Drnia al 1 CALIF^ORNlA Stt^te Library. — >*■ Accession JVo... JL3(>20d.. / Call Jfo. THE PENAL CODE OF CALIFORNIA. ENACTED IN 1872; AS AMENDED UP TO AND INCLUDING 1905, "WITH STATUTORY HISTORY AND CITATION DIGEST UP TO AND IN- CLUDING VOLUME 147, CALIFORNIA REPORTS. ...STATE... EDITED BY [ES H. DEERING, Of the San Francisco Bar. STATUTORY HISTORY AND CITATION DIGEST BY WALTER S. BRANN, Of the San Francisco Bar. CONSOLIDATED AND EDITED TO INCLUDE EXTRA SESSION OF 1906, BY R. M. SIMS, Of the San Francisco Bar. SAN FRANCISCO: BANCROFT- WHITNEY COMPANY, Law Publishers and Law Booksellers. 1906. G s Copyright, 1903. BAXCROFT-WHITNEY COMPANY. Copyright, 1906. BAXCROFT-WHITXEY COMPANY. SAN FRANCISCO: THE FILMER BROTHERS ELECTROTYPE Typographers and Stereotypera, 1906. 136206 ANALYSIS OF THE CONTENTS. PRELIMINARY PROVISIONS, §§ 1-24. PART I. OF CRIMES AND PUNISHMENTS, §§ 26-680. PART II. OF CRIMINAL PROCEDURE, §§ 681-1570. PART III. OF THE STATE PRISON AND COUNTY JAILS, §§ 1573-1614. ADDENDA. SELECTIONS FROM CODE OF CIVIL PROCEDURE. GENERAL LAWS AS TO CRIMES. INDEX. (3) SUMMARY OF CONTENTS. 10!) IVZ 2;0a (New) 2;0b (New) 273 Repealed S'ISf (New) •i'tHg (New) Heib (New) :{72a (New) 374 384 384 a Repealed 3841) Repealed 384 c 442 ',2 (New) 47Ca (New) 487 4nfi 506 .j2() 5'JO Repealed Penal Code - :^fii\i<^ r^ / j 07 580a (New) 5yT;i (New) 597b (New) twice 587c (New) 597d 59"i- (New) 599 Repealed 599f (New) 608 608a (New) 608b (New) 608c (New) 626 626a 626d 626f 626ff 626i 626j 627 b 028 628a 628b 632 632 '/z (New) 632b (New) 634 637 a 637b 645 810 Repealed (New) 1239 1322 1467 1475 1520 (New) 1572 -| to and I ,„ including r(New. 1596 J J^orgmg, stealing, muLiiaiiug, auu itusnofius juuit^icn and public records and documents, chapter IV, §§ 113-117. Perjury and subornation of perjury, chapter V, §§ 118- 129. Falsifying evidence, chapter VI, §§ 13P-138. Other offenses against public justice, chapter VII, §§ 142-181. • Conspiracy, chapter VIII, §§ 182-185. Crimes against the Person, Title VIII, §§ 187-259. Homicide, chapter I, §§ 187-199. Mayhem, chapter II, §§ 203, 204. Kidnaping, chapter III, §§ 207-209. Robbery, chapter IV, §§ 211-214. Attempts to kill, chapter V, §§ 216, 219. (5) 6 SUMMARY OF CONTENTS. Assaults with intent to commit felony, other than as- saults with intent to murder, chapter VI, §§ 220-222. Duels and challenges, chapter VTI, §§ 225-232. False imprisonment, chapter VIII, §§ 236, 237. Assault and battery, chapter IX, §§ 240-246. Libel, chapter X, §§ 248-259. Crimes against Public Decency and Good Morals, Title IX, §§ 261-367. Rape, abduction, carnal abuse of children, and seduc- tion, chapter I, §§ 261-269b. Abandonment and neglect of children, chapter II, , §§ 270, 273e. Abortions, chapter III, §§ 274, 275. Child-stealing, chapter IV, § 278. Bigamy, incest, and the crime against nature, chapter V, §§ 281-288. Violating sepulture and the remains of the dead, chap- ter VI, §§ 290-297. Crimes against religion and conscience, and other offenses against good morals, chapter VII, §§ 299- 3101/2. Indecent exposure, obscene exhibitions, books, and prints, and bawdy and other disorderly houses, chapter VIII, §§ 311-318. Lotteries, chapter IX, §§ 319-326. Gaming, chapter X, §§ 330-337. Pawnbrokers, chapter XI, §§ 338-344. Other Injuries to persons, chapter XII, §§ 346-367a. Crimes against Public Health, Title X, §§ 368-402a. Crimes against Public Peace, Title XI, §§ 403-421. Crimes against the Revenue and Property of This State, Title XII, §§ 424-443. Crimes against Property, Title XIII, §§ 447-593. Arson, chapter I, §§ 447-455. Burglary and housebreaking, chapter II, §§ 459-463. Having possession of burglarious instruments, and deadly weapons, chapter Li, §§ 466, 467. SUMMARY OF CONTENTS. 7 Forgery and counterfeiting, chapter IV, §§ 470-482. Larceny, chapter V, §§ 484-5021/^. Embezzlement, chapter VI, §§ 503-514. Extortion, chapter VII, §§ 518-526. False personation and cheats, chapter VIII, §§ 528- 538b. Fraudulently fitting out and destroying vessels, chap- ter IX, §§ 539-5431/2. Fraudulently keeping possession of v/recked property, chapter X, §§ 544, 545. Fraudulent destruction of property Insured, chapter XI, §§ 548, 549. False weights and measures, chapter XII, §§ 552-555. Fraudulent insolvencies by corporations, and other frauds in their management, chapter XIII, §§ 557- 572. Fraudulent issue of documents of title to mechandise, chapter XIV, §§ 577-583. Malicious injuries to railroad bridges, highways, bridges, and telegraphs, chapter XV, §§ 587-593a. Malicious IVIischief, Title XIV. §§ 594-625a. IVIiscellaneous Crimes, Title XV, §§ 626-654. Violation of the laws for the preservation of game and fish, chapter I, §§ 626-637a. Of other and miscellaneous offenses, chapter II, §§ 638- 654a. General Provisions, Title XVI, §§ 654-680. PAET II. CRIMINAL PROCEDURE. §§ 681-1570. PRELIMINARY PROVISIONS, §§ 681-689. Prevention of Public Offenses, Title I, §§ 692-734. Of lawful resistance, chapter I, §§ 692-694. Of the intervention of the ofiicers of justice, chapter II, §§ 697, 698. Security to keep the peace, chapter III, §§ 701-714. t SUMMARY OF CONTENTS. Police in cities and towns, and their attendance at ex- posed places, chapter IV, §§ 719, 720. Suppression of riots, chapter V, §§ 723-734. Proceedings for the Removal of Public Officers, Title II, §§ 737-772. Of impeachments, chapter I, §§ 737-753. Of the removal of civil officers otherwise than by im- peachment, chapter II, §§ 758-772. Proceedings from Indictment to Commitment, Title III, §§ 777-883. Of the local jurisdiction of public offenses, chapter I, §§ 777-795. Of the time of commencing criminal actions, chapter II, §§ 799-803. The information, chapter III, §§ 806-809. The warrant of arrest, chapter IV, §§ 811-829. Arrest, by whom and how made, chapter V, §§ 834-851. Retaking, after an escape or rescue, chapter VI, §§ 854, 855. Examination of the case, and discharge of defendant, or holding him to answer, chapter VII, §§ 858-883. Proceedings after Commitment and before Indictment, Ti- tle IV, §§ 888-937. Preliminary provisions, chapter I, §§ 888-890. Formation of the grand jury, chapter II, §§ 894-910. Powers and duties of a grand jury, chapter III, §§ 915- 929. Presentment and proceedings thereon, chapter IV, §§ 931-937. The Indictment, Title V, §§ 940-972. Finding and presentment of the indictment, chapter I, §§ 940-945. Rules of pleading and form of the indictment, chapter II, §§ 948-972. Pleadings and Proceedings after Indictment and before the Commencement of the Trial, Title VI, §§ 976-1052. Of the arraignment of the defendant, chapter I, §§ 976- 990. SUMMARY OF CONTENTS. » Setting aside the indictment, chapter II, §§ 995-999. Demurrer, chapter III, §§ 1002-1012. Plea, chapter IV, §§ 1016-1025. Transmission of certain indictments, chapter V, §§ 1028-1030. Removal of the action before trial, chapter VI, §§ 1033- 1038. Mode of trial, chapter VII, §§ 1041-1043. Formation of the trial lury, and the calendar of issues for trial, chapter VIII, §§ 1046-1049. Postponement of the trial, chapter IX, § 1052. Proceedings after the Commencement of the Trial and be- fore Judgment, Title VII, §§ 1055-1188. Challenging the jury, chapter I, §§ 1055-1089. The trial, chapter II, §§ 1093-1131. ■ Conduct of the jury after cause is submitted to them, chapter III, §§ 1135-1143. The verdict, chapter IV, §§ 1147-1167. Bills of exception, chapter V, §§ 1170-1177. New trials, chapter VI, §§ 1179-1182. Arrest of judgment, chapter VII, §§ 1185-1188. Judgment and Execution, Title VIII, §§ 1191-1230. The judgment, chapter I, §§ 1191-1207. The execution, chapter II, §§ 1213-1230. Appeals to the Supreme Court, Title IX, §§ 1235-1265. Appeals, when allowed, and how taken, and the effect thereof, chapter I, §§ 1235-1246. Dismissing an appeal for irregularity, chapter II, §§ 1248, 1249. Argument of the appeal, chapter III, §§ 1252-1255. Judgment upon appeal, chapter IV, §§ 1258-1265. Miscellaneous Proceedings, Title X, §§ 1268-1423. Bail, chapter I, §§ 1268-1317. Who may be witnesses in criminal actions, chapter II, §§ 1321-1323. Compelling the attendance of witnesses, chapter III, §§ 1326-1333. 10 SUMMARY OF CONTENTS. Examination of witnesses conditionally, chapter IV, §§ 1335-1346. Examination of witnesses on commission, chapter V, §§ 1349-1362. Inquiry into the insanity of the defendant before trial or after conviction, chapter VI, §§ 136.7-1373. Compromising certain public offenses by leave of the court, chapter VII, §§ 1377-1379. Dismissal of the action, before or after indictment, for want of prosecution or otherwise, chapter VIII, §§ 1382-1389. Proceedings against corporations, chapter IX, §§ 1390- 1397. Entitling affidavits, chapter X, § 1401. Errors and mistakes in pleadings and other proceed- ings, chapter XI, § 1404. Disposal of property stolen or embezzled, chapter -XII, §§ 1407-1413. Reprieves, commutations, and pardons, chapter XIII, §§ 1417-1423. Proceedings in Justices' and Police Courts and Appeals, Title XI, §§ 1425-1470. Proceedings in justices' and police courts, chapter I, §§ 1426-1461. Appeals, chapter II, §§ 1466-1470. Special Proceedings of a Criminal Nature, Title XII, §§ 1473-1564. Of the writ of habeas corpus, chapter I, §§ 1473-1505. Of coroners' inquests and duties of coroners, chapter II, §§ 1510-1519. Of search warrants, chapter III, §§ 1523-1542. Proceedings against fugitives from justice, chapter IV, §§ 1547-1558. Miscellaneous, provisions respecting special proceed- ings of a criminal nature, chapter V, §§ 1562-1564. Imprisoned Persons Brought into Court, Title XIII, § 1567. Disposition of Fines and Forfeitures, Title XIV, § 1570. SUMMART OF CONTENTS. U % PART III. STATE PRISON AND COUNTY JAILS, §§ 1573-1614. Of the State Prison, Title I, §§ 1573-1595. Of the state prison, chapter I, §§ 1573-1588. Of the discharge of prisoners before the expiration of their term of service,' chapter II, §§ 1590-1595. Of County Jails, Title II, §§ 1597-1G15. c ' CONSTITUTIONAL PROVISIONS. 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, pos- sessing, and protecting property; and pursuing and ob- taining safety and happiness. Art. I, § 4. . . . No person shall be rendered incom- petent 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. See Const. U. S., art. I, sec. 9, subd. 2. Art. I, § 6. All persons shall be bailable by sufficient sureties, unless for capital offenses when the proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed; 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 consent of both parties, expressed in open court. Art. I, § 8. Offenses heretofore required to be prose- cuted by indictment, shall be prosecuted by information, after examination and commitment by a magistrate, or by indictment, with or without such examination and com- mitment, as may be prescribed by law. A grand jury shall (13) Art. 1 CONSTITUTIONAL PROVISIONS. 14 be drawn and summoned at least once a year in each county. Art. I, § 9. . . . In all criminal prosecutions for libel, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libel- ous is true and was published with good motives and for justifiable ends, the party shall be acquitted; 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 news- papers 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 what- ever, the party accused shall have the right to a speedy and public trial; to have the process of the court to com- pel the attendance 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 ease to be a witness against himself; nor be deprived of life, liberty, or property with- out 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 that 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 impairing the obligations of contracts, shall ever be passed. Art. I, § 20. Treason against the state shall consist only in levying war against it, adhering to its enemies or giv- ing 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. 15 CONSTITUTIONAL, PROVISIONS. Arts. 2-5 Art. II, § 1. . . . No person convicted of any infa- mous crime, and no person hereafter convicted of the em- bezzlement or misappropriation of public money, . . . shall ever exercise the privilege of an elector in this state. Art. IV, § 17. The assembly shall have the sole power of impeachment, and all impeachments shall be tried by the senate. When sitting for that purpose, the senators shall be on oath or affirmation, and no person shall be con- victed without the concurrence of two-thirds of the mem- bers elected. Art. IV, § 18. The governor, lieutenant-governor, sec- retary 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 cases shall extend only to removal from office, and disqualification to hold any office 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 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 defalcation 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 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. Art. VI, § 1. The judicial power of the state shall be vested in the senate, sitting as a court of impeachment, in a supreme court, superior courts, justices of the peace, and such inferior courts as the legislature may establish in any incorporated city or town, or city and county. Art. VI, § 4. The supreme court shall have appellate jurisdiction ... in all criminal cases prosecuted by Arts. 6-20 CONSTITUTIONAL PROVISIONS. 16 indietment or information, in a court of record, on ques- tions of law alone. . . . Each of the justices shall uave power to issue writs of habeas corpus to any part of the state, upon petition by or on behalf of any person held in actual custody, and may make such writs returnable be- fore himself, or the supreme court, or before any superior court in the state, or before any judge thereof. Art. VI, § 5. The superior courts shall have original jurisdiction ... in all criminal cases amounting to felony, and cases of misdemeanor not otherwise provided for. . . . They shall have appellate jurisdiction in such eases arising in justices' and other inferior courts in their respective counties, as may be prescribed by law. . . . Said courts, and their judges, shall have power to issue writs of . . . habeas corpus, on petition by, or on behalf of any person in actual custody, in their respective counties. Art. VI, § 19. Judges shall not charge juries with respect to matters of fact, but may state the testimony and de- clare the law. Art. XII, § 19. No railroad or other transportation com- pany shall grant free passes or passes or tickets at a dis- count to any person holding any office of honor, trust, or profit in this state; and the acceptance 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 adoption 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 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 under this constitution. Art. XX, § 10. Every person shall be disqualified from holding any office of profit in this state who shall have 17 CONSTITUTIONAL, PROVISIONS. Art. xx been convicted of having given or offered a bribe to pro- cure his election or appointment. Art. XX, § 11. Laws shall be made to exclude from of- fice, serving on juries, and from the right of suffrage, per- sons convicted of bribery, perjury, forgery, malfeasance in office or other high crimes. The privilege of free suffrage shall be supported by laws regulating elections and pro- hibiting under adequate penalties all undue influence thereon from power, bribery, tumult or other improper practice. Pen. Code— 2 CORRESPONDING SECTIONS OF THE CRIMINAL PRACTICE ACT AND PENAL CODE. Crim.Prao.Act Pen. Code Crim.Prac.Act Pen. Code § 6 § 681 § 31 § 712 § 7 § 682 § 32 § 713 § 8 § 683 § 33 § 714 § 9 § 684 § 34 § 719 § 10 § 685 § 35 § 720 § 11 § 686 § 36 § 723 § 12 ■ § 687 . § 37 § 724 § 13 § 688 § 39 § 725 § 14 § 689 § 40 § 726 § 15 § 692 § 41 § 727 § 16 § 693 § 42 § 727 § 17 § 694 § 46 § 728 § 18 § 697 § 47 § 729 § 19 § 698 § 48 § 732 § 20 § 701 § 49 § 733 § 21 § 702 § 51 ,737 § 22 § 703 § 52 § 738 § 23 § 704 § 53 § 739 § 24 § 705 § 54 § 740 § 25 § 706 § 55 § 741 § 26 § 707 § 56 § 742 § 27 § 708 § 57 § 743 § 28 § 709 § 58 § 744 § 29 S 710 § 59 § 744 § 30 § 711 § 60 § 745 (19) 20 CORRESPOXDIN'G SECTIONS. Crim.rrac.A«t Peii.Cude § 62 § 746 § 63 § 747 § C4 § 748 § 65 § 749 § 60 § 750 § 67 § 751 § 68 § 752 § 69 § 753 § 70 § 758 § 71 § 759 § 72 § 760 § 73 § 761 § 74 § 762 § 75 § 763 § 76 § 764 § 77 § 765 § 78 § 766 § 79 § 767 § 80 § 768 § 81 § 769 § 82 § 770 § S3 § 771 § 84 § 777 § 85 § 778 § SO § 779 § 87 § 781 § 88 § 782 § 89 § 783 § 90 § 784 § 91 § 785 § 92 § 786 § S3 § 791 § 94 § 793 § 95 .■ § 794 § 90 § 799 § 97 § 800 § 98 § SUl Crim.Prao.Act § 99 ... § 100 ... § 101 ... § 102 ... Pen. Code . . § 802 . . § 803 .. § 806 . . § 807 § 103 § 803 § 104 §811 § 105 § 812 § 106 § 8l5 § 107 Ml4 § 108 § 815 §109 § 816 §110 § 817 § 111 s 818 § 112 .., § 819 §113 § 820 § 114 § 821 §115 § 822 §116 § 823 §117 § 824 §118 § 824 §119 § 825 §120 ,. § 826 §121 § 827 §122 § 828 § 123 § 829 §144 § 854 § 145 § 855 §146 § 858 §147 § 859 §148 § 860 §149 § 861 § 150 § 862 §151 § 863 §152 § 864 §153 § 865 § 159 § 866 §100 § 867 CORRESPONDING SECTIONS. 21 Crim.Pr'Sk Aet Pen.Co'le § IGl §868 § 162 § SG9 § 16%., § 871 § 10-f .■ § 872 §105 § 873 § 16G § 874 § 167 § 875 § IGS § 870 § 169 § 877 § 170 § 878 § 171 § 879 § 172 § 880 § 173 :.. § 881 § 174 § 882 § 175 § 882 5 176 § 883 § 177 § 8SS 8 178 § 889 § 179 § 890 § ISO § 893 § 181 § 894 § 182 .....§ 895 § 183 § 896 § 184 § 897 § 185 § 898. § 186 § 899 § 187 § 900 § 188 § 900 § 189 § 901 § 190 § 902 § 191 § 903 I 192 § 904 § 193 § 905 § 194 § 906 § 19-5 § 906 § 196 § 907 § 197 § 908 Crim.Prao.Act § 19s ... § 190 . . . § 205 . . . § 20G ... § 207 . . . § 208 . . . . § 209 ... § 210 ... Pen. Code . . § 909 . . § 910 . . § 915 .. § 917 . . § 916 . . § 918 . . § 919 .. § 919 § 211 § 920 § 212 § 921 § 213 § 922 § 214 § 923 § 215 § 924 § 216 § 925 §217 § 926 § 218 § 926 §219 § 927 § 220 § 931 §221 § 932 §224 § 933 §225 § 934 §226 § 935 §227 § 936 §228 '. .. § 937 § 229 § 940 § 230 § 941 §231 § 942' §232 § 943 §232 § 944 §234 § 945 §235 § 948 §236 § 949 §237 § 950 § 238 § 951 § 239 § 952 § 240 § 953 § 241 § 954 "s: 22 CORRESPONDING SECTIONS. Crim.Prac.Act Pen. Code § 242 § 955 § 243 § 956 § 244 § 957 § 245 § 958 § 246 § 959 § 247 § 960 § 248 § 961 § 249 § 962 § 250 § 963 § 251 § 964 § 252 § 965 § 253 § 966 § 254 § 970 §-255 § 971 § 256 § ^72 § 258 § 976 § 259 § 977 § 260 § 978 § 261 § 979 § 262 § 980 § 263 .