such i)ersou shall be restored to active service at the same salary he received at the time of his retirement. [Amendment approved March 2. 1897;, Stats. 1897, p. 52.] Evidence of disability to be filed. Sec. 5. No person shall be retired, as provided in the next preceding section, or receive any benefit from said fund, unless there shall be filed with said board certificates of his disability, which certificates shall be subscribed and sworn to by said pei-son, and by the county, city and county, city, or town physician (if there be one), and tAvo regularly licensed i)racticing physicians of such county, city and county, city, or town, and such board may require other evidence of disability before ordering such retirement and payment as aforesaid. Pension to family. Sec. G. AVhcncver any member of the police department of such county, city and county, city, or town shall lose his life while in the performance of his duty, leaving a widow, or child or children under the age of sixteen years, then upon satisfactory proof of such facts made to it, such board shall order and direct that a yearly pension, equal to one third the amount of the salary attached to the rank Avhich such member held in said police department at the time of his death, shall be paid to such widow during her life, or if no wddow, then to the child or children, until they shall be sixteen years of age; provided, if such widow, or child or children, shall marry, then such person so marrying shall thereafter receive no further pension from such fund. Stipulated sum to family. Sec. 7. AVhenever any member of the police department of such county, city and county, city, or town, shall, after ten years of service, die from natural causes, then his widow or children, or if there be no widow or children, then his mother or unmarried sisters, shall be entitled to the sum of one thousand dollars from such fund. [Amendment approved March 31, 1891; Stats. 1891, p. 287. Re-examination. Sec. 8. Any person retired for disability under this act may be summoned before the boai'd herein provided for at any time thereafter, and shall submit himself thereto for examination as to his fitness for duty, and shall al)ide the decision and order of such board with i-eference thereto; POLICE. 813 and all nieiubers oL" the police force who may be retired under the provisions of this act wshall report to the chief of police of the county, city and county, city, or tOAvn where so retired, on the first Mondays of April, July, October, and January of each year; and in cases of great ])ublic emer- gency may be assigned to and shall perform such duty as said chief of police may direct ; and such persons shall have no claim against the county, city and county, city, or town for payment for such duty so performed. Forfeiture of pension. Sec. 9. AVhen any person who shall have received any benefit from said fund shall be convicted of any felony, or shall become an habitual drunkard, or shall become a non- resident of this state, or shall fail to report himself for examination for duty as required herein, unless excused by the board, or shall disobey the requirements of said board under this act, in respect to said examination or duty, then such board shall order that such pension allowance as may have been granted to such person shall immediately cease, and such person shall receive no further pension, allowance, or benefit under tliis act. Meeting's, and duties of board. Sec. 10. The board herein provided for shall hold quar- terly meetings on the first IMondays of April, July, October, and January of each year, and upon the call of its presi- dent ; it shall biennially select from its members a president and secretary ; it shall issue warrants, signed by its presi- dent and secretary, to the persons entitled thereto of the amount of money ordered paid to such persons from such fund by said board, which warrant shall state for what pur- . pose such payment is to be made ; it shall keep a record of all its proceedings, which record shall be a public record ; it shall at each quarterly meeting send to the treasurer of the county, city and county, city, or towai, and to the auditor of such county, city and county, city, or town, a written or printed list of all persons entitled to payment from the fund herein provided for, stating the amount of such pay- ments and for what granted, which list shall be certified to and signed by the president and secretary of such board, attested under oath. The auditor shall thereupon enter a copy of said list upon a book to be kept for that purpose, and which shall be known as "the police relief and pension fund" book. AVhen such list has been entered by the audi- tor he shall transmit the same to the board of supervisors, or other governing authority of such county, cit}^ and 814 Al'l'KXDIX. cuuiily, cily, ()!■ town, wliicli hoard or autlioiMly shall oi'dci" the payiuoiit of tlie amounts named therein out of "tlie police relief and pension fund." A majority of all the menil)ers of said boaj'd herein provided for shall constitute a quorum and 1iav(> ])o\\('i" to transaet liusiiiess. Other powers of board. Sec. 11. The hoai'd luM-cin ])i'ovided for shall, in addition to other powers herein granted, have power: First — To compel witnesses to attend and testify before it, upon all matters connected with the operation of this act, in the same manner as is or may be provided by law for the taking" of testimony before notaries public; and its presi- dent, or any member of said board, may administer oaths to such witnesses. Second — To appoint a secretary, and to provide for the payment from said fund of all its necessary expenses, in- cluding secretary hire and printing ; provided, that no com- pensation or emolument shall be paid to any member of said board for any duty required or performed under this act. Third — To make all needful rules and regulations for its guidance, in conformity -with the provisions of this act. Annual payments into fund by supervisors. Sec. 12. The board of supervisors, or other governing authority, of any county, city and county, city, or town shall, for the purposes of said '' police relief and pension fund" hereinbefore mentioned, direct the payment annually, and when the tax levy is made, into said fund, of the follow- ing moneys : First — Not less than five nor more than ten per centum of all moneys collected and received from licenses for the keeping of places wherein spirituous, malt, or other intoxi- cating liquors are sold. Second — One half of all moneys received from taxes or from licenses upon dogs. Third — All moneys received from fines imposed upon the members of the police force of said county, city and county, city, or town, for violation of the rules and regulations of the police department. Fourth — All proceeds of sales of unclaimed property. Fifth — Not less than one fourth nor more than one half of all moneys received from licenses from pawnbrokers, billiard-hall keepers, second-hand dealers, and junk-stores. Sixth — All moneys received from fines for carrying con- cealed weapons. POLICE. 815 Seventh — Twenty-five per centum of all fines collected in money for violation of county, city and county, city, or town ordinances. Eighth — All rewards given or paid to members of such police force, except such as shall be excepted by the chief of police. Ninth — The treasurer of any county, city and county, city, or town shall retain from the pay of each member of police department the sum of two dollars per month, to be forthwith paid into said police relief and pension fund, and no other or further retention or deduction shall be made from such pay for any other fund or purpose whatever. Merg-ement of other insurance funds. Sec. 13. Any police, life, and liealth insurance fund, or any fund provided by law, heretofore existing in any county, city and county, city, or town, for the relief or pen- sioning of police-officers, or their life or health insurance, or for the payment of a sum of money on their death, shall be merged with, paid into, and constitute a part of the fund created under the provisions of this act ; and no pei'son who has resigned or been dismissed from said police department shall be entitled to any relief from such fund ; provided, that any person who, within one year prior to the passage of this act, has been dismissed from the police department for incompetency or inefficiency, and which incompetency or inefficiency was caused solely by sickness or disability contracted or suffered while in service as a member thereof, and who has, prior to said dismissal, served for twelve or more years as such member, shall be entitled to all the bene- fits of this act. Reports. Sec. 14. On the last day of June of each year, or as soon thereafter as practicable, the auditor of such county, city and county, city, or town shall make a report to the board of supervisors, or other governing authority of such county, city and country, city, or town, of all moneys paid out on account of said fund during the previous year, and of the amount then to the credit of the "police relief and pension fund," and all surplus of said fund then remaining in said fund exceeding the average amount per year paid out on account of said fund during the three years next preceding, shall be transferred to and become a part of the general fund of every such county, city and county, city, or town, and no longer under the control of said board, or subject Sl(i APPENDIX. 1() its oi-dcr. I'ayiiiciits j)r()\ idcd I'or in lliis a<*t shall he ina(l<' (|iiart('i'ly, iipdii proper Noiu'liers. Conflicting" acts repealed. Si'c. If). All ads oi- ))ar1s of acts in conflict with the provisions of tliis act are hei'chy I'cjx'aled. Act takes eff"ect when. Sec. 1(). This act shall take effect from and after its passage. Rights of officer in fund: See Peunie v. Eeis, 132 U. S. 464. Aii, Act to provide for the compensation of the chief and captain of police and police-officers, in cities in the state of California containing not less than ten thousand and not exceeding twenty -five thousand inhabitants. [Approved March 23, 1893; Stats. 1893, p. 280.] Act unconstitutional. This act was declared unconstitutional in Darcy v. Mayor of San Jose, 104 Cal. 642. An Act to increase the police force of the various cities, and cities and counties, and towns, of the state, and to pro- vide for the appointment of such extra police-officers, and for the payment of their salaries. [Approved February 24, 1891; Stats. 1891, p. 10.] § 1. Police forces. How appointed. § 2. Salaries. § 3. Wlio included in terras "common council," "board of trustees," and "board of supervisors." § 4. Act takes effect when. Police forces. How appointed. Section 1. The board of supervisors, board of trustees, or common council of a city, or city and county, or town, of this state, of the first, second, or fourtli classes, are hereby authorized and empowered to increase the police force of their respective cities, and cities and counties, or towns, from time to time, as may be deemed necessary by said common council, board of trustees, or board of super- visors ; provided, that the police force in any city, or city and county, shall not exceed in the aggregate, at any time, one member for every five hundred inhabitants of such city, or city and county ; provided further, that in cities of the third class the police force shall not exceed in the aggre- gate, at any time, one member for every one thousand inhabitants of said cities, according to the latest census of POLICE. 817 the United States; said additional police force to be ap- pointed by the board of police commissioners or other board or authority now by law empowered to appoint police- officers in their respective cities, or cities and counties, or towns. Salaries. Sec. 2. The salary of additional police-officers hereby authorized shall be of the same amounts for each officer as is now paid by law to the other members of such police force in their respective cities, or cities and counties, or towns ; and said additional police-officers shall be paid at the same time and in the same manner and out of the same fund as the other members of their respective police forces are now or shall hereafter be paid. Who included in terms "common council," "board of trus- tees," and "board of supervisors." Sec. 3. The terms common council, board of trustees, and board of supervisors are hereby declared to include any body or board which, under the law, is the legislative de- partment of the government of any city, or city and county, or towns. Act takes effect when. Sec.~4. This act shall be in force and effect from and after its passage. • All Act autkorizing a)id requiring hoards or commissions hav- ing the management and control of paid police force to grant the members thereof yearly vacations. [1. Approved March 10, 1891; Stats. 1891, p. 47. 2. Amended Febru- ary 28, 19U7; Stats. 1907, p. 62.] Leaves of absence of police-officers, with pay. Section 1. In every city or city and county of this state where there is a regular organized paid police force, the board of supervisors, common council, commissions or other body having the management and control of the same must once in every year provide for granting every member thereof a leave of absence from active duty for a period of fifteen days. Leaves of absence so granted must be ar- ranged by said board or commission so as not to interfere with the police protection of any such city, or city and county ; and leaves of absence granted in case of sickness or in consideration of wounds or injuries received while in the discharge of duty shall not be construed to be or be- Fen. Code — 52 818 Al'I'KNHIX. ••t)ni(' a part of the Icin'c of absence ])i-()\-i(l('(l for hy lliis act. No deduction nuist l>o made from the pay of any police- officer granted leave of absence under the provisions of this act. [Amendment approved February 28, 1907 ; Stats. 1907, p. 62.] Act takes effect when. Sec. 2. This act shall take olTcct imnuMliatcly. Ah Act rcgulcUing the liours of service on regular duty by menihers of the police department of cities of the first class, cities and counties, cities of the first and one half class, and cities of the second class. [Approved February 27, 1903; Stats. 1903, p. 51.] Hours of duty of police-officers. Section 1. In all cities of the first class, cities and coun- ties, cities of the first and one half class, and cities of the second class of this state where a regular police department is maintained, patrol captains, lieutenants, sergeants, and regular officers shall be required to serve on duty not longer than eight hours in every twenty-four hours ; provided, that in case of riot or other emergency, every attache of the police department shall perform such duty and for such time as the directing authority of the department shall require. Act takes effect when. Sec. 2. This act shall take effect immediately. An Act to provide for the appointmoit of policemen ivitJi the poivers of peace-officers, to serve upon the premises, cars or boats of railroad and steamship companies. [Approved March 23, 1901; Stats. 1901, p. 666.] § 1. Governor to appoint policemen for railroad and steamboat cor- porations. § 2. Officers to wear visible shield. § 3. Act takes effect when. Governor to appoint policemen for railroad and steamboat corporations. Section 1. The governor of the state of California is hereby authorized and empowered, upon the application of any railroad or steamboat company, to appoint and commis- sion during his pleasure one or more persons designated by such company and to serve at the expense of such company, as policeman or policemen, with the powers of pea>ce-officers. PUBLIC HEALTH. 819 and who, after being duly sworn, may act as such policeman or policemen upon the premises, cars or boats of such com- pany. The company designating- such person or persons shall be responsible civilly for any abuse of his or their authority. Officers to wear visible shield. Sec. 2. Every such policeman shall, when on duty, wear in plain view a shield bearing the words "railroad police," or "steamboat police," as the case may be, and the name of the company for which he is commissioned. Act takes effect when. Sec. 3. This act shall take effect immediately. An Act relating to senior riglits of mcmhers of paid police departments of counties, cities and counties, cities or towns. [Approved February 23, 1907; Stats. 1907, p. 46.] Police department. Senior rights in assignment of duty. Section 1. Whenever a member of a paid police de]iart- ment of any county, city and county, city or town shall have served ten years as a member of such police department, he shall be entitled to senior rights in assignment of duties, and shall be entitled to day-work in preference to members of such department, who have served less than ten years. Act takes effect when. Sec. 2. This act shall take effect immediately. PUBLIC HEALTH. An Act to protect public health from infection caused by ex- humation and removal of the remains of deceased persons. [1. Approved April 1, 1878; Stats. 1877-78, p. 1050. 2. Amended March 13, 1889; Stats. 1889, p. 139.] § 1. Disinterring bodies unlawful without permit. § 2. Permits granted upon what. Contents of permit. § 3. Misdemeanor. Transportation of bodies, etc. § 4. Misdemeanor. § 5. Eeward for information. § 6. Removal of remains of deceased persons. § 7. Act takes effect when. Disinterring bodies unlawful without permit. Section 1. It shall be unlaAvful to disinter or exhume from a grave, vault, or other burial-place, the body or re- 820 API'EXDIX. mains o\' any dccMMscd person, unlrss llic person or pei'soiis so doing shall fii'sl obtain, iVoni the hoai-d of In^alth, hoalth- oPfiooi", mayo?-, of otlier head of the mnnioipal frovei-nniont ol' Ihe cily, town, or city and county where the same are deposited, a jx'i'iiiit for said |)ur|)ose. Nor shall such body or rcMuaiiis disintxM-i-cd, exhiunod, oi- takcMi from any grave, vault, or other phice ol" l)urial or deposit, he removed or transported in or through the streets or highways of any city, town, or city and county, unless the person or persons removing or transporting such body or remains shall first obtain, from the board of health or health-officer (if such board or officer there be), and from the mayor or other head of the municipal government of the city or town, or city and county, a permit, in writing, so to remove or transport such body or remains in and through such streets and high- ways. Permits granted upon what. Contents of permit. Sec. 2. Permits to disinter or exhume the bodies or re- mains of deceased persons, as in the last section, may be granted, provided the person applying therefor shall pro- duce a certificate from the coroner, the physician Avho at- tended such deceased person, or other physician in good standing cognizant of the facts, which certificate shall state the cause of death or disease of which the person died, and also the age and sex of such deceased ; and provided, fur- ther, that the body or remains of deceased shall be inclosed in a metallic case or coffin, sealed in such manner as to pre- vent, as far as practicable, any noxious or offensive odor or effluvia escaping therefrom, and that such case or coffin contains the body or remains of but one person, except where infant children of the same parent or parents, or parent and children are contained in such case or coffin. And the permit shall contain the above conditions and the words "Permit to remove and transport the body of , age , sex , ["] and the name, age, and sex shall be written therein. The officer of the municipal government of the city or town, or city and county, granting such per- mit, shall require to be paid for each permit the sum of ten dollars, to be kept as a separate fund by the treasurer, and which shall be used in defraying expenses of and in respect to such permits, and for the inspection of the metal- lic cases, coffins, and inclosing boxes herein required; and an account of such moneys shall be embraced in the accounts and statements of the treasurer having the custody thereof. PUBLIC HEALTH. 821 Misdemeanor. Transportation of bodies, etc. Sec. 3. Any person or persons who shall disinter, ex- hume, or remove, or cause to be disinterred, exhumed, or removed from a grave, vault, or other receptacle or burial-place, the body or remains of a deceased person, with- out a permit therefor, shall be guilty of a misdemeanor, and be punished by fine not less than fifty nor more than five, hundred dollars, or by imiDrisonment in the county jail for not less than thirty days, nor more than six months, or by both such fine and imprisonment. Nor shall it be lawful to receive such body, bones, or remains on any vehicle, car, barge, boat, ship, steamship, steamboat, or vessel, for trans- portation in or from this state, unless the permit to transport the same is first received, and is retained in evidence by the owner, driver, agent, superintendent, or master of the vehicle, car, or vessel. Misdemeanor. Sec. 4. An.v person or persons who shall move or trans- port, or cause to be moved or transported, on or through the streets or highways of any city or town, or city and county, of this state, the body or remains of a deceased per- son, who shall have been disinterred or exhumed without a permit, as described in section two of this act, shall be guilty of a misdemeanor, and be punishable as provided in section three of this act. Reward for information. Sec. 5. Any person who shall give information to secure the conviction of any person or persons for the violation of the provisions of this act, shall be entitled to receive the sum of twenty-five dollars, to be paid from the fund col- lected from fines imposed and accruing under this act. Removal of remains of deceased persons. Sec. 6. Nothing in this act contained shall be taken to apply to the removal of the remains of deceased persons from one place of interment to another cemetery or place of interment within this state; provided, that no permit shall be issued for the disinterment or removal of any body unless such body has been buried for one year or more, without the written consent of the mayor, chairman of the board of. supervisors, or city council of any municipality of the state. [Amendment approved March 13, 1889; Stats. 1889, p. 139. In effect immediately.] Act takes effect when. Sec. 7. This act shall take effect and be in force from the thirtietli day after its passage and approval. 822 Al'l'KNDlX. SCHOOL OF INDlSTliY. Act relating to commitmeiits to school of Industry: See post, Ap- pendix, tit. "ISchool of Reform." An Act to estahlisli a school of {iKhistri/, to provide for the maintenance and management of llie same, and to male an appropriation ilicrcfor. [1. Approved March 11, 1889; Stats. 1889, p. 100. 2. Amended Febru- ary 27, 1893; Stats. 1893, p. 39. 3. Amended April Hi, 1909; Stats. 1909, p. 9()4. 4. Amended May 2G, 1915; Stats. 1915, p. 849.] Effect of juvenile court law: See note at end of statute. § 1. Preston School of Industr3^ § 2. Appropriation. § 3. Government vested in tliree trustees.' Term of office. § 4. To procure site. § 5. Adoption of plans for grounds and buildings. § 6. No member to be interested in contracts. § 7. Construction of act. § 8. Same. § 9. Military discipline. Uniform. § 10. Expenses of trustees to be paid. Superintendent's salary. Other salaries. § 11. Board to elect officers. § 12. Instruction. § 13. Bond of superintendent. Salary. Appointments by. Duties. § 14. To investigate workings of similar institutions. [Repealed.] § 15. Commitments. § 16. Approval of commitments. § 17. Dismissals. § 18. Paroles. § 19. Incorrigible boys, return of to court. § 20. Transfer to, from state prison. § 21. Aiding escape. § 22. Duties of trustees. Contracts. Security and bond of bidder. § 23. Proclamation of governor. § 24. Controller. § 25. Effect of other acts iu conflict. § 26. Sheriff's fees. § 27. Construction of act. § 28. Act takes effect when. Effect of act. See note at end of this statute. Preston School of Industry. Section 1. There shall be estal^lished at or within a con- venient distance from lone City, in the county of Amador, in said state, an educational institution to be designated as the Preston School of Industry. Appropriation. Sec. 2. The sum of one hundred and sixty thousand dol- lars is hereby appropriated out of any moneys in the state treasm-y not otherwise appropriated, for the purpose of pur- SCHOOL OF INDUSTRY. 823 chasing and preparing grounds for the erection of buildings thereon, for the purchase of the necessary furniture, machinery, and supplies, and for the payment of the cur- rent expenses of said school. Government vested in three trustees. Term of office. Sec. 3. The general government and supervision of said school shall be vested in a board of trustees, consisting of three citizens of the state of California, who shall be ap- pointed by the governor. The members of said board shall hold their offices for the respective terms of two, three, and four years, from the first day of July, eighteen hundred and ninety-three, and until their successors shall be appointed and cpialified, said respective terms to be designated in their appointments; and thereafter, upon the expiration of such terms, there shall be one of said board appointed, whose term of office shall be continued four years, and until his successor is appointed and qualified. Said trustees, before entering on the discharge of the duties of their office, shall each take an oath faithfully to discharge the same. [Amendment. Approved February 27, 1893 ; Stats. 1893, p. 39. In effect July 1, 1893.] To procure site. Sec. 4. The board shall, with all convenient dispatch, select and establish a site at some suitable place in said county for said institution, and procure the right of way for suitable drainage ; said site to contain not less than one hundred acres nor more than three hundred acres of land, to have water facilities sufficient for the uses of said school, and for power in operating machinery ; the land to be of a quality suitable for general farming purposes, and adapted to the cultivation of vines and fruit-trees. The land so set apart by said purchase shall hereafter be used exclusively for the occupancy and purposes of said school. It shall be indicated by fixed corners and definite boundaries. A de- scription thereof, together Avith the deed therefor, shall be filed with the secretary of state at his office within thirty days after the purchase of the same. Adoption of plans for grounds and buildings. Sec. 5. Thereafter the board shall cause to be prepared and shall adopt plans for the grounds, buildings, and fix- tures necessary for such au institution, of such form, dimen- sions, and style as to it shall seem best adapted to the purposes thereof. In the preparation of such plans, and in the construction of the buildings, it may employ a compe- tent architect at :i reasonable compensation. 824 Al'I'KXDlX. No member to be interested in contracts. Sec. 6. No iii(Miil)or of the board or oiHi)loy('c of tho insti- tution shall 1)c interested in ;iny contract or entei-prise in connection with said school. [Amendment appi-oved Feb- ruary 27, 1893; Stats. 18f)3. p. 30. Tn clfect .Inly 1, 1893.1 Construction of act. See. 7. Tflis act shall be const rued as the soh' and ex- clusive act on the subject-matter contained herein, unless specially or otherwise her(Mn provided; and none of the pro- visions of an act entitled "An Act to regulate contracts on behalf of the state in relation to erections of build- ings," approved March twenty- third, eighteen hundred and seventy-six, or any other act, unless herein specially re- ferred to, shall apply to or govern or limit this act, or any of the powers or duties in this act conferi-ed upon said board. Same. Sec. 8. Nothing in this act contained shall be so con- strued as to permit any convict or convicts, undergoing sentence in either of the state prisons of California, to asso- ciate w^ith or to be so employed as to mingle with any person or persons undergoing commitment in the said school. Military discipline. Uniform. See. 9. The said school shall be conducted on such plan as to the board may seem best calculated to carry out the intentions of this act, and its inmates shall be subject to military discipline, including daily drill. They shall be clothed, in military uniform of such pattern and material as may be prescribed by the board, but under no circumstances shall such innmtes be clothed in convict stripes while under- going connnitment in said school. [Amendment approved February 27, 1893; Stats. 1893, p. 39. In effect July 1, 1893.] Expenses of trustees to be paid. Superintendent's salary. Other salaries. Sec. 10. The memljers of the board shall receive no com- pensation for their services, but shall be allowed their rea- sonable expenses incurred while in the discharge of their official duties. The salaries or wages of all otficers or em- ployees of the school shall be fixed by the board in accord- ance with law. [Amendment approved May 26, 1915; Stats. 1915, p. 849.] Also anioiiilea F.'bru:iry 27th, 1893; Stats. 1S93, p. .39. SCHOOL OF INDUSTRY. 825 Board to elect officers. Sec. 11. The board shall elect a superintendent, a military instructor, and a secretary. The superintendent and secre- tary shall givo such bonds for the faithful performance of their duties as the board shall determine. The bond of the superintendent shall be for a sum of not less than ten thou- sand dollars, and that of the secretary of not less than five thousand dollars. The military instructor must be a man who is a good disciplinarian and skilled in military tactics. He shall receive from the governor a commission with the rank of major. lie shall perform such duties and receive such salary as the l)oard may prescribe. The board shall meet once in three months for the transaction of business. Special meetings may be called by the president when deemed necessary. Instruction. Sec. 12. The board shall cause to be organized and main- tained a department of instruction for the inmates of said school, with a course of study corresponding as far as prac- ticable with the course of study in the public schools of this state, but the course shall not be higher than the course pre- scribed in grammar schools. They shall adopt a system of government, end3racing such laws and regulations as are necessary for the guidance of the officers and employees, for the regulation of the hours of study and labor, for the preservation of order, for the enforcement of discipline and military training, for the preservation of health, and for the industrial training of the inmates. The ultimate pur- pose of all such instruction, discipline, and industries shall be to qualify the inmates for honorable and profitable em- ployment after their release from the institution, rather than to make said institution self-sustaining. The board shall also determine the number of officers and employees re- quired, and shall prescribe their duties and fix the amount of their compensation. Bond of superintendent. Salary. Appointments by Duties. Sec. 13. The superintendent, before entering upon the dis- charge of his duties, shall make and file with the board an oath that he will faithfully and impartially discharge the duties of his office. Thereupon he shall, subject to the regu- lations prescribed by the board, be invested with the cus- tody of the lands, buildings, and all other property belonging to and under the control of the said institution. He shall receive for his services a salary not exceeding the sum of 82fi APPENDIX, llii'cc lli()us;iii(l (lolljH's per ;iniiuiii. Il<' sliiill ;i|)])()iii1, except ;is lici'einhefoi'e jn'oxided, all offieers and eni])l().vees of said institution, avIio sliall hold officM^ duiMnj? his pleasure, lie shall pi-ovide a book- in wliicli sliall he i'0£?isferod the name, residence, occupation, and reliix. iiicapjiltli' (if rfl'(inn;il ion or so iiior;ill\' (Ifdcicnt or locofrifj:!- ble as to i-oiulcf his i-clcntioii dcli'iniciital to llif interests of said school, or wlieii it is aseei-taiiicd by good and sufficient (n-idonco that said l)o\' lias misi-epiM'Scnted his ;\ffo to the coTirt who sentenced him, oi- has been previously convicted of a felony, he may recommend such boy to the board for return to the said court, and if the board is satisfied that it is for the best interests of the school that such boy be re- turned, it shall so cause him to be returned to the said court, and it shall be lawful for said court to annul and set aside the previous commitment to said Preston School of Industry and resume proceedings Avhei'c the same Avere suspended when such commitment was nuule. [Amendment approved April !(!, 1009; Stats. 1909, p. 9f;4.] Transfer to, from state prison. Sec. 20. Any boy under the age of eighteen years, who is undergoing sentence in any state prison in this state (except such as are undergoing a life sentence), and who shall be deemed a fit subject for training in the said school, may, upon recommendation of the state board of prison directors, with the approval of the gOA^ernor, be transferred to said school for the unexpired period of his sentence, and Avhen honorably discharged from said school, as hereinbefore pro- vided, shall be entitled to such benefits and innnunities as are provided for the other inmates of the institution. Aiding- escape. Sec. 21. Any person who knowingly permits, or Avho aids any boy to escape from the said school, or Avho knowingly promotes his departure, or conceals him Avith the intent of enabling such escaped bo}^ to elude pursuit, shall be guilty of a misdemeanor, and shall, upon conviction, be punished according to laAv. Any fugiti\'e from said institution, or from the parties to Avhom he is bound out or apprenticed, may be arrested and returned to the institution by any per- son upon Avritten request or order of the superintendent directed to such person. Duties of trustees. Contracts. Security and bond of bidder. Sec. 22. The board of trustees are hereby authorized and required to contract for proA^isions, clothing, medicines, forage, fuel, and other staple supplies of the school for any period of time not exceeding one year, and such contracts shall be limited to bona fide dealers in the several classes of articles contracted for. Contracts for such articles as the board may desire to contract for shall be given to the loAvest SCHOOL OF INDUSTRY. 829 bidder at a public letting thereof, and if the price bid is a fair and reasonable one, and not greater than the usual market value and prices. Each Ind shall be accompanied by such security as the board may require, conditioned upon the bidder entering into a contract upon the terms of his bid, on notice of the acceptance thereof, and furnishing a bond, with good and sufficient sureties, in such sum as the board may require, and to their satisfaction, that he will faithfully perform his contract. If the proper officer reject any arti- cle as not complying with the contract, or if a bidder fail to furnish the articles awarded to him when required, the proper officer of the school may buy other articles of the kind rejected or called for, in the open market, and deduct the price thereof over the contract price from the amount due to the bidder, or charge the same up against him. No- tice of the time, place, and conditions of the letting of con- tracts shall be given for at least two consecutive weeks in one newspaper printed and published in the city and county- of San Francisco, in one newspaper printed and published in the city of Sacramento, and in one newspaper printed and published in the county of Amador. If all bids made at such letting ai'e deemed unreasonably high, the board may, in their discretion, decline to contract, and may again advertise for such time and in such papers as they see proper for pro- posals, and may so continue to renew the advertisement until satisfactory contracts are made ; and in the meantime the board may contract with any one whose offer is regarded just and equitable, or may purchase in the open market. No bid shall be accepted, nor a contract entered into in pursu- ance thereof, when such bid is higher than any other bid at the same letting for the same class or schedule of articles, quality considered, and when a contract can be had at such lower bid. When two or more bids for the same article or articles are equal in amount, the board may select the one which, all things considered, may by them be thought best for the interest of the state, or they may divide the contract between the bidders, as in their judgment may seem proper and right. The board shall have power to let a contract in the aggregate, or they may segregate the items and enter into a contract with the bidder or bidders who may bid lowest on the several articles. The board shall have the power to reject the bid of any person who had a prior con- tract, and who had not in the option [opinion] of the board faithfully complied therewith. [Amendment approved Feb- ruary 27, 1893; Stats. 1893, p. 40. In effect July 1, 1893.] 1893."] S'Ai) APPENDIX. Proclamation by governor. See. 23. AVheii the premises are ready for oecupancy, the board shall eertii'y siieli faet to the fjfoveriior, who shall make due proelamation thereof. Thereaftei" it shall be lawful for any competent ma^'istrate or court to commit juvenile offenders to the instituti(ui, as herein provided. Controller. Sec. 24. The controller of state is hereby authorized and directed, on requisition of the said board, to di'aw his war- rant on the state treasurer in favor of said board, to pay for the necessary expenditures in the establishment and mainte- nance of the said school, and the state treasurer is authorized to pay the same from the a])propriations pi-ovided for in this act. Effect of other acts in conflict. See. 2.5. For the purpose of giving practical effect to the provisions of this act, all laws or parts of laws which conflict with the provisions hereof are, for the purposes of this act only, suspended, and hereby made inapplicable to any boy committed to and in the custody of said school. Sheriff's fees. See. 26. In all jDroceedings relating to commitments under this act the fees and compensation of the sheriff and other officers of the court shall be such as are allowed by law for like proceedings and services in criminal cases. Construction of act. See. 27. This act shall be construed in conformity with the intent as well as with the express provisions hereof, and shall confer upon the board authority to do all those lawful acts, from time to time, which are necessary to promote the prosperity of the institution and the well being and reforma- tion of its inmates, including the organization of trade schools, the purchase and use of fixed and movable machin- ery, the erection of necessary buildings for machinery and other purposes, the improvement and management of a farm, orchard, and garden, the purchase of necessary supplies for the institution, and materials for manufacture, and perform- ance of all other necessary and lawful acts, not otherwise prohibited, which may be required to comply with the pur- poses of this act ; but nothing herein contained shall be so construed as to permit said board to incur any indebtedness or obligation in excess of the appropriations allowed by law for the establishment and maintenance of said school. SCHOOL OF REFORM. 831 Act takes effect when. Sec. 28. This act shall take effect and be in force from and after its passage. Effect of Juvenile Court Law. By section 28 of the Juvenile Court Law of 1909 (Stats. 1909, p. 213) and 1911 (Stats. 1911, p. 673), and again by section 31 of the Juvenile Court Law of 1913 (Stats. 1913, p. 1288), it was provided that this law was super- seded as to the' mode of commitment to the Preston School of In- dustry. The act, however, was left in force as to all matters con- cerning its management. It is therefore inserted in full. SCHOOL OF REFORM. An Act to establisli a sdiool for the discipline, education, em- ployment, reformation, and protection of juvenile delin- quents, ill tlie state of California, to he known as "The Whittier State School." Title of original act. The title of the original act, as enacted in 1889, read: "An Act to establish a state reform school for juvenile offenders, and to make an appropriation therefor." It was amended to read as above by Stats. 1893, p. 328. [1. Approved March 11, 1885; Stats. 1889, p. 111. 2. Amended March 23, 1893; Stats. 1893, p. 328. 3. Amended March 7, 1905; Stats. 1905, p. 80. 4. Amended February 7, 1907; Stats. 1907, p. 3. 5. Amended April 19, 1909; Stats. 1909, p. 988.] Effect of Juvenile Court Law: See note at end of act. § 1. Change of name. § 2. Board of trustees. Terms of office. Vacancy', how filled. § 3. Powers. § 4. Selection of site. § 5. To adopt plans. § 6. Trustee or employee not to be interested. § 7. Meetings and modes of transaction of business. Furniture and apparatus. Deficiencies. § 8. Annual election of officers. § 9. Superintendent and other officers. § 10. Eeport of trustees. § 11. Meetings. § 12. Duty of superintendent. § 13. Duty of treasurer. § 14. Buildings and grounds. § 15. Age of boys and girls subject to admission. § 16. For what offenses may be committed. § 16a. Truant children, commitment of. § 16b. Dependent and delinquent children may be committed. § 16c. Conditions and manner of commitment. § 16d. [Renumbered § 20.] § 16e. [Renumbered § 20.] § 17. Citation to custodian of child. Warrant for arrest of parent or custodian. Detention of child. Terra of commitment. § 18. Discharge of child, § 19. Right to parole. 832 APPENDIX. §20. Incorrigible rliildrcii to bo rcliinird to coiirl. § 21. I'rivatc examinations. § 22. Record, wliat only to be made. §23. Clotiiing, money, and transportation lor those released. § 24. Aiding escapes. Punishment therefor. § 25. Who shall execute writ of commitment. § 26. Auditing by board of trnstees. § 27. Boys may he transferred from state prison. § 28. [Renumbered § 25.] §29. When inmate must support iiimself. [Repealed. ] §30. [Renumbered § 20.] § 31. [Added section. Renumbered § 27.] § 31. Act takes effect when. Juvenile Court Law. As to this law, see note at end of this statute. Change of name. Section 1. Tlierc shall be os1;'I)lislio(l aiul maintainod in this state, and located at Whittiei', in the county of Los Angeles, an institution for the discipline, education, employ- ment, reformation, and protection of juvenile delinquents in the state of California, to be known as "The Whittier State School"; and in all judicial, official, or other proceedings, and in all contracts, transfers, or other instruments in writ- ing, the above name shall be deemed a sufficient designation of said institution. [Amendment approved March 23, 1893 ; Stats. 1893, p. 328.] Board of trustees. Terms of office. Vacancy, how filled. Sec. 2. The general supervision and government of said institution shall be vested in a board of trustees consisting of three citizens of the state of California, who shall be appointed by the governor with the advice and consent of the senate. The members of said board shall hold their offices for the respective terms of two, three, and four years from the first day of March, eighteen hundred and eighty- nine, and until their successors shall be appointed and qualified said respective terms to be designated in their ap- pointments ; and thereafter there shall be one of said board appointed in the same manner every two years, whose term of office shall continue four years, and until his successor is appointed and qualified. If a vacancy shall occur in said board by expiration of the term of any such trustee, or other- wise, when the senate is not in session, the governor shall fill such vacancy for the unexpired term, subject to the approval of the senate at its next regular session. Said trus- tees, before entering on the discharge of the duties of their office, shall each take an oath faithfully to discharge the same. SCHOOL OF REFORM. 833 Powers. See. 3. The trustees of siieh institution shall be a body corporate and politic for certain purposes, namely : To re- ceive, hold, use, and convey or disburse moneys or other property, real and personal, in the name of said corporation but in trust and for the use and by the authority of the state of California, and to control, manage, and direct the several trusts committed to them respectively, including the organ- ization, government, and discipline of all officers, employees, and other inmates of said institution, with power to make contracts, to sue and be sued, plead and be impleaded, to have and to use a common seal, and to alter the same at pleasure, and to exercise all the powers usually belonging to said corporations and necessary for the successful dis- charge of the obligations devolved by law upon said mem- bers of trust; provided, that they shall not have power to bind the state by any contract or obligation beyond the amou7it of appropriations which may at the time have been made for the purposes expressed in the contract or obliga- tion, nor to sell or convey any part of the real estate belonging to such institution without the consent of the legislature, except that they may release any mortgage, or convey any real estate which may be held by them as secur- ity for any money or upon any trust, the terms of Avhich authorize such conveyance ; and provided further, that the legislature shall have power at any time to amend, alter, revoke, or annul the grant of corporate powers herein contained. Selection of site. Sec. 4. The said board of trustees are hereby empowered [invested] with full power and authority to select a site for the permanent location of said school in the county of Los Angeles. Said trustees shall, within thirty davs after their appointment and aualification, examine the different sites offered by the people of the county of Los Angeles for the location of the said school, and select therefrom a suitable location for said buildings; and the site selected by them shall be and remain the permanent site for said school ; said site to contain not less than forty nor more than one hun- dred and sixty acres, giving preference, other things being equal, to a location central and easy of access from all parts of the county or state ; provided, that no buildings shall be commenced or erected in said county of Los Angeles until a deed in fee-simple of the land selected by the said board of trustees shall be made to the state, and recorded in the ree- Pen. Code — 53 834 APPENDIX. oi'ds of the county i-ccordci- oi" said Ijos Angeles County, and said deed deposited in the offiee of the secretary of state, f Amendment approved March 23, 1893; Stats. 18hdnt of any ])oacc-ot'ficer, teacher, pai-ent, guardian oi- otlier ])erson, under the same conditions and in the same manner as is provided in section Ki of this act. [Amendment approved April 19, 1909; Stats. 1909, p. 988.] Legislation § 16a, 1. Added March 7, 1905; Stats. 190'), p. 81. 2. Amended April 19, 1909; Stats. 1909, p. 988. Dependent and delinquent children may be* committed. Sec. 16b. Any child who comes under the provision of an act entitled an act definino- and providing for the control, protection and treatment of dependent and delin(juent chil- dren ; prescril)ing the powers and duties of courts with re- spect thereto ; providing for the appointment of probation officers, and prescribing their duties and poAvers ; providing for the separation of children from adults when confined in jails or other institutions; providing for the appointment of boards to investigate the qualifications of organizations re- ceiving children under this act and prescribing the duties of such boards ; and providing what proceedings under this act shall be admissible in evidence, approved February 26th, 1903, may be committed to the Whittier State School by any superior judge under the same conditions and in the same manner as provided in section sixteen of this act. [Added March 7, 1905; Stats. 1905, p. 81.] Legislation § 16b. The original § 16b was added by Stats. 1893, p. 330; renumbered § 16c by Stats. 1905, p. 82, when the present § 16b was added; § 16c amendecl by Stats. 1909, p. 990, and renumbered § 18, q. v., post. Conditions and manner of commitment. Sec. 16c. Any judge of any superior court of this state may commit any boy betw^een the ages of eight and nineteen years, or girl between the ages of eight and eighteen years to the custody and guardianship of the said school on the conditions and in the manner following: 1. On the complaint in writing filed and due proof thereof made, by the parent or guardian of said boy or girl, showing that by reason of the incorrigible or vicious conduct of such boy or girl, he or she is beyond the control and power of such parent or guardian. 2. On complaint in writing filed and due proof thereof made, showing that such boy or girl is a proper subject for SCHOOL OF REFORM. 839 the care and guai'dianship of said school, by reason of va- grancy or incorrigible or vicious conduct ; or in cases where, from moral depravity or otherwise, the parent or guardian having control of such boy or girl is incapable of exercising, or unwilling to exercise, the proper care or discipline over such boy or girl, and in cases where such boy or girl has no parent, guardian or other protector. '6. Un complaint in writing filed and due proof thereof made by the mother, or guardian wiien the father is dead, or has abandoned his family, or is an habitual drunkard, or does not support his family, and it appears that such boy or girl is destitute of a home and adequate means of obtaining an honest living and is in danger of being brought up to lead an idle or immoral life. [Amended and renumbered. Approved April 19, 1909; Stats. 1909, p. 989.] Legislation § 16c. 1. Added as § 20, March 23, 1893; Stats. 1893, p. 332. 2. Amended aud renumbered § 16c, April 19, 1909; Stats. 1909, p. 989. 'Xhe orignial § 16c was added by Stats. 1893, p. 332; renumbered § 13d bv Stats. 190.5, p. 82; § 16d amended and renum- bered § 19 by Stats. 1909, p. 990, q. v., post. Sec. 16d. [Renumbered section.] Legislation § 16d. 1. Ad'ded by Stats. 1893, p. 331. 2. Amended aud renumbered § 16e by Stats. 1905, p. 82. 3. § 16e amended and renumbered § 20 by Stats. 1909, p. 991, q. v., post. Sec. 16e. [Renumbered section.] Legisla<-ion § 16e. See supra, Legislation § 16d, and post, Legisla- tion § 2C. Citation to custodian of child. Warrant for arrest of parent or custodian. Detention of child. Term of commit- ment. Sec. 17. In all cases where complaint is made by another than the parent or guardian having the custody of said boy or girl, a citation shall issue requiring the person having custody or control of said boy or girl, or with whom the said boy or girl may be, to appear with him or her at a place and time stated in the citation. Service of such citation must be made at least twenty-four hours before the time stated therein. The parents or guardian of the boy or girl, if re- siding in the county in w^hieh the court sits, and if their places of residence be known to the petitioner, or if there be neither parent or guardian so residing, or if their places of residence be not known to petitioner, then some relative of the boy or girl, if there be any residing in said county, and if his residence and relationship to such boy or girl be known to petitioner, shall be notified of the proceedings by 840 Al'PKXDIX. scmicc of cit.-ilioii rc(|iiiriiiij, lliciii to ;i|)|)c;ir ;il Ili<' liiix' ;m<1 ])l,'i('(' to he slalod in siieh cilation. In any easo llic judge may appoint some suitable person to act in behalf of the boy or girl, and may order sueh I'uiHier notiee of tlie proceeding to be given as lu' iiuiy deem proijei*. If any ])erson, eited as herein provided, shall fail, Avithout reasonable cause, to ap- pear and abide by the ordei- of the court, or to bring the boy or girl, if so required in llie citation, sueh failure shall constitute a contempt of said court and may be punished as provided for in cases of contempt of court. In case any such citation cannot be served, or the party served fails to observe the same, and in any ease in which it shall be made to appear to the court that such citation shall be ineffectual, a warrant of arrest may issue on the order of the court, either against the parent or guardian, or the person having the custody of the boy or girl, or with whom he or she may be, or against the boy or girl, or any of said persons; or if there be no person to be served with citation as above pro- vided, a warrant of arrest may be issued against the boy or girl immediately. On the return of the citation or other process, or as soon thereafter as may be, the court shall pro- ceed to hear and disjiose of the case in a summary manner. Until the final disposition of any case, the boy or girl may be retained in the possession of tlie person having charge of the same, or may be kept, upon the order of the court, in some suitable place, provided by the county, or city and county, or may be held otherwise, as the court may direct. In all cases of connnitment to said school the same shall be until said boy or girl is twenty-one years of age, and it shall be the duty of the court committing such boy or girl to such school to certify to the superintendent thereof, the date of birth or age of such boy or girl so committed, as nearly as the same can be ascertained by testimony taken under oath either before the court or in such manner as he may direct. [Added April 19, 1909 ; Stats. 1909, p. 989.] Legislation § 17. The original § 17 was enacted Maich 11, 1889 (Stats. 1889, p. 115); amended by Stats. 1893, p. 332; amended by Stats. 1905, p. 82; repealed by Stats. 1909, p. 991. Discharge of cliild, Sec. 18. It shall be laMful for the board whenever it may deem any inmate of said institution to have been so far re- formed as to justify his discharge, to give him an honorable dismissal and to cause an entry of the reasons for such dis- missal to be made in the book of records prepared for that purpose. All persons thus honorably dismissed and all those who have attained the age of twenty-one years shall there- SCHOOL OF REFORM. 8-41 after be released from all penalties and disabilities resulting from the oifenses or crimes for which they were committed. Upon the final discharge of any inmate as in this section provided, the superintendent shall innnediately certify such discharge in writing and shall transmit the certificate to the court by which such inmate was committed. Said court, thereupon, shall dismiss the accusation and the action pend- ing against said person. [Amended and renumbered. Approved April 19, 1909; Stats. 1909, p. 990.] Legislation § 18. 1. Added as § ICb, March 23, 1893; Stats. 1893, p. 332. 2. § 16b renumbered § 16c, March 7, 1905; Stats. 1905, p. 82. 3. § 16c amended and renumbered § 18, April 19, 1909; Stats. 1909, p. 990. The original § 18 was enacted March 11, 1889 (Stats. 1889, p. 116); amended by Stats. 1893, p. 332; amended by Stats. 1905, p. 82; repealed by Stats. 1909, p. 991. Right to parole. Sec. 19. There shall be established in said school a system of marking and grading upon merit or attainments in school and shop and general conduct, by which the boy or girl committed under this act may Avork out his or her way to parole and honorable discharge. When in the opinion of the superintendent a boy or girl, by the regulations established for that purpose, has earned a right to a parole, he shall cause to be obtained a reputable home or place of employ- ment where said boy or girl may be employed and earn a living by honorable labor, and then shall recommend said boy or girl to the board for parole, and if the board is satis- fied that it is for the Avelfarc of such boy or girl to be par- oled, it shall grant such parole under such conditions as it may deem best, which shall be continued until such boy or girl has proved his or her ability for honorable self-support, when he or she shall, upon the recommendation of the super- intendent, be honorably discharged. Any boy or girl who, while on parole, violates any of the conditions of the parole may be returned to said school. [Amended and renumbered. Approved April 19, 1909 ; Stats. 1909, p. 990.] Legislation § 19. 1. Added as § 16c, March 23, 1893; Stats. 1893, p. 331. 2. § 16c renumbered § 16d, March 7, 1905; Stats. 1905, p. 82. 3. § 16d amended and renumbered § 19, April 19, 1909; Stata. 1909, p. 990. For the original § 19, see post, § 21. Incorrigible children to be returned to court. Sec. 20. Any boy or girl committed to said school Avho, after due trial, is found to be, in the opinion of the superin- tendent, incapable of reformation, or so morally deficient or incorrigil)le as to I'cnder his or her retention detrimental to the interests of said school, or when- it is ascertained by good 842 APPENDIX. .'111(1 siil'(i('i('iit cx'idfiK'f, tlint snid lioy or jz:irl lias misropre- soiitod liis or li(>r nge to tho coni't Avho sentenced him or her. or has been previously convicted of a felony, he may recom- mend such l)oy or girl to the board of trustees for return to the said court and if the said board is satisfied that it is for the best interests of the school that such boy or girl be re- turned, it shall so cause hiin or her to be returned to said court, and it shall be lawful for said court to annul and set aside the previous commitment to the said AVhittier State School and resume proceedings where the same were sus- pended wJKMi such commitment Avas made. [Amended and renumbered. Approved April 19, 1909; Stats. 1909, p. 991.] Legislation § 20. 1. Added as § 16d, March 23, 1893; Stats. 1893, p. 331. 2. § 16d amended and renumbered § 16e, March 7, 190.5; Stats. 190.5, p. 82. 3. § 16e amended and renumbered § 20, April 19, 1909; Stats. 1909, p. 991. For original § 20, see ante, § 16c. Private examinations. Sec. 21. All minors between the ages of eight and eigh- teen years who may be accused of any offense under this act shall, Avith a ahcav to the question Avhether they ought to be committed to said school, be entitled to a priA'ate examina- tion before the court, to Avhich only the parties to the case and the parent or guardian of the accused and such officers of the court as he may direct, and such attorneys as may be engaged in the hearing, shall be admitted, unless one of the parents, the guardian or other legal representatiA^e of the minor demands a public trial ; in such cases the proceedings shall be in the usual manner. [Amended and renumbered. Approved April 19, 1909; Stats. 1909, p. 991.] Legislation § 21. 1. Enacted as § 19, March 11, 1889; Stats. 1889, p. 116. 2. § 19 amended March 23, 1893; Stats. 1893, p. 333. 3. § 19 amended and renumbered § 21, April 19, 1909; Stats. 1909, p. 991. The original § 21 was enacted March 11, 1889 (Stats. 1889, p. 117); amended by Stats. 1893, p. 333; repealed by Stats. 1909, p. 992. Record, what only to be made. Sec. 22. In all cases Avhere the commitment is executed by the official person, AA^hose proceedings are usually evi- denced by the record, or AA'here the occasion of the commit- ment is a criminal charge or conviction against the infant, no other record shall be made (unless demanded by the in- fant, his parent, or guardian) than that, in substance, such infant (naming him), Avho on a day therein named Avas of the age of years, having been brought before said court, or officer, and it having been ascertained by the testi- mony of the Avitnesses that such infant Avas a suitable person to be committed to the instruction and discipline of such ' SCilOOL OF REFORM. 8-13 institution, and in case of conviction for crime (naming the offense), therefore such infant was ordered to be committed to said institution. Clothing-, money, and transportation for those released. Sec. 23. Upon the discharge of any person committed to said school, the superintendent thereof, under such regula- lations and restrictions as the said board of trustees may prescribe, ma}^ provide such person with suitable clothing and five dollars in money, and procure transportation for such person to his or her home, if resident in this state, or to the county to [in] which he or she may have been com- mitted at his or her option. [Amendment approved March 23, 1893; Stats. 1893, p. 333.] Aiding- escapes. Punishment therefor. See. 24. If any person procure the escape of any per- son committed to the school, or advise or connive at, aid, or assist in such escape, or conceal any such person so com- mitted after such escape, he shall, upon conviction thereof in any superior court, be punished by a fine of not less than two hundred dollars nor more than one thousand dollars, or be imprisoned in the county jail not less than two months nor more than one year, or by both such fine and imprison- ment ; or, if such person so convicted be under the age of sixteen years, then he shall be sentenced to the school, as in this act provided. [Renumbered. Approved April 19, 1909; Stats. 1909, p. 992.] Legislation § 24. 1. Enacted as §26, March 11, 1889; Stats. 1889, p. 118. 2. § 26 amended March 23, 1893; Stats. 1893, p. 334. 3. § 26 renumbered § 24, April 19, 1909; Stats. 1909, p. 992. Who shall execute vvrit of commitment. Sec. 25. It shall be the duty. of the sheriff of any county wherein an order is made or approved by a superior judge committing any minor to said school, to execute any and ill writs of commitment issued or approved by said judge, ind to receive as compensation therefor such fees as are now jr may hereafter be provided by laAv for the transportation of prisoners to the state prison, provided, that in all cases where the commitment shall be made under section 16a, 16b, or 16c, of this act, the parent, guardian, or other protector of such minor may, at his option, and in all cases where he is liable, or where the estate of such minor is sufficient, exe- cute said writ of commitment, after having been duly sworn therefor with like powers and with like effect as the sheriff would possess in such case, but without expense to the 8-44: AI'l'lJNDlX. state; and riii'thci- pi-oxidcd, tlint in tli<' case of a minor female; committed to said school, and there is no parent, p:uai-dian, or other pi-otector of such minor, who, in the opin- ion of the court, is a i)roper person to safely conduct such female to said school, that then, in such case, the court shall appoint some suitable woman of satisfactory character and discretion, who shall take the custody of such minor female after her said commitment, and shall forthwith deliver her to said school, and be entitled to the same compensation therefor as is otherwise provided to be paid to the sheriff in all cases Avherc, if such nunor Avere a boy and were by a sherilf delivered to said school, he, the said sheritT, would be entitled to receive compensation, under the terms of this act. [Amended and renumbered. Approved April 19, 1909 ; Stats. 1909, p. 992.] Legislation §25. 1. Enacted as § 28, March 11, 1889; Stats. 1889. p. 119. 2. § 28 amended March 23, 1893; Stats. 1893, p. 335. 3. § 28 amended and renumbered §25, April 19, 1909; Stats. 1909, p. 992. The original §25 was enacted March 11, 1889 (Stats. 1889, p. 118); repealed by Stats. 1909, p. 992. Auditing' by board of trustees. Sec. 26. The said board of trustees shall examine, audit, and allow the demands arising under the terms of the aforesaid act and the amendments thereto, and the state controller shall thereupon draw his warrants therefor, payable out of the proper fund, and the state treasurer is hereby ordered to pay such warrants. [Renumbered. Approved April 19, 1909; Stats. 1909, p. 992.] Legislation §26. 1. Enacted as § 30, March 11, 1889; Stats. 1889, p. 120. 2. § 30 amended March 23, 1893; Stats. 1893. p. 336. 3. § 30 renumbered §26, April 19, 1909; Stats. 1909, p. 992. The original § 26 was enacted March 11, 1889 (Stats. 1889, p. 118); amended by Stats. 1893, p. 334; renumbered § 24 by Stats. 1909, p. 992, q. v., ante. Boys may be transferred from state prison. Sec. 27. Any boy under the age of eighteen years, who is undergoing sentence in any state prison in this state (except such as are undergoing a life sentence), and who shall be deemed a fit subject for training in the said school, may, upon recommendation of the state board of prison directors, with the approval of the governor, be transferred to said school for the unexpired period of his sentence, and when honorably discharged from said school, as herein- before provided, shall be entitled to such benefits and immu- nities as are provided for the other inmates of the institu- tion. [Renumbered. Approved April 19, 1909; Stats. 1909, p. 992.] SCHOOL OF REFORM. 845 Legislation §27. 1. Added as § oJ, Pehiuaiy 7, 1907; Stats. 1907. (). o. 2. §31 renumbered §27, April 19, 1909; Stats. 1909, j). 992. The origiual § 27 was enacted March 11, 1889 (Stats. 1889, p. 118); amended by Stats. 1893, p. 334; repealed by Stats. 1909, p. 992. See. 28. [Renumbered section.] Legislation § 28. 1. Enacted March 11, 1889; Stats. 1889, p. 119. 2. Amended March 23, 1893; Stats. 1893, p. 335. 3. Amended and renumbered § 25, April 19, 1909; Stats. 1909, p. 592; q. v., ante. When inmate must support himself. Sec. 29. [Repealed section.] Legislation § 29. 1. Enacted March 11, 1889; Stats. 1889, p. 119. 2. Amended March 23, 1893; Stats. 1893, p. 336. 3. Repealed April 19, 1909; Stats. 1909, p. 992. Sec. 30. [Renumbered section.] Legislation § 30. 1. Enacted March 11, 1889; Stats. 1889, p. 120. 2. Amended March 23, 1893; Stats. 1893, p. 336. 3. Renumbered § 26, April 19, 1909; Stats. 1909, p. 992; q. v., ante. Sec. 31. [Renumbered section.] Legislation § 31, 1. Added February 7, 1907; Stats. 1907, p. 3. 2. Renumbered § 27, April 19, 1909; Stats. 1909, p. 992; q. v. ante. Act takes effect when. Sec. 31. This act shall take effect and be in force from and after its passage. Effect of Juvenile Court Law. This act superseded as to com- mitment by § 28 of the Juvenile Court Act of 1909 (Stats. 1909, p. 213), and 1911 (Stats. 1911, p. 673), and again by § 31 of the .Tuvenile Act of 1913 (Stats. 1913, p. 1288). The act was otherwise left in force. It is therefore inserted in full. An Act relating to co))imit}nciiis to the state scliool at Whit- tier and to the Preston School of Industry; fixing t\e authority to examine and commit to sucli schools with the superior court judges of the coitnties, and fixing the responsihilities from which commitments are made to the state for maintenance of the persons committed there- from; providing for the manner of payment thereof, and fixing the responsibility of the parents to the counties from which their children are committed. [Approved March 26, 1895; Stats. 1895, p. 122.] § 1. Only superior judges shall commit to Whittier and Prestori schools. Parents shall pay. § 2. Counties shall pay. § 3. Duty of clerk of court. Duty of county treasurer. § 4. Duty of superintendents of state schools. § 5. Conflicting acts repealed. § 6. Act takes effect when. 8-46 Al'PKiXDlX. Only superior judges shall commit to Whittier and Preston schools. Parents shall pay. Section 1. Tli(! .su])orioi' jiuIro o\' any county, and no ollu'i- judicial officer, shall have power to examine, dis- ch;ii'^''e, or connnit any offender either to tJic AVhittier State Schoolor to the Preston School of Industry; provided, that the superior judge .shall determine whether or not the parent or guardian of any minor connnitted to the Whittier State School or to the Preston School of Industry is able to pay to the county in which the commitment is made for the maintenance of such minor during the term of such com- mitment; and when the superior judge shall determine that said parent or guardian hns the ability to pay as aforesaid for the maintenance of such minor during the term of such confinement, the parent or parents or guardian shall pay into the treasury of such county the sum of eleven dollars per month in advance ; and in case of the failure to pay the same as herein provided, it shall be the duty of the district attorney of such county to proceed to collect the amount from such parent, parents, or guardian in the manner that other indebtedness against the county is collected. Counties shall pay. Sec. 2. For each and every person hereafter committed to either the Whittier State School or the Preston School of Industry, the county from Avhich the commitment is made shall pay into the state treasury the sum of one hundred and thirty-two dollars per annum, and at that rate for each frac- tion of a year. Duty of clerk of court. Duty of county treasurer. Sec. 3. It is hereby made the duty of the clerk of the superior court of the county from which such commitment is made, to certify to the county auditor the name, age, and date of commitment of each person committed by the supe- rior judge thereof, and the amount due to the state from the county by reason of such commitments, and before the first day of May and December of each and every year to file with the treasurer of the county a statement of the number of commitments, with the date thereof, and the amount due from the county by reason of such commit- ments, to the state treasurer; and it is further made the duty of the county treasurer, during the settlement or at the time of the settlement with the state during the month of May and December of each year, to pay to the state treas- urer, through the state controller, the amount so found to SEDUCTION — SHIPPING. » Si? be duo to the state by reason of commitments to the state seh()(ils as herein provided. Duty of superintendents of state schools. Sec. 4. The superintendent of tlie state school at Whit- tier and the Preston School of Industry are hereby required to transmit to the state treasurer a statement of all com- mitments to their respective institutions, showino' the name of the person committed, the date of the commitment, and the county from Avhich the commitment is made, and the amount due to the state from the county by reason of such commitments ; said statement to be made quarterly, as fol- lows : On or before the first day of January, the first day of April, the first day of July, and the first day of October of each year ; and it is hereby made the duty of the con- troller of state to add the amounts due to the state from said counties such sum as may be shown to be due by reason of commitments to such schools, as in section two of this act 13rovided. Conflicting- acts repealed. Sec. 5. All acts and parts of acts in conflict herewith are hereby repealed. Act takes effect when. Sec. 6. This act shall take effect immediately. SEDUCTION. An Act to punisli seduction. [Approved March 1, 1872; Stats. 1871-72, p. 184.] Seduction. Section 1. Every person who inveigles or entices any un- married female, of previous chaste character, under the age of eighteen years, into any house of ill-fame, or of assigna- tion, or elsewhere, for the purpose of prostitution, and every person who aids or assists in such abduction for such iDur- pose, and every person who by any false pretenses, false representation, or other fraudulent means, procures any female to have illicit carnal connection Avith any man, is punishable by imprisonment in the state prison not exceed- ing one year, or by a fine not exceeding one thousand dol- lars, or by both. SHIPPING. See ante, Appendix, tit. "Buoys and Beacons." H4S Ai'i'i:.\i)i\, STATK I'KISONS. .1;; Act providing for (lie crccliou and opcrdlioti of rock- crjisliing plants at the state prisons, for the preparation of highway material for the benefit of the people of the state, and providing for the necessary advances and appropriation of money to carry out said work. [Approved March 28, 1895; Stats. 1895, p. 274.] § 1. Rock-crushing plants may be established. § 2. Cost of product, how to be estimated. § 3. Sale price. § 4. Profit to be paid into state treasury. § 5. Prison directors may lease railroad cars. § 6. Appropriation. § 7. Revolving fund. § S. Conflicting acts repealed. § 9. Act takes effect when. Rock-crushing" plants may be established. Section 1. The governor of the state, the state prison directors, and the hnreau of liighways (or if the latter shall not be established, then and in that case the two first named) shall, when satisfied that fifty thonsand cnbic yards of prepared road or highway metal, as hereinafter described, will be taken for highway purposes, purchase, establish, and operate at one or both of the state prisons, a rock or stone crushing plant, to be operated by convict labor and by the application of powder under control of the state prison direc- tors, and with such free labor as is necessary for superin- tendence and direction, to crush rock or stone into road- metal for highway purposes, of different and necessary de- grees of fineness ; provided, that the authority and direction hereby and herein conferred and given, shall not be exer- cised or employed until the governor and the state prison directors are satisfied that transportation can be had for such highway-metal for highway purposes at just and rea- sonable rates, and so as to justify the setting up and opera- tion herein provided for of said plant. Cost of product, how to be estimated. Sec. 2. When such plant described in section one is set up and operated there shall be taken into account in ascer- taining the cost of producing highway-metal therefrom, only the cost of necessary explosives, oil, fuel, tools, and machin- ery exclusive of the plant itself, repairs, superintendence, and direction, and the preparation and maintenance of beds, boxes, crates, or other unloading devices for carriage and delivery from cars of said highway-metal. STATE PRISONS. • 849 Sale price. See. 3. 'J'o said cosl of pi-oduetion so ascertained, as set out in section two, there shall be added for and to each and every cubic yard of highway-metal so produced, ten per cent, and the i-esult or product of such addition shall be the sale price of such metal delivered from the plant free on board of the cars or other vehicles of transportation. Profit to be paid into state treasury. Sec. 4. Said ten per cent shall, as realized, and not less frecpiently than semi-annually, be paid into the state treas- ury, until there shall have been paid in the full sum of twenty-five thousand dollars, and thereafter said percentage shall be reduced to five per cent, and the same, as realized, shall bfe paid into the fund for the support of the state prisons. Prison directors may lease railroad cars. Sec. 5. The state prison directors are hereby authorized to lease railroad cars Avith equipment suitable for the rapid and economical handling and delivery of highway material prepared as aforesaid, whenever in their judgment the in- terests of the people of the state will be conserved thereby in the matter of highway construction by the use of such highway-metal so produced, as in this act provided. The cost of such leasing shall in such case be carried into the cost of production described in section two. Appropriation. Sec. 6. The sum of thirty thousand dollars is hereby ad- vanced by the state, for the purposes of this act, and said sum is hereby appropriated out of the general fund of the treasury, subject to the demand of the state prison direc- tors; and the state controller shall, on presentation of such demand, in writing, draw his warrant upon the treasurer for the said sum of money in behalf of said state prison direc- tors, and the state treasurer shall, on presentation of such warrant, pay the same. Twenty-five thousand dollars of said sum of money so advanced and appropriated shall be returned to the fund from which drawn, as is sj)ecified and directed in this act. Revolving- fund. Sec. 7. The sum of five thousand dollars is hereby set apart out of the money so appropriated in the previous sec- tion, to and for the usage [use] of the state prison directors, to provide and maintain a permanent revolving fund for the purchase of tools, machiner}-, and other material and Pen. Code — 54 850 APPENDIX. H]i|)linii('('s, ('X('lii,si\(' of the ostablisliinciit of the plant de- sci'ihcd ill this act, to he used in tlie ])r()coss of crushing and handling I'oclv or stono at the state i;)risons for the purposes contemplated and set out in this act. All money taken from said revolving fund shall be used exclusively in pay- ment i'or such supplemental machinery, tools, material, and appliances necessary to the proper (piarrying, handling, and l)re])aring of highway mat(>rial at said state i)risons; and so much of the money received for sale of higlnvay-mctal as shall be necessary to that end shall be returned to said re- volving fund as is needed to keep the same constantly at the said figure of five thousand dollars. Conflictmg' acts repealed. Sec. 8. All acts or parts of acts in conflict with the pro- visions of this act are hereby repealed. Act takes effect when. Sec. 9. This act shall take effect and be in force from and after its passage. All Act to regulate and govern the operation of ike rock- er usJting plant at the state prison at Folsom, to provide for the sale of crushed rock, and the disjjosiiion of the revenues derived therefrom. [Approved March 11, 1S97; Stats. 