§981 § 264 § 982 § 265 § 982 § 266 § 982 § 267 § 983 § 268 § 984 § 269 § 985 § 270 § 986 § 271 § 987 § 272 § 988 § 273 § 989 § 274 § 989 § 275 § 989 § 276- § 990 § 277 § 990 § 278 § 995 § 279 § 995- Crim.Prac.Act Pen.Codt § 280 § 996 § 281 § 997 § 282 ^. § 997 § 283 § 997 § 284 § 998 § 285 § 998 § 286 § 999 § 287 § 1002 § 288 § 1003 § 289 § 1004 § 290 § 1005 § 291 § 1006 § 292 § loor § 293 § 1008 § 294 § 1009 § 295 § 1010 § 296 § 1011 § 297 § 1012 -§298 § 1016 § 299 § 1017 § 300 § 1017 § 301 g 1018 § 302 § 1018 § 303 § 1019 § 304 § 1020 § 305 § 1021 § bvJ6 §'1023 § 307 § 1023 § 308 § 1024 § 309 § 1028 § 310 § 1029 § 312 § 1033 § 313 § 1034 § 314 § 1035 § 315 § 1036 § 316 § 1037 § 317 § 1038 CORRESPONDING SECTIONS. 2? Crira.Prac.Act Pen. Code § 318 § 1041 . §-319 § 1042 § 320 § 1043 § 321 § 1046 § 322 § 1047 § 323 § 1048 § 324 § 1049 § 325 § 1052 § 326 § 1055 § 327 § 1056 § 328 § 1057 § 329 § 1058 § 330 § 1059 § 331 § 1060 § 332 § 1061 § 333 § 1061 § 334 § 1062 § 335 § 1063 § 336 § 1063 § 337 § 1064 § 338 § 1065 § 339 § 1066 § 340 § 1067 § 341 .' § 1068 § 342 § 1069 § 343 §"1070 § 344 § 1071 § 345 § 1072 § 346 § 1073 § 347 § 1074 J 348 § 1075 § 349 § 1076 § 350 § U>77 § 351 § 1078 § 352 § 1079 § 353 § lOSO 5 354 '. . § lOSl Crim.Prac.Act Pen. Code § 355 § 1082 § 356 , § 1083 § 357 § 1084 § 358 § 1085 § 359 § 1086 § 360 § 1087 § 361 § 1088 § 362 § 1093 § 363 .'. § 1094 § 364 § 1095 § 365 § 1096 § 366 § 1097 § 367 § 1098 § 368 § 1099 § 369 § 1100 § 370 § 1101 § 371 § 1103 § 372 § 1103 § 373 § 1104 § 376 § 1110 § 375 § 1111 § 379 § 1112 § 380 § 1112 § 381 § 1113 § 382 § 1114 § 383 § 1115 § 384 § 1115 § 385 § 1116 § 386 § 1116 § 387 § 1117 § 388 § 1117 § 3S9 § 1118 § 390 § 1119 § 392 § 1120 § 393 § 1121 § 394 § 1122 § 395 § 1123 24 CORRESPONDING cJiSCTIONS. Crim.Prac.Act Pen. Code § 396 § 1124 • § 397 § 1125 § 398 § 1126 § 399 § 1127 § 400 § 1127 § 401 § 1127 § 402 § 1128 § 403 § 1129 § 404 .' § 1135 § 405 § 1136 § .406 § 1137 § 407 § 1137 § 408 § 1138 § 409 § 1139 § 410 § 1140 § 411 § 1141 § 412 § 1142 § 413 § 1143 § 414 § 1147 § 415 § 1148 § 416 § 1149 § 417 § 1150 § 418 § 1151 § 419 § 1152 § 420 § 1153 §421 § 1154 § 422 § 1155 § 423 § 1156 § 424 ■§ 1159 § 425 § IIGO § 426 § 1161 § 427 § 1161 § 428 § 1162 § 429 § 1163 § 430 § 1164 § 431 § 1165 § 432 § 1166 Crim.Prac.Act Pen.Codt § 433 § 1170 § 434 § 1171 § 436 § 1175 § 437 § 1175 § 438 § 1176 § 439 § 1179 § 440 § 1181 § 441 § 1182 § 442 § 1185 § 444 § 1185 § 443 § 1186 § 445 § 1187 § 446 § 1188 § 447 § 1191 § 448 § 1191 § 449 § 1193 § 450 s 1194 § 451 § 1195 § 452 § 1196 § 453 § 1197 § 454 § 1198 § 455 § 1199 § 456 § 1200 § 457 '. § 1201 § 458 § 1202 § 459 § 1205 § 460 § 1203 § 461 § 1207 § 462 § 1208 § 463 § 1213 § 464 § 1214 § 465 § 1215 § 466 § 1217 § 467 § 1218 § 468 § 1219 § 469 § 1220 § 470 § 1221 CORRESPONDING SECTIONS. 2a Crim.Prac.Act Pen. Code § 471 § 1222 .§472 § 1223 § 473 § 1224 § 474 § 1224 § 475 § 1225 § 476 § 1226 §■477 § 1226 § 478 § 1227 § 479 § 1227 § -480 § 1228 § 481 § 1235 § 482 § 1235 § 483 § 1236 § 485 § 1239 § 486 § 1240 § 487 § 1240 § 488 § 1240 § 489 § 1241 § 490 § 1242 § 491 § 1243 § 492 § 1246 § 493 § 1248 § 494 § 1249 § 495 § 1252 § 496 § 1253 § 497 § 1254 § 498 § 1255 § 499 § 1258 § 4S4 § 1259 § 500 § 1260 § 501 § 1261' § 502 § 1202, § 503 § 1263 § 504 § 1264 § 506 § 1265 § 507 Si 1268 ;§ 508 § 12C0 Crim.Prac.Act Pen.Cod* § 510 ......... § 1270 § 509 .....'.... § 1271 § 512 § 1272 § 513 § 1273 § 514 § 1273 § 511 § 1274 § 515 § 1277 § 516 § 1278 § 517 § 1279 § 518 § 1280 § 519 § 1280 § 520 § 1284 § 521 § 1285 § 522 § 1286 § 523 § 1287 § 524 § 1288 § 525 § 1291 § 527 § 1292 § 528 § 1295 § 529 s 1296 § 530 § 1297 § 531 § 1300 § 532 § 1300 § 533 § 1301 § 534 § 1302 § 535 § 1305 § 536 § 1305 § 537 § 1306 f 538 •;. § 1307 § 539 § 1310 § 540 § 1311 § 541 § 1312 § 542 § 1313 § 543 § 1314 § 544 § 131d § 545 § 1316 § 546 § 1317 26 CORRESPONDING SECTIONS. Crim.Prac.Act Pen. Code §•"547 § 1326 § 548 § 1326 § 549 § 1326 § 550 § 1326 § 551 § 1326 § 552 § 1327 § 553 § 1327 § 554 § 1328 § 555 § 1328 § 556 § 1329 § 557 § 1329 § 558 § 1330 § 559 § 1331 § 561 § 1331 § 560 § 1332 § 562 § 1335 § 563 § 1336 § 566 § 1337 § 567 § 1338 § 568 § 1339 § 569 § 1339 § 582 § 1345 § 564 § 1351 § 570 9 1355 § 571 § 1355 § 572 § 1355 § 573 § 1353 § 574 § 1356 § 575 § 1357 § 576 § 1357 § 577 § 1358 § 578 § 1359 § 579 § 1360 § 580 § 1360 § 581 § 1361 § 583 § 1307 § 584 § 13G8 Crim.Prac.Act Pen. Code § 585 § 186S § 586 § 13G9 § 587 § 1369 § 588 § 1370 § 589 § 1370 § 590 § 1371 § 591 § 1372 § 592 § 1373 § 593 § 1382 § 594 § 13S2 § 595 § 13S3 § 596 § 13S4 § 597 § 13S5 § 598 § 1386 § 599 § 1387 § 600 § 1401 § 601 § 1404 § 602 § 1407 § 603 § 1408 § 604 § 1409 § 605 § 1410 § 606 § 1411 § 607 § 1412 § 608 § 1426 § 610 § 1427 § 613 § 1428 § 611 § 1429 § 612 § 1434 § 614 § 1430 § 615 § 1436 § 616 § 1437 § 617 § 1438 § 618 § 1439 § 619 § 1440 § 620 § 1441 § 621 § 1441 § 622 § 14-12 CORRESPONDING SECTIONS. 27 Crim.Prac.Act Pcu.Code § 623 § 1443 § G24 § 1444 §625 § 1445 § 626 S 1446 § 627 § 1447 § 628 § 1448 § 630 § 1449 § 631 § 1450 § 632 § 1451 § 633 § 1452 § 634 § 1453 § 635 § 1454 § 636 § 1455 § 637 § 1456 § 638 § 1457 § 639 § 1457 § 640 § 1458 § 642 § 1523 § 643 § 1524 § 644 § 1525 § 645 § 1526 § 646 § 1527 § 647 § 1528 § 648 § 1529 § 650 § 1531 § 651 § 1532 § 652 § 1533 Crhn.Prac.Act Pen. Code § 653 § 1534 § 654 § 1535 § 655 § 1536 § 656 § 1537 § 657 § 1538 § 658 § 1539 § 659 § 1539 § 660 §.1540 § 661 § 1541 § 664 § 1542 § 665 § 1548 § 666 § 1549 § 667 § 1550 § 668 § 1551 § 609 § 1552 § 670 § 1553 § 671 § 1554 § 6/2 § 1555 § 673 § 1556 . § 674 § 1557 § 675 § 1377 § 676 § 1378 § 677 § 1378 § 678 § 1379 § 679 § 1570 § 683 § 1567 28 CORRESPONDIMG SECTIONS. -^--'. CRIMINAL PRACTICE ACT. Table of sections of which there is no corresponding section in the Penal Code CAIy. REP. SECTION. ENACTED. AMENDED. REPEALED. CITATION. 1 Apr. 20, 1850 1851:212 1851:290 36-527 2 Apr. 20, 1850 1851:212 1851:290 36-527 3 Apr. 20, 1850 1851:212 1851:290 4 Apr. 20, 3 850 1851:212 1851:290 20-119 5 Apr. 20, 1850 1851:212 1851:290 20-119 38 Apr. 20, 1850 1851:212 1851:290 43 Apr. 20, 1850 1851 :212 1851:290 44 Apr. 20, 1850 1851 :212 1851:290 45 Apr. 20, 1850 1851:212 1851:290 50 Apr. 20, 1850 1851:212 1851:290 8-391 18-638 44- 94 61 Apr. 20, 1850 1851:212 1851:290 124 Apr. 20, 1850 1851:212 1851:290 125 Apr. 20, 1850 1851:212 1851:290 126 Apr. 20, 1850 1851 :212 1851:290 127 Apr. 20, 1850 1851:212 1851 :290 128 Apr. 20, 1850 1851:212 1851:290 129 Apr. 20, 1850 1851:212 1851:290 130 Apr. 20, 1850 1851 :212 1851:290 131 Apr. 20, 1850 1851:212 1851:290 132 Apr. 20. 1850 1851:212 1851:290 133 Apr. 20, 1850 1851:212 1851:290 134 Apr. 20. 1850 1851 :212 1851:290 135 Apr. 20, 1850 1851:21^ 1851:290 136 Apr. 20, 1850 1851:212 1851:290 CORRESPONDING SECTIONS. 29 SECTION. ENACTED. AMENDED. REPEALED. CAL,. REP. CITATION. 137 Apr. 20. 1850 1851:212 1851:290 138 Apr. 20, 1850 1851:212 1851:290 139 Apr. 20, 1850 1851 :212 1851:290 140 Apr. 20, 1850 1851:212 1851 :290 141 Apr. 20, 1850 1851:212 1851:290 142 Apr. 20, 1850 1851 :212 1851:290 143 Apr. 20, 1850 1851 :212 1851 :290 6-564 154 Apr. 20, 1850 1851:212 1851:290 155 Apr. 20, 1850 1851 :212 1851:290 156 Apr. 20, 1850 1851:212 1851:290 157 Apr. 20, 1850 1851:212 1851:290 158 Apr. 20, 1850 1851 :212 1851:290 200 • Apr. 20, 1850 1851:212 1851:290 201 Apr. 20. 1850 1851 :212 1859 :186 1851:290 202 Apr. 20, 1850 1851 :2i2 1851:290 203 Apr. 20, 1850 1851 :212 1851:290 204 Apr. 20, 1850 1851 :212 1851:290 222 Apr. 20, 1850 1851:212 1851:290 223 Apr. 20, 1850 1851:212 1851:290 257 Apr. 20, 1850 1851:212 1851:290 311 .- Apr. 20, 1850 1851:212 1863 :160 1851:290 374 Apr. 20, 1850 1851:212 1851:290 377 Apr. 20, 1850 1851:212 1851:290 1-385 378 Apr. 20, 1850 1851 :212 1851:290 391 Apr. 20, 1850 -"-1«51 :212 1851 :290 435 Apr. 20, 1850 1851:212 1851:290 28-218 32- 92 34-188 34-310 44-327 505 Apr. 20, 1850 1851:212 1851:290 39-104 41-211 30 •CORRESPONDING SECTIONS. SECTION. ENACTED. AMENDED. REPEALED. CAL. REP. CITATION. 526 Apr. 20, 1850 1851 :212 1851:290 565 Apr. 20, 1850 1851:212 1851:290 609 Apr. 20, 1850 1851:212 1851 :290 629 Apr. 20, 1850 1851 :212 1851:290 641 Apr. 20, 1850 1851:212 1851 :290 649 Apr. 20, 1850 1851 :212 1851:290 662 Apr. 20, 1850 1851 :212 1851 :290 663 Apr. 20, 1850 1851 :212 1851:290 680 Apr. 20, 1850 1851 :212 1851:290 681 Apr. 20, 1850 1851 :212 185i :290 682 Apr. 20, 1850 1851:212 1851 :290 684 Apr. 20, 1850 1851 :212 1851 :290 685 Apr. 20, 1850 1851 :212 1851:290 686 Apr. 20, 1850 1851 :212 1851:290 687 Apr. 20, 1850 1851 :212 1851 •290 688 Apr. 20, 1850 1851:212 1851:290 689 Apr. 20, 1850 1851:212 1851:290 690 Apr. 20, 1850 1851:212 1851:290 691 Apr. 20, 1850 1851 :212 1851:290 692 Apr. 20, 1850 1851:212 1856: 50 1857:181 1860 :160 1851 :290 693 Apr. 20, 1850 1851 :212 1851:290 45-246 694 Apr. 20, 1850 1851:212 1851:290 695 Apr. 20, 1850 1851:212 1851:290 696 Apr. 20, 1850 1851 :212 1851:290 €97 Apr. 20. 1850 1851:212 1851:290 698 Apr. 20. 1850 1851:290 699 Apr. 20. 1850 1851 :290 700 Apr. 20. 1850 1851:290 701 Apr. 20, 1850 1851 :290 702 Apr. 20, 1850 1851 :290 CORRESPONDING SECTIONS. 31 REPEALED. CAL. REP. SECTION. ENACTED. AMENDED. CITATION. 703 Apr. 20, 1850 1851 :290 704 Apr. 20, 1850 1851 290 705 Apr. 20, 1850 1851 290 706 Apr. 20, 1850 1851 290 707 Apr. 20, 1850 1851 290 708 Apr. 20, 1850 1851 290 709 Apr. 20, 1850 1851 290 710 Apr. 20, 1850 1851 290 711 Apr. 20, 1850 1851 290 712 Apr. 20, 1850 1851 290 713 Apr. 20, 1850 1851 290 714 Apr. 20; 1850 1851 290 715 Apr. 20, 1850 1851 290 716 Apr. 20, 1850 1851 290 717 Apr. 20, 1850 1851 290 718 Apr. 20, 1850 1851 .290 719 Apr. 20, 1850 1851 •290 720 Apr. 20, 1850 1851 ■290 721 Apr. 20, 1850 1851 290 722 Apr. 20, "1850 1851 290 723 Apr. 20, 1850 1851 290 724 Apr. 20, 1850 1851 290 725 Apr. 20, 1850 1851 290 726 Apr. 20, 1850 1851 290 727 Apr. 20, 1850 1851 290 728 Apr. 20, 1850 1851 290 729 Apr. 20, 1850 1851 290 730 Apr. 20, 1850 1851 290 731 Apr. 20, 1850 1851 290 732 Apr. 20, 1850 1851 290 733 Apr. 20, 1850 1851 290 734 Apr. 20, 1850 1851 290 735 Apr. 20, 1850 1851 290 736 Apr. 20, 1850 1851 290 737 Apr. 20, 1850 1851 290 738 Apr. 20, 1850 1851 290 739 Apr. 20, 1850 1851 290 740 Apr. 20, 1850 1851 290 741 Apr. 20. 1850 1851 290 742 Apr. 20, 1850 1851 290 743 Apr. 20, 1850 1851 200 744 Apr. 20, 18^0 1851 290 745 Apr. 20, 1850 1851 290 746 Apr. 20, 1850 1851 290 AN ACT TO ESTABLISH A PENAL CODE. [Approved February 14th, 1872.] The people of the state of California, represented in senate and assembly, do enact as follows: TITLE OF THE ACT. § 1. This act shall be known as The Penal Code of California, and is divided into three parts, as follows: I. — Of Crimes and Punishments. II. — Of Criminal Procedure. III. — Of the State Prison and County Jails. En. Feb- ruary 14, 1872. This act, how cited: Post, sec. 24. Construction of the codes, and of their various sections: See Pol. Code, sees. 4478 et seq. Pen. Code— 3 (33) 2 §§ 2-4 PRELIMINARY PROVISIONS. 54 PRELIMINARY PROVISIONS. § 2. When this act takes effect. ^ 3. Not retroactive. § 4. Construction of the Penal Code. S 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 justices to pun- ish for contempts. § 12. Of sections declaring crimes punishable. Duty of court. § 13. Punishments, how determined. § 14. Witness' testimony may be read against him on prosecution for perjury. S 15. "Crime" and "public offense" defined. § 16. Crimes, how divided. § 17. Felony and misdemeanor defined. § IS. Punishment of felony, when not otherwise prescribed. § 19. Punishment of misdemeanor, when not otherwise prescribed. § 20. To constitute crime there must be unity of act and intent. § 21. Intent, how manifested, and who considered of sound mind. § 22. Drunkenness no excuse for crime. When it may be considered. 8 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 first day of January, eigh- teen hundred and seventy-three. En. February 14, 1872. Effect of codes, generally: See Pol. Code, sees. 4478 et seq. § 3. Not retroactive. -No part of it is retroactive, unless expressly so declared. En. February 14, 1872. Cal. Eep. Cit. 106, 680. Impairing vested rights: See Code Civ. Proc, sec. 8. Corresponding sections. — The same section is found in each of the other three codes. See sec. 3 of each of the other codes. § 4. Construction of the Penal Code. The rule of the common law, that penal statutes are to be strictly con- strued, 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 object and to promote jus- tice. En. February 14, 1872. Cal. Rep. Cit. 45, 431; 46, 117; 49, 70; 82, 274; 88, 139; 93, 584; 93, 631; 105, 558; 127, 316; 139, 382. 35 PRELIMINARY PROVISIONS. §§ 5-7 Rules of construction of code provisions, generally: See Pol. Code, sees. 4478 et seq. Statutes in derogation of common law: See sec. 4 of each of the codes. § 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 continu- ations thereof, and not as new enactments. En. February 14, 1872. § 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 punishable, 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 ordinance, 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. En. February 14, 1872. Cal. Eep. Cit. 46, 116, 46, 119j 55, 229. Effect on past offenses. — Where, by subsequent statute, the punishment is increased it is ex post facto, and in- operative: Const. U. S., art. I, sec. 10, subd. 1. § 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 corpora- tion as well as a natural person; the word "county" in- cludes "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 "depose"; signature or subscription includes mark, when the person cannot write, his name being written near it, by a person who writes his own name as a witness; pro- vided, that when a signature is made by mark it must, in order that the same may be acknowledged or serve as the § 7 PRELIMINARY PROVISIONS. Ss signature to any swOrn statement, be witnessed by two persons who must subscribe their own names as witnesses thereto. The following words have in this code the signification attached to them in this section, unless otherwise apparent 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 willingness to commit the act, or make the omission re- ferred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage; 2. The words "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 con- cerns; 3. The word ' ' corruptly ' ' imports a wrongful 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 wish 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 word "knowingly" imports only a knowledge that the facts exist which bring the act or omission within the provisions of this code. It does not require any knowledge of the unlawfulness of such act or omission; 6. The word "bribe" signifies anything of value or ad- vantage, present or prospective, or any promise or under- taking 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 word "vessel," when used with reference to ship- ping, includes ships of all kinds, steamboats, canal-boats, barges, and everj' structure adapted to be navigated from place to place for the transportation of merchandise or per- sons; 8. The words "peace officer" signify any one of the offi- cers mentioned in section eight hundred and seventeen; 9. The word "magistrate" signifies any one of the offi- cers mentioned in section eight hundred and eight; 37 PRELIMINARY PROVISIONS. § 7 10. The word "property" iricliules both real and per- sonal property; 11. The words "real property" are co-extensive with lands, tenements, and hereditaments; 12. The words "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 "day-time" 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 precept in writ- ing, issued in the name of the people, or of a court or ju- dicial 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 jieculiar and appropriate meaning in law, must be construed according to such peculiar and appropriate mean- ing; 17. Words giving a joint authority to three or more public officers or other persons, are construed as giving such author- ity 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 vis- ible impression. The seal of a private person may be made in like manner, or by the scroll of a pen, or by writing the word "seal" against his name; 19. The word ' ' state, ' ' when applied to the ditferent 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. En. February 14, 1872. Am'd. 1873-4, 419; "1905, 635. The purpose of the amendment is to make the section conform to the corresponcling .sections of the Civil Code and of the Code of Civil Procedure. The changes consist in the addition of the words §§ S-10 PRELIMINARY PROVISIONS. 3S "county includes city and county"; of the words "and typewriting", and of the clause "provided, that when a signature is made by marli it must, in or.ler 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 th..- above section conform to the corresponding subdivision in section 17 of the Code of Civil Procedure and in sec- tion 14 of the Civil Code. The definitions of "nght-time" and "day- time" are added i-n subdivision 13, following the definitions in sec- tions 450 an-d 463 of this Code, which confined the definitions to the chapters in which they occurred. The word "canal-boat" is printed "canals, boats," in the official Statutes of 1S73-4, page 421, amending the section, and is hereby corrected to conform to the manifest in- tention of the statute, and to the original form of the section as enacted in the Code of 1872. Subdivision 20 is also added to corre- spond with a like provision in the other Codes. — Co'de Commission- er's Note. Cal. Kep. Cit. 58, 269; 67, 422; 68, 363; 68, 438; 70, 533; 72, 613; 72, 616; 82, 468; 96, 177; 96, 179; 105, 639; 130, 577; 136, 530; 141, 114; 141, 115; 144, 355. Subd. 1—120, 135. Subd. 4—93, 566; 120, 202; 127, 319; 129, 551. Subd. 5—75, 631. Subd. 6—110, 371. Subd. ]5— 82, 468. Subd. 16—135, 74. § 8. What intent to defraud is suflacient. Whenever, by any of the provisions of this code, an intent to defraud is required in order to constitute any offense, it is sufficient if an intent appears to defraud any person, association, or body politic or corporate, whatever. En. February 14, 1872. § 9. Civil remedies preserved. The omission to specify or affirm in this 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 iiot affect any right to recover or enforce the same. En. February 14, 1872. § 10. Proceedings to impeach or remove offi.cers 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 39 PRELIMINARY PROVISIONS. §§ H-H trust, aijpointment, or other special authority conferred by law, does not affect euch forfeiture or power, or any pro- ceeding authorized by law to carry into effect such im- peachment, removal, deposition, or suspension. En. Feb- ruary 14, 1872. § 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 ofiicer, to impose or inflict punishment upon offenders; nor any power conferred by law upon any public body, tribunal, or ofiicer, to impose or inflict punish- ment for a contempt. En. February 14, 1872. Cal. Eep. Cit. 94, 333. § 12. Of sections declaring crimes punishable. Duty of court. The several sections of this code which declare certain crimes to be punishable as therein mentioned, de- volve a duty upon the court authorized to pass sentence, to determine and impose the punishment prescribed. En. February U, 1872. Cal. Eep. Cit. 93, 640; 110, 654. Appointing time of pronouncing judgment: Post, sec. 1191. Showing cause against the judgment: Post, sec. 1201. § 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 particular case must be determined by the court authorized to pass sentence, within such limits as may be prescribed by this code. En. February 14, 1872. § 14. Witness's testimony may be read against him on prosecution for perjury. Tue various sections of this code which declare that evidence obtained upon the examina- tion of a person as a witness cannot be received against § 15 PRELIMINARY PROVISIONS. 