1897, p. 99.] Repealed 1913, p. 1034. An Act to authorize and empower the state board of prison directors to purchase California-grown hemp, to he used in the manufacture of grain-hags, and to fix the price at which such hags shall be sold. [Approved March 16, 1901; Stats. 1901, p. 515.] Prison directors authorized to purchase Califomia-grown hemp. Section 1. The state board of prison directors are authorized and empowered to purchase California-grown hemp, to be used in the manufacture of grain-bags, and to pay for the same from the revolving fund created by law for the purchase of jute. The price for which grain-bags made at said prison from hemp shall be sold shall be fixed by the state board of prison directors, in the same manner as the price of bags made from jute is now by law fixed by said board. Act takes effect vi^hen. Sec. 2. This act shall take effect immediately. STATE PRISONS. 851 Ah Act to aitthorize and cmpoirer the state hoard of prison directors to insure jute and. jute goods against either fire or marine loss and to pay the cost of such insurance from the revolving fund for the purchase of jute. [Approved March 10, 1909; Stats. 1909. p. 281.] Insurance of jute goods. Section 1. The state board of prison directors is hereby authorized and empowered to insure from time to time against fire or marine loss, all jute and jute goods owned by the state, in such amounts as it may deem proper. The cost of such insurance shall be paid from the revolving fund for the purchase of jute. Act takes effect when. Sec. 2. This act shall take effect immediately. An Act directing the state prison directors of the state of California to employ at least twenty prisoners in the construction of roads to the state prisons at San Quentin and. at Folsom. [Approved March 12, 1903; Stats. 1903, p. 127.] State prisoners, employment of, on public roads. Section 1. The state prison directors of the state of Cali- fornia are hereby authorized and directed to employ at least twenty prisoners daih'- during fair weather, in the construc- tion and repair of such public roads as have been or shall hereafter be laid out or opened by the board of supervisors of Marin County, and which extend from San Quentin state prison, or the grounds surrounding the same, to Point Tiburon, San Rafael, and all railroad stations in Marin County which lie in the neighborhood of the said state prison ; providing, that no work shall be done by such pris- oners beyond a point six miles distant from said prison buildings ; and also to employ at least twenty prisoners under like conditions on roads extending from the state prison at Folsom in Sacramento County or connecting therewith; providing, that no work shall be done by such prisoners beyond a point six miles distant from said prison building. Act takes effect when. Sec. ^. This act shall take effect and be in force from and after its passage. Similar acts. Acts similar in terms were passed in 1893 (Stats 1893, p. 141); in 1897 (Stats. 1897, p. 6); in 1891 (Stats. 189l' p. 222). ' S;')2 APPENDIX. An Acl concirniny the payment of llic expenses and costs of the trial of convicts for crimes committed in the stale prison, and. to pay the costs of the trial of escaped con- victs, and to pay for the expenses of coroner inqnests i)L said prison. [Approved April 12, 1880; Stats. 1880. p. 4:',.] See this act, ante, Appendix, tit. "Costs." An Act to establish hoard of parole commissioners for the parole of and government of paroled piHsoners. [1. Approved March 23, 1893; Stats. 1893, p. 183. 2. Amended Febru- ary 28, 1901; Stats. 1901, p. 82.] Repealed June 16, 1913; Stats. 1913, p. 1048. See this not in Gen- eral Laws, Act 2619a. An .let to provide for the creation of a hoard of parole com- missioners for eacli county in this state, for the paroling of prisoners confined in county jails, and authorizing and cmpoive'ring such hoards to make rules and regulations in relation thereto. [Approved March 25, 1909; Stats. 1909, p. 783.] This act is printed in its entirety in the General Laws, tit. "Parole Commissioners," Act 2620. SUPERVISORS. An Act to autJiorize hoards of sujjer visors to pay the expenses of posse comitatus in crimi)ial cases. [Approved April 16, 1880; Stats. 1880, p. 102.] Posse comitatus. Section 1. The board of supervisors of any county may allow, in their discretion, such compensation as they may deem just, to defray the necessary expenses that have been incurred by a posse comitatus in criminal cases ; provided, no claim shall be allowed for exi)enses Avhich have not been incurred within one year before such allowance. Act takes effect when. Sec. 2. This act shall take effect and be in force from and after its passage. INDEX. (S53) INDEX. A ABALONE. See Game LaAvs. Protection of, § 628. Possession of shells, when a misdemeanor, § 628. ABANDONMENT. Animals, of, rights and duties of humane officer § o97f. Children of, punishment of, §§ 271, 271a. See Parent and Child. Husband, by. See Husband and "Wife. Parent, by. See Parent and Child. Wife, of. See Husband and Wife. ABDUCTION. See Kidnaping; Prostitution. Jurisdiction of offense, § 784. Of minor female for prostitution, punishment of, § 267. Punishment of. Appendix, tit. "Seduction." Woman, of, punishment, § 265. ABETTING. Out of state, by person, punishment, §§ 27, 77Sb. ABETTOR. See Accessories. ABORTION, Administering drugs to produce, punishment of, § 274. Advertising to prevent conception a felony, § 317. Advertising to procure, a felony, § 317. Advertising to procure miscarriage a felony, § 317. Evidence of, § 1108. Prosecutrix must be corroborated, § 1108. Soliciting materials for, punishment, § 275. Submitting to, punishment, § 275. Using instruments to procure miscarriage, punishment, § 274. ABSENCE. Application for removal heard in defendant's absence, when, § 1034. District attorney, of, appointing another, § 1130. Jury, of, adjournment of court, § 1142. Limitation of action when defendant out of state, § 802. ACCESSORIES. Abetting by person out of state, punishment, § 27, 778b. All persons concerned liable as principals, § 971. Before act and principal, distinction between abolished, § 971. Concealing felony makes one an accesssory, § 32. Corroboration of, § 1111. Duel, in, punishment, of, § 228. Election laws, aiding and abetting violations of, a misdemeanor, §52. Indicted and tried, may be, though principal accpiitted, § 9( 2. Indicted and tried, may be, though principal not, § 972. (855} S5G JNDEA. ACCESSORIES. (Coutinued.) Jiulictiiiont of, allegations, § 97 I. Int'onnation against, allegations in,§!)7l!. Jurisdiction of Gllenso of, when prineinal offense out of eoiuitv, §791. Lottery, to, guilty of misdemeanor, § ;!22. Misdemeanor, one aiding in, guilty of misdemeanor, § Go9. One harboring persons charged with felony is an accessory, § :\'2 Parties to crime are principals or accessories, § XU. Principals, who are, § 31. Principals. See Principals. Punishment of, § 33. Who are, § 32. ACCIDENT. As affecting liability for crime, § 26. Homicide by, excusable, § 19.5. ACCOMPLICE. See Accessory. Conditional examination at iireliminary examination, § S82. Conviction on teslimony of, §1]11. Corroboration of, necessary, § 1111. Corroboration of, sufficiency of eviilence, § 1111. Definition of accomplice, § 1111. ACCOUNT, Falsification of by public officers, punishment of, § 424. Fraud in corporation's, punishment of, § .563. Presenting fraudulent to public officer, a felon}-, § 72. ACCUSATION AGAINST PUBLIC OFFICERS. Appeal lies from ruling on, §§ 770, 1238. Appearance, failure of defendant to make, proceedings, on, § 761. Appearance, time for, §§ 760, 761, 772. Copy of to be served on defendant, § 760. Defendant may object to sufficiency of or deny the truth of, § 762. Defendant to appear and answer, § 761. Delivered to district attorney, must be, § 760. Denial may be oral and without oath, § 764. Denial of charge, proceedings on, § 766. Denial of, manner of, § 764. Denial to be entered on minutes, § 764. District attorney, against, to be presented to grand jury, § 771. District attorney, proceedings where accusation presented against, §771. District attorney, to be delivered to, § 760. Filing original accusation, § 760. Form of accusation, § 750. Form of objection to, § 763. Grounds of, § 758. In what court found, § 890. Judgment, causes of removal to be assigned, § 769. Judgment of removal to be pronounced on conviction, § 769. Judgment to be entered before effective, § 769. Jury, trial to be by, § 766. Notice to defendant to appear before superior court, § 760. Objection to, need not be in any specific form, § 763. Objection to, overruled, defendant must answer forwith, § 76.5. Objection to, sufficiency of, § 763. INDEX. 857 ACCUSATION AGAINST PUBLIC OFFICERS. (Coutiuiied.) Objection to, to be in writing, § 7(33. Officers, against, to be preseutod by graml jury, § 758. Plea of guilt}', proceedings on, § 7(36. Private person, by, citation to officer, § 772. Private person, by, judgment on conviction, § 772. Private person, by, time of liearing, § 772. Private person may file against officer, § 772. Private person, proceedings on accusation against officer by, § 772. Proceedings against officers ma}' be prosecuted by accusation or information, § 889. Proceedings if defendant does not appear, § 761. Proceedings if defendant refuses to answer, § 766. Proceedings on denial of charge, § 766. Proceedings on plea of guilty^, § 766. Proceedings to remove officers may be by, § 889. Process to compel attendance of witness, both sides entitled to, §768. Eefusal to answer, proceedings on, § 766. Eemoval on, appeal from, § 770. Eemoval on, appeal from. See Offices and Officers. Time for defendant to appear, §§ 760, 761, 772. To be delivered to district attorney, § 760. To be filed with cleric of court, § 76(3. Trial, how conducted, § 767. Trial to be by jury, § 767. Trial, when, to proceed, § 766. "What court found in, § 890. What prosecutions must be by, § 889. ACCUSED. See Defendant. ACID. Throwing upon another, punishment for, § 244. ACKNOWLEDGMENT. Convict may make, § 675. False personation in making, punishment of, § 529. ACQUITTAL. Advising jury to acquit, power as to and effect of, § 1118. Arrest of judgment, effect of as, § 1188. Costs against prosecutor, judgment for and enforcement of, §§1447,1448. Court may advise, § 1118. Defendant discharged on, when and when not, §§ 1165, 1447, 1454. Discharge of defendant that he may be witness is an acquittal, §1101. Effect of for higher offense, § 1023. Foreign, a defense, § 656. Former, form of verdict on plea of, § 1151. Former. See Former Jeopardy. Insanity, proceedings after verdict of acquittal on ground of. § 1167. -Tudgment of can be entered on informal verdict, when, § 1162. Person not subject to prosecution after, § 687. Prosecutor, judgment entered against for costs, when, § 1448. Prosecutor ordered to pay costs on, when, § 1447. Seasonable doubt, defendant entitled to, § 1096. V^erdict of acquittal cannot be reconsidered, § 1161. 858 INDEX. ACTIONS. Authority of court to wliifli rcinovetl, § 103S. (.'ivil remedies for erimiiial afts, § 9. f'lork to ])rop;ire calendar, § 1017. Crimiiinl, defined, § (iS.?. Defendant as witness in, § 1,'12:!. Dismissal of, fi;ronnds of, § ir!S2. Formation of trial .iury, manner of, § 1046. Forms of and rules of pleading in, § 948. In whose name prosecuted, § 6S4. Indictment, when found, § S03. Limitation of. See Limitation of Actions. Merger of civil and criminal, § 9. Parties to, § 684. Party prosecuted, how designated, § GS.^. Place of. See Venue. Proceedings where offense triable in another county, § 827. Property stolen without and brought within state, jurisdiction, § 789. Prosecuted in name of people of state, § 684. Record of, what constitutes, § 1207. Eemoval, application for, how made, § 1034. Eemoval, application for, proceedings if defendant in custody, § 1037. Removal, application for, when granted, § 103.5. Eemoval, ap])lication made by attornej' and heard in defendant's absence, when, § 1034. Eemoval of, before trial, grounds for, § 1033. Eemoval, on whose application granted, § 1033. Eemoval, order of entry of, § 10.36. Eemoval pending actions not affected by statute relating to, § 1035. Removal, transmission of papers, § 1038. Eemoval, transmitting certified copy of proceedings, § 1036. Eemoval, want of fair and impartial trial, § 1033. ADJOUENMENT. Absence of jury, court may adjourn pending, but deemed open for business, § 1142. Admonition of jury on, § 1122. Court, by, during jury's absence, § 1142. Discharge of defendant from eustodv, and continuance, where not brought to trial, § 1383. •Tustice's court, of trial in, § 1433. Preliminary examination, of, §§ 861, 862. Trial, of, ordered when and -how, § 1052. ADMINISTRATIVE OFFICER, Code sections applicable to, § 76. Crimes by and against, § 77. ADMINISTRATOR. Embezzlement, when guilty of, § 506. ADMONITION. Of jury on adjournment, § 1122. ADULTERATION. Articles, of. in general, § 3S2. Butter. See Butter. INDEX. 859 ADULTERATION. (Contimica.) Candy, adulterated, selling or keeping a misdemeanor, § 402a. Candy, adulteration of, a misdemeanor, § 402a. Dairy prodiiets, act establishing standards of quality. Appendix, tit. "Dairies." Dairy products, act prohibiting adulteration and dece])tion in sale of. Appendix, tit. ''Dairies." Dairy products, adulteration of, act defining. Appendix, tit. "Dairies." Drugs, act relating to. Appendix, tit. "Adulteration"; "Drugs." Drugs, manufacture, sale or transportation of adulterated, mis- labeled or misbranded, act to prevent. Appendix, tit. "Drugs." Drugs, meaning of, § 383. Drugs, traffic in, act regulating. Appendix, tit. "Drugs." Drugs, when adulterated, § 383. Food, act providing against adulteration of. Appendix, tit "Adul- teration." Food, drugs or liquors, of, punishment, § 382. Food, liquors, or drugs, tainted or adulterated, penalty for selling or keeping, §§ 382, 383. Food, meaning of, § 383. Food, of, a misdemeanor, § 382. Food', of, meaning of, § 383. Food or drugs, tainted or adulterated, selling a misdemeanor, , §§ 382, 383. Food, when adulterated, § 383. Foods, liquors and drugs, act preveiiting manufacture, sale, etc., of mislabeled or misbranded. Appendix, tit. "Adulteration." Foods, liquors and drugs, act regulating traffic in. Appendix, tit. "Adulteration." Foods, liquors and drugs, state laboratory for, act providing for. Appendix, tit. "Adulteration." Honey, act relating to. Appendix, tit. "Adulteration." Milk, act to prohibit adulteration and deception in sale of. Ap- pendix, tit. "Dairies." Milk, act to prohibit use of chemicals and other materials to pre- vent fermentation. Appendix, tit. "Dairies." Milk, adulteration of defined. Appendix, tit. "Dairies." Milk, certified, act regulating production and sale of. Appendix, tit. "Dairies." Milk, products, act to prohibit use of chemicals and other mater- ials in, to prevent fermentation. Appendix, tit. "Dairies." Milk, standards of, act establishing. Appendix, tit. "Dairies." Paints, oils, varnishes and pigments, act to prevent adulteration of. Appendix, tit. "Adulteration." Quicksilver, sale of debasedfi a misdemeanor, § 367. Eetail dealer not guiltv of if he has guaranty of purity from seller, § 382. Sale of adulterated food, punishment of, § 382. Syrup, act relating to. Appendix, tit. "Adulteration." Wiue, act relating to. Appendix, tit. "Adulteration." "Wines, act to establish uniform wine nomenclature for pure wines. Appendix, tit. "Adulteration." Wine, act to prevent deception in manufacture and sale of. Ap- pendix, tit. "Adulteration." ADULTERY. See Prosecution. Act to punish, § 269a, Legislation. son INDEX. ADULTERY. (Continued.) Conipoti'ncy of luishand or wife as wihics.s, § 1!)'22. Living in state of is a inisilcmoanor, § '2t)9a. Ijivinjj in state of, punisliniont of, § 'J(i!)a. Married persons, by, a felony, § 2n01i. ?/arried persons, by, proof of marriage on prosecntion for, § 26'Jb. Married persons, by, jinnislunent of, § 2(59b. Open and' notorious living in, a misdemeanor, § 2G9a. Open and notorious living in, by married persons a felony, § 269b. Open and notorious living in, by married persons, marriage, how proven, § 269b. Open and notorious, punishment for living in, § 269a. Open and notorious, punisliment for living in by married person, § 269b. ADVERTISEMENT. .Miortion, to procure, a felony, § 317. Attorney advertising to procure divorce or annulment, guilty of misdemeanor, § 1.59a. False statements as to quality of goods sold a misdemeanor, § 6o4a. False statements, making in advertisement of real estate a misde- meanor, § 654b. Injuring, punisliment of, § 616. Lottery, advertising a misdemeanor, § 323. Obscene writing, composing or publishing, a misdemeanor, § 311. Placing on property without consent, a misdemeanor § 602. Posting on state property without license, a misdemeanor, § 602. Posting without license of owner, a misdemeanor, § 602. AFFIDAVIT. See Perjury. Change of venue, for, § 1034. Conditional examination of witness, on, § 1337. Defectively entitled, valid, §§ 1401, 1460, 1563. Deposition, for. See Deposition. Entitling in special proceeding, § 1563. Examination on commission, for, §§ 1352, 1460, 1563. Justices' courts, in, entitling, § 1460. Making of, what deemed complete, within perjury statute, § 124. Need not be entitled, §§ 1401, 1460, 1563. Oath includes affirmation, § 119. Perjury in, subsequent contradictory statements, evidence of, § il8a. Perjury in, what constitutes, § 118a. Police court, entitling affidavit in, § 1460. Subsequent contradictory statements, evidence of falsity, § 118a AFFINITY. -luror, challenge for, § 1074. AFFIRMATION. Oath includes, §§ 7, 119. Testify includes, § 7. AFFRAY. .Jurisdiction of justice's court over, § 1425. AGENT. Embezzlement, when guilty of, §§ 504, 506, 508. False statement to principal, punishment of, § 536. Insolvent bank, agent receiving deposit, punishment of, § 562. INDEX. 861 AGENT. (Continued.) Insolvent bank, overdiavviug account, a misdemeanor, § 561. Insurance, of foreign company not complying with law, § 439. Statement of sales, dnty to make, § .53(ia. Statement of sales, punishment for failure to make, § .536a. Statement of sales, what sufficient, § 536a. AIDERS.. See Accessories. ALAMEDA COUNTY. Fishing in San Leandro Creek and Lake Chabot forbidden. Ap- pendix, tit. "Fish." ALBICORE. See Game Laws. ALCOHOL. See Intoxicating Liquors. ALIEN. ■ Aliens incapable of becoming electors prohibited from fishing. A[)pendix, tit. "Fish." Challenge to, as grand juror, §S9fi. ALTERATION. In book of records is forgery, § 471. Offering fraudulently altered evidence, a felony, § 132. Of legislative bill or resolution. See Legislature. 'Of public record by officer, iiunishment of, § 113. Of public record' by other than officer, puuisinnent of, § 114. AMENDMENT. Challenge, of, § 1062. Indictment, of. See Indictment. Information, of. See Information. AMERICAN FLAG. Desecration of flag prohibited. Appendix, tit. "Flag." AMMUNITION. See Cartridges. Selling to Indians a misdemeanor, § 398. AMUSEMENTS. See Theaters. ANESTHETIC. See Drugs. ANIMALS. See Game Laws; Xuisance; Railroad. Abandoned, rights and duties of officers of humane society, § 597f. Act concerning trout in Siskiyou County, continued in force, § 23, Act for prevention of cruelty to animals continued in force, § 23. Act for prevention of cruelty to animals. Appendix, tit. "Ani- mals." Act to prevent destruction of fish in Bolinas Bay and Napa River continued in force, § 23. Act to preserve fish and game in and around Lake Merritt con- tinued in force, § 23. Act to protect stock-raisers in certain counties continued in force, §23. Act to regulate salmon fisheries in Eel River continued in force, §23. Birds. See Birds. Boar, permitting to run at large, a misdemeanor, § 597g. Branding of, punishment of, § 357. Brands, altering, punishment of, §§ 357, 357^2- 8t)2 INDEX. ANIMALS. (Continued.) liristlc or tack-biir or similar dovii-e, use of prohibited. Appcu dix, tit. ".Xiiiniais." Buck goat ponnittiiig to run at large, a misdemeanor, § ")97g. Bull, permitting to run at large, a misdemeanor, § 597g. Certificate of registration, obtaining by fraud a misdemeanor, § o.^7a. Complaint that law relating to is about to be violated, warrant to be issued on, § ;j99a. Contagious or infectious disease, bringing animal with into state, § 402. Corralling over or near waters, a misdemeanor, § 374. Cranes. See Cranes. Cruelty to. See Cruelty to Animals. Dead, putting or allowing to remain in stream, higiiway, etc., a misdemeanor, § .374. Death from mischievous, punishment, § 399. Diseased, failure to keep from other animals a misdemeanor, § 402d. Diseased, failure to keep from other animals, punishment of, §402d. Diseases, act to prevent spread of contagious and infectious dis- eases amongst, § 402d, Legislation. Dogs are personal property, § 491. Dogs, larceny of, value, how ascertained, § 491. Drugs, giving to, act to prevent. Appendix, tit. "Auimals." Elk. See Elk. False pedigree, giving, a misdemeanor, § .537a. False registration of, a misdemeanor, § 537a. Fish. See Fish; Game Laws. Game laws. See Game Laws. Glanders or farcy, animal having to be killed, § 402b. Glanders or farcv, failure to kill animal having, a misdemeanor, § 402b. Glanders or farcy or infectious diseases, bringing animals into state affected with, a misdemeanor, § 402. Glanders, sale or exposure of animal infected, a misdemeanor, §402. Grand lareenA', stealing of, is, § 487. Gulls. See Gulls. Homing pigeon. See' Homing Pigeons. Impounded, failure to feed, a misdemeanor, § .597e. Impounded, right to enter and feed and charge to owner, § 597e. Incinerating, a misdemeanor, § 374. Injury to animal obtained at livery-stable, a misdemeanor, § 537b. Jacks, duties of owners who let to jennies, § 597g. Judges of the plains, acts relating to continued in force, § 23. .Judgment, supreme court may set aside, affirm or modify judgment or order appealed from, § 1260. Killing, a misdemeanor, § 597. Killing animal while hunting on inclosed land of another, a mis- demeanor, § 384c. Letting certain male animals run at large, punishment of, § 597g. Letting stallion or jack tO' mare or jenny in city, punishment of, 597g. Maiming or torturing, a misdemeanor, § 597. Maliciously killing, wounding, or maiming, a misdemeanor, § 597. Marks and brands, act concerning in Siskiyou County, continued in force, § 23. INDEX. 863 ANIMALS. (Contiuued.) Marks or brands on, altering, pnnisKment of, §§ 357, 3571/^. Meaning of words "animal," "torture," "torment," "cruelty," "owner" and "person," § 599b. Neglected or disabled, powers and duties of officers of humane society, § 597f. Offal from, putting or allowing to remain in street, stream, etc., a misdemeanor, § 374. Oyster-beds, act concerning continued in force, § 23. Oysters, act concerning continued in force, § 23. Ovsters, trespassing upon property where planted a misdemeanor, § 602. Poisoning, a misdemeanor, § 596. Poisoning, act to prevent. Appendix, tit. "Animals." Pollution of waters by live-stock, punishment of, § 374. Predatory, what are, § Go7y>. See Game Laws. Railroads, leading, driving or feeding, along, a misdemeanor, § 369e. Earn, permitting to run at large, a misdemeanor, § 597g. Registration, fraud in, a misdemeanor, § 537a. Rodeos, acts relating to continued in force, § 23. Stallions, duties of owners of, who let to mares, § 597g. Stallions, permitting to run at large, a misdemeanor, § 597g. State veterinarian, act creating. Appendix, tit. "Animals." Stock-raisers in Fresno, Tulare, Monterey and Mariposa counties, act for protection of, continued in force, § 23. Tam])eriug with, act to prevent. Appendix, tit. "Animals." Transportation of, carrier paying for care and feed of, has lien on, § 369b. Transportation of, duty to unload, feed and water, § 369b. Unfit and old, duty to" kill, § 599e. Unfit and old, refusal to kill after notice, a misdemeanor, § 599e. Unfit and old, refusal to kill, duty of humane officer, § 599e. Vicious animal, punishment of onwer where death caused by, § 399. Wild. See Game Laws. ANNULMENT. Marriage, of, advertising to procure, a misdemeanor, § 159a. ANSWER. See Plea; Pleading. Arraignment, to, § 990. Impeachment, in, §§ 743, 744. Refusal to, plea of not guilty entered, § 1024. ANTELOPE. See Game Laws. ANTWERP MESSENGER. See Homing Pigeons. APOTHECARY. See Druggists. APPEAL. See Exceptions; New Trial. Affirmance, judgment to be executed on, § 1263. Affirming judgment appealed from, § 1260. Announcement of, clerk, failure of to enter does not affect valid- ity of, § 1241. Announcement of, clerk to enter, § 1241. Announcement of in open court, appeal is taken by making, §§ 1239, 1240. Announcement of, time of making, §§ 1239, 1240. 8(J-4 INDEX. APPEAL. (Continued.) A |)poaraiicc, lU'loiulant "JU't'd not porsuually apjioar in bupri;nic coiirl, § ]23'). Ap[)eaian('e, judgment may bo aflirmed without but can be re- versed only after argument, § 12.53. Appellant, who is, § ]2'M]. Argument, judgment mav be aliirmcd but not reversed without, § 125:}. ■ Aigument, number of counsel to be heard, § Il'.jI. Argument on. Sg 1252-] 254. Kail upon, §§1272, 1273, 1291, 1292. Bill of exceptions. See Excei)tions. Briefs on, [)rinting of not recjuired and cannot be ordered, § 12t7c'. Certificate of probable cause for, elfect of, §§ 1243-1245. Clerk's duties on, § 124(5. Counsel, number of, § 1254. Custod}', proceedings on certificate of })robable cause, when de- fendant in, § 1244. Defendant, effect of ajjpeal by. § 1243. Defendant, how taken by, § 1239. Defendant niay, in what cases, § 1237. Defendant may not appeal from order carrying unexecuted sen- tence of death into effect, § 1227. Dismissal, five days' notice, § 1248. Dismissed for want of return, § 1249. Dismissed how, and for what irregularitv, § 124S. Effect in general, §§1242-1245. Effect of, by defendant, § 1243. Effect of, by people, § 1242. Either party may appeal on cjuestions of law alone, § 1235. Entry of judgment on, § 1264. Errors, immaterial, in general, §§ 9G0, 1258, 1404. Errors not affecting substantial rights disregarded, § 1258. Errors not prejudicial, disregarded, §§ 960, 1258, 1404. Errors, technical, disregarded, § 1258. Exception, what questions ma}' be reviewed although no excep- tion taken, § 1259. Exceptions. See Exceptions. Grounds for, §§ 1237, 1238. Hearing and determining, time for, § 1252. How taken by people, § 1240. How taken from decree removing one from office, § 770. How taken from judgment by defendant, § 1239. How taken frem order made after judgment, § 1239. Instructions, giving, refusing or modifying may be reviewed although no objection made, § 1259. Instructions, how presented for review, § 1176. Instructions need not be embodied in bill of exceptions, § 1176. Instructions with indorsements of judge on become part of rec- ord on appeal, §§ 1127. 1176. Instructions, written, need not be excepted to, §1176.- .Tudgment, affirmance, original judgment to be executed on, § 1263. .Tudgment, certified cony remitted to clerk of lower court, § 1261. Judgment on, remedial powers of supreme court, § 1260. -Tudgment on, to be entered. § 1264. .Tudgment, entry and remitting of, § 1264. .Tudgment, errors not affectinfj: substantial rights as immaterial, disregarded, §§960, 1258, 1404. Jurisdiction ceases after judgment remitted, § 1265. INDEX'. 865 APPEAL. (Continued.) Law, either party may appeal on questions of, § 1235. Law, questions of may be reviewed without exception having been taken, § 1259. Lies when, by defendant, § 1237. Lies when, by people, § 1238. Modifying judgment appealed from, § 1200. New trial, may order, § 1260. New trial, where to be had, § 12G1. Oflfieer, appealing from removal, office to be filled pending appeal, §770. Officer, from proceedings to remove, how taken, § 770. Officer suspended pending appeal from removal, § 770. Order after judgment, from, § 1238. Order carrving into effect unexecuted death sentence, not appeal able, § 1227. Papers, clerk, duty of in preparation, delivery, and transmission of, § 1246. , Papers, time of sending copies of to appellate court, § 1246. Papers, tvpewritten copies of what to be sent to appellate court, § 1246. Papers used on, clerk to give typewritten copies of to defendant and district attorney without charge, § 1246. Papers used on, clerk to have typewritten copies of made without charge, § 1246. Papers, what used on ajipeal, § 1246. Parties, how designated on appeal, § 1236. Parties on, are appellant and respondent, § 1236. Peo'ple, effect of appeal by, § 1242. People, how taken by, § 1240. People may, in what cases, § 1238. Powers of appellate court on, § 1260. Presence of defendant not necessary in appellate court, § 1255. Printing of briefs or record on not required and cannot bo or- dered, § 1247e. Priority of hearing on appeal from removal of officer, § 770. Proceedings subsequent to and dependent upon judgment or order appealed from may be modified, affirmed or reversed, § 1260. Record on, appellant nmy present application to court for tran- scription of reporter's notes, § 1247. Eecord on, application for transcription of reporter's notes, lime to' file, § 1247. Record on, application for transcription of reporter's notes, effect of failure to file in time, § 1247. Record on, application for transcription of reporter's notes, what to state, § 1247. Record on, how prepared, §§ 1247-1247e. Record on, order to reporter to transcribe notes may include what testimony, § 1247. Record on, order to reporter to transcribe notes, time to make, § 1247. Record on, order to transcribe testimony, proceedings on failure of court to make within two days, § 1247. Record on, printing of cannot be ordered, § 1247e. Record on, printing of not required, § 1247e. Record on, transcription of notes, argument not objected to, to be excluded from, § 1247. Pen. Code — 55 8G6 INDEX. APPEAL. (Continued.) liocord on, transcription of notes, ck-rk to deliver copies to de- fendant and district attorney, § 1247a. Kecord on, transcription of notes, clerk to deliver original to court, § 1247a. Record on transcription of notes, copy to be sent to attorney-gen- eral, § 1247a. Record on, transcription of notes, corrections of and certification of, § 1247a. Record on, transcription of notes, further transcription may be ordered b\' apjiel^ate court, when, § 124 7c. Record on, traiiscrii)tion of notes, further transcription, proceed- ings when appellate court orders, § 1247c. Record on, transcription of notes, number of copies to be filed, § 1247. Record on, transcription of notes, objection, if none, court to so certify and return to clerk, § 1247a. Record on, transcription of notes, objections .to, time to file and proceedings on, § 1247a. Record on, transcription of notes, original and copies to be certi- fied bj' reporter, § 1247. Record on, transcription of notes, proceedings where not obtained because of illness or death of reporter, § 1247b. Record on, transcription of notes, time to file, § 1247. Record on, transcription of notes, time to prepare, appellate court may extend on affidavit, § 1247d. RecorH on, transcription of notes, time to prepare cannot be ex- tended beyond sixty days, § 1247d. Record on, transcription of notes, time to prepare cannot be ex- tended by trial court, § 1247d. Record on, transcription of notes to be filed with clerk, § 1247a. Record on, transcription of notes to be sent to appellate court after correctness certified to, § 1247a. Record on appeal, transcription of testimonv, proceedings in rela- tion to, § 1247. Remedial jiowers of supreme court, § 12ti0. Remitting judgment, jurisdiction ceases after, § 1265. Remitting judgment on, §§ 1264, 1265. Respondent, who is, § 1236. Return, dismissal for want of, § 1249. Reversal, may order, § 1260. Reversal without ordering new trial, discharge of defendant on, § 1262. Reversal without ordering new trial, exoneration of bail or return of money on, § 1262. Reviewed, what may be, § 1259, Right of, § 1235. Stay, effect of appeal by people as, § 1242. Stay of proceedings on appeal by defendant, §§ 1243-1245. Superior court, to, either party may take, § 1466. Superior court, to, grounds of, § 1466. Superior court, to, how taken, heard, and determined, § 1467. Superior court, to, new trial in what court tried, § 1469. Superior court, to, proceedings if dismissed or judgment affirmed, § 1470. Superior court, to, statement on, § 146S. Superior court, to, time of taking, § 1467. Superior court, to, when allowed, § 1466. INDEX. 867 APPEAL. (Continued.) Taken, how, §§ 770, 1239, 12-10. Technical errors to be disregarded, § 1258. Time for hearing and determining, § 1252. Time of making announcement from judgment, § 12.39. Time of making announcement of by people, § 1240. Time of making announcement of from order, § 1239. Title of action not changed on, § 1236. Transcription of shorthand reporter's notes. See ante, Kecord, this title. When lies, §§ 1237,1238. Who maj^ take, § 123.5. APPEAEANCE. Accusation, failure to appear, proceedings on, § 761. Accusation, of defendant to answer, § 761. Appeal, judgment may be affirmed but not reversed without ap- pearance, § 1253. Appeal, of defendant not necessary on, § 1255. Arraignment, defendant if in custody and appearance necessary, to be brought in, § 978. Arraignment of defendant, for, § 977. Bail, of defendant admitted to, commitment on, § 1129. Bail. See Bail. Commitment of witness refusing to give security for, § 881. Corporation, failure of to appear, proceedings on, §§ 1396, 1427. Corporations, of, §§ 1396, 1427. Impeachment, proceedings on failure to appear, § 742. Trial, compelling appearance on, § 1043. Trial of defendant, on, § 1043. Verdict, of defendant when jury renders, § 1148. Witness, of, expense of, § 1329. Witness, of, preventing, a misdemeanor, § 136. Witness, undertaking to appear, forfeiture for nou-appearancee, § 1332. APPOINTMENT. Buying or selling, penalty for, § 73, note. Buying, to office, a misdemeanor, § J3. By public officer for reward, punishment of, § 74. Receiving reward for, punishment of, § 74. APPRAISER. Accepting fee or compensation not allowed, a misdemeanor, § 653 1^. APPRENTICE. Aiding to run away, or harboring, a misdemeanor, § 646. Eight hours, requiring to work over, a misdemeanor, § 651. Unlawful apprenticeship, a misdemeanor, § 272. AQUEDUCTS. Destroying or injuring, a misdemeanor, § 607. ARBITRATOR. Bribe, arbitrator asking, receiving, or agreeing to receive, punish- ment of, § 93. Bribery of, punishment of, § 92. Influence, improper attempts to, punishment of, § 95. Intimidation of, punishment of, § 95. 808 INDEX. ARBITRATOR, (('(nitiiiuod.) Makiii;;- pruiiiisi' or ayii'diiciit to ^i\ a decision, jjuiiisimi.i.i ,i( §9(3. Miscoudiitt of, imnishincnt of, § iiG. Keeeiviiig bribe, jninislimeiit of, § 93. Keceiviiig cominunieation oiiliride of proceediiiK, iiiini.sliiiient of, § !H). ARGUMENT. Di'iiiurrer, on^ time for hoariu<;, § lOOG. Oil appeal. ISee Appeals. On trial. See Trial. ARMS. lienevoleiit or social organizations, nienilx'rs of, niuN- wear sworfls, § 734. Kiglit to parade with, § 734. Soiling to Indians, provision as to repealed, § 398. State, having or selling, a niisdenieanor, § 442. ARMY AND NAVY. Unlawfully wearing badge of (ii'and Arm\', imnishnient of. A])- pendix, tit. "Grand Ami}'." Wearing uniform of United States Army, when a misdemeanor, § 4421,^. ARRAIGNMENT. Allowance of time to defendant on, to answer information or in- dictment, § 990. Answer to, what proceedings may be taken by defendant in, §990. Bail iu another county, proceedings on giving, § 9S4. Bail, increasing, § 985. Bench-warrant, by whom and how issued, § 980. Bench-warrant, directions in, when offense bailable, S 982. Bench-w^arrant, directions in, when offense not bailable, § 982. Bench-warrant, form of, §§ 981, 982. Bench-warrant, how served, § 983. Bench-warrant, service in another countj', § 983. Bench-warrant to issue to defendant out on bail failing to appear, §979. Bench-warrant, when defendant ordered into custody, § 986. Bench-warrant. See Bench-warrant. Commitment, ordering where bail increased, § 986. Consists in what, § 988. Copy of evidence before grand jurv to be served on defendant, '§988. Counsel, appointment of, § 987. Counsel, informing of right to, § 987. Court, before what, § 976. Custody, ordering into, §§ 985, 986. Defendant mav move to set aside, demur or plead to indictment, § 990. Demur allowing defendant time to, on, § 990. Felony, defendant must be personally present, § 977. How made, § 988. If in custody and appearance necessary, to be brought in, § 978. If indictment found, copy of evidence to be served on defendant. §988. Judgment, of defendant for, and proceedings on, § 1200. INDEX. S69 ARRAIGNMENT. (Continued.) Made bow, § 988. Misdeineauor, defeudaiit may api'ear by c-ouusel, § 977. Misdemeauor, defeudant need not be personally preseut, § 977. Name, proceedings wiion defendant not indicted by true, § 9S9. Place of, § 97G. Pleading to indictment or information, § 99U. Time of, § 97(3. Where to be had, § 97G. Who to make, § 988. ARREST, aee Bail. Appearance, failure to make, arrest, § 979. Assistance, may be summoned by person making, § 839. Attorney may visit defendant, § 825. Attorney, refusing to allow to visit defeudant, punishment and liability for, § 825. Authority, arrest without lawful, a misdemeauor, § 14G. Bail, after release on, §§ 1310-1317. Bail may arrest defendant for purpose of surrender, § 1301. Bail. See Bail. Bench-warrant, arrest under and proceedings on, § 1199. Bench-warrant. See Bench-warrant. Breaking doors and windows to make, §§ 841, 815. Breaking w-iudow and doors to liberate one's self after enveriug to make, § 845. Breaking windows and doors to liberate one assisting in making, §845. Breaking windows and doors to retake, § 855. Civil process, support of prisoner arrested on, § 1612. Conspiracy to indict, punishment of, § 182. Conspiracy to, punishment of, § 182. Coroner to order, when and hoW', §§ 1517-1519. Corporations, summons to issue, on offense by, § 1427. Corporations, summons to, served how, § 1427. County, offense committed in another county, proceedings, § 827. Day or night, when may be made in, § 840. Dead bodj', of, a misdemeanor, § 295. Defendant at trial, of, § 1129. Defendant to be taken before what magistrate, §§ 821, 822, 827, 828. Defined, § 834. Delay, defendant to be taken before magistrate without, §§ 825, 847, 849. Delay in taking arrested person before magistrate, a misdemeanor, §145. Deposition on examination of prosecutor and witnesses, § 811. Depositions and w-arrants to be delivered to magistrate hearing, §§ 826, 827, 828, 829. Directions in writ, officer to follow, § 848. Discharge of defendant arrested on warrant from wrong county, §1116. Doors and windows, person making arrest may break in freeing himself, § 845. Doors or windows, right to break in arresting rescued or escaped prisoner, § 855. Doors and windows, right to break in making, § 844. Duty of officer arresting with warrant, generally, § S4S. Escape, rearrest of one making, § 854. 870 INDEX. ARREST. (('oiitiiUK'(L) l^xaniiiijitioii oi' prosecutor iiiid witin-ssos ii|ioii iiifoi Million of otl't'iKse, § Sll. K.xtrailitioii, S§ 1548-1555. I'^alsc, a niisdcnioaiior. § l-Mi. Koloin', tiiiu! wliou iiiav he iiiadc, § S4u. Force", what may be used, §§ 843, 844. Fuf>itive from justice, warrant of arrest may i.s.sue for, S l.">49. l'\i^itive. fSee E.xtradilion ; Fugitives from .Justice. Fugitives from this state, of, e-xpenses of making, payuieut 'of, § 1557. Grounds for, §§ 836, 837. Habeas corpus, instead of, §§ 1497-1499. Habeas corpus, on disobedience to, § 1479. Homicide in making, justifiable, § 196. How made, §§ 834, 835, S4 1, 842. Indorsement on warrant for ser\"ice out ( f count v, wli;it necessary before, § 820. Information to be laid Lefore magistrate, when arrest without warrant, § 849. Informing defendant of cause of arrest and authority, § 841. Inhumanity to prisoners, punislunent of, § 147. .Tudgment, arrest of defendant out on bail, § 1199. .Judgment, of . See Arrest of Judgment; .Judgment. Justice's court, warrant from, issues when, § 1427. I^idnaping. See Kidnaping. Magistrate, inability to act, taking before nearest magistrate, § 824. Magistrate, may orally order, when, § 838. Magistrate, private person arresting to take defendant before without delay, § 847. Magistrate, taking before, §§ 821, 822, 824, 827, 828, 829. Magistrate, taking before another than the one issuing the war- rant, proceedings on. §§ 826, 827. Magistrate, taking before nearest, §§ 825, 827, 828. Ma'gistrate, taking before, without delay, §§ 145, 825, 847, 849. Magistrates, who are, § 808. Misdemeanor, for, when can be made at night, § 840. Misdemeanor, to be made in daytime, generally, § 840. Money and property, taking from prisoner, §§ 1412, 1413. Night, when and when may not be made at, § 840. Offense triable in another county, proceedings on, § 827. Out of county, generally, §§ 819, 820. Out of county, indorsement on warrant, §§ 819, 820. Out of county, of defendant for misdemeanor, proceedings on, §§ 822-824. Out of county, proceedings on taking bail, § 823. Peace-oflfieer may make, §§ 834, 836. Peace-officers, who are, § 817. Peace, of person threatening a breach of, § 703. Posse comitatus, refusing to join, punishment of, § 150. Posse comitatus, supervisors authorized to pay expenses of. Ap- pendix, tit. "Supervisors." Private person arresting, duty of, §§ 847, 849. Private person- may make, § 834. Private person may make in what cases, § 837. Proceedings where defendant taken before magistrate other tlian the one issuing the writ, §§ 826, 827. INDEX. 871 ARREST. (Continueu.) Process, without, a misdemeanor, when, § 146. Receipt for money or property taken from person arrested, § 1412. Receiving a reward for arrest of fugitive, a misdemeanor, § 114. Eecommitment after bail, §§ 1310-1317. Refusal of officer to make, })unishment of, § 142. Refusal of officer to receive person charged with crime, punish- ment, § 142. Refusing to aid officer in, punishment of, § 150. Rescued, rearrest of one, § 854. Restraint, amount of allowable, § 835. Rioters, of, § 727. Search of defendant, § 1542. Summoning persons to assist in making, right of, § 839. Telegraph, service of warrant by, proceedings on, §§ 850, 851. Telegraph, service of warrant bj^, who may order, §§ 850, 851. Time when maj^ be made, § 840. Verbal order of magistrate, by, § 838. Warrant, bench-warrant. See Bench-warrant. Warrant, certifying taking of bail on, § 823. Warrant, depositions what to contain, § 812. Warrant, duty of officer arresting with, § 848. Warrant, executed how in another county, § 819. Warrant, form of, §§ 814, 1427. Warrant indorsed for service in another county, liability of magis- trate, § 820. Warrant, indorsement for service in another county, certificate necessary, § 820. Warrant, indorsement of comraitmeut on, § 863. Warrant, issuance by coroner. See Coroner. Warrant, justice, by, form of, § 1427. Warrant, justice of the peace may issue, § 1427. Warrant, justice when to issue, § 1427. Warrant must be shown, when, § 842. Warrant must issue when, § 813. Warrant, name or description of defendant, § 815. Warrant, need not issue for offense by corporation, § 1427. Warrant, officer may arrest persons causing animals to fight, with out, § 597d. Warrant, person arrested without, taking before magistrate with- out delay, § 849. Warrant, police judge may issue, § 1427. Warrant, proceedings for offense triable in another countv, §§ 827, .828. Warrant, return of to clerk, § 883. Warrant, service of by telegraph, proceedings on, §§ 850, 851. Warrant, service by telegraph, who may order, § 850. Warrant, statement of offense, § 815. Warrant to be directed to and executed bv peace-officer, § 816. Warrant to be directed to what officers, §'§ 816, 818, 819. Warrant to be shown if required, § 842. Warrant, when to issue, § 1427. Warrant, who may issue, § 1427. Warrant, without, duty of person making, §§ 847,849. Warrant, without, officer may make when, § 836. Warrant, wdthout, taking defendant before magistrate, §§ 847, 849. Warrant of. See Warrant of Arrest. Weapons may be taken from arrested person, § 846. 872 INDEX. ARREST. (Coutiniied.) W eai'oius taUeu to lii' dclixcicil to iiiaj^iHtiatc, 5 S K). Wlio may maUe, § S.'U. Wiudows and doors, [icr.soii i)iakiiio]iii:g lioiise of, a misdemeanor, § 316. ASSIGNEE. Ill trust, wlioii guilty of omln'z/.lL'iueiit, § GOG. ASSIGNMENT. By cU'litor to defraud, puiiislniuMit of, § M-1. ASSISTANCE, WRIT OF. l\c'tuniiiiloyee overdrawing account, a misde- meanor, § 561. BANKER. Wiieii guilty of embezzlement, § 500. BANKRUPTCY. See Insolvency. BAR. See Former Jeopardy. Compromise is, § 1378. Demurrer, allowance of as a bar, § § 1008. Discharge of defendant that he may be witness is a bar, §1101. Dismissal is in misdemeanor but not in felony, § 1387. Indictment or information, orJer setting aside is not, § 999. Indictment or information, dismissal of, as, § 1008. BARBER. Keeping open on Sunday or holiday after 12, a misdemeanor, §3101/0. "Working as, on Sunday or holiday after 12, a misdemeanor, § 3101/0. BARRACUDA, See Game Laws. BARRATRY. Common, defined, § 158. Common, how punished, § 158. Common, proof of, § 159. BASS. See Game Laws. BASTARDS. See Legitimacy. BATH-HOUSE. Keeping open on Sunday a misdemeanor, § 310i/^. BATTERY. Defined, § 242. Jurisdiction of justice's court over, § 1425. Punishment of, § 243. BAWDY-HOUSE. See Prostitution. BAY. Obstructing, a nuisance, § 370. BEACON. Removal of or injury to, 1 misdemeanor, § 609. Mooring vessel to, a misdemeanor, § 614. Protection of buoys and beacons, § 609. Appendix, tit. "Buoys and Beacons." BEAVER. See Game Laws. INDEX. 881 BEGGAR. Children, begging by, pieveution iunl puuishiiieiit of, § 27;'>cl. Children, using as, § 272. Is vagrant, § 647. BELL. Engineer crossing higliway without ringing, § 390. BENCH-WARRANT. After conviction, form of, § 1197. Appear for judgment, failure to, may issue, § 1195. Appear, may issue if defendant does not, § 979. Arrest under and duty on, § 1199. Bail. See Bail. By whom, when, and how issued, §§ 980, 1196. Defendant to be arrested and brought before court, or committed, § 1199. Directions in, as to amount of bail, § 982. Directions in, where offense bailable, § 982. Duty of sheriff where offense not bailable, § 982. Form of, §§981,982,1197. How served, generally, §§ 936, 983, 1198. How served in another county, §§ 983, 1198. How served out of county, §§ 983, 1198. indorsement by magistrate not necessarj^ where served in another county, §§ 983, 1198. Indorsement on where defendant not admitted to bail, § 982. Issuance on failure to appear at arraignment, § 979. Issuance on failure to appear at judgment, §§ 1196, 1197. Issuance where defendant not present on increase of bail. § 986. Issuance where defendant on arraignment ordered into custody, § 986. Issued, may be, to one or more counties, §§ 980, 1196. Judgment, bench-w^arrant to defendant out on bail, §§ 1195-1198. Officer serving, to take defendant before magistrate to give bail, if required, § 1284. To whom issued, § 1197. Under indictment or information, form of, §§981,982. BENEFIT SOCIETIES. Members of may wear swords, § 734. "Wearing badge of, a misdemeanor, § 543 1^. BETTING. See Gambling. Elections, on, a misdemeanor, § 60. BIAS. Challenge for, §§ 1073-1076. Of officer summoning jury, challenge to jury, § 1064. BICYCLE. Temporarily taking without consent, a misdemeanor, § 499b. Temporarily taking without consent, punishment § 499b. BIGAMY. Defined, § 281. Evidence of marriage, what sufficient, § 1106. Evidence when second marriage took place out of state, § 1106. Husband and wafe. competency of as witnesses. § 1322. .Jurisdiction of, § 785. Pen. Code — 56 882 INDEX. BIGAMY. (Contiiineil.) .M;irri;iiio of ppvsoii wlioso s|ioiisc absent, when is not. § L'S2. •MjirriaHc wlieic furnu'i- iii!trjiaj;c dissolved vr annulled, is not. § L'Sl!. Marrying spouse of another, imnishnuMit of, § 2.S4. Punishment, § 283. Who not Kiiilty, § 2S2. BIG TREE GROVE. Act for protectiou of. Anpeiulix, tit. "Growing Trees." BILL. Sec Legislature. Altering draft of, in legislature, a felony, § 83. Altering enrolled copy of, a felony, § 84. Making or uttering fictitious, punishment of, § 470. Making to circulate as money, what offense, § 64S. Presenting fraudulent to public officer, a felony, § 72. BILLS OF LADING. Destro^'iug, a. misdemeanor, § 355. Duplicate, failure to mark duplicate, punishment of, § 580. Erroneous, issued in good faith, § 579. False, punishment for making, § 541. Fictitious, issuing, punishment of, §§ 577, 578. Fraudulent issue, §§ 577-580. BILL-POSTING. On property of another, or on public property, a misdemeanor, § 602. BIRDS. See Animals; Game Law. Complaint that law as to is being violated, warrant to issue on, § 599a. Cranes. See Cranes. Homing pigeons. See Homing Pigeons. Injuring or destroying nest or eggs in cemetery, a misdemeanor, § 598. Killing or injuring in cemetery, a misdemeanor, § 598. Particular bird. See particular subject. BIRTH. Fraudulent pretenses as to, to secure property, punishment of, § 156. BLACK BASS. See Game Laws. BLACKLISTING. See Employer; Master and Servant. BLACKMAILING. A misdemeanor, § 257. BLACK SEA-BRANT. See Game Laws. BLASTING. Loggers, right to use explosives or fires, § 384. Permit to blast wood a defense when, § 384. Permit to blast wood, rules and regulations in, § 384. Permit to blast wood, state or district warden may issue, § 384. Wood, blasting in dry season, a misdemeanor, § 384. BLINDS. See Game Laws. INDEX. SS3 BLUE CRANES. Capture aud destiiii-t ion of in-cNonLcd, § .jIMI. See Game Laws; Cranes. BliUE-JAYS. .\re predatory birds, § 637^/;. BOARDING-HOUSE. See Innkeeper. Defrauding, a misdemeanor, § 537. BOARD OF DIRECTORS. Of state prison, §§ 1.573-1576. BOARD OF EXAMINERS. Expense of extradition of fugitive, § 1557. Members violating laws, guilty of felony, § 441. BOARD OF HEALTH. See Public Health. BOARD OF SUPERVISORS. See Supervisors. Bribing, punishment of, § 165. Eeceiving bribe, punishment of, § 165. BOARDS, PUBLIC. Bribing, punishment of, § 165. BOAT. Word "vessel" includes, § 7. BODY, DEAD. See Cemetery. BOILER, STEAM. Mismanagement of, punishment of, §§ 348, 349, 368. BOLINAS BAY. Act to prevent destruction of fish in, continued in force, § 23. BOND. See Bail; Undertaking. Clerk of state prison, of, § 1580. De facto officer not giving, effect of, § 65. Employees and officers of prison, of, deposited with secretarv of state, § 1594. For support of wife or child, § 270b. Officer acting without having given, a misdemeanor, § 65. State bonds acts for issuing of, continued in force, § 23. Warden of state prison, of, § 1577. BOOKMAKING. Engaging in prohibited, § 337a. Violation of law against a misdemeanor, § 337a. What acts constitute within prohibition of statute, § 337a. BOOKS. Attorney-general or controller, officer refusing inspection by of books, papers, etc., a misdemeanor, § 44U. Fraud in keeping accounts of corporation or joint-stock company, punishment of, § 563. Inspection of corporation's, refusal, of, a misdemeanor, § 565. Mutilation of, by public officer, punishment of, § 76. Obscene, §§ 311-314. Of record, making false entries in or alteration of, is forgerv, §471. Refusal to deliver to successor in office, punishment of, § 76. 884 INDEX. BOOKS. (Cuiitimicd.) ytoaliiiy, luutiliit iiij;, ilc^t mviiij; ov lalsityiiiy li\' olliccr, jiiniisli- nient of, § 1 \'.'>. Stealing, imit ilatiii. BOUNDARY. Uf counties, jiuisdietiun of erinie on, § 782. Jurisdiction of oti'euse coiuniitteil witliiii fi\e liundred yards of boundary of county, § 782. BRAKEMAN. Violation of duty, a misdemeanor, § 393. BRAKES. (Jompliance with orders of supervisors sufficient, § 3Gi)a. Duty of railroad companies to use, § 3(j9a. BRAND. See Mark. Altering or defacing, punishment of, §§ 357, 357^^. Punishment for putting on animals^ § 357. Statute respecting, not affected by code, § 23. BRANT. See Game Laws. BREACH OF PEACE. See Peace. Contempt by, § 166. Evidence of, § 713. Jurisdiction of justice's court, § 1425. Kefusing to aid in preventing, punishment of, § 150. Security to Iveep peace, §§ 701-714. See Peace. BRIBERY. Arbitrator asking, receiving or agreeiiig to receive bribe, punish- ment of, § 93. Arbitrator, of, § 92. Boards, public, punishment of, § 165. Candidate for United States senatorship advancing money for election, a felony, § 63. Candidate for United States senatorsliip, receiving mone}- from, a felony, § 63^/^. Common council, of, punishment of, § 165. Convention, members of, punishment for, § 57. Corporation, trustees of, bribery of, punishment of, § 165. Defined, § 7. Elections, at, punishment of, §§ 54, 54a, 54b. Elections, bribery at, what acts constitute, §§ 54, 54a, 54b. Elections, bribery at. Sea Elections. Executive officer asking or receiving, punishment of, § 68. Executive officers, of, punishment of, § 67. Judges, punishment of, § 92. Judicial officer asking, receiving or agreeing to receive bribe, punishment of, § 93. Judicial officers, of, § 92. Juror asking, receiving or agreeing to receive bribe, punish- ment of, § 93. Jurors, of, punishment of, § 92. Legislator, asking for or agreeing to receive bribe, punishment of, §86. Legislator, obtaining money to influence vote of, a felony, § 89. INDEX. 885 BRIBERY, (Cojitinued.) Legislator, receiving bribe by, punishment of, § 86. Legislature, candidate for, receiving money from candidate for United States senatorship, a felony, §§ (53, 6'3M>. Legislature, giving or offering bribe to members of, punishment of, § 85. Meaning of "bribe," § 7. Members of nominating body, bribery of, § o7. Nominating convention, receiving bribe by member, punishment of, § 57. Office, for appointment to, a misdemeanor, § 73. Punishment of, § 92. Referee asking, receiving or agreeing to receive bribe, jiuaishment of. § 93. Referees, of, punishment of, § 92. Supervisors, punishment of, § 165. Telegraph agent, punishment of, § 641. Telephone agent, punishment of, § 641. Trustees, punishment of, § 165. Umpire asking, receiving or agreeing to receive bribe, punishment of, § 93. Umpire, of, punishment of, § 92. Witness, of, a felony, § 137. Witness receiving bribe for al^sentiug himself, guilty of felony, §138. Witness receiving or offering to receive, guilty of felony, § 138. BRIDGE. Burning bridge over fifty dollars in value, punishment, § 600. Driving or riding over faster than a walk a misdeameanor, § 59Gb. Injury to, malicious, punishment of, §§ 588, 607. Maintaining without authority, a misdemeanor, § 386. Railroad, injury to, punishment of, § 587. Toll, crossing without paying, punishment of, § 389. Toll, fast riding or driving on, a misdemeanor, § 388. BROKER. False statement to principal, punishment of, § 536. Embezzlement, when guilty of, § 506, Statement of sales, duty to make on demand, § 536a. Statement of sales, punishment for failure to make, § 536a, Statement of sales, what sufficient, § 536a. BUILDING. Burning, punishment for, § 600. Defined, § 448. Inhabited, defined, § 449. Letting for lottery purposes, a misdemeanor, § 326. Maliciously destroying or injuring by gunpowder, punishment of, §601. Ownership of, in case of arson, § 452. Permitting gambling in, punishment of, § 331. Scaffolding, destroying or removing notice of unsafety, a mis- demeanor, § 402c. Scaffolding, obstruction of officer in inspection of, a misdemeanor, . §402c. Scaffolding, unsafe, erection of n misdemeanor, § 402c. What deemed to be, § 466. 88G JNDEX. BULLS. !Soe Aiiinials. BUOY. Mooring vessel to, :i misdemeanor, § 014. I'roteetion of buoys and beacons, § GU9n. Appendix, tit. "Buoys and Beacons." Kcrnoval of, or injury to, a misdemeanor, § 61)9. BURDEN OF PROOF. Shifting, in homicide, § UO.j. BURGLARIOUS INSTRUMENT. (luilt y possi'ssion of, a misdemeanor, § 4(56. BURGLARY. Burglar as vagrant, § 647. Burglarious tools, guilty possession of, a misdemeanor, § 466. Building, what deemed to be, §§ 459, 466. Conspiracy to commit, overt act necessary, § 184. Defined, § 459. Degrees of, § 460. First degree what constitutes, § 460. Judisdiction where property taken in one county and brought in- to another, § 786. Keys or instruments for opening building, making or altering, a misdemeanor, § 466. Murder in committing, degree of, § 189. iS'ight-time, meaning of, § 46^. Punishment of § 461. Second degree what constitutes, § 460. Wliat acts constitute, § 459. BURIAL. See Cemetery. BURNING. See Arson; Fire. Defined, §451. BUTTER. Dairv products, using inaccurate or false tests a misdemeanor, § 381a. Fraud in sale of, a misdemeanor when, §§ 3Sla, 383. Oleomargarine. See Oleomargarine. Process butter, sale of without label, a misdemeanor, § 383a. Eenovated butter, sale of without label, a misdemeanor, § 383a. Short-weight rolls of butter, act to prevent sale of. Appendix, tit. "Butter." CALENDAR. Clerk to prepare, § 1047. Form of, § 1047. Order of cases on, § 1047. Order of disposing of issues on, § 1048. CALIFORNIA STATE BOARD OF PHARMACY. Inspectors of as ))eace officers, § 817. CALIFORNIA WHITING. See- Game Laws. INDEX. SS7 CAMPERS. Leaving fire bnrniug, ;i misdemeanor, § 384. CAMP-FIRES. Notice not to build, 384. Eight to build on uuinclosed laud, § 384. When may be built, § 384. CAMP-MEETING. Sale of articles at or within one mile of, punishment of, §§ 304, 305. Sale of liquor at, or within one mile of, punishment of, §§ 304, 305. CANALS. Malicious injury to, punishment of, §§ 592, 607. Screen before inlets of, provision relating to, § 629. Taking water from, or obstructing, a misdemeanor, § 592. CANDIDATE. See Elections. . ' Bribery by, punishment of, § 55. Bribery by, what acts constitute, § 54b. Bribery of members of nominating convention, punishment of, § 57. Circulating or printing circulars injurious to, punishment of, §§ 62a, 62b. Communicating unlawful offer in behalf of to voter, a misde- meanor, § 56. For legislature receiving money from candidate for United States senator, guilty of felony, § 63 Vi;. For United States senate advancing money for election of legisla- tors, guilty of felony, § 63. Furnishing money or entertainment for election purposes, a mis- demeanor, § 54. Offering to procure office for elector, a misdemeanor, § 55. Pledge by, punishment of, §§ 5.ja, 56. CANDY. Adulterated, keeping or selling of, a misdemeanor, § 402a. Adulterating, a misdemeanor, ^ 402a. CAPITOL, Intoxicating liquors, selling or giving away of within or on grounds of, punishment of, § 172. CAPPER. For attorney is a vagrant, § 647. CAPTAIN. Mismanaging steamboat, punishment of, §§ 348, 368. Of vessel importing convict, guiltj^ of misdemeanor, § 173. Willfully destroying vessel, punishment of, § 539. CARCASS. Putting in streams, highways, etc., punishment of, § 374. CARGO. Destruction of, by officer, punishment of. § 539. CARICATURE. Offense of j'ublishing, where tried, provision repealed, § 25S. Publishing foibiddeii, provisio)) repealed. § 25S. 888 INDEX. CARICATURE. (Contimiod.) I'liblisliinj^ of, j)iinisluiient of, [irovision repealed, § 2.j!S. Who liable for publication, provision repealed, § 2.18. CARRIER OF GOODS. See Kaiiroad. Animals, transportation of, duty to unload, feed and water, § 369b. Bill of lading, destro3'ing, a misdemeanor, § S");!. Bill of lading, etc., fraudulent issue, punishment of, §§ 577, 578. Bill of lading, false, punisiiment of, §041. Bill of lading or receipt, duplicate, punishment for not marking duplicate, § oSO. Bill of lading or receipt, erroneous, issued in good faith, § 579. Bill of lading or receipt, fictitious, punishment for issuing, §§ 577, 578. Bill of lading. See Bill of lading. Defacing marks on wrecked property-, a misdemeanor, § 355. Embezzlement, when guilty of, § 5(!5. False manifest, invoice, ship's register, or protest, punishment for making, § 541. Fish, regulations governing trans]K)rtati()n and punishment for violation, § 632a. Game, shipment of, to be labeled, when, § 627b. Game, transportation of, regulations governing and punishment for violating, § ()27b. Game, transporting out of state without permit a misdemeanor, § 627a. Hvpothecating property received for transportation, punishment of, §581. Pled'ge of property received for transportation, punishment, §§ 581-583. Police, appointment of, to serve on railroads, steamships, etc. Ap- pendix,tit. "Police." Selling property received for transportation, punishment of, §§ 581, 583. CARRIERS OF PASSENGERS. Brakes and fenders, failure to use a misdemeanor when, § 369a. Brakes or fenders, compliance with orders of supervisors sufficient, §369a. Larceny of tickets, §§ 493, 494. Passenger, refusing to receive, a misdemeanor, § 365. Police, appointment to serve on railroads, steamships, etc. Ap- pendix, tit. "Police." Refusal to sell passage tickets for foreign country, punishment of. Appendix, tit. "Emigration." Ticket, pass, etc., for fare, forging, altering, etc., punishment, §481. Tickets, larceny of, §§ 493, 494. Tickets, pass, etc., restoring with intent to defraud, punishment, §482. Tickets, value of, §§ 493, 494. CARTOON. Publishing libelous, punishment of, provision repealed, § 258. CASK. Refilling, bearing trade-marks, a misdemeanor, § 354. Stamping weight falsely, a misdemeanor, § 554. CATALINA ISLAND. See Santa Catalina Island. INDEX. SS9 CATFISH. See Game Laws. CATS. Riugtai], arc predatory animals. § 637 V-j. Wild, are predatory animals, § (i37VL'- CATTLE. See Animals. Branding or altering brands of, punishment of, §§ 357, 3.57^^. Transportation of, carrier paying expenses of care and feed has a lien, § 369b. Transportation of, duty to unload, feed and water, § 369b. CAUCUS. See Bribery; Elections. CAUSTIC CHEMICALS. Assault with, punishment of, § 2-14. CEMETERY. x\rresting dead body, a misdemeanor, § 295. Attaching dead body, a misdemeanor, § 295. Bird's nest, or eggs, injuring in, is misdemeanor, § 598. Bodies, disinterment of, a felony, § 290. Bodies, exhumation and removal of, regulation of. Appendix tit. "Public Health." Bodies, mutilation or removal of, a felony, §§ 290, 291. Bodies, removal for reinterment not a felony, § 290. Bodies, removal of part of for dissection or sale, punishment of, §291. Bodies, removal of part of from malice or wantonness, punishment of, § 291. Body, who entitled to custody of, § 294. Burial or cremation, issuing permit illegally, punishment of, § 377. Burial or cremation, without permit, punishment of, § 376. Burial, punishment for neglecting duty of, § 293. Burial, who are charged with duty of, § 292. Dissection, removal of body for, punishment of, § 291. Injuring shrubbery, fences, etc., a misdemeanor, § 296. Interments must be in organized or established cemetery, § 297. Interments, unlawful, a misdemeanor, § 297. Killing or injuring birds in, a misdemeanor, § 598. Monument, defacing, a misdemeanor, § 296. San Francisco, interments unlawful in, a misdemeanor, § 297. Tomb, defacing, a misdemeanor, § 296. Unlawful interment, a misdemeanor, § 297. CEMETERY CORPORATIONS. Borrowing funds of in violation of statute, punishment of, § 573. Corporation of which director or officer is a stockholder not to borrow funds of, § 573. Officer or director not to become obligor for moneys borrowed from, § 573. Officer or director not to borrow funds of, § 573. CERTAINTY. Indictment or information, §§ 952, 959. CERTIFICATE. False, by public officer, a misdemeanor, § 167. Fire department, officers of making false, guilty of misdemeanor, § 649. Making of, when complete, within perjury statute, § 124. 890 INDEX. CERTIFICATE. (Coiitiiniod.) Of oilicer, to l:il.so Jury list, ;i felony, § 117. or oxoinptiiin, onit-cr ol' fire department issuing false, § ()49. Oi' ma irist rates on depositions, § 1394. Of prol)al)i(^ cause, on appeal, §§ 124.3-124.J. CHALLENGE. Sec ,luiy; (iran.l .lury. CHALLENGE TO FIGHT. See Duel; Prize fight. J)istiirbing peace, § 41.5. CHAMPERTY, a misdemeanor, § 161, CHANGE OF VENUE. See Venue. CHARGE. See Instructions. CHARITABLE CORPORATION. Committing,' infant delinquents to, § 1388. Custody of infant may be committed to, when, § 273d. CHATTEL. Personal property includes, § 7. CHATTEL MORTGAGE. Fraud in transferring encumbered personalty, larceny, § 538. Further encumbrance or sale, larceny when, § 538. Removal of property without consent, larceny of, § 538. Removal, sale or further encumbrance, punishment of, § 538. Transferring or disposing of property without consent, larceny. §537. CHEAT. See False Personation; False Pretense; Fraud. Conspiracy to, punishment of, § 182. False statement by broker, agent, factor, etc., punishment of, § 536. False statements in advertisements. See Advertisements. False weights and measures, §§ 552-555. Indictment or information, for conspiracy to cheat or defraud of money, bank notes, etc., § 967. Married person selling or mortgaging land under false representa- tions, guilty of felony, § 534. Mock auction, punishment for, § 535. Selling land twice, punishment of, § 533. CHECK. Drawing with knowledge one has not sufficient funds or credit. punishment of, § 476a. Forgery of, § 470. Making or uttering fictitious, punishment of, § 476. Making, to circulate as money, a felony, § 648. CHEESE. Fraud in sale of, punishment of, § 3Sla. CHEMICALS. Caustic, assault with, punishmnt of, § 241. Caustic, assault with, what constitutes, § 244 CHIEF JUSTICE. Liable to impeachment, § 737. INDEX. 891 CHILD. See Infants; Parent and Child. Abandonment of, § 271. Abduction of, for prostitution, § 267. Apprenticing or selling children for exhibitions, as mendicants or for immoral purposes, § 272 et seq. Begging by, pre\'eution and punishment of, § 27.3d. False pretenses as to birth of, § loH. Habitual intoxication in presence of, a misdemeanor, § 273g. Hiring of, for public exhibitions, a misdemeanor, § 272. Immoral place, not to be sent to, § 273f. Immoral practices in presence of, a misdemeanor, § 273g. Incapable of committing crime, when, § 26. Intoxicating liquors, selling or giving to, § 397b. Juvenile court. See Juvenile Court. Lascivious conduct with, punishment of, § 2SS. Maliciously, forcibly or fraudulently taking or enticing away, punishment of, § 278. Necessaries, omitting to provide with, a misdemeanor, § 270. Permitting use of, lor mendicancy, a misdemeanor, § 272. Prostitution, admitting or keejiing in house of, a misdemeanor, §309. Prostitution, parent or guardian permitting or conniving at being in house of, guilty of misdemeanor, § 309. Saloon or place where liquor sold, not to be sent to, § 273. Stealing of, jurisdiction of, § 7S4. Stealing of, punishment of, § 278. Substituting one for another, punishment of, § 157. Tobacco, selling or furnishing to child under sixteen, a misde- meanor, § 307. CHILD-STEALING. See Child. CHIISTESE. Bringing into the' state, punishment of, §§ 174, 175. Corporations not to employ, §§ 178, 179. Employment of, a misdemeanor, § 179. Fishing, prohibited from. Appendix, tit. "Fish." Houses of ill-fame of, acts for suppression of, continued in force, § 23. Importation of Chinese women for immoral purposes, punishment of, § 266c. Importing, separate penalty for each person imported, § 175. Separate offense for each one landed, § 175. CHLOROFOEM. See Drugs. CHOSE IN ACTION. See Evidence of Debt. Undelivered evidence of debt is subject of embezzlement, § 510. CITIZENSHIP. Restoration to, when prisoner discharged, § 1593. CITY. See Municipal Corporations. Acts consolidating cities and counties, continued in force, § 23. Discharging firearms in unincorporated city or town, a misde- meanor, § 415. Racing on streets or highways of unincorporated city, a misde- meanor, § 415. CITY AND COUNTY. Acts consolidating cities and counties continued in force. § 23. County includes, § 7. 892 INDEX. ' CIVIL DEATH. Afknowldogmeiit, convict may inako, § 07o. (,;oiivc\yaiK'i's, iirisoner may make, § 61'). (/Ouvict, of, §§ G74, G75. Life impi'isonmont, of ouc s<'nt<'ii{'C(l to, §()71. Witness, prisoner as, § ()75. CIVIL REMEDIES. For criniiual acts, preserved, § 9. CIVIL RIGHTS. See Liberty. Convicts, civil rights of are suspended, § 673. See Convicts. CLAIM. Presenting fraudulent to public oflicer, a felony, § 72. CLAMS. See Game Laws. CLERK. Appeal, duties on, §1246. Calendar, to prepare, § 1047. Disclosing finding of indictment or information, a misdemeanor, § 168. Duty in regard tO' money, etc., taken from prisoner, § 14i;>. Duty of, on appeal taken, § 1246. Embezzlement, when guilty of, §§ 504, 508. Failure to pay over fines and forfeitures a misdemeanor, § 427. Of state prison, duty of, § 1578. Subpoenas, authority and dutj' as to issuing, § 1.326. To prepare calendar, § 1047. To record what, with judgment, § 1207. COAL. False weight, giving, a misdemeanor, § 555. Misrepresentation in sale or exchange of a misdemeanor, § 556. COAL-TAR. Discharging into waters, a misdemeanor, § ol^^jt- COAST SURVEY. See United States Coast Survey. COCAINE. See Drugs; Narcotics. COCKLES. See Game Laws. CODEFENDANTS. As witnesses, § 1099. Must unite in challenges, § 1056. CODES, Acts punishable by different provisions of, § 654. Authority of courts-martial preserved, § 11. Cited hoW, § 24. Civil remedies preserved, § 9. Common-law rule that penal statutes strictly construed has no application, § 4. Construction of particular words, § 7. Construed liberally, § 4. Contempt, power to punish for not affected by code, § 11. Continuation of existing law, § 5. Designated how, § 24. Divisions of § 1. INDJi-A . S93 CODES. (Continued.) Dut}^ imposed upon courts by, § 12. Effect of, on past offenses, § 6. Extraterritorial force of, § 27. No offense punishable except as prescribed in, § 6. Offense committed bofore code, how prosecuted and punished, § 6. Provisions similar to existing statutes, how construed, § 5. Eemedy of forfeiture of office or impeachment of officer preserved although not specified, § 10. Retroactive, not, § 3. Section, meaning of, § 7. Sections declaring crimes punishable, duty of court, § 12. Statutes continuing in force, enumeration of, § 23. Takes effect when, § 2. Title of, § 1. Words in, construction of, § 7. See Words and Phrases. CODICIL. Will includes, § 7. COHABITATION. See Adultery. COIN. See Counterfeiting. Counterfeiting, § 477. See Counterfeiting. Gold, coin, value to be estimated in, in determining offense, § 67S. Possession or waiving counterfeit, punishment of, § 479. COLLECTORS. Embezzlement, when guilty of, § -jOG. COLLISIONS. See Automobiles; Motorcycles. Negligent death from, punishment, § 369. COLLUSION. Attorney, by, a misdemeanor, § 160. Supeiintendent of state printing by, a misdemeanor, § 100. COMMANDER-IN-CHIEF. Calling troops into service to suppress riot, dutj- and liaoi'itv, § 731. COMMISSION FOR EXAMINATION OF WITNESSES. See Deposi tion. Application, affidavit for, what to state, § 1352. Application, notice of, § 1353. Application, to be made on affidavit, § 1352. Application, to whom made, § 1353. Commissioner, duties of in execution of, § 1357. Commissioner, how executes commission, § 1357. Commissioner, proceedings before and duties of, § 1357. Copies to be furnished on payment of fees, § 1361. Defendant has right to take depositions when, § 1349. Defendant mav apply for order to examine, when, § 1350. Defined, § 135L Deposition, reading in evidence and objections to, § 1362. Directions as to return of, §§ 1356, 1357. Duties of commissioner, § 1357. How executed, § 1357. How returned, §§ 1358, 1359. How returned when agent to whom delivered dead or ill, § 1359. How returned when delivered to agent, § 1358. S'J4 INDEX. COMMISSION FOR EXAMINATION OF WITNESSES. (Coii- tiilliod.) IFow, vvlu'i!, iuid where filed, §1360. Iiispoctioii, c'oimnission and return are open to, § i;'.(Jl. Interrogatories and cross-interrogatories, preparation and ser- viee, § 1300. Interrogatories and cross-interrogatories, presentment and allow- ance, § 135o. Order for, when granted, § 1354. Stay O'f proceedings pending return, § 1304. Subscription by coniinissioner, § 1357. To be open for inspection, S 1361. Witness out of state may be examined on, when, § 1340. COMMISSION MERCHANT. See Factor. COMMITMENT. Defective, habeas corpus proceedings on. See Habeas Corpus. Defendant under bail appearing at trial, commitment of, § 1129. Delivering defendant into custody on, § 87(3. Form of. §§ 863, 872, 877. Fugitives from justice, of, §§ 1.550, 1551. How made, §§863, 872, 876. Information, to be filed within what time after, § 809. Insane defendant, of, to asylum, § 1370. May be to peace-officer if sheriff not present, § 863. Order for bail on, § 875. Order for where offense bailable, § 875. Order for where offense not bailable', form of, § 873. Postponement of preliminar}- examination, commitment for ex- amination on, § 862. Preston School of Industry. Appendix, tit. "School of Industry." Preston School of Industry, commitment to. Appendix, tit. "School of Industry." Eecommitmcnt. See Recommitment. Recommitment after arrest of judgment, § 1 188. To whom delivered, § 876. To whom made in absence of peace-officer, § 863. To whom made where offense r.ot bailable, § 873. Verdict of guilty, commitment of defendant on, § 1166. When defendant on bail appears for trial, § 1129. When made, § 872. Where jury discharged for want of jurisdiction of offense com- mitted in state, § 1115. Whittier State School, commitment to. Appendix, tit. "School of Reform." Witness refusing to give security, of, § 881. COMMITTEE. Influencing member not. to attend meeting, punishment of, § 85. COMMON BARRATRY. Defined, § 158. Punishment of, § 158. What proof required, § 159. COMMON CARRIER. See Carrier of Goods; Carrier of Passengers. INDEX. 5i)5 COMMON COUNCIL. Bribery of, punishment of, § 165. COMMON LAW. Eule of strict construction not applicable, § -I. COMMUNICATION. Unauthorized, with convict, a misdemeanor, § 171. COMMUTATION. By governor, in general, §§ 1417-1422. Governor may grant in what cases, § 1417. Governor may not grant in what cases, §§ 1417, 141S. Governor to communicate facts of to legislature, § 1419. Impeachment, cannot be granted, § 1417. Pardon. See Pardon. Prisoner may earn, §§ 1590, 1591. Eeprieve. See Eeprieve. Treason, power of governor as to, §§ 1417, 141S. Treason, power of legislature as to, § 1418. Where prisoner twice convicted of felony, § 1418. COMPLAINANT. Special proceeding, in, who is, § 1562. COMPLAINT. See Information; Accusation. Before magistrate, of threatened offense, § 701. Crueltv to animals, in case of, issuance of warrant, § 599a. Defined, § 806. Deposition of prosecutor and witnesses on, § Sll. Examination of prosecutor and his witnesses on, § 811. Form of and what to state, § 1426. Justice's or police court, jiroceedings in commenced by, § 1426. Misdemeanor, complaint to be filed within a year, § 1426a. Oath to, § 1426. Proceedings on filing of, before magistrate, § Sll. Violation of law as to animals or birds, warrant to issue on, § 59Ua. COMPOUNDING. Crime, punishment for, § 153. COMPROMISE. Actions that may be compromised, § 1377. Court, by permission of, § 1378. Court, by permission of, order what to state, § 137S. Court may permit when, § 1378. Felony cannot be compromised, § 1379. Order thereon bar to another prosecution, § 1378. Power of injured person to make, §§ 1377, 1379. Proceedings on compromise by permission of court, § 1378. Public offense how only can be compromised, § 1379. CONCEALMENT. Of crime, liability for, § 32. Of person charged with crime, liability for, § 32. Of property by debtor, punishment of, § 154. Of property by defendant, punishment of, § 155. CONCEPTION. See Abortion. CONCUBINAGE. Enticing or taking away woman for, jurisdiction, § 784. Ua. CONDUCTOR. Of liaiii, iiituxicatioii uf, a iiiisdiMiiOMiitjr, § iU' I Violation of duty, a niisdemeanor, § '.'>[)'.'>. CONFLICT OF LAWS. Oll'i'iise (•(iiniiiittcil out of state, §§ 27, Goo, 778. CONSANGUINITY. .luror's, (liscjualilios, § 1U71. CONSENT. Age of, ill case of rape, § 'JGJ. CONSIGNEE. False statement by, iiuiiisluiieut of, § 536. Statement of sales, liuty to make, § o.'Uia. Statement of sales, punishment for failure to make, § ooGi Statement of sales, what suflScient, § o36a. CONSOLIDATION. Indii'tnu'iits or informations, court may consolidate when, § 9o-J. CONSPIRACY. Accomplice defined, § 1111. Arrest, to, punisiiment of, § 182. Cheat, to, punishment of, § 182. Defined, § 182. Defraud, to, punishment of, § 182. Disguise, wearing of, forbidden, § 185. Enumeration of acts constituting, §§ 182, 183. Evidence to prove, § 1104. Felony, to commit, overt act, when necessary, § 184. Indict, to, punishment of, § 182. ' Indictment or information, allegations in, § 1104. Indictment, or information, alleging overt act, § 1104. Meaning of, limited in disputes between employer and employee. Appendix, tit. "Conspiracy." Overt act, allegation of, in indictment or information, § 1104. Overt act, evidence of, when necessary, § 1104. Overt act, not alleged, evidence of admissible, § 1104. Overt act, when necessary, § 184. Punishment, § 182. Telegraph or telephone message, respecting, punishment of, § 474. To cheat or defraud of money, bank notes, etc., indictment or in- formation for, § 967. To commit act injurious to public health or morals, punishment of, § 182. To commit any crime against president, vice-president, any gov- ernor, federal judges or executive secretaries. Appendix, tit. "Conspiracy." What not punishable, §§ 183, 184. CONSTABLE. Gambling, duty and liability in respect to, § 335. Failure to pay over fines or forfeitures, a niisdemeanor, § 427. Peace-officer, sheriff is, § 817. Purchasing judgment, when a misdemeanor, § 97. Suffering a prisoner to escape, § 108. Refusal to receive or arrest person charged with crime, punish- ment of, § 142. Warrant of arrest may be directed to, §§ SIS, 819. INDEX. 897 CONSTRUCTION. Code coutiuuatiou of existing law, § o. Code, effect of, on past offenses, § (j. Code liberally construed, § i. Code provisions similar to existing laws, how construed, § 5. Common-law rule that penal statutes strictly construed has no a[i- plication, § 4. Definitions. See Definitions. Phrases, in general, § 7. Technical words, § 7. Words and phrases. See Words and Phrases. Words, in general, § 7. Words, of particular, § 7. Words used in indictment or information, § 957. CONTAGIOUS DISEASE. See Public Health. Animal with, bringing into state, a misdemeanor, § 402. Animal with, failiug to keep from other animals a misdemeanor, § 402d. Exposiug one's self or another with contagious or infectious disease, a misdemeanor, § 394. Exposiug, selling or using infected animal, a misdemeanor, § 402. Maintaining hospital for persons with, a misdemeanor, § 373. CONTEMPT. Affidavit as to punishment to be imposed on prisoner, § Itili. Breach of peace, § 166. Code preserves power to punish, § 11. Criminal, enumeration of acts constituting, § 166. Grand jury acting after allowance of challenge, § 900. Grand juror acting after challenge, § 90O. Misdemeanor, criminal contempt is, § 166. Mitigafion of punishment, where one has been punished for a contempt, § 658. Not less punishable as a crime because punishable as a contempt, § 657. Process, disobedience to, § 166. Publication of inaccurate proceedings of court, § IW. Punishment for as mitigation on sentence, § 658. Punishment of where act a crime, § 657. Eeferee, before, § 166. Eefusal of witness to be sworn or to testify, § 1331. Resisting execution of process, § 724. Subpoena, disobeyng, § 1331. Testimony as to punishment to be imposed on prisoner, § 166. AVitness, by, § 166. CONTINUANCE. See Adjournment. Coroner's inquest, adjournment of, § 1511b. Discharge from custody, on defendant's own recognizance, on, § 1383. In justice's or police court, right to, § 1433. Judgment in police or justice's court, postponement of, bail for appearance, § 1449. Ordered, when and how, § 1052. Preliminary examination, length of, § 861. Preliminary examination, of, commitment for examination or dis- charge on bail in case of, § 862. Pen. Code— 57 898 INDEX. CONTRA COSTA COUNTY. Aft to prevent destruction of ciocr on Mt. Diablo. ,\pponriix, tit. "Game Laws." CONTRACT. Ullirer illc';;;iily interested in, puniKlinient of, § 71. CONTROLLER. Inipeaelinient, liable to, § 737. OlHcer refusing inspection of books, pajjers, etc., ])y, a mij-de- nieauor, § 440. A'^iolating laws relating to l)oard of examiners, a felony, § 441. CONVENTION. See Elections. CONVERSION. Keeeiving property under false character for purpose of, punish- ment of, § 530. CONVEYANCE. Convict may make, § 675. Forgery of, § 470. Fraudulent, punishment of, §§ 154, 531. Married person, by, under false representations, punishment of, §534. Twice selling land, punishment of, § 533. CONVICT. See Prisoner. Acknowledgment, may make, § 675. Assault with deadly weapon by, punishment, § 246. Civil death of one imprisoned for life, § 674. Civil rights of, suspended, § 673. See Civil Death. Commutation of sentence may be earned, § 1588. Conveying property, § 675. Costs of trial of escaped convicts. Appendix, tit. "Costs." Costs of trial of, for crimes committed in prison. Appendix, tit. "Costs." Credits for good behavior, § 1588. Employment of, § 1586. Enciente, proceedings where prisoner is, §§ 1225, 1226. Ex-conviet coming upon or near grounds of prison or reforma- tory, a felony, § 171b. Fine may be imposed on in addition to imprisonment, § 672. Foreign, importing, distinct offense for each individual landed, §175. Forfeitures by, § 677. Importing, punishment of, §§ 173, 175. Importing, separate penalty for each person imported, § 175. Imprisonment for life, discretion as to sentence, § 671. Imprisonment, terra of, when commences, § 670. Infant not to be confined with or placed in custody of adult, § 273b. Insane, compensation of sheriff for transporting to aslyum. § 1587. Insanity, proceedings in case of, §§ 1221, 1224, 1587. Letter, writing or reading matter, taking to or from, a misde- meanor, § 171. Person of, protected, § C?6. Person of, punishment for injury to, § 676. Sale of cgnvict-made goods, a misdemeanor, § 679a, INDEX. 899 CONVICT. (Continued.) Stone-cutting by, forbidden, § 1588. Transportation of, to state prison, § 158G. Unautliorized communication witli, a misdemeanor, § 171. Witness, as, § 675. CONVICTION. Accomplice conviction on testimony of, § 1111. Accomplice, on uncorroborated testimony of accomplice, § 1111. Appeal lies from judgment on, § 1238. Attempt, jury may find defendant guilty of, § 1159. Corporations, of, fine liow collected, § 1397. Felony, of, ground of challenge to juror, § 1072. Fine, imposing upon conviction where no fine prescribed, § G72. Foreign, effect of, § 656. Foreign, for former offense, effect of, § 668. Forfeiture of property not worlved' by, § 677. Former. See Former Jeopardy. Higher offense, effect of, § 1023. How only obtained, § 689. Impeachment, two thirds necessary to conviction on, § 746. Judgment of cannot be entered on informal verdict, § 1162. Judgment of conviction, when only can be entered on, § 1162. Judgment on. See Judgments. i Jury to find on charge of previous, § 1158. Lesser offense, may be for, § 1159. May be had on any offense charged in indictment, § 954. No one to be convicted except after what proceedings, § 689. No person to be punished except on legal, § 681. On uncorroborated testimony of accomplice, § 1111. Prior, how charged in indictment or information, § 969. Prior not more than two to be charged, § 969. Proceedings on general verdict of, §§ 1166, 1445. Proceedings on special verdict of guilty, § 1166. Public officers, of, proceedings on. § 769. Reasonable doubt as to degree convicts only of lowest, § 1097. Reconsideration of verdict in case of. § 1161. Second offense, how punished, §§ 654, 666, 667, 668, 669. Second offense, second term of imprisonment when commences. § 668. Second, punishment in case of former foreign conviction, § 668. Two or more crimes, term of imprisonment commences, when, § 669. Verdict on plea of former, § 1151. Verdict, plea of guilty or judgment necessary before, § 689. CONVICT-MADE GOODS. See Prisoners. Sale of, a misdemeanor, § 679a. Stone-cutting, etc., by prisoners prohibited, § 1588. COONS. Are predatory animals, § 637^/0. COPYRIGHT, Opera, unpublished or uncopyrighted, punishment for perform- ing without consent, § 367a. Opera, unpublished or uncopyrighted, punishment for sale with- out consent, § 367a. Unpublished or uncopyrighted opera, performance without con- sent a misdemeanor, § 367a. !)00 INUKX. COPYRIGHT. (Coutinued.) L'lipublislicd or imcopyrightcd opera, sale of witlioiit coiiseiit, a niisdeineauor, § 3(j7a. CORONER. Assistants ill cities and cities and counties over one iiundred tliousand. Ajjpendix, tit. "Coroners." Burial, punishment for Jailure to perform duty of, § 293. Burial, when charged with duty of, § 292. Chemical and post-mortem examinations. Appendix, tit. "Coro- ners." Chemist, summoning to make analysis, § 1512. Custody of body, when entitled to, § 294. Dead body, entitled to custody of, for inquest, § 294. District attorney has right to be present at inquest, § lo20. Duty, when informed of death, § 15 lU. Exhumed, body to be when, § 1510. Expenses of inquests iu state's prison, payment of. Appendix, tit. "Costs." Filing of inquisition, testimony and recognizances, §§ 1515, 151G. Inquest, adjournment of, § 1511b. Inquest, but one to be held, unless set aside, § 1511a. Inquest, but one to be held where several killed by same cause, § 1511a. Inquest, district attorney has right to be present at, § 1520. Inquest, entitled to custody of dead body for, § 294. Inquest, hearing and deliberation, § 1511b. Inquest, jury to view body before proceeding with, § 1511b. Inquest, second inquest where mistake in identity of body, § 1511a. Inquisition, filing of, § 1515. Jury, challenge to jurors not allowed, § 1510. Jury, exemptions from duty, § 1510. Jury, number of, § 1510. Jury qualifications of jurors, § 1510. Jury, when to be summoned, § 1510. Jury, who not to act as juror, § 1510. Oath of jurors, § 1511. Physician or surgeon may bo summoned, § 1512. Physicians and surgeons, attendance and compensation. Ap- pendix, tit. "Coroners." Physicians to perform autopsies in counties of first class. Ap- pendix, tit. "Coroners." Post-mortem examination, may hold, § 1512. Eeeognizances taken by to be filed, § 1515. Refusing to arrest or remove party charged with crime, punish- ment of, § 142. Stenographer for in cities and counties over one hundred thou- sand. Appendix, tit. "Coroners." Subpoenas, may issue, § 1512. Subpoenas, who may serve. § 1512. Suicide, duty in case of, § 1510. Testimony to be reduced to writing, and filed, §15J5. Testimony, where filed or delivered, §§ 1515, 151C. Verdict to be in writing, § 1514. Verdict, what to contain, § 1514. Warrant, form of, § 1518. Warrant, service of, § 1519. Warrant, when to issue, § 1517. INDEX. 901 COKONER. (Coiitiuuea.) Witness, compelling to attend, § lOli!. Witnesses, binding over to appear before grand jury or magis- trate, § 1514a. Witnesses, binding over, undertaking on, §151 la. Witnesses, compelling attendance ot, § 1513. Witnesses, may subpoena, § 1512. Witnesses, punishment for disobedience of subpoena, § 1513. Witnesses, summoning and examining, § 1512. Witnesses, testimony to be written and filed with county clerk, § 1515. Witnesses, who to be summoned and examined as, § 1512. CORPORATIONS. Accounts, fraud in, punishment of, § 563. Act to protect stockholders and persons dealing with, § 5G4, note. Appearance and answer on indictment or information being filed, §§ 1396, 1427. Appearance, failure to make, proceedings on, §§ 1396, 1427. Appearance, time for, § 1390. Banking. See Bank. Blacklisting by. See Master and Servant. Bribing trustees, punishment of, § 165. Cemetery corporation. See Cemetery Corporations. Charge against, certificate of magistrate as to probable cause and return of deposition, § 1394. Charge against, certificate of sufficient cause against by magis- trate, proceedings on, § 1395. Chinese, corporation employing forfeits charter, § 179. Chinese, employment of by, a misdemeanor, §§ 17S, 179. Copies from books, refusing to permit, a misdemeanor, § 565. Cruelty to animals. See Corporations for Prevention of Cruelty to Children and Animals, Director absent, when presumed to assent to proceedings, § 570. Director at meeting presumed to assent to proceedings, § 569. Director, defined, § 572. Director presumed to have knowledge of affairs, § 56S. Directors, misconduct of a misdemeanor, § 560. Directors, misconduct of, what acts amount to, § 560. Election, coercion of employee at, what amounts to and punish- ment of, § 59. Embezzlement, officer, employee or agent of corporation, when guilty of, §504. Examination of charge against, and proceedings on, § 1393. Examination of charge against, certificate of magistrate and return of deposition, § 1394. Failure to keep books or post notices, a felony, § 564. False reports by officers or agents a felony, § 564. False report of condition, a felony, § 564. False representations as to financial conditions a misdemeanor, § 532a. Fictitious person, signing name of in subscription' to stock, punishment of, § 557. Fine of, how collected, § 1397. Foreign, no defense that corporation is, § 571. Form of summons to, § 1391. Fraud in increasing capital, punishment of, § 558. Fraud in keeping accounts of, punishment of, § 563. Fraud in organizing, punishment of, § 558. 902 INDEX. CORPORATIONS. (Contimu-d.) Fraud 11 lent subscription to stock, a niisdeincanor, § GoT. (Jrand jury to investigate, when, § J39"). Indictment against, appearance and answer in case of, § 1396. Indictment against, plea of not guilty entered if it fails to an- swer, §§ ];!9(3, 1J27. Infant employees not to be sent to questionable resorts, § 1389. Information against, appearance and answer in case of, § 1396. information against, plea of not guiltj' entered if it does not appear, § 1396. Information against, summons to issue on, § 1390. Information, district attorney to file, when, § 1395. Inspection of books, refusal of, a misdemeanor, § 56.3. Intimidation of employees at election, punishment of, § 59. Labor organization, coercing persons not to join, a misdemeanor, §679. Legal duty, failure of officer to obey, a felony, § 564. Magistrate to issue summons on information or presentment against, § 1390. Misdemeanors, what acts of directors are, § 560. Notice required by law, failure of officer to post, a felony, § 564. Offense by, failure to appear, proceedings on, § 1427. Offense by, summons against, service of and proceedings on, § 1427. Offense by, summons to issue, 5 1427. Officer or agent destroying or altering books, papers, securities, etc., punishment of, § 563. Officer or agent falsifying books, punishment of, § 563. Officer or agent receiving property without entry in books, punish- ment of, § 563. Officer or agent receiving property without full equivalent, punish- ment of, § 563. Person includes, §§ 7, 599b. Plea of guilty by may be put in by attorney, § 1018. Presentment against, summons to issue on, § 1390. Prospectus, circular, etc., unauthorized use of names in, a mis- demeanor, § 559. Railway. See Railroad. Reports of condition, false, a felony, § 564. Savings bank, overdrawing deposit by officer a misdemeanor, §561. Seals of, forgery of, § 472. Summons, justice of the peace or police judge may issue on offense by, § 1427. Summons on, service of, time of, §§ 1392, 1427. Summons, service of on, manner of, §§ 1392, 1427. Summons to, appearance and answer to, § 1427. Summons to, form of, §§ 1391, 1427. Summons to, plea of not guilty entered on failure to appear, § 1427. Summons to, to be issued upon information or presentment, § 1390. Warrant of arrest need not issue on offense by, § 1427. . Waters, befouling, a misdemeanor, § 374i^. CORPSE. See Cemetery. CORROBORATION. False pretenses, corroboration when necessary, § 1110. Of accomplice necessary, § 1111. INDEX. 903 COREOBORATION. (Continued.) Of accomplice, sufficiency of, § 1111. Prosecutrix on charge of abortion, of, § llOS. Prosecutrix on charge of seduction, of, § 1108. Prosecutrix on charge of taking awav minor for prostitution of, § 1108. CORRUPTLY. Cleaning of, § 7. COSTS. Escape, of trial for, § 111. Escaped convicts, of trial of. Appendix, tit. "Costs." Expenses of coroners' inquests in state prison. Appendix, tit. "Costs." Justice's court, in, § 1448. Order for prosecutor to pay, § 1447. Posse comitatus, of, supervisors authorized to pay. Appendix, tit. "Costs." Prosecutor, costs against, judgment for and enforcement of, §§ 1447, 1448. Trial of convicts for crimes committed in state prison. Appendix, tit. "Costs. Trial of persons violating fish law. Appendix, tit. "Fish." When prosecutor to pay, § 1448. COUGARS. See Game Laws. Are predatory animals, § 637^/2. COUNSEL. See Attorney. COUNT. Indictments, in. See Indictment. Information, in. See Information. COUNTERFEITING. Acts amounting to, §§ 470, 474. Bills and notes, passing or receiving, punishment of, § 475. Coin, bullion, etc., § 477. Coin, bullion, etc., possession or receiving of, punishment of, § 479 Dies or plates, making or possessing, punishment of, § 480. Dies or plates to be destroyed, § 480. Evidence of, § 1107. Fictitious bills, notes, etc., making, passing, etc., punishment of, §476. In general, § 470. Instruments that are subject of, § 470. Labels. See Labels. Paper money, issuing or circulating, a felony, § 648. Passing counterfeit matter, punishment of, § 470. Possessing or receiving counterfeit coin, bullion, etc., punishment of, § 479. Punishment of, §§ 478-482. Quicksilver stamp or seal, of, a felony, § 366. Quicksilver stamp or seal, using counterfeited, a felony, § 366. Railroad ticket, check, etc., punishment of, § 481. Railroad ticket, check, etc., restoring canceled, punishment of, §482. Seals of, punishment of, § 472. Trade-mark. §§ 350, 353. See Trade-marks. fM)4 INDEX. COUNTERFEITING. (Coutinued.) rtlciiiig couutcil'eit coin, etc. jiiinislinii'iit ol', § 479. Uttcrinjr eouiiterfoit iiiattci', puiiislnni'iit of, S ITU. Wli.'it rii'ls constitnio. §§ 17(). 177. COUNTY. Acts eoiLsolidiil iiig cit'iL's ;iml, ell'cH-t of code on, § 23. Conviction or acquittal in another county, effect of, § 794. Includes city and county, § 7. .Turisdiction of offense committed on lioiiiidaries between counties, § 782. .Turisdiction of offense committed within five hundred yards of boundary of county, § 782. Jurisdiction where offense partly in one county and j)artly in another, § 781. Offense committed on boundary between counties, jurisdiction of, §782. Property feloniously taken in one county and brought into an- other, jurisdiction over offense, § 786. COUNTY CLERK. See Clerk. COUNTY JAIL. See Jail. COUNTY TREASURER. Delivery of unclaimed, stolen, or embczzlad property to, sale by, anci disposition of proceeds, § 1411. Receiving deposits of private moneys, punishment of, § 180. COURT. See Judges; Justice's and Police Court; Police Court; Su- perior court. Absence of jury, adjournment during, § 1142. Absence of jury, deemed open for business until verdict, § 1142. Adjournment of. See ^Adjournment. Admonition to jury not to converse, § 1122. Argument, power to restrict, § 1095. Assault in presence of, security may be required, § 710. Authority of, to which an action is removed, § 1038. Calendar, in general, §§ 1047, 1048. Calendar, order of disposing of cases on, § 1048. Challenges, to try, § 1078. Destroying, stealing, falsifying, mutilating, etc., records of, pun- ishment of, §§ 113, 114. Duty imposed on by code, § 12. Juvenile court. See Juvenile Court. May appoint counsel in absence of district attorney, § 1130. May arrest judgment without motion, § 1186. May make order of dismissal of action, §§ 1382, 1385. Mav order reconsideration of verdict, when, § 1161. COURTS-MARTIAL. Code preserves authority of, § 11. May make summary inquiry for mitigation, etc., § 1203. Must decide cjuestions of law, §§ 1124, 1126. Must give judgment on special verdict, how, § 1155. Power of, to restrict argument, § 1095, Proceedings in case where has no jurisdiction, §§ 1113, 1114, 1115. COYOTES. Are jiredatory animals, § 637% INDEX. 905 CRABS. See Game Laws. 9 Closed season. § 628. Possession, purchase or sale during closed season, § 628. CRANES. Blue, act to prevent capture and destruction of, § 599, note. Injuring or destroying birds or nests a misdemeanor, § 599. Injuring or destroying birds or nests, punishment of, § 599. CRAPPIE. See Game Laws. CRAWFISH. See Game Laws. Closed season, § 628. Possession during closed season, § 628. CREDIT. For good beBavior of prisoners allowed, § 1588. How forfeited, § 1588. Meaning of, § 476a. Prisoners, of. See Prisoners. CREDITORS. See Debtor; Fraud. Attempting to defraud, punishment of, §§ 151, 155. CRIME. See Felony; Misdemeanor. Accident or misfortune, crime committed through, § 26. Act not less punishable because a contempt, § 657. Aiding and abetting out of state crime committed in state, § 27. Classified, as felonies or misdemeanors, § 16. Committed out of state, when punishable within state, § 27. Compounding, punishment, § 153. Conflict of laws, § 27. Defined, § 15. Degree of, jury to find, § 1157. Degree of defendant on value, in what currency estimated, § 678. Degree of. See Degree of Crime. Duress, crime committed by married woman under, § 26. Felonies. See Felonv. Felony, defined, § 17. Felony or misdemeanor, offense when is according to punishment inflicted, § 17. How prosecuted, § 682. Idiots cannot commit, § 20. Ignorance of fact as affecting liability, § 26. Infant's liability for, § 26. Insane persons cannot commit, § 26. » Intent, how manifested, § 21. Intent to defraud, what sufficient, § S. Intent, want of, § 26. Intoxication may be considered in determining intent, § 22. Intoxication no excuse for crime, § 22. Is felony or misdemeanor, § 16. Jurisdiction. See Jurisdiction. Jurisdiction, committed in railroad train, § 783. Jurisdiction, crime committed out of state when i)unishable here, §27. .lurisdiction of, commenced out of and comi)leted in the state, §778. Jurisdiction of, committed in the state, § 777. Jurisdiction of, committed on boundary line, § 782. 90(i INDEX. fCRIME. (Coiitiiniod.) .Im-isiliction of, committed on vessel, § 783. .lurisdiction of, committed partly in two counties, § 781. .Tury to find degree of, § ll."}?. Lawful resistance by other persons, right of, § f)94. Lawful resistance by party injured, right of, § GO."?. Lawful resistance to commission of, who ma}- make, § G92. Lunatics cannot commit, § 26. Married woman committing under coercion, § 26. Menace, crime committed under, § 26. Misdemeanor, defined, § 17. Misdemeanor or felony, offense when is according to punishment inflicted, § 17. Misdemeanor. See Misdemeanors. Misfortune or accident, crime committed through, § 26. Mistake of fact as affecting liability, § 26. Negligence, criminal, as, § 20. No act or omission is except as prescribed by code, § 6. No person punishable except on conviction, § 68L Officer refusing to arrest for, punishment of, § 142. Out of state, when punishable here, § 27. Particular crime. See particular title. Parties to, classification of, § 30. Persons liable to punishment, § 27. Prevention of, by officers, manner of, § 697. Prevention of, persons aiding officers in, when justified, § 698. Prosecuted, how, § 682. Public officer convicted of, forfeits office, §§ 88, 98. Punishable under foreign law, may be punishable in this state, § 655. Punishment, in general, §§ 12, 13, 18, 19. Punishment when no penalty prescribed, § 177. Eefusal to aid in preventing, punishment of, § 150. Resistance to. See Resistance; Self-defense. Restraint allowed of persons charged with, § 688. Threatening to accuse person of, extortion, § 519. Threats, crime committed under, § 26. Unconsciously committing, liability for, § 26. Unity of act and intent in commission of, or criminal negligence necessary, § 20. When degree of depends on value, what currency to be estimated, §678. Who capable of committing, § 26. Who liable for punishment, § 27. CRIME AGAINST NATURE. See Cunnilingus; Fellatio; Sodomy. Any penetration sufficient to complete, § 287. Assault to commit, punishment of, § 220. Punishment of, § 286. CRIMINAL ACTION. See Action. CRIMINAL CONTEMPT. See Contempt. Enumeration of acts constituting, § 16p. CRIMINAL LAW. See Crime; Criminal Practice. Conviction. See Conviction. Indictment. See Indictment. Information. See Information. INDEX. 907 CRIMINAL LAW. (Continued.) Particular crime. See particular title. Prisoners. See Prisoner. Prisons. See Prisons. Whittier State School. See Whittier State School. CRIMINAL NEGLIGENCE. See Negligence. CRIMINAL PLEADING. See Indictment; Information. CRIMINAL PRACTICE. See subject in question. Accomplice conviction on testimony of, § 1111. Appeal. See Appeal. Appearance. See Appearance. Arraignment. See Arraignment. Counsel, right of defendant to, § 686. Defendants in criminal actions, rights of, § 686. Evidence. See Evidence. Grand jurors. See Grand Jury. Husband and wife, competency of as witnesses in criminal ac- tions, § 1322. Indictment. See Indictment. Information. See Information. .Tudge, substituted, powers of, § 105.3. Judge, substitution of on death or illness of judge or inability to proceed, § 1053. Judgment, inquirj' into history, antecedents, environment, etc., of defendant, § 1203, subd. S. .ludgment, time for pronouncing, generally, § 1191. Judgment, time for pronouncing where defendant's sanity ques- tioned, § 1191. Juvenile court. See .luvenile Court. Probation. See Probationary Treatment; Juvenile Court. Sentence. See Sentence. Trial, speedy, defendant has right to, § 686. Trial. See Trial. What offenses prosecuted by indictment or information, § 682. Witnesses, right of defendant to be confronted with, § 686. Witness, testimony of at former trial, when may be read, § 686. Witnesses, testimony of taken at preliminary examination, when may be read, § 686. CROAKER, SPOT FIRE. See Game Laws. CROP. Malicious injurj^ to, a misdemeanor, § 604. CROSS-EXAMINATION. Of defendant appearing as a witness, § 1328. CROSSING. Omitting to give warning at, a misdemeanor, § 390. CRUELTY. Animals, to. See Cruelty to Animals. Children, to. See Parent and Child. Children, to, apprenticing or selling for illegal or immoral jiur- poses, a misdemeanor, § 272. Children, to, fines collected paid to societies Tor prevention of, when, § 273c. 9U8 INUKX. CRUELTY. (Coutiniu'd.) Ijiinatic'S, to, a niisik'nu'iiiior. J? -Hi 1 . I'risuner, by ollicer, luiiiislmu'iit ul', S N7. CRUELTY TO ANIMALS. AbaiuloiiL'd animal, right to kill, § 5971". Abaiulont'd animals, duty aud riglits of humane ollicer, § .IDT 1. Abandonment of animal a misdemeanor, § ')i)lf. Abuse of animal hired from livery-stable keeper, a misdemeanor. § 537b. Abusing or failure lo provide for, a misdemeanor, § 597. Act for prevention of. Appendix, tit. "Animals." Act to prevent, §§ 597, note, 597a, note. Act to prevent continued in force, § 2.3. Carrying animals in cruel manner, seizing and caring for vehicle and contents, § 597a. Carrving animal in vehi(dc in cruel mannei', a misdemeanor, § 597a. Complaint, warrant to be issueaws. DOUBT. Keasonable, as to degree, convicts only of lowest, § 1097. Reasonable, defendant entitled to acquittal, § 1096. DOVES. See Game Laws. Closed season for, § 626a. Destruction of between certain months, forbidden, § 626a. DRAFT. Drawing on bank with knowledge one has not sufficient funds or credit punishment of, § 476a. DRAINAGE. Pollution of stream by, a misdemeanor, § 374. DRAMAS. See Copyright. DRUGGISTS. See Drugs; Poisons. Fraud or wrong of, punishment of, § 380. Omitting to label, punishment of, § 380. DRUGS. Administering to commit a felony, is a felony, § 222. Administering to procure abortion. See Abortion. Adulterated, "Seemed to be, when, § 383. Adulterated, mislabeled or misbranded, as to prevent manufacture, sale or transportation of. Appendix, tit. "Drugs." Adulterated or tainted, keeping or selling, a misdemeanor, § 383. Adulterated, sale of, punishment of, § 383. Adulterating, punishment of, §§ 382, 383. Adulteration of, act providing against. Appendix, tit. "Adultera- tion." Animals, act to prevent giving of drugs to. Appendix, tit. "Animals." Assault with caustic chemicals, punishment of, § 244. Bringing into prison, jail or reformatory a felony, § 171a. Decayed, sale of, punishment of, § 383. False label, punishment for putting on, § 380. Impure, sale of, punishment of, § 383. Labeling drugs wrongfully, punishment of, § 380. Manufacture, sale, or transportation of adulterated, mislabeled or misbranded, act relating to. Appendix, tit. "Adultera- tion"; "Drugs." Meaning of, § 383. Poison, mingling with medicine or food, § 347. Poisons, act regulating sales of. Appendix, tit. "Poisons." Rape by administering, § 261. State laboratory for, act providing for. Appendix, tit. "Adultera- tion." INDEX. 925 DRUGS. (Contiuued.) Tainted or adulterated, selling or keeping, penalty for, § 383. Tainted, sale of, punishment of, § 382. Traffic in, act regulating. Appendix, tit. "Drugs." DRUNKARD. Act to prevent salj of liquor to. Appendix, tit. "Intoxicating Liquors." Common, is a vagrant, § 647. Sale of liquor to, a misdemeanor, § 397. DRUNKENNESS. See Intoxication. As defense to crime, § 22. DUCKS. See Game Laws. Closed season for, § 626. Possession of during closed season, § 626. DUEL. Defined, § 225. Disfranchised, persons acting as seconds or assisting are, § 228. Disfranchised, persons fighting, are, § 228. Disfranchised, persons sending or accepting challenge are, § 228. Jurisdiction of offense of dueling, §§ 779, 780. Leaving state to evade statute against dueling, jurisdiction, § 780. Leaving state with intent to evade laws against dueling, punish- ment of, § 231. Office, person fighting, disqualified to hold', § 228. Officer not exerting himself to prevent, punishment of, § 230. Officer's duty to prevent. § 230. Out of state, death within, jurisdiction, § 779. Posting for not fighting, a misdemeanor, § 229. Publishing for not fighting, a misdemeanor, § 229. Punishment for fighting, sending or accepting challenge, §§ 226. 227. Punishment, when death ensues, § 226. Eeproaching for not fighting, a misdemeanor, § 229. Witness has no privilege in case of, § 232. Witness, testimony of not to be used against, § 232. DUPLICATE. Receipt or voucher to be so designated, § 580. DURESS. See Extortion. As affecting criminal liability, § 26. Coercion of employee not to become member of labor union, a misdemeanor, § 679. Crime committed by married woman under, § 26. DYNAMITE. See Explosive. Blasting wood with during dry season. See Blasting. E EARTH. Carrying away, a misdemeanor, § 602. EDITOR. Libel, liabilitv for ^ 2?o. 926 INDEX. EEL RIVER. Act to it>j;uliito saliiiou (islieriob in Kel Kivcr coiitiiuicd in force, §2;!. EIGHT-HOUR LAW. See Hours of Labor. roniix-llini;- ward or apprentice to work more than eight iiDurs, a inisdonieanor, § (5.11. EJECTMENT. lieturn to tai^e possession after removal, a misdemeanor. § 419. ELECTION. Separate counts in indictment or information, election between, not required, § 954. ELECTIONS. Abetting or aiding fraudulent voting, punishment, § 47. Accessories to violation of laws of, punishment of, § o2. Adding to or subtracting from votes cast, punishment of, § 51. Aiding and abetting offenses against election laws, punishment of, §52. Ballot-boxes, interfering with, or carrying away, a felony, § 45. Ballots, adding to, punishment of, § 48. Ballots, carrying away or destroying, punishment of, §§ 45, 57a. Ballots, changing, a felony, § 45. Ballots, changing by election officers, punishment of, §§ 48, 57a. Ballots, false printing or circulating, a misdemeanor, § 62. Ballots, fraudulent introduction of, punishment, §§ 45, 48, 57a. Ballot, fraudulently examining by officer, punishment, § 49. Ballots, interfering with, punishment, §§ 45, 57a. Ballots, mixing, § 48. Ballots, officer permitting tampering with, punishment of, § 57a. Ballots, officer tampering with, punishment of, § 57a. Ballots, tampering with a felony, § 45. Ballot, unfolding or marking by inspectors, punishment of, § 49. Betting on, a misdemeanor, § 60. Board of judges, refusal to be sworn by, or answer questions of, punishment of, § 43. Board of registration, refusal to obey summons of, a misdemeanor, § 44. Bribe, receiving by member of nominating convention, punish- ment of, § 57. Bribery at, punishment of, §§ 54, 54a. 54b. Bribery at, what acts punishable, §§ 54a, 55b. Bribery, members of convention, etc., penalty for giving or re- ceiving bribe, § 57. Bribery of members of nominating body, a felony, § 53. Bribery of members of nominating convention, punishment of, §57. Candidate, bribe to member of convention, etc., punishment for giving or receiving, § 57. Candidate', gifts or promises by, punishment, §§ 54, 54b, 55. Candidate, offer or agreement by to procure office for another, a misdemeanor, § 55. Candidate, pledge to convention or nominators, § 55a. Candidate, soliciting vote of, punishment of, §§ 55a. Candidates, bribery by, what constitutes, §§ 54, 54b. Candidates, offenses by, enumerated, §§ 54, 54b. Candidates, offenses by, punishment of, § 54, 54b. Candidates, pledging of, punishment of, §§ 55a, 56, INDEX. 927 ELECTIONS. (Continued.) Caucus, receiving bribe by member of, punishment of, § 57. Caucuses, bribery of members, punishment of, § 57. Circulars, pamphlets, letters, etc., intended to injure candidate, printing or distributing, a misdemeanor, §§ 62a, 62b. Communicating unlawful offer to voter, a misdemeanor, § 56. Convention, bribing members, punisnment of, § 57. Convention, receiving gift in connection with candidacy, punish- ment of, § 54a. Conventions, receiving bribe by member of, punishment of, § 57. Corporation, intimidation of employee by, punishment of, § 59. Corrupting electors, a felony, § 53. Deceiving electors, a felony, § 53. Defrauding electors, a felony, § 53. Disturbing public meetings of electors, a misdemeanor, § 59. Employer coercing or influencing employee, punishment of, § 59. Employer, coercion or influencing of employee, forbidden, § 59. Employer, coercion or restraint by, what acts forbidden, § 59. Entertainment, furnishiug for election purposes a misdemeano". §54. False registration, a felony, § 42. False registration, causing, procuring or allowing, a felony, § 42a. False registration, causing, procuring or allowing, punishment of, §42a. False registration, punishment of, § 42. Forging or altering returns, punishment of, § 50. Furnishing entertainment for electors, a misdemeanor, § 54. Furnishing money for electors, a misdemeanor, § 54. Furnishing property for electors, a misdemeanor, § 54. Initiative. See Initiative. Inspectors, unfolding or marking tickets, punishment of, § 49. Intimidating, defrauding, etc., electors, a felony, § 53. Intimidation of employees by employer, punishment, § 59. Intimidation of voter, punishment of, § 59. Intoxicating liquors, sale of on election day, punishment of, § 63b Legislature, bribery of candidate for, by candidate for United States Senate, a felony. § 65^2- Legislature, bribery of members by candidate for ITnited States Senate, a felony, §§ 63, 63i^. Legislature, candidate or member accepting money from candi- date for United States Senate, a felony, § 63^^. Legislature, evidence of bribery of members by candidate for United States Senate, § 63^2- Letters intended to injure candidate, writing, a misdemeanor. §§ 62a, 62b. Marking ballot by officer, § 49. Meeting of electors, preventing, a misdemeanor, § 58. Money for election purposes, furnishing, a misdemeanor, § 54. Money, furnishing for election purposes, a misdemeanor, § 54. Money or thing of value, receiving or contracting for for vot- ing or not voting, punishment, § 54a. Money or valuable' consideration for voting or not voting, pun- ishment for promising or contributing, § 54b. Nomination, receiving gift in connection with, punishment of. § 54a. Offer to voter, communicating, unlawful, § 56. Office, offering to procure for electors, a misdemeanor, § 53. Officer, acting as by one who cannot read and write English language, i)unishmenr, § 49a. 928 KNl)K.\ ELECTIONS. (Coutiiuied.) Ollicer acting as without appoint iiiciit or (jualilication, punisli- meut, § 4U. Officer, acting as without ajipuintinoiit, or qualification, a felony, §40. Officer atteni]itini; to find uanics on ballots, punishment, § 49. OITiccr changing ballots, iiunishuient of, § 48. Officer changing or destroying poll-lists, j)unishment of, § 4S. Officer changing, sulistitutiiig or introducing ballots, punishment of, § oTa. Officer disclosing nanic of person illegally voted, punishment, §49. Officer disclosing name of voter, punishment of, § 49. Officer, fraudulent acts of, punishment of, §41. Officer, neglect or refusal to act, punishment of, § 41. Officer, one not an officer acting as, guilty of felony, § 40. Officer, one not an officer, acting as, punishment, § 40. Officer, permitting poll-lists or ballots to be tampered with, pun- ishment of, § 57a. Officer, refusing to- act, punishment of, § 49a. Officer, tampering with ballots, punishment of, §§ 49, .57a. Officer, tampering with poll-lists or ballots, punishment of, §§ 40. 57a. Officer unfolding or marking ballots, punishment of, § 49. Officers, bribing, deceiving, defrauding electors, a felony, § 33. Officers, interfering with, a felony, § 45. Officers, violation of election laws by, punisliment, § 41. Pamphlets intending to injure candidate, circulating, a misde- meanor, §§ 62a, 62b. Persons not officers, violating election laws, punishment of, § 61. Pledge of or by candidate, punishment of §§ 55a, 56. Poll-lists, carrying away or destroying, punishment of, §§ 45, 48. Poll-lists, interfering with, a felony, § 45. Poll-lists, officers permitting tampering with, punishment of, § 57a. Poll-lists, officers tampering with, punishment of, § 57a. Poster intended to injure candidate, circulating, a misdemeanor. §§ 02a, 62b. Primary, bribing members of convention, punishment of, § 57. Primary, code sections applicable tO', § 64^/^. Property, furnishing for election purposes, a misdemeanor, § 54. Public meeting, preventing, a misdemeanor, § 58. Punishment for acting as officer by one who cannot read and write English, § 49a. Punishment for adcling to or subtracting from votes cast, § 51. Punishment for agreeing or offering by candidate to procure office for another, § 55. Punishment for bribery at, §§ 54, 54a, 54b. Punishment for bribery of member of convention, § 57. Punishment for causing, procuring or allowing false registration, §42a. Punishment for coercing, influencing or restraining voters, § 59. Punishment for communicating unlawful offer to voter, § 58. Punishment for disclosing name of voter, § 49. Punishment for false registration, § 42. Punishment for forging or counterfeiting returns, § 50. Punishment for fraudulent acts by officers, § 41. Punishment for fraudulent voting, § 40. Punishment for pledge by candidate, § 55a. Punishment for pledging candidate, §§ 55a, 5C. INDEX. 929 ELECTIONS. (Continued.) Puuishiiieut for procuring illegal votiug, § 47. Punishment for receiving bribe^ by member of convention, § .17. Punishment for refusing to act as election otficer, § 49a. Punishment for substituting forged or counterfeited returns, § 50. Punishment for tampering with ballots or poll-lists, § u7a. Punishment for unfolding or marking ballots, § 49. Punishment for violation of election laws by officers, § 41. Punishment for violation of election laws by persons not officers, §61. Punishment of officer changing ballots, § 48. Punishment of officer changing or destroj'ing poll-lists, § 48. Punishment of one acting as officer without appointment or quali- fication, § 40. Punishment where employer coerces or influences employee, § 59. Recall See Eecall. Referendum. See Referendum. Refraining to vote through intimidation, punishment of one caus- ing, § 59. Refusal to be sworn by or to answer board of judges, a misde- meanor, § 43. Refusal to obev summons of board of registration, a misdemeanor, § 44. _ " Registration, false, permitting or procuring another, a felonv, § 42a. Registration, false, permitting or procuring by anotlier, [lunish- ment of, § 42a. Registration, false, punishment of, § 42. Registration, fraudulent, a felony, § 42. Returns, adding to or substracting from, punishment of, § 51. Returns, alteration of, punishment of, § 51. Returns, altering by election officers, punishment of, §§ 45, 48. Returns, detaining, mutilating or destroying, a felony, § 45. Returns, forging, counterfeiting or altering, punishment of. §§ 45, 50. Returns, substituting forged or counterfeited returns, punishment of, § 50. Senator, advancing money by candidate for United States Senate, punishment of, §§ 63, 63^. Summons of board of registration, refusal to obey, a misdemeanor, § 44. Ticket, printing illegal, a misdemeanor, § 62. Tickets, circulating such as do not conform to law, a misdemeanor, §62. Tickets, violation of election laws as to, a misdemeanor, § 62. Violation of election laws by persons not officers, punishment of, §61. Vote, attempt to, without being qualified, punishment of, § 46. Voters, bribery of, punishment of, §§ 54a, 54b. Voters, coercion or influence of, punishment of, § 59. ' Voters, coercion or influence of, what acts forbidden, § 59. Voters, employer coercing or influencing, punishment of, § 59. Voters, employer what acts on part of to coerce or influence em- ployee forbidden, § 59: Voters, force, violence or restraint to influence, what acts for- bidden, § 59. Voters, force, violence or restraint, using to influence, punish- ment of, § 59. Pen. Code — 59 930 INDEX. ELECTIONS. (Continued.) \'(it(Ms, gifts or [jroniisfs to, iniiiisliiMont for iiial\iii^, § "ll) Voters, interfering with, a felony, § 4.j. Voters, intimidating, corrupting, deceiving or defrauding, a feloiiv, §53. • Voters, offenses by, enumerated, §§ 54a, 54b. Voters, offenses by, punisliment of, §§ 54a, 54b. Votes, adding to or subtracting from, punishment of, § 51. Voting, fraudulent, a felony, § 45. Voting, fraudulent attempt, punishment of, § 4l). Voting more than once, a felony, § 4"). Voting more tlian onfe, punishment, § 4(i. Voting, personating voter, punishment of, S ■!''. Voting, persuading another to vote, fraudulently, punishment of §47. Voting, procuring illegal, luuiishment of, § 47. Voting, receiving gift in connection witli, punishment, § 54a. Witness in election case, incriminating testimony of, cannot be used against, § 64. Witness in election case has no privilege, § 64. Witness in election case, no prosecution against, § 64. ELECTOR. See Elections. ELECTRICITY. Larceny of, a misdemeanor, § 49na. ELECTRIC LINES. Or ai)i)aratus, malicious injury to or interferences with, punish- ment of, § 593. ELECTRIC METER. Interfering with, a misdemeanor, §§ 498, 499a. ELK. See Game Laws. Killing of, a felony, § 599f. Killing or possessing, a misdemeanor, § 626e. Punishment for killing of, §§ 599f, 626e. EMBANKMENTS. Injuring or destroying, a misdemeanor, § 6U7. EMBEZZLEMENT. Acts amounting to, by public oflficer, § 424. Administrator, when guilty of, § 506. Agent, when guilty of, §§ 504, 506, 508. Allegations of embezzlement of money, bank notes, certificates, etc., sustained when, § 1131. Appropriation openly under claim of right as a defense, § 512. Assignee in trust, when guilty of, § 506. Association, oflficer of, when guilty of, § 504. Attorney, when guilty of, § 506. Bailee, when guilty of, § 507. Banker, when guilty of, § 506. Bringing embezzled property into state, punishment of, § 497. Bringing stolen property within state, jurisdiction of, § 27. Broker, when guilty of, § 506. Carrier commits, when, § 505. Claim of title as a defense, § 511. Clerk, servant or agent of oflficer, when guilty of, § 504. INDEX. 931 EMBEZZLEMENT. (Continued.) Clerk, when guilty of, § 508. Collector, when guilty of, § oOG. Corporation, ofJicer, employee or agent of, when guilty of, § 50A. County treasurer, delivery of unclaimed property to, § 1411. Custody of the property by peace ofttcer, duty of officer, § 1107. Defined, § 503. Delivery of the property to owner, §§ 1408-1410. Deputy of officer, when guilty of, § 504. Distinct act of taking not necessary, § 509. Embezzled property, court in which trial had may order its de- livery when, § 1410. Embezzled property, delivery to county treasurer where not claimed, sale by and disposition of proceeds, § 1411. Embezzled pro])erty, magistrate in possession of, to deliver to owner on paying expenses, § 1408. Embezzled property, magistrate may order delivery to owner on paying expenses, § 1408. Embezzled property, officer holds subject to order of magistrate, § 1407. Embezzled propertv, receijits for where taken from defendant § 1412. Embezzled property, record of propertv alleged to be stolen and duty of clerk, § 1413. Evidence of debt or right of action, value of, § 514. Evidence of debt undelivered, subject of, § 510. Evidence to prove, what sufficient, § 1131. Executor, when guilty of, § 506. Indictment or information for embezzlement of money, bank notes, etc., § 967. Intent to restore, no defense, § 512. Jurisdiction when committed out of state, goods brought in, § 78;». Jurisdiction when property brought into county, from another county, § 786. Limitation, no, on embezzlement of public moneys, § 799. Limitation of action generally, § 800. Lodger, wdien guilty of, § 507. Merchant, when guilty of, § 506. Officer, appropriation of money by, punishment, § 424. Officer, deputy, clerk or servant of, when guilty of, § 504. Officer, guilty of, w^hen, § 504. Officer loaning or making profit out of monej-, punishment, § 424. Officer neglecting to pay over public money, a felony, § 425. Property and money taken from prisoner, receipt therefor, § 141k:. Public funds, of, a felony, §§ 421, 514, Public moneys, no limitation in case of, § 799. Public money, no limitation of action for, § 799. Public money, what includes, § 426. Punishment for embezzlement of public funds, § 514. Punishment of, § 514. Record of property alleged to be stolen, § 1413. Restoration as a ground for mitigation, § 513. Restoration before information laid, effect of, § 513. Restoration of property, effect of, § 513. Restore, intent to, no defense, § 512. Search-warrant, in case of, § 1524. Servant, when guilty of, §§ 504, 508. Society, by officer of, § 504, 932 INDEX. EMBEZZLEMENT. (Contimit.l.) Stolrii pr()[n'rl,s , bringing into state, § 789. Stolt'u propi'i'tj, bringing into state, puuislinient of. SS -', -li'". Stolen i^roporty, iiow disposed of, § l.joli. Taking, distinct act of, not necessary, § .jUS). Tenant, when guilty of, § Hd?. Title, claim of, a defense, § oil. Trustee, wlien guilty of, S oOG. Various i)ersons, by, §§ .jU(d-.jOS. What amounts to, § 504. Written instrument not delivered of, §511). EMBRACERY. Punishnient of, §§ 92, 95. EMIGRATION. Act to promote. Appendix, tit. "Emigration." Refusal to sell passage tickets for foreign country, punishment of. Appendix, tit. "Emigration." EMPLOYEE. Coercing not to join labor organization, a misdemeanor, § 079. Paying in saloon, a misdemeanor, § 680. Refusing to give names to license or tax-collector, a misdemeanor, § 434. Tax-collector, refusing to give name to, a misdemeanor, § 4.14. EMPLOYERS. See Master and Servant. ENCEINTE. J'roceedings when convict is, §§ 1225, 1226. ENCLOSURES. See Inclosures. ENGINE. Mismanagement of, punishinent of, §§ 348, 349, 368. Using without spark-arresters, a misdemeanor, when, § 384. ENGINEER. Intoxication of, a misdemeanor, § 391. Omitting to ring or sound whistle at crossing, a misdemeanor, § 390. Violation of duty by, a misdemeanor, § 393. ENGINEERING, DEPARTMENT OF. See Highways. ENGLISH LANGUAGE. Acting as election officer by one who cannot read and write, a misdemeanor, § 49a. Desertion of seamen, provision as to enticement of repealed, § 644. ENTICING. Enticing away for extortion or robbery, punishment of, § 209. ENTRY. Judgment on conviction, entry of, § 1207. ERROR. Immaterial, effect of, § 1404. Immaterial unless it prejudices in substantial right, !} 1404. In form does not affect indictment or information, § 960: Not affecting substantial rights does not affect, § 960. iNDiix. 933 ESCAPE. Arrest of one making, § 8.34. -Vssistiiig, puuishment of, §§ lOS, 1(19. . Attempt to escape from otlier than state prison, a misdemeanor, §107. Attempt to escape, im[)risonment for, commences when, § 100. Attempt to, from state prison, a felony, § 106. Breaking doors, etc., to retake, right as to, § 855. Carrying into prison things to aid in, punishment of, § 110. Costs of trial for, how paid, § 111. Costs of trial of escaped convicts. Appendix, tit. "Costs." Disguise or mask, wearing to aid escape, a misdemeanor, § 185. Effect of attempt on credits of prisoner, § 1590. Governor may offer reward, § 1547. Homicide in retaking justifiable, § 196. Insurrection, assisting escape during, punishment of, § 411. Jurisdiction of, § 787. Officers aiding or suffering, punishment of, § 108. Person escaping may be pursued and retaken at any time and place, § 854. Prison other than state, from, a misdemeanor, § 107. Punishment of prisoner escaping from state prison, § 105. Kefusing to aid in retaking, punishment of, § 150. Rescue. See Rescue. Rescue of prisoners, punishment of, § 101. State prison, from, puuishment of, § 105. State i^rison, punishment for when commences, § 105. ESTATES OF DECEDENTS. Appraiser accepting fee not allowed, a misdemeanor, § 653i/^. ETHER. See Drugs; Narcotics. EVIDENCE. See Deposition; Witness. Abortion, of, § 1108. Accomplice, corroboration of, necesasry to conviction, § 1111. Accomplice, corroboration of, sufficiency of evidence, § 1111. Acquit, advising jury to, § 1118. Bigamy, of, § 1106. Burden of proof, shifting in homicide, § 1105. Challenge of juror, rules of, on trial of, § 1082. Common repute of house of ill-fame, § 315. Competency of husband and wife as witnesses in criminal actions, 1322. Concealing, a misdemeanor, § 135. Conspiracy, to prove, § 1104. Copy of evidence before grand jury to be served on defendant, § 988. Corroboration of accomplice, § 1111. Counterfeiting, of, § 1107. Debt, evidence of. See Evidence of Debt. Depositions, reading in, § 1362. See Depositions. Destroying, a misdemeanor, § 135. Embezzlement, of, § 1131. Extradition proceedings, in, § 1550. False, offering, a felony, § 132. False, preparing, a felony, § 134. False pretenses, of, §1110. Falsifying, a felony, § 132. 934 INDEX. EVIDENCE. (Continued.) J'\)i<;ciy of hank notes, § II117. l''r;niiiiil('iitlv. altcMi'tl, olTfiin^, ;i fclonv, § \'.'>'2. ( ir;i 11(1 jury," bcfoic, §§ 01<)-<)li;:. IIiisli;iM(l and wif'o, i-oin]i('toiic\- of ;is witnesson in friinin.'ii ac- tions, §] 822. .ludicial notice of iiri\ate statute, § 9Pi'A. Larceny, of, § il'.U. Lottery ticket, selling, § 1 100. Newly discovered. See New Trial. New trial, all testimony to be produced anew on, §11*^0. Order of introducing, § 1093. Particular offense, in. See particular title Perjury, of, § 1103a. Plea of not guilty, evidence admissible under, § 1020. Presumptiou of innocence, § 1096. Privileged communications. See Privileged Communications. Prostitution, taking away minor for, § 1108. Reasonable doubt as to degree convicts only of lowest, § 1097. Reasonable doubt, defendant entitled to acquittal, § 1096. Receiving out of court, new trial for, § 1181. Reputation as evidence of character of house of ])rostitution, § 315. Rules of, same as in civil cases, § 1102. Seduction, of, § 1108. State's, §§ 1099-1101. Treason, of, § 1103. Variance. See Variance. , Verdict contrary to, new trial for, § 1181. Witness's testimony may be read against him on prosecution for perjury, § 14. EVIDENCE OF DEBT. Penalty for officers purchasing, § 71. Personal property includes, § 7. Purchase of, by attorney, a misdemeanor, § 161. Subject of embezzlement, § 510. EXAMINATION OF CHARGE. See Preliminary Examination. Allowance of demurrer, examination before magistrate after, § 1008, EXAMINEES, STATE BOARD OF. ]\rember, violating laws, guilty of felony, § 441. EXCEPTION. Challenge of juror, to, § 1077. Challenge to panel, to, §§ 1061, 1062. Deposition, to, § 1345. Instructions, how presented for review, § 1176. Instructions, judge to indorse action upon, §§ 1127, 1176. Instructions need not be embodied in bill of exceptions, § 1176. Instructions with indorsement of judge become part of record, §§1127, 1176. Instructions, written need not be excepted to, §11/6. Transcript to contain bill of, § 1246. What questions may be reviewed on appeal although no excep- tion taken, § 1259. INDEX. 935 EXCHANGE. Coal, misrepresentation iu sale or exchange of, a misdemeanor, § 556. EXECUTION. Aflirmod judgment, of, § 1263. Authority for, of judgment other than of death, § 1213. Certified copy of judgment suflfieient authority to officer to exe- cute judgment, § 1213. Certified copy of judgment to be given officer executing judgment, §1213. Death, judgment of, how executed, §§ 1217, 1228, 1229. Death, judgment of not executed, proceedings to enforce, § 1227. Death, judgment of, transmission of papers to governor, § 1218. Death, punishment by, return upon death-warrant, § 1230. Death, punishment by, where to take place. § 1229. Death, punishment by, who to be present, § 1229. Death, sentence of judgment, who only can suspend, § 1220. Death, unexecuted sentence of, carrying into effect, § 1227. Death, unexecuted sentence of, no appeal lies from order setting day for execution of, § 1227. Death, warrant and execution upon judgment f or, § 1217. Delivery of defendant to warden of prison, under judgment for imprisonment, § 1216. Fine and imprisonnient, judgment bv whom and how executed, §1215. Fine, execution issued on as in civil ease, § 1214. Governor may require opinion of justices and attorney-general as to judgment of death, § 1219. Imprisonment in state's prisons, judgment of, how executed, § 1216. Imprisonment, judgment of, how executed, §§ 1215, 1455. Insane defendant, of, on recovery of reason, § 1224. Insane defendant, suspending execution, § 1224. Insanity of defendant, proceedings in case of, §§ 1221-1224. / Insanity of defendant, proceedings to determine, §§ 1221-1224. Judgment for fine, may issue on, § 1214. Judgment other than for death, how executed, § 1213. Justice's or police judge's judgment of fine or imprisonment, § 1456. Justice's or police judge's judgment of imprisonment, of, § 1455. Levy without process, a misdemeanor, § 146. Pregnancv of female sentenced to death, proceedings in case of, §§ 1225, 1226. Pregnancy of female sentenced to death, proceedings to deter- mine, §§ 1225, 1226. Prison, delivery of defendant to warden of, § 1216. Procuring by perjury, punishable by death, § 128. Keturning to take possession after dispossession by process a mis- demeanor, § 419. Seizing property without authority a misdemeanor, § 146. Suspension of, power of, where judgment of death, § 1220. Transmission of statement and testimony of governor, in case of death sentence, § 1218. EXECUTIVE. Crimes against, §§ 65-77. <^rime against federal officer. Appendix, tit. "Conspiracy." !K}(! INDEX. EXECUTIVE SECRETARY. I'liiiic against, a fi'lciny. .\ |i|>('iidi.\. tit. "(Jon.s|)iracy." EXECUTOR. ' Kiiilicz/.lfJiicnt, wlicii guilty ol, § .j()I). EXEMPTION, Coroner's .Jury, from, § l.jlO. False certificate of, issuing by fire department, a misclemeanor, § 649. .Tiiry duty, from, uot a ground of challenge but a privilege, § 1075. EXHIBITION. J)eformity of person, of, a misdemeanor, § 400. Procuring another to make indecent e.xhibition of his person, punishment of, § Hll. EXONERATION. J'.ail, by deposit, § 1296. EXPECTORATION. Is a misdemeanor, § 372a. EXPERT. For a grand jury. See Grand Jury. EXPERT EVIDENCE. See Witnesses. Forgery, at trial of, § 1107. EXPLOSION. Negligence causing death from, punishment of, § 368. Steam-boilers, mismanagement of, causing, a felony, §§ 348, 349. EXPLOSIVE. Act to protect life and property against careless use of. Ap- pendix, tit. "Explosives." Blasting wood during dry season. See Blasting. Bringing into prison, jail or reformatory a felony, § 171a. Malicious use of dynamite or other explosive a misdemeanor, § 601. Dynamite, protection of life and property from use of. Appen- dix, tit. "Explosives." Endangering or injuring persons or property by, a felony, § 601. Endangering or injuring persons or property by, punishment, § 601. Fishing, using in, punishment for, § 635. Gunpowder, making or keeping in or carrying through city, a misdemeanor, § 375. Keeping or carrying in city, a misdemeanor, § 375. Making in city, a misdemeanor, § 375. Malicious injury to building by, a felony, § 601. Nitroglycerine, making or keeping in or carrying through city, a misdemeanor, § 375. Railroad track, putting on, a felony, § 218. Record of sales, failure to keep a misdemeanor, § 375a. Record of sales, failure to keep, cumulative penalties, § 375a. Record of sales, how and where to be kept, § 375a. Record of sales to be kept, § 375a. EXPOSURE. See Indecent Exposure. EXPRESS COMPANY. Fish, regulations governing transportation and punishment for violating, § 632a. INDEX. 937 EXPRESS COMPANY. ((Joutinucd.) Game, transportation of, regulations governing and punishment for violating, § 627b. Game, transportation of out of state a misdemeanor, when, § 627a. Game, transporting out of state without permit a misdemeanor, § 627a. EXPRESS MALICE. In homicide, § 188. EXTORTION. By offer to prevent libel, a misdemeanor, § 257. Defined, § 518. Fear, what threats may induce, § 519. Judge receiving part of fees allowed stenographer, a misdemeanor, §94. Judicial officer asking or receiving emolument or reward, a mis- demeanor, § 94. Judicial officer, by, punishment of, § 94. Kidnaping, by means of, punishment of, § 209. Letter, sending complete when, § 660. Letters, threatening, punishment of, §§ 523, 650. Officer, by, punishment of, § 70. Officer receiving part of salary or wages of clerk or subordinate, a felony, § 74a. Punishment of, generally, § 520. Punishment of, when committed under official color, § 521. Kailroad officers, overcharges by, punishment of, § 525. Signature procured by threats, punishment of, § 522. Threatening letters, sending, punishment of, § 523. Threats, verbal, attempting to extort by, punishment of, § 524. Threats, what may constitute, § 519. EXTRADITION. Arrest and commitment, proceedings for, § 1550. Bail, admission to, § 1552. Bail, discharge or cancellation of in superior court, § 1556. Bail, readmission to, in superior court, § 1556. Bail, to be discharged from, when, § 1555. Committed, fugitive to be, when and for what time, § 1551. Commitment of fugitive, proceedings for, § 1551. Detention, further, superior court may order, § 1556. Discharge of fugitive, when to be granted, §§ 1555, 1556. Discharge when granted in superior court, § 1556. District attorney, duty of, on notice to of arrest, § 1554. Evidence, what admissible, § 1550. Exemplified copy of proceedings admissible, § 1550. Expenses in bringing back fugitive, account of, how audited and paid, § 1557. Expenses, of bringing back a county charge if fugitive not placed on trial, § 1557. Fee or reward, officer not to receive, § 1558. Fee, receiving, for arresting fugitive, a misdemeanor, § 144. Fugitives from another state to be delivered up, when, § 1548. Fugitives from justice. See Fugitives from .Justice. Fugitives from this state, expenses of extradition, § 1557. Notice of arrest to authorities of other state, § 1554. Notice of arrest to district attorney, § 1553. Proceedings in superior court on return by magistrate, § 1556. 938 INDKX. EXTRADITION. (Continued.) K'otuni of iirocoeilings to suijcrior court, § 155(i. Keward or fee for sei vices in procuring surrender of fugitive from this state, not to be paid, § 1558. Superior court, return of proceedings to, and proceedings in, § 1556. Warrant, magistrate may issue for arrest of fugitive in this state, § 1549. FACT. Issue of, arises when, § 1041. Issues of arise on picas of not guilty, once in jeopardy, and former conviction or acquittal, § 1041. Issues of, how tried, § 1042. Jury to decide questions of, § 1126. Libel, jury decides both law and fact in, §§ 251, 1125. FACTOR. False statement by, punishment of, § 536. Statement of sales^ duty to make, § 536a. Statement of sales, punishment' for failure to make, § 536a. Statement of sales, what sufficient, § 536a. FACTORIES. See Manufactures. FALSE ARREST. A misdemeanor, § 146. FALSE BAY. Act to prevent taking of fish by means of weirs, dams, nets, traps, or seines in. Appendix, tit. "Fish." FALSE CERTIFICATE. By officer, issuance of, a misdemeanor, § 167. FALSE IMPRISONMENT. Defined, § 236. Punishment of, § 237. FALSE PERSONATION. In becoming bail, punishment of, § 529. In making acknowledgments, punishment of, § 529. Evidence necessary to conviction, § 1110. Instances of, § 529. Marriage under, a felony, §§ 528, 1110. Money, obtaining under false pretenses, punishment of, § 532. Money, receiving under false character, punishment of, § 530. Obtaining telegraph or telephone message by, punishment of, § 621. Property, receiving under false character, § 530. Punishment of, § 529. Receiving money or property through, punishment of, § 530. Surety, becoming under, punishment of, § 529. To accomplish lewd purpose, a misdemeanor, § 650i/^. What acts constitute, §,529. FALSE PRETENSE, See False Personation. As to birth of child, punishment of, § 156. Certificate of registration of stock, obtaining by fraud, a mis- demeanor, § 537a. INDEX. 939 FALSE PRETENSE. (Continued.) Conspiracy to obtain property under, punishment of, § 182. Defrauding innkeeper, lodging-liouse keeper, or boarding-house keeper by means of, a misdemeanor, § 537. Evidence of, § 1110. False registration of aninial, obtaining by, a misdemeanor, § oSlYj. Labor emploj'ed in producing goods, misrepresentations as to a misdemeanor, § 532a. Livery-stable Iveeper, defrauding by means of, a misdemeanor, § 537b. Money or property, obtaining under, punishment of, § 532. Obtaining money or property by, punishment of, § 532. Services of another, obtaining by false pretenses, punishment of, §532. Statements as to financial conditions, when a misdemeanor, § 532a. Testimony of two witnesses or one witness and corroborating cir- cumstances, when necessary, § 1110. What necessary to conviction, § 1110. FALSE REPRESENTATIONS. See Traud. FALSE STATEMENT. See Fraud. Principal, false statement to, a misdemeanor, § 536. FALSE WEIGHTS AND MEASURES. See Weights and Measures. In general, §§ 552-555. FALSE WHISKERS. ^ Wearing, a misdemeanor, § 185. FALSIFICATION. Public records, no limit of time for prosecuting, § 799. FALSIFYING. Accounts by officer, punishment of, § 124. Evidence, §§ 132-138. Records and documents, §§ 113-117. FARCY. See' Animals. FARE. See Eailroads. FAST DRIVING. On public road, a misdemeanor, § 396. FEAR. See Extortion; Homicide; Eobbery. FEDERAL OFFICERS. Crimes against certain, punishment of. Appendix, tit. "Con- spiracy." FEDERAL PRISONER. See Prisons. Charge for keeping in state prisons, § 1589. Committing to county jail, §§ 1601, 1602. Expense, of keeping, § 1589. Receiving, keeping, and disciplining in state's prison, § 1589. FEES. See Officers. Affidavit of killing of deer, fee for, § 626h. Appraiser accepting fee not allowed, a misdemeanor, § 653%- Excessive, receiving, a misdemennnr, § 70. Jurors' and how paid, § 1143. 940 INDEX. FEES. (Continued.) License to raise game animals, or birds, for, § (iljjd. Keceiving, for services in arresting fugitives, a misdemeanor, §144. Tagging animals or birds by game commission, for, § 631d, subd. 12. FELLATIO. A felony, § 288a Punisliment for, § 2S8a. FELONY. Abduction, § 2G6a et seq. Abduction of minor for prostitution, § 267. Abduction of woman, § 2G5. Abortion, administering drugs to produce, § 274. Abortion, advertising to procure, a felony, § 317. Abortion, soliciting materials for, punishment of, § 275. Abortion, submitting to, punishment of, § 275. Accessory before the fact and principal, distinction between abolished, § 971. Accounts, falsification of by officers, § 424. Adultery, living in by married persons, § 269b. Advertising to procure miscarriage or abortion, § 317. All persons concerned liable as principals, § 971. Alteration, secreting or destroying public record, § 113. Animal, vicjous, owner permitting at large, § 399. Animals, poisoning, § 596. Appearance of defendant necessary on rendition of verdict, § 1148. Arbitrator, bribing, § 95. Arbitrator, influencing or intimidating, § 95. Arbitrator, receiving outside communication, § 96. Arraignment, defendant to be personally present, § 977. Arrest. See Arrest; Warrant of Arrest. Arrest may be made at any time', § 840. Arson, § 455. Assault to commit, § 221. Assault to commit murder, § 217. Assault to commit murder, mayhem, rape, crime against nature, or robbery, § 220. Assault with caustic chemicals, §§ 244, 245. Assault with deadly weapon, § 245. Assault witli deadly weapon by convict, § 246. Arbitrator, making promise' to give decision, § 96. Attempt to assume ownership of person, § 181. Attempt to commit crime, §§ 664, 665. Attempt to escape from state prison, § 106. Auctions, mock, § 535. Automobiles, failure of driver to assist in case of collision, § 367e. Automobiles, intoxicated driver injuring person, § 367e. Ballot-boxes, interfering with, § 45. Ballots, tampering with, § 45. Bigamy, § 283. Bigainy, marrying spouse of another, § 284. Bill, legislative, altering draft of, §§ 83, 84. Bill, legislative, altering enrolled copy of, § 84. Bill of lading, duplicate, failure to stamn duplicate, § 580. Bill cf lading; false, §§ 541, 577, 578. INDEX. 941 FELONY, (Coutinued.) Bill of lading, or warehouse ret'cipt, issuing fictitious, §§ 577, 578. Birth of infant, false representations as to, § 156. Board of examiners, violation of law relating to by member of, §441. Boiler, steam, mismanagement, §§ 348, 349, 368. Bookmaking, p. 201, § 337a. Books, maps, etc., officer stealing, falsifying, or mutilating rec- ords, § 113. Books, maps, etc., stealing, falsifying, or mutilating, etc., by third person, § 114. Books, records, etc., mutilating, destroying, taking awaj^, or steal- ing, § 76, 113, 114. Books, records, etc., refusal to surrender tO' successor, § 76. Brand, alteration, § 357. Brand, putting on animal, § 357. Bribe, asking for or agreeing to receive by legislator, § 86. Bribe', executive officer receiving, § 68. Bribe, giving or offering to legislator, § 85. Bribe, receiving by member of nominating convention, punish- ment of, § 57. Bribe, receiving by members of legislature, § 86. Bribe, receiving by supervisors, § 165. Bribe, receiving, punishment of, § 93. Bribe, witness receiving or offering to receive, § 138. Bribery of arbitrator, § 92. Bribery of executive officers, § 67. Bribery of judicial officer, § 92. Bribery of juror § 92. Bribery of members of nominating body, § 57. Bribery of referee, § 92. Briber}^ of supervisors, § 165. Bribery of telegraph agent, § 641. Bribery'of telephone operator, § 641. Bribery of trustees of corporation, § 165. Bribery of umpire, § 92. Bribery of witness, § 137. Bridges, injuries to, §§ 587, 588. Burglary, § 461. Burning of property of another maliciously, § 600. Burning or destroying insured property, § 548. Burning property not subject of arson, § 60U. Candidate for legislature receiving money from candidate for United States Senate, § 631/;. Candidate for United States Senate advancing money iu election, §63. Captain or officer of vessel, injuring vessel or cargo, § 539. Carrier, pledge or sale of property by, §§ 581, 583. Checli or draft on bank, drawing with knowledge one has not sufficient funds or credit, § 476a. Child, desertion of, § 271. Child, false pretenses as to birth of, § 156. Child, lascivious conduct with, § 288. Child, maliciously, forcibly or fraudulently taking or enticino' away, punishment of, § 278. Child, non support of, § 270. Child-stealing, § 278. Child substitution, § 157. Circulating paper as money, second offense, § 648. 042 JNDEX. FELONY. (Coiiiiuucil.) ( laim, IrniHliilent, iircsoiit iii>i, S 7l'. C'oiiijiouiKliiig I't'lony, iiuiiislmicnt ioveution of, § 317. ("onspiracy to coiiiniit, overt act, wlicn necessary, § 18-4. Contract, officer l)ecoinin<^ illegally interested in, §71. Controller violating laws relating to board of examiners, § 411. Conveying land twice, § ilS.'J. Coriioration, failure of officers to obey legal duty, §o64. Corporation, false reports by officers of, § 564. Corporation, fraud in keeping accounts in books of, § 563. Cori)oration, fraudulent acts of officers or agents of, § 563. Counterfeiting, §§ 473-476, 478-480. Counterfeiting quicksilver stamps, § 366. Crime against nature, §§ 286, 288a. Crime, is a, § 16. Crime punishable by imprisonment in state prison or county jail and fine, § 17. Cunnilingus, § 288a. Dead bodies, disinterment, § 290. Dead bodies, mutilation or removal of, § 290, 291. Dead body, removal of part of, § 291. Death from vicious animal, owner guilty of felony, § 399. Decision of arbitrator, referee, etc., attempt to influence, § 95. Decision, offer to give', § 96. Defined, § 17. Deserting child, § 271. Dismissal not a bar in, § 1387. Driving substance in wood that will injure saws, § 593a. Druggist falsely labeling, § 380. Druggist omitting to label, § 380. Druggists, fraud or wrongs of, § 380. Drugs, administering stupefying to commit, § 222. Drugs, bringing into prison, jail or reformatory, § 171a. Duel, fighting or sending or accepting challenge, § 227. Duel, fighting, when death ensues, § 226. Election laws, adding to or subtracting from votes cast, § 51. Election laws, aiding or abetting offenses against, § 52. Election laws, altering returns, § 51. Election laws, ballots, ballot-boxes, or returns, interfering with, §45. Election laws, bribe, receiving by member of convention or cau- cus, § 57. Election law^s, bribery by candidate, § 54b. Election laws, bribery of member of convention or caucus, § 57. Election laws, false registration, § 42. Election laws, false registration, causing, procuring, or allowing, § 42a. Election laws, forging or counterfeiting returns, § 50. Election laws, fraudulent acts by officers, § 41. Election laws, fraudulent voting, § 45. Election laws, interfering with officers, § 45. Election laws, intimidating, corrupting, deceiving or defrauding electors, § 53. Election laws, offenses against, § 48. Election laws, officer, acting as without appointment or qualifica- tion, § 40. Election laws, officer changing ballots, § 48. INDEX. 943 FELONY. (Continued.) Election laws, otiicer changing or destroying poll-lists, § 4S. Election laws, person acting as officer without authority, § 40. Election laws, procuring illegal voting, § 4 7. Election laws, receiving consideration for voting or not voting, § 54a. Election laws, refusal to act by officers, § 41. Election laws, tampering with ballots or poll-list, § 57a. Election laws, violation of by officers, § 41. Election laws, violation of by person not an officer, § 61. Elections, interfering in, § 45. Electric line and apparatus, injury to, § 59^. Electric lines or apparatus, interfering with, § 593. Elk, killing of, § 599f . Embezzlement, § 514. Embezzlement of public funds, §§ 424, 514. Embezzlement of public moneys by officer, § 424. Embracery, §§ 92, 95. Employer receiving portion of wages of laborer on public works, § 653d. Engine, mismanagement of, §§ 348, 349, 368. Escape, any person assisting, guilty of, § 109. Escape, assisting during insurrection, § 411. Escape, attempt to from state prison, § 106. Escape, carrying things into prison to aid in, § 110. Escape, officers aiding or suffering, § 108. Escape where one confined in state's prison for term less than life, § 105. Evidence, false, offering, § 132. Evidence, false, preparing, § 134. Evidence, falsifying, §§ 128-132. Evidence fraudulently altered, offering, § 132. Ex-convict coming upon or near grounds of prison or reforma- tory, § 171b. Executive secretaries of United States, offenses against. Appen- dix, tit. "Conspiracy." Explosives, endangering or injuring persons or property b}-, § 601. Explosives, malicious use of, § 601. Extortion, § 520. False imprisonment, § 237. False manifest, invoice, bill of lading, etc., making of, § 541. False personation, marriage under, § 528. False personation, receiving money or property under, § 529. False pretenses as to birth of child, § 156. False pretenses, obtaining money, property or services by, § 532. False proofs upon insurance policy, presenting, § 549. Falsification of accounts by officer, § 424. Falsifying evidence, §§ 132-138. Federal officers, offenses against. Appendix, tit. "Conspiracy." Felatio, § 288a. Firearms, bringing into jail, prison or reformatory, § 171a. Fire, goods saved from, in San Francisco, failure to notify owner or fire-marshal, § 500. Fire, larceny of goods saved from in San Francisco, § 500. Forged or false instruments, offering for record, § 115. Forgery, §§ 470-476. Fraud in increasing capital stock, § 558. Fraud in keeping accounts of corporation or joint-stock company, §563. 044 INDEX. FELONY. (Contiuued.) l''raii(l ill pioc'iiruig oryauizutioii of corporation, § ooS. I'"riiiidiilent l)ill or clitiin, prcsoiit iii;^ to jiublic hoard or odicer, § 72. (Jainbliug, ollieers protecting, oiicoiiraging, or [u'rmittiiig, § ',VM. Ciambliug, Aviuuing at by I'rauduleiit means, § 3.'Jli. Governor, oU'enses against. Aj)pendix, tit. '•Cousi)iracy." Grand larceny, § 489. Gunpowder, malicious injury to building Ijy, §GU1. Highways, malicious injuries to, § 588. Homicide committed in apprehending person for, justifiable, §197. Homicide committed in prevention of, is justifiable, § 197. incest, § 285. infant, false pretenses as to birth of, § 156. Infant, substituting, § 157. infringement of personal liberty of another, § 181. initiati\e petition, signing fictitious name or name of another to, 472a. Initiative petitions, misrepresentations or frauds in, § G4b. Insurrection, acts committed while county declared in state of, §411. Intoxicants, bringing into jail, reformatory or prison, !? 171a. Involuntary servitude, holding one in, § 181. Issuing or circulating paper money, § (348. •lail, willfully injuring, destroying, etc., § 606. Joint defendants, joint or separate trials, § 1098. Joint-stock company, failure of officers to obey legal duty, § 564. Joint-stock company, false reports by officers, § 564. Judges, federal, offenses against. Appendix, tit. "Conspiracy." Judgment, appointing time for, § 1191. Juror, influencing, intimidating, etc., § 95. Juror, misconduct of, § 96. Jury-box, tampering with, § 116. Jury-lists, certifying to false, § 117. Jury-lists, falsifying, § 117. Jury-list, tamj^ering with, § 116. Kidnaping, §§ 208, 209. Larcen}', grand, § 489. Larceny of books, by third person, § 114. Larceny of books, maps, records, etc., by officer, § 113. Larceny of goods saved from tire in Sau Francisco, § 500. Legislature, asking for or agreeing to receive bribe, § 86. Legislature, bribing of, § 86. Legislature, giving or offering bribe to, § 85. Legislator, influencing not to attead house or committee, § 85. Legislator, influencing vote of, § 85. Legislator, obtaining money to i.tjiluenec, ? S9. Legislator receiving money frs^H candidate for LTuited States senator, § 63a. Legislature, preventing meeting or organization of, § 81. Liberty of another, infringement on, § 181. License receipts, possession other than those allowed by law, §432. Lights, injury to or exhibiting false, § 610. Limitations against prosecution, effect of absence from state, §801. Limitations of time for prosecution, §§ 799, SOO. \ INDKX. 