40 bim 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 exam- ination. En. February 14, 1872. § 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 following punish- ments: First. Death. Second. Imprisonment. Third. Fine. Fourth. Removal from office; or, Fifth. Disqualification to hold and enjoy any office of honor, trust, or profit in this state. En. February 14, 1872. Cal. Rep. Cit. 47, 479; 90, 278; 93, 439; 110, 656; 118, 460; 118, 482; 147, 533. Crime and public offense: See post, sees. 16, 17. "The use of the terms 'crime,' 'felony,' 'misdemeanor,' and 'offense' is far from uniform even among legal writ- ers," say the code commissioners, and after citing the defi- nitions of several text-writers, they conclude: ' ' The definition of the section is based upon the usage which has grown up in this state of employing ' crime ' and 'offense' in the extensive signification, and confining 'felony' and 'misdemeanor' to denote the classes into which crimes are divided, and is in substantial accord with the definitions given by Mr. Livingston: Crim. Code, art. LXXV. ' ' Subd. 1. Death punishment in case of treason: See post, sec. 37. Of murder: Post sec. 190. Subd. 4. Removal from office: See post, sees. 737 et seq.; Const., art. IV, sees. 18, 21; Id., art. XII, sec. 19. Subd. 5. Disqualification to hold office: Const. Cal., art. XX, sees. 10, 11. 41 PRELIMINARY PROVISIONS. §§ 16-20 § 16. Crimes, how divided. Crimes are divided into: First. Felonies; and, Second. Misdemeanors. En. February 14, 1872. Cal. Eep. Cit. 94, 574; 102, 428; 118, 460; 137, 268; 139, 213. See next section. § 17. Felony and misdemeanor defined. A felony is a crime which is punishable with death or by imprisonment in the state prison. Every other crime is a misdemeanor. When a crime, punishable by imprisonment in the state prison, is also punishable by fine or .imprisonment in a coun- ty jail, in the discretion of the court, it shall be deemed a misdemeanor for all purposes after a judgment imposing a punishment other than imprisonment in the state prison. En. February 14, 1872. Am'd. 1873-4, 455. Cal. Eep. Cit. 49, 395; 53, 428; 69, 605; 78, 306; 85, 87; 94, 574; 137, 268; 139, 213; 143, 599. § 18. Punishment of felony, when not otherwise pre- scribed. Except in cases where a different punishment is prescribed by this code, every offense declared to be a felony is punishable by imprisonment in the state prison, not exceeding five years. En. February 14, 1872. Cal. Eep. Cit. 47, 479. § 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. En. February 14, 1872. Cal. Eep. Cit. 68, 413; 85, 37; 85, 211; 87, 93; 102, 428; 114, 371; 114, 282; 124, 152; 124, 153; 124, 154; 139, 110. § 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. En. February 14, 1872. Cal. Eep. Cit. 63, 168; 93, 566; 116, 77; 129, 551; 138, 341. Intoxication, effect of: Post, sec. 22. Insanity: Post, sec. 26. §§ 21-23 PRELIMINARY PROVISIONS. 42 § 21, Intent, how manifested, and who considered of sound mind. The intent or intention is manifested by the circumstances connected with the offense, and the sound mind and discretion of the accused. All persons are of sound mind who are neither idiots nor lunatics, nor affected with insanity. En. February 14, 1872. Cal. Eep. Cit. 132, 329; 145, 140. Presumptions as to intention. — Conclusive presumption. — It is provided in the Code of Civil Procedure that a malicious and guilty intent, from the deliberate commission of an unlawful act, for the purpose of injuring another, shall be conclusively presumed: Code Civ. Proc, sec. 1962. § 22. Drunkenness no excuse for crime. When it may be considered. No act committed by a person while 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 in- tent is a necessary element to constitute any particular species or degree of crime, the jury may take into considera- tion the fact that the accused was intoxicated at the time, in determining the purpose, motive, or intent with which he committed the act. En. February 14, 1872. Cal. Eep. Cit. 65, 278; 98, 112; 93, 487; 95, 428^ 100, 390; 103, 575; 115, 577; 122, 187; 122, 239; 123, 49; 132, 232; 132, 329; 132, 332. § 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 subsequent laws; First, All acts incorporating or chartering municipal corporations, and acts amending or supplementing such acts. Second. All acts consolidating cities and counties, and acts amending or supplementing such acts. 43 PRELIMINARY PROVISIONS. § 23 Third. All acts for funding the state debt, or any part thereof, and for issuing state bonds, and acts amending or supplementing such acts. Fourth. All acts regulating and in relation to rodeos. Fifth. All acts in relation to judges of the plains. Sixth. All acts creating or regulating boards of water commissioners and overseers in the several townships or counties of the state. Seventh, i^ll acts in relation to a branch state prison. Eighth. An act for the more effectual prevention of cru- elty to animals, approved March thirtieth, eighteen hundred and sixty-eight. Ninth. An act for the suppression of Chinese houses of ill-fame, approved March thirty-first, eighteen hundred and sixty-six. Tenth. 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. Eleventh. An act concerning marks and brands in the county of Siskiyou, approved March twentieth, eighteen hundred and sixty-six. Twelfth. 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. Thirteenth. An act concerning trout in Siskiyou County, approved April second, eighteen hundred and sixty-six. Fourteenth. An act to prevent the destruction of fish in Napa River and Sonoma Creek, approved January twenty- ninth, eighteen hundred and sixty-eight. Fifteenth. An act to prevent the destruction of fish and game in, upon, and around the waters of Lake Merritt or Beralta, in the county of Alameda, approved March eigh- teenth, eighteen hundred and seventy. Sixteenth. An act to regulate salmon fisheries in Eel § 23 PRELIMINARY PROVISIONS. « River, in Humboldt County, approved April eighteenth, eighteen hundred and fifty-nine. Seventeenth. An act for the better protection of stock- raisers in the counties of Fresno, Tulare, Monterey and Mariposa, approved March twentieth, eighteen hundred and sixty-six. Eighteenth. An act concerning oysters, approved April twenty-eighth, eighteen hundred and fifty-one. Nineteenth. An act concerning oyster-beds, approved April second, eighteen hundred and sixty-six. Twentieth. An act concerning gas companies, approved April fourth, eighteen hundred and seventy. En. February 14, 1872, See further acts in force: Pol. Code, sees. 19, 4442. Subds. 1-6. Eeferences to the acts referred to in the first six subdivisions will be found in the General Laws under the various titles. Subd. 7. Branch prisons: See acts in Appendix, title State Prisons. Subds. 8-20. The act referred to in subd. 8 will be found in Stats. 1868, 604; but see Stats. 1874, 499. In subd. 9, see Stats. 1866, 641; but see amendment, Stats. 1874, 84. In subd. 10, see Stats. 1870, 585; Stats. 1875-6, 325. [Ee- pealed 1895, 76, 201.] In subd. 11, see Stats. 1866, 332. In subd. 12, see Stats. 1866, 637. In subd. 13, see Stats. 1866, 857. In subd. 14, see Stats. 1868, 13; but see amendment. Stats. 1871, 441. In subd. 15, see Stats. 1870, 325. In subd. 16, see Stats. 1859, 298. In subd. 17, see Stats. 1866, 322. In subd. 18, see Stats. 1851, 432; but see repealing clause, Stats. 1874, 940. In subd. 19, see Stats. 1866, 848; also see Stats. 1874, 940. Many amendments and new sections to the Penal Code are taken from "An act to amend the Penal Code," ap- proved March 30, 1874; Amendments 1873-4, 419. The amendatory act contained two other sections, in reference to the eifect of the new provisions, as follows: 4.1 PRELIMINARY PROVISIONS. § ^4 Sec. 88. All provisions of law inconsistent with the pro- visions of this act are repealed, except as to offenses com- mitted before this act takes effect, and as to such offenses, and for the punishment of parties guilty thereof, the re- pealed 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. §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. En. February 14, 1872. 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: Art. IV, sec. 24. Title of the act: See ante, sec. 1. PART I. or CRIMES AND PUNISHMENTS. (§§ 26-680.) (47) TITLE I. OF PERSONS LIABLE TO PUNISHMENT FOR CRIME. § 26. Who are capable of committing crimes. § 27. Who are liable to punishment. § 2S. Prisoners to be discharged on Monday. § 26. Who are capable of committing crimes. All per- sons are capable of committing crimes except those belong- ing to the following classes: 1. 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; 2. Idiots; 3. Lunatics and insane persons; 4. Persons who committed the act or made the omission charged under an ignorance or mistake of fact, which dis- proves any criminal intent; 5. Persons who committed the act charged without being conscious thereof; 6. Persons^ who committed the act or made the omission charged through misfortune or by accident, when it ap- pears that there was no evil design, intention, or culpable negligence; 7. Married women (except for felonies) acting under the threats, command, or coercion of their husbands; 8. 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 reason- able cause to and did believe their lives would be endan- gered if they refused. En. February 14, 1872. Am'd. 1873- 4, 422. Cal. Rep. Cit. 132, 329. Idiots: See post, sees. 1367 et seq. Acquittal on the ground of insanity, proceedings after and committment to asylum: Post, sec. 1167. Pen. Code— 4 (49) §§ 27, 28 PERSONS LIABLE TO PUNISHMENT. 50 Submitting the question of sanity to a jury: Post, sec 1368. § 27. Who are liable to punishment. The following per- sons are liable to punishment under the laws of this state: 1. All persons who commit, in whole or in part, any crime within this state; 2. All who commit any offense without this state which, if committed within this state, would be larceny, robbery, or embezzlement under the laws of this state, and bring 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. En. February 14, 1872. Am'd. 1905, 638. The amendment consists of a recasting of subdivision 2, designed to malce it punlsliable in this state to embezzle money in another state and bring the money embezzled or some part of it into this state. The section as it now stands authorizes the conviction and punish- ment of persons committing larceny or robbery outside the state, who bring the property stolen into this state, but does not extend to the case of embezzlement. — Code Commissioner's Note. Cal. Eep. Cit. 132, 232. See post, sec. 778. § 28. Prisoners to be discharged on Monday. En. Stats. 1901, 11. Am'd. 1903, 236. Eep. 1905, 491. 51 PARTIES TO CRIMK. §§ 30-3:i TITLE II. OF PAETIES TO CRIME. § 30. Classification of parties to crime. § 31. Who are principals. § 32. Who are accessories. § 33. Puni.shment of accessories. § 30. Classification of parties to crime. The parties to crimes are classified as: 1. Principals; and, 2. Accessories. En. February 14, 1872. Gal. Eep. Cit. 144, 77. Principals: See post, sec. 31. Accessories: See post, sec. 32. § 31. Who are principals. All persons concerned in the commission of a crime, whether it be felony or misde- meanor, and whether they directly commit the act con- stituting the oflfense, or aid and abet in its commission, or, not being present, .have advised and encouraged its com- mission, and all persons counseling, advising, or encour- aging children under the age of fourteen years, lunatics or idiots, to commit any crime, or who, by fraud, contrivance, or force, occasion the drunkenness of another for the pur- pose 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. En. February 14, 1872. Gal. Rep. Cit. 56, 398; 78, 86; 113, 179; 122, 492; 138, 627; 138, 630; 143, 264; 144, 77; 144, 79. § 32. Who are accessories. All persons who, after full knowledge that a felony has been committed, conceal it from the magistrate, or harbor and protect the person charged with or convicted thereof, are accessories. En. February 14, 1872. Gal. Eep. Cit. 78, 87; 129, 366. § 33. Punishment of accessories. Except in cases where a different i^unishment is prescribed, an accessory is pun- §§ 37. 38 OFFENSES AGAINST SOVEREIGNTY OF STATE. 52 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. En. February 14, 1872. Aiding in misdemeanor is a misdemeanor: See post, sec. 659. TITLE III. OF OFi'ENfSES AGAINST THE SOVEEEIGNTY OF THE STATE. § 37. Trea.son, who only can commit. § 38. MiFprision 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 punishment of treason shall be death. En. February 14, 1872. Treason against a state is an offense at common law, and is so recognized in the constitution of the United States: See Const. U. S., art. IV, sec. 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 convicted of treason un- less on the evidence of two witnesses to the same overt act, or confession in open court: Const. Cal., art. I, sec. 20; see also. Const. U. S., art. Ill, sec. 3. Two witnesses necessary: See Code Civ. Proc, see. 1968. Owing allegiance to the state: See Pol. Code, sees. 55, 56. § 38. Misprision of treason. Misprision of treason is the knowledge and concealment of treason, without other- wise assenting to or participating in the crime. It is pun- ishable by imprisonment in the state prison for a term not exceeding five years. En. February 14, 1872. 53 CRIMES AGAINST ELECTIVE FRANCHISE. S 10 TITLE IV. OP CRIMES AGAINST THE ELECTIVE FRANCHISE. § 40. Person acting as election officer without appointment. § 41. Violation of election laws by certain officers a felony. § 42. Fraudulent registration a felony. § 42a. Allowing fraudulent registration. § 43. Refusal to be sworn or to answer board of judges. § 44. Refusal to obey summons of board. § 45. Fraudulent voting. § 46. Attempting to vote when not qualified. § 47. Procuring illegal voting. § 4S. Changing ballots or altering returns by election officers. § 49. Officers unfolding or marking tickets. § 49a. Officer who cannot read or write, or refusing to serve. § 50. Forging or altering returns. § 51. Ad'Jing to or subtracting from votes cast. § 52. Persons aiding and abetting. § 53. Intimidating, corrupting, deceiving, or defrauding electors. g 54. Furnishing money for elections. § 54a. Receiving or contracting for any money or thing of value tor voting or not voting. § 54b. Promising or contributing any money or valuable consideration for a pel son's voting or not voting. § 55. Offers to procure offices for electors. § 55a. Soliciting or demanding candidate vote for or against any meas- ure or bill. § 56. Communicating such offer. § 57. Giving or offering bribes to members of legislative caucas, etc. g 57a. Officers of election aiding in wrongdoing. g .JS. Preventing public meetings. g .59. Force, violence or restraint use-d to influence vote. g 60. Betting on elections. g 61. Violation of election laws by persons not officers. g 62. Violation of election laws as to tickets. g 62a. Circulating anonymous circulars relating to candidate a misde- meanor. § 62b. Printer must put imprint on printed matter. g 63. Advancing money by candidate for United States senate. g 63%. Candidate or member of legislature accepting money. § 63b. Sale of intoxicants on. election days. g 64. No prosecution against witness in election cases. g 64V4. Primary elections, provisions relating to. § 40. Person acting as election officer without appoint- ment. Any person who acts as an election officer at any election, without first having been appointed and qualified as such, and any person who, not being an election officer, performs or discharges any of the duties of an election officer, 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. En. Stats. 1895, 74. §§ 41-44 CRIMES AGAINST ELECTIVE FRANCHISE. 54 § 41. Violation of election laws hy certain ofi&cers a felony. Every person charged with the performance of any duty, under the provision of any law of this state relating to elections, who willfully neglects or refuses to perform it, or who, in his official capacity, knowingly and fraudulently acts in contravention or violation of any of the provisions of such laws, is, unless a different punish- ment 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. En. February 14, 1872. Cal. Eep. Cit. 7.5, 628; 75, 631; 142, 79; 146, 309, § 42. Fraudulent registration a felony. Every person who willfully causes, procures, or allows himself to be regis- tered in any register of electors required by law to be made or kept, knowing himself not to be entitled to such regis- tration, is punishable by imprisonment in the state prison for not less than one nor more than three years. En. Feb- ruary 14, 1872. Am'd. 1905, 639. The amendment conforms the section to section 21 of the Puricy of Elections Act (Stats. 