945 FELONY. (Coutiiuied.) JiObbjing, § 89. Logs iiiteiuled for maimt'acture of liiinher, driving suli.«taiK'c into, § 593a. Kidnaping, §§208, 209. Malicious injury to bridge, liighwav or ways, §- 588. Manslaughter, § 193. Married person couve^-ing or mortgaging under false representa- tions, § 534. Marrying spouse of another, § 284. Mayhem, § 204. Miscarriage, advertising procuring of, § 317. Miscarriage, procuring, § 274. Miscarriage, soliciting materials for, § 275. Miscarriage, submitting to, § 275. Money, circulating paper as, second offense, § 648. Mortgaged chattel, removal, sale or encumbrance of, § 538. Motorcycle, intoxicated driver injuring person, § 367e. Motorcycles, failure of driver to assist in case of collision, § 367e. Murder in first degree, § 190. Murder in second degree, § 190. Offense is a felony or misdemeanor according to punishment in- flicted, when, § 17. Offense, when a felony and when a misdemeanor, § 17. Officer becoming interested in contract, § 71. Officer embezzling public moneys, § 424. Officer, false statement by, § 564. Officer loaning or using public moneys, § 424. Officer mutilating books or records, etc., or withholding from suc- cessor, § 76. Officer neglecting to pay over money, § 425. Officer receiving wages or salary of laborer or clerk, §§ 74a, 653d. Officer refusing to pay over public moneys, § 424. Ownership of another, attempt to assume, § 181. Perjury, §§ 126-128. Perjury, subornation of, § 126. Poison, administering with intent to kill, § 216. Poisoning animals, § 596. Poisoning food, medicine, drink or water, § 347. Poll-lists, interfering wdth, § 45. Presence of defendant at judgment necessary, § 1193. Presence of defendant necessary at trial, § 1043. Presence of defendant when verdict rendered, § 1148. Presenting fraudulent bill or claim to officer, § 72. President, offenses against. Appendix, tit. "Conspiracy." Principals in first and second degree, distinction between abol- ished, § 971. Prison, bringing contraband articles into, § 180a. Prisoner, discharged, going on grounds of prison or reformatory in night, § 171b. Prisons, jails or reformatories, bringing drugs, liquors, weapons or explosives into, § 171a. Private roads, injuries to, § 588. Prize-fight, leaving state to engage in, § 414. Prize-fights, engaging in or aiding in, § 412. Procedure where jury disehared for want of jurisdiction §§ 1115 1116. Pen. Code — 60 04(1 INDEX. FELONY. (Coiitiiuio.l.) rnistitution, abduotioii of iiil'iiiit I'Dr, § 1^07. I'rostitiitioii, liusbaiul cuiiniviii^ or conspntiiiK to jilafiiij^ wife in lioiiso of, § 2G6g. Prostitution, husband placin^r wife in house of, § 2(5fig. Prostitution, payinj^j for woman for purjiosc of, § 2(j()e. Prostitution, jiaying for woman to jilace hor in house against will, § 2()(;e. Prostitution, i)lac'iug woman in custody for, § 26Gd. Prostitution, placing wife in house of, § 2G6g. Prostitution, sale of woman for immoral purposes, § 2G6f. Prostitution, taking woman by force or fraud for purpose of, § 266a. Prostitution, taking woman by force or fraud to live in illicit relation, § 266b. Public works, receiving portion of v^ages of laborer on, § 653d. Punishment, in general, § 12. Punishment, limits on, § 13. Punishment of, when not otherwise prescribed, § 18. Punishment, when not otherwise provided, § 18. Quicksilver, counterfeiting seal or stamp of manufacturer or seller, § 366. Quicksilver, using counterfeited seal of manufacturer or seller, §366. Railroad employee becoming intoxicated on duty, when guilty of, §369f. Railroad employee causing death through intoxication, § 369f. Railroad employee, negligence of, causing death, § 369. Railroad or train, interfering with, for purpose of robbery, § 214. Railroad, placing obstructions on track, § 587. Railroad, placing passenger-car in front of freight-car, § 392. Railroad property or bridges, injury to, § 587. Railroad, putting explosive on track, § 218. Railroads, train wrecking a felony, §§ 218, 219. Railroad track or bridge, injury to, § 587. Rape, § 264. Recall petitions, misrepresentions or frauds in. § 64b. Recall petition, signing fictitious name or name of another to, §472a. Receiving portion of wages of laborer on public works, § 653d. Receiving stolen goods, § 496. Records, destroving, stealing, altering or mutilating, §§ 76, 113, 1 14. Records, etc., refusal to surrender to successor, § 76. Referee, intimidating or attempting to influence, § 95. Referee, misconduct of, § 96. Referendum petitions, misrepresentations or frauds in, § 64b. Referendum petition, signing fictitious name or name of another to, § 472a. Reformatories, act relating to bringing guns, etc., on grounds of, § 171a, note. Reformatories, drugs, liquors, -weapons or explosives, bringing into, § 171a. Rescue of prisoner, § 101. Resolution, legislative, altering draft of, a felony, § 83. Resolution, legislative, altering enrolled copy of, § 84. Returns, interfering with, § 45. Roads, private, malicious injury to. § 588. INDEX. 947 FELONY. (Contimied.) Kobbery, § 213. .Salary of deputy or ■•k'rk or laborer, receiving part of, §§ 74a, 6')o(\. Search of defeudaut charged with, when ordered,' § 1542. Secretaries, executive, of United States offenses against. Appen- dix, tit. "Conspiracy." Seduction. Appendix, tit. "Seduction." Seduction for purpose of prostitution, § 266. Seduction under promise of marriage, § 268. Selling land twice, § 533. Sex perversions, § 288a. Signals, injury to or exhibiting false, § 610. State printer, fraud or collusion by, §§ 99, 100. State printer, secret agreement or collusion as to supplies, § 100. State printing, superintendent being interested in contract, § 99. State treasurer, violation of law relating to board of examiners by, § 441. Steamboat, mismanagement of, §§ 348, 368. Steam-boiler or engine, negligently managing, §§ 348. 349, 368. Steam-boilers, mismanagement of, §§ 348, 349, 36S. Subornation of perjury, § 126. Suicide, aiding or encouraging, § 401. Tax receipts, possessing other than those allowed by law, § 432. Telegram, obtaining by false personation, § 621. Telegraph message, clandestinely' learning contents, § 640. Telegraph message, conspiracy concerning, § ili. Telegraph message, disclosing contents, §§ 619, 640. Telegraph message, employee using information of, §§ 639, 640. Telegraph message, forging, § 474. Telegraph message, obtaining by false personation. § 621. Telegraph message, opening, § 621. Telegraph operator, bribery of, § 641. Telephone message, disclosing contents of, §§ 619, 640. Telephone message, employee using information contained in, §§ 639, 640. Telephone message, obtaining by false personation, § 621. Telephone message, opening, § 621. Telephone operator, bribery of, § 641. Treason, misprision of, § 38. Umpire, intimidation or attempt to influence, § 95. Umpire, misconduct of, § 96. Vessel, sinking of, § 608c. Vessel, wrecking, injuring or destroying, §§ 540, 608c. vice-president, offenses against. Appendix, tit. "Conspiracy." Voting, fraudulent, § 45. ^\'arehouseman, sale or pledge by, §§ 581, 583. Warehouse receipt, false, issuing of, § 578. Weapons, bringing into prison, jail or reformatory, § 171a. Witness receiving bribe for absenting himself, § 138. Written instrument, injury to, § 617. FEMALE. Abduction of punishment of, § 265. Abduction of, under eighteen years of age, from parent, § 267. Abduction, purposes punishable, § 265. Defendant, under sentence of death, proceedings when supposed to be pregnant, § 1225. 948 INDEX. FEMALE. (Continued.) Kmploying to siill liquor ;it t licjitcis, etc, § ill!."'. I'risoucrs to be separated from male, § l.T.)'.!. Procuring to perform in public, where liquors are sold, § ',Un'>. I'rostitution of. ISee Trostitution. Seduction of, for purpose of prostitution, puuisluuenl of, § 266. FEMININE. liu-iuded in masculine, § 7. FENCE. Destroying, opening, or tearing down, a misdemeanor, § 602. Leaving inclosures open, a misdemeanor, § 602. Tearing down to make passage, a misdemeanor, § 602. FENDERS. Compliance with orders of supervisors sufficient, § 369a. Duty of railroad companies to use, § 369a. FERRY. Crossing without paying toll a misdemeanor, § 389. Maintaining unlawfully, a misdehieanor, § 3S6. Neglecting to pay toll, a misdemeanor, § 389. Violating condition of undertaking to keep, a misdemeanor, § 387. FICTITIOUS NAME. Indictment by, §§ 953, 989. FINDER. Lost projjerty, guilty of larceny-, when, § 48o. FINES. See Probation. Bail on appeal from, § 1273. Blacklisting, for, § 653e. Children, fines for offenses, disposition of, § 273e. Collected for offenses against statute relating to fires, disposition of, § 384. Corporation, against, how collected, § 1397. Deposit instead of bail to be applied to, § 1297. Discharge of defendant on fine without alternative, § 1454. Discharge of defendant on payment of, § 1457. Disposed of, how, §§ 1457, 1570. Execution of judgment for, §§ 1214, 1215, 1456. Explosives, for failure to keep record of sales of, § 375a. Game laws violation of, disposition of fines and forfeitures for. See Game Laws. Imposed for nonsupport of wife or child may be paid to wife or custodian of child, § 270d. Imprisonment and, judgment, how executed, § 1215. Imprisonment, fine may be added to where no fine prescribed, § 672. Imprisonment till paid, §§ 1205, 1446, 1456. Imprisonment until payment, limitation on, §§ 1205, 1446. Injuries to mile-stones and guide-boards, one-half to go to in- former, § 590a. Judgment for, constitutes a lien, § 1206. Judgment for, execution may issue on, § 1214. INDEX. 949 FINES. (Coutinued.) Judgmeut imposing and directing imprisonment until paid, exe- cution of, § l-ioG. Justice's court, in, §§ 1446, 1457. Lien, judgment for, constitutes, § 120(3. Officer's failure to pay over, a misdemeanor, § 427. Ordinances, for violation of, disposition of, § 1457. Payment of, defendant to be discharged, § 1457. Eefusal or neglect to pay over, a misdemeanor, § 427. Suspension of judgmeut of fine and imprisonment, §§ 1203, 1215, Suspension of sentence and placing defendant on probation in case of, §§ 1203, 1215. FIRE. See Explosives. Allowing lawfully set fire to escape from control, a misdemeanor, §384. Arson. Sea Arson. Back-fire, setting of, not a misdemeanor, when, § 384. Blasting wood, permit for, rules and regulations in, § 384. Blasting wood, permit of warden a defense, when, § 384. Blasting wood, state or district warden may issue permit for. §384. Blasting wood with dynamite, powder, etc., in dry season, a mis- demeanor, § 384, * Building fire on one's own land to burn brush, etc., in dry season, a misdemeanor, § 384. Burning bridges, grain, etc., maliciously, punishment of, § 600. Burning property net subject of arson, punishment, § 600. Camper leaving fire burning, a misdemeanor, § 384b. Camp-fire. See Camp-fire. Destruction by, of property of contiguous owners, punishment of, § 384a. Destruction of forest by fire on public land, punishment of, § 384. Disobeying orders of officers attempting to extinguish, a mis- demeanor, § 385. Engines without spark-arresters, using, a misdemeanor, when, §384. False alarm of, turning in, punishment of, § 625a. Fines collected for offenses against statute, disposition of, § 384. Fire-alarm apparatus, interference with, punishment of, § 625a. Forests, protection of against. See Forests. Goods saved from, in San Francisco, failure to notify, punish- ment of, § 500. Insured property, burning, punishment of, § 548. Larceny of goods saved from, punishment of, § 500. Loggers, right to use explosives or fires, § 384. Malicious burning of property not subject of arson, punishment, § 600. Malicious, in general, punishment, § 600. Negligently firing woods, grasses, etc., a misdemeanor, § 384. Negligently setting on property not one's own, punishment of, § 384. Negligently setting without providing against escape, a mis- demeanor, § 384. Obstructing attempt to extinguish, a misdemeanor, § 385. Provision for preventinn of fires and punishment for violation of § 384. 950 INDEX. FIRE. (Conlinueil.) I'rovisions lor protoetiou against, do not ajiply to fires set on laud.s iu cities, § ;584. Prisoners removed in case of, § 1G07. Kafts or piles of wood, lumber, etc., maliciously burning, a mis- demeanor, § COS. Eofusal to obey summons of fire-warden, a misdemeanor, § 384, Refusing assistance in combating, punishment of, § 384. What acts iu relation to forbidden, § 384. Woods, grass, etc., setting on fire, a misdemeanor, § 384. FIREARMS. See Ammunition; Arms; Weapons. Bringing into jail, prison or reformatory, a felony, § 171a. iJeadly weapon. JSee Deadly Weapon. Discharging in unincorporated city or town, a misdemeanor, § 415. Selling to Indians, a misdemeanor, § 398. FIRE DEPARTMENT, False alarm of fire, turning in, punishment of, § 625a. False certificates of exemption, issuing, a misdemeanor, § 649. Fire-alarm apparatus, interfering with, punishment of, § 625a. FIRE-WARDEN. Permit to blast wood, may issue, § 384. Permit to blast wood, rules and regulations accompanying, § 384. Permit to blast wood, when a defense, § 384. Refusal to obey summons of, a misdemeanor, § 384. FISH. See Fish Commissioners; Fishways; Game Laws. Act to prevent destruction of in Bolinas Bay continued in force, §23. Act to prevent destruction of in Lake Merritt continued in force, §23. Act to prevent destruction of fish in Napa River, continued in force, § 23. Act to prevent destruction of fish in Sonoma Creek continued in force, § 23. Act to prevent taking fish by means of weirs, dams, nets, traps, or seines, in certain streams in Mendocino County. Appen- dix, tit. "Fish." Act to regulate salmon fisheries in Eel River, continued in force, §23. Aliens incapable of becoming electors prohibited from fishing. Appendix, tit. "Fish." Costs of trial for violations of law to be paid by state. Appen- dix, tit. "Fish." Ditches and flumes drawing supply from Kings River, proprietors to prevent passage of fish into. Appendix, tit. "Fish." Effect of code on statutes respecting, § 23. False Bay, act to prevent taking of fish by means of weirs, dams, nets, traps, or seines in. Appendix, tit. "Fish." Kings River, destruction of fish in, act to prevent. Ai>pendix, tit. "Fish." Lake Bigler, preservation of fish in. Appendix, tit. "Fish." Lake Chabot, fishing in forbidden. Appendix, tit. "Fish." San Antonio Creek, fish not to be caught with nets, seines, etc. Appendix, tit. "Fish." San Leandro Creek, fishing in, forbidden. Appendix, tit. "Fish." Taking fish, animals, or birds for propagation, §§ 628c, 631, 633, 634, 6341/2, 636. INDEX. 951 FISH. (Continued.) Taking fish, birds or animals lor scientific purposes, §§ 628c, G31, 633, C34VL', C36. Trout in Sislviyou County, act concerning continued in force, § 23. FISH AND GAME COMMISSIONERS. Pish commission fund, payment of fines into, §§ 626h, 626k, 628d, 62811, 629, 630, 631b, 631d, subd. 9, 632a, 632b, 633, 634, 63iy-, 63.5, 63.5 Vi;, -636, 636b, 636 Vi?, 637. Fish," statutory provisions relating to. See Game Laws. Fishvvay, See Fishway. Game laws. See Game Laws. Nets and seines, actions to forfeit, § 636a. Nets and seines, proceedings in action to forfeit, § 636a. Notifying owners to construct fishways, § 637. Planting of fish and shell fish, inspection by and consent of com- mission necessary, § 628h. Screens before canals, ditches, flumes, etc., hearing before com- missioners as to necessity and powers of commissioners, § 629. Screens before canals, ditches, flumes, etc., hearing before com- missioner's as to necessity , and procedure on, § 629. Dealers in game, fish, mollusks and crustaceans to make monthly to, § 630. Fisliways. See Game Laws. Fishways, authority to order instruction of, § 633. Fishways, hearing on necessity of and procedure on, § 637. Fishways; hearing on necessity of, powers of commissioners on, § 637. To examine dams and obstructions in rivers, § 637. FISH AND GAME WARDENS. See Game Laws. FxSHERS. See Game Laws. Are predatory animals, § 637Vi;. Screens before inlets of, provision relating to, § 629. FIXTURE. Larceny of, what constitutes, § 495. FLAG. Desecration of prohibited, § 310. See, also. Appendix, tit. "Flag." FOLSOM. See State Prisons. Rock-crushing plant at. Appendix, tit. "State Prisons." FOOD. See Adulteration. State laboratory for foods, act providing for. Appendix, tit. "Adulteration." Tainted or decayed, sale of, a misdemeanor, § 383. FORCIBLE ENTRY AND DETAINER. Engaging in encouraging or assisting, punishment of, § 418. FOREIGN. Acquittal or conviction, as a defense, §§ 656, 793. Conviction, punishment of subsequent offense in case of, § 668. Convicts, importing, a misdemeanor, § 173. Corporation, no defense that cor[)oration is, § 571. Insurance company doing business without comjdylng with law, a misdemeanor, § 439. Law, acts punishable under, § 65.". 952 INDKX FOREIGNERS. See Aliens. FOREMAN OF GRAND JURY. Aii])oiiitiiuMit of, § Un2. liKliutiiieiit presented by, § 944. May administer oath to witnesses, § !)18. Oath of, § 903. Piesentnieiit must be signed by, § 9H1. FORESTRY. Fines for violation of statute relating to fires, paid into forestery fund, § 384. FORESTS. Fires, provision for prevention of and ]iunishinent for violation of, § 384. Fires, refusing assistance in oombal ing, punishment of, § 384. FORFEITURE. See Fines. Bail, of, §§ 979, 1305-1307, 1570. Convict, forfeits what rights, § 673. Conviction not to work, § 0)77. Credits, forfeiture by prisoners and restoration of, § 1588. Credits of prisoner for good behavior, §§ 1590, 1591. Deodand abolished, § 677. Disposed of, how, §§ 1457, 1570. License, for holding mocli auctions, § 535. Lottery, property offered for disposal in, § 325. Officer's failure to pay over, a misdemeanor, § 427. Of property, abolished, § 677. Ordinances, forfeitures for violation of, disposition of, § 1570. Undertaking of witness to appear, forfeiture of, for non-appear- ance, § 1332. FORFEITURE OF OFFICE. Acting or receiving bribes, for, § 68. Acting without qualifying, for, § 65. Conviction of crime, for, §§ 98, 673. Criminal acts, for, failure of code to specify does not affect, § 10. Executive officer receiving bribe forfeits otKce, § 68. Inhumanity to prisoners, for, § 117. Judge receiving part of reporter's fees forfeits office, § 94. Legislator receiving bribe forfeits office, § 86. Legislators, by, § 88. Office, forfeiture of, for taking what rewards, § 74. Receiving rew'ard for appointment, for, § 74. State printer guilty of misconduct, forfeits office, § 100. Violation of duties, for, § 601. FORGERY. Acts amounting to, § 470. Bank bills, of, expert testimony as to forgery, § 1107. Bank bills, of, incorporation of bank may be proved by general reputation, § 1107. Counterfeiting coin, bullion, etc., what constitutes, § 477. Defined, § 470. Election laws, substituting forged or counterfeited returns, j)un ishment of, § 50. Election returns, of. punishment of, § 5(1. I'^videnco, forged, offering, a felony, § l.'VJ. INDEX. 953 FORGERY. (Continued.) Evidence of incorporation on forgery of bank bills and notes, § 1107. Fictitious bills, notes, or cbeck, niaking, uttering ete., punisliment of, § 476. [nitiative, referendum or ncal] petition, signing name of another to, § 472a. Labor union, of trademark of. See Labor Organizations. In general, § 470. instruments subject of, § 470. Misdescription in indictment or information for, wlien instrument destroyed or witlilield, is immaterial, § 965. Passing or receiving forged notes or bills, punishment of, § 475. Possession of blank or uufinislied notes or bank bills, punishment of, § 475. Possession of forged bills and notes, punishment of, § 475. Public documents, of, punishment of, §§ 113, 114. Punishment of, § 473. Railroad ticket, check, etc., punishment of, § 481. Railroad ticket, check, etc., restoring, punishment of, § 482. Record, offering forged instrument for, a felony, § 115. Records, making false entries in or alteration of books of, is, §471. Records, of, punishment of, §§ 113, 114. Returns, of, § 471. Seal, possession of counterfeited, when is forgery, § 472. Seals, of, what constitutes, § 472. Telegraph message, false aiding to send, punishment of, § 474. Telegraph message, of, punishment of, § 474. Telegrai^h, sending false message by, punishment of, § 474. Telephone message, false, aiding to send, punishment of, § 474. Telephone, sending false message by, punishment of, § 474. Ticket, pass, etc., forging, altering, etc., punishment of, § 481. Tickets, pass, etc., restoring with intent to defraud, punishment of, § 482. Trade-mark, forging, a misdemeanor, § 350. What constitutes, §§ 470, 471. FORM. Accusation against officer, § 759. All forms of pleading are prescribed by code, § 948. Bail after indictment, form of undertaking, § 1287. Bail after recommitment, form of undertaking on, § 1316. Bail before indictment, § 1278. Bench-warrant, §§ 981, 982, 1197. Bench-warrant after conviction, § 1197. Bench-warrant under indictment or information, § 981. Commitment, §§ 863, 872, 873, 877. Coroner's warrant, § 1518. Defect in form of warrant of commitment not ground of dis- charge on habeas corpus, § 1488. Defect in form or writ of habeas corpus does not justify disobe- dience when, § 1495. Demurrer, § 1005. Discharge of defendant, § 871. Indictment, § 951. Information, § 951. Oath by officer to inventory made of property seized under search-warrant, § 1537. 0r)4 INDEX. FORM. (Coiitiiniou.) Oath of foreman of jfrand jiirv, § Dfl.'J. Oath of grand .inror. §901. Oath of juror in police or justice's court. § 1437. Oath of oflicer haviiijj charge of jury, § 1140. Olijoction to accusation, § 7().'i. Order for bail on commitment where offense bailable. § S7.5. Order holding defendant to answer, §§ 872, 873. Pleas, forms of, § 1017. Search-warrant. §§ 1.523, l.')28, L529. Subpoena, § 1327. Summons to corporation, § 1391. Undertaking of bail after reeominitment, § 131G. Undertaking on bail, §§ 1278, 1316. Verdict, §§ 1151, 1158. Verdict on previous conviction, § 1158. Verdict, special, § 1154. Warrant of arrest. §§ 814, 1427. Warrant of arrest issued by coroner, § 1518. FORMER ACQUITTAL. See Former Jeopardy. FORMER CONVICTION. See Former Jeopardy. How eliarged in indictment or information, § 969. Not more than two to be charged in indictment or information, §969. FORMER JEOPARDY. See Former Conviction; Indictment; Infor- mation; Plea. Acquittal, discharge of defendant that he mav be witness is a bar, §1101. Acquittal, former, a bar, though indictment defective, § 1022. Acquittal in prosecution under different code section as a bar, §654. Acquittal, what is a former, § 1022. Acquittal, what is not former, § 1021. Arrest of judgment, when and when not a bar. § IISS. Compromise of offense bars further prosecution, § 1378. Conviction in prosecution under different code section, § 654. County, acquittal or conviction in another county, effect of, § 794. Demurrer to indictment sustained, whether bar to another prose- cution, § 1008. Discharge of defendant that he may be witness is a bar, § 1101. Dismissal of action as bar, § 1387. Foreign acquittal or conviction, effect of, §§ 656, 793. Higher offense, conviction or acquittal of, effect of, § 1023. Higher offense, for, bars prosecution for offense included within, § 1023. Indictment or information, dismissal of, is not, § 1021. In general, § 654. Judgment on plea of, § 1155. Jury discharged, retired of cause, §§ 1141, 1147. Justice's court, retrial of defendant on discharge of jury, § 1444. Merits, acquittal on, is a bar, § 1022. New trial, effect of, § 1180. Offense included in former charge, former jeopardy a bar to, § 1023. Once in jeopardy, form of plea of, § 1017. Plea of, form of, §1017. INDEX. 955 FORMER JEOPARDY. (CoutiimcL) Plea of, issue of fact arises on, §1041. Plea of, may be entered, § 101 (i. Plea of may he pleaded either with or without the ])]ea of not guilty, § 1016. Proof of,"§ 1204. Second prosecution prohibited, § 6S7. Setting aside indictment or information no bar to future prose- cution, § 999. Variance, acquittal on ground of, § 1021. Verdict, jury i^revented from giying, trial again, § 1141. Verdict on plea of, form of, § 1151. What is a former acquittal, § 1022. What not a former acquittal, § 1021. FORNICATION. See Adultery; Prostitution. FOXES. See Game Laws. Are predatory animals, § 637"^4. FRAUD. See Cheat; False Personation; False Pretenses; Mortgage. Agent, false statement by, punishment of, § 536. Auction, mock, punishment for, § 535. Bill of lading in preparing or subscribing, punishment of, § 541. Bills of lading, etc., fraudulent issue, §§ 577-580. Birth of infant, in respect to, punishment of, § 156. Certificate, false issuance by oflScer, a misdemeanor, § 167. Cheek, drawing with knowledge that one has no funds or credit, § 476a. Concealing property by debtor, punishment of, § 154. Concealing property by defendant, punishment of, § 155. Consignee, false statement by, punishment of, § 536. Conspiracy to defraud, punishment of, § 182. Corporation. See Corporation. Corporation, fraudulent acts of officer or agent, punishment of, § 563. Corporation, in organizing or increasing capital, punishment of, §558. Corporation, publishing prospectus of, fraud in, punishment of, §559. Corporation, unauthorized use of names in i:)rospectus, circular, etc., a misdemeanor, § 559. Corporations, in keeping accounts of, punishment of, § 563. Corporations, in procuring organization of, punishment of, § 558. Corporations, subscriptions of stock, in, a misdemeanor, § 557. Dairy products, using inaccurate or false tests as to, a misde- meanor, § 381a. Debtor, fraudulent acts committed to defraud creditors, punish- ment of, §§ 154, 155, 531. Deeeiying witness, a misdemeanor, § 133. Documents, fraudulent issue, §§ 577-581. Drawing check with knowledge one has not funds or credits, pun- ishment of, § 476a. Druggist, fraud by, punishment, § 380. Election frauds. See Elections. Election officers, fraudulent acts of, punishment, § 41. Elections, fraudulent registration, punishment of, § 42. Evidence fraudulently altered, offering, a felony, § 132. False imprint, stamps, and labels on goods, a misdemeanor, § 349a. 956 JNDEX. FRAUD. (Contimiod.) I";ils(< maiiilVst. invuifc, hill ol' ladiii;,', clc, iiiiikin^ of, |itiiiisli- inciit of, § ij41. Kalse jiedigrce, giviiijr to ;iiiiinal, a iiiisflciiioanor, § "i.'JTa. False ]iersoiiation, iiiarria{;;o iiii(lcr, a felony, § r)2S. False proofs upon insurance pnlicv, luinislniieiit fop jirosentiiif;, § 549. False registration of animals a misdemeanor, § .j;57a. False reports by ollicers or agents, a felony, § 564. False representations as to quality or merits of goods sold or advertised, misdemeanor, § 654a. False statement by broker, agent, etc., punishment of, § 5.36. False statement to principal, a misdemeanor, § 536. False weights and measures. See Weights and Measures. Gambling, winning at, by fraudulent means, punishment of, § 332. Indictment or information, sufficiency of, § 967. Infant, fraudulently taking or enticing away, punishment of, §278. Initiative petitions, fraud in a felony, § 472a. See Initiative. Innkeepers, boarding-liouse keepers, and lodging-house keepers, defrauding, a misdemeanor, § 537. Insolvency, fraudulent, §§ 557-572. Intent to defraud, sufficiency of, § 8. Invoice, ship's register, protest, etc., preparing fraudulent, pun- ishment of, § 541. Joint-stock company, fraud in keeping accounts of, punishment of, § 563. Kidnaping by means of false representations, punishment of, § 207. Labels, false, on goods, penalty, § 349a. Labels on goods, false, a misdemeanor, § 349a. Labor employed in producing goods, misrepresenting kind of, pun- ishment of, § 349a. Labor union, misrepresentations regarding employment of, pun- ishment of, § 349c. Livery-stable keeper, defrauding, a misdemeanor, § 537b. Market price, to affect, a misdemeanor, § 395. Married person conveying or mortgaging lands, under false rep- resentations, punishment of, § 534. Misrepresentations as to union labor. See Labor; Master and Servant. Misrepresentations or conditions of employment, punishment. Appendix, tit. "Master and Servant." Mock auction, obtaining money or property by, punishment of, §535. Mortgaged personalty, transfer of, punishment of, § 538. Officer, false statement by, a felony, § 564. Putting in extraneous substances in goods sold to increase weight, punishment of, § 381. Quality of goods sold, false statements as to, punishment of, § 654a. Recall petitions, fraud in a felony, § 472a. See Recall. Referendum j^etitious, fraud in a felony, § 472a. See Referendum. Registration of animals, fraud in, a misdemeanor, § 537i/l>. Selling laud twice, punishment of, § 533. Ship's register, fraud in, punishment of, § 541. Special partner, fraud of, a misdemeanor, § 358. Subscription to stock, in, punishment of, § 557. INDEX. 'J57 FRAUD. (Continued.) Substituting child, punishment of, § 157. Telegraph or telephone message, procuring by fraud, punishment of, § 621. , Union labor, misrepresentations regarding employment of, pun- ishment of, § 349e. Weights and measures, false, §§ 552-555. See Weights and Meas- ures. Wine, fraud in manufacture and sale of. Appendix, tit. ''Adul- teration." Winning at play by, punishment of, § 332. Wrecking property with intent to defraud, punishment of, § 539. FRAUDULENT CONVEYANCE. By debtor, a misdemeanor, §§ 154, 155, 531. By debtor, punishment of, §§ 154, 155. Committing acts to defraud creditors, punishment of, §§ 154, 155, 531. Penalty for being party to, § 531. FRAUDULENT INSOLVENCIES. By corporations, etc., §§ 557-572. FRAUDULENT REPRESENTATIONS. See Fraud. FREEHOLD. Malicious injuries to, a misdemeanor, § 602. Malicious trespass to, a misdemeanor, §§ 602, 603. FRESNO COUNTY. Act to protect stock-raisers in, continued in force, § 23. FUGITIVES FROM JUSTICE. See Extradition. Forfeitures abolished, § 677. From this state, expense of return of, § 1557. Governor, when may oii'er reward for, § 1547. Homicide in arresting, when justifiable, § 196. Keceiving fee for services in arresting, a misdemeanor, § 144. Kewards for apprehension of, § 1547. FUNDING ACTS. Continued in force, § 23. FUNDS. Fish and game preservation fund. See Fish and Game Commis- sioners. FUTURE. Words in present tense include, § 7. G GALLINULE. See Game Laws. GAMBLING. See Gambling-House. Aiding, § 337. Betting upon contests of skill, speed or endurance, prohibition and punishment of, § 337a. Bookmaking, prohibition of and punishment for, § 337a. Card machines, use of prohibited, § 330a. JJ58 INDEX. GAMBLING. (Continued.) Dice lia\ ing niorp tlian six fncos, use of, punislinicnt for. § .■?.Tnn. Klection, on. a inisdcMnoanor, § (50. Gianies. ])roliil)itc(l, enuinoiation of, § 3i>0. Infant, permitting to gamble in saloon, a misdemeanor, § 336. Lessee ]iern)itting infant to gamble in saloon, a misdemeanor, § 33(5. Licensing, § 337. Lotteries. See liOtteries. Machines, use of what prohibited, § 330a. Market price, fraud to affect, § 395. Officers' duties respecting, § 335. Officers, neglect of or refusal to do duty a misdemeanor, § 335. Officers or otiicrs giving authority to conduct, punishment of, § 337. Officers or others receiving consideration for j)rotcction, punish- ment of, § 337. Officer voting for ordinance or by-law giving authority to conduct, punishment of, § 337. Owner permitting propertv to be used for, punishment of, §§ 330a, 337a. Permitting by owner or lessor of building, punishment of, §§ 331, 336. Pool-selling, liability of owner of premises where carried on, § 337a. Pool-selling, prohibition of and punishment for, § 337a. Punishment of, § 330. Slot machines, use of prohibited, § 330a. Supervisors voting for ordinance permitting, punishment of, § 337. Winning at play by fraudulent means, punishment of, § 332. Witness, no prosecution can be had against because of testimonv, §334. Witness' not privileged from testifying, § 334. Witness' refusal or neglect to attend trial, a misdemeanor, § 333. GAMBLING-HOUSE. Prevailing upon person to visit, punishment of, § 318. Sending infant under eighteen to, a misdemeanor, § 273f. GAME COMMISSIONERS. See Fish and Game Commissioners. GAME LAWS. Abalone, blaclj, closed season for, § 62S. Abalone, black, protection of, § 628. Abalone caught without waters of state, inspection of by commis- sion and cost of, § 628. Abalone, caught without waters of state not aifected by act, § 628. Abalone, green, closed season for, § 628. Abalone, green, protection of, § 628. Abalone meat, provision relating to shipment of, repealed, § 628g. Abalone, penalty for violating statute as to, § 628d. Abalone, pink, closed season for, § 628. Abalone, pink, protection of, § 628. Abalone, protection of, §§ 628, 628g. Abalone, red, closed season for, § 628. Abalone, red, protection of, § 628. Abalone shells, penalty for violating statute as to, § 628d. Albicore, protection of, § 628e. Animals, game, killing at night a misdemeanor, § 626m, iNPKx. 959 GAME LAWS. (Continued.) Animals, imitation of, use of .as blinds a misdemeanor, § fi2(in. Animals, may be used in hunting or approaching birds, § 626n. Animals, predatory, enumerated, § GSlVj. Animals, predatory, killing in certain districts without permis- sion, punishment of, § 626s. Animals, use of as blinds a misdemeanor, § 626n. Antelope, penalty for taking or killing, § 631c. Antelope, protection of, § 626e. Artificial obstructions in streams, fish commissioners to examine, §637. Badgers are predatory animals, § 6371/^. Bag limits, § 626d. See particular subject. Barracuda, protection of, § 628e. Bait, use of salmon or steelhead trout as, provision repealed, § 632b-3. Bass, black, closed season for. § 62Sb. Bass, black, penalty for violating statute as to, § 628d. Bass, black, protection of, § 628b. Bass, striped, closed season for, § 628a. Bass, striped, limit on catch, § 62Sa. Bass, striped, nets for catching, regulation of, § 636. Bass, striped, penalty for violating statute as to, § 628d. Bass, striped, protection of, § 628a. Beach seines, prohibition against use of, § 6.36. Beaver, protection of, § 620p. Birds, carrier carrying nongame wild birds within or beyond con- fines of state, § 637d. Birds, game, killing at night a misdemeanor, § 626m. Birds, game, what birds are, § 637a. Birds, nests or eggs, right to take for science on certificate, § 637e. See post, tits. "Propagation" and "Science," this subject. Birds, nests or eggs taken for science under certificate, proceed- ings where certificate becomes void, § 637e. Birds, netting or trapping of, § 631. Birds, non-game, killed on premises not to be shipped or sold, § 637a. Birds, non-game, right to keep as pets, § 637a. Birds, non-game, right to kill on premises where destroying ber- ries, fruits, etc., § 637a. Birds, non-game, what birds are, § 637a. Birds, non-game, what birds are not protected by statute, § 637a. Birds, particular bird. See particular subject. Birds, predatory, killing in certain districts without permission, punishment of, § 626s. Birds, predatory, what birds are, § 6371,4. Birds taken for science under certificate, proceedings where cer- tificate violated, § 637e. Birds, taking for science under certificate, § 637e. Birds, wild, catching or possessing, § 637a. Birds, wild, killed on premises not to be shipped or sold, § 637a. Birds, wild, nests or eggs of, destroying or possessing, § 637f. Birds, wild, plumage, skin, or body not to be sold or had in pos- session, § 637a. Birds, wild, protection of, § 637a. Birds, wild, right to keep as pets, § 637a. Birds, wild, right to kill on premises where destroying berries, fruit, etc., § 637a, UGO iNDi:x. GAME LAWS. (Continued.) Jiirds, wild, selling, transportiiifj, or sliiltjiing, S GI^Ta. Birds, wild, what birds are not protected by statute, § G37a. Black sea-brant. See Brant, Black iSea, this title. Blinds, animals use of as a misdemeanor, § 62(3n. Blinds, animals, use of imitations of a blind a misdemeanor, § G2()n Blue cranes, capture and destruction of, § 599. Blue-jays are ])redat()ry birds, § 037^/^. Boats, shooting ducks from, what forbidden, § 62fio. Bob-white, shooting on private grounds, penalty, § G27. Brant, black sea, limit ou amount that can be shijiped in one dav, § 627b. Brant, black sea, limit on bags, § 62Gd. Brant, black sea, protection of, § 62Gp. Brant, closed season for, § 626. Brant, protection of, § 626. Business of dealing in fish, game or animals, license for, § 630. Business of dealing in fish, game, or animals, register of purchases, keeping of and contents of, § 630a. California whiting, protection of, § 62Se. Carrier, shipments by, limit on amount of, § 627b. Carrier to label shi])ments of game, § 627b. Carrier, transportation of game out of state for propagation or science, § 627a. Carrier, transportation of game out of state, penalty, § 627a. Carrier, transportation of game, regulations governing a.nd pun- ishment for violating, § 627b. Carriers, carrying non-game birds within or l)eyoud confines of state, § 637d. Carriers, regulations governing transportation of fish, § 632a. Carriers, shipping or transporting wild birds forbidden, § G37a. Catch of abaloue, in game district numbers 19 and 20, limit on, § 628. Catch of black bass, limit on, § 628b. Catch of blue gill or green sunfish, limit on, § G28b. Catch of crappie, limit on, § 62Sb. Catch of Pismo clams, limit on, § 62Sf. Catch of razor clams, limit on, § 628f. Catch of Sacramento perch, limit on, § 628b. Catch of shad, limit on, § 628a. Catch of striped bass, limit on, § 628a. Catch of trout, limit on, § 632. Catfish, closed season for, § 628. Catfish, protection of, § 628. Cats, ring-tail, are predatory animals, § 637i/l>. Cats, wild, are predatory animals, § 6371/2- Certificates to take birds, nests, or eggs for science, issuance of, § 637e. Certificates to take birds, nests, or eggs for science, proceedings on violation, § 637e. Certificates to take birds, nests, or eggs for science, when expire, § 637e. Chinese shrimp or bag nets, use of a misdemeanor, § 628i. Chinese shrimp or bag net, use of to catch shrimp in district No. 13 permitted, § 62Si. Chinese sturgeon lines, use of prohibited, § 636. Clams, Pismo, limit on catch, § 62Sf. INDEX. 961 GAME LAWS. (Contiuued.) Clams, i'isnio, protection of § 62Sf. Clams, razor, limit on catch, § G2Sf Clams, razor, protection of § 628f. Clams, short neck, protection of, § (328f. Closed season for fish or game. See particular subject. Closed season in particular district. See particular district. Cockles, protection of, § tiSSf. Code, efi'ect of on statutes respecting, § 23. Commissioners, fish and game, governor appoints, § 368. Coons are predatory animals, § 637 1/^. Cougars are predatory animals, § 637 1/^. Coyotes are predatory animals, § 637%. Crab, closed season for, § 628. Crabs, penalty for violating statute as to, § 628d. Crab, protection of § 628. Crabs, use of Chinese shrimp or bag nets to catch a misdemeanor, § 628i. Cranes, blue, capture and destruction of, § 599 Crane, little brown, protection of, § 626. Crane, sandhill, protection of, § 626. Crane, whooping, protection of, § 626. Crappie, closed season for, § 62Sb. Crappie, limit on catch, § 628b. Crappie, protection of, § 628b. Crawfish, closed season for, § 628. •Crawfish, penalty for violating statute as to, § 628d. Croaker, spot fin. protection of, § 62Se. Crustaceans included in word "fish," § 628f. Cruelty to animals, provisions relating to do not affect, § u99c. Cultivated land, hunting on, penalty, § 627. Curlew, hunting on private ground, penalty, § 627. Curlew, limit of amount that can be shipped in one day, § 627b. Curlew, netting or trapping of, § 631. Curlew, transportation out of state except for science or propaga- tion forbidden, § 627a. Dams, fish commissioners to examine, § 637. Dealer in fish and game, neglect or refusal to produce register a misdemeanor, § 630b. Dealers in fish, game, mollusks and crustaceans, failure to make reports a misdemeanor, § 630a. Dealers in fish, game, mollusks and crustaceans, fines for fail- ure to report payable into fish and game preservation fund, § 630a. Dealers in game, fish, mollusks and crustaceans to make monthly reports to commission, § 630a. Dealers, wholesale, who are, § 630a. Deer, duty to retain and produce pelt and portion of head, § 626e. Deer, female pelts, transportation or possession of a misdemeanor, § 626h. Deer, female, penalty for taking or killing, § 631e. Deer, female, protection of, § 626e. Deer, hunting on private ground, penalty, § 627. Deer, limit on killing or possessing during one season, § 626i. Deer, limit on number that may be shipped into state during closed season, § 626i. Deer, male, closed season for, § 626f. Pen. Code— ?l 962 INDEX. GAME LAWS. (Continued.) Ut'cr, nialo, ]iiotei'tion of, § ()2Gf. Deer meat, possession ol' during closed season, a misdemeanor, § 62(jf. Deer on Mt. Diablo, act to jirevent destruction of. Appendix, tit. "Game Laws." Deer, only two may bo killed in one season, § G26i. Deer, pelts, affidavit of killing deer and issuance of tag for pelt. § ()2l)h. Deer, pells, affidavit of killing of deer, false statement in a mis- tlemeanor, § G2()h. Deer, pelts, affidavit of killing deer, fee for taking, § 626h. Deer, pelts, affidavits of killing deer, who may take, § 626h. Deer, pelts, buying, selling of transporting, when not tagged a misdemeanor, § 62(ih. Deer, pelts, fines or forfeitures for violation of law paid to fish and game preservation fund, § 62Gh. Deer, pelts, from which evidence of sex removed, transporta- tion or possession of a misdemeanor, § 626h. Deer, pelts, issuance of tags for and limit upon number, § 626h. Deer, pelts, penalty for violating provisions of law as to, § ()2Gh. Deer pelts, provisions as to do not apply to deer killed in foreign country, § 626h. Deer, pelts, purchasing or selling a misdemeanor, § 626h. Deer, jielts, spotted fawn, transportation or possession of a misde- meanor, § 626h. Deer, pelts, tagged, right to transport and sell, § G2Gh. Deer, pelts, tagging of, § G26h. Deer, pelts, tags for, counterfeiting or altering a misdemeanor, § 626h. Deer, pelts, tags for, design, form of and number of, § 62Gh. Deer, pelts, tags for, issuance of and receipts for, § 626h. Deer, pelts, tags for, time within which to be issued, § G2Gh. Deer, pelts, tags possession of unattached a m.isdemeanor, § G2Gh. Deer, pelts, tags, unused to be returned to fish commissioners, § 626h. Deer, pelts, tags, wrongfully attaching to pelt a misdemeanor, § 626h. Deer, pelts, tanner purchasing to punch holes in tags, § 626h. Deer-pelts transporting from state forbidden, § 627a. Deer shipped from another state or country, possession during closed season a misdemeanor, § G26f Deer, spiked buck, what deemed to be, § 626e. Deer, spotted buck, protection of, § 626e. Deer, spotted fawn, pelts, transportation or possession of a mis- demeanor, § G2Gli. Deer, spotted fawn, protection of, § 626e. Deer, tracking with more than one dog a misdemeanor, § 626j. Deer, transportation from state except for science or propagation, § 627a. District No. 1, nets, use of in a misdemeanor, § 636. District No. 1, trout, closed season for, § 632. District No. 1, trout, cut-throat, black spotted or Tahoe, right to catch, buy or sell in, § 632. District No. 1, trout protection of in, § 632. District No. 1, white fish, closed season for, in, § 632. District No. 1, white fish, protection of, § 632. District No, 2, cleer, raal?, closed season for § 626f. INDEX. 963 GAME LAWS. (Coutiuued.) District No. 2, deer, male, protection of, in, § 626f. District No. 2, deer, male, shipped from another state or country, possession of a misdemeanor, § (i26t'. District No. 2, deer meat, possession of during closed season a misdemeanor, § 62tif. District No. 2, grouse, closed season for, § 626. District No. 2, grouse, protection of in, § 626. District No. 2, nets, use of in a misdemeanor, § 636. District No. 2, quail, mountain, closed season for, § 026. District No. 2, quail, mountain, protection of in, § 626. District No. 2. trout, closed season for, § 632. District No. 2. trout, protection of in, § 632. District No. 2, trout, right to take by hook and line in, § 632. District No. 3, bass, black, jirotection of, § 628b. District No. 3, deer, male, closed season for, § 626f. District No. 3, deer male, protection of in, § 626f. District No. 3, deer, male, shipped from another state, possession of a misdemeanor, § 6261'. District No. 3, deer meat, possession of during closed season a misdemeanor, § 626f. District No. 3, grouse, closed season for, § 620. District No. 3, grouse, protection of in, § 626. District No. 3, nets, use of in, a misdemeanor, § 636. District No. 3, quail, mountain, closed season for, § 626. District No. 3, quail, mountain, protection of in, § 626. District No. 3, trout, closed season for, § 632. District No. 3, trout, protection of in, § 632. District No. 4, bass, black, protection of, § 62Sb. District No. 4, deer, male, closed season for, § 626f. District No. 4, deer, male, protection of, § 626f. District No- 4, deer, male, shipped from another state or country, possession of during closed season a misdemeanor, § 626f. District No. 4, deer meat, possession of during closed season a misdemeanor, § 626f. District No. 4, grouse, closed season for, § 026. District No. 4, grouse, protection of in, § 620. District No. 4, nets, use of in a misdemeanor, § 030. District No. 4, quail, mountain, closed season for, § 626. District No. 4, quail, mountain, protection of, in, § 626. District No. 4, trout, closed season for, § 632. District No. 4, trout, protection of in, § 632. District No. 4, white fish, closed season for, § 632. District No. 4, white fish, protection of in, § 632. District No. 5, clam, protection of in, § 028f. District No. 5, crab nets, use of in, § 630. District No. 5, salmon, closed season for catching except with spear or hook and line, § 634. District No. 5, salmon, nets for catching, size of meshes, § 634. District No. 5, steelhead trout, right to take by nets and sell in, § 632. District No. 5, trout, closed season for, § 032. District No. 5, trout, protection of in, § 632. District No. 5, trout, steelhead, right to take in, § 634. District No. 5, white fish, closed season for, § 632. District No. 5, white fish, protection of in, § 032. District No. 6, clams, protection of in, § 628f. District No. 6, crab nets, use of in, § 636, 964 INDEX. GAME LAWS. (CoiitiiuRMl.) District No. G, .salinon catcliiiig betwecu C A. M. and 7:30 P. M. with nets bet ween Aii;;iist 1st and September 1st a misdc- nioanor, § 1)31. District No. 6, salmon, catciiing with nets, size of meshes, § 634. District No. (5, salmon, closed season for catching except with spear, hook and line, § (i.'M. District No. (i, steellioad trout, right to take bj' nets and sell in, § (J32. District No. 6, trout, closed season for, § (i32. District No. 6, trout, protection of in, § fi32. District No. 6, trout, steelhead, right to take in, § (J34. District No. 6, white fish, closed season for, § 632. District No. 6, Avhite fish, protection of in, § 632. District No. 7, clams, protection of in, § G28f. District No. 7, crab nets use of iu, § 636. District No. 7, salmon, closed season for catciiing except with spear or hook and line, § 634. District No. 7, salmon, nets for catching, size of meshes, § 631. District No. 7, steelhead trout, right to take bv nets and sell in, § 632. District No. 7, trout, closed season for, § 632. District No. 7, trout, protection of in, § 632. District No. 7, trout, steelhead, right to take in, § 634. District No. 7, white fish, closed season for, § 632. District No. 7, white fish, protection of in, § 632. District No. 8, clams, protection of in, § 628f. District No. 8, crab nets, use of in, § 636. District No. 8, crab, protection of in, § 628f. District No. 8, salmon, closed season for catching except with spear or hook and line, § 634. District No. 8, salmon, nets for catching, size of meshes, § 634. District No. 8, steelhead trout, right to take bv nets and sell in, § 632. District No. 8, trout, closed season for' § 632. District No. 8, trout, protection of in, § 632. District No. 8, trout, steelhead, right to take in, § 634. District No. 8, white fish, closed season for, § 632. District No. 8, white fish, protection of in, § 632. District No. 9, beach seines, use of in, § 636. District No. 9, circle, seine, purse or lampara net may be used in, § 636. District No. 9, clams, protection of in, § 628f. District No. 9, crab nets, use of in, § 636. District No. 9, crab protection of in, § 628f. District No. 9, salmon, closed season for catching except with hook and line, § 634. District No. 9, salmon, nets for catching, size of meshes, § 634. District No. 9, steelhead trout, right to take bv nets and sell in, § 632. District No. 9, trout, closed season for, § 632. District No. 9, trout, protection of in, § 632. District No. 9, trout, steelhead, right to take in, § 634. District No. 9, white fish, closed season for, § 632. District No. 9, white fish, protection of in, § 632. District No. 10, circle seine, purse seine or lampara net may be used in, § 636. District No. 10, crab nets, use of iu, § 636. INDEX. 965 GAME LAWS. (Continued.) District No. 10, nets use of in, § (Jo(j. District No. 10, trout, oloseil season for, § 63ll. District No. 10, trout, protection of in, § 632. District No. 11, beach seines, use of in, § 636. DistJict No. 11, circle seine, purse seine or lampara net may be used in, § 636. District No. 11, crab nets, use of in, § 636. District No. 11, trout, closed season for, § 632. District No. 11, trout, protection of in, § 632. District No. 12, beach seines, use of in, § 636. District No. 12, circle seine, purse seine or lampara net may be used in, § 636. District No. 12, crab nets, use of in, § 636. District No. 12, fyke nets, not complying with requirement, cat- fish caught in to be returned to water alive, § 636. District No. 12, fyke nets, right to use for catfish, carp, pike hard- head, split-tails or suckers, § 636. District No. 12, salmon, closed season for catching except with spear or hook and line, § 634. District No. 12, trout, closed season for, § 632. District No. 12, trout, protection of it, § 632. District No. 12a, beach seines, use of in, regulation of, § 636. District No. 13, beach seines, use of in, § 636. District No. 13, Chinese shrimp or bag net may be used to catch shrimp, § 628i. District No. 13, circle seine, purse seine or lampara net may be used in, § 636. District No. 13, crab nets, use of in, § 636. District No. 13, trout, closed season for, § 632. District No. 13, trout, protection of in, § 632. District No. 14, nets, use of in a misdemeanor, § 636. District No. 14, taking, catching or killing fish in any manner, a misdemeanor, § 636. District No. 14, trout, closed season for, § 632. District No. 14, trout, protection of in, § 632. District No. 15, salmon, closed season for catching, § 634. District No. 15, trout, closed season for, § 632, District No. 15, trout, protection of in, § 632. District No. 16, circle seine, purse seine or lampara net, use of in, § 636. District No. 16, trout, closed season for, § 632. District No. 16, trout, pirotection of in, § 632. District No. 17, circle seine, purse seine or lamapa net may be used in, § 636. District No. 17, crab nets, use of in, § 636. District No. 17, trout, closed season for, § 632. District No. 17, trout, protection of in, § 632. District No. 18, circle seine, purse seine or lampara net may be ^ised in, § 636. District No. 18, crab nets, use of in, § 636. District No. 18, nets, use of in, § 636. District No. 18, trout, closed season for, § 632. District No. IS, trout, protection of in, § 632. District No. 19, abalone, protection of, § 628. District No. 19, beach seines, regulation of use of in, § 636. District No. 19, beach seine, use of for smelt in, § 636. District No. 19, California whiting, protection of in, § 628e. OGG INDEX. Ill ISO spino or l;iin|i;ii ;i ml nuiy 1) ampara net may be GAME LAWS, (('out iinn'.l.) District No. IS*, ciicli' sci used in, § ()■?(>. District No. 10, crab nets, uso of in, S (VMt. District No. 19, crawfish traps. nsi> of in, § G36. District No. 19, nets, nse of in, § fiSfi. District No. 19, paranzolla or trawl nets, use of in forbiilden, § (536 1/.. District No. 19, jiaranzella or trawl nets, use of in, punishment for, § G361/... District No. 19, spot fin croaker, protection of in, § G28e. District No. 19, surf fish, protection of in, § 628e. District No. 19, trout, closed season for, § 632. District No. 19, trout, protection of, in, § 632. District No. 19, white fish, closed season for, § 632. District No. 19, wliite fish, protection of, in, § 632. District No. 19, yellow fin, protection of in, § 628e. District No. 20, abalone, limit on catch, § 628. District No. 20, abalone, protection of, § 628. District No. 20, nets, use of in a misdemeanor, § 636. District No. 21, circle seines or blanket nets, use of in, § 636. District No. 21, trout, closed season for, § 632. District No. 21, trout, protection of in, § 632. District No. 21, white fish, closed for, § 632. District No. 21, white fish, protection of in, § 632. District No. 22, beach seines, use of, in, § 636 District No. 22, circle seine, purse seine or used in, § 636. District No. 23, nets, use of in a misdemeanor, § 636. District No. 23, trout, catching within certain distances of mouths of streams unlawful, § 632. District No. 23, trout, closed season for, § 632. District No. 23, trout, cut throat, black spotted or Tahoe, right to catch, buy and sell in, § 632. District No. 23, trout, protection of in, § 632. District No. 23, white fish, protection of in, § 632. District No. 24, nets, use of in a misdemeanor, § 636. District No. 24, protection of wild birds and animals in, § 626s. District No. 24, trout, closed season for, § 632. District. No. 24, trout, protection of in, § 632. District No. 24, white fish, closed season for, § 632. District No. 24, white fish, protection of in, § 632. District No. 25, nets, use of in a misdemeanor, § 636. District No. 25, protection of wild birds and animals in, § 626s. District No. 25, trout, closed season for, § 632. District No. 25, trout, protection of in, § 632. District No. 26, nets, use of in a misdemeanor, § 636. District No. 26, protection of wild birds and animals in, § 626s. District No. 26, trout, closed season for, § 632. District No. 26, trout, protection of in, § 632. District No. 26, white fish, closed season for, § 632. District No. 26, white fish, protection of in, § 632. District No. 27, nets, use of in a misdemeanor, § QS6. District No. 27, protection of wild birds and animals in, § 626s. District No. 27, trout, closed season for, § 632. District No. 27, trout, protection of in, § 632. District No. 28, nets, use of a misdemeanor, § 636. District No. 28, protection of wild birds and animals in, § 626s. District No. 28, District No. 28, District No. 28, District No. 28, District No. 28, District No. 29, District No. 29, INDEX. 967 GAME LAWS, (Contiuued.) 28, trout, closed season for, § 632. trout, protection of in, § 632. water-fowl in, right to hunt in, § 626s. white fish, closed season for, § 632. white fish, protection of in, § 632. nets, use of in a misdemeanor, § 636. protection of wild birds and animals in, § 626s. District No. 29, trout, closed season for, § 632. District No. 29, trout, protection of in, § 632. District No. 29, white fish, closed season for, § 632. District No. 29, white fish, protection of in, § 632. Districts south of northern boundary of Mendocino county, grouse, closed season for, § 626. Districts south of northern boundary of Mendocino county, grouse, protection of in, § 626. Districts south of northern boundary of Mendocino county, quail, mountain, closed season for, § 626. Districts south of northern boundary of Mendocino county, quail, mountain, protection of in, § 626. Ditches, screens to be placed at inlet of, § 629. DoUv varden trout, right to purchase, possess or ship with invoice, "^g 634. Dogs, use of more than one in trailing deer, forbidden, § 626j. Doves, closed season, § 626a. Doves, hunting on private property, penalty, § 627. Doves, limit on amount that can be shipped in one day, § 627b. Doves, limit on bags, § 626d. Doves, possession during closed season, § 626a. Doves, protection of, § 626a. Doves, transportation out of state except for science or propaga- tion forbidden, § 627a. Duck, closed season for, § 626. Duck, hunting on private propert}', penalty, § 627. Duck, limit of amount that can be shipi^ed in one day, § 627b. Duck, limit on bags, § 626d. Duck, netting or trapping of, § 631. Duck, protection of, § 626. Duck, sale of, what permitted, § 626k. Duck, shooting from launch in motion forbidden, § 626o. Duck, transportation out of state, except for science or propaga- tion, forbidden, § 627a. Duck, wild, netting or trapping, penalty, § 631. Duck, wood, protection of, § 626. Effect of code on statutes respecting, § 23. Eggs, certificate to take for science, issuance, expiration and vio- lation of, § 637e. Eggs, destroying or possessing, §§ 626b, 637f. Eggs, wild birds, of, protection of, § 637f. Elk, killing a felony, § 699f. Elk, penalty for taking or killing, § 631c. Enumeration of game birds, § 637a. Exhibition, taking seals or sea-lions in Santa Barbara channel for, § 637c. Explosives in fishing, punishment for using, § 635. Explosives, possession of fish destroyed by, punishment of, § 635. False Bay, act to prevent taking of fish, by means of weirs, dams, nets, traps, or seines in. Appendix, tit. "Fish.'' 1)(J8 INDEX. GAME LAWS. (Continiioil.) I'ct" lOr license to rsiise frjiiin' ;iiiiiii;ils or l)ii(ls, S OMliI, Milxl. ]. l•'ee^s I'or tuf^ging ;iMiin;ils nr Mids liv j^aim' coiiimissioii, § (iii Id, siibd. ]2. Finch, house, is a predatoiw l)ird, § (537 Vj. Fines and forfeitures for failure of dealers in fish, game, etc., to report i)a3al)lc to fish and game preservation fund, § (JiiUa. Fines and forfeitures for \iolation of law as to deer pelts paid to fish and game preser\ation fund, § (il'Uli. Fines and forfeitures for violating game laws, paid to fish and game preservation fund, §§ CJL'Cih, (52Gk, G28d, 628h, G29, 63Ua, (i31b, (i;51d, subd. 9, ()32a, 6o2b, C33, 634, 6341/2, 635, 6851/2, 636, 636b, 6361/2, 637. Fines for failure to erect screens before canals, ditclies, flumes, etc., paid to fish commission, § 629. Fines for violation of law where license issued to raise game animals or birds, § 631d, subd. 13. Fish, acts for protection of fish in certain streams and lakes enumerated. See Fish. Fish, catching from pond, reservoir, or stream with hatchery, 62Sc. Fish, catching in private pond or reservoir, § 628c. Fish commission, catching fish in reservoir or pond controlled by, penalty, § 62Sc. Fish commission fund, payment of fines into, §§ 626h, 626k, 628d, 628h, 629, 630, 631b, 631d, subd. 9, 632a, 632b, 633, 634, 634M., 635, 6351/2, 636, 6861/2, 636b, 637. Fisli commissioners to e.xamine dams and obstructions in rivers, § 637. Fish commissioners to notify owners to construct fishways, § 637. Fishers are predatory animals, § 6871'^. Fish hatchery, catching fish in stream where located, § 628c. Fish hatchery, catching fish in stream where located other than by hook and line, § 62Sd. "Fish" includes all crustaceans and moUusks, § 628f. Fishing near Santa Catalina island limited to hook and line, § 6341/2. Fishing nets, seines, or lines, what unlawful, § 636a. See "Nets,"' post, this title. Fish, prohibitions as to, apply whether fish taken in state or im- ported, § 637b. Fish, regulations governing transportation, § 632a. Fish, right of state fish commission to take, §§ 628c, 638. Fish, right of United States fish commission to take, §§ 628c, 633. See post, tits. "Propagation" and "Science," this title. Fish, screens at inlet of irrigating ditch, mill-race, etc., § 629. Fish unsuitable for sale to be returned to water alive, § 628i. Fish, use of Chinese slnimp or bag nets to catch a misdemeanor, § 628i. Fish, young, catching and not returning to water, § 628e. Fish, young, catching by seine, § 62Sc. Fish, young, fresh or dried, offering for sale, § 628c. Fish, young, possession or sale of, § 628c. Fishways, authority of fish and game commission as to, § 637. Fishways, construction of, duty as to, § 637. Fishways, duty to construct over dams and artificial obstructions of waterways, § 637. Fishwavs, duty to keep open and free from obstructions, § 637. INDEX. 969 GAME LAWS. (Continued.) Fisliways, fines for violation of law relating to paid to fish and game preservation fund, § 637. Fishways, injury to, obstruction or destruction of, § 637. Fishways, necessity of, hearing before commission as to and pro- cedure on, § 637. Fishways, necessity for, hearing before commission on, powers of commissioners, § 637. Fishways, notifying owners to construct, § 637. Fishways, ordering building of by fish and game commissioners, §637. Fishways or ladders, penalties for not keeping, § 637. Fishwavs, penalty for catching fish within three hundred feet of, § 637. Fishways, penalty for not keeping open or repairing, § 637. Fishways, penalty for obstruction of or injury to, § 637. Fishways, provision for water passing through sufficient to main- tain fish, § 637. Fishways, punishment for violation of provisions relating to, §637. Fishways, streams frequented by migrator}' fish, in, § 637. Foxes are predatory animals, § 637 M.*- Gallinule, closed season for, § 626. Gallinule, protection of, § 626. Game birds, non-game birds, what birds are, § 637a. Game birds,*what birds are, § 637a. Game birds. See ante, "Birds," this title. Game birds, particular bird. See particular subject. Game commission, receipts from sale of animals or birds, disposi- tion of, § 631d, subd. 9. Game commissions, right to take fish for science or propagation, § 6341/0. Game commission, right to trap game to dispose of for domestica- tion or propagation, § 631d, subd. 8. Game preservation fund, creation of, § 631b. Game preservation fund, disposition of, § 631b. Game, preservation fund, payment of fines into, §§ 626h, 626k, 628d, 628h, 629, 630a, 631b, 631d, subd. 9, 632a, 632b, 633, 631, 634iL', 635, 6351/2, 636, 636b, 6361/., (337. Game, prohibitions in statute apply whether game taken in state or imported, § 637b. Geese, closed season for, § 626. Geese, honker, limit on bags, § 626d. Geese, limit on bags, § 626d. Geese, protection of, § 626. Golden trout, fish commission of state and United States may take for science or propagation, § 633. Golden trout. See post, Trout, this title. Gophers, are predatory animals, § 637i/>. Grouse, closed season for, § 626. Grouse, hunting on private property, penalty, § 627. Grouse, limit on amount that can be shipped in one day, § 627b. Grouse, limit on bags, § 626d. Grouse, netting or trapping of, § 631. Grouse, netting or trapping, penalty, § 631. Grouse, protection of, § 626. Grouse, transportation out of state except for science or pro|>aga- tion for])idden, § 627:i. 970 INDEX. GAME LAWS. (Coiitiiuioi].) Gulls, protection of, § 599. Halibut, southern, l)astar(I or cliickcn, ])rote('tion of, § (Jl'Sc. Hawk, Coopers, is a predatory bird, § ()H7'/_>. Hawk, duck, is a predatory bird, § fi^iT 'A. Hawk, sliarp-shinnod, is a jirediitory bird, § 637^X>. House finch is a i)redatory bird, § (i37Vj. Hunting on inclosed or cultivated land, penalty, §§ 384c, 627. Ap- pendix, tit. "Fences and Inclosures." Hunting on inclosed or cultivated land without permission, for- bidden, §§ ()()2, 627. Appendix, tit. "Fences and Inclosures." Hunting, signs prohibiting, how often to be posted, § 627. Hunting, signs prohibiting, tearing down, § 627. Ibis, bunting on private ground, penalty, § 627. Ibis, limit on amount that can be shipped in one day, § 627b. Ibis, netting or trapping of, § 631. Ibis, transportation out of state except for science or propagation forbidden, § 627a. Ice, fishing through ice forbidden, § 632(4). Imported, statutory prohibitions apply where fish or game is, § 637b. Imprisonment for use of explosives, § 635. Imprisonment for violation of, §§ 626q, 626s, 628d, 628h, 629, 631a, 631c, 632a, 632b, 633, 634, 634yo, 635, 636, 636i/,, 637c. Inclosed land, hunting on, penalty, § 627. Appendix, tit. "Fences and Inclosures." Inclosed land, killing animal, while hunting on, § 384c. Injury to oysters or shellfish nlanted a misdemeanor, § 602. Irrigating ditch, screens to be put at inlet of, § 629. Killing game at night forbidden, § 626m. Klamath Eiver, limits of tide-water in, § 634. Labeled, shipments of ^ame to be, § C27b. Launch, shooting ducks from, what forbidden, § 626o. License necessary to carry on business of dealing in fish or game, § 630'. License to raise game animals or birds, fees for tagging, § 631d, subd. 12. License to raise game animals or birds, issuance of, § 631d. License to raise game animals and birds, reports by licensee, § 631d, subd. 6. License to raise game animals or birds, right to kill in case of, § 631d, subd. 2. .License to raise game animals or birds, sale of, regulations gov- erning, § 631cl, subds. 3-7. License to raise game animals or birds, revocation of, § 63^, subd. 11. License to raise game animals or birds, tagging of animals trans- ported or sold and report on, § 631d, subd. 3; § 631d, subd. 4. License to raise game animals or birds, transportation, regula- tions governing, § 631d, subd. 3; § 631d, subd. 4. Limicolfp, limit on amount that can be shipped in one day, § 627b. Limicolfe, transporting out of state, except for science or propaga- tion, forbidden, § 627a. Limit on amount of game that can be shipped, § 627b. Limit on bags. See ante, "Bags," this title; also the particular subject. Limit on catch. See ante. Catch, this title. Lines, Chinese sturgeon lines, use of forbidden, § 636. INDEX. 971 GAME LAWS. (Continued.) Lines, use of, proliibitiong and regulations as to, § 636. Lines, use of what proliibited, § 636. Lines, violation of provisions as to, punishment of, § 636. Line, when a set line, § 636. Linnet, California, is a predatory bird, § 637 Vj- Lobster, closed season for, § 628. Lobster, penalty for violating statute as to, § 62Sd. Lobster, protection of, § 628. Lobster, spiny, caught without waters of state, inspection of by commission and cost of, § 628. Lobster, spiny, caught without waters of state not affected by act, § 628. Lobster, spiny, protection of, § 628. Martins are predatory animals, § 6371/4. Meadow-larks killed on premises not to be shipped or sold, § 637a. Meadow-larks, right to kill on premises were destroying berries, fruits, etc., § 637a. Merdocino count}', act to prevent taking fish by means of weirs, dams, nets, trajis or seines in certain streams in. Appendix, tit. "Fish." Mocking-birds and their nests, protection of. Appendix, tit. "Game Laws." Mice are predatory animals, § Q3T^/2- Minks are predatory animals, § 637 lA. Misdemeanors, violation of game laws are, §§ 626, 626a, 626b, 626e, 626d, 626e, 626f, 626g, 626h, 626i, 626j, 626k, 626m, 626n, 626o, 626p, 626q, 626s, 627, 627a, 627b, 628, 628a, 628b, 62Sc, 62Se, 628f, 628g, 628h, 62Si, 629. 630, 630a, 630b, 631, 632, 632a, 632b, 632(4), 633, 634, 634i.., 635, 635^2, 636, 636yo, 636b, 637a, 637c, 637f. Mokelumne river, fine for violating statute regulating fishing in, disposition of, § 636b. Mokelumne river, fishing with weirs, nets, traps, etc., in forbidden, § 636b. Mokelumne river, fishing with weirs, nets, traps, etc., in, punish- ment for violating provision as to, § 636b. Moles are predatory animals, § 6371/2. Mollusks included in word "fish," § 628f. Monterey bay. See post, Ne'ts, this subject. Mountain-sheep, penalty for taking or killing, § 631c. Mountain sheep, protection of, § 626e. Mt. Diablo, deer on, act to prevent destruction of. Appendix, tit. "Game Laws." Mudhen, closed season for, § 626. Mudhen, protection of, § 626. Nests, certificate to take for science, issuance, expiration and vio- lation of, § 637e. Nests, destroj^ing or possessing, §§ 626b, 637f. Nests, robbing, penalty, § 637f. Net or seine, catching young fish by, § 628c. Net or seine, what unlawful, § 636a. Nets, Chinese shrimp or bag nets, use of a misdemeanor, § 628i. Nets, commission may use to recover fish from overflowed lands, land-locked sloughs, etc., § 636. Nets, condemned, disposition of, § 036. Net, setting for fish, § 632. Nets, fines for violation of law regulating, disposition of, § 635i/>. 9/2 INDEX. GAME LAWS. (Conlimiod.) Nets for eatcliing salmon, regulation of, § (i.'JO. Nets for catching shad, regulation of, § 63G. Nets for catching striped bass, regulation of, § (l.'JO. Nets in particular districts, see i)articular districts. Nets, paranzella, using in Monterej* hay, forbidden, § 636 Vj. Nets, paranzella, using in Monterey bay, punisliment for, § 636M>. Nets, seines, etc., usetl in violation of law, declared public nuis- ance, S 636a. Nets, seines, etc., seizure, forfeiture, etc., of, § 636a. Nets, seines, etc., unlawful destruction of, § 636a. Nets, seines, etc., unlawful, proceedings for forfeiture of, § 636a. Nets, traps or weirs, etc., catching or killing birds or animals by, § 631. Nets, traps or weirs, possession, sale or transporting of birds or animals taken by, § 631. Nets, traps or weirs, taking birds or animals by, evidence, § 631. Nets, traps or weirs use of by state or federal commission for science or propagation, § 636. Nets, use of, prohibitions and regulations as to, § 63<). Nets used to catch salmon, size of meshes, § 634. Nets, use of two-inch mesh fish net a misderheanor, § 635^^. Nets, use of what prohibited, § 635^/^. Net, when a set net, § 636. Nevada County, protection of game in. Appendix, tit. "Game Laws." Night, killing game at night, forbidden, § 626m. Non-game birds. See ante, "Birds," this title. Non-game birds, carrying within or beyond confines of state, §637d. Non-game birds killed on premises not to be shipped or sold, § 637a. Non-game birds, right to keep as pets, § 637a. Non-game birds, right to kill on premises where destroying ber- ries, fruit, etc., § 637a. Non-game birds, what are not protected by statute, § 637a. Non-game birds, what birds are, § 637a. Notice forbidding shooting, injuring or tearing down, penaltj-, §627. Notice forbidding shooting, tearing down or mutilating, § 627. Otter, sea, protection of, § 626q. Owl, great horned, is a predatory bird, § 637^/;. Partridge, protection of, § 612c. Partridge, hunting on private property, penalty, § 627. Partridge, limit on amount that can be shipped in one day, § 627b. Partridge, netting or trapping of, § 631. Partridge, transportation out of state except for science or propa- gation forbidden, § 627a. Penalty for violating game laws. See ante, tits. "Misdemeanor" and "Punishment," this subject. Perch, Sacramento, catching, selling or killing up to certain time, forbidden, § 632b. Perch, Sacramento, closed season for, § 628b. Perch, Sacramento, limit on catch, § 628b. Perch, Sacramento, protection of, § 628b. Perch, Sacramento, punishment for violating statute as to, § 632b. Perch, salt water, protection of, § 628g. Pheasants, hunting on private propert}', penalty, § 627. INDEX. 973 GAME LAWS. (Contiiiiiod.) i'lieasants, propagated iu captivity, jsalo of, § (326c. Piieasants, protection of, § 62(5c. Plieasauts, right to import, rear aiul sell, § 626c. Pheasauts, transportation out of state except for science or propa- gation, forbidden, § 627a. Pigeon, wild, protection of, § 626. Pigeon, wild, transportation out of state except for science or propagation, forbidden, § 627a. Pismo clams, limit on catch, § 628f. Pismo clams, protection of, § 6'28f. Planting of fish, inspection of and permit from fish commission necessary, § 628h. Planting of fish, penalty for planting without inspection of and permit from fish commission, § 628h. Planting of shellfish, inspection of and permit from fish commis- sion necessary, § 628h. Planting of shellfish, penalty for planting without inspection of and permit from fish commission, § 628h. Planting of shellfish, entering on grounds or injuring or carrying away shellfish, § 602. Plover, black-breasted, closed season for, § 626. Plover, black-breasted, limit on bags, § 626d. Plover, black-breasted, protection of, § 626. Plover, golden, closed season for, § 626. Plover, golden, limit on bags, § 626d. Plover, golden, protection of, § 626. . Plover, hunting on private grounds, penalty, § 627. Plover, limit on amount that can be shipped in one day, § 627b. Plover, transportation out of state except for science or propaga- tion, forbidden, § 627a. Plumage, skin or body of wild bird not to be sold or had in pos- session, § 637a. Poisonous substances, catching or killing birds or animals by means of, § 631. Poisonous substances, possession, sale or transportation of birds or animals, taken by, § 631. Poisonous substances, taking birds or animals bv, evidence of guilt, § 631. Poisonous substances, taking birds or animals by, for science or propagation, § 631. Pollution of water, punishment for, § 635. Possession of snared bird, § 631. Possession of particular birds or animals. See particular sub- ject. Pounds, use of forbidden, § 636. Prairie-chickens, transportation out of state, except for science or propagation, forbidden, § 627a. Predatory animals enumerated, § 637%. Predatory animals, killing in certain districts without permission, punishment for, § 626s. Predatory birds, killing in certain districts without permission, punishment of, § 626s. Predatory birds, what birds are, § 637i/^. Preserves for breeding elk or deer, fencing of, § 631d, subd. 10. Private property, hunting on, penalty, § 627. T'rohibitions in statute apply whether fish or game killed in state or imported, § 637b. 074 INDEX. GAME LAWS. (Coutiiuicd.) I'roiiagation, nets, traps ur wi'irs, ll^^illy I'or purjiose of, § . Shrimp, dried, possession of, evidence of violation of statute, § 628. Shrimp, dried, possession or transportation of, a misdemeanor, §628. Shrimp, penalty for violating statute as to, § 628d. Shrimp, protection of, § 628. Shrimp shells, penalty for violating statute as to, § 628d. Shrimp, shells, possession of evidence of violation of statute, § 628. Shrimp shells, possession or transportation of, a misdemeanor, § 628. Shrimp unsuitable for sale to be returned to water alive, § 6281. Shrimp, use of Chinese shrimp or bag nets to catch a misde- meanor, § 6281. INDEX. 