1893, p. 12). — Code Commissioner's Note. § 42a. Allowing 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 registration, is punishable by imprisonment in the state prison for not less than one nor more than three years. En. Stats. 1905, 639. This is a codification of section 22 of the Purity of Elections Act (Stats. 1S93, p. 12).— Code Commissioner's Note. § 43. Refusal to be sworn or to answer board of judges. Every person who, after being required by the board of judges at any election, refuses to be sworn, or being sworn, refuses to answer any pertinent question, propounded by such board, touching the right of another to vote, is guilty of a misdemeanor. En. February 14, 1872. Am'd. 1873-4, 423. § 44. Refusal to obey summons of board. Every person summoned to appear and testify before any board of regis- tration, who willfully disobeys such summons, is guilty of a misdemeanor. En. February 14, 1872. 55 CRIMES AGAINST ELECTIVE FRANCHISE. §§ 45-47 § 45. Fraudulent voting. Every person not entitled to vote who fraudulently votes, and every person who votes more than once at any ojie election, or knowingly hands in two or more tickets, folded together, or changes any ballot after the same has been 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 away or destroy, any poll-list, or ballots, or ballot-box, for the pur- pose of breaking up or invalidating such election, or will- fully 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- fully exercising their rights of voting at such election, as to prevent such election or canvass from being fairly held and lawfully conducted, is guilty of a felony. En. February 14, 1872. Am'd. 1905, 639. Two clerical errors are corrected. The word "illegally," before "polled," is changed to "legally"; and the word "either" is omitted after "elector," and inserted between "ballot-box" and "before." — Code Commissioner's Note. Cal. Eep. Cit. 91, 467; 145, 108. § 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 per- sonate, a person legally entitled to vote, is punishable by imprisonment in the state prison for not less than one nor more than two years. En. February 14, 1872. Am'd. 1905, 640. Section 24 of the Purity of Elections Act (Stats. 1S93, p. 12) is here codifled.— Code Commissioner's Note. § 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 §§ 48-49a CRIMES AGAINST ELECTIVE FRANCHISE. 56 punishable by imprisonment in the state prison not exceed- ing two years. En. February 14, 1872. Am'd. 1905, 640. Section 2S of the Purity of Elections Act (Stats. 1893, p. 12) is here codifled. — Code Commissioner's Note. § 48. Changing ballots or altering returns by election oflacers. Every officer or clerk of election who aids in changing or destroying any poll list, or in placing any ballots in tne ballot-box, or 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 elec- tion, or allows another to do so, when in his power to prevent it, or carries away or destroys or knowingly al- lows another to carry away or destroy any poll list, ballot- box, or ballots lawfully polled, is punishable by imprison- ment in the state prison for not less than two nor more than seven years. En. February 14, 1872. § 49. Oflacers of election unfolding or marking ballots. Every inspector, judge, or clerk of an election who, previously to putting the ballot of an elector in the ballot-box, attempts to find out any name on such ballot or who opens or suffers the folded ballot of any elector which has been handed in, to be opened or examined previously to putting the same into the ballot-box, or who makes or places any mark or device on any folded ballot with a view to ascertain the name of any person for whom the elector has voted, or who, without the consent of the elector, discloses the name of any person which such inspector, judge, or clerk has fraudulently or illegally discovered to have been voted for by such elector, is punishable by a fine of not less than fifty nor more than five hundred dollars, or by imprison- ment in the county jail, for not less than thirty days nor more than six months, or by both such fine and imprison- ment. En. February 14, 1872. Am'd. 1905, 640. Section 42 of the Purity of Elections Act (Stats. 1893, p. 12) is here codified. — Code Commissioner's Note. § 49a. Ofl5.cers of election ■who cannot read or 'write or refusing to serve. Anj^ person acting as a member of anj election board, or as a clerk upon such board, who cannot read 57 CRIMES AGAINST ELECTIVE FRANCHISE. §§ 50-53 ;ind write the English language, or any person who refuses to act upon such board, or as a clerk thereof, after proper notification of his appointment, who is otherwise eligible, unless good and sufficient cause for such refusal is shown to the election board or board of supervisors, is guilty of a misdemeanor, and is subject to a fine of five hundred dol- lars, and upon failure to pay such fine, must be imprisoned in the county jail of the county for the period of one day for each two dollars of such fine. En. Stats. 1905, 640. This Is the last sentence of section 1142 of the Political Code, the mat- ter being of a nature which has an appropriate place in this Code.— Code Commnilssioner's Note. § 50. Forging or altering returns. Every person who forges or counterfeits returns of an election purporting to have been held at a precinct, town, or ward where no election was in fact held, or willfully substitutes forged or counterfeit returns of election in the place of true re- turns for a precinct, town, or ward where an election was actually held, is punishable by imprisonment in the state prison for a term not less than two nor more than seven years. En. February 14, 1872. Am'd. 1905, 641. This is a codification of the first sentence of section 27 of the Purity of Elections Act (Stats. 1S93, p. 12.)— Code Commissioner's Note. § 51. Adding to or subtracting from votes cast. Every person who willfully adds to, or subtracts from, the votes actually cast at -an election, in any official or unofficial re- turns, or who alters such returns, is punishable by imprison- ment in the state prison for not less than one nor more than five years. En. February 14, 1872. Am'd. 1905, 641. This is a codification of the second sentence of section 27 of the Purity of Elections Act (Stats. 1893, p. 12.)— Code Commissioner's Note. § 52. Persons aiding and abetting. Every person who aids or abets in the commission of any of the offenses meutioned in the four preceding sections, is punishable by imprisonment in the county jail for the period of six months, or in the state prison not exceeding two years. En. Feb- ruary 14, 1872. Am'd. 1873-4, 423. § 53. Intimidating, corrupting, deceiving, or defrauding electors. 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 §§ 54, 54a CRIMES AGAINST ELECTIVE FRANCHISE. 5S deter him from giving the same; or attempts by any means whatever 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, with a ticket, informing or giving such elector to understand that it contains 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, judge, or clerk of any election, while acting as such, induces 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. En. February 14, 1872. Am'd. 1893, 7. § 54. Furnishing money for elections. Every person who, with intent to promote the election of himself or any other person, either — 1. Furnishes entertainment at his expense to any meet- ing of electors previous to or during an election; 2. Pays for, procures, or engages to pay for any such entertainment; 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 p,t the polls, ex- cept for the conveyance of voters who 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 conducting public meetings for the discussion of public questions, and of printing and circulating ballots, hand- bills, and other papers previous to such election; - — is guilty of a misdemeanor. En. February 14, 1872. Buying appointment to office: Post, sec. 73. § 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 5Sa CRIMES AGAINST ELECTIVE FRANCHISE. § 54b 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 person having voted, oi refrained from voting, for any par- ticular person or persons at such election, or on account of himself or any other person having come to the polls or re- mained away from the polls at such election, or on account of having induced any other person to vote or refrain from voting, or to vote or refrain from voting for any particu- lar 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 indorse- ment of any other person as the nominee or candidate of any convention, organized assemblage of delegates, or other body 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. Kvery person who commits any of the offenses mentioned ii' this section is punishable by imprisonment in the state prison for not less than one nor more than seven years. En. 8tats. 1905, 641. Section 20 of the Purity of Elections Act (Stats. 1S93, p. 12) is hero, codifieil. — Gale Commissioner'.? Note. § 54b. Promising or contributing any money or valuable consideration for a person's voting or not voting. It 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 election, or to induce any voter to vote or refrain from vot- ing at such election for any particular person or persons, or to induce such voter to come to the polls or remain away from the polls at such election, or on account of such voter having voted or refrained from voting, or having voted or § 54b CRIMES AGAINST ELECTIVE FRANCHISE. 58b 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 person, 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 particular person or persons; 3. To make any gift, loan, promise, offer, procurement, or agreement, as aforesaid, to, for, or with any person, in order to induce such person to procure, or endeavor to procure, the election of any person, 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, procure- ment, or agreement, the election of any person, or the vote o. 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 punishment 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, 59 CRIMES AGAINST ELECTIVE FRANCHISE. §§ 55, 55a in consideration of being selected or indorsed as the candi- date of any convention, organized assemblage of delegates, or other body, representing, or claiming to represent, a poli- tical party or principle, or any club, society, or association, 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 convention, club, society, or association having voted to select or in- dorse 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; 9. 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 a person withdrawing as a candidate for a public office. 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 year nor more than seven vears. En. Stats. 1905, 642. Section 19 of the Purity of Elections Act (Stats. 1S93, p. 12) is here coriiflecl. — Code Commissioner' .s Note. § 55. Officers to procure offices for electors. Every per- son who, being a candidate at any election, offers or agrees to appoint or procure the appointment of any particular person to office, as an inducement or consideration to any person to vote for, or procure or aid in procuring the elec- tion of such candidate, is guilty of a misdemeanor. En. February 14, 1872. (.'al. Rep. Cit. 99, 289. § 55a. Soliciting or demanding that a candidate vote for or against any measure or bill. Any person, either individu- ally 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 particular bill or measure that may be brought before any such body, is guilty of a misdemeanor; and any candidate convicted under the provisions of this section is, in addi- §§ 56-57a CRIMES AGAINST ELECTIVE FRANCHISE. CO tion, 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 nomi- nation. En. Stats. 1905, 643. This is a codification ot' the statute of 1S97 to protect candidates for public office (Stats. 1897, p. 53). — Code Commissioner's Note. § 56. Communicating such offer. . . Every person, not be- ing a candidate, who communicates any offer, made in viola- tion of the last section, to any person, with intent to induce him to vote for or to procure or aid in procuring the election of the candidate making the offer, is guilty of a misde- meanor. En. February 14, 1872. § 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 can- didates 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 oft'ers to receive any such bribe, is punishable b}^ imprisonment in the state prison not less than one nor more than seven years. En. February 14, 1872. Am'd. 1905, 644, The change consists in the insertion of the word •'seven" in place or ■■fourteen," conforming the section to section 25 of the Purity of Elections .\ct (Stats. 1893, p. 12).— Code Commissioner's Note. Cal. Eep. Cit. 126, 352. . § 57a. Officers of election aiding in wrongdoing. 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 at- tempts 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 60a CRIMES AGAINST ELECTIVE FRANCHISE. §§ 58, 59 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, or ballots lawfully polled, is punishable by imprisonment in the state prison for not less than two nor more than seven years. En. Stats. 1905, 644. This is a codification of section 26 of the Purity of Elections Act (Stats. 1893, p. 12.)— Code Commissioner's Note. § 58. Preventing public meetings. Every person who, by threats, intimidations, or unlawful violence, willfully hinders or prevents electors from assembling in public meet- ing for the consideration of public questions, is guilty of a misdemeanor. En. February 14, 1872. § 59. Force, violence or restraint used to influence votes. It is unlawful for any person, directly*or indirectly, by him- 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 person, of any injury, damage, harm, or loss, or in any manner to practice intimidation upon or against any person, in order to induce or compel 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 election, or on account of such person having voted or refrained 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 otherwise in- terfere with the free exercise of the elective franchise by any voter; or to compel, induce, or prevail upon any voter either to give or refrain from giving his vote at any elec- tion, or to give or refrain from giving his vote for any particular person or persons at any election. It is not law- ful 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 any election, to put up or otherwise exhibit in his factory, workshop, or other establishment or place where his workmen or employees may be working, any hand-bill or placard containing any threat, notice, or information, that §§ 60-62 CRIMES AGAINST ELECTIVE FRANCHISE. 60b in case any particular ticket of a political party, or organ- ization, or candidate shall be elected, work in his place or establishment wili lease, in whole or in part, or his place or establishment be closed up, or the salaries or wages of his workmen or employees be reduced, or other threats, express or implied, intended or calculated to influence the political opinions or actions of his workmen or employees. This sec- tion applies to corporations as well as individuals, and any person or corporation violating the provisions of this sec- tion is guilty of a misdemeanor, and any corporation vio- lating this section shall forfeit its charter. En. February 14, 1872. Am'd. 1905, 644. This is a codification of section 41 of the Purity of Elections Act (Stats. 1893, p. 12.) — Code Commissioner's Note. § 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. En. February 14, 1872. § 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 different 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 exceed- ing five years, or by both. En. February 14, 1872. The election laws of the state are found in title H of part III of the Political Code, sees. 1041-1375, inclusive. Act to prohibit piece clubs and prevent extortion from candidates: See post, Appendix, title Elections. § 62. Violation of election laws as to tickets. Every per- son who iwints any ticket not in conformity with the pro- visions of chapter eight of title two of part three of the Political Code, or who circulates or gives to another any ticket, knowing 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. En. stats. 1873-4, 456. Am'd. 1905, 645. 61 CRIMES AGAINST ELECTIVE FRANCHISE. §§ 62a-63 The change consists In the insertion of the words "the provisions or chaptei eight of title two of part three," in place of "section one thousand one hundred and ninety-one." Section 1191 does not treat of the form of election ballots, and the reference is therefore in- applicable. — Code Commmissioncr's Note. Act to prevent sale of intoxicants on election days: See post, Appendix, title Intoxicating Liquors. § 62a. Circulation of anonymous circulars referring to political candidates. Every person who intentionally writes, prints, posts, 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 ui^on such circular, pamphlet, letter, or poster, in a conspicuous place, either the name of the chairman and secretary or the names of two oflSicers 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 responsible therefor, shall be guilty of a misde- meanor. En. Stats. 1901, 297. § 621). 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, show- ing the printing office at which the same was printed, is guilty of a misdemeanor. En. Stats. 1901, 298. § 63. Advancing m.oney by candidate for United States senate. Every candidate for United States S( ^ ';or at an approaching session 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 legislature, who shall advance 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) will support or vote for such candidate for §§ 63iA-63b CRIMES AGAINST ELECTIVE FRANCHISES. 62 senator in the congress of the United States at an ap- proaching session of the legislature, 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 for the legislature by any candidate for senator as aforesaid, 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 legis- lature, vote for such candidate for senator in congress. En. Stats. 1899, 83. § 6314. Candidate or member of legislature accepting money. Every person being a member-elect of the legis- lature, and every person being a candidate for the legis- lature, and every person being a candidate for nomination for the legislature, who shall accept any money or property from any candidate for senator in the congress of the United States before the legislature at an approaching session thereof, or from any other 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 legislature, under an express or implied promise that such member-elect of the legislature, or such candidate for the legislature, or candidate for nomination for the legisla- ture, will, if elected as a member of the legislature, support or vote 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 aforesaid, 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 im- plied 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. En. Stats. 1899, 84. § 63b. Sale of intoxicants on election day. Every per- son keeping a public house, saloon, or drinking place, whether licensed or unlicensed, who sells, gives away, or 63 CRIMES AGAINST ELECTIVE FRANCHISE. §§ 64, 641/2 furnishes spirituous or malt liquors, wine, or any other in- toxicant, on any part of any day set apart for any gen- eral or special election, in any election district or precinct in any county of the state where an election is in progress, during the hours when by law the polls are required to be kept open, is guilty of a misdemeanor. En. Stats. 1905. 645. This is a co'diflcation of the statute of 1S73-4, page 297.— Code Commis- sioner's Note. § 64. No prosecution against witness testifying in election cases. No person otherwise competent as a witness, shall be disqualified or excused from testifying concerning 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 witness for any such offense concerning which he testified for the prosecution. En. Stats. 1891, 185. Cal. Eep. Cit. 146, 309; 146, S16; 146, 311; 146, 314; 146, 315. § 641/4. Primary elections, provisions relating to. 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 elections, held and conducted under official supervision pursuant 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. En. Stats. 1899, 59; 1899, 153. [Another act of the same number and in the precise words was also approved March 20, 1899, Stats. 1899, 59.] §§ 65-67 CRIMES BY AND AGAINST EXECUTIVE POWER. TITLE V. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE. § 63. Acting in a public capacity without having qualified. § 66. Acts of officers de facto not affected. § 67. Giving or offering bribes to executive officers. § 6S. Asking or receiving bribes. § 69. Resisting officers. § 70. Extortion. § 71. Officers illegally interested in contracts. § 72. Presenting fraudulent bills or claims for allowance or payment § 73. Buying appointments to office. § 74. Taking rewards for deputation. § 74a. Retaining part of salary. § 7-5. Exercising functions of office wrongfully. § 76. Refusal to surrender books, etc.. to successor. § 77. Sections to apply to administrative and ministerial officers. § 65. Acting in a public capacity without having quali- fied. Eve 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. En. Feb- ruary 14, 1872. Am'd. 1873-4, 423. Oath of office: Const. Cal., art. XX, sec. 3; see Pol. Code, sees. 904 et seq. § 66. Acts of officers de facto not affected. The last section shall not be construed to affect the validity of acts done by a person exercising the functions of a public office in fact, where other persons than himself are interested in maintaining the validity of such acts. En. February 14, 1872. § 67. Giving or offering bribes to executive officers. Every person who gives or offers any bribe to any execu- tive officer of this state, with intent to influence him in respect to any act, decision, vote, opinion, or other pro- ceeding as such officer, is punishable by imprisonment in the state prison not less than one nor more than fourteen years, and is disqualified from holding any office in this state. En. February 14, 1872. Cal. Rep. Cit. 62, 493; 62, 494; 62, 495; 64, 162. Bribery of judicial officer: See post, sec. 92. Bribery of legislator: See post, sec. 85. 65 CRIMES BY AND AGAINST EXECUTIVE POWER. §§ 68-72 § 68. Asking or receiving bribes. Every executive offi- cer, or person elected or apjiointed to au 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 which may be brought before him in his official capacity, shall be in- fluenced thereby, is punishable by imprisonment in the state prison not less than one nor more than fourteen years; and, in addition thereto, forfeits his office, and is forever disqualified from holding any office in this state. En. February 14, 1872. Cal. Eep. Cit. 64, 1.58; 68, 5.50; 137, 14; 137, 15; 137, 16. § 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 who 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 dollars, and imprisonment in the county jail not exceeding five years. En. February 14, 1872, Eesisting officers: See, generally, post, sec. 148. § 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 law, for doing any official act, is guilty of a misdemeanor. En. February 14, 1872. Am'd. 1873-4, 423. Cal. Rep. Cit. 60, 117; 145, 638. Extortion by judicial officer: See post, sec. 94. § 71. Officers illegally interested in contracts. Every officer or person prohibited by the laws of this state from making or being interested in contracts, or from becoming a vendor or purchaser at sales, or from purchasing scrip, or other evidences of indebtedness, who violates any of the provisions of such laws, is punishable by a fine of not more than one thousand dollars, or by imprisonment in the state prison not more than five years, and is forever disqualified from holding any office in this state. En. February 14, 1872. Cal. Rep. Cit. 125, 122. § 72. Presenting fraudulent bills or claims for allowance or payment. Every person who, with intent to defraud, Pen. Code— 5 §§ 73-75 CRIMES BY AND AGAINST EXECUTIVE POWER. 66 presents for allowance or for payment to any state board or officer, or to any county, town, city, ward, or village board or oflfieer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of felony. En. February 14, 1872. Cal. Eep. Cit. 71, 196; 135, 269; 145, 105; 145, 109; 145, 110. § 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. En. February 14, 1872. Constitutional provision. — Every person shall be disquali- fied 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: Const. Cal., art. XX, sec. 10. § 74. Taking rewards for deputation. Every public officer who, for any gratuity or reward, appoints another person to a public 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. En. Feb- ruary 14, 1872. § 74a. Eetaining part of salary. Every officer of this state, or of any county, city and county, city, or township therein, who 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 subor- dinate officer, is guilty of a felony. En. Stats. 1905, 646. This is a codification of tlie provisions of the statute of 1S71-2, page 951, with the following changes; the word "accepts" is inserted in place of "keeps," and the pharse "for his own use" is added after "retains." — Code Commissioner's Note. § 75. Exercising functions of office wrongfully. Every person who 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 67 CRIMES AGAINST LEGISLATIVE POWER. §§ 76-81 or appointed and has qualified, is guilty of a misdemeanor. En. February 14, 1872. § 76. Refusal to surrender books, etc., to successor. Every ofiicer whose office is abolished by law, or who, after the expiration of the time for which 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 rec- ords, 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 punish- able by imprisonment in the state prison not less than one nor more than ten years. En. February 14, 1872. Am'd. 1905, 646. The change consists in the addition of the clause "or willfuUy and unlawfully withholds or detains from his successor, or other person entitled thereto, any money or property in his custody as such offi- cer." The section as it now stands makes it punishable only for an ofiicer to retain writings or records appertaining or belonging to his office, but does not exten-d to the manifestly graver offense abovo noted. — Code Commissioner's Note. Cal. Eep. Cit. 47, 130; 103, 493. § 77. Sections to apply to administrative and ministerial ofiB.cers. The various provisions of this chapter apply to administrative and ministerial officers, in the same manner as if they were mentioned therein. En. February 14, 1872. TITLE VI. OF CRIMES AGAINST THE LEGISLATIVE POWER. § SI. Preventing the meeting of the legislature. § i>2. Disturbing the legislature w-hile in sesssion. § S3. Altering draft of bill or resolution. § S4. Altering enrolled copy of bill or resolution. § S.'j. Giving or offering bribes to members of the legislature. § 86. Receiving bribes by members of the legislature. § 87. Witnesses refusing to attend, etc., before the legislature. § S8. Bribes by members of the legislature. § 89. Lobbying. § 81. Preventing the meeting of the legislature. Every person who willfully, and by force or fraud, prevenj;s the legislature of this state, or either of the houses composing it, or any of the members thereof, from meeting or organiz- ing, is guilty of felony. En. February 14, 1872. §§ 82-S6 CRIMES AGAINST LEGISLATIVE POWER. 68 § 82. Disturbing the legislature while in session. Every person -vvho 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 pro- ceedings or impair the respect due to its authority, is guilty of a misdemeanor. En. February 14, 1872. § 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 compos- ing the legislature, to be passed or adopted, with intent to procure 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. En. February 14, 1872. ' § 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 legislature of this state, with intent to procure it to be approved by the governor, or certified by the secretary of state, or printed or published by the printer of the statutes, in language different from that in which it was passed or adopted by the legislature, is guilty of felonj'. En. Feb- ruary 14, 1872. § 85. Giving or offering bribes to members of the legis- lature. Every person who gives or offers to give a bribe to any member of the legislature, or to another person for him, or attempts by menace, deceit, suppression of truth, or any corrupt means, to influence a member in giving or withholding his vote, or in not attending the house or any committee of which he is a member, is punishable by im- jtrisonment in the state prison not less than one nor more than ten years. En. February 14, 1872. Bribery: See ante, sees. 67, 68. § 86. Iveceiving bribes by members of the legislature. Every member of either of the houses composing the legis- lature of this state who asks, receives, or agrees to re- ceive any bribe upon any understanding that his official vote, opinion, judgment, or action shall be influenced there- by, or shall be given in any particular manner, or upon any particular side of any question or matter upon which he 69 CRIMES AGAINST LEGISLATIVE POWER. §§ 87-8y may be required to aet in his official capacity, or gives, or offers, or promises to give any official vote in consideration that another member of the legislature shall give any such vote, either upon the same or another question, is punish- able by imprisonment in the state prison not less than one nor more than fourteen years, and upon conviction thereof shall, in addition to said punishment, forfeit his office, be disfranchised, and forever disqualified from holding any office or public trust. En. February 14, 1872. Am'd. 1880, 7. The section is based upon Stats. 1863, 645, sees. 1, 2, which the code commissioners in their note say was "ej^tended, however, to embrace what is known as 'log- rolling,' or agreements to exchange votes for or against measures pending before the legislature; and also so as to embrace deceits and concealments practiced upon mem- bers of the legislature to obtain their votes." And they conclude: "That what, in the technical vocabulary of poli- ticians, is termed 'log-rolling,' is a misdemeanor at common law, punishable by indictment." § 87. Witnesses refusing to attend, etc., before the legis- lature. Every person who, being summoned to attend as witness before either house of the legislature or any com- mittee thereof, refuses or neglects, without lawful excuse, to attend pursuant to such summons; and every person who, being present before either house of the legislature or any committee thereof, willfully refuses to be sworn, or to answer any material and proper question, or to produce, upon reasonable notice, any material and proper books, papers, or documents in his possession or under his control, is guilty of a misdemeanor. En. February 14, 1872. § 88. Bribes by members of the legislature. Every mem- Vxr of the legislature convicted of any crime defined in this chapter, in addition to the punishment prescribed, for- feits his office, and is forever disqualified from holding any office in this state. En. February 14, 1872. § 89. Lobbying. Every person who obtains, or seeks to obtain money or other thing of value from another person, upon a pretense, claim, or representation that he can or will improperly influence in any manner the action of any member of a legislative body in regard to any vote or legislative matter, is guilty of a felony. Upon the trial § 92 BRIBERY AND CORRUPTION. 70 no person otherwise competent as a witness shall be excused from testifying as such concerning the offense charged, on the grounds that such testimony may crim- inate himself, or subject him to public infamy, but such testimony shall not afterward be used against him in any judicial proceeding, except for perjury in giving such tes- timony. En. Stats. 1873-4, 456. Am'd. 1880, 7. TITLE VIL OF CEIMES AGAINST PUBLIC JUSTICE. Chapter I. Bribery and Corruption, §§ 92-100. n. Eescue, §§ 101, 102. m. Escapes and Aiding Therein, §§ 105-111. IV. Forging, Stealing, Mutilating, and Falsifying Judicial and Public Eecords and Documents, §§ 113-117. V. Perjury and Subornation of Perjury, §§ 118- 129. VI. Falsifying Evidence, §§ 132-138. VII. Other Offenses Against Public Justice, §§ 142- 181. VIII. Conspiracy, §§ 182-185. CHAPTEE I. BRIBERY AND CORRUPTION. § 92. Giving bribes to judges, jurors, referees, etc. § 93. Receiving bribes by judicial ofRcers, jurors, etc. § 94. Extortion. § 95. Improper attempts to influence jurors, referees, etc. § 96. Misconduct of jurors, referees, etc. § 97. Justice or constable purchasing judgment. 8 9S. Officers convicted of, disfranchised. § 99. Superintendent of printing, interest in contracts, etc. § 100. Superintendent of state printing, penalty for collusion. § 92. Giving bribes to judges, jurors, referees, etc. Every person who gives or offers to give a bribe to any judicial officer, juror, referee, arbitrator, or umpire, or to any person who may be authorized by law to hear or determine any question or controversy, with intent to in- fluence his vote, opinion, or decision upon any matter or 71 BRIBERY AND CORRUPTION. 5§ »3-96 question which is or may be brought before him for de- cision, is punishable by imprisonment in the state prison not less than one nor more than ten years. En. February 14, 1872. Bribery of executive officers: See ante, sec. 67. § 93. Receiving bribes by judicial oflacers, jurors, etc. Every judicial officer, juror, referee, arbitrator, or um- pire, and every person authorized by law to hear or deter- mine any question or controversy, who asks, receives, or agrees to receive, any bribe, upon any agreement or un- derstanding that' his vote, opinion, or decision upon any matters or question which is or may be brought before him for decision, shall be influenced thereby, is punishable by imprisonment in the state prison not less than one nor more than ten years. En. February 14, 18/2. Cal. Eep. Cit. 46, 652; 64, 436; 99, 328; 99, 330. § 94. Extortion. Every judicial officer who asks or re- ceives any emolument, gratuity, or reward, or any prom- ise thereof, except such as may be authorized by law, for doing any official act, is guilty of a misdemeanor. Every judicial officer who shall ask or receive the wflole or any part of the fees allowed by law to any stenographer or reporter appointed by him, or any other person, to re- cord the proceedings of any court or investigation held by him, shall be guilty of a misdemeanor, and upon con- viction 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 appointment or re- tention 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. En. February 14, 1872. Am'd. 1895, 30. Extortion by executive officer: See ante, sec. 70. § 95. Improper attempts to influence jurors, referees, etc. Every person who (forruptly 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 re- spect to his verdict in, or decision of any cause or pro- ceeding, pending or about to be brought before him, either: 1, By means of any communication, oral or written, had with him except in the regular course of proceedings; §§ 96-99 BRIBERY AND CORRUPTION. 72 2. By means of any book, paper, or instrument exhibited, otherwise than in the regular course of proceedings; 3. By means of any threat, intimidation, persuasion, or entreaty; or, 4. By means of any promise, or assurance of any pe- cuniary or other advantage; — is punishable by fine not exceeding five thousand dol- lars, or by imprisonment in the state prison not exceeding five years. En. February 14, 1872. Am'd. 1873-4, 424. Cal. Eep. Cit. 61, 135; 64, 436; 121, 389. § 96. Misconduct of jurors, referees, etc. Every juror, or person drawn or summoned as a juror, or chosen arbi- trator or umpire, or appointed referee, who either: 1. Makes any promise or agreement to give a verdict or decision for or against any party; or, 2. Willfully and corruptly permits any communication to be made to him, or receives any book, paper, instrument, or information relating to any cause or matter pending be- fore 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 ex- ceeding five years. En. February 14, 1872. Am'd. 1873-4, 42. Cal. Eep. Cit. 64, 436; 99, 330. § 97. Justice or constable purchasing judgment. Every justice of the peace or constable of the same township who purchases or is interested in the purchase of any judgment or part thereof on the docket of, or on any docket in possession of, such justice, is guilty of a misde- meanor. En. February 14, 1872. § 98. Oflacers convicted of, disfranchised. Every ofScer convicted of any crime defined in this chapter, in addition to the punishment prescribed, forfeits his ofiice, and is forever disqualified from holding any office in this state. En. February 14, 1872. § 99. Superintendent of printing, interest in contracts, etc. 