977 GAME LAWS. (Contimied.) fc^igus prohibiting huntiug, huw oftou to be posted, § 627. tSigus prohibiting hunting, tearing down, a misdemeanor, § 627. Skunks are predatory animals, § 637V:'. Smelt, use of beach seines for in District No. 19, § 636. Snipe, hunting on private property, penalty, § 627. Snipe, jack, limit on bags, § 626d. Snipe, limit on amount that can be shipped in one day, § 627b. Snipe, transportation out of state except for science or propaga- tion, forbidden, § 627a. Snipe, Wilson, closed season for, § 626. Snipe, Wilson, protection of, § 626. Sparrows are predatory birds, § 6o7\->- Spiked buck, what deer deemed to be, § 626e. Spot-fin protection of, § 628e. Spotted buck, protection of, § 626e. Spotted fawns, pelts of, transportation or possession of a misde- meanor, § 626h. Spotted fawn, penaltj- for taking or killing, § 631c. Spotted fawn, protection of, § 626e. Squirrels, tlying, are not piredatory animals, § 637V2. Squirrels, tree, are not predatory animals, § 6371/2- Squirrel, tree, limit on bag, § 626g. Squirrel, tree, protection of, § 626g. Squirrel, tree, provisions as to do not apply to Mendocino county, § 626g. Statutoiy prohibitions apply whether fish or game killed in state iniptorted, § 637b. Steelhead roe, prohibition against use of as bait repealed, § 632b3. Steelhead trout, definition of, § 631. Steelhead trout, provision for protection of repealed, § 6321,:!. Steelhead trout, right to under regulations of commission, § 632. Stocked pond or reservoir, catching fish in, penalty, § 628c. Striped bass, penalty for violating statute as to, § 62Sd. Sturgeon, closed season for, § 62S. Sturgeon, protection of, § 628. Suufish, bluegill, closed season for, § 628b. Sunfish, bluegill, limit on catch, § 628b. Sunfish, bluegill, protection of, § 628b. Sunfish, green, closed season for, § 628b. Sunfish, green, limit on catch, § 62Sb. Sunfish, green, protection of, § 628b. Sunfish, jjrotection of, § 62Se. Swan, protection of, § 626e. Transportation of game, limit on amount of shipments, § 627b. Transportation of game out of state for science or propagation, §§ 627, 627a. Transportation of game out of state, prohibited, when, § 627a. Transportation of game, regulations governing and punishment for violating, § 627b. Transportation of game, shipments to be labeled, § 627b. Transporting game or hides out of state, § 627a. Transporting non-game wild birds within or beyond confines of state, § 637d. Transporting wild birds forbidden, § 637a. Trapping quail, grouse, etc., § 631. Traps, use of by state or federal commission for science or propa- gation, § 638. Pen. Code — 62 078 INDEX. GAME LAWS, (('out iiiiird.) 'I'l-Mps, use (if Ciirliid.li'ii, S '^-'iil. Trespass in liiintiii^ (in iiicldscd jr i-nH i\ .-itcd land, punisliiiiciit J'or, § li27. Trout, {'alcliing at uiglit a misdemeauor, § ()2()m. Trout, Dolly Vardon, taken without slate, ri^ht to purchase, pos- sess or ship with invoice, § 634. Trout, golden, catching other than with hook and line, § 633. Trout, golden, closed season, § 633. Trout, golden, fish commission of state or United States may take for science or propagation, § 633. Trout, golden, limit on day's catch, § 633. Trout, golden, limit on size, § 633. Trout, golden, possession during closed season, § 633. Trout, golden, punishment for violating statute as to, § 633. Trout in particular districts. See particular district. Trout, limit on catch, § 632. Trout, protection of, § 632. Trout, steelhead, definition of, § 634. Trout, steelhead, provision for protection of repealed, § 6321/^. Trout, steelhead, right to sell under regulations of commission, § 632. Trout to be only talvcn by hoolt and line, § 632. Turkeys, wild, protection of, § 626c. Water company, duty to put screens over inlet to ditch, etc., § 629. Water company, failure to put screen over inlet or flume, penalty, §629. Water, pollution of, § 635. Weasels are jaredatory animals, § 637^/2. Weirs, use of by federal or state commission for propagation or science, § 636. Weirs, use of forbidden, § 636. White fish, protection of in particular district. See particular district. Whiting, California, protection of in, § 628e. Wild birds. See ante, "Birds," this sub.iect. Wildcats are predatory animals, § 6371/4. Wilson snipe, closed season for, § 626. Wilson snipe, protection of, § 626. Wolverines are predatory animals, § 6371/^. Wolves are predatory animals, § 637Vi!. Wood duck, protection of, $ 626. Yellow-fin, protection of, § 628e. Yellowlegs, closed season for, § 626. Yellowlegs, limit on bags, § 626d. Yellowlegs, protection of, § 626. Young fish, penalty for violating statute as to, § 628d. GARBAGE. See Pacific Ocean; Waters. GAS. See Gas Company. Not to be turned off at meter. Appendix, tit. "Gas." Pipe, injuring or obstructing, a misdemeanor, § 624. Stealing of, punishment of, § 498. GAS COMPANY. See Gas. Effect of code on statute respecting, § 23. Injury to works, a misdemeanor, § 624. INDEX. 979 GAS COMPANY. (Contiiuie.l.) Meter, iiiterferiug with, piuiiishiiuMit of, § VJS. Stealing gas, punishment of, § 4!)S. GATES. MaliciousI}- leaving open, a misdemeanor, § 602. GEESE. See Game Laws. GENDER. Of words in code, § 7. GENERAL VERDICT. See Verdict. GLANDERS. Failure to kill animal with, a misdemeanor, § 402b. Killing infected animals, § 402b. Sale or exposure of infected animal, a misdemeanor, § 402. Using or exposing animals with, a misdemeanor, § 402. GLASS. Throwing upon highway, punishment of, §^88a. GOLD COIN. Valuation to be estimated in, § 678. GOLDEN TROUT. See Game Laws. GOPHERS. See Game Laws. GOVERNOR. Commutations, reprieves, and pardons, power to grant, § 1417. Commutation. See Commutation. Death sentence, governor only can suspend except in certain cUses, § 1220. Death sentence, transmission of conviction and testimony to, § 1218. Director of state prison, vacancy in, governor fills, § 1573. Directors of state prisons, appoints with advice of senate, § 1573. Impeachment, liable to, § 737. Insurrection, power to declare county in, § 732. Insurrection, revoking proclamation of, § 733. May require opinions of supreme court judges and attorney-gen- eral on conviction inquiring death sentence, § 1219. Military, to order out to aid in executing process, when, § 725. Militia, power to order out to suppress insurrection, § 732. Militia, when may order out, §§ 728, 732. Offenses against, punishment of. Appendix, tit. "Conspiracy." Pardon, power of when convict twice convicted, § 1418. Pardons, etc., granted, to communicate facts as to, to legislature, § 1419. Pardon. See Pardon. Prisoners, restoration of citizenship to, power of governor, § 1579. Prisoners whose terms have expired, to order release of, § 1579. Report of prisoners whose terms about to expire to be made to, § 1579. Reprieve. See Reprieve. Reward for apprehension of fugitives, § 1547. Reward for arrest of person engaged in robbery, § 1547. Rewards. See Rewards. 980 INDEX. GOVERNOR. (('(iiitiinKMl.) 'I"i'!iiisiiiis!si(iii of coiix ii-t i(ui niid tcsliiiKjiiv t", '"n jii'lgiiKMit of death, §1218. Tit'MSon, ]ic)\viM' of (111 i'()ii\ irt inns for. S 1 118. GRAIN. liiJni-ioH to j;i()\viii<(, § (JUl. GRAND ARMY. Unlawfully wearing liadge of. ApjJendi.K, tit. "Graud Army." GRAND JURY. See Indictment. Acnisation against ofllccr, may present, § 7.58. Acting after challenge allowed, provision as to repealed, § 164. Advice of judge or district attorney, may ask, § 925. Challenge to jurors, sections 896-901 of Penal Code relating to, repealed, '§§ 896-901. Challenge, acting after allowance of, a misdemeanor, § 164. Challenge, decision on and entry of, provision repealed, § 898. Challenge, defendant mav challenge panel or individual juror, § 894. Challenge, effect of allowing, provision repealed, § 900. Challenge, how taken, provision repealed, § 897. Challenge, how tried, provision repealed, § 897. ('hallenge juror, who may, § 894. Challenge, may be oral or written, provision repealed, § 897. Challenge, objection to be taken only by, provision repealed, § 901. Challenge, opinion, etc., as ground for, provision repealed, § 896. Challenge, people may challenge panel or individual juror, § 894. Challenge to juror, allowance of, acting after a contempt, provi- sion repealed, § 900. Challenge to juror, allowance of, acting after, a misdemeanor, §§164,900. Challenge to juror, allowance of, grand jury to inform court if juror acts afterward, provision repealed, § 900. Challenge to juror, allowance of, juror cannot act after, provision repealed, § 900. Challenge to juror, causes for, provision repealed, § 896. Challenge to panel, not allowed for, § 895. Challenge to panel, defendant or the people may interpose, § 894. Challenge to panel, effect of allowing, provision repealed, § 899. Challenge to panel, indictment found afterward, set aside, pro- vision repealed, § 899. Challenge, tried by court, provision repealed, § 897. Charge of court, §§ 905, 928. Conduct of juror not to be questioned, § 927. Coroner, binding witnesses over to appear before, § 1514a. Corporation, investigation of charge against, § 1395. Custody, proceedings when defendant not in, § 945. Deliberation and inquiry into offenses, §§ 906, 915, 923. Deliberation, no one permitted to be present during, § 925. Discharge of, § 906. Discharge of defendant when on resubmission no indictment filed, § 998. Disclosing fact of indictment, a misdemeanor, § 168. Disclosing what transpired before grand jury^ a misdemeanor, § 169. Dismissal of charge by, effect of, § 942. INDEX. 981 GRAND JURY. (Continued.) Dismissal of charge, indorsement and return of depositions, etc., §941. Dismissal of charge, resubmission, § 942. District attorney may appear before, advise and examine wit- nesses, § 925. " District attorney, certified order of grand jury sufficient authority to maintain suit, § 929. District attorney, functions, powers and duties of, respecting, §925. District attorney, may order to issue process for witnesses, § 920. District attorney, ordering to institute suits to recover moneys due counties, § 929. Duties of generally, §§ 915, 923. Entitled to access to public prison, § 924. Entitled to examination of public records without charge, § 924. Evidence, character of evidence to be received by, § 919. Evidence, degree of to warrant indictment, § 921. Evidence, duty to weigh all, § 920. Evidence for defendant, need not hear, § 920. Evidence, ordering other to be produced, § 920. Evidence receivable before, § 919. Evidence taken before, delivering copy to defendant, §§ 925, 928. Evidence taken before, to be taken down and transcribed, § 925. Evidence taken before, transcription of, to be filed with clerk within ten days, § 925. Evidence, what only can receive, § 919. Excusing after juror drawn and found qualified, § 894. Experts and assistants, compensation of and how paid, § 928. Experts and assistants, power to employ, § 928. Expert, compensation of, limit on, § 928. Expert to examine official books, etc., § 928. Foreman, appointment of, § 902. Foreman may administer oaths to witnesses, § 918. Foreman must sign indorsement on indictment, § 940. Foreman, oath of, § 903. Foreman, pro tem., must be a member of grand jury, § 930. Foreman, pro tem., powers and duties of, § 930. Foreman, pro tem., selection of in absence or disqualification of, § 930. Foreman to state matter for consideration and request prejudiced juror to retire, § 907. Foreman to present indictment, § 944. Impeachment of witness before by testimony of, § 926. Indictment or . information, disclosing fact of finding, a misde- meanor, § 168. Inquiry into case of persons imprisoned and not indicted, § 923. Inquiry into offenses, §§ 906, 915, 923. Interpreter, may subpoena, § 925. Interpreter, services of are a county charge, § 925. Interpreter subpoenaed by may be present at examination of wit- nesses, § 925. .Tudge not to be present at sessions of, § 925. Judge, advice of, § 925. * .Turor cannot be questioned for anytiiing he says or does except for perjury, § 927. .Turor found to be qualified, duty to accept, § 894. Juror must be found 1o be qualified before accepted, § 894. 982 INDEX. GRAND JURY. (Coiitimicd.) Knowlodf^c of ofl'ense, juror to declare, § 922. Must inquire into all public oircnses, § 915. Oath of foreman, § f)0;i. Oath of jurors, § 904. Oath to witness, foreman may adiiiiiiister, § 918. Offenses, what must inquire into, §§ 9lif;, 9\n, 923. Officers, must inciuirc into conduct of, §S 923. 928. Oflicers, investigation and reports as to, § 928. Officers, report and recommendation as to, § 928. Officers, report as to, comments in not privileged, § 928. Officers, report as to, copies to be sent to legislators representing county, § 928. Officers, to examine books, records and accounts of, § 928. Official books, inquiry into, employment of expert, §§ 928, 929. Official books, records, accounts, etc., inquiry into, § 928. Opinion as ground for challenge, § 98(5. Perjury, grand juror may testify on prosecution of witness before for, § 926. Perjury of grand juror, inquiry as to, § 927. Powers and duties of, § 928. Prejudiced juror, duty of foreman and jiunishment for neglect of duty, § 907. Prejudiced, duty to retire and punishment for failure, § 907. Present, no one permitted to be during deliberations and voting, § 925. Present, who only may be, during sessions of, § 925. Present before, setting aside indictment because improper per- sons are, § 995. Present before, who may be, § 925. Prisoners, must inquire into cases of, § 923. Prisons, have access to, § 924. Prisons, must inquire into management of, § 923. . Proceedings and deliberations, § 925. Public records, have right to examine without charge, § 924. Qualifications and acceptance of, § 894. Eecovery of money due county, ordering the, § 929. Eeport of, comments not privileged, § 928. Keport of, recommendations in, § 928. Eeport of testimony taken before, § 925. Eeporter and his compensation, § 925. Eesubmission may be ordered where demurrer sustained, § 1008... Eesubmission to, custody of defendant and bail in case of, § 998. Eesubmission to, discharge where indictment not filed, § 998. Eesubmission to where charges dismissed, § 942. Eesubmission to where jury discharged because no offense, § 1117. Eesubmission where demurrer sustained, proceedings on, § 1010. Eesubmission where motion to set aside indictment or informa- tion granted, § 997. Eetirement of and deliberation, § 906. Secrets of, to be kept, except what, § 926. Shorthand reporter, compensation a charge against county, § 925. Shorthand reporter, when to be appointed, § 925. Special, names to be drawn from box, § 910. Special, names to be written on ballots and deposited in box, § 910. Special, nineteen members required, § 90S. Special, order, execution and return of, § 908. INDEX. 983 GRAND JURY. (Continued.) JSi^ecial, order, what to require, and delivery of to sheriff, § 908. Special, when may be summoned, § 907. Stenographer, appointment of, § 925. Stenographer, cost of services of is a county charge, § 92.5. Testimony, transcription of and service of copy on defendant, §925. Testimony of witness, may be required to disclose to see whether consistent, § 926. Trial juror, grand juror disqualified to act as, § 1074. Vote of grand juror cannot be questioned, § 927. What offenses may inquire into, § 915. Who may appear before, § 925. Who may be present during tlieir sessions, § 925. GRAND LARCENY. See Larceny. GROUSE. See Game Laws. GROWING CROPS. Injuries to, a misdemeanor, § 604. Negligently setting on fire a misdemeanor, § .384. GROWING TREES. Cutting or injuring a misdemeanor, § 602. Cutting, upon public lands, § 603n. Injuring shade trees or plants, a misdemeanor, § 622. GUARD. Aiding or permitting an escape, punishment, § 108. Expense of guard for jail a county charge, § 1610. For jail, sheriff may employ when, § 1610. GUARDIAN AND WARD. Abandonment of child by parent, compelling parent to work and paying proceeds to guardian, § 27.Sh. Child-stealing, punishment of, § 278. Enticing away child, jurisdiction, § 784. Exhibit, use, sale, or hire of child, what unlawful, § 272. Fine imposed for nonsupport of child may be paid to guardian, § 270d. Fraudulently, forcibly or maliciously taking or enticing away child, punishment of, § 278. Juvenile delinquent, guardianship of, § 13SS. Kidnaping or abducting of child, jurisdiction of, § 784. Prostitution, permitting or conniving at child being in house of, guardian by, a misdemeanor, § 309. Relationship of guardian and ward as ground of challenge of juror, § 1074. Sending child under eighteen to saloon, gambling-house, or im- moral place, § 273f. Substituting child, punishment of, § 157. Teacher, abusing in presence of pupil, a misdemeanor, § 653b. Ward, requiring to work over eight hours, a misdemeanor, § 651. GUIDE-BOARD. Malicious injury to, a misdemeanor, § 590. * One half the fines for injuries to go to informer, § 590a. dSi INDEX. GUILTY. I'iuding of indictinoiit, efTcct on proof or prosuiniition of, § 1-70. Plea of, § 1016. Plea of by corporation, how put in, § 1018. Plea of, court to determine degree of crime, § 1192. Plea of, form of, § 1017. Plea of, how altered or wit lidiawn, § KJlS. Plea of, how put in, § 1018. Plea of in justice's or police court, proceedings on, §§ 1429, 1445, Proceedings on verdict of, S§ IKHi, 1445. Verdict on plea of not guilty, form of, § 1151. GULLS. See Game Laws. Act to protect sea-gulls at iSanta Monica, § 599, note. h^luioting, trapping or injuring, § 599. GUNPOWDER. See Explosive. Blastint;- wood with, during drv season. See Blasting. H HABEAS CORPUS. Admission to bail on examination on, § 1286. Application for, made how, § 1474. Application for, to specify what, §§ 1474, 1475, 1490. Application for, verification, §§ 1474, 14 75. Application for, who may make, § 1474. Application for, who may sign petition, § 1474. Application, second, after prisoner remanded on first, when only discharged on, § 1475. Application, second, if prior writ returnable to district court of appeals, supreme judge only can issue, § 1475. Application, second, judge of district court of appeals or supreme judge only can issue, § 1475. Application, second, point not raised in prior writ, second writ not returnable before superior court, § 1475. Application, second, point not raised in prior writ, what judges only can issue writ, § 1475. Application, second, returnable to supreme court if prior writ re- turnable to district court of appeals, § 1475. Application, second, statement as to prior proceedings, § 1475. Application, service of on district attorney, § 1475. Application, service of, time of and proof of, § 1475. Bail, admitting to, pending application, § 1476. Bail, holding party to where proceedings defective, § 1489. Bail on, § 1286. Bail, judge may take, § 1491. Bail, writ for purpose of, §§ 1490, 1491. Body must be produced, when, § 1481. Body, when hearing may proceed without production of, § 1482. Clerk to issue all writs, warrants, process and subpoenas, § 1508. Commitment, defect in form of warrant of, not ground of dis- charge, § 1488. Commitment of party pending i)roceedings on return, § 1494. Commitment, proceedings where warrant of defective, § 1489. Commitment without reasonable or probable cause, § 1487. Concealing person entitled to, a misdeineauor, § 364. Contain, what to, § 1477. INDEX. 985 HABEAS CORPUS. (Coiitiuued.) L'ouuty seat, wairauts, writs aud [iiuccss are returnable at, § 1504. Custody of i)arty, after discharge, § 1490. Custody of party pending proceedings ou return, § 1494. Custody, person in illegal, may be committed to legal, § 1493. Damages for failure to issue or obey writ, § 150.5. Defect in form of writ of immaterial, when, § 1495. Defective or unauthorized process, discharge on, § 1487. Defective warrant, no discharge lor, § 14SS. Defective warrant, proceedings on, § 1489. Delay, to be delivered to sheriff without, § 1478. Delay, to be granted without, /§ 1476. Delay, to be served without, § 1479. Detention by person not authorized to hold defendant, discharge of, § 1487. Directed to jDersou other than sheriff, delivery to and service by sheriff, § 1478. Directed to sheriff', clerk to deliver to without delay, § 1478. Directed to whom, § 1477. Directions in writ, § 1477. Discharge of party, grounds for, §§ 1485, 1487. Discharge of partv, imprisonment after, when permitted, 1489, 1496. Discharge of party, not for defective warrant, § 1488. Discharge of party on hearing on defective warrant, § 1489. Discharge on, when granted, §§ 1485, 1487. Discharge party, when court to, §§ 1485, 1487. Discharge, when not to be granted, §§ 1486, 1488, 1492. Disobedience of, damages for, § 1505. Disobedience of not justified by defect in form of writ, when, § 1495. Disobedience to writ, proceedings on, § 1479. Disposition of partj pending proceedings on return, § 1494. District attorney, application for writ, service of, on, § 1475. Granted in manner provided in constitution, § 1475. Grounds for discharge of party, §§ 1485, 1487. Hearing, compelling attendance of witnesses, § 1484. Hearing, proceedings on, §§ 1483, 1484. Hearing, proceedings where warrant defective or charge unsub- stantially set forth, § 1489. Hearing, showing and evidence, §§ 1484, 1489. Hearing without production of body, when, § 1482. Imprisonment after discharge, when permitted, §§ 1489, 1496. Imprisonment becoming unlawful, discharge on, § 1487. Issued by clerk, § 1503. Issued by clerk, writs, warrants, process and subpoenas are, § 1503. issue, may, at an}- time, or on any day, § 1502. Issue, refusal to, a misdemeanor, § 362. Judge refusing to issue, damages for, § 1505. Judges who may grant. § 1475. Jurisdiction, excess of, discharge on, § 1487. Obey, refusal to, a misdemeanor, § 362. Proceedings on disobedience of writ, § 1479. Proceedings on the hearing, § 1484. Proceedings where warrant defective or charge unsubstantially set forth, § 1489. 986 INDEX. HABEAS CORPUS. (ContimuMl.) Process, clerk to issue, § 150."?. Process, defective or unanthorizod, discharge on, § ] I.S7. Process issuable by whom, § loO.'?. Process returnable at county seat, § blOi. Process, returnable, when, § LIO;?. Process to be sealed, § 1;103. Process to bo served and returned forthwith, § 1;303. Reconiniittinfr part where proceedings defective, § IJSO. Reconimittmcnt of person discharged on, a misdemeanor, § ;5G3. Refusal to issue, damages for, § 150o. Refusal to obey, a misdemeanor, § 362. Remand party," when court to, §§ 1486, 148S, 1492. Returnable at county seat, 1.504. Returnable before whom, § 1475. Returnable, when, § 1503. Return, disposition of party pending proceedings on, § 1494. Return, hearing on, § 1483. Return, signing and verifying, §§ 1480, 1482. Return, to contain what, §§ 1480, 1481. Return, what to state, §§ 1480, 1481. Returned, writs, warrants and process to be forthwith, § 1503. Sealed, writs, warrants and process must be, § 1503. Second writ, when only to issue, § 1475. Served, may be on any day or at any time, § 1502. Served, warrants, writs, and process to be, forthwith, § 1503. Served where person to whom directed cannot be found or re- fuses admittance, § 1478. Served, to be, without delay, § 1478. Service of application for writ, § 1475. Subpoenas, clerk to issue, § 1504. Subpoenas need not be sealed, § 1503. Superior court or judge issuing, second writ not to issue, § 1,475. Superior court or .judge may issue, § 1475. Supreme court or justice may issue, § 1475. Time, may be issued and served on any day or at any time, § 1502. "Warrant, defect in form, no ground for, § 1488. Warrant, defective, proceedings on, § 1489. Warrant instead of writ, clerk to issue, § 1503. Warrant instead of writ, how executed, § 1499. Warrant instead of writ, may include person charged with deten- tion, § 1498. Warrant instead of writ, may issue at any time, § 1502. "^'arrant instead of writ, may issue in what cases, § 1497. Warrant instead of writ, party discharged or remanded, § 1501. Warrant instead of writ,' returnable at county seat, § 1504. Warrant instead of writ, return and hearing on, § 1500. Warrant instead of writ, to be sealed, § 1503. Warrant instead of writ, to be served and returned forthwith, § 1503. What to contain, § 1477. Where process, warrants and writs returnable, § 1504. Who may grant, § 1475. Who may prosecute, § 1473. Witnesses at hearing, §§ 1484, 1489. HAIR. Act relating to cutting of. § 1615, note. Cutting hair of prisoner convicted of misdemeanor,? 1615. INDEX. 987 HALIBUT. See Game Laws. HANGING. Exeeution by, §§ 122S, 1229. HARBOR. Obstruetion of navigation of, a misilenieauor, § li 1 ;!. HARBOR COMMISSIONERS. See San Fianeiseo. HAWK. See Game Laws. Cooper's, is a predatory bird, § 637^i;. Duck, is a predatory bird, § 637i/^. Sharp shinned, is a predatory bird, § 637VL'. HAY. Burning stack of, punishment of, § 600. False weight in sale of, a misdemeanor, § 55-3. HAZING. A misdemeanor, § 367b. Punishment of, § 367b. HEALTH. See Health Laws; Public Health. HEALTH LAWS. Contagious disease, exposing one's self or another afflicted with a misdemeanor, § 394. Exhumation and removal of dead bodies, regulation of. Ap- pendix, tit. "Public Health." Exposing infected person, § 394. Hospitals for persons with infectious diseases, maintaining, a misdemeanor, § 373. Neglect to perform duty under, a misdemeanor, § 378. Pest-house, maintaining, a misdemeanor, § 373. Violating quarantine laws, punishment of, § 376. Violation of duty by person charged with registration of deaths, a misdemeanor, § 377. Violation of health laws, what acts are, § 377. Willful violation of, punishment of, §§ 377, 378. HEMP. Prison directors authorized to purchase. Appendix, tit. "State Prison." HEREDITAMENT. Eeal property includes, § 7. HIGHWAY. Carcass or offal, putting in, a misdemeanor, § 374. Dead animal, putting in, a misdemeanor, § 374. Engineer crossing without ringing a bell or sounding whistle, a misdemeanor, § 390. Glass, tacks, etc., throwing upon highway, punishment of, § 5S8a. Guide-board, malicious injury of, a misdemeanor, § 590. Guide-board, one-half the fines for injuries to, to go to informer, § 590a. Injuries to, malicious, punishment of, § 588. Mile-stones, malicious injury to, a misdemeanor, § 590. Mile-stones, one-half the fines for injuries to go to informer, § 590a. Racing on, a misdemeanor, §§ 396, 415. 988 INDEX. HIGHWAY. (Contiuucd.) State, barriers arouiul clotiecl idail, (lc|partiiiciit oT eiiyiiieeriiiy may erect, § 5S8b. State, closed, tearing down barriers, or iiotifos, or destroying warning liglits, a niisdenieanor, § oSSli. State, closing, posting notices and placing warning liglits by department of engineering, § 588b. State, department of engineering may close when, § .jS8b. State, injuring or removing stakes or monuments of (!(']iartinent of engineering, a misdemeanor, § .58Sc. HIRING. See Master and Servant. HOME OF INEBEIATES. Of San Francisco, act continued in force, § 23. HOMICIDE. Accident, by, excusable, § 195. Appeal sta3-s judgment of conviction, § 1243. Arrest, in making, justifiable, § 19G. Assault with intent to kill, punishment of, §217. Bare fear wnll not justify, § 198. Bodily injury, to prevent, justifiable, § 197. Burden of proof, shifting of, on trial for murder, § 1105. Challenge, conscientious scruples against 2)enalty as ground of. §1074. Child, in correcting, excusable, § 195. Child, in defense of, justifiable, § 197. Combat, on a sudden, excusable, § 195. Death must be within year and day, § 194. Escaping felons, in retaking, justifiable, § 19G. Excusable, in what cases, § 195. Excusable, not punishable, § 199. Fear, when and when does not justify, § 198. Felon, in retaking, justifiable, § 196. Felony, in apprehending person for, justifiable, § 197. Felony, to prevent, justifiable, § 197. Fugitives, in arrest of, justifiable, § 196. Habitation, in defense of, justifiable, § 197. Ileat of passion, in, excusable, § 195. Husl>and, in defense of, justifiable, § 197. Husband, killing of by wife, p)unishmeut of, § 191. Jurisdiction where injury in one county, death in another, § 790. Justifiable by officers, in what cases, § 196. Justifiable by persons other than officers, in what cases, § 197. Justifiable, burden of proof, § 1105. Justifiable, fear to justify, what must be, § 198. .Justifiable, not by bare fear, § 198. .Justifiable, not punishable, § 199. Limitation of action for, no, § 799. Malice, defined, § 188. Malice, express, defined, § 188. Malice, implied, defined, § 188. Malice may be express or implied, § 188. Manslaughter, death must be within a year and day, § 194. Manslaughter, defined, § 192. Manslaughter, involuntary, defined, § 192. Manslaughter, punishment of, § 193. Manslaughter, voluntary, defined, § 192. INDEX. 989 HOMICIDE. (Continued.) Manslaughter, voluntary or involuntary, § 192. Master, in defense of, § 197. Master, killing of by servant, punishment of, § 191. Misfortune, by, excusable, § 19.5. Mistress, in defense of, justifiable, § 197. Murder, assault with intent to commit, punishment of, § 217. Murder, death must be within a year and a day, § 191. Murder, defined, § 187. Murder, degrees of, § 189. Murder, first degree, what is, § 189. Murder, in prevention of, justifiable, § 197. Murder in second degree, punishment of, § 190. Murder, punishment of, § 190. Murder, second degree, what is, § 189. Murder, shifting of burden of proof on trial for, § 11 Oo. OflScers, by, justifiable in what cases, § 196. Parent, in defense of, justifiable, § 197. Peace, committed in preserving justifiable, § 197. Peremptory challenges, number of allowed, § 1070. Person, in defense of justifiable, § 197. Petit treason, common-law distinctions abolished, § 191. Petit treason, punishment of, § 191. Petit treason, what killings regarded as, at common law, §191. Preliminary examination, tcstimonv, how taken and authenti- cated, § 869. Preliminary examination, testinionj^ of witnesses to be reduced to writing, § 869. Process, in overcoming resistance to, justifiable, § 19 7. Property, in defense of, justifiable, § 197. Provocation, on a sudden, excusable, § 19.j. Betaking felon or escaped prisoner in, justifiable, § 196. Kiot, in suppressing, justifiable. § 197. Self-defense, bare fear not to justify killing, § 198. Self-defense, in, justifiable, § 197. Servant, in correcting, excusable, when, § 19.5. Servant, in defense of, justifiable, § 197. Sudden combat, on, excusable, § 195. Wife, in defense of, justifiable, § 197. HOMING PIGEONS. Shooting, killing or detaining, a misdemeanor, § 59Sa. Shooting, maiming or detaining, punishment of, § 598a. HONEY. Adulteration of prohibited. Appendix, tit. "Adulteration." HORSE. Altering brand of, punishment of, § 857. Feloniously taking, is grand larceny, § 487. Glanders, exposing horse with, a misdemeanor, § 402. HORSE-RACING. See Eace. Pool-selling and bookmakiny-, prohibition and punishment o£ § 337a. HOSPITAL. Keeping for contagious disease, a misdemeanor, § 373. HOTELS. Gas not to be turned off at meter. Appendix, tit. "Gas." 990 INDEX. HOURS OF LABOR. By minors, § (i;!!. Kiglit-lioiir law, duly of oflic-ors under, § (irj.'Jc. Kiu;lit-lu)ur law, for public works, § G'jUe. Kight-hour law, punisluiiout for violating, § Gaoc Eiglit-liours, limit of may be exceeded, when, § fi.llic. Police officers, of. Appendix, tit. "Police." HOUSE. Sec House of Til-Fame. Keeping disorderly, a misdemeanor, § 31G. HOUSE FINCH. Sec Game Laws. HOUSE OF ILL-FAME. See I'rostitution. Sending infant Tinder eighteen to, a misdemeanor, § 27.3f. HUMANE SOCIETY. See Cruelty to Animals. HUMBOLDT BAY. Depositing sawdust, slabs, etc., in, a misdemeanor, § ()12. HUNTING. See Game Laws. Act to prevent hunting on inclosed land. Appendix, tit. "Fences and Inclosures." On inclosed land, punishment for injuries to animals, § 384c. On inclosed land without permission, a misdemeanor, § 602. HUSBAND AND WIFE. Abandonment or neglect of wife, compelling husband to work and paying proceeds to wife, § 273h. Abandonment or neglect of wafe, competency of wife as witness, §1322. Competency of as witnesses in criminal actions, § 1322. Fine imposed for non-support of wife may be paid to wife, § 270d. Homicide in defense of, justifiable, § 197. Killing of husband by wife, punishment of, § 191. Married woman's crimes, liability for, § 2(3. Married persons selling or mortgaging land under false pretenses, punishment of, § 534. May occupy same room in jail, § I.tIM). Necessaries, failure of husband to supply for wife, punishment for, § 270a. Non-support of wife, abandonment or neglect is prima facie willful, § 270e. Non-support of wife, proof of marriage, § 270e. Non-support of wife, rule as to privileged communications be- tween does not apply, § 270e. Non-support of wife, sus lending sentence on giving bond, § 270b. Permitting or conniving at wife remaining in house of ill-fame, punishment, § 266g. «' Placing wife in house of prostitution, punishment of, § 266g. Undertaking for support of wife, breach of and proceedings on, §270b. Undertaking for support of wife, giving of and proceedings on, § 270b. NMtnesses, as, § 1322, INDEX. 991 IBIS. See Game Laws ICE. Eefusal to obey regulations to jireverit pollution, a misde- meanor, § 377e. IDIOT. See Insane Person. IGNORANCE. As affecting liabilit}- for crime, § 26. ILLEGITIMACY. See Legitimacy. ILL-FAME. See House of Ill-Fame; Prostitution. Infant employees not to be sent to houses of, § 13S9. ILLNESS. Of juror, proceedings on, § 1123. IMMIGRATION LAWS. Violation of, a misdemeanor, §§ 174, 175. IMPEACHMENT. Answer after demurrer overruled, § 744. Answer or demur, defendant may, § 743. Appear, proceedings when defendant fails to, § 742. Articles of, delivery to president of Senate, § 739. Articles to be prepared, i^resented and prosecuted by assembly, §738. Code preserves remedy of, for criminal acts although not specified, § 10. Conviction, judgment on, how pronounced, § 747. Conviction, two-thirds vote neccssar3% § 746. Demur or answer, defendant may, § 743. Demurrer overruled, answer to be filed, § 744. Disqualified, officer is, until acquitted, § 751. Governor cannot reprieve, commute or pardon, § 1417. Hearing, Senate to notify assembly of, § 740. Hearing, Senate to set time for, § 740. Indictment or information, not a bar to, § 753. Judgment of Senate, resolution becomes on adoption, § 748. Judgment of suspension, effect of, § 750. Judgment on conviction pronounced, how, § 747. Judgment on conviction, what may be, § 749. Judgment on conviction, when pronounced, § 747. Lieutenant-governor, of, presiding officer in case of, § 752. Notice to appear and answer, § 740. Oath of senators, § 745. Office, filling of, in case of removal, § 751. Office to be temporarily filled pending proceedings, § 751. Officer is suspended from office pending proceedings, § 751. Officers liable to, § 737. Pardon, governor may not, § 1417. Plea of guilty, proceedings, § 744. Plea of not guilty, proceedings on, § 744. Plea of not guilty to be entered, § 743. Plea of not guilty, what puts in issue, § 743. i)!)2 INDEX. IMPEACHMENT, (^((.iiliiiucd.) Pica, refusal to make, ijrocecdiiigs, § 744. Presiding ottieer, when lieutenant-governdr iiii|if;tilie. Indecent articles, character of, to be determined, § 313. Indecent articles to be destroyed, §§ 313, 314. Indecent articles to be seized, § 312. Procuring another to make indecent exhibition, punishment of, §311. Procuring or assisting another to make, a misdemeanor, § 311. INDECENT EXPOSURE. Lascivious conduct with child, punishment of, § 288. Punishment of, § 311. What constitutes, § 31 1. INDECENT LANGUAGE. Punishment for use of, § 415. INDIAN. Ammunition, sale to, a misdemeanor, provision repealed, § 398. Firearms, sale to, a misdemeanor, provision repealed, § 398. Liquor, selling or furnishing to, a misdemeanor, § 397. Not punishable as vagrants, § 647. Selling or furnishing liquor to Indians of mixed blood, a misde- meanor, § 397. INDICTMENT. See Accusation; Demurrer; Grand Jury; Informa- tion; Pleading, etc. Accessory before fact, and principal, distinction abolished, § 971. Accessory before fact, indictment, allegations in, § 971. Accessory, of, though principal not indicted, § 972. Acquittal of one or more, when several charged, § 970. Acts constituting offense, sufficiency of allegations, §§ 950, 951, 959. Alternative, offense may be set out in, § 954. Amendment, changing offense not allowed, § 1008. Pen. Code — 63 994 INDEX. INDICTMENT. (Coutium>(l.) Amoiuliiient of, right of, § 1008. Aiiiendnient to, time of, § 1008. Answer to, allowance of time for on arraignment, § i)!Hi. Appeal lies from ruling on, § 12.'58. Arrest of judgment for defects in, § llSo. Bail on, §§ 128-1-1289. Certain, must be, as to what, § 952. Certainty, sufficiency of, § 9.'J9. Concurrence of twelve jurors necessary, § 940. Consolidation of indictments, court may order when, § 954. Conspiracy to cheat, or defraud of money, bank notes, etc., for, § 967. Conspiracy to procure, § 182. Construction of words in, § 957. Contains what, § 950. Conviction may be had on any offense charged, § 954. Counts, separate, election between, not required, § 954. Counts, separate, in, § 954. Custody, proceedings when defendant not in, § 945. Defects in, what do not affect, § 959. Defendant can be convicted of any offense charged, § 954. Defined, § 917. Degree of evidence to warrant finding, § 921. Demurrer, allowance of, examination before magistrate after, § 1008. Demurrer, how far a bar when allowed, § 1008. Demurrer to, grounds of, §1004. Demurrer to. -See Demurrer. Depositions, indorsement and return of on dismissal of charge, §941. Description of offense, suf!ieiency of, §§ 950, 951, 959. Different offenses, charging, § 954. Different offenses relating to same act may be charged, § 954. Different statements of same offense permitted, § 954. Direct, must be, as to what, § 952. Discharge of defendant where on resubmission no indictment filed, § 998. Disclosing fact of, a misdemeanor, § 168. Dismissal of, not a former acquittal, § 1021. Dismissal as a bar, § 1008. Dism.issal, resubmission of case after, proceedings on, § 1008. Dismissal to be ordered where demurrer sustained without leave to amend, § 1008. Dismissal, resubmission to grand jury, "§942. Dismissal, return of depositions, etc., to court, § 941. Dismissal where not found within thirty days, § 1382. Election between counts not required, § 954. Embezzlement of money, bank notes, etc., for, § 967. Erroneous statement as to person injured immaterial, when, § 956. Error in form merely does not affect, § 960. Errors not affecting substantial rights not material, § 1404. Evidence sufficient to warrant, § 921. Fictitious name, inserting true name, §§ 953, 989. Fictitious name, proceedings on arraignment, § 989, Filed, how, § 944. First pleading of people, is, § 949. Forgery, for, misdescription of instrument when immaterial, § 965. INDEX. 995 INDICTMENT. (Contiuued.) Form, defect of, not tending to prejudice defendant does not vitiate, § 96U. Form of, § 951. Forms of prescribed by code, § 948. Found after allowance of challenge to panel set aside, § 899. Found when presented and filed, § 803. Grand jury to inquire into case of persons imprisoned and not indicted, § 923. Impeachment not a bar to, § 753. Indorsement of, § 940. Indorsement of, foreman must sign, § 940. Indorsement that charge dismissed, § 941. Inquiry into conduct and management of prisons, § 923. Inquiry into misconduct of officers, § 923. Insufficiency of pleading, rules prescribed by code, § 948. Insufficient, not, for defect in form, § 960. Joinder of offenses in, § 954. Joint, discharging defendant that he may be witness, §§ 1099- 1101. Joint, one or more may be acquitted or convicted, § 970. Joint, separate trials, § 1098. Judgment pleaded how, § 962. Judicial notice, matters of wliich taken need not be stated in, §961. Justice's court, proceedings in need not be prosecuted by infor- mation or, § 682. Larceny of monev, bank notes, etc., for, § 967. Libel, for, § 964. Limitation of time to file, §§ 799, 800, 801, 802. Limitation of time to file, absence of defendant suspends, § 802. Lost, how supplied, § 810. Lost, supplying, effect of sulistituted pleading, § 810. Must contain what, § 950. Name, erroneous in, proceedings where true name ascertained, §939. Name, in wrong, proceedings at arraignment, § 980. Name, in wrong, inserting correct name, § 953. Name, in wrong, sufficiency of, § 959. _ Names of witnesses to be inserted, § 943. Number of jurors necessary to find, § 940. Objection of want of jurisdiction not waived bv failure to demur, § 1012. Objection of want of jurisdiction, when and how mav be taken, § 1012. Objection that facts stated are not an offense, not waived by fail- ure to demur, § 1012. Objection that facts are not an offense, when and h.ow may be taken, §1012. Objections to, how taken, § 1012. Objections to, w^aived when, § 996. Objections to, what need not be taken by demurrer, § 1012. Objections to, what not waived by failure to demur, § 1012. Objections to, what to be taken by demurrer, § 1012. Objections what waived by failure to demur, § 1012. Obscene books, pictures, etc., for selling, exhibiting, etc., § 968. Offenses may be set forth under different counts, § 954. Offenses occurring at different times and places may be ioined, § 954. 996 INDEX. INDICTMENT, (Cuutimied.) otloiises to be prosecuted by iiidictmcnt or iiiforination, § G82. Olleiises, what need not be prot-ecuted by information or, S G82. Otiicers, indictments against, in wliat county found or filed, § 890. Officers, proceedings for renioval need not be j>rosecuted by in- formation or, § 682. Perjury or subornation of, i)leuding in indictment for, § 9(5(3. Place of offense, allegation of, § 959. Pleadings to, § 990. Police court, proceedings in need not be prosecuted liy informa- tion or, § (582. Presented, how, § 944. Presentment defined, § 91(5. Presumption of guilt from finding, § 1270. Presumj)tions of law need not be stated, § 9()]. Prior conviction, charge not to be read to jury or alluded to, §§ 102.5, 1093. Prior conviction, how charged, § 909. Prior convictions, not more than two to be charged, § 969. Private injury, erroneous statement as to injured person not ma- terial, § 956. Private statute, pleading, § 963. Proceedings on finding indictment against defendant not in cus- tody, § 945. Prosecutions to be by indictment or information in what cases, §§ 682, 888. Eesubmission where charge dismissed, § 942. Separate counts, election between, not required, § 954. Separate counts in, permitted, § 954. Setting aside, defendant may move to set aside, § 990. Setting aside, effect of order for resubmission, §§ 997, 998. Setting aside, motion for, when heard, § 997. Setting aside, on motion, grounds for § 995. Setting aside, order, no bar to future prosecution, § 999. Setting aside, proceedings where motion denied, § 997. Setting aside, proceedings where motion granted, §§ 997, 998. Setting aside, w^aiver of objections to indictment by not moving to set aside, § 996. Statute, words in need not be strictly pursued, § 958. Subornation of perjury, for, § 966. Sufficient, when, generally, § 959. Superior judge, of, proceedings on § 1029. Time of offense, allegation of, § 959. Time of offense, statement of, § 955. Time to file, § 1382. Time when found, § 803. Twelve jurors must find, § 940. Verdict to state offense where several offenses charged, § 954. Waiver of defects for failure to demur, §§ 1012, 1185. Waiving objections to, by not moving to set aside, § 996. What must contain, § 950. What prosecution must be by indictment or information, §§ 682, 888. What to contain generally, § 950. When offenses not presented by, § 682. When sufficient generally, § 959. Witnesses, failure to indorse names on, setting aside indictment, §995. INDEX. . 997 INDICTMENT. (Continued.) Witnesses indorsement of names on, § 943. A\'ords of statute not to be pursued stricth', § 95S. INDORSEMENT. Commitment on warrant of arrest, of, § 863. Commitment, of, when otfense bailable, § 875. Commitment, of, when offense not bailable § 873. Magistrate, of, when defendant discharged, § 871. Magistrate, of, when defendant held to answer, § 872. Indictment names of witness on, § 943. Indictment, "a true bill," on, § 940. Indictment, indorsement of names of witnesses on, § 943. Warrant of arrest, on, § 819. Order for admission to bail, on, § 982. INDUSTRY. See Preston School of Industry. INEBRIATE. Home for, in San Francisco, act continued in force, § 23. INFANT. See Guardian and Ward; Tobacco. Abandoning by parent, punishment of, § 271. Abandonment of. See Parent and Child. Abduction for purpose of prostitution, punishment of, §§ 267, 784. Acts for protection of children, § 272, note. Adult prisoner, infant under sixteen not to be confined with or placed in company of, § 273b. Apprenticing or selling children for exhibition, as mendicants or for immoral purposes, § 272. Begging, prevention of and punishment for, §§ 272, 273. Begging, using for, §§ 272, 273. Challenge to as grand jurors, § 896. Charitable corporation, committing delinquents to, § 1388. Charitable corporation, orphan asylum, etc., committing custody of to, § 273d. Child under sentence not to be confined or transported with adult, § 273b. Child-stealing, punishment of, § 278. Criminal liability of, § 26. Cruelty to, a misdemeanor, § 273a. Cruelty to, fines collected paid to societies for prevention of, when, § 273c. Custody, may be committed to orphan asylum, charitable institu- tion, etc., when, § 273d. Custody of, power of court over, § 273d. Dependent and delinquent children. See Juvenile Court. Delinquent committed to charitable corporation, expenses of, §1388. Employees not to be sent to questionable resorts, § 273e. Endangering life, limb, or health of child, a misdemeanor, § 273a. Enticing away child, jurisdiction, § 784. Execution of judgment of death, infant not permitted at, § 1229. Exhibition of, unlawful, §§ 272, 273. Expenses of under probationary treatment, § 1388. Fines for offenses to children, disposition of, § 273e. Fines for offenses to, paid to societies for jirevention of cruelty to children, when, § 273c. 998 - INDEX. INFANT. (Continuod.) Kiiitidulout proti'iisfs ;is to hiitli oT, to secure propi'i't y, ]iiiiiish- inent of, § 15(). (laiiiblo, jieniiittinK '<>, -i misdoincaiior, S •'•ifi. (■aiiibliii^ pliicc, sciidiiij^ iiiiiior uinior eiylitccn to, a misdemeanor, § 27:{f. Habitual intoxii-atiou in jnesciH-c of, a iiiisdemeannr, § GT.Tg. Hire of, unlawful, §§ 272, 27."?. Inwnoral plac e, sending minor to, a misdemeanor, § 27.''.e. Immoral practices in jiresence of, a misdemeanor, § 27.3g. Injury to child, a )nisdemeanor, § 273. Intoxicating liquors, not permitted to enter place where sold, § 397b. Intoxicating liquors, selling or giving to, a misdemeanor, § 397b. Junk, etc., receiving from, person under sixteen, a misdemeanor. § oOl. .Jurisdiction of offense of enticing or decoying away child, § 784. Jurisdiction of offense of inveigling away minor for prostitution, § 784. Juvenile court. See Juvenile Court. Juvenile offenders. See School of Industry; Whittier State School. Kidnaping. See Kidnaping. Lascivious conduct with, punishment, § 288. Liability of infant under fourteen for crime, § 26. Liquor, act to prevent sale of to children, § 397b, note. Liquor, giving or selling to minor under eighteen, a misdemeanor, § 397b. Liquor, selling or giving to minor, punishment, § 397b. Maliciously, forcibly or fraudulently taking or entii'ing away, punishment of, § 278. Mendicant purposes, using for, §§ 272 273. Messengers, sending to questionable places, a misdemeanor, § 273e. Musician, consent to employment of child as, a misdemeanor, §§ 272, 273. Musician, employment of child as, a misdemeanor, §§ 272, 273. Parent omitting to provide for, a misdemeanor, § 270. Persons inciting children under fourteen to commit are principals, §31. Probationary treatment of juvenile delinquents, § 1388. Prostitution, abducting or inveigling for, punishment of, § 267. Prostitution, abduction or inveigling for, jurisdiction over, § 784. Prostitution, admitting to or keeping in places of, a misdemeanor, § 309. Prostitution, parent or guardian permitting or conniving at child being in house of, a misdemeanor, § 309. Prostitution, sending minor to house of, a misdemeanor, § 273e. Purchasing junk from minor under sixteen, a misdemeanor, § 501. Keceiving junk in pledge from minors a misdemeanor, § .501. Eequiring wards or apprentices to work more than eight hours a misdemeanor, § 651. Sale or disposing of for certain purposes forbidden, § 272. Saloon, permitting minor under eighteen to enter, § 397b. Saloon sending minor under eighteen to, a misdemeanor, § 273f. Sending minor under eighteen to immoral place, a misdemeanor, § 273. Substituting one for another, punishment of, § 157. Tobacco, selling or furnishing to infants under sixteen, a misde- meanor, § 308. See Tobacco. INDEX. 999 INFANT. (Coutiuued.) Uudei'taking of, as witness at preliminary examination, § SSO. Unjustifiable punishment of, a misdemeanor, § 273a. Use of for what purposes, unlawful, §§ 272, 273. INFECTIOUS DISEASES. Animal with, bringing into state a misdemeanor, § 402. Animal with, failing to keep from other animals, a misdemeanor, § 402d. Exposing one's self or another with contagious or infectious dis- ease, a misdemeanor, § 394. Exposing, selling or using animal with, a misdemeanor, § 402. Maintaining hospitals for persons with, a misdemeanor, § 373. INFORMATION. See Demurrer; Indictment; Pleading; Accusation, Accessory, against, though principal not informed against, § 972. Accessory before fact, and principal, distinction abolished, § 971. Acquittal of one or more when several charged, § 970. Acts constituting offense, how alleged, §§ 950, 951, 959. Amendment charging offense not shown at preliminary examina- tion not allowed, § 1008. Amendment of, right of, § 1008. Amendment to, time of, § 1008. Answer to, allowance of time for on arraignment, § 990. Appeal lies from ruling on, § 1238. Arrest of judgment for defects in, § 1185. Arrest, without warrant, on, § 849. Certain, must be, as to what, § 952. Certainty, sufficiency of, § 959. Complaint defined, §' 806. Consolidation of informations, court may order, when, § 954. Conspiracy to cheat, or defraud of money, bank notes, etc., for, § 967. Construction of words in, § 957. Contains what, generally, § 950. Conviction may be had on any offense charged, § 954. Corporation, against. See Corporations. Counts, separate, election between, not required, § 954. Counts, separate, in, permitted, § 954. Counts, different offenses may be charged in, § 954. Defect of form, not insufficient for, § 960. Defects in, what do not affect, § 959. Defendant can be convicted of each offense charged, § 954. Demurrer, allowance of, examination before magistrate after, § 1008. Demurrer, how far a bar when allowed, § 1008. Demurrer to, grounds of, § 1004. Demurrer to. See Demurrer. Deposition of prosecutor and witnesses on, §§ 811, 812. Description of offense, suflRciency of, §§ 950, 951, 959. Different offenses, charging, § 954. Different offenses relating to same act may be charged, § 954. Different statements of same offense permitted, § 954. Direct must be, as to what. § 952. Discharge of defendant where no information filed, § 998. Disclosing fact of finding of, punishment of, § 168. Dismissal of, not a former acquittal, § 1021. Dismissal as a bar, § 1008. Dismissal to be ordered where demurrer sustained without leave to amend, § 1008. lOnO INDEX. INFORMATION. (Continued.) |)ismi^s:il wlicro not filed williiu tliiily day.s, § 1,'!S2. J)uty of district attorney to file, S >>'l!'. Election between difl'erent counts in not required, S 9'"4. Knibezzlenient of money, buni\ notes, etc., for, § DOT. I'lrroneous stiitoinent as to [)erson injured, immaterial, when, § 956. Error in form merely does not affect, § 960. Errors not affecting substantial rights not material, § 1404. Examination of prosecutor and witnesses on, §811. Eijing after examination and conimitnient, time of, § 809. First pleading of people, is, § 949. Forgery, for misdescription of instrument, when immaterial, § 965. Form, defect of, not tending to prejudice defendant does not vitiate, § 960. Form of, like an indictment, §§ S09, 951. Forms of prescribed by code, § 948. For offense triable in another county, proceedings, § 827. Impeachment not a bar to, § 753. Insufficient, not, for defect of form, § 960. Joinder of offenses in, § 954. Joint, discharging defendant that he may be witness, §§ 1099- 1101. Joint, one or more may be convicted or acquitted, § 970. Joint, separate trials, § 1098. Judicial notice,, matters of need not be stated, § 861. Judgment pleaded, how, § 932. Justice's court, proceedings in need not be prosecuted by indict- ment or, § 682. Larceny, of money, bank notes, etc., for, § 967. Libel, for, § 964. Limitation of time to file, §§ 799, 800, 801, 802. Lost, how supplied, § 810. Lost, supplying effect of substituted pleading, § 810. Must contain what, generally, § 950.- Name, erroneous, in, proceedings where true name ascertained, § 989. Name, fictitious or erroneous in, substitution of true name, § 953. Name, in wrong, proceedings at arraignment, § 989. Name, in wrong, sufifieiency of, § 959. Name of people of state, to be in, § 809. Objection of want of jurisdiction, how and when may be taken, §1012. Objection of want of jurisdiction, not waived by failure to demur, § 1012. Objection that facts stated are not an offense, not waived by failure to demur, § 1012. Objection that facts stated not an offense, how and when may be " taken, § 1012. Objections to, how taken, § 1012. Objections to, wdiat need not be taken by demurrer, § 1012. Objections to, what not waived, by failure to demur, § 1012. Objections to, what to be taken by demurrer, § 1012. Obscene books, pictures, etc., for selling, etc., § 968. Offense may be charged in different counts, § 954. Offense triable in another county, proceedings in, § 827. Offenses occurring at different times and places may be joined, § 954. INDEX. 1001 INFORMATION. (Conliuued.) Offeuses to be prosecuted by iudictment or, § 682. Offenses, what need not be prosecuted by indictment or, § G82. Officer, against, in what court found or filed, § 89U. Officers, for removal of, §.§ SS9, 890. Officers, proceedings for removal need not be prosecuted by in- dictment of, § d82. People, to be in name of, § 809. Perjury or subornation of, for, § 966. Place of offense, allegation of, § 959. Pleading to, § 990. Police court, proceedings in, need not be prosecuted by, § 682. Presumptions of law need not be stated, § 961. Prior conviction, charge not to be read to jury or alluded to, § 1025. Prior convictions, how charged, § 969. Prior convictions, not more than two to be charged, § 969. Private injury, statement as to person injured, § 956. Private statute, pleading, § 963. Prosecutions to be bv information or indictment in' what cases, §§ 682, 888. Separate counts, election between, not required, § 954. Separate counts, in, permissible, § 954. Setting aside, defendant may move to set aside, § 990. Setting aside, effect of order for resubmission, § 998. Setting aside on motion, grounds for, § 995. Setting aside, order, not a bar to future prosecution, § 999. Setting aside, proceedings where motion denied, § 997. Setting aside, proceedings where motion granted, §§ 997, 998. Statute, not following words of, § 958. Statute, words of need not be strictly pursued, § 958. Subornation of perjury, for, § 966. Subscribed by district attorney, to be, § 809. Sufficiency of pleading, rules of prescribed by code, § 948. Sufficient, when generally, § 959. Superior judge, against, proceedings on, § 1029. Threatened offense, of, § 701. Time of offense, allegation of, § 959. Time of offense, statement of, § 955. Time to file, §§ 809, 1382. Verdict must state offense where several charged, § 954. Waiver of defects for failure to demur, {;§ 1012, 1185. Waiving objections to, § 996. What prosecutions must be bj' indictment or information, §§ 682, 888. "VMiat to contain generally, § 950. \Mien offense not prosecuted by, § 682. AVhen offense prosecuted by, § 682. When sufficient generally, § 959. Words of statute not to be pursued strictly, § 958. INFORMER. Of committed offense, examination of, § 811. Of threatened offense, examination of, § 702. One-half the fines for injuries to mile-stones and guide-posts go to, § 590a. INHERITANCE. Fraudulent pretenses relative to birth, punishment of, § 156. 1(JU2 JNDkX INHUMANITY TO PRISONER. I'uiiisliiiioiit of, § 1 17. INITIATIVE. Misrepresentations or frauds in connection with unlawful, § 64b. Misrepri sentations or frauds in connection with, punislnneut for, § 64b. Petition containing false signatures not to be filed § 64b. Petition, signing name more tiiau once, [junishment for, § G4b. Petition, signing name more than once unlawful, § ()4b. Signing fictitious name or name of another to petition, a felony, § 472a. Signing fictitious name or name of another to petition, punish- ment of, § 472a. INJUNCTIONS. l^se of limited in disputes between master and servant. Appen- dix, tit. "Conspiracy." INJURY. Extortion by threat to commit, § 519. INJURY, MALICIOUS. See Malicious Mischief. INNKEEPER. Defrauding, a misdemeanor, § .537. Gas not to be turned off at meter. Appendix, tit. "Gas." Guest, refusing to receive, a misdemeanor, § 365. Number of cubic feet for each person, § 401a. INNOCENCE. Presumption of, § 1096. Procuring execution of innocent persons by perjury, Dunishment of, § 128. INQUEST. See Coroner. INSANE PERSONS. Acquittal on ground of insanity, proceedings on, § 1167. Argument, number of counsel who may be engaged in trial of sanity, § 1369. Bail, deposit in place of, on commitment of, § 1371. Bail exonerated by commitment of, § 1371. Challenge, insanity of juror as ground of, § 1072. Challenge to, as grand juror, § 896. Committing to asylum after verdict of insanity, § 1370. Compensation of sheriff for conveying insane persons to asylums. Appendix, tit. "Sheriffs." Crime, idiots cannot commit, § 26. Criminal action, extending time for judgment in where defend- ants' sanitv questioned, § 1191. Criminal liability of, §§ 26, 1367. Cruelty to, a misdemeanor, § 361. , Custody of, after regains reason, § 1372. Death, proceedings where one under sentence of is believed to be insane, §§ 1221-1224. Defendant found insane detained in hospital until sanity, § 1372. Delivery to asylum of insane person, after conviction, § 1224. Detained in asylum until sane, § 1372. Doubts as to sanity of defendan< how determined, and proceed- ings, § 1368. INDEX. 1003 INSANE PERSONS. (Continued.) Evidence, order of, on trial of sanity, § 13G9. Execution of sentence, after recovery of reason, § 1224. Expense of in transportation and at asylum chargeable to county, §1373. Expenses of, county may recover from estate, city or another county, § 1373. Extending time for pronouncing judgment where insanity of de- fendant suggested, § 1191. Form of verdict of acquittal on ground of, § 1151. Idiots incapable of committing crime, § 26. Instructions on trial of sanity, § 1369. Judgment, insanity a cause against, § 1201. Judgment, insanity of defendant as cause against, proceedings on. §1201. Judgment of death, proceedings in case of insanity of defendant, §§ 1221-1224. Judgment, rendition of after sanity restored, §§ 1201, 1372. Jury to determine sanity, § 1368. Notice that lunatic committed has regained reason, § 1372. Order of trial on question of sanity, § 1369. Persons inciting commission of crime bv, liable as principals, §31. Prisoner, compensation of sheriff transporting to asylum, § 1587. Prisoner, insanity of, proceedings on, § 1587. Prisoners, removal to insane asylum, § 1582. Prisoners, return of where not insane, § 1582. Proceedings after defendant sent to hospital becomes sane, §§ 1201, 1372. Proceedings on doubt as to sanity of defendant, § 1368. Proceedings to determine defendant's sanity, after conviction for death, §§ 1221-1224. Proceedings where at judgment defendant claims he is insane, §1201. Proceedings where defendant found insane, § 1370. Proceedings where defendant found sane, § 1370. Punished, cannot be, for offense committed while insane, § 1367. Eape of, § 261. Sanity, determined, how, § 1368. Sanity, order of trial of, § 1369. Sanity, proceedings after defendant restored to, §§ 1201, 1372. Sentenced, cannot be, § 1367. Suspension of trial or judgment, to determine sanity, § 1368. Trial of, after reason regained, § 1372*. Trial, order of on question of sanity, § 1369. Tried, cannot be, for offense committed while insane, § 1367. Verdict as to sanity, and proceedings thereon, § 1370. Verdict, form of, where defendant acquitted on ground of insan- ity, § 1151. Verdict of insanity, commitment to asylum, § 1370. Verdict, proceedings where defendant declared insane, § 1370. Verdict, proceedings where defendant declared sane, § 1370. Who are persons of sound mind, § 21. INSOLVENCY. Fraudulent, §§ 557-572. Officer of insolvent bank receiving deposit guiltv of misdemeanor, § 562. 1UU4 INDEX. INSPECTION. Corporate books, refusal of. a miscleinoanor, § .56.1. OlHcer connected with revenue refusing, of books, punisluiiont of, § 440. INSPECTOR OF ELECTION. See Elections. iTfSTRUCTIONS. Advising jury to acquit, § 1118. Appeal, record on, instructions with indorsement on become part of, § 1176. Appeal, review on, when instructions written, § 1176. Appellate court may review action on, although no exception taken, § 1259. Duty in giving or refusing, § 1127. Duty of court generally, § 1127. Error in, new trial for, § 1181. Errors, immaterial, in general, § 1404. Essentials of, generally, § 1127. Excepting to written, not necessary, § 1176. Fact, court cannot charge on question of, § 1439. Form part of record on appeal, § 1176. Giving or refusing, duty of court, § 1127. Grand jury, charge to, §§ 905, 928. How presented for review, § 1176. Indorsing or signing decision on, §§ 1127, 1176. Insanity, on trial of, § 1369. Justice's court, in, § 1439. Law, court may declare, § 1093. Law, court to state all matters of, necessary for jury's deter- mination, § 1127. Need not be embodied in bill of exceptions, § 1176. Oral to be taken down by shorthand reporter, § 1127. Part given, part refused, indorsement distinguishing, § 1127. Points pertinent to issue, court must instruct on, § 1093. Keporter to take down where not written, §§ 1093, 1127. Eequests for, § 1127. Retiring jury may take with them, § 1137. Testimony, court may state, § 1093. Time for, § 1093. "Written, appeal, review on, § 1176. Written, if not, to be taken down by shorthand reporter, § 1093. Written need not be excepted to, § 1176. Written, to be except inx certain cases, § 1127. INSTRUMENT. Destroying, to prevent use at trial, a misdemeanor, § 135. Injury or destroying, punishment of, § 617. Larceny of, value of, §§ 492, 494. Offering forged, for record, a felony, § 115. Offering forged, in evidence, a felony, § 132. Use of false, upon trial, a felony, § 134. INSURANCE. Burning insured property, punishment of, § 548. Destroying insured property, punishment of, § 548. False proofs to support claim for, presenting, punishment of, §549. Lottery tickets, or drawing, of. a misdemeanor, § 324. INDEX. 1005 INSURANCE. (Co;itiuuea.) Police relief, health aud life iusuiauoe fund, paynieut to. Ap- pendix, tit. "Police." Prison directors authorized to insure jute and jute goods. Ap- pendix, tit. "State Prisons." Procuring from foreign company which has not complied with law, a misdemeanor, § 439. INSURRECTION. Attempting rescue or escape while county in state of, punish- ment of, § 411. Governor may declare county in, § 732. Governor may order out militia, § 732. Resisting process where county in state of, punishment of, § 411. Resisting the quelling of, punishment of, § 411. Revoking proclamation of, by governor, § 733. INTENT. Act committed through misfortune or by accident where no intent, § 26. Intoxication may be considered in determining, § 22. Manifested, how, § 21. Mistake or ignorance of fact, disproving criminal intent, effect of, § 26. Must be united with act, § 20. To commit murder, assault with, punishment of, § 217. To defraud, assignment made with, punishment of, § 154. To defraud, what sufficient, § 8. Unconsciously committing crime, effect of, § 26. Unity of act and intent necessary, § 20. INTEREST. Pawnbroker charging illegal rate a misdemeanor, §§ 338, 340. INTERMENT. See Cemetery. INTERPRETER. See Construction; Codes. Grand jury, before, § 925. See Grand Jury. Grand jury, before, services a charge against county, § 925. INTERROGATORIES. See Commission; Deposition. INTIMIDATION. Juror, of, punishment of, § 95. Voter, of. See Election. INTOXICATING LIQUORS. Administering, a felony, § 222. Adulterated, keeping or sale of, punishment of, §§ 382, 383. Adulteration of. See Adulteration. Adulteration of, punishment of, §§ 382, 383. Bringing into jail, prison or reformatory, a felony, § 171a. Camp-meeting, sale at, or within one mile of, punishment of, §§304, 305. Drunkard, sale to, a misdemeanor, § 397. Appendix, tit. "In- toxicating Liquors." Election day, sale of liquors on, punishment of, §^63b. Election days, selling or giving away on, forbidden, § 63b. Indian, sale to, a misdemeanor, § 397. See Indians. Infant, habitual intoxication in presence of, a misdemeanor, §273g. 100G INDEX. INTOXICATING LIQUORS, (((uilimie.l.) lufaut, i>ernuttiiig to gamble in saloon, a misdemeanor, § 33G. Infant uudor oiglitoeu, giving or selling to, a misdemeanor, § 397b. Infant under eighteen, permitting to enter saloon, a misdemeanor, § 397b. Infant under eighteen, selling or giving liquor to, punishment of, § 397b. Infant under eighteen, sending to saloon, a misdemeanor, § 273f. Infants, act relating to sale of liquor to, § 397b, note. Intoxication. See Intoxication. Payment of wages to employees in bar-room, a misdemeanor, § 680. Procuring or permitting exhibition of females in saloon, for- bidden, § 306. Eailroad employee becoming intoxicated, punishment of, §§369f, 391, Eailroad employees, intoxication of, a misdemeanor, § 391. Sale of between 3 ar.d 6 o'clock A. M., a misdemeanor, § 397c. Sale of between 2 a}id 6 o'clock A. M., prohibited, § 397c. Sale of, in state capitol building, act relating to, § 172, note. Sale of, in state capitol or on grounds of, a misdemeanor, § 172. Sale of, near soldiers' home, act relating to, § 172, note. Sale of, near University of California, act relating to, § 172, note. Sale of, prohibited in vicinity of what institutions, § 172. Sale of within certain distance of camp or assembly of men- engaged in public work, prohibited. Appendix, tit. "In- toxicating Liquors." Sale of, within certain distances of certain public institutions, a misdemeanor, § 172. Sale of within nineteen hundred feet of prison, a misdemeanor, §172. Sale of within nineteen hundred feet of reformatory, a mis- demeanor, § 172. Sale of within one mile of University of California, a mis- demeanor, § 172. Sale within mile and a half of soldiers' home, a misdemeanor, § 172. Sale of within three miles of University Farm at Davis, a misde- meanor, § 172. Sale of within certain distances of certain public institutions, license for evidence of guilt. § 172. Tainted, sale of, punishment of, § 382. Theater, employing women to sell at, a misdemeanor, § 303, note. Wages, payment of in saloon, a misdemeanor, § 680. Wines. See Wines. INTOXICATION. Act relating to Home of the Inebriates in San Francisco con- tinued in force, § 23. As defense to crime, § 22. Automobile or motorcycle, driving while intoxicated, punish- ment of, § 367d. Intent, may be considered in determining, § 22. Intoxicating liquors. See Intoxicating Liquors. No excuse for crime, § 22. Officers, intoxication of, punishment of. Appendix, tit. "Officers." INDEX. 1007 INTOXICATION. (Continued.) Persons by contrivance causing another to commit crime are principals, § 31. Physician, intoxicated, guilty of misdemeanor, when, § 3-46. Railway employees, of, a misdemeanor, § 391. Telegraph operator, of, a misdemeanor, § 391. Train-dispatcher, of, a misdemeanor* § 391. Vagrants, common drunkards are, § 647. INVENTORY. Of property taken under search-warrant. §§ 1537, 153S. Property taken under search-warrant. See Search-warrant. INVOICE. Destroying, a misdemeanor, § 355. Fraudulent, punishment for making, § 541. INVOLUNTARY SERVITUDE. Holding or attempting to hold one in, punishment of, § 181. Jurisdiction of offense of kidnaping for, § 784. Kidnaping for purpose of, what constitutes, § 207. IRRIGATION. Malicious injury to works, punishment of, §§ 592, 607. ISSUE. Challenge, in trial of, §§ 1061, 1078, 1081. Fact, of, arises on plea of not guilt^y, once in jeopardy, and former conviction or acquittal, § 1041. Fact, of, tried how, § 1042. Fact, of, when arises, § 1041. Justice's court, in, how tried, § 1430. Presence of defendant at trial, necessity of, § 1043. JACKS. See Animals. JAIL. See Prison. Accommodations for prisoners. § 1611. Bringing drugs, liquors, weapons or explosives into, a felony, §171a. Civil process, prisoner on, when not to be received, § 1C12. Civil process, security for expenses of prisoner on, § 1612. Classes of inmates, separate confinement of, §§ 1598, 1599. Confinement to be actual, § 1600. Contagious disease, removal of prisoners in case of, § 160S. Contiguous county, designating jail of, where no jail in county, § 1603. Contiguous county, designation of jail of, where prisoners removed because of pestilence or contagious disease, § 1608. Contiguous county, jailer to receive prisoners, § 1604. Contiguous county of, liability for prisoners in, § 1604. Contiguous county, of, return of prisoners from, § 1606. Contiguous county, of, using, §§ 1603-1606. Contiguous county, order designating, certifying and serving on sheriff or keeper, § 1604. Contiguous county, revocation of order designating as place of confinement, return of prisoners on, § 1606. ]008 INDEX. JAIL. (Continued.) Coutiguous coiiuty, it'xocatioii ui (udcr (IcsigiiJitiiig vvlioit; juil ercfti'il or iiiado fit and safe, § lliU.j. Contiguous county, revocation or modification of order tor con- finement in jail of, §§ 1GU3, 1GU5. (Contiguous county, sheriff or keeper of, duty and liability of, § 1G04. Contiguous county, unfit or unsafe, designating jail of, for con- finement, § 1603. Credits of prisoner in county jail for good behavior, § 1G14. Destroying, injuring, etc., punishment of, § 606. Disease, removal of prisoners because of, § 1608. Drugs, bringing into, a felony, § 171a. Escape, carrying or sending in things useful to aid in, punishment of, § 110. Escape from, punishment of person aiding, § 109. Escape, jailer aiding or suffering, punishment of, § 108. Escape, permitting 23risoner to go at large is, § 1600. Federal prisoners to be confined in, § 1601. Female prisoners in, appointment of woman to have care of, § 1616. Female prisoners, male officer not to enter room or cell of, § 1616. Female prisoners, male officer not to search, § 1616. Females separate from males, §§ 1598, 1.599, 1616. Firearms, bringing into, a felony, § 171a. Fire, removal of prisoners in case of, § 1607. Guard for, expenses of, a county charge, § 1610. Guard for, power of sheriff to employ, § 1610. Hair-cutting of persons convicted of misdemeanor, § 1615. Intoxicants, bringing into, a felony, § 171a. Jailer refusing to receive or arrest party charged with crime, pun- ishment of, § 142. Kept by whom, § 1597. Labor by prisoners, rules and regulations respecting, § 1614. Labor, credits given to prisoner on performance of, § 1014. Labor, prisoners may be required to, § 1613. Other county, of, when may be used, § 1603. Other county, of, when use of to cease, § 1605. Other county, of. See ante. Contiguous County. Papers for prisoner, duty of sheriff or jailer receiving, § 1609. Papers for prisoner, may be served on sheriff or jailer, § 1609. Pestilence, removal of prisoners in ease of, § 1603. Prison. See Prison. Prisoner. See Prisoner. Prisoner in jail in another county, how brought before court, § 1567. Prisoners on civil process when not received, § 1612. Purposes for which used, § 1597. Eefusal to arrest or receive person charged with crime, punish- ment of, § 142. Eooms required in, § 1598. Eules and regulations, § 1614. Separate confinement of different classes of prisoners, §§ 1598, 1599. Service on jailer for prisoner, duty of jailer, § 1609. Sheriff answerable for federal prisoners, § 1602. Sheriff to keep, § 1597. Sheriff to receive and provide for all persons committed, § 1611 Support of prisoner on civil process, § 1612. INDEX. 1009 JAIL. Continued.) Used for what purposes, § 1597. Weapons, bringing into, a felony, § 171a. Who confined 'in, § 1597. JAPANESE. Importation of, punishment of, §§ 174, 175. Importation of women for immoral purposes, punishment of, § 2titic. Importing, separate penalty for each person imported, § 175. JEOPARDY. See Former Jeopardy. JOINDER. Indictment or information, joinder of offenses in, § 951. JOINT. Authority, majority may exercise, § 7. Defendants, when tried separately or jointly, § 1098. JOINT DEFENDANTS. Acquital or conviction of one or more, § 970. Separate trials, right to, § 1098. Verdict as to some, new trial as to others, §§ IIGO, 1442. JOINT-STOCK COMPANY. Director at meeting presumed to assent to proceedings, when, § 569. Failure of officers to obey legal duty, a felony, § 564. False reports by officers, a felony, § 564. Fraud in keeping accounts of, punishment of, § 563. JUDGE. See Superior Court Judge; Supreme Court Justices; Justice of Peace. Asking or receiving any reward or promise of, guilty of misde- meanor, § 94. Bribe, asking, receiving or agreeing to receive, punishment of, §93. Bribery of, punishment of, §§ 92, 93. Disclosing fact of indictment being found, a misdemeanor, § 168. Federal judge, offense against. Appendix, tit. "Conspiracy." Forfeits office and is .disfranchised for what offenses, § 98. Impeachment, liable to, § 737. Indictment or information, disclosing fact of, a misdemeanor, § 168. Magistrates, judges are, § 80S. Plains, of, effect of code on statute in relation to, § 23. Eeceiving bribe, punishment of, § 93. Receiving emolument or reward, punishment of, § 94. Stenographer, receiving part of salary of, by judicial officer, pun- ishment of, § 94. Substituted judge in criminal action, powers of, § 1053. Substitution of in criminal action on death, illness or inability of judge, § 1053. Superior, proceedings on information against or indictment of, § 1029. JUDGES OF THE PLAINS. Acts relating to continued in force, § 23. JUDGMENT. See Execution; Sentence. Acquittal, of, may be entered on informal verdict, § 1162. Pen. Code — 64 1010 INDEX. JUDGMENT. (Coiitiiiiieil.) AUiriiR'd or aiiix'iil disinissod, proccoi lings in case of, § 1470. Aggravation of j)iinislinu>nt, proof of matters in, liow made, § 1204. Agreeing to give, i)unisliniejit of, § i"). Appeal Ironi. ^ee Ai)[)eal. Arraignment of defendant for, and proceedings on, § 1200. Arrest of, §§ 1IS5-11SS. Arrest of, appeal lies from order, § 12.38. Arrest of, court may order on its own motion when, § 1186. Arrest of, court's own motion, how made on, § 1186. Arrest of defendant out on bail, not appearing for judgment, § 1195. Arrest of, defendant when to be held or discharged, § 1188. Arrest of, effect of, § 1187. Arrest of, motion for, order for to be entered immediately in min- utes, § 1185. Arrest of, motion in defined, § 1185. Arrest of, motion must be made before judgment, §§ 1185, 1450. Arrest of, motion upon what may be founded, § 1185. Arrest of, recommitment of defendant, § 1188. Arrest of, when an acquittal, § 1188. Arrest of, when and when not a bar, § 1188. Authority necessary to execution of, other than death, § 1213. Bail, defendant out on, proceedings where he does not appear for judgment, §§ 1195-1197. Bar, arrest of judgment is, when and when not, § 1188. Bench-warrant where defendant out on bail does not appear, §§ 1195-1198. Cause against, what may be shown, § 1201. Certified copy to be furnished officer who executes it, § 1213. Constable purchasing, a misdemeanor, when, § 97. Conviction of, cannot be entered on informal verdict, § 1162. Conviction, of, when only can be entered, § 1162. Costs against prosecutor, judgment for and enforcement of, §§ 1447, 1448. Death, of, governor may require opinions of supreme court jus- tices and attorney-general on, § 1219. Death, of , how executed, §§ 1217, 1228, 1229. Death, of, opinion of justices, § 1219. Death, of, power to suspend, § 1220. Death, of, proceedings wdien it has not been executed, § 1227. Death, of, proceedings w^here defendant becomes insane, §§ 1221- 1224. Death, of, proceedings where defendant pregnant, §§ 1225, 1226. Death, of, return upon death warrant, § 1230. Death, of, transmission of papers to governor, § 1218. Death of, where executed, § 1299. Death, of, who to be present, § 1229. Death, unexecuted sentence of, carrying into effect, § 1227. Death, unexecuted sentence of, no appeal lies from order setting day for execution of, § 1227. Defendant in custody, how brought in for, § 1194. Defendant on bail not appearing, bench-warrant, § 1195. Delivery of i'opy of to warden of prison, § 1216. Demurrer, on, § 1007. Deposit in place of bail to be applied on judgment for fine, § 1297. Dismissal. See Dismissal. Entry of, clerk to make in minutes. § 1207. INDEX. 