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 73 BRIBERY AND CORRUPTION. § 100 he, during said period, be interested either directly or indirectly, 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 interested in any contract for furnishing paper, or other printing stock or material, to or for use in his said office; and any violations of these provisions shall subject him, on conviction before a court of competent jurisdiction, to imprisonment in the state prison for a term of not loss than two years nor more than five years, and to a fine oi' not less than one thousand dollars nor more than three thousand dollars, or by both such fine and imprisonment. En. Stats. 1875-6, 19. Am'd. 1877-8, 11; 1895, 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 per- sons, or has any secret understanding with him or them, by himself or through others, to defraud the state, or by which the state is defrauded or made to sustain a loss, contrary to the true intent and meaning of this chapter, he, upon con- viction thereof, forfeits his office, and is subject to imprison- ment 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. En. Stats, 1875-6, 19, Am'd. 1905, 647. The change consists in the omission of the word "said" before "su- perintendent," the Insertion of the word "chapter" in place of "act," and the. omission of the phrase "in any court of competent jurisdic- tion," it being entirely unnecessary. — Code Commissioner's Note. Section 5 of an act entitled "An act to amend the Poli- tical and Penal Codes, concerning public printing, and for other purposes," approved April 3, 1876 (see Amendments 1875-6, 16), embraced sections 99 and 100 of the Penal Code. That act also amended a number of the sections of the Political Code, relating to the public printing, and the reference in section 100 is intended to be to that act, and not to the Penal Code, §§ 101-105 CHAPTER II. RESCUES. § 101. Rescuing prisoners. § 102. Retaking goods from custody of officer. § 101. Rescuing prisoners. Every person who rescues or attempts to rescue, or aids another person in rescuing or attempting to rescue, any prisoner from any prison, or from any officer or person having him in lawful custody, is pun- ishable as follows: 1. If such prisoner was in custody upon a conviction of felony punishable with 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 was in custody upon a charge of felony: by a fine not exceeding one thousand dollars, and imprisonment in the county jail not exceeding two years; 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 jaU not exceeding six months. En. February 14, 1872. § 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 attempt- ing to take, from the custody of any officer or person any personal property which such officer or person has in charge under any process of law, is guilty of a mis- demeanor. En. February 14, 1872. CHAPTER III. ESCAPES, AND AIDING THEREIN. § 105. Escapes from state prison, punishment 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 an 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 75 ESCAPES, AND AIDING THEREIN. 5§ 107, 108 life, who escapes therefrom, is pimishable by imprisonment in a state prison for a term of not less than one year; said second term of imprisonment to commence from the time he would otherwise have been discharged from said prison. En. February 14, 1872. Ara'd. 1880, 42; 1905, 723. 105. The present section is open to the objection that the punishment prescribed is unequal, not proportionate to the offense, and its con- stitutionality on that account has been sometimes doubted. The cases of State V. Lewin (Kan.), 37 Pac. Rep. 168; Barbier v. Connolly, 113 U. S. 27; Coon Hing v. Crowley, 113 U. S. 703; Hayes v. Missouri, 120 U. S. 6S; Home Ins. Co. v. N. Y. 134 U. S. 591; Pembina Mng.. Co. V. Penn., 125 U. S. ISl; Crowley v. Christenson, 137 U. S. 86; Tick Wo V. Hopkins, US U. S. 358; Civil Rights Cases, 103 U. S. 3, are cited in behalf of this view. The amendment is strongly urged by the district attorney of Marin County.— Code Commmissloner's Note. Cal. Eep. Cit. 88, 170; 132, 348; 135, 343; 145, 664. See section 109 of this code for the punishment imposed in this state upon a person who assists a prisoner con- fined in any prison, or in th3 lawful custody of any officer or person, to escape. Escape s iffered by officers: Post, sec. 108. Ejlling escaped prisoner is justifiable, when: See post, sec. 196. § 106. Attempt to escape from state prison. Every prisoner confined in the state prison for a term less than for life, who attempts 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. En. February 14, 1872. Am'd. 1880, 42. § 107. Escapes from other than state prison. Every prisoner confined in any other prison than a state prison, who escapes or attempts to escape therv;from, is guilty of a misdemeanor. En. February 14, 1872. § 108. Ofiacers 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 per- mits the escape of any prisoner in custody, is punishable by imprisonment in the state prison not exceeding ten years, an^l fine not exceeding ten thousand dollars. En, February 14, 1872. §§ 109-lU ESCAPES, AND AIDING THEREIN. 76 § 109. Assisting prisoners to escape. Every person who willfully assists any prisoner confined in any .prison or jail, or any inmate of any public training school or reformatory, or any person in the lawful custody of any of3Scer 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. En. February 14, 1872. Am'd. 1905, 647. 109. The amendment is designed to make it punishable to assist the escape of inmates of reformatories, and to accomplish this end the following insertions have been made: The words "or jail, or reforma- tory," the words "or any person," and the words "or jail, or public training school, or reformatory." — Code Commissioner's Note. § 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 pris- oner or inmate in making his escape, with intent thereby to facilitate the escape of any prisoner or inmate confined there- in, is punishable as provided in section one • hundred and eight. En. February 14, 1872. Am'd. 1905, 647. 110. The change is in line with the proposed change in section 109, The words "jail, public training school, or reformatory" are in- serted, and the words "or inmate" are added after "prisoner."— Code Commissioner's Note. § 111. Expense of trial for escape. Whenever a trial is had of any person under any of the provisions of sections one hundred and five and one hundred and six, and whenever a convict in the state prison is tried for any crime committed therein, the county clerk of the county where such trial is had must make out a statement of all the costs incurred by the county for the trial of such case, and of guarding and keeping such convict, and of the execution of the sen- tence of such convict, properly certified to by a judge of the superior court of such county, which statement must be sent to the board of state prison directors for their approval; and after such approval, said board must cause the amount of such costs to be paid out of the money appropriated for the support of the state prison, to the county treasurer of the county where such trial was had. En. Stats. 1880, 9. Am'd. 1905, 774. ill. The change consists in the insertion of the words "an-d of the execution of the sentence of such convict," after "convict," and sub- stitution of the words "judge of the superior court of such county" ror "superior judge of said county." It is manifestly proper that the county should be recouped for the expenses covered by the amendment.— Code Commissioner's Note. 109. Any person who wilfully assists any paroled prisoner ose parole has been revoked, any escape, any prisoner iflned in any prison or jail, or any inmate of any public ining school or reformatory, or any pei-son in the lawful stody of any officer or person, to escape, or in an attempt escape from such prison or jail, or public training school reformatory, or custody, is punishable as provided in sec- n one hundred and eight of the Penal Code. (In effect irch 15, 1907.) FORGING, ETC., PUBLIC RECORDS. §§ 113-116 CHAPTER IV. FORGING, STEALING, MUTILATING, AND FALSIFYING JUDI- CIAL AND PUBLIC RECORDS AND DOCUMENTS. § 113. Larceny, 'destruction, etc., of records by officers. 5 114'. Larceny, destruction, etc., of records by others. S 11.). Offering false Or forged instruments to be recorded. § 116. Adding names, etc., to jury lists. § 117. Falsifying jury lists, etc. § 113. Larceny, destruction, etc., of records by oflS.cers. 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, who is guilty of stealing, willfully destroying, mutilating, defacing, altering or falsifying, removing or secreting the whole or any part of such record, map, book, paper, or proceeding, or who permits any other person so to do, is punishable by imprisonment in the state prison not less than one nor more than fourteen years. En. Feb- ruary 14, 1872. Cal. Rep. Cit. 96, 174; 9G, 175; 96, 179; 96, 180. § 114. Larceny, destruction, etc., of records by others. Every person not an officer such as is referred to in the preceding section, who is guilty of any of the acts specified in that section, is punishable by imprisonment in the state prison not exceeding five years, or in a county jail not exceeding one year, or by a fine not exceeding one hundred dollars, or by both. En. February 14, 1872. Cal. Rep. Cit. 96, 174; 96, 180. § 115. Offering false or forged instruments to be re- corded. Every person who knowingly procures or offers any false or forged instrument to be filed, registered, or recorded in any public office within this state, which instru- ment, if genuine, might be filed, or registered, or recorded under any law of this state, or of the United States, is guilty of felony. En. February 14, 1872. Cal. Rep. Cit. 84, 569; 133, 2. § 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 otherwise, or extracts any name there- §§ 117, 118 PERJURY AND SUBORNATION OF PERJURY. 78 from, or destroys the jury-bos, or any of the pieces of paper containing the names of jurors, or mutilates or de- faces such names so that the same cannot be read, or changes such names on the pieces of paper, except in eases allowed by law, is guilty of a felony. En. February 14, 1872. Am'd. 1873-4, 425. § 117. Falsifying jury lists, etc. Every officer or person required by law to certify to the list of persons selected as jurors, who maliciously, corruptly, or willfully certifies to a false or incorrect list, or a list containing other names than those selected, or who, being required by law to write down the names placed on the certified lists on separate pieces of paper, does not write down 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 lists, is guilty of a felony. En. February 14, 1872. CHAPTEE V. PERJURY AND SUBORNATION OF PERJURY. § 118. Perjury defined. § llSa. False affidavits as to affiant's testimony. § 119. Oath defined. § 120. Oath of office. § 121. Irregularity in administering. § 122. Incompetency of witness no defense. § 123. 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 persons. § 129. False return whether oath is taken or not. § 118. Perjury defined. Every person who, having taken an oath that he will testify, declare, depose, or certify truly before any competent tribunal, officer, or person in any of the eases in which such an oath may by law be administered, willfully and contrary to such oath states aa true any material matter which he knows to be false, is guilty of perjury. En. February 14, 1872. Cal. Eep. Cit. 54, 528; 59, 374; 59, 379; 63, 63; 64, 271; 103, 427; 111, 658; 113, 75; 117, 682; 120, 132; 120, 134; 120, 135; 122, 680; 131, 260; 133, 368; 136, 392; 137, 264; 137, 266; 146, 115; 146, 117; 146, 118. See post, sec. 121, as to oaths administered in an ir- regular manner. 79 PERJURY AND SUBORNATION OF PERJURY. §§ U8a-121 § 118a. False affidavits as to affiant's testimony. Any person who, in any affidavit taken before any person au- thorized to administer oaths, swears, affirms, declares, de- poses, 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 willfully 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 subse- quent testimony of such person, in any action involving the matters in such affidavit contained, which is contrary to any of the matters in such affidavit contained, shall be prima facie evidence that the matters in such affidavit were false. En. Stats. 1905, 648. The object of this new section is to punish those who Instigate Utiga- tion by malting 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. — Code Commmissioner's Note. § 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. En. February 14, 1872. Am'd. 1905, 648. The change consists in the substitution of the words "two sections" for "section." The change is made necessary by the addition of sec- tion llSa to the Code. — Code Commissioner's Note. Cal. Eep. Cit. 133, 370. Manner of administering oath. — That mode of swearing which the witness believes most obligatory may be adopted. No special form of oath or affirmation is required: Code Civ. Proc, sees. 2093-2097; see also sec. 121, post. § 120. Oath of office. So much of an oath of office as relates to the future performance of official duties is not TOch an oath as is intended by the two preceding sections. Bn. February 14, 1872. Oath of office: See Pol. Code, sees. 904 et seq. § 121. Irregularity in administering oath. It is no de- fense to a prosecution for perjury that the oath was admin- istered or taken in an irregular manner, or that the per- son accused of perjury did not go before, or was not in the presence of, the officer purporting to administer the §§ 122-125 PERJURY AND SUBORNATION OF PERJURY. SO oath, if such accused caused or procured such officer to cer- tify that the oath had been taken or administered. En. February 14, 1872. Am'd. 1905, 648. The matter following the word "manner" is new. The object of the amendment is to cut off the defense sometimes successfuly made in perjury cases, that the defendant did not in fact go before the offi- cer and take oath, it being at the same time admitted that he sent the affidavit to the officer with the Intention that he should certify to it, an-1 with the intention that it should be used as valia. — Code Commissioner's Note. Cal. Eep. Cit, 64, 271; 118, 80; 131, 256; 139, 601. § 122. Incompetency of witness no defense. It is no de- fense to a prosecution for perjury that the accused was not competent to give the testimony, deposition, or certifi- cate of which falsehood is alleged. It is sufficient that he did give such testimony or make such deposition or certificate. En. February 14, 1872. Cal. Eep. Cit. 64, 271. § 123. Knowledge of materiality of testimony not neces- sary. 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 suffi- cient that it was material, and might have been used to affect such proceeding. En. February 14, 1872. Cal. Eep. Cit. 82, 610. § 124. Deposition, when deemed to be complete. The making of a deposition, 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 person, with the intent that it be uttered or published as true. En. February 14, 1872. Am'd. 1905, 648. The change consists in the addition of the word "affidavit." The pur- pose Is of the same character as that of the amendment to the pre- ceding section. — Co'de Commissioner's Note. Cal. Eep. Cit. 117, 682; 118, 51; 137, 221. § 125. Statement of that which one does not know to be true. An unqualified statement of that which one does not know to be true is equivalent to a statement of that which one knows to be false. En. February 14, 1872. Cal. Eep. Cit. 120, 132; 120, 134; 120, 136. Si FALSIFYING EVIDENCE. §§ 126-132 § 126. Punishment of perjury. Perjury is punishable by imprisonment in the state prison not less than one, nor more than fourteen years. En. February 14, 1872. § 127. Subornation of perjury. Every person who will- fully procures another person to commit perjury is guilty of subornation of perjury, and is punishable in the same manner as he would be if personally guilty of the perjury so procured. En. February 14, 1872. § 128. Procuring the execution of innocent persons. Every person who, by willful perjury or subordination of perjury, procures the conviction and execution of any innocent person, is punishable by death. En. February 14, 1872. § 129. False return, 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 de- livers any such return, statement, or report, purporting to be under oath, knowing the same to be false in any particu- lar, is guilty of perjury, whether such oath was in fact taken or not. En. Stats. 1905, 649. The object of the section is similar to that of hte proposed amend- ment to section 121. (See People v. Simpton, 133 Cal. 367.)— Code Com- missioner's Note. CHAPTEE 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. 5 137. Bribing witnesses. § 138. Receiving or offering to receive bribes. § 132. Offering false evidence. Every person who, upon any trial, proceeding, inquiry, or investigation whatever, authorized or permitted by law, offers in evidence, as genuine or true, any book, paper, document, record, or other instrument in writing, knowing the same to have been forged, or fraudulently altered or antedated, is guilty of felony. En. February 14, 1872. Pen. Code— 6 §§ 133-138 FALSIFYING EVIDENCE. 