1011 JUDGMENT. (Contimiod.) Entry of, what to show, § 1207. Execution of. See Execution. Execution of judgment other than of death, § 121.3. Felony, time of pronouncing:, in case of, § 1191. Fine and imprisonment, limitation on imprisonment, §§ 120.5, 1446. Fine and imprisonment, of, how executed, § 1215. Fine, deposit in lieu of bail to be applied on, § 1297. Fine, for, execution may be issued thereon, § 1214. Fine, for, may direct imprisonment until paid, § 1446. Fine, imprisonment until payment of, §§ 1205, 1446, 1456. Fine, judgment for, constitutes a lien, § 1206. Fine, judgment for execution may issue on. § 1214. Fines. See Fines. Fraudulent disposition of property by defendant to defeat, pun- ishment of, §§ 154, 155. Impeachment, on, §§ 747-749. Imprisonment in state prison, for, how executed, § 1216. Imprisonment, of, how executed, § 1215. Infant delinquents, probationary treatment of, §§ 1203, 1388. Sec Infant; Probationary Treatment. Informal verdict, judgment of acquittal can be entered on, § 1162. Informal verdict, judgment of conviction cannot be entered on. §1162. Insanity of defendant, proceedings to determine, §§ 1221-1224. Insanity, showing against, and proceedings on, § 1201. Judge and district attroney, inquiry by into record of defendant and cause of offense, taking testimony and transcribing of, § 1192a. Judge and district attorney, inquiry by into record of defendant and cause of offense, testimony to be filed with clerk of court and warden of prison, § 1192a. Judge and district attorney to file views concerning defendant and crime committed, § 1192a. Judge and district attorney to inquire into facts concerning prior record of defendant and cause of crime, § 1192a. Judge and district attorney, views of, clerk of court to send certi- fied copy of to clerk of prison, § 1192a. Judgment-roll, what papers constitute, § 1207. •Jurisdiction, facts constituting to be shown on trial, § 962. Justice purchasing, when a misdemeanor, § 97. Justice's court, in, §§ 1445-1456. Justice's court, in. See Justice's and Police Court. Lien of judgment for fine, § 1206. Mitigation of punishment, circumstances in, §§ 1203, 1204. Mitigation of punishment, proof of matters in, how made, § 1204. Pleaded, how, § 962. Police court, in. See Police Court. Presence of defendant, how obtained when in custody, § 1194. Presence of defendant, necessity of, § 1193. Probation, rearrest of defendant and pronouncing judgnieni, §§ 1203, 1215. Probation, revocation, suspension or modification of, §§ 1203, 1215. Probation, suspension of sentence, and placing defendant on, § 1203. Probation, termination of and discharge of defendant, § 1203. Probationary treatment, defendant fulfilling conditions permitted to withdraw plea of guilty and enter plea of not guilty, § 1203. 1012 INDEX. JUDGMENT. (CuMtiinuMl.) rrobationaiy treat men t, defemlant iulfilliiig conditions, setting aside verdict and dismissing information, § 12U;j. Probationary treatment, defendant may be jdaced on probation on plea or verdict of guilty, § ]'2()'.^. Probationary treatment, inquiry into aggravation or mitigation of punishment, S ll'liH. Probationary treatment, investigation by probation officer, § 1203. Probationary treatment of juvenile offenders, § 13SS. Probationary treatment, on judgment of fine and imprisonment, §§ 1203, 1215. Probationary treatment, povv'er of court to revoke or modify or- der of suspension, § 1203. Probationary treatment, revocation of probation and commitment to prison, § 1203. Probationary treatment. See Probationary Treatment. Proceedings on arraignment for judgment, § 1200. Proceedings where defendant out on bail does not appear, §§1195-1197. Proceedings where female under death sentence is pregnant, §§ 1225, 122G. Pronounced, if no cause against shown, § 1201. Purchase of, by constable or justice, a misdemeanor, § 97. Eecord of action, what constitutes, § 1207. Sanity, rendition of judgment after restoration of defendant to, § 1372. Special verdict, on how given, § 1155. Summary inquiry into matters of aggravation or mitigation of punishment, § 1203. Time for, failure to render within time fixed, new trial granted, § 1202. Time for pronouncing, appointing, § 1191. Time for pronouncing, extending to determine motion for new trial or in arrest, § 1191. Time for pronouncing, extending where probation or insanit}' of defendant suggested, § 1191. Time for, when to be rendered, § 1202. Transmission of papers to governor, where judgment of death, § 1218. JUDGMENT-ROLL. What constitutes, § 1207. JUDICIAL NOTICE. Matters of need not be stated in indictment or information, § 961, Private statute, of, § 963. JUDICIAL OFFICER. See Officer. Bribery of. See Judge. Federal, offense against. Appendix, tit. "Conspiracy." Salary of stenographer or reporter, receiving part of, punishment of, § 94. JUNK. See Junk Dealers. Infant, receiving from, a misdemeanor, § 501. JUNK-DEALERS. Buying from minors, a misdemeanor, § 501. Failing to keep register, a misdemeanor, § 339. Receiving junk in pledge from minors, a misdemeanor, § 501. INDEX. 1013 JUNK-DEALERS. (Continued.) Eefiising inspection of books, or articles, a niisilemeanor, § 343. Sections of code applying to, S§ 344, 502. Subject to rules of pawnbroliers, § 344. JURISDICTION. Abduction, of, § 784. Accessories, of, where principal offense in another county, § 791. Act commenced without state and consummated in state through agent, § 778. Acts partly within one county, and partly within another, § 781. Aiding and abetting out of state crime committed in state, lia- bility, § 27. Bigamy, of, § 785. Boundary of counties, offense committed on, § 782. Boundary of county, offense within five hundred yards of, § 782. Child, taking or enticing away, of, § 784. Commitment of defendant where jury dismissed for lack of, §§ 1114, 1115. Concubinage, enticing or taking away woman for, of, § 784. Counties, offense committed on boundaries between, § 782. County, act partly in one and partly in another, § 781. County, property feloniously taken out of, and brought into, § 786. County where committed, jurisdiction is in, § 777. Crime committed out of state, when punishable here, § 27. Discharge of defendant where court without, § 1116. Discharge of defendant where jurv dismissed for lack of, §§ 1114, 1115. Discharge of jury where court has no jurisdiction, § 1113. Duel, leaving state to evade statute. § 231, 780. Duel without state, death within, § 779. Embezzlement out of state, property brought in, § 789. Enticing awaj^ child, § 784. Escape from prison, of, § 787. Evasion of statute, leaving state for purpose of, jurisdiction in case of, §§ 231, 780. Facts constituting to be shown on trial, § 962. Goods feloniously taken in one county and brought into another, §786. Goods stolen out of state and brought within state, § 497. Homicide, injury in one county, death in another, § 790. Incest, of, § 785". Information for offense triable in another county, proceedings, §827. In general, § 7/7. Jury, discharge of where court has no jurisdiction, §§ 1113, 1115. Justice's court, of, § 1425. Kidnaping, of, § 784. Larceny out of state, goods brought in, § 789. Non-resident aiding in a crime in this state, § 77Sb. Objection, how and when may be taken, § 1012. Objection to, not waived, § 1012. Oft'ense commenced within and consummated without state, § 778a. Offenses commenced without and consummated in through agent, §778. Offense commenced without but consummated within state, § 778. Offense committed on boundary line lietween counties. § 782. Offenses committed in this state, jurisdiction over, § 777. 1014 INDEX. JURISDICTION. (Coiitimiod.) Offenses coiiimitted out of state, when punishable in state, § 27. OfTonse committed partly in one county and partly in another, §781. Offense committed partly in state, § 778a. Offense committed within five hundred yard.s of boundary of county, § 782. Offenses over which courts have, generally, § 777. Person out of state aiding crime within, § 778b. Priucip.Tl, of, not present at commission of offense, § 792. Prize-fight, over, § 79o. Proceedings if jury discharged for want of jurisdiction of offense committed out of the state, § 1114. Proceedings if jury discharged for want of when offense com- mitted in state, §§ 1115, 1116. Proceedings when court has not, §§ 1114-1116. Property feloniously taken in one county and brought into an- other, § 786. Prostitution, inveigling or taking away female for, of, § 784. Eailroad train, jurisdiction where offense committed on, § 783. Keceiving stolen goods out of state and bringing into, § 789. State, acts without, §§ 778 779, 780. Stolen property, bringing into state, §§ 27, 497, 789. Train, of offense on, § 783. Treason out of state, of, § 788. Vessel, of offense on, § 783. Want of, discharge on habeas corpus, § 1487. JUROR. See Grand Jury; Jury. JURY. See Grand Jury. Absence of, court niay adjourn pending, but deemed open for business, § 1142. Accommodations for, court may order sheriff to provide, § 1135. Accommodations for, expenses of, a county charge, § 1135. Accommodations for, on retirement, § 1135. Accommodations for, sheriff to furnish, if supervisors do not, § 1135. Accommodations for, when kept together, § 1135. Accommodations for, who to provide, § 1135. Accusation against officer, trial of to be by, § 767. Acquit, advising to, § 1118. Adding to, changing or falsifying list of jurors, punishment for, §§ 116, 117. Adjournment of court during absence of, § 1142. Admonishing of on adjournment, § 1122. Agreement, may come to before retiring, § 1128. Agreement, officer to conduct jury into court on, § 1147. Alternate jurors, court may order, when, § 1089. Alternate jurors, custody and discharge of, § 1089. Alternate jurors, drawing, qualifications, challenging, § 1089. Alternate jurors, how ordered. § 1089. Alternate jurors, number of, § 1089. Amendment of challenge to panel, § 1062. Bribe, asking, receiving or agreeing to receive, punishment of, §93. Bribery of jurors, punishment of, §§ 92-96. Certifying to false list, a felony § 117. Challenge, affinity, for, § 1074. INDEX. 1015 JURY. (Continued.) Challenge, alternate jurors, oaths, privileges, powers and duties, § 1089. Challenge, alternate jurors, to, § 10S9. Challenge, attorney and client, relationship of, § 1074. Challenge, being member of family as ground of, § 1074. Challenge, bias, actual, causes stated how, § 1076. Challenge, bias, entry of, § 1076. Challenge, bias, grounds of, §§ 1073, 1074. Challenge, bias, how taken, § 1076. Challenge, bias, implied, causes stated how, § 1076. Challenge, bias, implied, grounds for, § 1074. Challenge, bias, opinions formed from rumors, reading papers, etc., as a disqualification, § 1076. Challenge, bias, what discjualifies, §§ 1073, 1074. Challenge, causes of stated how, § 1076. Challenge, consanguinity, for, § 1074. Challenge, conscientious scruples against death penalty, § 1074. Challenge, court must allow or disallow, § 1083. Challenge, decision of court on, to be entered, § 1083. Challenge, decision on, court must render, § 1083. Challenge, defendants tried together cannot sever in challenges, § 1056. Challenge, defendants tried together must join in, § 1056. Challenge, defendant to be informed as to when he must take, § 1066. Challenge defined, §§ 1055, 1071. Challenge, denial, right to take and trial of, §§ 1077, 1078, 1081. Challenge, examination of juror, § 1081. Challenge, exception to and proceedings on, §§ 1061, 1062, 1077, 1078. Challenge, exception to, right to take and trial thereof, §§ 1077, 1078, 1081. Challenge, exemption not ground for but a privilege, § 1075. Challenge, facts alleged may be denied orally, § 1077. Challenge, fiduciary relation, for, § 1074. Challenge, first by defendant, then by people, § 1086. Challenge for cause defined, § 1071. Challenge for cause, either general, or special, § 1071. Challenge for cause, either party may take, § 1071. Challenge for cause, entry of, § 1076. Challenge for cause, general, defined, § 1071. Challenge for cause, general, grounds for, §§ 1071, 1072. Challenge for cause, general or particular, § 1071. Challenge for cause, how stated, § 1076. Challenge for cause, how taken, § 1076. Challenge for cause, kinds of, § 1071. Challenge for cause, order of, § 1087. Challenge for cause, particular, defined, § 1071. Challenge, for cause, particular, grounds of, §§ 1071, 1073. Challenge for having served as juror, § 1074. Challenge, grand jury, to. See Grand Jruy. Challenge, grounds of, for implied bias, § 1074. Challenge, guardian and ward, relationship of, § 1074. Challenge, having adverse interest in civil action, § 1074. Challenge in justice's court, § 1436. Challenge in justice's court. See Justice's and Police Court. Challenge in police court. See Police Court. 1016 INDKX. JUKY. (CoiitimiiMl.) Challenge, kinds of, §§ 1055, 1067, 1071. Challenge, master and servant, relationship of, §1074. Challenge may be to panel or to individual juror, § 1055. Challenge, opinions formed from rumors, reading papers, etc., as a disqualification, § 107n. Challenge, order of, §§10S(i, 1IIS7, 1088. Challenge, ]iarticular relations of persons, as ground for, § 1074. Challenge, party, for having been, § 1074. Challenge, peremptory, after challenges for cause exhauS'ted, §1088. Challenge, peremptory, defined, § 10(59. Challenge, peremptory, how and by whom taken, § 1069. Challenge, peremptory, number of challenges allowed, §§ 1070, 1089. Challenge, peremptory, order of taking, § 1088. Challenge, peremptory or for cause, is, § 1067. Challenge, peremptory, to alternate jurors, § 1089. Challenge, peremptory, when taken, § 1088. Challenge, service as juror in civil action for offense, § 1074. Challenge, service on former jury in same case, § 1074. Challenge, service on grand jury finding indictment, § 1074. Challenge, service on trial of another for same oifeuse, § 1074. Challenge, time for taking, § 1068. Challenge to individual juror is either peremptorv or for cause, § 1067. Challenge to panel allowed, discharge of jury, § 1065. Challenge to panel, amendment of, § 1062. Challenge to panel defined, § 1058. Challenge to panel, denial of, how made and tried, § 1063. Challenge to panel, denial, to be entered, § 1063. Challenge to panel, either party may take, § 1058. Challenge to paiiel, exception to, adverse party may take, § 1061. Challenge to panel, exception to, how taken, § 1061. Challenge to panel, exception to, proceedings on allowing or over- ruling, § 1062. Challenge to panel, exception to, trial of, § 1061. Challenge to panel for bias of summoning officer, grounds of, § 1064. Challenge to panel for bias of summoning officer, how made and determined, § 1064. Challenge to panel formed from persons not drawn, § 1064. Challenge to panel, grounds for, § 1059. Challenge to panel not allowed, impaneling jury, § 1065. Challenge to panel, proceedings on allowance or disallowance, § 1065. Challenge to panel, taken when and how, §§ 1060, 1087. Challenge to panel, trial of, § 1063. Challenge, trial of, decision on, court must render, § 1083. Challenge, trial of, decision on to be entered, § 1083. Challenge, trial of, how tried, § 1081. Challenge, trial of, juror challenged, examination of, as a witness. § 1081. Challenge, trial of, rules of evidence on, § 1082. Change, landlord and tenant, relationship of, § 1074. (Changing lists of, a felony, § 116. Charging. See Instructions. Communication outside of proceedings, juror receiving, punish- ment, § 96. INDEX. 1017 JURY. (Continued.) Coroner's. See Coroner. Custody of, duty of officer having, §§ 1121, 1128, 1440. Decision of, may be in court, or on retirement, § 1128. Degree of crime to be found, § 1157. Deliberation, instructions may be taken with them, § 1137. Deliberation, what papers may take with them, § 1137. Depositions, may not take with them on retirement, § 1137. Destroying jury-box, a felony, § 116. Destroying jury-lists, a felony, § 116. Discharged before verdict, not to be unless by consent or they cannot agree, § 1140. Discharged, not to be unless no probability of agreement, § 1140. Discharged without verdict, retrial of cause, §§ 1141, 1147. Discharge of, for want of jurisdiction and proceedings on, §§ 1113-1116. Discharge of, retrial, §§ 1141, 1147. Discharge of, when facts do not constitute offense, power of court, §1117. Discharge of, when facts do not constitute offense, proceedings on, §1117. Discharge of, where on return all do not appear, § 1147 Discharge, where juror becomes sick after retirement, § 1139. Evidence, receiving out of court, new trial for, § 1181. Exception to challenge and proceedings on, §§ 1061, 1062, 1077, 1078. Exemption from jury duty not a ground of challenge but a priv; lege, § 1075. Fact, issue of, triable by, § 1042. Fact, questions of to be decided by, § 1126. False lists, certifying to, a felony, § 117. Falsifying lists, a felony, § 117. Fees of jurors and payment thereof, § 1143. Food and lodging for to be supplied to where kept together, § 1136. Food and lodging for where kept together a county charge, i, 1136. Formation of same as in civil cases, § 1046. Grand. See Grand Jury. Illness of juror, proceedings on, § 1123. Influencing juror improperly, punishment, § 95. Information, jury may return for, § 1138. Information, returning for, proceedings on, § 1138. Inquest, of. See Coroner. Instructions. See Instructions. Instructions, jury may take with them, § 1137. Intimidating, punishment of, § 95. Issues of fact to be tried by, § 1042. Jury-box, extracting from, or putting names in, a felony, § 116. Jury-box, interfering with, or destroying, a felony, § 116. Justice's court, in. See Justice's and Police Court. Keeping together or separating during trial, discretion of court, §1121. Knowledge of facts, proceedings where juror declares, § 1120. Knowledge of juror to be declared, § 1120. Law and fact, may determine in libel, §§ 251, 1125, 1126. Law, jury to take from court, § 1126. Lesser offense or attempt, conviction of, § 1159. liists, altering, changing, or interfering wuth, a felony, § 116. 1018 INDEX. JURY. (Coiitiiuu'd.) Lists, oflicor rertifviiijr to fiilse, a felony, § 117. Lists, ofTicor falsi fviiij;, a felony, §117. Mileage of jnrors, and how paid, § 114^. Misconduct of ,iiirovs, imnislunent of, § 9fi. Misconduct of, new trial, § 1181. Misdemeanor, waiver of jury in, § 1042. Number of jurors in misdemeanor eases, § 1042. Oath of in justice court, § 14.37. Oath of officer having custody of, §§ 1121, 1128, 1440. Officer, removal of, trial to be by, § 767. Officer taking charge of, swearing of, § 1128. Opinion, conscientious, of juror, precluding verdict of guilty, a ground of challenge, § 1074. Opinion, juror not disqualified by, § 107G. Panel defined, § 10-57. Papers that may be taken by, on retiring, § 1137. Police court, in. See Police Court. Polling of, and proceedings on, § 1163. Polling, sending out for further deliberation, § 1163. Previous conviction, jury to find on, § 1158. Proceedings where all jurors do not agree, §§ 1163, 1164. Proceedings where all jurors do not appear on return with ver- dict, § 1147. Proceedings where juror becomes sick, §§ 1089, 1123, 1139. Proceedings where juror becomes sick or unable to proceed, § 1123. Proceedings where jury discharged because no offense, § 1117. Proceedings where jury discharged for want of jurisdiction, §§ 1113-1116. Promise of juror to give verdict or decision, punishment of, § 96. Eeceiving bribe, punishment of, § 93. Ketirment, court may adjourn during, but deemed open for busi- ness, § 1142. Retirement, instructions may be taken with them, § 1137. Eetirement of, juror declaring knowledge during, proceedings on, § 1120. Retirement of, papers that rnay be taken on, § 1137. Retirement, swearing officer to take charge of, § 1128. Return for information, may, § 1138. Returning for information, proceedings on, § 1138. Return of, on agreement, § 1147. Return of, on agreement, proceedings where all do not appear, § 1147. Return of, proceedings on, § 1147. Rooms and accommodations for, a county charge, § 1135. Room and accommodations for after retirement, duty of sheriff where supervisors do not furnish, § 1135. Room and accommodations for, after retirement, supervisors to furnish, § 1135. Rumor, opinion formed from, not a ground of challenge, § 1074. Separation during trial, court may permit, § 1121. Separation of after retirement, new trial for, § 1181. Sick, juror becoming after retirement, proceedings on, § 1139 Sick, juror becoming, proceedings on, § 1123. Testimony, notes of, jury may take with them, § 1137. Verdict prevented, trial of cause again, § 1141. Verdict of. See Verdict. View of premises, ordered, when, § 1119. INDEX, 1019 JURY. (Continued.) View of premises, proceedings when ordered, § 1119. Waiver of in cases not amounting to felony, § 1042. Waiver of in justice's court, § 1435. Waiver of in police court, § 1435. Waiver of, manner of, § 1042. Witness, challenged juror as, to disprove challenge, § 1081. Witness, juror as on declaring knowledge of fact, § 1120. JUSTICE. See Supreme Court Justice. JUSTICE, FEDERAL. Offenses against. Appendix, tit. "Conspiracy." JUSTICE OF THE PEACE. See Justice's and Police Court. Corporation committing offense, summons to issue, § 1427. Corjioration committing offense, summons, service of, and pro- ceedings on, § 1427. Failure to pay over fines and forfeitures, a misdemeanor, § 427. Is magistrate, § 808. Warrant, when must issue, § 1427. JUSTICE'S AND POLICE COURT. Acquittal, discharge of defendant on, § 1454. Affidavits, want of title or defective title, effect of, § 1460. Affrays, jurisdiction over, § 1425. Appeal to superior court, §§ 14(36-1470. See Appeal. Arrest, form of warrant, § 1427. Arrest of judgment, defendant may move for, § 1450. Arrest of judgment, denial of motion, judgment to be pronounced, and entered, § 1453. Arrest of judgment, effect of, § 1452. Arrest of judgment, grounds for, § 1452. Arrest of judgment, time for motion in, § 1450. Assault, jurisdiction over, § 1425. Bail, defendant may be admitted to, § 1458. Bail, provisions of code relative to, prevail in, § 1458. Bail. See Bail. Battery, jurisdiction over, § 1425. Breaches of the peace, jurisdiction over, § 1425. Challenges to jurors, court to try, § 1436. Challenges to jurors, grounds of, § 1436. Complaint for misdemeanor to be filed within a year, § 1426a. Complaint, form of and what to set forth, § 1426. Complaint, proceedings to commence by, § 1426. , Continuance, right to, § 1433. Conviction, proceedings on, § 1445. Costs, judgment against prosecutor for and enforcement of, §§ 1447, 1448. Court cannot charge on question of fact, § 1439. Court to decide questions of fact, § 1439. Court, trial b}^ on waiver of jury, § 1430. Discharge of defendant on acquittal or judgment for fine with- out alternative, § 1454. Discharge of defendant on payment of fine, § 1457. Docket of, how kept, and what to contain, § 1428. Docket to be kept by judge or clerk, § 1428. Execution of judgment of imprisonment, manner of, § 1455. Execution of judgment of imprisonment until fine is paid § 1456. 1020 INDEX. JUSTICE'S AND POLICE COURT. (CoiiIjiuumI.) Fact, court not to instruct as to, § Hlii). Fiuo and inii)iisonni('nt on non-payment, § ]44(). Fine, disposition of, §§ }i'j7, i')7(i. Fine, failure to jiay over, § 427. Fine, judgment imposing and directing imprisonment until paid, enforcement of, § 145(i. Fine, judgment of, discharge of defendant, § ]4;j4. Fine, judgment of, discharge of defendant on payment of, § 1457. Fine, limit on imprisonment in case of, § 1446. Fines and forfeitures, how disposed of, §§ 1457, 1570. Indictment or information, offenses need not be prosecuted by, §682, Instructions as to facts not to be given, § 1439. Issue how tried, § 1430. Judges of are magistrates, § 808. Judgment, bail to appear for, on postponement, § 1449. Judgment, certified copy of to be given to sheriff or marshal, § 1455. Judgment of fine may direct imprisonment, § 1446. .Tudgment of imprisonment, how executed, § 1155, Judgment on plea of guilty, § 1445. Judgment, purchase of by a justice, a misdemeanor, when, § 97. Judgment, time for rendering, §§ 1449, 1453. Judgment to be entered in minutes, § 1453. .Jurisdiction, have, over what offenses. § 1425. .Jury, discharge of, without verdict, §§ 1443, 1444. Jury, discharge -without verdict, retrial of defendant, § 1444. Jury, formation of, manner of, § 1435. Jury may decide in court or retire, § 1440. Jury, oath of jurors, § 1437. Jury, officer taking charge of on retirement, oath of, § 1440. Jury, officer to take charge of on retirement, § 1440. Jury trial, how conducted, § 1438. Jury waived how, § 1435. Law, court to decide questions of, § 1439. Lottery, proceedings to enforce forfeiture of property in, § 325. Magistrate, justice is a, § 808. Malicious mischief, jurisdiction over, § 1425. Minutes kept how, § 1428. Misdemeanor, complaint for to be filed within a year, § 1426a. Misdemeanor, jurisdiction over, § 1425. New trial, defendant may move for, § 1450. New trial, denial of, judgment to be pronounced and entered, § 1453. New trial granted on appeal to be in superior court, § 1469. New trial, grounds for, § 1451. New trial, time for motion for, § 1450. Oath of jurors, § 1437. Oath of officer having custody of jury, § 1440. Offenses need not be prosecuted by indictment or information §682. Offenses, proceedings commenced by filing complaint, § 1426. Petit larceny, has jurisdiction over, § 1425. Plea of guilty, examining witnesses and proceedings where de- fendant guilty of higher offense, § 1429. Plea of guilty, proceedings on, §§ 1429, 1445. Plea, same pleas allowed as in case of indictment, § 1429. INDEX. 1U21 JUSTICE'S AND POLICE COURT. (Continued.) Plea to be oral and entered in minutes, § 1429. Postponement of trial, right of, § 1433. Presence of defendant necessary, §§ 1434, 1438. Prosecution need not be by indictment or information, § 682. Kiots, jurisdiction over, § 1425. Rout, jurisdiction over, § 1425. Subpoenas, issuance of, § 1459. Subpoenas, punishment for disobedience, § 1459. Trial conducted how, § 1438. Venue, change of, §§ 1431, 1432. Venue, change of, affidavits on motion, § 1431. Venue, change of, grounds for, § 1431. Venue, change of, proceedings on, § 1432. Verdict, discharge of jury without, and proceedings on, §§ 1443, 1444. Verdict of jury, how delivered and entered, § 1441. Verdict of jury, when several defendants are tried together, § 1442. Verdict to be general, § 1441. JUSTIFICATION. Bail, of, §§ 1279, 1280, 1288. See Bail. Persons aiding officers in preventing crime, when justified, § 698. JUTE. Prison directors authorized to fix the price, terms and conditions of sale of jute bags. Appendix, tit. "State Prisons." Prison directors authorized to insure jute or jute goods. Ap- pendix, tit. "State Prisons." JUVENILE COURT. Act creating. Appendix, tit. "Juvenile Court." Commitment and release of minors. Appendix, tit. "Juvenile Court." Dependent and delinquent children, care, custody and mainte- nance of. Appendix, tit. "Juvenile Court." Dependent and delinquent children, who are, act relating to. Appendix, tit. "Juvenile Court." Detention home for delinquent and dependent children. Appen- dix, tit. "Juvenile Court." Jurisdiction of superior court over offenses connected with depend- ent and delinquent children. Appendix, tit. "Juvenile Court." Misdemeanors need not be prosecuted by indictment or informa- tion, § 682. Probation committee, establishment of. Appendix, tit. "Juven- ile Court." Probation officers, creation and salaries of. Appendix, tit. ".Juvenile Court." Procedure in. Appendix, tit. "Juvenile Court." Punishment of persons responsible for dependent or delinquent children. Appendix, tit. "Juvenila Court." Repeal of juvenile court of act of 1903. Appendix, tit. "Juven- ile Court." JUVENILE DELINQUENT. See Juvenile Court. Probationary treatment of, § 1388. See Probationary Treatment. 1022 INDliX. KIDNAPING. Sec Abduction. AlMiiK'lion out of st:itc, and bringing jjorson in state, § '207. Child, punislimont for, § 278. Defined, § 207. False representations, by means of, punishment, § 207. Felony, is, §§208,209. Jurisdiction of, § 784. Punishment of, §§ 208, 209. Taking person out of state, and bringing within state, is, § 20i What amounts to, §§ 207, 209. KINGS RIVEE. Destruction of fish in, act to prevent. Appendix, tit. "Fish." KLAMATH RIVER. Limit of tide-water in, § G3 J. KNOWINGLY. Meaning of, § 7. LABEL. See Trade-mark. Counterfeited, using, a misdemeanor, § 3-50. Counterfeiting, a misdemeanor, § 3-50. False, on articles, a misdemeanor, § 349a. False, on goods, punishment for affixing, § 349a. Poisons, sale of, packages to be labeled, § 347a. Sale or manufacture of goods with counterfeited label, a misde- meanor, § 351. LABOR. See Hours of Labor; Labor Organizations; Master and Ser- vant. Eight hours, requiring minors to work more than, a misdemeanor. § 6.5L Prisoners may be required to, § 1613. Prisoners, rules and regulations therefor, § 1614. iStone-cutting by convict forbidden, § 15S8. Union labor, misrepresentations regarding employment of a misde- meanor, § 349c. Union labor, misrepresentations regarding employment of, punish- ment of, § 349c. Union labor, misrepresentations of kind of labor in producing goods, § 349a. LABOR ORGANIZATION. Coercing persons not to .join, a misdemeanor, § 679. Prevention of persons from unlawfully using a union card. Ap- pendix, tit. "Labor Unions." Prevention of unlawfully wearing button of. Appendix, tit. "Labor Unions." Trade-mark, registered, of, unlawful use, imitation or forgery of a misdemeanor, § 349h. Trade-mark, registered, of unlawful use, imitation or forgery of, punishment of, § 349b. LAKE BIGLER. Preservation of fish in, act for. Appendix, tit. "Fish.". INDEX. 1023 LAKE CHABOT. Fishing in, act forbidding. Appendix, tit. "Fish." LAKE MEERITT. Act to prevent destruction of fish and game in and around, con- tinued in force, § 23. TAKE TAHOE. Catching trout in streams running into, regulation of, § 632. LANDLORD AND TENANT. See Lease. Gambling by infant, lessee permitting, punishment of, § 336. Gambling, liability of lessor where premises used for, § 330a. Gambling, permitting by lessor, punishment for, §§ 331, 336. Kelationship of as ground of challenge to juror, § 1074. Tenant, when guilty of embezzlement, § 507. LANDMARK. Defacing, removing, etc., a misdemeanor, § 605. LARCENY. Allegations of theft of bank notes, moneys, certificates, etc., sus tained when, § 1131. Animals, stealing of certain is grand, § 487. Assault with intent to commit, punishment of, § 220. Automobile, bicycle or motorcycle, temporarily taking without consent, punishment, § 499b. Bringing stolen property within state, punishment, §§ 27, 497. County treasurer, delivery of unclaimed property to, § 1411. Custody of the propertv by peace-officer, § 1497. Defined, § 484. Degrees of, § 486. Delivery of the property to owner, §§ 140S-1410. Dogs are personal property, § 491. Dogs, value of, how ascertained, § 491. Electricity, stealing of, a misdemeanor, § 499a. Evidence to prove, what sufficient, § 1131. Fire, of goods saved from, in San Francisco, punishment of, § 500. Fixtures, of, § 495. Gas, stealing of, a misdemeanor, § 498. Grand, animals, stealing of, is, § 487. Grand, articles subject of, § 487. Grand, assault to commit, punishment of, § 220. Grand, converting realty into personalty with felonious intent, punishment of, act relating to. Appendix, tit. "Larceny." Grand, defined, § 487. Grand or petit, is, § 486. Grand, punishment of, § 489. Grand, stealing amalgam, gold-dust or quicksilver from any min- ing claim, punishment of, act relating to. Appendix, tit. "Larceny." Grand, taking property from person of another, § 487. Grand, what amounts to, § 487. Indictment or information for larcenv of money, bank notes, etc., §967. Jurisdiction when committed out of state, and goods brought in, §789. Jurisdiction where property brought into county, from another county, § 786. Jurisdiction where stolen goods brought into state, § 789. 1024 INDEX. LARCENY. (Continued.) Lost property, of, wliat constitutes, § 485. Mortgaged chaltel, reniovin. Willful injuries to property of another, a misdemeanor, § 650i/.. Works of art, injuring, § 622. Written instrument, injuring or destroying, punishment of. § 617. MALPRACTICE. By intoxicated physician, § 346. MANIFEST. Of cargo, fraudulent, punishment for making, § 541. MANSLAUGHTER. See Homicide. MANUFACTURED GOODS. False imprint or label. See Manufactures. MANUFACTURES. See Logs. False labels a misdemeanor, § 349a. False labels, punishment for affixing, § 349a. Fraud, in stamping and labeling, act to prevent, § 349a, note. MAP. Stealing or mutilating, punishment of, §§ 113, 114. MARINES. See Soldiers and Sailors; Soldiers' Home. JNUiiA. " 1033 MARIPOSA COUNTY. Act to protect stock-raisers iu, coutiuued iu force, § 23. MARK. Act coiiceriiiiig marks in Siskiyou County continued in force, § 23. Altering brands, punishment of, § 357. Brands. See Brands. Defacing, on wrecked property, a misdemeanor, § 35o. Defacing, or putting false marks i-c logs, lumber, etc., a misde- meanor, § 356. How made, § 7. Signature or subscription include, § 7. Signing by, § 7. MARKET PRICE. Fraud to affect, a misdemeanor, § 395. MARKET VALUE. Practicing fraud to affect, a misdemeanor, § 395. MARRIAGE. Abduction of woman to compel, punishment of, § 265. Advertising procurement of dissolution of, a misdemeanor, § 159a. Bigam}-. See Bigamy. Failure to file license with recorder, punishment, § 360. False personation, under, a felony, § 528. False record of, punishment of, § 360. False return, punisliment of, § 360. Incestuous, solemnizing an, punishment of, § 359. Proof of on prosecution for adultery, § 296b. Proof of on prosecution for non-support of wife, § 270e. Seduction under promise of marriage, effect of subsequent mar- riage, § 269. Seduction under promise of, punishment of, § 268. Solemnization without license, punishment of, § 360. Solemnizing incestuous or forbidden, punishment of, § 359. Taking woman with intent to compel her to marry, § 265. Willfully marrying spouse of another, punishment of, § 284. MARRIED PERSON. Conveying or mortgaging lands under false representations, pun- ishment of, § 5.34. MARRIED WOMAN. Crime committed by married woman under duress, § 26. Placing wife in house of prostitution, prevention of, § 266g. Undertaking of, as witness at preliminary examination, § SSO. MARSHAL. Peace-officer, marshal is, § 817. Warrant of arrest, may be directed to, §§ 818, 819. MARTINS. See Game Laws. Are predatory animals, § 6371/4. MASCULINE. Includes feminine and neuter, § 7. MASK. Wearing for certain purposes, forbidden, § 185. Wearing of, punishment of, § 185. 1034 INDEX, MASTER Vt'sscI, of, violating quarantine laws, pimishinont of, § 376. MASTER AND SERVANT. See Elections; Hours of Labor; Rail- roads. .\p|)rentices. Sco .Vpprentice. Blacklisting by agent or employee of master, lia1)ility for, § 6o3c. Blacklisting, jjunislunent for, S (i'i^e. Blacklisting, statements of reason for discharge, wlien is and when not, § GoSe. Child, sending to immoral place, a misdemeanor, § 27.3e. Coercion of employee at election by employer, what amounts to and punishment of, § 59. Coercion of emj)loyee not to ioin a trade union, a misdemeanor, §679. Conspiracy, meaning of in disputes between employer and em- ployee limited. Appendix, tit. "Conspiracy." Discrimination against member of national guard, a misdemeanor, § -121. Embezzlement, employee when guilty of, § 508. Emplo.yees. 8ee Employees. Exhibit, use, sale or hire of child, what unlawful, § 272. Homicide in correcting servant, when excusable, § 195. Homicide in defending servant, justifiable, § 197. Infant not to be sent to questionable resort, § 273e. Infant under eighteen, sending to saloon, gambling-house or im- moral place, § 273f. Injunctions in disputes between, use of restricted. Appendix, tit. "Conspiracy." Killing of master by servant, how punished, § 191. Labor unions. See Labor Unions. Misrepresentations of conditions of employment, a misdemeanor. Appendix, tit. "Master and Servant." Misrepresentation of kind of labor employed in producing goods, .punishment of, § 349a. Misrepresentations regarding employment of union labor. See Labor. Misrepresenting kind of labor employed in producing goods, pun- ishment of, § 349a. Officer receiving part of wages or salary, a felony, § 653d. Payment of wages to employee in saloon a misdemeanor, § 680. Receiving part of wages of laborer on public works, a felonv, § 653d. Receiving part of wages of laborer or subordinate officer, act re- lating to, § 653d, note. Relationship of, as ground of challenge to juror, § 1074. Scaffolding and appliances, obstructing inspection of, a misde- meanor, § 402c. Scaffolding and appliances, removal of notice that unsafe, a mis- meanor, § 402c. Scaffolding and appliances unsafe, erection of, a misdemeanor, §402c. Sending child under eighteen to immoral place, § 273f. Union labor, misrepresentations regarding employment of, a misde- meanor, § 349c. Union labor, misrepresentations regarding emplovment of, punish- ment of, § 349c. Wages, assignment of, provision relating to, § 955. INDEX. 1035 MATRONS. Female prisoners, foi. fcjee Jails. MAYHEM. Assault with inteut to commit, punishment of, § 220. Defined, § 203. Murder in committing, degree of, § 189. Punishment of, § 204. What constitues, § 203. MAYOR. Consent to employment of child as musician, § 272. Military, may order out, § 728. Peace at public meetings, duty to order out police to preserve, §720. MAYOR'S COURT. Included in definition of police court, § 1461. MEADOW LARK. See Game Laws. MEASURES. See Weights and Measures. False, §§ 552-555. MEETING. Corporate, presumption of assent of directors, §§ 569, 570. Disturbing a public, punishment of, §§ 58, 403. Police, maj'or to order out to preserve peace at, § 720. Public, preventing, a misdemeanor, § 58. Eeligious disturbing, a misdemeanor, § 302. MENACE. See Duress; Threats. As affecting liability, §§ 26, 31. MENDOCINO COUNTY. Act to jjrevent taking of fish by means of weirs, dams, nets, traps or seines in certain streams in. Appendix, tit. "Fish." MEMORIAL DAY. Holding amateur boxing contest on, a misdemeanor, § 413'/^. MERCHANDISE. Fraudulent issue of documents concerning, §§ 577-581. MERCHANT. See Factors. Embezzlement, when guilty of, § 506. MERGER. Of civil and criminal action, § 9. MESHES. See Pish; Game Laws. Of fish net, size of, § 636. MESSAGES. False. See Forgery. MESSENGERS. Infant, sending to questionable places, a misdemeanor, § 273e. METER. Gas or electric, interfering with, §§ 498, 499a. MICE. See Game Laws. Are predatory animals, § 637^^. ^ 103G INDEX. MILEAGE. Of jurors, aiul how paid, § 1]43. MILE-POSTS. Malicious iujury to a misdemeanor, § 590a. One-lialf the fines for injuries to, go to the informer, § o90a. MILE-STONE. Malicious injury to, a misdemeanor, § 590. MILITARY. See Soldiers and Sailors. MILITARY ACADEMIES. ]\ifi;ht of members to parade with arms, § 7.34. MILITARY COMPANIES. Cannot be formed without license, § 734. License to form revocable at any time, § 734. MILITARY LAW. See Army; Militia; Military Companies; Na- tional Guard. Code does not affect military authority to punish offenders, § 11. Code preserves authority of courts-martial, § 11. MILITARY STORES. Having, retaining or selling, a misdemeanor, §§ 442, 443. MILITIA. See National Guard. Arms and ecjuipments of, having or selling, a misdemeanor, §§442, 443. Disobedience or insubordination by member, a misdemeanor, §§ 652, 653. Failure to attend parade or drill, §§ 652, 653. Governor to order out to aid in executing process, when, § 725. Offenses, how prosecuted, § 682. Parade with arms, right to, § 734. Riot, armed force to obey orders of civil officer, § 730. Riot, blank cartridges, penalty for firing, § 731. Riot, commanding officer, discretion as to attacking and firing, § 731. Riot, duty of officers and troops to obey orders, § 729. Riot, governor to order out, to suppress, § 725. Riot, governor, when may order out, §§ 728, 732. Riot, militia, arms and equipment of, § 729. Riot, officer, liability of for acts done, § 731. Riot, what officers may order out, to suppress, § 728. Riot, when may 'he ordered out to suppress, § 728. Unlawful companies, companies formed without license, § 734. Unlawfully disposing of arms, equipments, etc., § 443. Unlawfully retaining possession of arms, equipments, etc., § 442. MILK. See Adulteration. Fraud in sale of, § 381a. MINE. Larceny from, § 487. Stealing of amalgam, gold-dust or quicksilver, grand larceny. Appendix, tit. "Larceny." MINISTERIAL OFFICER. Code sections applicable to. S 76. Crimes by and ag.iinst. ^ ". INDEX. 1037 MINKS. See Game Laws. Are predatory animals, § 637i/'- MINOR. See Infant. MISCARRIAGE. See Abortion. MISCHIEF. See Malicious Mischief. MISDEMEANOR. Abusing horse hired at livery-stable, § 537%. Acts for which no penalty is prescribed, § 177. Adulterated food, drugs or liquors, sale or keeping of, §§ 382, 383. Adulterated honey, sale of. Appendix, tit. "Adulteration." Adulteration of candy, § 402a. Adulteration of food, §§ 382, 383. Adulteration of foods and drugs. Appendix, tit. "Adulteration." Adulteration of liquors, §§ 382, 383. Adultery, § 2G9a. Advertisement, injuring, § 616. Advertisements of real property, false statements in, § 654b. Advertisement, placing on property without consent, § 602. Advertisement, posting on state property, § 602. Advertisement, posting without license of owner, § 602. Advertisements, notices, or proclamations, destroying, § 616. Agent, broker, factor, etc., false statement by to principal, § 536. Agent, broker, factor, etc., failure to make statement to princi- pal, § 536a. Agent of foreign insurance company that has not complied with law, soliciting insurance, § 439. Aiding in, a misdemeanor, § 659. Animal, dead, putting in stream, highway, etc., § 374. Animal left within inclosure, neglecting, § 597f. Animal, malicious injury, killing or maiming, § 597. Animal, unfit, failure to kill on notice, § 599e. Animal with infectious or contagious disease, exposing, §§ 402, 4G2d. Animals, abusing or failure to provide for, § 597. Animals afflicted with glanders, failure to kill, § 402b. Animals afflicted with glanders or farcy, or infectious diseases, bringing into state, § 402. Animals afflicted with glanders or farcy, sale of, § 402! Animals, carrying in cruel manner, § 597a. Animals, certificate of registration, obtaining by fraud, § 537a. Animals, corralling over or near stream, § 374. Animals, deceased, failure to keep from other animals, § 402d. Animals, docking tail ot horse, §§ 597a, 597d. Animals, docking tail of, importing or using unregistered horse, §§ 597a, 597d. Animals, fighting, causing, permitting, or witnessing, §§ 597b, 597c. Animals, giving false pedigree, § 537a. Animals, having glanders or farcy, failure to kill, § 402b. Animals, impounding, failure to feed or water, § 597e. Animals, incinerating, § 374. Animals, killing, maiming, or torturing, § 402. Animals, leading, driving, or feeding along railroad track, § 369e. Animals, letting certain made animals run at large, § 597g. Animals, letting stallion or jack to raare or jenny in city, § 597g. 1038 INDEX. MISDEMEANOR. (( c.nl inuc.l.) Animals, neglecting or permitting to go witiioiit care, §. 1971'. Auiinais, obtaining false registration of, § rj37',:;. Animals, olfal, putting or allowing to remain in stream, high- vva}', etc., § 374. Auinials, poisoning, § 59G. Animals, torturing, maiming, or killing, § 597. Animals, transporting, failure to unload, feed and water, § 3G9b. Animals, use of as blind in approaching certain water fowl, § 626n. Annulment, advertising procuring annulment of marriage, § 159a. Appearance of defendant not necessary on rendition of verdict, § 1148. Appointment, officer taking reward for making, § 74. Appointment to office, buying, § 73. Appraiser accepting fee not allowed, § 653%. Apprentice, aiding to run away or harboring, § 646. Apprentice, requiring to work more than eight hours a day, § 651. Apprenticeship, unlawful, a misdemeanor, § 272. Arbitrator, intimidating, influencing, etc., § 95. Arbitrator, intimidation or attempt to influence, § 95. Arbitrator, misconduct, § 96. Arms, parading or drilling with, § 734. Army, navy or national guard, wearing uniform of, § 442 1/». Arraignment, defendant may appear by counsel, § 977. Arraignment, defendant need not be present, § 977. Arrest, delay in taking person before magistrate, § 145. Arrest for. See Arrest. Arrest, refusal to aid in making, § 150. Arrest, refusal to make, § 142. Arrest, when only can be made at night, § 840. Arrest without lawful authority, § 146. Arrest. See Arrest; Warrant of Arrest. ♦ Art, works of, injuring, § 622. Artesian well, waste of waters of. Appendix, tit. "Artesian Wells." Assault, §§ 221, 241. Assault by public officer, § 149. Assault, possession of deadly weapon with intent to, § 467. Assault with deadly weapon, § 245. Assessor, giving false name to, § 429. Assessor, making false statement to, § 430. Assessor, obstructing, § 428. Assessor, refusal to give list of property to, § 429. Assessor, refusal to give name to, § 429. Assignation house, keeping of, § 316. Attachment, levying without authority, § 146. Attempt to commit crime, §§ 664, 665. Attorney, advertising or holding one's self out as, § 161a. Attorney buying suits or demands, § 161. Attorney defending prosecution, instituted by himself or partner, §§ 162, 163. Attorney, misconduct of, § 160. Attorney, refusing permission to visit defendant, § 825. Attorney-general, refusing inspection of books, papers, etc., by, § 440. Auctioneer, acting unlawfully as, § 436. Auctions, mock, § 535. INDEX. 1039 MISDEMEANOR. (Coutiuued.) Automobile, temporarily taking without consent, § 499h. Automobile, driving while intoxicated, § 367d. Automobiles, failure of driver to assist in case of collisions, § 367c. Automobile, intoxicated driver injuring person, § 367e. Badge of secret society, wearing, § 643 Vij- Ballast, obstructing navigation by overthrowing, § 613. Ballast, throwing overboard, § 613. Ballot, false, printing or circulating, § 62. Bank, insolvent, officer or employee receiving deposit guilty of misdemeanor, § 562. Bank, savings, officer or employee overdrawing account, a mis- demeanor, § 561. Barratry, common, § 15S. Battery, § 243. Beacon, mooring vessel to, § 614. Appendix, tit. "Buoys and Bea- cons." Beacon, removal of, or injury to, § 609. Appendix, tit. "Buoys and Beacons." Betting upon contests of skill, speed or endurance, § 337a. Betting on elections, § 60. Bicycle, temporarily' taking without consent, § 499b. Bigamy, marrying husband or wife of another, § 284. Big Tree Grove, injury to. Appendix, tit. "Growing Trees." Bill of lading or invoice, destroying, § 355. Bill of lading or receipt, failure to mark duplicate, § 580. Bill-posting on public property or property of another, § 602. Birds, killing or injuring in cemetery, § 598. Birds' nests or eggs, injuring in cemetery, § 598. Blackmailing, § 257. Blasting wood during dry season, § 384. Blasting wood under permit, § 384. Blue cranes, capture or destruction ef, § 599. Blue cranes, nests or eggs, injuring or destroying, § 599. Boarding-house or innkeeper, defrauding, § 537. Board of health, failure to obey regulations to prevent pollution of ice, § 377c. Board of health, failure to obey rules of, §§ 377a, 377b, 377c. Boilers, negligently managing, §§ 348, 349, 368. Bookmaking, § 337a. Bridges, driving or riding over faster than a walk, § 590b. Brake or fender, failure of carrier to use, § 369a. Brand, alteration of, § 35 7 V:;. Breach of peace, refusal to aid in preventing, § 150. Bribery of telegraph operator, § 641. Bribery of telephone operator, § 641. Bridge, injuring or destroying, §§ 587, 588, 607. Bridge, maintaining without authority, § 386. Bridges, dams, flumes, etc., injuries to, § 607. Buoy, mooring vessel to, § 614. Appendix, tit. "Buoys and Bea- cons." Buoy, removal of, § 609. Appendix, tit. "Buoys and Beacons." Buoys or beacons, injuring or removing, § 609. Appendix, tit. "Buoys and Beacons." Bristle or tack bur, use of. Appendix, tit. "Animals." Burglarious instrument, possession of, § 466. Burial, issuing permit for, illegally, § 377. Burial, neglect of, § 293. 1040 INDKX. MISDEMEANOR. (Contiiuiod.) Burial without poniiit, § 'Ml. Butter, process or ronovated, sale witliout lalicl, § MS^Ja. Butter, sale of short-weight rolls of. Appctidix, tit. "Butter." Camp-fire, leaving burning, § 384. (.ainp-nieoting, saJc of gootis at or within one mile of, §§ 304, 305. Camp-meeting, sale of liquor at, or within one mile of, §§ 304, 305. Caual, ilumc, or reservoir, taking water from, injuring, or ob- structing, § 592. Canal, injury to, §§ 592, GOT. Canals, dams, etc., injury to, § 607. Candidate offering to procure office for elector, § 55. Candidate, soliciting vote of, § 55a. Candy, adulterated, keeping or selling, § 402a. Candy, adulteration of, § 402a. Carcass, attempting to destroy by fire, § 374. Caricature, publishing, § 258. Carrier, pledge or sale of property by, §§ 581, 583. Carrier refusing to receive passenger, § 365. Carrier, violation of law governing transportation of fish, § 632a. Cartoon, publishing, § 258. Cemetery, injuring shrubber3', fences, etc., § 296. Cemeterv, corporations, borrowing funds of in violation of statute, § 573. Cemetery, misdemeanors in connection with. See Cemetery. Cemetery, monument or tomb, defacing, § 296. Certificate, false, issuing by public officer, §§ 167, 649. Champerty, § 161. Check, drawing with knowledge that one has no funds or credit, §476a. Child, cruelty to, § 273a. Child, desertion or abandonment of, §§ 271, 271a. Child, disposing of for me'ndicant purposes, §§ 272, 273. Child, endangering life, limb or health, § 273a. Child, exhibiting, employing, and hiring out, §§ 272, 273. Child, habitual intoxication in presence of, § 273g. Child, immoral practices in presence of, § 273g. Child, letting or hiring for public exhibition, §§ 272, 273. Child, letting or selling for immoral purposes, §§ 272, 273. Child, omitting to provide for, § 270. Child, permitting use of for mendicancy, § 272. Child, sending to house of prostitution, § 273e. Child, sending to immoral place, § 273e. Child, under eighteen, sending to house of prostitution, or other immoral place, § 273f. Child under sixteen, permitting to enter saloon, § 397. Chinese, employment of by corporation, §§ 178, 179. Chinese, importation of, § 174. Chinese women, imj3orting for immoral purposes, 266c. Claim, fraudulent, presenting to public officer, § 72. Coal, misrepresentation in sale or exchange of, § 556. Coal-tar, etc., discharging into -waters, § 374Vj- Coercing persons not to join labor union, § 679. Collision, railroad employees causing death from, § 369. Compounding crime, § 153. Compounding misdemeanor, punishment, § 153. Compromise, by permission of court, proceedings for, § 1378. Compromise, court may permit, when, § 1378. INDEX. 1041 MISDEMEANOR. (Continued.) Compromise of, power of injured person to make, §§ 1377, 137i). Conspiracy, § 182. Constable purcliasiug judgment, § 97. Contempt, § 166. Controller, refusing inspection of books, papers, etc., by, § 440. Convict, foreign, importing, § 173. Convict, letter, writing or reading matter, taking to or from, §171. Convict-made goods, sale of, § 679a. Convict, unauthorized communication with, § 171. Corporation, foreign, no defense that corporation is, § 571. Corporation, fraud in keeping accounts of, § 563. Corporation, fraudulent acts of officers of, § 563. Corporation refusing inspection of books, § 565. Corporation, refusing permission to take copies from books, § 565. Corporation, unauthorized use of names in prospectus or circular of, § 559. Co.unterfeiting railroad pass, ticket, check, etc., § 481. County treasurer receiving private deposits, § ISO. Cranes, injuring or destroying birds or nests, § 599. See Game Laws. Cremation, issuing permit for, illegally, § 377. Cremation without permit, § 377. Crime, as a, § 16. Crime punishable by imprisonment in state prison or county jail and fine, § 17. Crime, refusal to aid in preventing, § 150. Crops, injuries to, § 604. Cubic-air law, violating, § 401a. Cutting hair of prisoner, § 1615. Dairy products, false or inaccurate tests in, § SSla. Dam, injuring or destroying, § 607. Dead body, arrest or attachment of, § 295. Deadly weapon, exhibiting in rude, etc., manner, § 417. Deadly weapons, possession of with intent to assault, § 467. Deaths, disobedience of statute as to registration of, § 377. Debtor, acts committed to defraud creditors. §§ 154, 155, 531. Debtor, fraudulent conveyance by, §§ 154, 155, 531. Debtor fraudulently concealing property, §§ 154, 155. Deceiving a witness, § 132. Decency, offenses against, § 650Vj. Decision of arbitrator, referee, etc., attempt to influence, § 95. Decision, offer to give, § 96. Deer, destruction of on Mt. Diablo. Appendix, tit. "Game Laws." Defined, § 17. Deformit}', exhibiting, § 400. Deformity, giving appearance of, § 400. Delay in taking arrested person before magistrate, § 145. Detainer, forcible, § 418. Dice having more than six faces, use of, punishment of, § 330a. Directors of corporations, misconduct of, § 560. Disguise or mask, w^earing, § 185. Dismissal a bar in, when and when not, § 1387. Disorderly conduct, § 415. Disorderly house, keeping, § 316. District attornev defending prosecution formerly instituted bv himself, § 162. Pen. Code — 66 1042 INDEX. MISDEMEANOR. (Cdnt imuMl.) Disturbing jmhlic iiu'etiiijj;s, S§ •'3S, 40'A. Disturbing rcligidus nicoting, § 1502. Divorce, adv'crtising {iroi-uring of, § 159a. Dockage, toll or wharfage, collecting illegally, § 642. Druggist, negligence, fraud, or wrongs of, § 380. Drugs or poisons, giving to animals. Appendix, tit. "Animals." Drunkard, selling liquors to, § 397. Appendix, tit. "Intoxicating Lifpiors." Duel, fighting, or sending or accepting challenge, § 227. Duel, leaving state to evade law against duelling, § 231. Duel, officer not exerting liiniself to prevent, § 230. Duel, posting or reproaching or publishing for not fighting, § 229. Eight-hour law, violation of, § 653c. Ejectment, retaking possession after, § 419. Election days, selling or giving away licpior on, § 63b. Election laws, agreement b}^ candidate to procure office for an- other, § 55. Election laws, aiding or abetting offenses against, § 52. Election laws, ballot, tampering with by officer, § 49. Election laws, coercion, influence, or restraint of voters, § 59. Election laws, communicating unlawful offer to voter, § 56. Election laws, fraudulent acts of officers, § 41. Election laws, furnishing money, property, or entertainment for electors, § 54. Election laws, meetings of electors, § 58. Election laws, officer disclosing name of voter, § 49. Election laws, officer unfolding or marking ballot, § 49. Election laws, pledge of or by candidate, §§ 55a, 56. Election laws, printing or circulating illegal ticket, § 62. Election laws, refusal to act by officers, § 41. Election laws, refusal to be sworn or answer to board of judges, §43. Election laws, refusal to obey summons of board of registration, §44. Election laws, violating in printing and circulating ticket, § 62. Election laws, violation of by person not an officer, § 61. Election officer, acting as by one who cannot read and write Eng- lish language, § 49a. Election officer, refusing to act as, § 49a. Elections, betting on, § 60. Elections, circulating or printing circulars, pamphlets, etc., in- jurious to candidate, §§ 62a, 62b. Electrical lines or apparatus, interference with, § 593. Electricity, stealing of, § 499a. Electric line and apparatus, injury to, § 593. Electric meter, interfering with, § 599a. Embankments, levees, sea-walls, etc., injuring, § 607. Embezzlement, § 514. Employee, paying in saloon, § 680. Employee, refusing to give name to tax or license collector, § 434. Employees of railroad, intoxication of, § 391. Employees of railroad, violation of duty by, § 393. Engineer, crossing highway without ringing bell or sounding whis- tle, § 390. Engines, negligently managing, §§ 348, 349, 368. Engines, using without spark-arresters, § 384. Escape, carrying things into prison to aid in, § 110. INDEX. 1043 MISDEMEANOR. (ContiiuuHl.) Escape from otlier than state prison, .attempt to, § 107. Evidence, concealing or destroying, § 135. Execution, levying without authority, § 146. Exhibition, indecent, procuring another to make, §311. Explosions, negligently causing, §§ 348, 349, 368. Explosive, making, keejjing or carrying in city, § 375. Explosives, failure to keep record of sales of, § 375a. Explosives, using in fishing, § 635. Exposing one's self or another with infectious or contagious dis- ease, § 394. Extortion, § 521. Extortion, attempt by verbal threats, § 524. Extortion by judge, § 94. Extortion by judicial officer, § 94. Extortion by ofBeer, §§ 70, 521. False imprisonment, § 237. False personation, §§ 529, 530, 650 i/o. False pretenses, obtaining monej-, property, or service by, § 532. False proofs upon insurance policy, § 549. False registration of animals, § 537a. False statement by broker, agent, consignee, or commission mer- chant, § 536. False statement, making to assessor, § 430. False statements as to quality of goods, § 654a. False statements as to financial condition, § 532a. False statements in advertisements of real estate a misdemeanor, § 654b. False weights and measures, using, § 552. Fast driving, § 396. Females, procuring or permitting exhibition of females in public places. § 306. Fences, leaving open. Appendix, tit. "Fences and Inclosures." Fences, maliciously injuring, § 602. Fences, tearing down to make passage through inclosures, § 602, subd. 8. Fender, failure of street-car company to use, § 396a. Ferry, crossing without paying toll, § 389. Ferry, maintaining without authority, § 386. Ferry, violating condition of undertaking to keep, § 387. Fines collected for setting fires, disposition of, § 384. Fines, failure of officer to turn over, § 427. Fines for violation of game laws, disposition of. See Game Laws. Firearms, discharging in unincorporated city or town, § 415. Fire-alarm apparatus, interference with, § 625a. Fire, back-fire, setting of not a misdemeanor, when, § 384. Fires, blasting wood during dry season, § 384. Fires, blasting wood under permit, § 384. Fire, camper leaving burning, § 384. Fire department, issuance of false certificate of exemption, § 649. Fire, disobeying orders of officers attempting to extinguish, § 385. Fire, false alarm of, turning in, § 625a. Fire, fines imposed, disposition of, § 384. Fire lawfully set, allowing to escape from control, § 384. Fire, negligently setting on property not one's own, § 384. Fire, negligently setting without providing against escape, § 384. Fire, negligently setting woods, grasses, etc., on, §§ 384, 3S4a. Fire, obstructing attempts to extinguish, § 385. 1044 INDEX. MISDEMEANOR, ((■..ntimicl.) I''ii(', iisino; oii}i;iiios without si)ark:in-cstcrs, § 384. I''i re, lef using as.sistancc in combating, § 381. Fire, violation of provision for prevention of fires, § 384. Fire-warden, refusal to obe}* suninions of, § 384. Fisli. transportation, rules governing and jienalt}' for violating, § 632a. Fisliway, failure to keep or repair, § 637. Food, adulterated or tainted, selling or keeping, § 383. Forcible entry and detainer, § 418. Foreign insurance companv doing business without coniplving with law, § 439. Forfeitures, failure of officer to pay over, § 427. Fraud affecting market price, § 395. Fraud in keeping accounts of corporation or joint-stock company, § 563. Fraud in subscriptions to stock, § 557. Fraud of special partner, § 358. Fraudulent claim or bill presenting to public officer, § 72. Fraudulent conveyance by debtor, §§ 154, 155, 531. Freehold, malicious injury to, § 602. Fugitive, receiving reward for services in arrest of, § 144. Gambling-bouse, prevailing upon party to visit, § 318, Gambling, betting on pri/e-tights, § 412. Gambling machines, use of, § 330a. Gambling, owner permitting property to be used for, § 337a. Gambling, neglect of officers in relation to, § 335. Gambling, officers giving authority to conduct, § 337. Gambling, officers receiving consideration for protecting, § 337. Gambling, officers voting for ordinance or by-law giving authority to conduct, § 337. Gambling, permitting infant to gamble in saloon, § 336. Gambling, permitting in houses owned or rented, § 331. Gambling, winning at by fraudulent means, § 332. Game, carrying bv carrier, when is. § 627a. Game laws, violation of, §§ 626, 626a, 626b, 626c, 626d, 626e, 626f, 626g, 626h, 626i, 626j, 626k, 626m, 626n, 626p, 626q, 627a, 627b, 628, 628a, 62Sb, 628c, 628f, 62Sg, 630, 630a, 630b, 631, 631d, 632, 632yo, 632(4), 632a, 634, 634%, 635%, 636, 636i/o, 636b, 637a. Game prohibited, running of, § 330. Game, violating regulations concerning transportation of, § 627b. Gaming-house, enticing one to visit, § 318. Gaming, officer neglecting duty in regard to, § 335. Gaming, witness refusing or neglecting to attend trial, § 333. Garbage, violation of law regulating deposit of in Pacific Ocean, § 374a. Gas-meter, interfering with, § 498. Gas-pipes, injuring or obstructing, § 624. Gas, stealing, § 498. Gas, turning off at meter. Appendix, tit. "Gas." Gates, maliciously leaving open, § 602. Grand Army, wearing badge of. Appendix, tit. "Grand Array." Grand juror acting after challenge allowed, § 164. Grand juror disclosing what took place, § 169. Grand juror, prejudiced, failure to retire, § 907. Grand jury, foreman failing to make statement to jury and re- quest prejudiced juror to retire, § 907. INDEX. 1045 MISDEMEANOR. (Coutiuued.) Ciiiide-boaid, injury to, § 590. Gulls, shooting, trapping, or injuring, § 599. Habeas corpus, concealing persons entitled to benefit of, § 361. Habeas corpus, recounnitment of party discharged, § 363. Habeas corpus, refusal to obey, § 362. Hair, cutting of, of person convicted, § 1615. Hatch-tender, failure to employ in loading and unloading ships, § 368a. Hazing, § 367b. Health law, neglecting duty under, § 378. Health laws, violation of, §§ 377, 378. Health laws, willful violation of, §§ 377, 378. Highways, malicious injuries to, § 588. Highways, putting carcasses or offal in, § 374. Highways, glass, tacks, etc., throwing upon, § 588a. Highways, state, injury or removing stakes or monuments of department of engineering, § oSSc. Highways, state, removing barriers or notices or destroying warning lights when closed, § 58Sb. Homing pigeon, shooting, maiming, or detaining, § 598a. Honey, adulteration of. Appendix, tit. "Adulteration." Hospitals for persons with infectious or contagious diseases, maintaining, § 373. Humane officer, acting as without authority, § 607f. Humane officer, issuing false certificate as to, § 607f. Humane officer, resisting, § 607f. Humboldt Bay, making deposits in, § 612. Hunting on inclosed land, §§ 602, 627. Hunting on inclosed property without permission, §§ 602, 627. Hunting, tearing down signs prohibiting, § 627. Husband, failure to supply necessaries for wdfe, § 270a. Ice, disobedience of rules of board of health to prevent pollution of, § 377c. Immigration laws, violation of, § 174. Improvements, injuring, § 622. Inclosures, leaving open, § 602, subd. 8. Appendix, tit. "Fences and Inclosures." Indecent exhibition, procuring another to make, § 311. Indecent exposure, procuring or assisting another to make, § 311. Indians, selling arms or ammunition to, provision as to repealed, § 398. Indians, selling firearms to, provisions as to repealed, § 398. Indians, selling or furnishing liquors to, § 397. Indians of mixed blood, selling or furnishing liquor to, § 397. Indians, selling or furnishing of liquor to associates of, § 397. Indictment, disclosing fact of finding of, § 168. Infant, admitting to or keeping in houses of prostitution, § 309. Infant, cruelty to, § 273a. Infant, injury to, § 273a. Infant, parent or guardian permitting or conniving at being in house of prostitution, § 309. Infant, permitting to gamble in saloon, § 336. Infant, sending to questionable resort, § 273e. Infant under eighteen, giving or selling liquor to, § 397b. Infant under eighteen, permitting to visit saloou,'§ 397b. Infant under eighteen, sending to saloon, gambling-house, or im- moral place. § 273f. 1046 JNOKX. MISDEMEANOR. (Coiitimu'd.) Infaut under sixteen, purchasing from or receiving in pledge junk from, § 501. Infant under sixteen, selling or furnishing tobacco to, § 308. Infant, uiijustifiablo punishment of, § 273a. Infected person, exposing, § 394. Information, disclosing fact of finding of, § 168. Inhumanity to prisoners, § 147. Initiative petitions, misrepresentations or frauds in, § G4b. Innkeeper, refusing to receive guest, § 365. Insane persons, cruelty to, § 361. Insolvent banks, receiving deposits in, § 562. Insurance, procuring from foreign company which has not filed bond, § 439. Interments, unlavrful, § 297. Interments, unlav^'ful, in San Francisco, § 297. Intoxicating liquor, sale of on election day, § 63b. Intoxicating liquor, sale of to persons addicted to use of, § 397. Appendix, tit. "Intoxicating Liquors." Intoxicating liquors, sale of to drunkards, § 397. Intoxicating liquors, sale in capitol building, § 172. Intoxicating liquors, sale of or furnishing of to Indians of whole or mixed blood, § 397. Intoxicating liquors, sale of or furnishing of to associates of Indians, § 397. Intoxicating liquors, sale of within certain distances of certain public institutions, § 172. Intoxicating liquors, sale of between 2 and 5 o'clock a. m., § 397c. Intoxicating liquors, selling or giving away near certain public institutions, § 172. ^ Intoxicating liquors, selling or giving to minors, § 397b. Intoxication of certain railroad employees, § 391. Intoxication of railro&d employees, §§ 369f, 391. Invoice, destroying, § 355. Issuing or circulating paper money, first offense, § 648. Japanese, importation of, § 174. Japanese women, iinportation of for immoral purposes, § 266c. Joint defendants, joint or separate trials, § 1098. Joint-stock company, unauthorized use of prospectus or circular, § 559. Judge asking or receiving emolument or reward, § 94. Judge receiving part of fees of stenographer, § 94. Judgment, justice or constable purchasing, § 97. Junk, receiving in pledge from minors, § 501. Juror, influencing, intimidating, etc., § 95. Juror, misconduct of, § 96. Jury, number of, on trial for, § 1042. .Jury, waiver of, manner of, § 1042. Jury, waiver of, right of, § 1042. Justice purchasing judgment, § 97. Justice's court, jurisdiction of, over, § 1425. Keys or instruments for opening building, making or altering, ' § 460. Killing animal while hunting on inclosed land of another, § 384c. Label, counterfeited, sale of goods with, § 351. Label, counterfeited, using, § 350. Label, counterfeiting, § 350. Labels, false, placing on goods, § 349a. INDEX. 1047 MISDEMEANOR. (Coiitinuoa.) Labor uniou, coercing person not to join, § 679. Labor employed in producing goods, misrepresentation of, § 349a. Labor, misrepresentations regarding employment of union labor, § 349c. Labor union, use, imitation or forgery of trade-mark of, § 349b. Landmarks, defacing, removing, etc., § 605. Larceny, petit, § 49U. Legislature, disorderly conduct in presence of, § 82. Legislature, disturbing while in session, § 82. Legislature, witness refusal of to attend before, § 87. Legislature, witness, refusal of to be sworn or testify or produce evidence, § 87. Letter opening, reading, or publishing, § 618. Letter, threatening, sending of, § 650. Libel, § 249. ' " Libel, extortion by offer to prevent publication, § 257. Libel, threatening to publish, § 257. Library, destroying books, maps, etc., § 623. Library, detaining books, etc., § 623il>. License, carrying on business without, §§ 338, 379, 435. License, collecting without receipt, § 431. License, giving false receipt for, § 431. License, inserting more than one name in receipt, § 431. License, piloting without, § 379. License, solemnizing marriage without, § 360. Limitation against prosecution, etfect of absence from state, §801. Limitation of time to file indictment, § 801. Livery-stable, abusing horse hired at, § 537b. Livery-stable, injuring animal or vehicle obtained at, § 537b. Livery-stable keeper, breach of agreement with, § 537b. Livery-stable keeper, defrauding, § 537b. Livery-stable keeper, defrauding owner of, § 537b. Livery-stable keepers permitting other than owners to use stock or vehicles, § 537c. Lodging-house keeper, violation of cubic-air law, § 401a. Lottery, advertising or opening offices for, § 323. Lottery, aiding in, § 322. Lottery, insuring tickets or drawing, § 324. Lottery, letting building or vessel for purposes of, § 326. Lottery office, opening, maintaining, or advertising, § 323. Lottery, running, § 320. Lottery tickets, selling, § 321. Lottery, giving of lot with a ticket, § 532a. Magistrate, delay in taking arrested person before, § 145. Maintenance, § 161. Malicious injury to bridge, highways, or ways, § 558. Malicious injurj^ to freehold, § 602. Malicious mischief, § 594. Malicious trespass on real estate, § 602. Manufactured goods, placing false stamp, label, or trade-mark, on, § 349a. Marks upon logs, lumber or wood, defacing, § 356. Marks upon wrecks, defacing, § 355. Marriage, advertising procuring dissolution of, § 159a. Marriage, failure to file license and certificate, § 360. Marriage, false return or record of return, § 360. 1U48 INDEX. MISDEMEANOR. ( ( ■mil imuMl.) Muniaj^e, iiicesliious or furbiiJdcii, .sulciiiiiiziiiy, § o-ji). Marriage, soleuuiizing witliout license, § 3(JU. Marryiug husband or wife of auotlier, § 28-1. Marrying spouse of anotlier, § 284. Mask or disguise, wearing of, § 185. Master and servant, misrepresentations regarding employment of labor, §§ 349a, Sidh, 349c. Meetings of electors, prevention of, § -38. Meetings, public, disturbing, § 403. Mile-stone, injury to, § 590. Military company, forming without license, § 734. Military property, unlawful conversion of, § 442. Militia, disobedience or iusubordination l)y member, §§ (552, G53. Militia, failure to attend parade or drill, §§ 652, (553. Minors, requiring to work more than eight hours a day, § G51. Misconduct of jurors, referees, etc., § 96. Misrepresentations of conditions of employment. Appendix, tit. "Master and Servant." Mocking-birds, capture or destruction of birds or their nests. Appendix, tit. ''Game Laws." Money, issuing or circulating paper as, first offense, § 648. Monuments, injuring, § 622. Morals, offenses against, § 6501/2. Mortgaged chattel, removal, sale or encumbrance of, § 538. Motorcycle, failure of driver to assist in case of collision, § 367c. Motorcycle, intoxicated driver injuring person, § 367e. Motorcycle, driving while intoxicated, § 367d. Motorcycle, temporarily taking without consent, § 499b. Mt. Diablo, destruction of deer on. Appendix, tit. "Game Laws." Name of another, use of for lewd purposes, § 650^2- Name of another, using so as to injure reputation, § 650 1/>. National guard, conversion, use, or sale of property of, § 442. National guard, discrimination against member of, § 421. National guard, member, disrespectful language or insubordination by, § 653. National guard, member failing to appear at parade, § 653. National guard, member neglecting or refusing to obey orders, § 652. National guard, member refusing to obey military duty, § 652. National guard, officer refusing to attend parade or encampment, § 652. Navigable streams, obstruction, § 611. Navigation, obstruction to, § 613. Newspaper, misrepresenting circulation, § 538a. Night, arrest may not be made at, § 840. Notice, placing on property without consent, § 602. Notice prohibiting shooting, tearing down, § 602. NotiCd set up by legal authority, obliterating, tearing down or de- stroying, § 616. Nuisance, committing or maintaining, § 372. Nuisance, public, maintaining or permitting after notice, § 373a. Nuisance, public, separate offense for each day it is permitted to remain after notice, § 373a. Obscene books, papers, pictures, advertisements, etc., writing, keeping, selling, etc., § 311. Offense is a felony or misdem'^anor according to punishment in- flicted, when, § 17. INDEX. 1049 MISDEMEANOR- (Continued.) Offense, when a felony and when a misdenieanoi-. § 17. Office, buying appointment to, § 7o. OtKce, exercising functions of wrongfully, § 7o. Officer becoming- interested in contract, § 71. Officer becoming intoxicated. Appendix, tit. "Officers." Officer connected with revenue, refusing inspection of books, § 440. Officer holding over willfully, § 75. Officer not taking oath or giving bond, § 65. Officer, obstructing in collecting revenue, § 428. Officer receiving fee in extradition jjroceedings, § 114. Officer refusing to receive or arrest person charged with crime, §142. Officer, resisting, § 69. Officer, retaking, injuring, or destroying goods in custody of, § 102. Officer, taking reward for appointment of deputy, § 74. Officer, taking reward for deputation of authority, § 74. Officer, willful omissions where no punishment provided, § 176. Olive-oil, selling imitation. Appendix, tit. "Olive-oil." Omissions for which no penality is prescribed, §§ 176, 177. One aiding in, guilty of misdemeanor, § 659. Opera, unpublished or uncopyrighted, performing without consent, §367a. Opera, unpublished or uneopvrigbted, sale of without consent, § 367a. Opium resort, keeping, § 307. Opium resort, visiting, § 307. Opium, sale of, § 307. Ornaments or improvements, injuring, § 622. Orphan, representing child to be to manager of orphan asylum, § 271a. Oysters, trespassing upon property where planted, § 602. Parading or drilling without arms, § 734. Parent, abandonment of child by, § 271a. Parent, failing to provide for child, § 270. Passage, tickets for foreign country, refusal to sell. Appendix, tit. "Immigration." Pawnbroker charging unlawful interest, §§ 338, 340. Pawnbroker doing business without license, § 338. Pawnbroker failing to give pledgor a copy of entrv in register, § 339. Pawnbroker, failure to keep account of sales, § 339. Pawnbroker, failure to keep register, § 339. Pawnbroker refusing inspection of register or articles, § 343. Pawnbroker refusing to pay over proceeds or disclose particulars of sale, § 342. Pawnbroker, sale without notice or before time of redemption ex- pired, § 341. Peace, disturbing, § 415. Periodical misrepresenting circulation, § 53Sa. Person, injuries to, § 6501/^. Pest-houses, establishing or keeping, § 373. Petit larceny, § 490. Photograph, publishing without consent, § 258. Physician, injuries while intoxicated, § 346. Physician, intoxicated, guilty of, when, § 346. Picture, publishing without consent, § 258. Piloting without license, § 379. 1050 INDEX. MISDEMEANOR, (('(uit iiuuM',.) Plants, injuriiiir, § G22. Poisoning animals, § GSXi. Poisonous substances, sale of in violation of statute, § 347a. Poll or road tax, collecting without receipt. § 431. Poll or road tax, giving false receipt for, § 431. Pool-selling, § .'