82 § 133, Deceiving a witness. Every person who prac- tices 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 what- ever, authorized by law, with intent to affect the testimony of such witness, is guiltv of a misdemeanor. En. February 14, 1872. § 134. Preparing false evidence. Every person guilty of preparing any false or antedated book, paper, record, instrument 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, proceeding, or inquiry whatever, authorized by law, la guilty of felony. En. February 14, 1872. § 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 evi- dence upon any trial, inquiry, or investigation whatever, authorized by law, willfully destroys or conceals the same, with intent thereby to 'prevent it from being produced, is guilty of a misdemeanor. En. February 14, 1872. § 136. Preventing or dissuading witness from attending. Every person who willfully prevents or dissuades any per- son who is or may become a witness, from attending upon any trial, proceeding, or inquiry, authorized by law, is guilty of a misdemeanor. En. February 14, 1872. § 137. Bribing witnesses. Every person who gives, or offers, or promises to give, to any witness, or person about to be called as a witness, any bribe, upon any understand- ing or agreement that the testimony of such witness shall be thereby influenced, or who attempts by any other means fraudulently to induce any person to give false or with- hold true testimony, is guilty of a felony. En. February 14, 1872. Am'd. 1873-4, 425. Cal. Kep. Cit. 78, 170;. 146, 146. § 138. Receiving or offering to receive bribes. Every person who is a witness, or is about to be called as such, who receives or offers to receive, any bribe, upon any SS OTHER OFFENSES. understanding that his testimony shall be influenced there- by, or that he will absent himself from the trial or pro- ceeding upon which his testimony is required, is guilty of a felony. En. February 14, 1872. Am'd. 1873-4, 425. CHAPTER VII. OTHER OFFENSES AG.\INST PUBLIC JUSTICE. 5 142. Officer refusing to arrest parties charged with crime. 143. Public administrator, neglect or violation of duty by. 144. Receiving fee for services in arresting fugitives. 145 Delaying to tal^e person arrested before a magistrate. 146. Making arrests, etc., without lawful authority. 147. Inhuma,pity to prisoners. § 14S. Resisting public officers. 149. Assault, etc., by officers, under color of authority. 150. Refusing to aid officers in arrest, etc. 151. Taking extra-judicial oaths. (Repealed.) 152. .\dministering extra-judicial oaths. (Repealed.) 1.53. Compounvling 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 procuring of divorce. Ifin. Misconduct by attorneys. 161. Buying demands or suit by an attorney. ^ § 161a. Fal.sely advertising as an attorney. 5 162. Attorneys forbidden to -defend prosecutions carried on by their partners or formerly by themselves. § 163. Limitation of preceding section. ^ 164. Grand juror acting after challenge has been allowed. 165. Bribing boards of supervisors, etc. § 166. Criminal contempts, i 167. False certificates by public officers. § 168. Disclosing fact of indictment having been found. § 169. Disolo.=ing what transpired before the grand jury. § nn. Maliciously procuring search warrant. 171. T'nauthorized communication with convict. § 171a. Bringing certain drugs or firearms into or near prisons. § 171b. Ex-convicts coming upon or near prison grounds. 5 171c. Tramp, vagrant, etc., coming into prison or upon grounds be- longing thereto. 5 172. Keeping intoxicating liquors within or contiguous to state build- ings. 173. Importing foreign convicts. 174. Bringing Chinese into the state. § 175. Separate and distinct prosecution. • 176. Omission of duty by public officer. § 177. Offense for which no penalty is prescribed. § 178. Officers of corporations not to employ Chinese. (Repealed.) §§ 142-146 OTHER OFFKNBKS. 84 § 179. Corporations not to employ Chinese. (Repealed.) § ISO. County treasurer receiving money. § ISOa. Bringing drugs, liquors, firearms, etc., into state's prison. (Re- pealed.) § 181. Infringement of personal liberty or attempt to assume owner- ship of persons § 142. Officer refusing to arrest parties charged with crime. Every sheriff, coroner, keeper of a jail, constable, or other peace officer, who willfully refuses to receive or arrest any person charged with a criminal offense, is pun- ishable by fine not exceeding five thousand dollars, and imprisonment in the county jail not exceeding five years. En. February 14, 1872. § 143. Public administrator, neglect or violation of duty by. Every person holding the oSice of public adminis- trator, who willfully refuses or neglects to perform the duties thereof, or who violates any provision of law re- lating 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 imprison- ment in the county jail not exceeding two years, or both. En. February 14, 187'2. § 144. Receiving fee for services in arresting fugitives. Every person who violates any of the provisions of sec- tion *one thousand five hundred and fifty-eight is guilty of a misdemeanor. En. February 14, 1872. The section referred to relates to fees or compensation allowed persons for pursuing and securing the extradition of fugitive from justice. § 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 juris- diction, to take his examination, is guilty of a misde- meanor. En. February 14, 1872. § 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 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 S5 OTHER OFFENSES. §§ 147-150 a regular process or other lawful authority therefor, is guilty of a misdemeanor. En. February 14, 1872. § 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. En. February 14, 1872. § 148. Resisting public officers. Every person who will- fully resists, delays, or obstructs any public officer, in the discharge or attempt to discharge any duty of his office, when no other punishment is prescribed, is punish- able by fine not exceeding five thousand dollars, and im- prisonment in the county jail not exceeding five years. En. February 14, 1872. Cal. Eep. Cit. 59, 370; 120, 281. Resisting officers: Sec. 69. § 149. Assault, etc., by officers, under color of authority. Every public officer who, under color of authority, without lawful necessity, assaults or beats any person, is punish- able by fine not exceeding five thousand dollars, and im- prisonment in the county jail not exceeding five years. En. February 14, 1872. § 150. Refusing to aid officers in arrest, etc. Every male person above eighteen years of age who neglects or refuses to join the posse comitatus 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 pun- ishable by fine of not less than fifty nor more than one thousand dollars. En. February 14, 1872. Act to authorize supervisors to pay expenses of posse comitatus: See post, Appendix, title Supervisors. §§ 151-155 OTHER OFFENSES. tf § 151. Taking extra-judicial oaths. (Eepealed.) En. February 14, 1872. Eep. Stats. 1873-4, 425. § 152. Administering extra-judicial oaths. (Eepealed.) En. February 14, 1872. Eep. Stats. 1873-4, 42.5. § 153. Compounding crimes. Every person who, having knowledge of the actual 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 for 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 iive years, or in a county jail not exceeding one year, where the crime was punishable by death or imprisonment in tiie 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 was a niisdemeanor. En. February 14, 1872. Cal. Eep. Cit. 103, 676; 103, 677. Compromising certain offenses: Post, sees. 1377-1379. § 154. Debtor fraudulently concealing his property. Every debtor who fraudulent)}^ removes his property or effects out of this state, or fraudulently sells, conveys, assigns, 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. En. February 14, 1872. Cal. Eep. Cit. 103, 354. § 155. Defendant fraudulently concealing his property. Every person against whom an action is pending or against whom a judgment has been rendered for the recovery of any personal property, who fraudulently conceals, sells, 87 OTHER OFFENSES. §§ 156-159a or disposes x)f 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. En. February 14, 1872. § 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 re- ceive a share of any personal estate, with intent to inter- cept the inheritance of any such real estate, or the dis- tribution of any such personal estate from any person lawfully entitled thereto, is punishable by imprisonment in the state prison not exceeding ten years. En. February 14, 1872. § 157. Substituting one child for another. Every person to whom an infant has been confided for nursing, education, or any other purpose, who, with intent to deceive any par- ent or guardian of such child, substitutes or produces to such parent or guardian another child in the place of the one so confided, is punishable by imprisonment in the state prison not exceeding seven years. En. February 14, 1872. § 158. Common barratry defined. How punished. Com- mon barratry is the practice of exciting groundless judicial proceedings, and is punishable by imprisonment in the county jail not exceeding six months, and by fine not ex- ceeding five hundred dollars. En. Pebrurry 14, 1872. § 159. What proof is required. No person can be con- victed of common barratry except upon proof that he has excited suits or proceedings at law in at least three in- stances, and with a corrupt or malicious intent to vex and annoy. En. February 14, 1872. § 15914. Number changed to 159a. See § 159a, post. § 159a. Advertising procuring of divorce. Whoever ad- vertises, prints, publishes, distributes, or circulates, or causes to be advertised, printed, published, distributed, or circu- lated, any circular, pamphlet, card, handbill, advertisement, §§ 160-162 OTHER OFFENSES. 88 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 an- nulment 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 print- ing or publishing of any notice or advertisement required or authorized by any law of this state. En. Stats. 1891, 279. Am'd. 1893, 48; 1905, 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 account of any money which he has not laid out or become answerable for; — is guilty of a misdemeanor. En. February 14, 1872. Disbarring attorneys: See Code Civ. Proc. sec. 287. § 161. Buying demands or suit by an attorney. Every attorney who, either directly or indirectly, buys, or is interested in buying any evidence of debt or thing in action, with intent to bring suit thereon, is guilty of a misdemeanor. En. February 14, 1872. Cal. Rep. Cit. 68, 81; 98, 524; 143, 527. § 161a. Palsely advertising as an attorney. 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. En. Stats. 1905, 649. This section, which is a new one, is self-explanatory.— Code Commis- sioner's Note. § 162. Attorneys forbiaden 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 proceed- 89 OTHER OFFENSES. §§ 163-165 ing 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 indirectly 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 or other public prosecutor, afterwards, directly 01 indirectly, advises in relation to or takes any part in, the defense thereof, as attorney or otherwise, or who takes or receives any valuable 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 prescribed therefor, forfeits his license to practice law. En. February 14, 1872. Cal. Eep. Cit. 69, 59. § 163. Limitation of preceding section. The preceding section does not prohibit an attorney from defending him- self in person, as attorney or counsel, when prosecuted, either civilly or criminally. En. February 14, 1872. § 164. Grand juror acting after challenge has been al- lowed. Every grand juror who, with knowledge that a challenge interposed against him by a defendant has been allowed, is present at, or takes part, or attempts to take part in the consideration of the charge against the de- fendant who interposed the challenge, or the deliberations of the grand jury thereon, is guilty of a misdemeanor. En. February 14, 1872. § 165. Bribing boards of supervisors, etc. Every person who gives or offers a bribe to any member of any com- mon 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 who receives, or agrees to receive any bribe upon any understanding that his official vote, opinion, judg- ment, or action shall be influenced thereby, or shall be given in any particular manner or upon any particula- side of any question or matter, upon which he may be required to act in his official capacity, is punishable by imprisonment in the § 166 OTHER OFFENSES. 30 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 anv public office or trust. En. Feb- ruary 14, 1872. Am'd. 1905, 650. The word "public" is inserted before the word "corporation," as the section was undoubtedly intended to apply to bodies and authorities of a public character. The words "of which is afterward to be con- sidered by" are inserted. The words "upon any understanding that his official vote, opinion, judgment, or action shall be influenced there- by, or shall be given in any particular manner or upon any particu- lar 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 origi- nal Code Commission, but were .inserted as a committee amend- ment two years ago. The added words "in addition to said punish- ment" were likewise Inserted by said committee. The first two changes are code revision; the last two changes are, in a measure, new legislation, but we think them good. — Code Commissioner's Note. Cal. Eep. Cit. 93, 631; 110, 372; 110, 374. § 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 impair the respect due to its authority; 2. Behavior of the like character committed in the presence of any referee, while actually engaged in any trial or hearing, pursuant to the order of any court, or in the presence of any jury while actually sitting for the trial of a cause, or upon any inquest or other proceedings authorized by law; 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 law- fully issued by any court; 5. Eesistance willfully offered by any person to the lawful 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 re- fusal to answer any material question; 7. The publication of a false or grossly inaccurate re- port of the proceedings of any court; 91 OTHER OFFENSES. §§ 167-170 8. Presenting to any court having power to pass sen- tence upon any prisoner under conviction, or to any mem- ber of such court, any affidavit, or testimony, or representa- tion of any kind, verbal or written, in aggravation or miti- gation of the punishment to be imposed upon such prisoner, except as provided in this code. En. February 14, 1872. Cal. Eep. Cit. 64, 438; 69, 543; 99, 361. Contempt punishable as a crime: Post, sec. ,657. Contempts. — Power of court to punish: Code Civ. Proc, sees. 128, 177, 178. § 167. False certificates by public officers. Every public officer authorized by law to make or give any certificate or other writing, who makes and delivers as true any such certificate or writing, containing statements which he knows to be false, is guilty of a misdemeanor. En. February 14, 1872. § 168. Disclosing fact of indictment having been found. Every gra,nd juror, district attorney, clerk, judge or other officer who, except 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 defend- ant has been arrested, is guilty of a misdemeanor. En. Feb- ruary 14, 1872. Am'd. 1905, 650. "Presentment" is stricken out and "information" inserted in its place, for the reason that under the Constitution of 1879 there is no prose- cution by presentment, that portion of this section (originally passed in 1S72) having been superseded by the Constitution. — Code Commis- sioner's Note. Cal. Eep. Cit. 63, 424. § 169. 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 wliieh 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. En. February 14, 1872. § 170. Maliciously procuring search warrant. Every per- son who maliciously and without probable cause procures a search warrant or warrant of arrest to be issued and §§ 171-171e OTHER OFFENSES. 92 executed, is guilty of a misdemeanor. En. February 14, 1872. § 171. Unauthorized communication with convict. Every person, not authorized b}^ law, who, without the permis- sion 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 read- ing matter to or from any convict or person confined therein, is guilty of a misdemeanor. En. February 14, 1872. Am'd. 1905, 651. 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." — Code Commissioner's Note. § 171a. Bringing certain drugs or firearms into or near prisons. Any person, uot authorized by law, who brings into any state prison, jail, or reformatory 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. En. Stats. 1905, 651. 171a, 171b, 17c,lS0a. Sections 171a, 171b, 171c contam the matter now contained in section ISOa, and also a codification of the provisions ot the statute of 1S9.5, page 92. — Code Commissioner's Note. § 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, with- out the consent of the warden or other officer in charge of any state prison or reformatory in this state, comes upon the grounds of any such institution, or lands belonging or adjacent thereto, in the night-time, is guilty of a felony. En. Stats. 1905, 651. See note to § 171a, ante. § 171c. Tramp, vagrant, etc., coming into prison or upon grounds belonging thereto. Any tramp, vagrant, or person who is a known associate of thieves, who comes into any state reformatory in this state, or upon the grounds belong- ing or adjacent thereto, and communicates with any of the inmates of such institution, without the consent of the superintendent or other person having charge thereof, or who visits or communicates with any paroled pupil or inmate of 173. Every person who, within half a mile of the land jlonging to this state upon which any state prison, or ithin nineteen hundred feet of the land belonging to this ate upon which any reformatory, is situated, or within le mile of the grounds belonging to the University of alifornia at Berkeley, or within one and one-half miles : the lands occupied by any home, retreat, or asylum for isabled volunteer soldiers or sailors, established or to be 5tablished by this state, or by the United States within lis state, or within the State Capitol or within the limits f the grounds adjacent and belonging thereto sells, gives way, or exposes for sale, any vinous or alcoholic liquors, ; guilty of a misdemeanor. (In effect March 6, 1907.) 93 OTHER OFFENSES. §§ 172-174 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. En. Stats. 1905, 651. See note to § 171a, ante. § 172. Keeping intoxicating liquors within or contiguous to state buildings. 