!M7a. Pool-selling, liability of owner of i)reniises where carried on, § 337a. Posse coniitatus, refusal to join, § 150. Possession, returning to take after dispossession under process, §419. Presence of defendant at trial, necessity of, § 1043. Presence of defendant not necessary at judgment, § 1193. Presence of defendant when verdict rendered not necessary, § 1148. Prison, sale of liquor within nineteen hundred feet of, § 172. Prisoner, communicating with, § 171. Prisoners, exposure of or attempt to extort from, § GoOa. Prisoner, inhumanity to, § 147. Prisoner, letter, writing or reading matter, taking to or from, §171. Private roads, malicious injuries to, § 588. Prize-fighting, § 412. Prize-fighting, taking part in, § 412. Prize-fighting, betting of, § 412. Prize-fighting, amateur boxing contests, holding on Sunday or Memorial Day, § 413 V.. Prize-fight, spectators at, guilty of, § 413. Procedure where jury discharged for want of jurisdiction, §§ 1115, 1116. Proclamation, tearing down, obliterating or destroying, § 616. Profane or vulgar language, use of, § 415. Property, injuries to, § 650%. Prosecution of what need not be by indictment or information, §68?. Prisoners, paroled, exposure of or attempt to extort from, § 650a. Prostitution, enticing one to enter house of, § 318. Prostitution, importing Japanese or Chinese women for, § 266c. Prostitution, keeping or living in house of. §§ 315, 316. Prostitution, letting or keeping house for, § 316. Public administrator, neglect or violation of duty by. § 143. Public lands, obstructing passage through or over, § 420. Public lands, preventing entry and settlement, § 420. Punishment as determining nature of crime, § 17. Punishment, in general, § 12. Punishment, limits on, § 13. Punishment when no penalty prescribed, § 177. Punishment when not otherwise provided, § 19. Quarantine, failure to obey regulations of board of health, § 377a. Quarantine laws, violation of, § 376. Quicksilver, selling debased, § 367. Racing on streets or highways, §§ 396, 415. Raft of wood, lumber, etc., burning, injuring, or setting adrift, § 608. Railroad, brakes, appliances, etc., manipulating, tampering or in- terfering with, § 587a. Railroad, crossing at private passway and leaving open, § 369d. INDEX. 1051 MISDEMEANOR. (Coutimied.) Kailroad employee becoming intoxicated, §§ ;J69f, 391. Piailroad employees causing deatli from collision, § 3(39. Eailroad emploj'ees, overcliarges by, § 523. Railroad emploj'ees, violation of duty by, § 393. Railroad engineer not ringing bell or sounding wliistle near high- way, § 390. Railroad fare, evading or attempting to evade, § 587c. Eailroad locomotives, tenders, cars or trains, trespassing upon, § 387b. Railroad neglecting to unload livestock for rest, water and food, §369b. Railroad, officer of, contracting debts iu excess of means, §§ 566, 567. Railroad or steamship pass, ticket, check, etc., counterfeiting § 482. Railroad or steamship pass, ticket, etc., restoring canceled, § 482. Railroad, placing obstructions on track, § 587. Railroad, placing passenger car in front of freight-car, § 392. Railroad property or bridges, injury to, § 587. Railroad, riding or driving vehicle along track or over right of way, § 369g. Railroad ticket, counterfeiting, § 481. Railroad ticket, restoring canceled, § 482. Railroad track, leading, driving or permitting animals to remain along, § 369e. Railroad transporting animals, failure to unload, feed or water, § 369b. Rape, § 264. Real estate, false representations in advertisements of, § 654b. Real estate, malicious trespass on, § 602. Recall petitions, misrepresentations or frauds in, § 64b. Receiving stolen goods, § 496. Records, destroying, stealing, altering, mutilating, etc., § 114. Re-entry after removal by process, § 419. Referee, contempt before, § 166. Referee, etc., attempt to influence, § 95. Referee, misconduct of, § 96. Referendum petitions, misrepresentations or frauds in, § 64b. Reformatory, evil-minded person or vagrant, etc., communicating with inmate, or paroled pupil, § 171c. Reformatory, evil-minded person, vagrant, etc., coming into or on grounds adjacent, § 171e. Reformatory, sale of liquor within nineteen hundred feet of, § 172. Refusal of persons assembled to disturb peace to disperse, § 416. Refusal to aid in making arrest, § 150. Refusal to aid in preventing breach of the peace, § 150. Refusal to arrest, § 142. Refusal to joint posse comitatus, § 150. Refusing to receive person charged with crime, § 142. Religious meeting, disturbance of, § 302. Rescue of prisoner, § 101. Resisting officers, §§ 69, 148. Retaking, injuring or destroying goods in possession of officer, § 102. Revenue, obstructing collection, § 428. Revenue, officer connected with, refusing inspection of books, §440. 1052 INDEX. MISDEMEANOR. (ContiniUMl.) Tfoward rccoiviiijf for services in arrestiiifr fu. MOLLUSKS. See Game Laws. MONDAY. Prisoners to be discharged on, § 28. MONEY. Attorney wrongfully accepting, guilty of misdemeanor, § 160. Conspiracy to obtain by false pretense, punishment, § 182. Embezzlement of. See Embezzlement. Issuing or circulating paper as, punishment of, § 6IS. Issuing paper as, punishment where former conviction charged, § 648. Obtaining to influence legislator, a felony, § 89. Obtaining under false pretenses, punishment of, § 532. Paid for trial of escaped convicts, payment of, § 111. Personal property includes, § 7. Public. See Offices and Officers. Receipts for money taken from defendant. § 1412. Receiving under false personation, punishment of, § 530. Unlawful use of, at elections, a misdemeanor, § 54. MONTEREY COUNTY. Act to protect stock-raisers in, contained in force, § 23. MONTH. Defined, § 7. MONUMENT. See Cemetery, § 296. Injury to cost survey, a misdemeanor, § 615. MORALS. Offenses against decency or morals, a misdemeanor, § 650 V^. MORPHINE. See Drugs; Narcotics. MORTGAGE. Chattel. See Chattel ^Mortgages. 1056 INDEX. MORTGAGE. (roiitimitM].) Chattel, removing or iiis[io.sii)g of property without consent, lar- ceny, § 537. Fraud in transferring cncumbercil personalty a larceny, § 538. Fraudulent, by married person, a felony, § .l.'U. Infant's, on junk, etc., receiving, how punislied, § 501. Married persons mortgaging land under false representations, § 534. Removing imjirovcments from the propert}', when larceny, § 502M;. MOTION. Arrest of judgment witliout, § 1186. For new trial, when made, § 1182. In arrest of judgment, defined, § 1185. In arrest of judgment in justice's court, § 1452. In arrest of judgment, upon what may be foundetl, § 1185. To set aside indictment or information, §§ 995-999. MOTORCYCLES. Collision, duty of driver in case of, § 367c. Collision, failure of driver to assist in case of, punishment, § 3C7c. Driving while intoxicated, punishment of, § 367d. Intoxicated driver injuring person, punishment of, § 367e. Temporarily taking without consent, a misdemeanor, § 499b. Temporarily taking without consent, punishment of, § 499b. MOTOR-VEHICLES. Sec Automobiles". MOUNTAIN SHEEP. See Game Laws. MT. DIABLO. Deer on, act to prevent destruction of. Appendix, tit. "Game Laws." MTJDHEN. See Game Laws. MUNICIPAL CORPORATION. Acts consolidating cities and counties continued in force, § 23. Effect of code on acts incorporating, § 23. Injury to lots, streets, etc., a misdemeanor, § 602. Fires, provision for protection against does not apply to fires set in cities, § 384. MURDER. See Homicide. Assault with intent to murder, punishment of, § 217. Proceedings where defendant under death sentence becomes in- sane, §§ 1221-1224. Proceedings where female under sentence of death is pregnant, §§1225,1226. Unexpected judgment of death, carrying into effect, § 1227. Unexpected judgment of death, order carrying into effect not appealable, § 1227. MUSEUM. Injuring public, a misdemeanor, § 623. MUTILATION. Of public records, punishment of. §!; 113. 114. INDEX. 1057 N NAME. Defendant, how designated in warrant of arrest where name unknown, § 815. Defendant, of, to be stated in warrant of arrest, § 815. Indictment by erroneous, inserting correct, § 953. Indictment by erroneous, proceedings where true name ascer- tained, § 989. Indictment in wrong, proceedings at arraignment, § 989. Indictment or information in wrong, sufficiency of, § 959. Signature to publications and penalty for not signing, § 259. Unauthorized use of, in prospectus, etc., of corporation, a mis- demeanor, § 559. Use of name of another for lewd purposes, a misdemeanor, § GSO^A. Use of name of another so as to injure reputation, a misde- meanor, § 650 1,^. Witnesses, of, inserting in indictment, § 943. NAPA. Sale of liquor within mile of insane asylum at Napa, a misde- meanor, § 172. NAPA RIVEK. Act to prevent destruction of fish in Napa Eivor continued in force, § 23. NARCOTIC. Administering, with intent to commit felony, a felony, § 222. Drugs. See Drugs. Opium resort, keeping, a misdemeanor, § 307. Opium resort, visiting, a misdemeanor, § 307. Opium, sale of, a misdemeanor, § 307. NATIONAL GUARD. See Militia. Discrimination against member of, a misdemeanor, § 421. Member, disrespectful language or insubordination by, a mis- demeanor, § 653. Member failing to appear at parade, a misdemeanor, § 653. Member failing to obey orders, punishment of, § 652. Member refusing to perform military duty, punishment of, § 652. Officer failing to attend parade or encampment, punishment of, §652. Unlawful conversion, use or sale of military property, a mis- demeanor, § 442. Wearing of uniforms, when a misdemeanor, § 4421/1'. NATURE, CRIME AGAINST. See Crime Against Nature. NAVIGABLE WATERS. See Water. NAVIGATION. Obstructing, a misdemeanor, § 613. Protection of buoys and beacons, §§ 609, 614. Appendix, tit. "Buoys and Beacons." NAVY. See Soldiers and Sailors. United States, wearing uniform of, when a misdemeanor, § 4421A. Pen. Code— 67 1058 INDEX. NECESSARIES. llusbaiul's failure to supply, a misdemeanor, § 270a. Parent omitting to provide, a misdemeanor, § 270. NEGLIGENCE. Criminal, as a crime, § 20. Defined, § 7. Locomotive engineer at railroad crossing, of, a misdemeanor, § 390. Meaning of neglect, negligence, negligent, negligently, § 7. Mischievous animal, permitting to run at large, when a felony, ? 399. Neglect, meaning of, § 7. Omission to perform duty, where act performed b}' another, not punishable, § GC2. Person in charge of railroad train, punishment of, § 3G9. Person in charge of steam-boiler, of, punishment of, § 3C8. Person labeling drugs, etc., a felony, § 380. Eailroad employees causing death from collision, punishment of, § 369. Steam-boilers, in management of, punishment of, §§ 349, 368. NEGOTIABLE INSTRUMENT. Forgery of, § 470. Issuing paper money, punishment where former conviction charged, § 648. Making or uttering fictitious, punishment of, § 476. Making to circulate as money, a felony, § 648. Possessing or receiving forged, punishment of, § 475. NET. See Game Laws. NEUTER. Masculine includes, § 7. NEVADA COUNTY. Protection of game in. Appendix, tit. "Game Laws." NEWSPAPER. Articles, failure to sign, procedure where defendant cannot be found, § 259. Articles, penalty where not signed, § 258. Articles, signing of, what sufficient in particular eases, § 259. Articles to be signed, § 258. Caricature or cartoon, publishing of. See Caricature; Cartoon. Circulation, misrepresenting, a misdemeanor, § 538a. Libel. See Libel. Publisher not liable for false statements in advertisements of real estate, § 654b. NEW TRIAL. See Appeal. Absence of defendant, for, § 1181. All evidence to be produced anew, on, § 1180. Appeal from order respecting, §§ 1237, 1238. Appeal from superior court, on, where had, § 1469. Appeal, ordering on, § 1260. Application to be made before judgment, § 1182. Bill of exceptions. See Exceptions, Defined, § 1179. Effect of granting, § 1180. INDEX. • 1059 NEW TRIAL. (Continued.) Errors of law occurring at trial, for, § 1181. Former verdict cannot be used on, or pleaded in bar or referred to, § 1180. Granted in what cases, § 1181. Grounds for, enumerated, § 1181. Instructions, errors in, for, § 1181. Judgment, failure to pronounce within time fixed, new trial to be granted, § 1202. Jury, misconduct of, for, § 1181. Jury receiving evidence out of court, for, § 1181. Jury, separation of, for, § 1181. Justice's or police court, denial of motion, judgment to be pro- nounced and entered, § 14.53. Justice's or police court, in, grounds for, § 1451. Justice's or police court, motion for, defendant may make, § 1450. Justice's or police court, time to move for in, § 1450. New evidence, on ground of, § 1181. New evidence, proceedings where motion made on ground of, § 1181. Order granting or denving, to be entered immediatelj' in minutes, § 1182. Refusal or neglect to hear motion within time fixed for pronoun- cing judgment, rights on, § 1202. Reversal of judgment against defendant without ordering, pro- ceedings on, § 1261. Special verdict defective, granted in case of, § 1156. Time for application for, § 1182. Verdict bv lot, or by means other than a fair expression of opinion, § iisi. Verdict contrary to law or evidence, § 1181. When to be had, § 1261. NICKEL-IN-THE-SLOT MACHINES. Gambling by means of, prohibited, § 330a. NIGHT-TIME. Defined, §§ 450, 463. Hunting in the, a misdemeanor, § 626m. Meaning of, § 7. NITROGLYCERINE. See Explosive. NOLLE PROSEQUI. Abolished, § 1386. Dismissal. See Dismissal of Action. NOTE. See Negotiable Instrument. NOT GUILTY. See Plea. Issue of fact arises on plea of, § 1041. Plea of, §§ 1017-1024. Plea of entered if corporation does not appear, §§ 1396, 1427. NOTICE. Application for conditional examination of witness, notice of, § 1338. Bail, notice of application for to district attorney, § 1274. Bail, service of notice of application to reduce, § 1289. Judicial, of private statute, § 963. lOGO • . JNDEX. NOTICE. (Coiitiiiiiod.) ^Malicious injury to, punislimont of, § GIG. Niiisanec, public, to abate. § .S7;5a. Of appeal, how served, § 1240. Of appeal, by publication, § 1241. Of application for bail, § 1274. Pardon, of application for, §§ 1421-1423. Placing on property without consent, a misdemeanor, § 602. Posting on state property, a misdemeanor, § 602. Posting without license from owner, a misdemeanor, § 602. Tearing down, destroying or obliterating notice set up by au- thority of law, a misdemeanor, § 616. Tearing down notice prohibiting shooting, a misdemeanor, § 602. NUISANCE. Attempting to destroy carcass by fire a misdemeanor, when, § 374. Carcass, putting in street, stream, etc., a misdemeanor, § 374. Committing public, where no punishment prescribed, a misde- meanor, § 372. District attorney to prosecute persons permitting or maintaining. §373a. Health, offenses against. See Public Health. Highways, placing carcasses or offal in, a misdemeanor, § 374. Hospital for contagious diseases, keeping, a misdemeanor, § 373. Maintaining public, where no punishment prescribed, a misde- meanor, § 372. Misdemeanor, separate offense for each day permitted to remain after notice, § 373a. Misdemeanor to maintain or permit public nuisance after notice, § 373a. Nets, seines, etc., when are a, § 636a. Offal, putting in street, river, etc., a misdemeanor, § 374. Omitting to remove, a misdemeanor, § 372. Pest-houses, keeping, a misdemeai\or, § 373. Pollution of stream by carcasses or offal, a misdemeanor, § 374. Public, defined, § 370. Separate offense for each day permitted to remain after notice. § 373a. TJnequal damage by, effect on, § 371. Waters, pollution of by drainage, § 374. NUMBER. Singular or plural of words in code, § 7. NURSE. Substituting child for another, punishment of, § 157. OATH. Clerk of state prison, § 1580. De facto officer not taking, effect of, § 66. Defined, § 119. Grand jurors, of, § 904. Grand jury, foreman may administer to witness before, § 918. Grand jury, foreman, of, § 903. Impeachment, in, of senators, § 745. Includes affirmation or declaration, §§ 7, 119. INDEX. 1061 OATH. (Coutimiecl.) Inventory made of projierty taken under search-warrant, to, form of, § 1537. Irregularity in taking or administering no defense to perjurv, §121." Jurors, of, at coroner's inquest, § 1511. Jurors, of, in justice's court, § 1437. Jurors, of, in police court, § 1437. Jury, of officer having custody of, §§ 1121, 1128, 1440. Justice's court, of officer having custody of jury, § 1440. Office, of, as perjury, § 120. Officer acting without having taken, a misdemeanor, § Go. Perjury. See Perjury. Testify includes statement under, § 7. Warden of state prison, of, § 1577. What includes, § 119. OBSCENE. Advertisements or notice, writing, keeping or selling, a misde- meanor § 311. Books, etc., character of, to be determined summarily, § 313. Books, etc., destruction of, §§ 313, 314. Books, etc., magistrate to deliver copy to district attorney, § 313. Books, etc., seizure of, § 312. Books, papers, etc., writing, keeping or selling, a misdemeanor, §311. Books, photographs, etc., indictment or information for selling, exhibiting, etc., § 968. Exhibition, obscene, procuring one to make, a misdemeanor, § 311. Language, using, a misdemeanor, § 415. Pictures, keeping or selling, etc., a misdemeanor, § 311. Songs, obscene, singing, a misdemeanor, § 311. OCEAN. See Pacific Ocean. OFFENSE. See Crime; Misdemeanor. For which no penalty prescribed, punishment of, §§ 176, 177. Jurisdiction over. See Jurisdiction. No act or omission is a crime except as provided in code, § 6. Public, defined, § 15. OFFICES AND OFFICEES. Accounts, falsification of, punishment of, § 424. Accusation against officers, in what court found or filed, § 890. Accusation against officers. See Accusation. Accusation against, summarj' proceedings, § 772. Accusation or information, proceedings against officers may be prosecuted by, § 889. Accusation, private person, by, proceedings on. See Accusation. Accusation, private person, by, time of hearing, § 772. Accusation to be filed, § 760. See post, this subject, under "Ee- moval." Administrative, code sections applicable to, § 77. Aiding officers is justifiable, § 698. Appointment or election, exercising functions of office without, a misdemeanor, § 75. Appointment, taking reward for making, punishment of, § 74. Appointment to office, buying, a misdemeanor, § 73. Appropriation of money by, punishment of, § 424. 1062 INDEX. OFFICES AND OFFICERS. (Coul iimoil.) Arn^st vvitlioiit l.'iwi'iil aut.liority fi niisdciiicanor, § 14G. Arrested person, delaying to take before magistrate, a misde- meanor, § 145. Asking or reeeiviiig reward, etc., by ofHcer, a misdemeanor, § 70. Assault by, under eolor of ofRet;, puuisiinieut of, § 149. Attorney-general, refusing to allow inspection of books, papers, etc., a misdemeanor, § 440. Bills, presenting fraudulent to officer, a felony, § 72. Bond, acting without having given, a misdemeanor, § 65. Bond, de facto officer not giving, effect of, § 66. Books, papers, etc., refusing to allow controller or attorney-general • to inspect, a misdemeanor, § 440. Books, records, etc., falsifying, punishment of, § 113. Books, records, etc., mutilating or taking away, punishment of, §§76,113. Books, records, etc., refusal to surrender to successor, punishment of, § 76. Books, records, etc., stealing, punishment of, § 113. Bribery of executive officer, punishment of, § 67. Bribery of judicial officer, punishment of, §§92,93. Bribery of members of nominating body, punishment of, § 57. Bribes, executive officer asking or receiving, punishment of, § 68. Buying appointment to office, a misdemeanor, § 73. Candidate, circulating or printing circulars injurious to, punish- ment of, §§ 62a, 62b. Certificate, false issuance of, a misdemeanor, § 167. Claims, presenting fraudulent, to, a felony, § 72. Communicating unlawful offer to voter in behalf of candidate, a misdemeanor, § 56. Contracts, officer illegally interested in, punishment of, § 71. Controller, refusing to allow inspection of books, papers, etc., a misdemeanor, § 440. Crime, prevention of by officers, how effected, § 697. De facto, effect of not taking oath, or giving bond, § 66. Deputy. See Deputy. Disclosure of fact that indictment found, a misdemeanor, § 168. Disqualification because interested in contract, § 71. Disqualification for bringing contraband goods into prison, § 180a. Disqualification for embezzlement, § 514. Disqualification for taking what rewards, § 74. Disqualified, officer guilty of forging is, when, § 88. Disqualified to hold office by crime, § 98. Documents, forging, stealing, mutilating, etc., officer guilty of, punishment of, § 113. Dueling, acting as second or assisting disqualifies, § 228. Dueling disqualifies, § 228. Duel, punishment for not preventing, § 230. Election or appointment, exercising functions of office without, a misdemeanor, § 75. Election. See Elections. Embezzlement, deputy, clerk, servant or agent of officer, when guilty of, § 804. Embezzlement, officer when guilty of, §§ 424, 504. Emolument or gratuity, receiving, a misdemeanor, § 70. Escape, suffering convicts to, punishment of, § 108. Exercising functions wrongfully, a misdemeanor, § 75. Extortion by judicial officer, punishment of, § 94. INDEX. 1063 OFFICES AND OFFICERS. (Continued.) Extortion by, punishment of, §§ 70, 521. False certificates by, issuing, a misdemeanor, § 167. False personation of officer, punishment of, §§ 529, 530. Falsifying jury lists, a felony, § 117. Fees or salary of deputy, retaining, a felony, § lia.. Fine or forfeiture, failure to pay over, a misdemeanor, § 427. Forfeiture of office by bribery, § 98. Forfeiture of office for criminal acts, remedy preserved though not specified, § 10. Forfeiture of office for receiving bribe, § 68. Forfeiture of office for taking what rewards, § 74. Forfeiture of office on conviction of crime, § 673. Forfeiture of office. See Forfeiture of Office. Gambling, officers, duties and liabilities as regards. See Gam- bling. Grand jury may present accusation against officer, § 758. Grand jury to inquire into books, etc., of officers, §§ 928, 929. Grand jury to incpiire into conduct of officers, § 923. Grand jury, powers and duties as to public officers, § 928. Habeas corpus, recommitment of person discharged on, a misde- meanor, § 363. Habeas corpus, refusal by officer to obe,y, a misdemeanor, § 362. Holding over wrongfully, a misdemeanor, § 75. Impeachment, effect of code on proceedings, § 10. Impeachment. See Impeachment. Indictment against officer, in what court found or filed, § 890. Indictment or information, disclosing fact of finding of, a mis- demeanor, § 168. Information against officer, in what court found or filed, § 890. Inhumanity to prisoners, punishment of officer guilty of, § 147. Intervene, in what cases officer may, § 697. Intoxication of officers, punishment of. Appendix, tit. "Officers." Intruding into office when not elected, a misdemeanor, § 75. Joint authority, majority may exercise, § 7. Judicial, receiving part of reporter's fees, punishment of, § 94. Jury-list, officer falsifying or certifying to false, a felony, § 117. Loaning or making profit out of money, punishment of, § 424. Majority of officers may act, § 7. Ministerial, code sections applicable to, § 77. Neglect of official duty, removal from office as additional penalty, §661. Oath, acting without having taken, a misdemeanor, § 65. Oath, effect of de facto officer not taking, § 66. Oath of office, as perjury, § 120. Obstructing, in collecting revenue, a misdemeanor, § 428. Omission of duty, where no special provision for punishment thereof, § 176. Omission to perform duty where act done by another, § 662. Peace-officers, are who, § 817. Peace-officers, defined, § 7. Persons aiding officers, are justified, § 698. Presenting fraudulent bill or claim to officer, a felony, § 72. Prevention of crime by officers, how accomplished, § 697. Prevention of crime, persons aiding officers, when justified, § 698. Public moneys defined, § 426. Public, money, loaning or using, punishment of, § 424. 1064 INDEX. OFFICES AND OFFICERS. (Cnnlimicl.) Public money, olTicor iicHlcctiii;; ,,i- failing to \>ny over, gniltv of felony, § 425. Public money or prnpoitN', witliiinldinir from successor, punishment of, § 76. Public money, refusal to p;iv over on (icniand, punlslimcnt of, §424. Public monej', refusal to transfer, ]iunisliment of, § 424. "Public money," what includes, § 42G. Recall. See Recall. ReceivinjT portion of wages of laborer on public works, a felony, § 6f)3d. Records, forging, stealing, mutilating, etc., punishment of, § 113. Records or documents, destroying or taking away, punishment of, § 76. Records or documents, withholding after right to office termin- ated, punishment of, § 76. Refusal or omission to transfer moneys, punishment of, § 424. Removal, accusation, defendant must appear and answer, § 761. Removal, accusation, form of, § 759. Removal, accusation may be presented by grand jury, § 758. Removal, accusation, private person, citation to officer, § 772. Removal, accusation, private person, judgment on conviction, § 772. Removal, accusation, private person may file, § 772. Removal, accusation. See Accusation. Removal, answer of defendant to accusation, § 765. Removal, appeal, defendant suspended pending, § 770. Removal, appeal, effect of as a stay, § 770. Removal, appeal from judgment, certificate of probable cause, stays suspension, § 770. Removal, appeal from judgment, filling office where no certificate filed, § 770. Removal, appeal from judgment of, priority of hearing, § 770'. Removal, appeal from judgment of, right of, § 770. Removal, appeal from judgment, proceedings where bill of excep- tions not settled in time for certificate of probable cause, §770. Removal, appeal, office to be filled pending, § 770. Removal, appeal, taken how, § 770. Removal by impeachment, §§ 739-753. See Impeachment. Removal, defendant may object or deny accusation, § 762. Removal, denial of accusation to be entered on minutes, § 764. Removal, effect of code on proceedings, § 75. Removal for neglect of duty, § 661. Removal, form of objection to accusation, § 763. Removal from office as additional penalty for neglect of duty, §661. Removal, indictment of, in what court found, § 890. Removal, information or indictment, §§ 889, 890. Removal, information against, in what court found, § 890. Removal, judgment of on conviction, § 769. Removal, judgment to be entered and causes assigned, § 769. Removal, manner of denial of accusation, § 764. Removal of district attorney, proceedings for, § 771. Removal otherwise than by impeachment, §§ 758-772. Removal, proceedings for need not be i)rosecuted by indictment or information, § 682. INDEX. 1065 OFFICES AND OFFICERS. (Continued.) Eenioval, procecilings may be coinnieuced by accusation or in- formation, § 889. Removal, proceedings on denial of matters charged, § 766. Eemoval, proceedings on plea of guilty, § 766. * Eemoval, proceedings on refusal to answer or deny accusation, §766. Removal, proceedings when defendant does not appear, § 761. Eenioval, service of accusation, § 760. Removal, time to appear and answer accusation, § 760. Eemoval, transmitting accusation to district attornej-, § 760. Eemoval, trial, how conducted, § 767. Eemoval, trial to be by jury, § 767. Removal; witnesses, attendance of, § 768. Removal, witnesses, state and defendant entitled to process for, § 768. Reporter, rvcelving part of salary by judicial officer, punishment of, §9^. Rescuing prisoner from officer, punishment of, § 101. Resisting executive officer, punishment of, § 69. Resisting officer, punishment of, §§ 68, 148. Retaking, injuring or destroj'iug goods in custody of, § 102. Reward for appointment, punishment for taking, § 74. Eioters, officers to command to disperse, § 726. Riot, neglecting or refusing to disperse, a misdemeanor, § 410. Salary of clerk or deputy, retaining part of, a felony, § 74a. Salary of stenographer or reporter, receiving part of, by judicial officer, punishment of, § 94. Salary or wages, taking part of, a i'elony, §§ 74a, 653d. Scrip, dealing in by officer, punishment of, § 71. Seal, how made, § 7. Seal, meaning of, § 7. Seizing property without authority, a misdemeanor, § 146. Stenographer, receiving part of salary of, by judicial officer, punishment of, § 94. Successor, refusal to surrender books, etc., to, punishment of, § 76. Summary proceedings for removal of, § 772. Summary proceedings, judgment in, § 772. Superintendent of printing not to be interested in contract, § 99. Suspension of, in case of impeachment, effect of, § 750. Taking rew^ard for appointment, punishment of, § 74. Taxes, obstructing collection of, a misdemeanor, § 42S. Vouchers, bills, claims, etc., presenting fraudulent, to officer or board, a felony, § 72. Willful omission of duty, where no punishment provided therefor, punishment of, § 176. OILS. Act to prevent adulteration of. Appendix, tit. "Adulteration." OLIVE-OIL. Sale of, act regulating. Appendix, tit. "Olive-oil.' ONCE IN JEOPARDY. See Former .Jeopardy. OPENING AND CLOSING. Eight of, § 1093. OPERA. See Copyriglit 10G6 iMU'.\. OPINION. C'lu'iiiist's, of cause of death, § l.'il'j. (iraiul juror, of, as disqualifyinj^, § Si^'i Jurors, as a ground of cliallfiiyi', § lOTli. OPIUM. Soo Drugs; Narcotic. Keeping resort, a misdemeanor, § 307. Sale of, a misdemeanor, § .307. AMsiting resort, a misdemeanor, § 307. ORDER. Appeal from, right of, §§ 12.37, 1238. Commitment. See Commitment. Contempt, resisting of order, § 166. Contents of, § 1301. For bail to be indorsed on bench-warrant, § 982. For change of venue, § 1035. For conditional examination, application, how made, § 1337. For conditional examination, application, to whom made, § 133S. For conditional examination, must direct what, § 1340. For conditional examination, to contain what, § 1339. For conditional examination, when may be applied for, § 1336. For recommitment of defendant after having given bail, when or- dered, § 1310. For resubmission to grand jury, § 998. Holding defendant to answer, form of, §§ 872, 873. Of court, disobedience of, a misdemeanor, § 166. Setting aside indictment no bar to another prosecution, § 999. ORDERS. Secret, wearing badge of, a misdemeanor, § 543^/o. ORDINANCES. Fines and forfeitures for violation paid to city treasury, §§ 1457, 1570. Fines for violation of, disposition of, §§ 1457, 1570. Officers voting for ordinance permitting gambling, punishment of, § 337. ORNAMENTAL PLANT. Injuring, a misdemeanor, § 622. ORPHAN ASYLUM. Custody of child may be committed to when, § 273d. Eepresenting child to be orphan to manager of, a misdemeanor, §271a. OTTER. See Game Laws. OVERCHARGE. By railroad officer, a misdemeanor, § 525. OVERT ACT. Evidence of, on trial for conspiracy, § 1104. Evidence of, on trial for treason, § 1103. Necessary to constitute conspiracy, § 184. Of treason out of state, jurisdiction, § 788. OWL. (Jreat homed, is a predatory bird, § 637M! iNukx. 1067 OWNERSHIP. Attempt to assume ownership of person, punishment of, § 181. OYSTERS. Act concerning continued in force, § 23. Act concerning oyster-beds continued in force, § 23. Injuring, etc., a misdemeanor, § 602. Trespass upon property where planted, a misdemeanor, § 602. PACIFIC OCEAN. Garbage, refuse, etc., dumping in, regulation of, § 374a. Garbage, refuse, etc., dumping in, violation of law regulating, punishment of, § 37-la. PAINTS. Act to prevent adulteration of. Appendix, tit. "Adulteration." PANEL. See Grand Jury; -Jury. PAPER. Mutilation of by public officer, punishment of, § 76. Official, refusal of officers to surrender, punishment of, § 76. Preparing false, for use upon trial, a felony, § 134. Stealing or injuring public, punishment of, §§ 113, 114. PAPER MONEY. Issuing and circulating, a felony, § 648. Punishment, where former conviction charged, § 648. PARADE. Consent of governor, necessity of, to parade with arms, § 734. Failure to attend, punishment of, §§ 652, 653. Eight to parade with arms, § 734. PARDON. Commutation. See Commutation. Directors to report to governor names of prisoners entitled to, § 1596. Governor cannot grant in what cases, §§ 1417, 1418. Governor may grant in what cases, § 1417. Governor may require statement or report of case from judge or district attorney, on application for, § 1420. Governor to communicate facts concerning, to legislature, § 1449. Impeachment, cannot be granted for, § 1417. Notice of application for, not necessary w^hen, § 1423. Notice of application for, publication of, § 1422. Notice to district attorney of application for, and proof of, § 1421. Parole of prisoners, acts relating to. Appendix, tit. "State Prisons." Eeport by directors of prisoners entitled to pardon, § 1595. Report of case, how and from whom required, § 1420. Reprieve. See Reprieve. Treason, power of governor, §§ 1417, 1418. Treason, power of legislature as to, § 1418. AVhere prisoner twice convicted of felony, § 1418. PARENT AND CHILD. See Infant. Abandoning child, punishment of, §§ 271, 271a. 1068 INDEX. PARENT AND CHILD. Coiitimu'J.) AliaiidoiiiiuMit or neglect of cliilil, foiuiiclliiig purciit lo work and ]iayiiig prococds to custodian of child, § 'Il'.'jh. Abusing tcaclier in presence of pupil, a niisdenieanor, § (J.job. Child-stealing, punishment of, § 27S. Child, unlawful use, sale, or hire of, punishment of, § 272. Cruelty to children, punishment of, § 273a. Dependent and delinquent children. See Juvenile Court. Deserting child, punishment of, § 271. Endangering life, limb or health of child, a misdemeanor, § 273a. Enticing away child, jurisdiction, § 784. Exhibiting, employing or hiring out child, ininishmcnt of, §§ 272, 273. Failure to provide for child, punishment of, §§ 270, 271a. Fines for offenses to children, disposition of, § 273e. Fraudulently, forcibly or maliciously taking or enticing away child, punishment of, § 278. Homicide in correcting child when excusable, § 19."). Homicide in defense of parent or child, justifiable, § 197. Illigitimate child, parent omitting to provide for, iiunishment of, §270. Immoral place, sending minor under eighteen to, § 273f. Kidnaping or abducting of child, jurisdiction of offense of, § 784. Mendicant purposes, etc., disposing of child for, punishment of, §§272,273. Musician, consent to employment of child as, § 272. Musician, employment of child as, § 272. Necessaries, parent omitting to provide, punishment of, § 270. Non-support of child, suspending sentence on giving undertaking, § 270b. Non-support of child, abandonment or neglect is prima facie will- ful, § 270e. Non-support of child, evidence of parentage, § 270e. Non-support of child, fine imposed for mav be paid to custodian of child, § 270d. Non-sujiport of child, rule as to privileged communications be- tween husband and wife does not apply, § 270e. Omitting to provide for child, punishment of, § 270. Orphan, representing child to be manager of orphan asylum, a misdemeanor, § 271a. Prostitution, permitting or conniving at child being in house of, a misdemeanor, § 309. Prostitution, sending child under eighteen to house of, § 273f. Saloon or gambling place, sending minor under eighteen to, § 273f. Substituting one child for another, punishment of, § 1-57. Undertaking for support of child, breach of, and proceedings on, § 270b. Undertaking for sujiport of child, giving of and proceedings on, § 270b. Unlawful use, exhibit, sale, or hire of children, punishment of. PARKS. Injuring trees, plants or improvements in, a misdemeanor, § 622. PAROLE Act establishing l)oavd of parole commissioners. Appendix, tit. "State Prisons." INDEX. 1069 PAROLE. (Contiuued.) Assisting escape of prisoner whose parole revoked, punishment of, § 109. Government of paroie prisoners, act relating to. Appendix, tit. "State Prisons." Inducing person to break, or to leave guardian, a misdemeanor, § 171c. Parole, attempt to extort from a misdemeanor, § 650a. Parole, exposure of a misdemeanor, § 650a. Prisoners, of. See Prisoners. PARTIES. See Defendant. Accessories, who are, § 32. Appeal, on. See Appeal. Criminal action, to. See Action. Joint indictment of, one or more may be accjuitted or convicted, §970. Joint indictment, separate trials in case of, § 1098. Joint, verdict as to some defendants and retrials as to others, § 1160. Principals and accessories, are, § 30. Principals, who are, § 31. Special proceeding, to, how designated, § 1562. PARTNERSHIP. Fraud of special partner, a misdemeanor, § 358. Suit carried on bv attornev's partner, attorney cannot defend, §§162,163. PARTRIDGES. See Game Laws. PASSENGER. See Carriers of Passengers. Kefusing to receive, a misdemeanor, § 365. PASSES. See Carriers of Passengers; Forgery. PAWN-BROKERS. Interest, limit on rate of, §§ 338, 340. Interest, unlaw^ful rate, charging, a misdemeanor, §§ 338, 340. License, doing business without, a misdemeanor, § 338. Notice, sale without, a misdemeanor, § 341. Eefusal to allow officer to inspect articles pledged, a misde- meanor, § 343. Register, entries in, what required, § 339. Register, failure to keep, a misdemeanor, § 339. Register, refusal to allow officer to inspect, a misdemeanor, § 343. Sale before time of redemption expired, a misdemeanor, § 341. Sale, refusal to pay proceeds over, a misdemeanor, § 342. Sale, refusing to disclose particulars of, a misdemeanor, § 342. Sale without notice, a misdemeanor, § 341. Sales, failure to keep account of a misdemeanor, § 339. Search-warrant, refusal to allow officer with, to inspect register, a misdemeanor, § 343. To deliver pledgor copy of entry, § 339. PEACE. Arrest of person threatening a breach of when ordered, § 703. Breach, evidence of, § 713. Breach of. See Breach of Peace. Depositions of witnesses to be token, on information of breach of, § 702. 1070 INDEX. PEACE. (('uiitiiiiiLHl.) DisclKuge of ]iarty where no reason to fear offense, § 70o. Disiliarffe of person committed for tlireatened breacli on giving undertaiiing, § 708. Disorderly house, keeping, a misdemeanor, § 310. Disturbance of, wliat acts are, §41;j. Disturbing public meetings, punishment, § 40.3. Distur1)ing, punishment of, § 41.j. Disturbing, refusal to disjjerse, a misdemeanor, § 416. Evidence of breach of, §713. Evideuce to be reduced to writing and signed when charges controverted, § 704. Homicide committed in preserving, is justifiable, § 197. Information of threatened offense, laying before magistrate, § 701. Informer and witnesses, examination of and depositions of, § 702. Officer, defined, § 7. Officer may intervene to keep the, § 697. Officers are who, § 817. Officers. See Police. Proceedings where charges of threats to commit breach of the peace controverted, § 704. Public meeting, mayor to order out police to preserve, § 720. Riot. See Eiot. Security to keep, officers may prevent crime by requiring, § 697. Security to keep, required when, § 706. Security to Iteep, when only can be required, § 714. Security where assault, threats or disorderly conduct committed in presence of court, § 710. Threatened offenses, information of, § 701. Undertaking to keep, amount of, § 706. Undertaking to keep commitment for not giving, discharge where subsequently given, § 708. Undertaking to keep, discharge of person on giving, § 707. Undertaking to keep, effect of giving or refusing, §§ 707, 710. Undertaking to lieep, evideuce of its breach, § 713. Undertaking to keep, filing, § 709. Undertaking to keep, how long binding, and extension of time, §706. Undertaking to keep, new, § 706. Undertaking to keep, refusal to give, commitment, §§ 707, 710. Undertaking to keep, valid, how long, § 706. Undertaking to keep, when and how prosecuted, §§ 712, 713. Undertaking to keep, when broken, § 711. PEACE-OFFICER. Arrest, peace-officer may make, §§ 834, 836. Arrest. See Arrest. Defined, § 7. Duels, to prevent, § 230. Police-officer. See Police. Receipts for money or property taken from defendant, § 1412. Refusing to receive or arrest person charged with crime, punish- ment of, § 142. Stolen or embezzled property, how disposed of, §§ 1407 et seq. Warrants, directed to, and executed by, §§ 816, 819. Wlio are, § 817. PEDIGREE. Giving false pedigree of animal, a misdemeanor, § 537a. IXDKX. 1071 PENAL CODE. See Coae. PENALTY. See Fine. Failure to sign libelous articles, punishment for, § 2.59. Jury may determine, in murder, § 190. None provided for offense, punishment in ease of, §§ 176, 177. PENITENTIARY. See Prison. PENSIONS. Police relief, health and life insurance and pension fund. Ap- pendix, tit. "Police," PERCH. See Game Laws. PERIODICAL. Misrepresenting circulation of, a misdemeanor, § 53Sa. PERJURY. Affidavit, making of, when deemed complete, § 124. Affidavits, subsequent contradictory, evidence of falsity, § llSa. Affidavits, what statements in, are, § 118a. Certificate complete, when, § 124. Certificate, making of, when deemed complete, § 124. Conviction procured by, punishable by death, § 128. Defined, § 118. Deposition, making of when deemed complete, § 124. Evidence necessary to convict, § 1103a. Grand juror may be required to disclose testimony of witness, on prosecution for, § 926. Grand juror, of, § 927. How must be proved, § 1103a. Incompetency of witness no defense, § 122. Indictment or information for, § 966. Indictment or information for subornation of, § 966. Materiality of testimony, knowledge of, not necessary, § 123. Oath defined, § 119. Oath, failure of affiant to go before officer, no defense, when, §121. Oath includes affirmation, § 119. Oath, irregularity in taking or administering, no defense, § 121. Oath of office as, § 120. Oath, what includes, § 119. Punishment for, §§ 126-128. Punishment of subornation of perjury, § 127. Return, statement or report, false statement in, effect of where oath not taken, § 129. Statement of what one does not know to be true, § 125. Subornation of, punishment of, §§ 127, 128. Subornation of, who guilty of, § 12.7. Testimony of two witnesses or one witness and corroborating circumstances necessary, § 1103a. Testimony of witness may be read against him on trial for, § 14. That evielenee did not affect proceeding no defense, § 123. Witness testimony may be read against him on prosecution for, §14. PERSON. Includes corporation, §§ 7, 599b. Indecent exposure of, a misdemeanor, § 311. Injuries to, what a misdemeanor, § 650V-;. lOT'J INDEX. PERSONAL LIBERTY. .Mtoiiipt to iissumc o\vii('r.slii[) ol' poison, |iuiiisliiiit'iit of, §. ISl. iiifringoincnt of, i)Uiiisluiu'nt of, §181. PERSONAL PROPERTY. Rce Cliuttol Mortgages. Chatti'l iM(irt>i;i>;('.s. See Cliatlol Mortgages, lucliuie what, § 7. Property includes, § 7. PERSONATION. See False Personation. I'alse, a misdemeanor, § (ioOYj- PERVERTS. See Crimes Against Nature. PEST-HOUSE. In cities, keeping, a misdemeanor, § 373. PESTILENCE. J\emo\al of prisoners in case of, § 1G08. PETITIONS. Initiative. See Initiative. Recall. See Eeeall. Referendum. See Referendum. PETIT LARCENY. See Larceny. PETIT TREASON. Common-law distinctions abolished, § 191. What killings regarded as, at common law, § 191. PHARMACY. See Drugs. Adulteration of drugs, prohibition of, § 383. Sale of poisonous substances, § 347a. PHEASANT. See Game Laws. Killing, a misdemeanor, § 626c. PHONOGRAPHIC REPORTER, See Stenographer. Officer receiving part of salary of, punishment of, § 94. PHOTOGRAPH. Publishing without one's consent, punishment of, § 258. PHRASES. See Words and Phrases. Construction of, in general, § 7. PHYSICIAN. Coroners' inquests, attendance at and compensation of, § 1512. Appendix, tit. "Coroners." Intoxicated, injuries by, misdemeanor, when, § 346. Post-mortem examination, § 1512. PICTURE. Obscene, §§ 311-314. See Obscene. Publishing one's picture without consent, punishment of, § 258. PIECE CLUBS. Formation of prohibited. Appendix, tit. "Elections." PIGEONS. See Game Laws; Homing Pigeons. PIGMENTS. Act to prevent adulteration of. Appendix, tit. "Adulteration." INDEX. 1073 PILE. Injuring, a inisdomeanor, § GOT. PILOTING. By unlicensed pilot, a misdemeanor, § oTi*. PIRACY. See Copyright. PISMO CLAMS. See Game Laws. PLACE OF TRIAL. See Venue. PLANT. injuring plants, a misdemeanor, § 622. PLEA. See Pleadings. Classes of pleas, § 1016. Corporation, by, §§ 1396, 1427. Corporations, plea ef not guilty entered if it does not appear, §§ 1396, 1427. Def&ndant has two days to prepare for trial, § 1094. Defendant's only pleading is a plea or demurrer, § 1002. Entered on ttiinutes, to be, § 1017. Former acquittal or conviction. See Former Jeopardy. Form of, § 1017. Form of verdict on, f 1151. Guilt}-, court to determine degree of crime, § 1192. Guilty, form of, § 1017. Guilty, of, how put in by corporation, § lOlS. Guilty, of, put in how, § 1018. Guilty, of, withdrawing, § 1018. How put in, § 1017. Issue of fact arises on, § 1041. Justice court, in, § 1429. Justice's court, in. See .Justice's and Police Court. Kinds of, § 1016. Must be put in in open court, § 1003. Not guilty, of, evidence that may be given under, § 1020. Not guilty, of, puts what in issue, § 1019. Not guilty, plea of, § 1017. Not guilty, plea of to be entered on failure of corporation to ap- pear, §§ 1396, 1427. Oral, to be, § 1017. Pleading, as a, § 1002'. Police court, in. See Police Court. Prior conviction, not to be read to jury or alluded to, § 1025. Prior conviction, plea to and proceedings on answer, § 1025. Prior conviction, refusal to answer equivalent to denial, § 1025. Put in, how, § 1017. Refusal to answer, plea of not guilty entered, § 1024. Refusal to plead, judgment may be pronounced, § 1011. Time to put in, § 1003. Time to put in where demurrer overruled. § 1011. Withdrawing plea of guilty, § lOlS. PLEADING. See Answer; Complaint; Demurrer; Former Jeopardy; Indictment; Information; Plea. Defendant's only pleading is a plea or demurrer, § 1002. Errors in are not material if substantial rights not affected, §§ 960, 1404. Pen. Code — 68 1074 IN'DKV. PLEADING. Colli uiiuMl.j J''oniis of, all arc j)rescril)fi| liy code, § I»IS. Iinjioaclniu'iit, in, §§ 741!, 744. Issue. fSoe Issue. .hulgnient, how pleaded, § 9C)2. Lost, how supplieil, § 810. Lost, supplyiii^r, effect of substituted pleading, § SJU. Officers, in proceedings to remove, §§ 7G2-7G(j. Private statute, how pleaded, § 9(33. lUiles of, are prescribed by code, § 948. PLEDGE. See Pawnbrokers. Candidate, pledge of or by, punishment of, §§ 55a, 50. Candidates making pledge, punishment of, § 55a.. Carrier, by, punishment of, §§ 581, 583. Of junk, receiving from infant, a misdemeanor, § 501. Warehouseman, by, punishment of, §§ 581, 583. PLOVER. See Game Laws. PLURAL. tSiugular includes, § 7. POISON. Administering stupefying drugs with intent to commit felony, a felony, § 222. Administering with intent to kill, punishment of, § 216. Animals, act to prevent giving of, to. Appendix, tit. "Animals." Animals, poisoning, punishment of, § 596. Assault with caustic chemicals, punishment of, § 244. Cattle, poisoning, § 596. Drink, poisoning, punishment of, § 347. Food, poisoning, punishment of, § 347. Medicine, poisoning, punishment of, § 347. Sale of, act relating to, §§ 347a, note. Sale of, book of open to inspection, § 347a. Sale of, enumeration of forbidden articles, § 347a. Sale of, identification of purchaser, § 347a. Sale of, labeling parcel, § 347a. Sale of poisonous substances, act regulating. Appendix, tit. "Poisons." Sale of, recording sales, § 347a. Sale of, regulation of, § 347a. Sale of, statute regulating does not apply' to prescriptions, § 347a. Sale of, to whom only to be sold, § 347a. Sale of, violation of statute regulating, punishment of, § 347a. Sale of, what articles regulated by statute, § 347a. Water, poisoning, punishment of, § 347. POLICE. Arrest, peace-officer may make, §§ 834, 836. Arrest. See Arrest. Extra police-officers, appointment and compensation of. Appen- dix, tit. "Police." Forming, to prevent crime, § 697. Gaming, duty and liability in regard to, § 335. Hours of service of. Appendix, tit. "Police." , In incorporated towns, etc., duty of person in charge bf, § 1413. Increase of police force. Appendix, tit. "Police." ' INDEX. 1075 POLICE. (Coutiiuicil.) Number of, limit on. AppAidix/til. "Police." Organization and regulation of, governed by specinl laws, § 719. Peace-officer defined, § 7. Peace-officer, policeman is, § 817. Peace-officers, who are, § 817. Peace-officers. See Peace-officer. Property clerk, duty in keeping record of stolen property, § 1413. Public meetings, force to preserve peace at,' § 720. Eailroad and steamship companies, appointment of police to serve on. Appendix, tit. "Police." Receipts for money or property taken from defendant, § 1412. Relief, health and life insurance and pension fund. Appendix, tit. "Police." Salaries of chiefs, captains of police and police-officers in cities of certain sizes. Appendix, tit. "Police." Senior rights of members of paid police departments, act relating to. Appendix, tit. "Police." Stolen or embezzled property, how disposed of, §§ 1407 et seq. Warrant of arrest may be directed to, §§ 816, 818, 819. Warrants of arrest directed to and executed by peace-officers, §§816, 818, 819. Yearly vacations to be granted members of. Appendix, tit. "Police." POLICE COURT. See Justice's and Police Court. Acquittal, discharge of defendant on, § 14.54. Affidavits in, want of or defective title, effect of, § 1460. Appeal to superior court, §§ 1466-1470. Appeal to sujierior court. See Appeal. Arrest, form of warrant, § 1427. Arrest, grounds for, § 1427. Arrest of judgment, denial of motion, judgment to be pronounced and entered, § 14.52. Arrest of judgment, effect of, § 1452. Arrest of judgment, grounds for, § 1452. Arrest of judgment in, defendant may move for, § 1450. Arrest of judgment, time for motion in, § 1450. Bail, defendant may be admitted to, § 1458. Bail, provisions of code relative to, prevail in, § 1458. Challenges to jurors, court to try, § 1436. Challenges to jurors, grounds of, § 1436. Complaint, form of and what to set forth, § 1426a. Complaint, proceedings to commence by, § 1426. Continuance, right to, § 1433. Conviction, proceedings on, § 1445. Corporation, summons to, § 1427. Costs against prosecutor, judgment for and enforcement of, §§ 1447, 1448. Court cannot charge on questions of fact, § 1439. Court to decide questions of law, § 1439. Court, trial is by, when, § 1430. Courts included in definition of, § 1461. Defined, § 1461. Discharge of defendant on judgment of fine without alternative, § 1454. Discharge of defendant on payment of fine, § 1457. Docket, how kept and what to contain, § 1428. l()/(i INDEX. POLICE COURT. (Colli iinicatli sontenco, proeeedings on, §§ 1225, 1226. PRELIMINARY EXAMINATION. Acpompliee, conditional examination of, § 882. Bail for appearance at, § 1273. Bail on postponement of, § 802. Bail, order for on commitment, § 875. Bail, undertakings for to be returned to court, § 88.3. Charge, magistrate to inform defendant of, § 858. Commitment for examination, how made and form of, § 863. Commitment, form of, §§ 80.3, 872, 87."'., 877. Commitment, how made and to whom delivered, § 876. Commitment, indorsing on complaint, § 872. Commitment on postl)onement of, § 8G2. Commitment, when and how made, §§ 863, 872, 876 Commitment. See Commitment. Completed, to be in one session, § 861. Counsel, defendant to be allowed time to send for, § 859. Counsel, magistrate to inform of right to, § 858. Counsel, peace-officer to take message to without charge or delay, § 859. Counsel, postponing examination until defendant can send for, § 859. Counsel, sending for, § 859. Depositions at, signing, certifying and authenticating, § 869. Depositions at, transcribed copy as evidence, § 869. Depositions at, transcribing, certifying and filing, § 869. Depositions, by whom and how kept, § 870. De])Ositions, examination and copying of, § 870. Depositions, form of and contents of, § 869. Depositions in homicide. See post, "Homicide," this subject. Dejiositions of witnesses, how authenticated, § 869. Depositions, original notes to be filed, § 869. Depositions to be first read to defendant on, § 864. Depositions to be returned to court, after hearing, § 883. Deposition, transcript of to be furnished defendant or attorney, when, § 870. Discharge, form of, § 871. Discharge of defendant, when and how made, § 871. Discharge. See Discharge. Examination of defendant before magistrate after jury discharged because facts are not an offense, § 1117. Exclusion of person on, right as to, § 867. Female prosecuting witness entitled to attendance of person of her own sex, § 868. Form of order holding to answer, §§ 872, 873. Held to answer, defendant is, when, § 872. Homicide, deposition in, authentication and form thereof, § 869. Homicide, deposition in, compensation of reporter, § 869. Homicide, deposition in, signatures, § 869. Homicide, deposition in, transcribing, § 869. Homicide, depositions of witnesses to be taken, § 869. Indictment or information, setting aside of, holding preliminary examination in case of, § 997, INDEX. 1079 PRELIMINARY EXAMINATION. (Continued.) Indictment or information, sustaining demurrer to, preliminary examination before magistrate may be lield after, § 1008. Infant witness, to give security, § SSO. Magistrate to return depositions, undertakings, warrants, etc., to court, § SS3. Married woman as witness to give security, § SSO. Postponement, commitment or discharge on bail, in ease of, § 862. Postponement, length of, § 8G1. Postponement, to allow time to send for counsel, § 859. Present at, who may be, § 86S. Shorthand reporter, appointment of to take testimony, § 8(39. Shorthand reporter, compensation for transcribing testimony for defendant, § 870. Shorthand reporter's compiensation for deposition at, § 869. Subpoenas to be issued for witnesses, § 864. Testimony, how taken and authenticated, § S69. Testimony, transcribing, certifying and tiling, § 869. Time for commencing, § 860. Undertakings to be returned to court after hearing, § 883. Warrant to be returned to court after hearing, § 883. When to be completed, §861. When to proceed, § 860. Who may be present at, § 868. Witness, accomplice, conditional examination of, § 882. Witness, conditional examination, how conducted, § 882. Witness, conditionally examined, when, § 882. Witness, defendant may cross-examine, § 865. Witness, defendant may produce, § 866. Witness, deposition, admissibility of, § 882. Witness, examination of defendant's, § 866. Witness, exclusion and separation of, § 867. Witness, right of cross-examination of, § 865. Witness to be committed on refusal to give security to appear, § 881. Witness to be examined in presence of defendant, § 865. Witness unable to give security to appear may be examined con- ditionally, § 882. Witness, undertaking of, to appear, §§ 878-882. PREMISES. Forcible entry and detainer of, a misdemeanor, § 418. Eeturn, after being removed by legal proceedings, § 419. PRESCRIPTION. See Druggist. PRESENT. Words in present tense include future, § 7. PRESENTMENT. See Indictment; Information. Corporation, against. See Corporations. Defined, § 916. Of indictment, manner of, § 944. PRESIDENT. Assault niton, a felony. Appendix, tit. "Conspiracy." Conspiracy to commit any crime against, a felony. A])pendix, tit. "Conspiracy." 1080 JNDICX. FRESTON SCHOOL OF INDUSTRY. L'oiiiiiiitiiKMit to. A]>i)oii(li.\, (it. "Scliool of TJeforin." EstiihlisluiuMit of. .XppeiKlix, tit. "Seliool of Industry." Evil-niimled puisons preveJited from coming on ground;*, §§ 1711), 171c. Maintenance of. Appendix, tit. "School of Industry." Management of. Appendix, tit. "School of Indu.stry." Powers of judge. Appendix, tit. "School of Keforni." PRESUMPTION. Director absent presumed to assent to proceedings, when, § 570. Director present presumed to assent to proceedings when, § ;j69. Director presumed to have knowledge of affairs of corporation, §568. Guilt, from finding indii'tmeut, § 1270. Indictment or information, need not state, of law, § 901. Innocence, of, § 109G. Libel, malice not presumed on communication by interested per- son, § 256. Libelous publication presumed malicious, § 250. PRETENSE. See False Pretenses. PREVENTION. X Lawful resistance to crime. See Eesistance; Self-defense. Of crime by public officers, how effected, § 697. Of crime, persons acting in aid of officers in, when justified, § 69S. PREVIOUS CONVICTION. See Second Conviction; Former Jeopardy. Finding on, § 1158. Form of verdict on, § 1158. PRIMARY ELECTION, See Elections. PRINCIPAL. Accessory, who is, § 32. Accessory. See Accessories. All persons concerned liable as principals, § 971. Distinction between accessory before the fact and principal abolished, § 974. Distinction between principals in first and second degree abolished, §971. Jurisdiction of, not present, § 792. Parties to crime are principals and accessories, § 30. Who is a, § 31. PRINTER. Not liable for false statements in advertisements of real estate, § 6.54b. PRINTING. Circulars injurious to candidate, printing, a misdemeanor, § 62b. Election ticket, when unlawful, § 62. Superintendent of state, not to be interested, in contract, §§ 99, 100. Writing includes, § 7. PRIOR ACQUITTAL. See Former Jeopardy. i Issue of fact arises on plea of, § 1041. INDEX. 1081 PRIOR CONVICTION. See Former .Toopardy; i'lea; Second Couvic- tiou; Second Offense. Form of verdict on plea of, § ll.")!. How charged in indictment or information, § 969. Issue of fact arises on, § 1041. Jurj- to find on, § 1158. Not more than two to be charged in indictment or information, § 9(39. Not to be read to jury or alluded to on trial, §§ 1025, 1093. Pardon or commutation in case of, § lllS. Plea to and proceedings on answer, § 1025. Refusal to answer equivalent to denial, § 1025. Verdict on, form of, § 1158. PRISON. See .Jail; Convict; Prisoner; State Prisons. Accounts and finances of, kept separate, § 1572. Actions to be prosecuted by warden under direction of directors, § 1578. Allowance to prisoner for meritorious service, power to make, § 1590. Annual reports to be made, § 1576. Appointee, intemperate use of liquor by, punishment for, § 1581. Appointee receiving compensation other than allowed by directors, punishment of, § 1591. Appointee to receive no compensation other than that allowed by directors, § 1591. Appointees, bonds of to be deposited with secretary of state, § 1594. Appointees not to be interested in contracts, § 1592. Appointees not to make gifts to or receive gifts from convicts, § 1592. Appointees, power of removal of, § 1581. Appointees, punishment for making or receiving gifts, § 1592. Appointees, salaries of, § 1582. Appointment to office in, who ineligible to, § 1581. Appointments, warden to make, § 1578. Bags, price at which to be sold. Appendix, tit. "State Prisons." Bonds of officers and employees deposited with secretary of state, § 1594. Buildings and structures, power of directors to erect, § 1590. Buildings destroyed by fire, rebuilding of, § 1595. Carrying into, things to aid escape, punishment for, § 110. Child under sixteen not to be confined with adult, § 273b. Claims, directors to audit, § 1576. Claims, how paid, where not sufficient money on hand, § 1584. Clerk, appointment and term of office, § 1580. Clerk, bond and oath of, § 1580. C>rk, duties of, § 1580. Clerks, ground for removal, § 1581. Clerks, salaries of, § 1582. Code, effect of on statute respecting, § 23. Communicating with convict, a misdemeanor, S 171. Contraband articles, bringing into, punishment of, § 180a. Contractor giving compensation to officer or employee of, punish. ment of, § 1591. Contracts for supplies, etc., bids, calling for and action on, § 1583. < 'ontracts for supplies, etc., notice of letting of, § 1583. 1082 INDEX. PRISON, (((.iitiiiiio.l.) Contracts lor supplies, i't<'., jiovvers and duties of dircftors con- cerning, § 1583. ('oiitructs, officers or employees not to be interested in, § 1592. Contracts to erect illuniiniiting app;iratiis, etc., power of directors as to, § 1590. Contracts to supply gas and water, power of directors to enter into, § 1590. Coroners' inquests in, expenses of, payment of. Appendix, tit. "Costs." County jails. See Jails. Court, prisoner how brought into, § 15G7. Birectors, buildings and structures, power to erect, § 1590. Directors, buildings destroyed by fire, rebuilding of, § 1595. Directors, contracts for supplies, etc., bids, calling for and action on, § 1583. Directors, contracts for supplies, etc., notice of letting of, § 1583. Directors, contracts for suj)plies, etc., powers and duties concern- ing, § 1583. Directors, contract to erect illuminating apparatus, power of di- rectors as to, § 1590. Directors, contracts to supply gas and water, power as to, § 1590. Directors, duties of enumerated, § 1576. Directors, governor appoints under advice of Senate, § 1573. Directors, may establish office in San Francisco, § 157(5. Directors, number of, § 1573. Directors, power regarding credits of prisoners, § 1588. Directors, power to make allowances to prisoner for meritorious sevice, § 1590. Directors, president of board, clerk to notify of election, § 1574. Directors, president of board, election and duties, § 1574. Directors, purchase of tools, etc., and employment of foreman in manufacture of articles, § 1586. Directors, quorum, three directors constitute, § 1575. Directors, term of office, § 1573. Directors, three to concur in orders, § 1575. Directors to report to governor names of prisoners entitled to pardon, § 1596. Directors, under direction and management of board of, § 1572. Directors, vacancies, governor fills, § 1573. Discharged prisoner coming upon grounds in night, a felony, § 171b, Drafts on controller, how drawn and paid, § 1584. Drugs, liquors, weapons, or explosives, bringing into, a felony, § 171a. Escape. See Escape. Federal prisoners, expense of keeping, § 1601. Federal prisoners, sheriff responsible for, § 1602. Folsom, accounts and finances of, kept separate, § 1572. Folsom, employment of prisoners in construction of roads. Appen- dix, tit. "State Prisons." Folsom, is one of state prisons, § 1572. Folsom, jute manufacture, erection of structures may be com- menced, when, § 1586. Folsom, official staff of, § 1572. Folsom, rock-crushing plant, act relating to. Appendix, tit. "State Prisons." Grand jurors are entitled to access to, § 924. Grand jury to inquire into condition and management of, § 923 INDEX. 1083 PRISON. (Continued.) Hemp, directors authorized to purchase to make into bags. See Appendix, tit. "State Prisons." Importation of convicts, §§ 173, 175. Inhumanity to prisoners, punishment of, § 147. Injuring, etc., jails, puiiisiiment of, § 600. Intoxicants, sale of liquor within nineteen hundred feet of, a mis- demeanor, § 172. Jute and jute goods, directors authorized to insure. Appendix, tit. "State Prisons." Jute, prison directors authorized to fix the price, terms and con- ditions of sale of jute bags. Appendix, tit. "State Prisons." Liquor, sale of, within two miles, § 172. Manufactures at, and sale of articles, authority of directors, § 1586. Moneys collected by wardens, report of and disposition of, §§ 1584, ]5S5. Moneys collected by warden, to be paid into state treasury, §§ 1584, 1585. Moneys collected to be paid to warden, § 1585. Moneys paid by warden to treasury, receipt for, § 1585. Moneys, report by warden as to collections and disposition, §§ 1584, 1585. Moneys, warden alone can receipt for, § 1585. Names of state prisons, § 1572. Office may be established at San Francisco, § 1576. Officer receiving compensation other than that allowed by direc- tors, punishment of, § 1591. Officers, bonds of to be deposited with secretary of state, § 1594. Officers not to be interested in contracts, § 1592. Officers not to make gifts to or receive gifts from convicts, § 1592. Officers, punishment for making or receiving gifts, § 1592. Officer to receive no compensation other than that allowed by di- rectors, § 1591. Eeports, annual, printing and distribution of, § 1593. Keseue of prisoners. See Rescue. Revenues of to be paid to warden, § 1585. Rock-crushing plants at. Appendix, tit. "State Prisons." Rules and regulations, directors may adopt, § 1576. Rules and regulations governing prisoners, to be posted in cells and shops, § 1587. Rules, warden may adopt temporarily until directors meet, § 1576. San Quentiu, accounts and finances of, kept separate, § 1572. San Quentin, employment of prisoners in construction of roads. Appendix, tit. "State Prisons." San Quentin, is one of state prisons, § 1572. San Quentin, no articles to be manufactured at except jute bags, § 1586. San Quentin, official staff of, § 1572. United States prisoners receiving, keeping and disciplining in state prisons, § 1589. Warden alone can receipt for revenue, § 1585. Warden, appointment and term of office, § 1577. Warden, bond and oath of, § 1577. Warden, compensation not to be changed during term of office, § 1582. Warden, compensation of, §§ 1577, 1582. Warden, duties of enumerated, § 1578. 108-4 INDEX. PRISON. (Coiitiiiiird.) Waidoii, j(romi(ls for removal, § 1581. Wardon may adopt rules until directors meet, § ]/)76. Warden, moneys and revenue to be paid to, § 158;"). Wardon, money and valuables of prisoners, amount of and return of, § 1587. Warden, money collected by report of and disposition of, § 1584. Warden, inoncj's collected by to be paid into state treasury, §§ 1584, 1585. Warden, receii)ts for moneys paid by, § 1585. Warden, report by as to moneys collected and disposition of, §§ 1584, 1585. Warden, report of payments of moneys by, §§ 1584, 1585. Warden to make appointments, § 1578. Warden, to reside at prison, § 1578. Warden, vouchers to be kept for moneys expended, § 1584. Weapons, bringing to, or in vicinity of, § 180a. PRISONER. See Convict; Jail; Prison. Asknowledgment, may make, § 675. Allowance to for extra service, power of directors as to, § 1590. Allowances to on discharge, § 1587. Arrest without authority, a misdemeanor, § 146. Assault with deadly weapon by, punishable with death, § 246. Bedding and clothing for, § 1587. Bringing before courts, method of, § 1567. Child under sixteen not to be confined with adult criminal, § 273b. Citizenship, restoration to on expiration of term, power of gov- ernor, § 1579. Civil death of, § 674. See Civil Death. Civil process, on, provision for support of, § 1612. Communicating with, a misdemeanor, § 171. Confinement to be actual, § 1600. Convicts, attempt to extort from a misdemeanor, § 650a. Convicts, exposure of, a misdemeanor, § 650a. Convict, costs of trial of, how paid, § 111. Costs of trial of convicts for crimes committed in prison. Appen- dix, tit. "Costs." Costs of trial of escaped convicts, payment of. Appendix, tit. "Costs." County jail. See Jails. County, returning to proper, § 1606. Court, how brought into, § 1567. Credits, forfeiture and restoration of, § 1588. Credits given to for pe"Tforming labor, § 1614. Credits of for good behavior, § 1588. Credits of for good behavior, schedule of, § 1588. Deposition of, w-hen and how taken, § 1346. Discharged i^risoner going upon grounds of prison or reformatory, a felony, § 171b. Disease or pestilence, removal of in case of, § 1608. Employment of, § 1586. Employment of prisoners in constructing roads. Appendix, tit. "State Prisons." Escape, assisting in, or suffering, punishment of, § 109. Escape, carrying or sending things into prison to aid, § 110. Escape, costs of trial for, how paid, § 111. Escape from state prison, punishment for, § 105. INDEX, 1085 PRISONER. (Convinued.) Escape, officers suffering, punishment or, § 108. Escape, permitting prisoner to go at large, § 1600. Federal, duty of sheriff, §§ 1601, 1602. Federal, expense of keeping in county jail, § 1601. Federal, sheriff, responsible for where kept in county g'ail, § 1602. Federal, sheriff to receive and keep in county jail, § 1601. Federal, to be kept in county jail, when, § 1601. Female, in county jails. See Jails. Fire, removal of in case of, § 1607. Food, clothing and bedding for, compensation of sheriff providing, § 1611. Food, clothing and bedding for, duty of sheriff to provide, § 1611. Grading and classifj'ing, § 1578. Grand jury to inquire into condition of, § 923. Hair, act relating to cutting of, § 1615, note. Hair-cutting, of persons convicted of misdemeanor, § 1615. How brought before courts, § 1567. Immunity from hair-cutting and shaving prior to discharge, § 1587. Infants under probationary treatment, expenses of, § 1388. Infant under sixteen not to be confined with or placed in com- pany of adult, § 273b. Inhumanity to, punishment of, § 147. Injury to, punishment of, § 676. Insanitv, compensation of sheriff for transporting to asylum, § 1587. Insanity of, proceedings iu case of, § 1587. Labor by, rules and regulations for the performance of, § 1614. Labor, credits given to on performance of, § 1614. Labor, prisoner may be required to, § 1613. Letter, writing or reading matter, taking to or from, § 171. Monday, to be discharged on, § 28. Money and valuables, account of and return of on death or dis- charge, § 1587. Money, etc., taken from, §§ 1412, 1413. Officers or emplovees not to make gifts to or receive gifts from, § 1592. Officers or employees, punishment for making gifts to or receiving gifts from, § 1592. Pardon, directors to report to governor names of prisoners en- titled to, § 1596. Parole. See Parole. Pestilence or disease, removal of prisoners in case of, § 1608. Protection of person of convict, § 676. Punishment of, right of, § 1587. Punishment, cruel, forbidden, § 681. Punishment, what methods of forbidden, § 681. Refusing to receive person charged with crime, § 142. Registry of to be kept by warden of state prison, § 1578. Registry of, what to show, § 1578. Release of prisoners whose terms have expired, governor to order, § 1579. Report of names of prisoners whose terms about to expire to gov- ernor, § 1578. Rescue of, punishment of, § 101. Return of where order confining in jail of contiguous county re- voked, § 16U6. 108G INDEX. PRISONER. (CoiifimuMl.) Kules and regulations afTocting to be posted in cells and shops, § 1587. Sale or conveyance, may make, § G7o. Service on, ])apors may be served on jailer or sheriff, § 1609. Service on, slierifT or jailer receiving papers for, duty of ,§ 1609. Sherifl", duty to provide food and clothing and bedding for and compensation for, § 1611. Sheriff to receive persons duly committed, § 1611. Temporary removal of to act as witness, § 1333. Treatment of, rules to be observed, § 1587. Unauthorized communication with, a misdemeanor, § 171. United States prisoners, charge for keeping in state prison, § 1589. United States prisoners, expense of keeping in state prisons, § 1589. Witness, as, deposition of, when and liow taken, § 1346. Witness, competency of as, § 675. Witness, prisoner as, discretion of court as to ordering attend- ance, § 1333. Witness, prisoner as, how brought in and proceedings in, §§ 1333, 1567. PRIVATE PERSON. May arrest, when, § 837. PRIVATE STATUTE. How pleaded, § 963. .Judicial notice of, § 963. PRIVATE WAY. Injury to, malicious punishment of, § 58^. PRIVILEGE OF WITNESS. See Witnesses. PRIVILEGED COMMUNICATIONS. See Libel. Comments of in report of grand jury are not, § 928. Husband and wife, competency of as witnesses, § 1322. PRIZE-FIGHT. Aiding, encouraging or engaging in, punishment of, §412. Are unlawful, § 412. Amateur boxing contests, right to hold and regulations govern- ing, § 412. Amateur boxing contests, cities or towns may prohibit by ordi- nance. § 412. Amateur boxing contest defined, § 412. Amateur boxing contest not to be held on Memorial Day or Sun- day, § 4131/0. Amateur boxing contest, puuishment for holding on Sunday or Memorial Day, § 4131,1'. Betting on a misdemeanor, § 412. Information as to holding, laying before magistrate and duty of magistrate, § 413. Jurisdiction of, § 795. Leaving state to engage in, § 414. Penalty for, § 412. Persons present at, guilty of misdemeanor, § 413. Prohibition against in general, § 412. Spectators at, punishment of, § 413. Sending challenge or acceptance, punishment of § 412. Training or assisting to train fighter, punishment of, § 412. INDEX. 1087 PRIZE-FIGHT. (Continued.) Taking part in in anj- way a misdemeanor, § 412. Witnesses not privileged from testifying, § 414a. Witnesses testifying not to be prosecuted for offense § 414a. PROBABLE CAUSE. For appeal, certificate of, § 1243-1245. PROBATIONARY TREATMENT. Authority to place prisoner on, § 1203, subd. 1. Bond on, § 1203, subd. 1. Conditions of, § 1203, subd. 1. Conditions, of, written statement of to be furnished defendant, § 1203, subd. 9. Discharge of defendant at end of jieriod of probation, § 1203, subd. 4. Discharge of prisoner on probation where conduct justifies it, power of court, § 1203, subd, 4. Dismissal of information or accusation and discharge of defend- ant, effect of, § 1203, subd. 5. Extending time for pronouncing judgment where probation sug- gested, § 1191. Fine and imprisonment, on judgment of, § 1215. Fine, suspension of sentence where judgment is to pay, § 1203, subd. 2. Hearing of motion, § 1203. Inquiry into antecedents, history, environment, etc., of defend- ant, § 1203, subd. 8. Judgment, extending time for pronouncing where probation con- sidered, § 1191. Juvenile court. See Juvenile Court. Juvenile delinf^uents, of, § 1328. Officers, court may call on for services, § 1203, subd. 7. Officer to have powers of peace-officer, § 1203, subd. 10. Officers, who to serve as, under statute providing for probation, § 1203, subd. 6. Placing defendant on, discretion of court, § 1203, subds. 1, 2. Placing defendant on, proceedings, § 1203, subds. 1, 2. Rearrest of defendant, grounds of, § 1203, subd. 3, 1215. Eearrest of defendant, ;]udgment after, § 1203, subds. 3, 1215. Record of case, duty of probation officer to keep and what to show, § 1203, subd. 8. Records of probation officer, books for to be furnished by countv, § 1203, subd. 8. Records of probation officer part of records of case, § 1203, subd. S. Records of probation officer, right to inspect, § 1203, subd. 8. Referring case to probation officer for investigation and report, § 1203. Report of officer, to whom case referred, as to probation, § 1203, subd. 8. Reports, officers, copies to whom furnished, § 1203, subd. 8a. Reports, officers, what to show, § 1203, subd. Sa. Reports, officers, when to make, § 1203, subd. 8a. Reports, officers, with whom filed, § 1203, subd. 8a. Revoking or modifving order of suspension of, §§ 1203, subd. 4, 1215. Suspending sentence and placing defendant on probation, § 1203. Suspending sentence pending investigation by probation officer, § 1203. 1088 INDEX. PROBATIONARY TREATMENT. ((Jont iriiuMl.) yusi)on(ling sentence, authority of court as to, § 1203, sub73. Quarantine. See Quarantine. Kules of board of health to i)revent pollution of water, disobedi- ence, a misdemeanor, § 3771). Spitting is a misdemeanor, § 372a. Water-closet, maintaining on or draining into stream or lake, a misdemeanor, § 374. PUBLIC LANDS. Cutting growing trees upon, § (JU3n. Destruction of forest by fire, prevention of, § 3S4. Entering upon and obtaining settlement, prevention of, punish- ment of, § 420. Passage through or over, obstruction of, punishment of, § 420. PUBLIC LIBRARY. See Library. PUBLIC MEETING. Disturbing, a misdemeanor, §§ 58, 4u3. Police, duty of mayor to order out to preserve i)eace at, § 7?0. Preventing, a misdemeanor, § 58. PUBLIC MONEY. Defined, § 42(3. See Offices and Ofiicers. PUBLIC OFFENSE. . Defined, § 15. See Crime. » PUBLIC OFFICER. See Offices and Officers. PUBLIC PLACE. Malicious or reckless use of explosives at, punishment of, § 601. Procuring or permitting exhibition of females in, forbidden, § 306. PUBLIC RECORDS. See Kecords. PUBLIC WORKS. See Hours of Labor; Theaters. Receiving portion of wages of laborer on public works, a felony, § 633d. Wages, withholding part from laborer or subordinate officer, act relating to, § 653d, note. PUBLISHER. Libel, what is not, § 254. Not liable for false statements in advertisements of real estate, § 654b. PUNISHMENT. See Death; Imprisonment; Judgment; Execution; Sentence. Accessory, § 33. Act not less punishable as crime because a contempt, § 657. Act not less punishable because also punishable under foreign law, § 655. INDEX. 1093 PUNISHMENT. (Continued.) Act punishable by different i)i"o\isions of code, how many be punished, § 654. Act j)unishable by different sections of code, punishment or prose- cution under one is a bar, § 654. Aggravation of, proof of circumstances in, how made, § 1204. Aiding and abetting out of state crime committed in state, liabil- ity, § 27. Attempt to commit crime, how punished, § 664. Attempt to commit crime, punishment where different offense accomplished, § 665. Civil death where one sentenced to life imprisonmcjit, § 673. Civil death. See Civil Death. Civil rights of convict are suspended, § 673. Civil rights suspended during imprisonment, § 673. Civil rights. See Civil Eights. Credits for guod behavior, § 1588. Deodands, abolished, § 677. Determined how, between certain limits, § 13. Duty of court to impose, § 12. Felony, punishment of where not otherwise prescribed, § IS. Fine may be added to imprisonment, where no fine prescribed, § 672. Foreign conviction of former offense, effect of. § 668. Foreign law, where offense punishable under, § 655. Forfeiture abolished, § 677. Forfeiture, conviction not to work, § 677. Gold coin, valuation to be estimated in, § 678. In general, § 654. Juvenile court. See Juvenile Court. Labor, requiring prisoners to. See Prisoners. Legal conviction by court having jurisdiction necessary, § 681. Life imprisonment, discretion as to where no limit fixed, § 671. Misdemeanor, of, where not otherwise prescribed, § 19. Mitigation of, in certain cases, § 658. Mitigation of, proof of matters in, how made, § 1204. Offense for which no penlatv prescribed, punishment of, §§ 176, 177. Particular offense. See particular title. Persons liable to, § 27. Preston school of industry. See Preston .School of Industry. Prisoners, of, § 1587. Probationary treatment, §§ 1203, 1215. Probationary treatment of juvenile delinquents, § 1388. Probationary treatment. See Probationary Treatment. Eescue of prisoner, punishment of, § 101. Second offense, of, §§ 666, 667, 668. Second term of imprisonment, when to commence, § 669. Summary inquiry for mitigation of, § 1204. Temporary release of prisoner, time does not count, § 670. Term of imprisonment, when commence, § 670. Value to be estimated in gold coin in determining offense, § 678. Whittier state school. See Whittier State School. 1094 INDEX. QUAIL. See (iaiiic Laws. QUARANTINE. l'^.\j)()siii<;' [ii'i'soii iiii'('('t('(l witli cnntagiou.s disease, a inisdoiiioanor, § 394. Failure to confoiin to (luaraul ine rules, a niisdeiiipanor, § :'>77a. Masters of vessels not obeying regulations, punishment of, § 376. Neglecting to perform duty under, punishment of, § 37S. Violating health law, punishment of, § 377. Violating health laws by master of shiji, punishment of, § 376. QUESTIONS OF LAW AND FACT. Fact, questions of to be decided by jury, §§ 1126, 1139. Law, exceptions may be taken to decisions on questions of, §§ 1170, 1172, 1173. Law, questions of, to be decided by court, §§ 1124, 1126, 1439. Libel, jury decides both law and fact, § 112.5. QUICKSILVER. Counterfeiting seal or stamp, of seller or manufacturer, a felonj', § 366. Selling debased, a misdemeanor, § 367. Using counterfeited seal or stamp of manufacturer or seller, a felony, § 366. R RABBITS. See Game Laws. RACE. Highway, on, a misdemeanor, § 396. Pool-seliing and bookmaking, prohibition and punishment, § 337a. Streets or highways of unincorporated towns, racing on, punish- ment of, § 415. RAFT. Of wood, boards or lumber, burning, injuring, destroying or set- ting adrift, a misdemeanor, § 608. RAIL. See Game Laws. RAILROAD. See Carrier; Street Railway. Animals, leading, driving or permitting to remain along track, a misdemeanor, § 369e. Animals, may pay for care and feed of and have a lien for when, § 369b. Animals, transportation of, duty to unload, feed and water, § 369b. Bell, crossing highway without ringing or sounding whistle, § 390. Bill of lading. See Bill of Lading. Burning property of, maliciously, § 600. Collision, death from, employee negligently causing, punishment of, § 369. Crossing at private passway and leaving open, a misdemeanor, § 369d. Debt contracted in excess of means valid, § 567. Debt, officer contracting in excess of means, guilty of misde- meanor, §§ 566, 567. Pefacing marks on wrecked property, a misdemeanor. § 355. INDEX. 1095 RAILROAD. (Continued.) Employee becoming intoxicated, punishment of, §§ 369f, 391. Employee causing death through intoxication, guilty of felony, § 369f. Employees, violation of duties of, a misdemeanor, § 393. Explosives, putting on track, guilty of felony, §§ 214, 218. Fare, evading or attempting to evade, a misdemeanor, § 587c. Firing bridges, etc., a felony, § 218. Fish, regulations governing transportation and punishment for violation, § 632a. See Game Laws. Freight-car, meaning of, § 392. Freight-car, placing passenger-cars in front of, a felony, § 392. Game, railroad carrying, when guilty of misdemeanor, § 627a. Game, transportation of, regulations governing and punishment for violating, § 627b. See Game Laws. Game, transporting out of state without permit, a misdemeanor, § 627a. Gates or bars at crossings, leaving open, a misdemeanor, § 369d. Injuries to property, malicious, punishment of, § 587. Interference with, malicious, punishment of, § 587. Interfering with track, etc., a felony, § 218. Intoxicated, employee becoming, a misdemeanor, §§ 369f, 391. Jurisdiction of offense on train. § 783. Live-stock, failure to unload for rest, water and food, a misde- meanor, § 369b. Live-stock, neglect of owner to pay for care and food, right of railroad, § 369b. Manipulating, tampering or interfering with railroad appliances, brakes, etc., § 5S7a. Obstructions, putting on track, punishment of, §§ 218, 587. Overcharges by officers, agents or employees of, punishment of, §525. Passenger-car, placing in front of freight, punishment of, § 392. Police, appointment of to serve on. Appendix, tit. "Police." Eiding or driving vehicle along track or over right of way, a misdemeanor, § 369g. Robbery, boarding train to commit, a felony, § 218. Robbery, interfering with train for purpose of, a felony, § 214. Robbery. See Robbery. Steam-boiler, mismanagement of, punishment of, §§ 349, 368. Ticket, check, etc., altering, forging, etc., punishment, § 481. Ticket, check, etc., restoring, punishment, § 482. Tickets, larceny of, §§ 493, 494. Tickets, value of, §§ 493, 494. Train-wrecking a felony, §§ 214, 218, 219, Train-wrecking, punishment of, § 219. Train-wrecking, what constitutes, §§ 214, 218, 219. Trespassing upon locomotives, tenders, cars or trains, punishment of, § 587b. Value of passage ticket, larceny, § 493. RAPE. See Prostitution. Assault, with intent to, punishment of, § 220. Defendant's capacity, must be proved, when defendant under four- teen, § 262. Defined, §261. Drugs, lay means of, § 261. Essential guilt of, consists in what, § 263. lOOG INDEX. RAPE, (t'onliiuied.) FeiiKile under sixteen, iiiterenurse witli, is, §261. Krauil, intcveoLirse proeured by, punisliincnt of, § 2Gn. Jur^^ may deteniiine ]iunisliiiioiit, of, when, § 2(U. Lunatic, of, § 2()1. Murder in attein|itiii by pawnbroker before time of expires, a misdemeanor, § 341. REFEREE. Bribery of, punishment of, § 92. Contempt before, what constitutes, § 166. Influence, improper attempts to, punishment, § 9.1. Tntimidation of, punishment of, § 95. IMaking promise or agreement to give decision, punishment of, § 96. Misconduct of, punishment of, § 96. Eeceiving bribe, punishment of, § 93. Eeceiving communication other than in regular proceeding, pun- ishment of, § 96. REFERENCE. Bribe, referee asking, receiving or agreeing to receive, punishment of, § 93. REFERENDUM. Misrejiresentation or frauds in connection with, punishment for, § 64b. Misrepresentations or frauds in connection with unlawful, § 64b. Petition containing false signatures not to be filed, § 64b. Petition, signing name more than once, punishment for, § 64b. Petition, signing name more than once unlawful, § 64b. Signing fictitious name or name of another to, a felony, § 472a. Signing fictitious name or name of another to, punishment of, § 472a. REFORMATORY. See House of Correction; Juvenile Court; Proba- tionary Treatment; Preston School of Reform; Whittier State School. Communicating with inmate, a misdemeanor, § 171. Discharged prisoner coming upon grounds in night, a felony, § 171b. Drugs, liquors, weapons or explosives, bringing into, a felony, §171a. Escape from, carrying into things to aid in, punishment of, § 110. Escape from, punishment for assisting in, § 109. Evil-minded person, vagrant, etc., communicating with inmates, a misdemeanor, § 171c. Evil-minded persons, act to prevent coming into or on grounds of, a misdemeanor, § 171c. Expenses of infant delinquent at, § 1388. Intoxicating liquor, selling or giving away of within certain dis- tance of, punishment of, § 172. Letter, writing or reading matter, taking to or from, a mis- demeanor, § 171. Liquor, sale of within two miles of, a misdemeanor, § 172. Prisoners to be discharged on Monday, § 28. Probationary treatment of iuvenile delinquents, § 1388. INDEX. 1099 REFORMATORY. (Continued.) Punishment, cruel, forbidden, § 681. Punishment, what methods of forbidden, § 681. Sending juvenile offenders to, § 1388. Warden of, record of punishments, duty as to, § 1578, subd. 6. Weapons, act to prevent bringing on grounds of, § 171a, note. Weapons, bringing into, punishment of, § 171a. REGISTRATION. See Elections. Deaths, registration of, punishment for violation of statute as to, § 377. Fraudulent, of animals, a misdemeanor, § 537a. REINDEER. See Game Laws. RELIGIOUS MEETING. Camp-meeting. See Camp-meeting. Disturbing, a misdemeanor, § 302. REMEDY. Civil, for criminal acts, preserved by code, § 9. REMITTITUR. Judgment, when and how remitted, § 1264. .Jurisdiction ceases after, § 1265. REMOVAL OF ACTION. See Venue. REMOVAL OF OFFICER. See Impeachment; Offices and Officers. REPEAL. Acts preserved from, by code, § 23. REPORTER. Judicial officer receiving part of salary of, guilty of misde- meanor, § 94. REPRESENTATIONS. False. See Fraud. REPRIEVE. Commutation. See Commutation. Governor cannot grant in what eases, § 1417, 1418. Governor may grant in what cases, § 1417. Governor to communicate facts of to legislature, § 1419. Impeachment, cannot be granted in case of, §§ 1417, 1418. In general, §§ 1417-1422. Pardon. See Pardon. Treason, power of governor as to, §§ 1417, 1418. Treason, power of legislature as to, § 1418. Where prisoner twice convicted of felony, § 1418. REPUTATION. As evidence of character of house of prostitution, § 315. RESCUE. See Escape. Breaking doors or windows to retake prisoner rescued, right of, §855. Insurrection, aiding after declaration of, punishment of, § 411. Of prisoners, punishment of, § 101. Retaking person rescued, §§ 854, 855. IIUU INDEX. RESERVOIR. Malicious injury to, 2)uiiislinient of, §§ 592, (J07. Taking water from or obstructing, a misdemeanor, § 592. RESIDENTS. Clinics committed out of state when jiuiii.slialile in state, § 27. RESISTANCE. Public officer, to, punishment of, §§ 69, 148. Service of process in county in state of insurrection, of, punish- ment for, § 411. To crime, lawful, extent of, §§ 693, 694. To crime, lawful, when and by whom may be made, §§ 692-694. To service of process, overcoming, §§ 723-728, 732. RESOLUTION. See Legislature. RESTRAINING ORDERS. Use of liniitcMl in disputes between master and serxaiit. A|i[icii- dix, tit. "Conspiracy." RESTRAINT. What degree of, allowed before conviction, § 688. What degree of, allowed of party arrested, § 835. RESUBMISSION. After discharge, arrest of judgment on, § 1188, Because facts do not constitute offense, § 1117. Of case after dismissal of indictment, § 942. Of case after indictment set aside, §§ 997-999. When demurrer allowed, §§ 1008-1010. RETAKING. Goods from custody of officer, a misdemeanor, § 102 RETROACTIVE. Code not, § 3. RETURNING. To lands after removal by process, a misdemeanor, § 419. RETURNS. See Elections. False return, perjury whether oath taken or not, § 129. REVENUE. See Ascessor; Tax. Board of examiners neglecting duties concerning, a felony, § 441. Obstructing collection of, a misdemeanor, § 428. Officer connected with, refusing inspection of books, punishment of, § 440. REWARDS, Amount that may be offered, § 1547. Extradition, for, none to be paid, § 1558. For fugitive from justice, power of governor to offer, § 1547. Governor, when may offer for criminal, § 1547. Offenses for which may be offered, § 1547. Officer taking for appointment or deputation, punishment of, § 74. Receiving for arresting fugitive, a misdemeanor, § 144. When payable, § 1547. RING-TAIL CATS. Are predatory aninials. S •'•''"' -j- INDEX. 1101 RIOT. Arrest of rioters not dispevsjiiy, § 727. Commanding assistiinee by officers in ser\ iiig process, § 72;i. Contempt, resisting service of process, § 724. Defined, § 404. Governor may revoke proclamntinn of insurrection, § 733. Homicide in suppressing, justifiable, § 197. Insurrection. See Insurrection. Jurisdiction of justice's courts over, § 1425. Magistrate or officer refusing or neglecting to disperse rioters, guilty of misdemeanor, § 410. Magistrates and officers to command rioters to disperse, § 726. Magistrates or officers to arrest rioters not dispersing, § 726. Military companies, unlawful, § 734. Military, governor to order out to aid in executing process, § 725. Names of persons resisting process, certifying to court, § 724, Punishment of, § 405. Kemaining at after warning to disperse, § 409. Rout. See Eout. Suppress, officer may, to prevent crime, § 697. Unlawful assembly, defined, § 407. RIVER, See Waters. ROAD. See Highway. Maintaining, for remuneration without authority, § 386. Private, injury to or to bridges on, punishment of, § 588, ROAD TAX. See Tax. ROBBERY. Assault with intent to commit, punishment of, § 220. Bringing stolen property within state, liability to punishment, § 27. Defined, § 211. Fear that may be an element in, § 212. .Turisdiction where property brought into county, from another county, § 786. Kidnaping, with view to, punishment of, § 209. Murder in committing, degree of, § 189. Punishment of, § 213. Eailroad or train, interfering with for purpose of robbery, a felony, § 214. Stolen property, bringing into state, §§ 27, 497, 789. Train robbery, a felony, § 214. Train robbery, what constitutes, § 214. ROBINS. See Game Laws. RODEOS. Effect of code on statute regulating, § 23. ROLL. Judgment-roll, what papers constitute, § 1207. ROUT. See Riot. Defined, § 406. Insurrection. See Insurrection. .Jurisdiction of justice's court over, § 1425. Magistrate neglecting or refusing to disperse, a misdemeanor, §410. .1102 INDEX. ROUT. (Coutinucd.) I'luiislinicnt of, § 408. Refusal to {lis[)t'rKe on coiiiiiiajid, a misdemeanor, § 416. Remaining at, after warning to disperse, a misdemeanor, § 409. Unlawful assembly, defined, § 407. Unlawful assembly, ottieer neglecling or refusing to disperse, a misdemeanor, § 410. Unlawful assembly, punishment, § 408. Unlawful assemblage, remaining after warning to disperse, pun- ishment of, § 409. s SACRAMENTO PERCH. See Game Laws. SACRAMENTO RIVER. Limits of tide water in, § 634. SAGE-HEN. See Game I;aws. SAILOR. See Seamen; Shipping; Soldiers and Sailors. SAILOR BOARDING-HOUSE. See San Franoisoo. Violation of provisions of code concerning, in San Francisco, §643. SAILORS' HOME. See Soldiers' Home. Liquors, sale of within one mile and a half of, § 172. SALARY. See Ofiicers; Wages. Receiving part of subordinate's, by judicial oflficer, punishment of, § 94. Retaining part of salary of clerk or deputy, a felony, § 74a. SALES. Adulterated food, misdemeanor, § 382. Coal, misrepresentation in sale or exchange a misdemeanor, § 556. False labels on goods, penalty for affixing, § 349a. False statements as to cjuality of goods, a misdemeanor, § 654a. False weight, giving, a misdemeanor, § 555. Fraud, practicing to affect market price, a misdemeanor, § 395. Fraudulent, by debtor, punishment of, §§ 154, 531. Fraudulent, by married person, a felony, when, § 534. Full weight to be given, § 555. Goods received for transportation or storage, sale of, punish- ment of, §§ 581, 583. Labels, false, on goods sold, penalty for affixing, § 349a. Land, selling twice, punishment of, § 533. Of convict-made goods, a misdemeanor, § 679a. Of goods with counterfeit trade-mark, a misdemeanor, § 351. Penalty for officers purchasing at sale, § 71. Putting in extraneous substance to increase weight a misde- meanor, § 381. Real estate, false statements in advertisements of, a misdemeanor, § 654b. With intent to defraud, punishment of, § 155. SALMON. See Animals; Game Laws. SALOON. See Intoxicating Liquors. Infant under eighteen, permitting to visit, punishment of, § 397h. INDEX. 1103 SALOON. (Coutinued.) Payment of wages to emploj-ec in saloon, a misdemeanor, § 680. Permitting minors to gamble, in, a misdemeanor, § 336. Sending infant under eighteen to, a misdemeanor, § 273f. SALVAGE. Retaining wrecked property after paid, § 514. SAN ANTONIO CREEK. Fish not to be caught by seines, nets or weirs in. Appendix, tit. "Fish." SANDHILL CRANE. See Game Laws. SAN DIEGO. False Bay, act to prevent fishing by means of weirs, dams, nets, traps or seines in. Appendix, tit. "Fish." SAN FRANCISCO. Act relating to Home of Inebriates in, continued in force, § 23. Collecting tolls or wharfage without authority of harbor com- missioners, a misdemeanor, § 642. Goods saved from fire, failure to notify, punishment, § 500. Removing proiiertj- from wharves without authority of harbor commissioners, a misdemeanor, § 642. Sailor boarding-houses or shipping ofiices in, receiving reward other than provided in license issued under provisions regu- lating, a misdemeanor, § 643. Sailor boarding-houses or shipping ofiices in, violation of code provisions relating to, a misdemeanor, § 643. Stenographer in for coroner. Appendix, tit. "Coroners." Unlawful interment, a misdemeanor, § 297. SAN FRANCISCO HARBOR. Police regulations of, violating, § 643. SAN JOAQUIN RIVER. Limits of tide water in, § 6^4. SAN LEANDRO CREEK. Fishing in forbidden. Appendix, tit. "Fish." SAN QUENTIN. See Prison. SANTA BARBARA CHANNEL. Protection of seals and sea-lions in, § 637c. SANTA CATALINA ISLANDS. Fishing near. See Game Laws. SAVINGS BANK. See Bank, SAW-LOG. See Log. SAWS. Driving substances into wood that will injure saws, a felony, § 593a. SCAFFOLDING. « Destroying or removing notice of unsafety, a misdemeanor, § 402c. Inspection of, obstruction of officer, a misdemeanor, § 402e. Unsafe, erection of, a misdemeanor, § 402c. 1104 INDEX. SCALES. Set' Wcij^lits and Measures. SCHOOL DIRECTOR. I'iiMlgc ipf (u- by, puiiisluiit'iit of, §§ oiia, 56. SCHOOL OF INDUSTRY. See Preston SHiool of ludustry. SCHOOL OF REFORM. 800 Wliittior State School. SCHOOLS. Hazing. Sec Hazing. Teacher, abuse of, a misdemeanor, § 653b. Training. See Reformatories. SCRIP. Otiicer dealing in, iiunislunent of, § 71. SCREENS. I'himes, ditches, canals, etc., screens before inlets of, provision relating to, § 629. SEA-GULLS. Protection of in vicinity of Santa Monica, § 599, note. Shooting, trapping or injuring, § 599. SEAL. Forger}^ of, what constitutes, § 472. Habeas corpus, writs, warrants and process on must be sealed, § 1503. How made, § 7. Includes what, § 7. Possession of forged seal when is forgery, § 472. Private, § 7, (Quicksilver, counterfeiting seal or stamp or using counterfeited, a felony, § 366. Scroll of pen, § 7. SEALED LETTER. Opening, reading or publishing, a misdemeanor, § 618. SEA-LIONS. See Game Laws. SEAMEN. See Shipping. Provision as to desertion repealed, § 644. SEA-OTTER. See Game Laws. SEARCH. Of defendant, when ordered, § 1542. SEARCH-WARRANT, Affidavit, to be supported, by, § 1525. Affidavit to inventory, § 1537. Affidavit to support, form of and what to contain, § 1525. Breaking open doors, etc., in serving, § 1531. Breaking open doors to liberate one acting in aid of officer, § 1532. Custody of property taken, § 1536. Defined, § 1523. Depositions of complainant and witnesses to be taken before issuing, § 1526. Depositions to be reduced to writing and subscribed, § 1526. INDEX. 1105 SEARCH-WARRANT. (Continued) Depositions, what to contain, § 1.527. Directed to whom, § 1528. Embezzled ]>roperty, issuing for, § 1524. Evidence, hearing, where grounds for controverted, § 1539. Examination of complainant and witnesses before issuing, §§ 1526, 1527. Form of, §§ 1523, 1528, 1529. Grounds for controverted, proceedings on, § 1539. Grounds for issuing, §§ 1524, 1528. Inventory, affidavit of officer to, § 1537. Inventory, how and in whose presence made, § 1537. Inventory, oath to, form of, § 1537. Inventor^' of property taken, copy of, to whom delivered, § 1538. Inventory of property to be delivered to magistrate, § 1537. Inventory, verification of, § 1537. Issuance, grounds for, §§ 1524, 152S. Issue, when will, §§ 1524, 1528. Issues only on probable cause, §§ 1525, 1540. Maliciously and without probable cause, procuring, a misde- meanor, § 170. Probable cause, necessary to issuance of, §§ 1525, 1540. Probable cause, procuring without, a misdemeanor when, § 170. Proceedings, if grounds for warrant controverted, § 1539. Proceedings if magistrate without power to inquire into offense, § 1541. Property may be taken from what place, § 1524. Property may be taken from whom, § 1524. Property, restored, when, § 1540. Property, taken, how disposed of, § 1536. Eeceipt for property taken, to be given, § 1535. Eeceipt, what to specify, § 1535. Keceipt where left in absence of person, § 1535. Restored, property, when will be, § 1540. Returned, to be forthwith to magistrate, § 1541. Returning of depositions, warrant and inventory, § 1541. Return of warrant and delivery of inventory of property, § 1537. Return, time for, § 1534. Search of defendant, when ordered, § 1542. Service at night may be directed when, § 1533. Service, by whom may be made, § 1530. Service generally to be in daytime, § 1533. Service of, breaking open doors, etc., in liberating one aiding in serving, § 1532. Service of, breaking open doors, etc., in serving, § 1532. Service, time within which to be made, § 1534. Sign, magistrate must, § 1528. Testimony, taking of if grounds of warrant are controverted, § 1539. Testimony to be reduced to writing and authenticated, § 1539. Time for executing and returning, § 1534. Void unless executed within ten days, § 1534. Warrant with depositions, etc., to be returned to court if magis- trate without authority to hear, § 1541. AVhen to issue, §s 1524, 1528. SEA-WALL. Injury to, punishment of, § 607. Pen. Cod.i — 70 HOG INDEX. SECOND CONVICTION. See I'diiult .loopiird}-; Prior Conviction; Socond UlVcn.so. SECOND OFFENSE. Foreign eouvictiou of former offense, effect of, § 668. Previous conviction, finding on, § 1158. Pimisluiiont of, §S (J-J4, 666, 667, 66S, 669. Piinisliinent on cluirge of circulating paper money, § 648. Second term of imprisonment to begin when, § 669. SECOND PROSECUTION. See Former Jeopardy. Prohibited, § 687. SECRET. Threat to expose is extortion, § 519. SECRETARY. Federal executive, offenses against, punishment of. Appendix, tit. "Conspiracy." SECRETARY OF STATE. Copies of act forbidding sale of tobacco to minors under eighteen. to furnish, § 308. Impeachment, liable to, § 737. SECRET SOCIETY. Wearing badge of, a misdemeanor, § 538b. SECTION. Declaring crimes punishable, duty of court, § 12. Meaning of, § 7. SECURITY. Appearance of defendant, for, § 862. Appearance of witness, for, §§ 879-882. Peace, to keep, §§ 701-714. See Peace. SEDUCTION. See Prostitution. Evidence of, § 1108. Promise to marry, under, punishment of, § 268. Prosecutrix must be corroborated, § 1108. Prostitution, for purpose of, punishment of, § 266. Punishment of. Appendix, tit. "Seduction." Subsequent marriage of parties, effect of, § 269. SEINE. See Game Laws. SEIZURE. Without process, a misdemeanor, § 146. SELF-DEFENSE, bare fear not to justify killing, § 198. Homicide in, justifiable, § 197. Lawful resistance to crime, extent of right of, §§ 693, 694. Lawful resistance to crime, who may make, §§ 692, 693. SENATE. See Impeachment. ^ . ks ro rii/ Candidate for, bribing legislator, punishment of, §§ 63, 63 ^A. SENTENCE. See Imprisonment; Judgment; Punishment. Accessory, punishment of, § 33. .^ • v „ Aggravation or mitigation of, presenting matter m, when a contempt, § 166. INDEX. 1107 SENTENCE. (Continued.) Aggravation or mitigation ot, proof of circumstances in, how made, § 1204. Arraignment for, and proceedings on, § 1200. Attempt to commit crime, how punished, § 664. Attempt to commit crime, punishment where different offense accomplished, § 665. Causes which may be shown against, § 1201. Civil death of one sentenced to life imprisonment, § 674. Civil death. See Civil Death. • Civil rights of convict are suspended, § 673. Civil rights. See Civil Eights. Contempt, presenting matter in aggravation or mitigation of, when is, § 166. Contempt, punishment for, as mitigation of sentence, § 658. Credits, forfeiture of, § 1588. Credits for good behavior, § 1588. Credits for good behavior, records of prisoners, § 1588. Credits of prisoner in county jail for good behavior, § 1614. , Death, proceedings where defendant insane, §§ 1221-1224. Death, proceedings where defendant pregnant, §§ 1225, 1226. Defendant in custody, how brought in for, § 1194. Degree of crime, court must determine, on plea of guilty, § 1192. Directors may make rules governing credits for good behavior, § 1592. Duty of court in general, § 12. Execution of. See Execution. Facts concerning prior record of defendant to be inquired into before pronouncing, § 1192a. Felony, punishment of, where not otherwise prescribed, § 18. Fine may be added to imprisonment, where no fine prescribed, §672. Fine. See Fine. Foreign conviction of former offense, effect of, § 668. Gold coin, valuation to be estimated in, § 678. Inquiry into record of defendant and cause of crime and pro- ceedings on. See Judgment. Insanitv of defendant, showing of against and proceedings on, § 1201. Juvenile court. See Juvenile Court. Juvenile offenders. See Juvenile Court. Life, imprisonment for, discretion as to where no limit, § 671. Limits of, § 13. Parole of prisoners. See Parole. Particular offense. See particular title. Presence of defendant, necessity of, § 1193. Preston school of industry. See Preston School of Industry. Probationary treatment, defendant fulfilling conditions permitted to withdraw plea of guilty and enter plea of not guilty, § 1203. Probationary treatment, defendant fulfilling conditions, setting aside verdict and dismissing accusation, § 1203. Probationary treatment, defendant may be placed on probation on plea or verdict of guilty § 1203. Probationary treatment, inquiry into aggravation, or mitigation of punishment, § 1203. Probationary treatment, investigation by probation officer, § 1203. Probationary treatment of juvenile delinquents, § 138,8. 11 OS INDEX. SENTENCE. (Cunt iiiiUMl.) I'rohationary treatincnt on juiljiincnl ot' fine ami i iii|irisoiinii'ii1 , §§ 120:5,' 121.-). I'r()l)ati()iiary treat itu'iit, jiouor nC cdiirt to ri'vuke or inoilil'v onlcr of suspension, S 121)1!. I'roliatioiiary treatment, re\-ocatiiiii of jiroliation and cominitnient to i)rison, § 120:5. Probation, rearrest of dcfenilant and iironuinudiig judgment, §§ 1203, 1215. Probation, revocation, suspension or modification of, §§ 1203, 121.5. Probation, suspension of sentence and placing defendant on, § 1203. Probation, termination of, and discharge of defendant, § 1203. Probation. See Probationary Treatment. Proceedings where defendant under death sentence pregnant, §§122.5, 1226. Punishment between certain limits determined how, § 13. Reformatories. See Reformatories. Second oii'euse, §§ 654, 666, 667, 668, 669. Second term of imprisonment, when to commence, § 69. Temporary release of prisoner, time not to be computed, § 670. Time for pronouncing, extending of, to determine motion for new trial or in arrest, § 1191. Time for pronouncing, extending where probation or insanity of defendant suggested, § 1191. Time for pronouncing judgment, § 1191. Unexecuted judgment of death, carrying into effect, § 1227. Unexecuted sentence of death, order carrying into effect not ap- pealable, § 1227. Whittier state school. See "V^'hittier State School. SEPARATE TEIALS. Where defendants jointly indicted, § 1098. SEPULTURE. See Cemetery. SERVANT. See Employee; Master and Servant. Embezzlement, when guilty of, § 504, 508. Homicide in defending, justifiable, § 197. SERVICE. Articles of impeachment, of, §§ 740, 741. Bench-warrant, of, §§ 936, 983, 1198. Coroner's warrant, of, § 1519. Interrogatories and cross-interrogatories, of, § 1335. Notice of appeal, of, § 1241. Notice of application for bail, of, § 1274. Prisoner, how made on and duty of sheriff on, § 1609. Search-warrant, of, §§ 1530-1532. Subpoena, of, § 1328. Summons on corporations, of, § 1392. Warrant of arrest by telegraph, of, § 850. Warrant of arrest in another county, of, § 820. Writ of habeas corpus, of, § 1478. SERVICES. False pretenses, obtaining by. punishment of, § 532. SERVITUDE. See Involuntary Servitude. Holding one in involuntary, a felony, § 181. 1NI)L..\ 1109 SETTING FIRE. See Fire. SEX PERVERSIONS. Are felonies, § 2SSa. Punishment for, § 2SSa. SHAD. See Game Laws. SHADE-TREES. See Growing Trees. Injuring, § 622. SHARE OF STOCK. See Corporations. SHELLFISH. See Game Laws. SHERIFF. Absence of, commitment may be to peace-officer, § SGIL Answerable for safe-keeping of federal prisoners, § 1602. Arrested person, delay in taking before magistrate, § 145. Commitment to, for examination, form of, § S63. Compensated for transjiorting prisoners to state prison, § loS6. Compensation for transporting insane prisoner to asylum, § 1587. Custody of jury, duty of officer having, §§ 1121, 1128, 1440. Custody of jury, oath of officer having, §§ 1121, 1128, 1440. Death sentence, duty respecting, §§ 1229, 1230. Defendant delivered into custody to be held by, § 1286. Duty of, on receiving copy of judgment of imprisonment, § 1216, Duty, where certificate of probable cause served, §§ 1244, 1245. Escape, suffering convicts to, § 108. Execution of judgment. See Execution. Federal, duty and liability of sheriff as to, §§ 1601, 1602. Fines or forfeitures, failure to pay over, a misdemeanor, § 427. Food, bedding and clothing for prisoners, duty to provide, § 1611. Gaming, duty and liability in regard to, § 335. Grand jury, to summon special, when, § 909. Guard for jail emploj^ed by, expense of a county charge, § 1610. Guard for jail sheriff may employ, when, § 1610. Hair, act relating to cutting of, § 1615, note. Hair-cutting of persons convicted of misdemeanor, § 1615. Jail, to keep, § 1597. Jails. See Jails. Papers for prisoner, duty of sheriff or jailer receiving, § 1609. Papers for prisoner may be served on, § 1609. Peace-officer, sheriff is, § 817. Persons duly committed, to receive, § 1611. Posse comitatus, refusing to join, i^unishment of, § 150. Posse comitatus, supervisors authorized to pay costs and expenses of. Appendix, tit. "Supervisors." Prisoners committed by United States courts, to receive, § 1601. Prisoners, compensation of sheriff for su^jplying food, clothing and bedding for, § 1611. Prisoners, civil, not to receive unless expenses provided, § 1612. Process, may command persons to assist in overcoming resistance to, service of, § 723. Process, power of sheriff in overcoming resistance to service of, § 723. Process, resistance to execution of, officer to certify names of re- sisters to court, § 724. Refusal to receive or arrest [lersnn charged with crime, punish- ment of, § 142. 1110 INDEX. SHERIFF. (;CuiitiniUHl.) Service ou for prisoner, § ]G09. Support of prisoner arrested on civil process, § 1G12. Warrant for execution of dcatli sentence to be delivered to §1217. "Warrant of arrest directed to, § 818. Warrant of arrest may be directed to, §§ 818, 819. SHIPPING. Adrift, sotting vessels, punishment of, § 60S. Ballast, throwing overboard, a misdemeanor, § 61 ?>. Bill of lading. See Bill of Lading. Bill of lading, etc., fraudulent issue of, §§ 577-.580. Boilers, ignorantly or negligently using, punishment of, §§ 348,» 368. Buoy or beacon, mooring vessel to, a misdemeanor, § 614. Appen- dix, tit. "Buoys and Beacons." Buoy or beacon, removing, or injuring, punishment of, § 609. Ap- pendix, tit. "Buoys and Beacons." Buoys and beacons, protection of. Appendix, tit. "Buoys and Beacons." ' Captain mismanaging steaimboat, punishment of, §§ 348, 368. Defacing marks on wrecked property, a misdemeanor, § 355. Definition of vessel, § 7. Desertion of seamen, provision as to repealed, § 644. Destroying or injuring vessel, punishment of, §§ 539, 540. Engines, ignorantlv or negligently using, punishment of, §§ 348, 368. Fraudulent invoice, register, protest, etc., making of, punishment of, § 541. Hatch-tender, duties of, § 368a. Hatch-tender, dutj^ to employ w^hile loading or unloading ships, § 368a. Hatch-tender, failure to employ, punishment of, § 36Sa. Invoice, false, making of, punishment of, § 541. Jurisdiction of offense on vessel, § 783. Manifest, false, making of, punishment of, § 541. Master of vessel violating quarantine rules, punishment of, § 376. Management of steamboat, punishment of, §§ 348, 368. Obstructing navigation or throwing overboard ballast, etc., a mis- demeanor, § 613. Piloting, by unlicensed pilot, a misdemeanor, § 379. Police regulations of San Francisco harbor, violating, a misde- meanor, § 643. Quarantine regulations, violating, punishment of, § 376. Quarantine. See Quarantine. Racing, punishment of, § 348. Sailor Ijoarding-houses. See San Francisco. Seamen, enticing to desert, a misdemeanor, § 644. Signal lights, altering or exhibiting false punishment of, § 610. Signal lights, masking or removing, punishment of, § 610. Steamboat, mismanagement of, punishment of, §§ 348, 368. Vessel, malicious injury to, a misdemeanor, § 608b. Vessel, maliciously setting adrift, a misdemeanor, §§ 60Sa, 608c. Vessel, sinking of, a felony, § 60Sc. Vessel, what includes, § 7. Wharfage, collecting unlawfully, a misdemeanor, § 642. Wrecked propertv, detaining after salvage paid, punishment of, § 544. INDEX. 1111 SHIPPING. (Continued.) Wrecked property, taking or liaviug possession, unlawfully, a mis- demeanor, § 545. Wrecking vessel, or permitting wrecking, punishment of, §§ 539, 540. Wrecks, defacing marks upon, a misdemeanor, § 355. Vl 'recks, destroying or suppressing documents showing ownership, a misdemeanor, § 355. SHOOTING. See Game Laws. Entering inclosure to hunt without permission, a misdemeanor, §602. Tearing down notice prohibiting shooting, a misdemeanor, § 602. SHORE BIRDS. See Game Laws. SHORTHAND REPORTER. See Stenographer. SHORT-NECK CLAMS. See Game Laws. SHREWS. Are predator}' animals, § 637i/l«. SHRIMPS. See Game Laws. SICK JUROR. Proceedings in ease of, §§ 1123, 1139. SIGNAL. In coast survey, injuring, a misdemeanor, § 615. SIGNAL LIGHT. Masking, removing, etc., punishment of, § 610. Willfully exhibiting false, punishment of, § 610. SIGNATURE. Includes mark, § 7. Mark, by, how made, § 7. Obtaining by extortionate means, punishment of, § 522. SIGN-BOARD. Forbidding liunting, tearing down, a misdemeanor, § 602. SINGULAR. Included in plural, § 7. Includes plural, § 7. SISKIYOU COUNTY. Act concerning marks and brands in, continued in force, § 23. Act concerning trout in, continued in force, § 28. SKUNKS. Are predatory animals, § 637^,4. SLAVERY. Bartering in ownership of person, punishment of, § 181. Involuntary servitude, holding one in, punishment of, § 181. Jurisdiction of offense of kidnaping for purposes of, § 784. Kidnaping for purpose of, punishment of, § 207. SLOT MACHINES. Gambling by means of prohibited, § 330a 1112 INDEX SMITHS KIVER. Jiiniits c)f ti(lc-\v;itcr, § GSl. SNIPE. See (I. ■line Laws. SOCIAL ORGANIZATIONS. Members of maj' wear arms, § 73-1. SOCIETIES. See Secret Societies. Wearing badge of, a niisdcineauor, § ;j3Sb. SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS. See ('MU'lty t(i Animals. SOCIETY FOR PREVENTION OF CRUELTY TO CHILDREN. Finos in iiroseciit ions iiist itiitcil by, go to, § 273c. SODOMY. Assault with intent to commit, punisliment of, § 220. Penetration, what sufficient, § 287. Punishment of, § 28G. SOLDIERS AND SAILORS. See Soldiers' Home. Offenses need net be prosecuted by indictment or information, § 082. SOLDIERS' HOME. Intoxicating liquors, license to sell within certain distance of, evidence of guilt, § 172. Intoxicating liquors, selling or giving away within certain dis- tance of, a misdemeanor, § 172. Intoxicating liquors, selling or giving away within certain dis- tance of, punishment, § 172. SONG. Obscene, singing, a misdemeanor, § 311. SONOMA CREEK. Act to prevent destruction of fish in Sonoma Creek continued in force, § 23. SOVEREIGNTY. See Trea^ ^. SPARROWS. Are predatory birds, § 637^^. SPECIAL LAWS. Organization and regulation of police governed by, § 719. SPECIAL PARTNERSHIP. Fraud of special partner is a misdemeanor, § 3oS. SPECIAL PROCEEDING. Affidavits, defective title does not affect. § 1563. Affidavits, title not necessary, § 1.563. Parties to, designated, how, § 1562. Subpoena, power to issue, § 1564. Subpoena, iiunishment for disobedience of, §1561. SPECIAL VERDICT. See Verdict. SPEEDY TRIAL. Right to, § 6S6. INDEX. 1113 SPIKED BUCK. See Game Laws. SPITTING. ^lisdenieauor, spitting i.s, S 372:i. SPOTTED BUCK. See Ciame Laws. SPOT-FIRE CROAKER. See Game Laws. SPOTTED FAWN. See Game Laws. SQUIRREL. See Game Laws. Hunting, § 626g. STABLES. See Livery-stable Keeper. STALLIONS. See Animals. STAMP. False weight, stamping on casks, etc., a misdemeanor, § 554. Quicksilver, counterfeiting or using counterfeited, a felony, § 366. STATE. Abducting person out of state and bringing within is kidnaping, § 207. Acts for funding of state debt continued in force, § 23. Aiding and abetting out of state crime committed in state, liabil- ity, § 27. Bonds, acts for issuing of, continued in force, § 23. Crimes committed out of state, when punishable in, § 27. Destroying and tearing down notices of, punishment of, § 616. Embezzlement out of state, jurisdiction where property brought in, § 789. Fish law, costs of trial of persons violating, to be borne by state. Appendix, tit. "Fish." Gathering pitch from trees on state land, § 603n. Includes what political divisions, § 7. .Turisdiction over crimes. See Jurisdiction. Larceny out of state, jurisdiction where property brought in, § 789. Leaving to evade law against dueling, § 23L Offense committed partly within state, jurisdiction over, § 778a. Person out of state, aiding crime within state, punishment of, § 778b. Prison directors cannot incur debt binding on, § 1585. Property, putting notices, advertisements, etc., on, a misdemeanor, §602. Keceiving stolen goods out of state, jurisdiction where brought in, § 789. Treason. See Treason. STATE ARMS. Having or selling, a misdemeanor, §§ 442, 443. STATE BOARD OF HEALTH. See Public Health. STATE CAPITOL. See Capitol. Liquor, sale of within or within grounds of, § 172. Sale of liquors within building, act relating to, § 172, note. STATE DAIRY BUREAU. See Dairies. 1114 INDEX. STATE ENGINEERING DEPARTMENT. See Highways. STATE FIRE-WARDEN. Sec Fire-warclon. STATE HIGHWAYS. Sec Highways. STATE LABORATORY. For foods, (inigs and liquors, act relating to. Appendix, tit, "Adulteration." STATEMENT. On appeal to superior court, § 1468. On appeal to supreme court. See Appeal. STATE PRINTER. Corrupt collusion of or agreement in regard to supplies, pun- ishment of, § 100. Punishment of, where becomes interested in state printing, §§ 99, 100. Superintendent colluding or having secret agreement as to sup- plies, punishment of, § 100. Superintendent forfeits office for what offense, §§ 98, 100. Superintendent not to be interested in contract, § 99. Superintendent of state printing forfeits office for what offenses, § 98. Superintendent, punishment for being interested in contract, § 99. STATE PRINTING. See State Printer. STATE PRISON. See Prison. Draft upon controller for monej'^s required and payment of, § 1584. Drugs, liquors, weapons or explosives, bringing into a felony, § 171a. Effect of code on statute respecting, § 23. Intoxicating liquors, selling or giving away of within certain distance of, punishment of, § 172. Moneys expended b.y warden, vouchers for, § 1584. Moneys received at San Quentin, disposition of, § 1584. Moneys received at Folsom, disposition of, § 1584. Moneys, report of receipts and expenditures by warden, § 1584. Moneys required by wardens, drafts for, § 1584. San Quentin, moneys collected by warden, report of and payment into treasury, § 1584. Wardens, duties of, enumerated, § 1578. Warden, quarterly report to controller of moneys retained and amounts paid out, § 1584. Wardens to take and file vouchers for moneys expended, § 1584 STATE'S EVIDENCE, §§ 1099-1101. STATE TREASURER. Violation of laws relating to board of examiners by, § 441. STATE VETERINARIAN. Act creating. Appendix, tit. "Animals." STATUTE. See Code; Initiative Legislature; Referendum. Alteration of legislative bill. See Bill; Legislature. Code cited, how, § 24. Code provisions similar to existing statutes, how construed, § 5. Construction. See Construction; Code. INDEX. 1115 STATUTE. (Continued.) Pleading a private statute, § 963. Private, judicial notice of, § 963. "Section," meaning of, § 7. Statutes continued in force, enumeration of, § 23. STATUTE OF LIMITATIONS. See Limitation of Actions. STAY. Appeal as, §§ 1243-1245. Appeal by people, effect of, as, § 1242. Certificate of probable cause, operates as, § 1243. Pending examination on commission, § 1354. Proceedings, stay of, pending return of commission, § 1354. When doubt arises as to sanity of defendant, § 1368. STEAMBOAT. Mismanagement of, punishment of, §§ 348, 368. Police, appointment of to serve on. Appendix, tit. "Police." STEAM-BOILER. Mismanagement of, punishment of, §§ 348, 349, 368. STEAM-ENGINE. Mismanagement of, punishment for, §§ 348, 349, 368. STEELHEAD TROUT. See Game Laws. STENOGRAPHER. Coroner, for. See Coroner. Forfeits office and is disfranchised for what offense, § 98. Judicial officer receiving part of salary, punishment of, § 94. Paying fees to judge, punishment of, § 94. Preliminary examination, shorthand reporter at. See Preliminary Examination. STEVEDORES. See Shipping. STOCK. See Corporation. Fraud to affect price, a misdemeanor, § 395. STOCKHOLDER. See Corporation. STOCK-RAISERS. Act to protect, in certain counties continued in force, § 23. STOLEN GOODS. Eeceiving. See Larceny. STOLEN PROPERTY. See Larceny. How disposed of, § 1536. STREAM. See Waters. STREET. Dead animal, putting or permitting to remain in, a misdemeanor, §374. Injuring trees or plants on a misdemeanor, § 622. Injury to, a misdemeanor, § 602. Obstructing, a public nuisance, § 370. Offal, putting or permitting to remain in, a misdemeanor, § 374. Racing on streets of unincorporated town a misdemeanor, § 415. IIIG INDEX. STREET RAILWAY. ("i)iiij)li;iiico with orders of siniervisors as to brakes and fcixlers siimcicnt, § 3G9a. Intoxication of employees, a misdemeanor, § :'i91. Proper brakes and fenders, to have, § '.'>^^9i\. STRIPED BASS. Sec Game Laws. STURGEON. See Game Laws. SUBORNATION OF PERJURY. See Perjury. Indictment or information for, § 966. SUBPOENA. Blank, duty of clerk to issue, § 1326. Clerk of court may issue, § 1326. Clerk to issue blank subpoenas without charge on application, § 1326. Coroner, bv, § 1512. Defined, § 1326. Deposition, to compel attendance to take, § 1342. Disobeying, a contempt, § 1331. Disobeying, civil liability for, § 1331. District attorney may issue, § 1326. Form of, § 1327. Habeas corpus hearing, issuing on, § 1484. .lustice or police judge may issue, § 1459. Justice or police judge may punish disobedience, § 1459. .Justice's court, in, § 1459. Magistrate may issue, § 1326. Police court, in, § 1459. Preliminary examination, on, § 864. Served, how and by whom, § 1328. Service, return of, § 1328. Special proceedings, in, power to issue, § 1564. Special proceedings, in, j^unishment for disobedience, § 1564. Who may sign and issue, § 1326. Witness disobeying, civil liability of, § 1331. Witness out of county, § 1330. SUBSCRIBING WITNESS. See Witnesses. SUBSCRIPTION. Fraud in subscription to stock, punishment of, § 557. Includes mark, § 7. SUBSTITUTION. Of one infant for another, punishment for, § 157. SUCCESSION. Fraudulent pretenses relative to birtli of infant, punishment of, §156. SUCCESSOR. Kefusal of public officer to surrender records to, punishment of, §76. SUFFRAGE. See Elections. SUICIDE. Aiding or encouraging, a felony, § 401. INDEX. 1117 SUIT. Conspiracy to maintain, ^^unishment of, § 182. Willfully delaying by attorney, a misdemeanor, § 160. SUMXklARY PROCEEDINGS. Eemoval of officers by, § 772. SUMMONS. See Process; Service. Corporation committing offense, summons, service of and pro- ceedings on, § 1427. Corporation committing offense, summons to issue, § 1427. Corporation, to, §§ 1390-1392. See Corporations. Election board, refusal to obey, a misdemeanor, § 44. Form of, §§ 1391, 1427. Of legislature, refusing to obey, § 87. Service of, § 1392. SUNDAY. Amateur boxing contest, holding on Sundav, a misdemeanor, § 41314. Keeping open barber-shop or working as barber after 12 o'clock, §3101^.. SUNFISH. See Game Laws. SUPERINTENDENT. Not to be interested in contracts, § 99. Of state printing forfeits office for what offense, §§ 98, 100. Of state printing, fraud and collusion by, punishment of, § 100. Of state printing, secret agreement or collusion as to supplies, punishment of, § 100. Punishment for being interested in contracts, § 99. SUPERIOR COURT. See Juvenile Court. Ai>peals to, §§ 1466-1470. Indictment, etc., must be filed in, § 890. .Judge of, liable to impeachment, § 737. SUPERIOR COURT JUDGE. Impeachment, liable to, § 737. Inquiry into record of defendant and cause of crime and pro- ceedings on. See Judgment. Is magistrate, § 808. Proceedings on indictment or information against, § 1029. Warrant of arrest by, to whom directed, § 818. SUPERVISORS. Bribery of, punishment of. § 165. Jury-rooms, duty to provide, § 135. Jurv-rooms, proceedings where supervisors neglect to provide, § 1135. Pledge of or by, punishment of, §§ 55a, 50. Posse comitatus, authorized to pay expenses of. S,ee Appendix, tit. "Supervisors." President, consent to employment of child as musician, § 272. Prisoners, may require to labor, § 1614. Prisons, rules and regulations for the performance of labor bv, § 1614. Receiving bribe, punishment of, § 165. Sparring exhibitions, may permit, §412. Voting for ordinance permitting gambling, punishment of, § 337. 1118 INDEX. SUPPORT. See llu.sl):niil and Wife; I'arent aii. INDEX. 1127 UNIVERSITY OF CALIFORNIA Davis, University farm at, license for sale of liquor vvitliin certain distance of guilt, § 172. Intoxicating liquors, selling or giving away of within certain distance of, punishment of, § 172. Intoxicating liquors, license for sale of within certain distance of evidence of guilt, § 172. UNLAWFUL ASSEMBLY. See Eout. USURPATION. Of public office, a misdemeanor, § 75. USURY. By paM-nbrokers, a misdemeanor, § 340. VAGRANT. Coming into reformatory or upon adjacent grounds, a misde- meanor, when, § 171c. Communicating with paroled pupil or inmate of reforznatorj", a misdemeanor, when, § 171c. Punishment of vagrancy, § 647. Who is a, § 647. VALUE. Estimated in gold coin in determining oflfense, § 678. Passage tickets of, on charge of larceny, § 493. Practicing fraud to affect market value, a misdemeanor, § 395. Written instruments, of, in larceny, §§ 492, 494. VARIANCE. Acquittal on ground of, effect of, § 1021. Detaining defendant after acquittal on ground of, § 1165. Verdict, form of when defendant acquitted on ground of, §1151. VARNISHES. Act to prevent adulteration of. Appendix, tit. "Adulteration," VEHICLE. Temporarily taking without consent, punishment of, § 499b. VENDOR AND VENDEE. False statements in advertisements of real estate a misdemeanor, § 654b. Married persons selling lands under false representations, a felony, §534. Sale of land twice, a felony, § 533. VENUE. Authority of court to which action removed, § 1038. Change of, application for, how made, § 1034. Change of, application for, proceedings on, § 1034. Change of, granted when, § 1035. Change of, grounds for, § 1033. Change of, application, hearing had in absence of defendant when, § 1034. Change of, application, hearing of and affidavits, § 1034. Change of, in justice's court. See Justice's and Police Court. 1128 INDEX. VENUE. (Continued.) Cliaiigc of in police court. See Police Court. Chanjre of, order for, to he entered ujjon minutes, § 103G. Change of, order to direct removal of defendant if he is in cus- tody, § 1037. Change of, proceedings to obtain, § 1034. Change of, transmitting certified copies of proceedings and papers to new court,.§ 1030. Change of, transmitting original papers on application, § 1038. Impartial trial, change for, § 1033. Information for offense triable in another county, proceedings, §827. Justice or jjolice court, change of venue in, §§ 1431, 1432. Popular prejudice, hearing, when to be in absence of defendant, § 1034. Proceedings on change of, §§ 1036, 1037, 1038, 1432. Eemoval of action, order for, entry of, § 1036. Kemoval of action, proceedings on, if defendant in custody, § 1037. Kemoval of action, transmitting original papers on application, § 1038. Eemoval of, proceedings in court to which ease removed, § 1038. Removal, transmission of certified copy of proceedings and papers, § 1036. When granted in justice's or police courts, § 1431. When granted, papers to be transmitted, § 1432. When offense is commenced out of state, § 778. VERDICT. Acquittal, defendant discharged, when and when not, §§ 1165, 1447. Agreement of jury, proceedings on return, § 1147. Appearance of defendant on rendition of, necessity of, § 1148. As to some defendants, and retrial as to others, § 1160. Attempt, jury may find one guilty of on prosecution for crime, § 1159. Chance, new trial for, § 1181. Complete, when, § 1164. Conviction may be had on any offense charged in indictment or information, § 954. Conviction, necessary to, § 689. Conviction, proceedings on, §§ 1166, 1445. Coroner's, § 1514. Court, jury may decide in or retire, § 1128. Declaring, § 1149. Degree of crime, jury to find, § 1157. Detaining defendant after acquittal, § 1165. Discharge of defendant after acquittal, § 1165. Former conviction or acquittal, verdict on, § 1151. Forms of verdicts on various pleas or issues, §§ 1151, 1158. General, form of on various pleas or issues, §§ 1151, 1158. General or special, may be except in libel, § 1150. General or special, reconsideration where verdict is neither, § 1161. Informal, judgment of acquittal may be given on, § 1162. Informal, judgment of guilty cannot be given on, § 1162. Insane, proceedings where defendant found, § 1370. Insanity, acquittal on grounds of, proceedings after, § 1167. Insanity, form of verdict of acquittal on ground of, § 1151. Joint defendants, verdict as to some, new trial as to others, §§ 1160, 1442. INDEX. 1129 VERDICT. (Contiiinecl.) Joiut trial, verdict as to some defendants and retrial as to others, § 1160. Judgment of conviction, when only can be given on verdict, § 1162. Justice's court, in, §§ 1441-1443. Justice's court, in. See Justice's and Police Court. Liaw or evidence, contrary to, new trial for, § llSl. Lesser offense, may convict of, or of attempt, § 1159. Libel, special verdict cannot be found in, § 1150. Manner of taking verdict, § 1149. Police court, in. See Police Court. Polling jury, and proceedings on, § 1163. Prevented, trial of cause again, § 1141. Previous conviction, form of verdict on, § 1158. Previous conviction, jury to find on, § 1158. Proceedings, if any juror disag;-ees, §§ 1163, 1164. Proceedings on taking verdict, § 1149. Proceedings where all jurors do not appear, § 1147. Proceedings where defendant convicted, §§ 1166, 1445. Proceedings where jury have agreed, §§ 1147, 1164. Promise to give a, punishment in case of, § 96. Eeadiug to jurj- and asking if it is their verdict, § 1164. Reconsideration cannot be ordered in case of acquittal, § 1161. Reconsideration of, may be ordered, in case of conviction, § 1161. Reconsideration where verdict is neither general nor special, §1161. Recording, § 1164. Retirement, for deliberation, § 1128. Return of jury, proceedings on, § 1147. Special, defective, etc., new trial ordered, § 1156. Special, defined, § 1152. Special, essentials of, § 1152. Special, form of, § 1154. Special, judgment on, how given, § 1155. Special, of guiltj^, proceedings on, § 1166. Special or general, may be except in libel, § 1150. Special, reduction to writing, entry, reading of and agreement upon necessary, § 1153. Special, rendered, how, § 1153. Taken how, § 1149. To state offense where several offenses charged, § 954. Variance, form of verdict of acquittal on ground of, § 1151. VERIFICATION. False personation in making, punishment of, § 529. Inventory of property taken under search-warrant, of, § 1537. Return on habeas corpus, of, §§ 1480, 1482. VESSEL. See Shipping. Includes what, § 7. Jurisdiction of offense committed on, § 783. Maliciously injuring or setting adrift, punishment of, §§ 608a, 608b, "608c! Mismanagement of, punishment of, §§ 348, 368. Signal lights, altering or exhibiting false, punishment of, § 610. Signal lights, masking or removing, punishment of, § 610. Sinking of maliciously, a felony, § 608c. Throwing ballast overboard from, a misdemeanor, § 613. Using for lottery purposes, a misdemeanor, § 326. 1 130 INDEX. VETERANS. See Soldiers' llonif; Youiitville. Intoxicating liquor, selling or giving away of near, punishnieut of,§ 172. l^ulawfully wearing badge of Grand Army, punishment of. Ap- pendix, tit. "Grand Army." VETERANS' HOME. 8oe Soldiers' Home. VETERINARIAN. State, act creating. Appendix, tit. "Animals. VICE-PRESIDENT. Offenses against. Appendix, tit. "Conspiracy." VIEW OF PREMISES. How conducted, § 1119. Proceedings, when ordered, § 1119. When ordered, § 1119. VITRIOL. Throwing on person, punishment of, § 244. VOTERS AND VOTING. See Elections. VOUCHER. Duplicate to be marked, § 580. Fraudulent issue, §§ 577-580. Presenting fraudulent to public officer, a felony, § 72. VULGAR LANGUAGE, Use of, punishment of, § 415. w WAGER. See Gambling. Elections, on, § 60. WAGES. See Salary. Saloon, payment in, a misdemeanor, § 680. WAIVER. Defects in indictment or information, what waived by failure to demur, § 1185. Jurisdiction, objection of want of not waived, § 1012. Jury, manner of, § 1042. Jury, right to waive, § 1042. Jury, waived, how^, in justice's or police court, § 1435. Objection that facts stated in indictment or information are not an offense, not waived, § 1012. Objections to indictment or information, waiver by failure to move to set aside, § 996. WAR. See Insurrection. Courts-martial, authority of, code preserves, § 11. WARD. See Guardian and Ward. WARDENS. See Prisons; Keformatories; State Prisons. WAREHOUSEMAN. Pledge by, punishment for, §§ 581, 583. Sale or hypothecation by, punishment for, §§ 581, 583. INDEX, 1131 WAREHOUSE RECEIPT. Dujilicate, failure to stamp, punisbment of, § 580. Erroneous, issued in good faith, § 579. Fictitious, punishment for issuing, § 578. WARRANT OF ARREST. See Arrest. Arrest in another county, taking before magistrate of county for bail, § 823. Arrest made with, force, right to use, § 843. Arrest made with, warrant to be shown, § 842. Arrest may be made without, where persons fighting animals, § 597d. Arrest, when must issue, § 813. Arrest with, duty of officer. §§ 829, 848. Arrest without, duty of person making, §§ 847, 849. Arrest without, officer, when may make, § 836. Bail, taking of, certifying on warrant, § 823. Bail. See Bail. Bench, clerk when and how may issue, § 934. Bench, form of, § 935. Bench, how served, § 936. Bench, issuance of where defendant on arraignment ordered into custody, § 986. Bench, may be served in any county, § 936. Bench-warrant. See Bench-warrant. Commitment for examination made by indorsement on, § 863. Contents of, § 815. Coroner, issuance of by. See Coroner. Coroner's, form oi, § 1518. Coroner's, service of, § 1519. Coroner's, when to issue, § 1517. Corporation, need not issue for offense by, § 1427. County, city or town where issued to be stated in, § 815. Cruelty to animals or birds, issuance on complaint of, § 599a. Defective warrant, habeas corpus proceedings on. See Habeas Corpus. Defendant to be taken before magistrate without delay, § 825. Defendant to be taken before nearest magistrate, § 828. Defendant to be taken before what magistrate, §§ 821, 822, 827. 828. Defined, § 814. Deposition of prosecutor and witnesses on information of offense, §809. Depositions of prosecutor and witnesses to be taken and sub- scribed, § 811. Depositions, what to contain, § 812. Directed to and' executed by peace-officer, § 816. Directed to whom on issuance by other than supreme or superior judge, § 819. Directed to whom on issuance by supreme or superior judge, § 818. Discharge of defendant not arrested on warrant from proper county, § 1116. Duty of officer executing, § 828. Examination of complainant and witnesses on information of of- fense, § 811. Executed, how, in another county, § 819. Forgerv of state or county, § 470. Form o"f, §§ 814, 1427. 1132 INDEX. WARRANT OF ARREST. (Coutinuod.) I'ligitive Iroiii justico, for, § I5i[). Habeas corpw.s, warrant, issuanco instead of ^ writ. See Habeas Corpus. Indorsement on for service in anotiier county, §§ 819, S2U. Indorsement on, for service in another county, certificate to, § 820. Indorsement on for service in another county, liability of magis- trate, § 82U. Issued ou ap2>licatiou for writ of habeas corpus, § 1497. Issued, when, §§ 813, 1427. Justice of the peace may issue, § 1427. Magistrate indorsing for service in another county, liability of, §820. Magistrate, taking defendant before. See Arrest; Magistrate. Must be shown, when, § 842. Must issue, when commission of offense feared, § 703. Must issue, when offense has been committed, § 813. Must require taking before nearest magistrate when offense triable elsewhere, § 827. Must specify what, § 815. Name, designation of defendant where name unknown, § 815. Name or description of defendant, § 815. Offense triable in another county, proceedings, § 827. Peace-officers, who are, § 817. Police judge may issue, § 1427. Proceedings where defendant arrested out of county admitted to bail, § 823. Proceedings, when defendant taken before magistrate other than the one issuing, § 826. Proceedings, when magistrate issuing cannot act, § 824. Procuring maliciously, a misdemeanor, § 170. Eeturn of to clerk, after preliminary examination, § 883. Search-warrant. See Search-warrant. Service by telegraph, §§ 850, 851. Showing on making arrest, § 842. Signature to, § 815. Statement of offense, § 815. Time of issuance to be stated in, § 815. To be delivered to magistrate with return, §§ 824, 827, 828. To be directed to and executed by peace-officer, § 816. To whom directed, §§ 816, 818, 819. Unnecessary to arrest of persons present where animals or birds fighting, § 597d. Violation of law as to animals or birds, issuance on complaint of, § 599a. When and how executed in another county, § 819. When to issue, § 1427. Who may issue, § 1427. WARRANT, SEARCH. See Search-warrant. WATER. Animals, corralling over or near, a misdemeanor, when, § 374. Artesian wells, act preventing waste, and flow of water from. Ap- pendix, tit. "Artesian Wells." Artesian wells. See Artesian Wells. Bathing in, a misdemeanor, when, § 374. Befouling, a misdemeanor, § 3741A. Canals. See Canal. INDEX. 1133 WATER. (Coutiuued.) Coal-tar, depositing in, a misdemeanor, § 374i/^. . Commissioners, acts creating or regulating boards of, continued in force, § 23. Dead animal, putting in, a misdemeanor, § 374. Drawing after works closed, a misdemeanor, § G25. Drawing off from a canal, ditch, etc., a misdemeanor, when, § 592. Flume. See Flume. Fishways over dams or artificial obstructions of, § G37. Garbage, rubbish, etc., depositing in navigable streams, § 374a. Humboldt Bay, depositing sawdust, slabs, refuse, etc., in, a mis- demeanor, § 612. Ice, disobedience of rules of board of health to prevent pollution of, a misdemeanor, § 377c. Injuries to waterworks, a misdemeanor, § 607. Malicious injury to works, a misdemeanor, §§ 592, 607, 624. Obstructing, by throwing overboard ballast, etc., a misdemeanor, §613. Obstructing navigable stream, a misdemeanor, § 611. Obstructions to navigation, placing in any port, harbor or cove, a misdemeanor, § 613. Offal, putting in, a misdemeanor, § 374. Pipes, injuring, or obstructing, a misdemeanor, § 624. Plowing or loosening soil of watercourse between certain seasons, a misdemeanor, § 607. Poisoning, punishment of, § 347. Pollution of, a misdemeanor, § 374. Pollution of by carcasses or offal, a misdemeanor, § 374. Pollution of by coal tar, petroleum and similar substances, § 3741/^. Pollution of by drainage, a misdemeanor, § 374. Pollution of by live-stock, a misdemeanor, § 374. Pollution of, failure to obey rules of board of health to prevent, a misdemeanor, § 377b. Pollution of, punishment of, § 635. Reservoir. See Reservoir. Screens over inlets of canals, ditches, flumes, etc., provision re- lating to, § 629. Stealing, a misdemeanor, §§ 499, 592. Subterranean, regulating use of and preventing waste of. Appen- dix, tit. "Artesian Wells." Taking water from canal, flume, etc., punishment of, § 592. Throwing overboard ballast or obstructing navigation, a misde- meanor, § 613. Toilet, maintaining on or draining into, a misdemeanor, § 374. Works, injury to, a misdemeanor, §§ 592, 607, 624. WATEE COMMISSIONERS. Effect of code on statute creating, § 23. WATER COMPANY. Drawing water after works closed, a misdemeanor, § 625. Injuring works, a misdemeanor, §§ 592, 607, 624. WATER FOUL. See Game Laws. WATER-PIPES. Injuring or obstructing, a misdemeanor, § 624. WAYS. See Highways. Private, injury to or to bridges on, punishment of, § 588. 1134 INDEX. WEAPON. Ancsti'il |j('isoii, iiiiiy be t;il<(Mi I'loni, § 84(). Arresteil porsoii, takon i'roiii, to l)o delivered to magistrate, § 846. Assault with deadly, puiiisliiiient of, S 245. Assault with deadly weapon by prisoner, punishment of, § 24(5. Bringing into jail, prison or reformatory, a felony, § 171a. Deadly, exhibiting in rude, etc., manner, a misdemeanor, § 417. Deadly, pos-session of, with intent to assault, a misdemeanor, § 467. Deadly, using unlawfully, a misdemeanor, § 417. Indian, sale to, a misdemeanor, § 398. State arms, having or selling, a misdemeanor, § 442. WEASELS. Are predatory animals, § 637^;. WEIGHTS AND MEASURES. Coal, false weights in sale or exchange of. Sec Coal. False, defined, § 552. False, using a misdemeanor, §§ 553, 555. Putting extraneous substances in goods sold to increase weight, jiunishment of, § 381. Sales by avoirdupois weight, full weight to be given, § 555. Sales by ton, full weight of two thousand pounds to be given, § 555. Sales, failure to give full weight, a misdemeanor, § 555. Stamping false weights or measure or tare, a misdemeanor, § 554. WELLS. Eegulating use and preventing waste of subterranean water. Ap- pendix, tit. "Artesian Wells." WHARFAGE. Collecting unlawfully in San Francisco, a misdemeanor, § 642. WHARVES. See San Francisco. WHISKERS. Wearing false, a misdemeanor, § 185. WHISTLE. Engineer crossing highway without sounding, a misdemeanor, § 390. WHITE-FISH. Seo Game Laws. WHITING, CALIFORNIA. See Game Laws. WHITTIER STATE SCHOOL. Commitments to. Appendix, tit. "School of Reform." Commitments to by juvenile court. Appendix, tit. "Juvenile Court." Establishment^ maintenance and government of. Appendix, tit. "School of Eeform." Evil-minded persons prevented from coming on grounds of , § 171c. Judge, powers of. Appendix, tit. "School of Eeform." Maintenance of inmates and liability for. Appendix, tit. "School of Reform." Procedure on commitments to. Appendix, tit. "School of- Eeform." WHOOPING CRANE. See Game Laws. WIFE. See Husband and Wife. INDEX. 1135 WILDCATS. Aro predator}' uninials, § ();>7'/:;. WILL. Forgery of, § 470. Includes codicil, § 7. WILLFXJL. Willful injuries. See Malicious Mischief. WILLFULLY. Meaning of, defined, § 7. WILSON SNIPE. See Game Laws. WINE. Act to establish uniform nomenclature for pure wines. Appendix, tit. "Adulteration." Acts to prevent deception in manufacture and sale of. Appendix, tit. "Adulteration." Fraud in manufacture and sale of prohibited. Appendix, tit. "Adulteration." Sophistication and adulteration of prohibited. Appendix, tit. "Adulteration." WITNESS. See Deposition; Evidence. Absenting himself, receiving bribe for, guilty of felony, § 138. Appear, undertaking to, forfeiture of for failure to appear, § 1332. Attendance of witness residing or served out of county, § 1330. Bribery of, a felony, § 137. Bribe, witness receiving, for testimony to be given, guilty of felony, § 138. Bribe, witness receiving to absent himself, guilty of felony, § 138. Codefendant discharged that he may be, §§ 1099-1101. Commitment on refusal to give security for appearance, § 881. Compelling attendance from out of county, § 1330. Competency of, rules for determining, § 1321. Concealing evidence, a misdemeanor, § 135. Conditional examination, affidavit, application is made on, § 1337. Conditional examination, affidavit for, what to state, § 1337. Conditional examination, allowed, § 133.5. Conditional examination, application for, how made, § 1337. Conditional examination, application, notice of, § 133S. Conditional examination, application, to whom made, § 1338. Conditional examination, attendance of witnesses enforceable by subpoena, § 1342. Conditional examination, defendant has right to be present with counsel, § 1340. Conditional examination, defendant if in custody to be taken to place of hearing, § l340. Conditional examination, deposition, objections to, § 1345. Conditional examination, deposition of prisoner, where and how taken, § 1346. Conditional examination, deposition, reading of, what objections may be taken, § 1345. Conditional examination, deposition to be sealed and transmitted to clerk, § 1344. Conditional examination, deposition, when maj' be read in evi- dence, § 1345. 1136 INDEX. WITNESS. (CoiitiiiiK'd.) ('(Jiiditioiial oxiimiiiatiun, if I'iiets diwinoved cxaiiiiiiaf ion not to i-ontiuiie, § i;541. Coiulitional oxaiiiinatioii, in absence ui' district attorney, § i;il(). Couditional examination may be liad, in what cases, § ]'.i'.U). Conditional examination not to proceed if application made to avoid examination at trial, § 1341. Conditional examination, not to proceed if witness not sick or in- firm or not about to leave state, § l.'{41. Conditional examination, order, when granted, § 1339. Conditional examination, order, what to direct, § 1339. Conditional examination, read in evidence, deposition may be, when, § 1345. Conditional examination, reading deposition in evidence, what objections may be urged, § 1345. Conditional examination, testimony, how taken, and authenticated, § 1343. Confronted with, defendant to be, § GSG. Confronting with not necessary, when, § GSG. Contempt by disobeying subpoena, § 1331. Contempt by, refusal to answer or be sworn, § 166. Convict as, § G75. Convict under life sentence competent, § 675. Coroner's inquest, at, §§ 1512-1515. Coroner's inquest, at. See Coroner. County, attendance of witness residing or served out of county, § 1330. County expenses of witness from out of county, § 1329. Deceiving, a misdemeanor, § 133. Defendant as, § G88. Defendant as, cross-examination, what proper, § 1323. Defendant as, neglect or refusal to testify not to prejudice, § 1323. Defendant cannot be compelled to testify against himself, §§ G88, 1323. Defendant discharged that he may be, §§ 1099-1101. Defendant entitled to produce, § G86. Defendant need not be confronted with when, § 686. Defendant to be confronted with, § 686. Deposition. See Depositions. Destroying evidence, a misdemeanor, § 135. Discharge of defendant that he may be a witness, §§ 1099-1101. Dissuading to attend, a misdemeanor, § 136. Dueling, testimony of witness not to be used against him, § 232. Dueling, witness has no privilege in prosecution for, § 232. Election cases, no prosecution of witness because of testimony, §64. Election cases, privilege of witness in, § 64. Exclusion of on preliminary examination, § 867. Expenses of poor or out of county, payment of, § 1329. Expert testimony on trial for forging, § 1107. False evidence, offering, a felony, § 132. False evidence, preparing, a felony, § 134. Forfeiture of undertaking to appear for non-appearance, § 1332. Gambling, no privilege of witness at prosecution for, § 334. Gambling, no prosecution against witness for testimony, § 334. Gambling, witness neglecting or refusing to attend trial, a misde- meanor, § 333. Grand juror, as, challenge to, § 896. INDEX. 1137 WITNESS. (Continued.) Grand juror, impeachment of witness by testimony of, § 926. Habeas corpus, at hearing, §§ 14S4, 1489. Husband and wife, incompetent, when, § 1322. Husband or wife, competency of as witnesses in criminal actions, § 1322. Impeachment of, by testimony of grand juror, § 926. Imprisoned in another county, deposition of, § 1346. Imprisoned, ordering temporary removal of and proceedings on, § 1333. Indictment, names of witnesses to be inserted in, § 943. Infant, security for appearance, § 880. Influencing, unlawfully, a felony, §§ 137, 138. Juror as, § 1120. Juror challenged, may be examined as, § 1081. Legislature, before, refusal to be sworn or to give evidence, § 87. Legislature, witness, refusal of, to attend before, § 87. Married woman, security for appearance, § 880. No privilege of in prosecution for lobbying, § 89. Oath of, before grand jury, foreman may administer, § 918. Officer, in proceedings to remove, § 768. Out of county, compelling attendance, § 1330. Perjury. See Perjury. Preliminary examination, at, §§ 865-867. Preliminary examination, undertaking to appear at, §§ 878-882. Preventing attendance of, a misdemeanor, § 136. Prisoner as, discretion of court as to ordering attendance, § 1333. Prisoner as, proceedings in obtaining attendance, § 1333. Prisoner as, how brought into court, §§ 1333, 1567. Prisoner as, temporary removal of and proceedings on, §§ 1333, 1567. Prisoner, as witness, deposition of when and how taken, § 1346. Privileged communications. See Privileged Communications. Privilege of, objection to testifying by witness, what sufficient, § 1324. Privilege of, testimony given by witness may be used against him if privilege not claimed, § 1324. Privilege of, testimony given by witness not to be used against him except for perjury on criminal prosecution, § 1324. Privilege of, witness deemed to have claimed privilege unless code section read to him, § 1324. Privilege of, witness not excused from testifying because party to crime, § 1324. Privilege of, witnesses at prize-fight testifying not to be prose- cuted for offense, § 414a. Privilege of, witnesses at prize-fight not privileged from testify- ing, § 414a. Privilege, has none, on charge of dueling, § 232. Privilege, none, in election cases, § 64. Privilege of on charge of obtaining money to influence legislator, §89. Eefusal to answer or be sworn, a contempt, § 166. Eefusing to attend at trial for gambling, a misdemeanor, § 333. Separation of witnesses on preliminary examination, § 867. Special proceedings, at, § 1564. Subpoena, clerk to issue blank, on application, without charge, § 1326. Pen. Code — 72 1138 INDEX. WITNESS. (Coiitiiiuod.) Subpoena, ('oroiiL>r may issue, § 1512. Sub[)oona, defined, § l.'!26. Subi)oena, disobeying, civil liability for, §1331. Subpoena, disobeying is contempt, § 13.31. Subpoena, district attorney may issue, § 1326. Subpoena, form of, § 1327. Subpoena, justice or police .iudge may issue, § 14.j9. Subpoena, justice or police .iudge may punish disobedience, § 14oP. Subpoena, magistrate may issue, § 1326. Subpoena, served how and by whom, § 1328. Subpoena, service, return of, § 1328. Subpoena to, out of county, § 1330. Subpoena, who may sign and issue, § 1326. Subpoenas, clerk of court may issue, § 1326. Subpoenas in justice's or police court, § 1459. Subpoenas, in special proceedings, power to issue, § 1564. Subpoenas, in special proceedings, punishment for disobedience, § 1564. Testimony of may be read against him on prosecution for perjury, §14. Treason, to, § 1103. Undertaking for appearance of, requiring, §§ 878, 882. Undertaking to appear, examination conditionally of witness un- able to give, § 881. Undertaking to appear, forfeited by non-appearance, § 1332. Undertaing to appear, refusing to give, commitment, § 881. Undertaking, refusing to appear to give, commitment, § 881. Who may be, § 1321. Wife may testify where husband places her in house of prostitu- tion or consents or connives, § 266g. WOLVERINES. Are predatory animals, § 6371/^. WOOD. See Fires; Logs; Timber. Carrying away, a misdemeanor, § 602. Defacing marks or putting false marks on, a misdemeanor, § 356. Setting fire to, punishment of, § 384. WOOD DUCKS. See Game Laws. WORDS AND PHRASES. See Definitions. Affirmation, oath includes, § 7. Affirmation, testify includes, § 7. Animals, § 599b. Animals, predatory, § GSl'^/y. Authority, joint, § 7. Bribe, § 7. Building, § 448. City and county included in county, § 7. Codicil, will includes, § 7. _ Construction, rules governing, § 7. Construction of words used in indictment or information, § 957. Construed according to context and approved usage of language. Corporation included in word person, S 7. Corruptly, § 7. Counterfeited trade-mark. § 352. INDEX. 1139 WORDS AND PHRASES. (Continued.) County includes city and county, § 7. Credit, § 476a. Cruelty, § 599b. Daytime, § 7. Dealers, whoesale, § 630a. Declaration, oath includes, § 7. Depose includes what, § 7. District of Columbia included in state, § 7. Drugs, § 383. Feminine included in masculine, § 7. Fish, § 628f. Food, § 383. Forged trade-mark, § 352. Freight-car, § 392. Future, words in present tense include, § 7. Inhabited building, § 449. Joint authority, words giving, § 7. Knowingly, § 7. Magistrate, § 7. Malice, § 7. Maliciously, § 7. Mark included in signature or subscription, § 7. Masculine, words in include feminine and neuter, § 7, Month, § 7. Neglect, § 7. Negligence, § 7. Negligent, § 7. Negligently, § 7. Neuter included in masculine, § 7. Night-time, §§ 7, 450, 463. Oath includes affirmation of declaration, § 7. Oath, testify includes, § 7. Owner, § 599b. Peace-officer, § 7. Peculiar meaning, words of, § 7. Person, § 599b. Person includes corporation, §§ 7, 599b. Personal property, § 7. Personal property included in property, § 7. Plural included in singular, § 7. Plural includes singular, § 7. Predatory animals, § 6371/4. Present tense, words in include future, § 7. Printing included in writing, § 7. Process, § 7. Property, includes realty and personalty, § 7. Public moneys, § 426. Eeal property, § 7. Real property included in property, § 7. Seal, § 7. Section, § 7. Signature, includes mark, § 7. Singular included in plural, § 7. Singular includes plural, § 7. State, what includes, § 7. Subscription, includes mark, § 7. Technical words and phrases, § 7. 114U INDEX. WORDS AND PHRASES. (('..ntimi.Mi.) Tci'ritorios included iu state, § 7. Testify iiudiulcs what, § 7. Torment, § 599b. Torture, § 599Ij. Typewriting, writing includos, § 7. United States, wiiat includes, § 7. Vessels, § 7. W'holesale dealers, § 630a. Will, includes codicil, § 7. Willfully, § 7. Writ, § 7. Writing includos printing and typewriting, § 7. WORKS OF ART, ETC. Injuring, a misdemeanor, §§ (522, 623. WRECK. See Shipping. Defacing marks upon wrecked property, a misdemeanor, § 355. Detaining wrecked property after salvage paid, punishment of, § 544. Possession of wrecked property, a misdemeanor, § 543. Taking wrecked property, a misdemeanor, § 545. Train-wrecking, a felony, §218. Vessel, punishment for wrecking, §§ 539, 540. Wrecks, destroying or suppressing document showing ownership, a misdemeanor, § 355. WRIT. Defined, § 7. Habeas corpus. See Habeas Corpus. WRITING. Includes printing and typewriting, § 7. Obscene, §§ 311-314. WRIT OF ASSISTANCE. Returning after to take possession, a misdemeanor, § 419. WRITTEN INSTRUMENT. Destroying, or injuring, punishment of, § 617. Larceny of, §§ 492, 494. Value of, on charge of larceny, §§ 492, 494. Y YELLOW-FIN. See Game Laws. YELLOWI.EGS. See Game Laws. YOUNTVILLE. Sale of intoxicating liquors within certain distance of Soldiers' Home at, possession of license for evidence of guilt, § 172. Sale or giving away of liquor, within certain distance of Soldiers' Home at, a misdemeanor, § 172. Sale or giving away of liquor within certain distance of Soldiers' Home at, punishment of, § 172. SCEOOL OF LAV/ LIBRARY tJNIVEIlSITY OF CALIFORNIA LOS ANGELES UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 891 782 5