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 lands 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 capi- tol, or within the limits of the grounds adjacent and be- longing thereto, sells, gives away, or exposes for sale, any vinuous or alcoholic liquors, is guilty of a misdemeanor. En. February 14, 1872. Am'd. 1875-6, 109; 1905, 652. The amendment consolidates the provisions of the present section 172 with a codification of the statutes of 1S73-4, page 12; 1S80, page SO and 1895, page 161, relating to the state university, soldiers' homes and state capitol. There is no new legislation In the section. — Cod^ Commissioner's Note. Cal. Eep. Cit. 61, 437. Act to prevent sale of liquors near Soldiers' Home: See post, Appendix, title Intoxicating Liquors. Act to prohibit sale of intoxicants in state capitol: See post. Appendix, title Intoxicating Liquors. Act to prohibit sale of intoxicants near state university: See post, Appendix, title Intoxicating Liquors. § 1< ^. Importing foreign convicts. 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 person who is a foreign convict of any crime which, if committed within this state, would be punishable 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. En. February 14, 1872. § 174. Bringing Chinese into the state. Every person bringing to or landing within this state any person born §§ 175-178 OTHER OFFENSES. 94 either in the empire of China or Japan, or the islands ad- jacent to the empire of China, without first presenting to the commissioner of immigration evidence satisfactory to such commissioner that such person desires voluntarily to come into this state, and is a person of good character, and obtaining from such commissioner a permit describing such person 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. En. February 14, 1872. § 175. Separate and distinct prosecution. Every indi- vidual person of the classes referred to in the two preced- ing sections, brought to or landed within this state con- trary to the provisions of such sections, renders the person bringing or landing liable to a separate prosecution and penalty. En. February 14, 1872. § 176. Omission of duty by public ofiQ.cer. Every willful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or em- ployment, where no special provision shall have been made for the punishment of such delinquency, is punishable as a misdemeanor. En. February 14, 1872. Cal. Eep. Cit. 47, 130; 47, 131; 84, 310. § 177. Offense for which no penalty is prescribed. 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 misde- meanor. En. February 14, 1872. Am'd. 1873-4, 426. Cal. Eep. Cit. 62, 310. § 178. Officers of corporations not to employ Chinese. En. Stats. 1880, 1. Eep. 1905, 652. 178, 179. These sections were^ in the Circuit Court of the United States, Ninth Judicial District, explicitly held to be in violation o£ 95 OTHER OFFENSES. §§ 179-lSl the Constitution of the United States, on May 22, ISSO. (In re Par- rott, 5 Pac. Coast L. J. 161.) They are now obsolete. An ordinance in somewhat similar terms was also held unconstltuional in Kx Parte Kerboch, 85 Cal. 274.— Code Commissioner's Note. § 179. Corporations not to employ Chinese, En. Stats. 1880, 2. Eep. 1905, 652. See note to § 178, ante. § 180. County treasurer receiving money. 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 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 imprisonment in the discretion of the court, and, in addition thereto, shall forfeit his office. En. Stats. 1897, 56. §180a. Bringing drugs, liquors, firearms, etc., into State's prison; repealed. En. Stats. 1899, 4. Am'd. 1901, 107. Eep. 1905, 652. See note to § 171a, ante. § 181. Infringement of personal liberty or attempt to assume ownership of persons. Every person who holds, or attempts to hold, any person in involuntary servitude, or assumes, or attempts to assume, rights of ownership 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 who 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 con- trol, or who knowingly aids or assists in any manner any one thus offending, is punishable by imprisonment in the §§ 1S2, 1S3 CONSPIRACY. 9« state prison not less than one nor more than ten years. En. 1901, 330. Cal. Eep. Cit. 81, 472. CHAPTER VIII. CONSPIRACY. § 1S2. 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 — 1. To commit any crime; 2. Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime; 3. Falsely to move or maintain any suit, action, or pro- ceeding; 4. To cheat and defraud any person of any property by any means which are in themselves criminal, or to ob- tain money or property by false pretenses; or, 5. 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 thousand dollars, or both. En. February 14, 1872. Am'd. 1873-4, 426. Cal. Rep. Cit. 105, 263; 118, 460. Evidence on trial for conspiracy: See post, sec. 1104. § 183. No other conspiracies punishable criminally. No conspiracies, other than those enumerated in the preceding section, are punishable criminally. En. February 14, 1872. 97 CONSPIRACY. §§ 184, 185 § 18i. Overt act, when necessary. No agreement, ex- cept to commit a felony upon the person of another, or to commit arson, or burglary, amounts to a conspiracy, un- less some act, beside such agreement, be done to effect the object thereof, by one or more of the parties to such agree- ment. En. February 14, 1872. Cal. Eep. Cit. 105, 264. § 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 purpose of — ■ 1. Evading or escaping discovery, recognition, or identi- fication in the commission of any public offense; 2. 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. En. 1873-4, 426. Pen. Code— 7 § 187 HOMICIDE. i TITLE VIII. OF CRIMES AGAINST THE PERSON. Chapter I. Homicide, §§ 187-199. II. Mayhem, §§ 203, 204. III. 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. § 1S7. Murder defined. § ISS. Malice defined. § 189. Degrees of murder. § 190. Punishment of murder. § 191. Petit treason abolished. § 192. Manslaugrhter— voluntary and involuntary. § 193. Punishment of manslaughter. § 194. Deceased must die within a year and a day. § 195. Excusable homicide. § 196. Justifiable homicide by public officers. § 197. Justifiable homicide by other persons. § 19S. Bare fear not to justify killing. § 199. Justifiable and excusable homicide not punishable. § 187. Murder defined. Murder is the unlawful killing of a human being, with malice aforethought. En. Febru- ary 14, 1872. Cal. Rep. Cit. 58, 268; 58, 269; 63, 28; 63, 166; 63, 424; 65, 212; 65, 235; 68, 362; 86, 240; 99, 3; 122, 141; 137, 591; 137, 592; 142, 341; 142, 356; 145, 170; 145, 171. Degrees of murder; Post, sec. 189. 99 HOMICIDE. §§ 188-190 § 188. Malice defined. Such malice may be expressed or implied. It is express when there is manifested a deliber- ate intention unlawfully to take away the life of a fel- low-creature. It is implied, when no considerable provo- cation appears, or when the circumstances attending the killing show an abandoned and malignant heart. En. Feb- ruary 14, 1872. Cal. Eep. Cit. 58, 268; 58, 269; 65, 235; 71, 3; 71, 6: 72, 613; 76, 285; 93, 566; 120, 202; 122, 141; 123, 305; 135, 348; 139, 164; 145, 170. Malice express or implied: See ante, sec. 7, subd. 4. § 189. Degrees of murder... All murder which is perpe- trated by means of poison, or lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or which is committed in the perpetration or at- tempt 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. En. February 14, 1872. Am'd. 1873-4, 427. Cal. Rep. Cit. 57, 94; 58, 268; 58, 269; 59, 601; 63, 424; 99, 3; 121, 347; 122, 141; Ul, 231; 145, 170; 147, 273. 71, 6; 76, 285; 80, 125; 81, 567; 86, 240; 88, 271. The indictment: See post, sec. 959. Burden of proving justification or excuse: See post, sec. 1105. § 190. Punishment of murder. Every person guilty of murder in the first degree shall suffer death, or confine- ment 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. En. February 14, 1872. Am'd. 1873-4, 457. §§ 191-194 HOMICIDE. 100 Cal. Eep. Cit. 49, 178; 49, 185: 58, 268; 58, 269; 59, 357; 59, 432; 63, 170; 67, 114; 69, 176; 69, 177; 69, 179: 90, 197; 105, 495; 129, 551; 134, 258. Death penalty, how executed. — Whenever, in a proper ease, the judgment of the court directs the death of the defendant, the punishment in this state is inflicted, "by hanging the defendant by the neck until he is dead." Post, sees. 1228, 1229. Punismment for life: See post, § 671. § 191. Petit treason abolished. The rules of the com- mon law, distinguishing the killing of a master by his servant, and of a husband by his wife, as petit treason, are abolished, and these offenses are homicides, punishable in the manner prescribed by this chapter. En. February 14, 1872. § 192. Manslaughter — voluntary and involuntary. Man- slaughter is the unlawful killing of a human being, with- out 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 law- ful act which might produce death, in an unlawful manner, or without due caution and circumspection. En. February 14, 1872. Cal. Eep. Cit. 58, 268; 58, 269; 65, 212; 72, 620; SO, 125; 118, 156; 145, 721. Subd. 2—129, 552. § 193. Punishment of manslaughter. Manslaughter is punishable by imprisonment in the state prison not ex- ceeding ten years. En. February 14, 1872. § 194, Deceased must die within a year and a day. To make the killing either murder or manslaughter, it is requisite that the party die within a year and a day after the stroke received or the cause of death administered; in 101 HOMICIDE. §§ 195, 196 the computation of which the whole of the day on which the act was done shall be reckoned the first. En. February 14, 1872. Cal. Eep. Cit. 58, 268; 58, 269. § 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 provo- cation, or upon a sudden combat, when no undue advantage is taken, nor any dangerous weapon used, and when the killing is not done in a cruel or unusual manner. En. February 14, 1872. Cal. Eep. Cit. 49, 428; 58, 268; 58, 269; 80, 165. Burden of proving homicide excusable: Post, sec. 1105. § 196. Justifiable homicide by public officers. Homicide 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 committed in arresting persons charged with felony, and who are fleeing from justice "or resisting such arrest. En. February 14, 1872. Cal. Eep. Cit. 58, 268; 58, 269. As to escapes: See ante, sec. 105. Burden of proving homicide justifiable: Post, sec. 1105. § 197 HOMICIDE. 102 § 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 bodily injury upon any person; or, 2. When committed in defense of habitation, property, or person, against one who manifestly intends or endeav- ors, 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 per- son, or of a wife or husband, parent, child, master, mis- tress, 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 per- son in whose behalf the defense was made, if he was the assailant or engaged in mortal combat must really and in good faith have endeavored to decline any further strug- gle before the homicide 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. En. February 14, 1872. Cal. Eep. Cit. 58, 268; 58, 269; 60, 74; 61, 187; 61, 546; 65, 133; 65, 134; 67, 649; 82, 40; 93, 488; 106, 631; 133, 160; 141, 239. Subd. 1—118, 443. Subd. 2—89, 170; 109, 461; 111, 626 ^ 117, 196. Subd. 3—58, 250; 67, 650; 70, 523; 74, 645; 93, 488; 117, 190; 118, 269. Burden of proving homicide justifiable: See post, sec. 1105. Defense of habitation: See post, sec. 198. 103 MAYHEM. §§ 198-204 Lawful resistances, by whom and when may be made: See post, sees. 692-694. Duty to assist in arrest of felon: See post, .sec. 837. § 198. Bare fear not to justify killing. A bare fear of the commission of any of the offenses mentioned in subdi- visions two and three of the preceding section, to prevent which homicide may be lawfully committed, is not suffi- cient to justify it. But the circumstances must be suffi- cient to excite the fears of a reasonable person, and the I'aity killing must have acted under the influence of such fears alone. En. February 14, 1872. Cal. Eep. Cit. 58, 268; 58, 269; 61, 546; 65, 233; 118, 443. § 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. En. February 14, 1872. CHAPTER 11. MAYHEM. § 203. Mayhem define'J. § 204. Mayhem, how punishable. § 203. Mayhem defined. Every person who unlawfully and maliciously deprives a human being 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. En. February 14, 1872. Am'd. 1873-4, 427. Cal. Rep. Cit. 62, 512; 93, 565; 93, 567; 105, 673. § 204. Mayhem, how punishable. Mayhem is punishable by imprisonment in the state prison not exceeding fourteen years. En. February 14, 1872. §§ 207-209 KIDNAPING. 104 CHAPTEE m. KIDNAPING. § 207. Kidnaping defined. § 208. Punishment of kidnaping. § 209. Penalty for kidnaping. § 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 who forcibly takes or arrests any person, with a design to take him out of this state, without having established a claim, according to the laws of the United States, or of this state, or who hires, per- suades, entices, decoys, or seduces by false promises, mis- representations, or the like, any person to go out of this state, or to be taken or removed therefrom, for the purpose and with the intent to sell such person into slavery or in- voluntary servitude, or otherwise 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 who, being oilt of this state, abducts or takes by force or fraud any person contrary 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. En. Feb- ruary 14, 1872. Am'd. 1905, 653. Two amendments: inserting the words "or into another part of the sarae county," and inserting beginning with the word "and" and. ending with the word "thereof." The advisability of the first change is shown by the decision of the Supreme Court in Ex parte Kell, 85 Cal. 309, where it was held that the forcible removal of a person from San Pedro, Los Angeles county, to Santa Catallna island, in the same county, did not constitute kidnaping. These changes are asked for by the District Attorneys' Association. — Code Commissioner's Note. Cal. Eep. Cit. 85, 310; 89, 150. § 208. Punishment of kidnaping. Kidnaping is punish- able by imprisonment in the state prison not less than one nor more than ten years. En. February 14, 1872. § 209. Penalty for kidnaping. Every person who mali- ciously, forcibly, or fraudulently takes or entices away 105 ROBBERY. §§ 211-214 any person with intent to restrain such person and there- by to commit extortion or robbery, or exact from the rela- tives or friends of such person any money or valuable thing, is guilty of a felony, and shall be punished therefor by imprisonment in the state's prison for life, or any num- ber of years not less than ten. En. Stats. 1901, 98. CHAPTER IV. ROBBERY. § 211. Robbery defined. § 212. What fear may be an element in robbery. § 213. Punishment of robbery. § 214. Going on trains, or -doing any act thereon, for purpose of robbery. § 211. Bobbery defined. Eobbery is the felonious taking of personal property in the possession of another, from his person or immediate presence and against his will, accom- plished by means of force or fear. En. February 14, 1872. Cal. Eep. Cit. 53, 59; 56, 80; 59, 439; 67, 422; 75, 99; 80, 207; 100, 439; 116, 586; 118, 26; 141, 490; 141, 491; 141, 492; 146, 143. § 212. What fear may be an element in robbery. The fear mentioned in the last section may be either — 1. The fear of an unlawful injury to the person or prop- erty of the person robbed, or of any relative of his, or member of his family; or, 2. 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. En. February 14, 1872. Am'd. 1873-4, 427. Cal. Rep. Cit. 146, 143. § 213. Punishment of robbery. Robbery is punishable by imprisonment in the state's prison not less than one year. En. February 14, 1872. Cal. Rep. Cit. 59, 441; 60, 110; 61, 137; 69, 605; 118, 93; 138, 161. § 214. Going upon trains, or doing any act thereof, for the purpose of. Every person who goes upon or boards an^ / // § 214 ROBBERY. 106 railroad train, ear or engine, with the intention of robbing any passenger or other person on such train, car or en- gine, of any personal property thereon in the possession or care or under the control of any such . passenger 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 substance or material upon or near the track of any railroad, or who sets fire to any railroad bridge or trestle, or who shows, masks, extin- guishes or alters any light or other signal, or exhibits or compels any other person to exhibit any false light or sig- nal, 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 inten- tion of robbing any passenger or other person on such train, ear or engine, of any personal property thereon in the pos- session or charge or under the control of any such passenger or other person, is guilty of a felony. En. Stats. 1905, 653. 214, 218, 219. Section 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. £42, upon section 21S, and the sug- gestion of that court that the section be revised, there have been talcen out of that section the provisions regarding robbery and the same have been amplified and made a new section, numbered 214, to be placed in Chapter IV, of Title VII, of Fart 1. In the new sec- tion the punishment Is not prescribed as death or Imprisonment tor life at the option of the jui-y, as in section 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 convictions. Section 21S 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 ac- complished or consummated wrecking or derailment being left to sec- tion 219, and the provisions regarding robbery being provided for in section 214. Section 219 contains the matter now in section 218 regarding an accomplished 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 section 218. In short, these three sections split up section 218 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 oc- curred, so as to preclude failures to convict on account of the sever- ity of the penalty.— Code Commissioner's Note. 106a ATTEMPTS TO KILL. §§ 216-218 CHAPTEE V. ATTEMPTS TO KILL. § 216. Administering poison. ' § 217. Assault witli Intent to commit murder. § 218. Train-wrecking, intention of, punishment for. § 219. Railroad trains, when wrecked; punishment. § 216. Administering poison. Every person who, with intent to kill, administers, or causes or procures to be ad- ministered, to another, any poison or other noxious or de- structive substance or liquid, but by which death is not caused, is punishable by imprisonment in the state prison not less than ten years. En. February 14, 1872. Cal. Eep. Cit. 53, 148; 54, 54. Administering stupefyibg drugs: Post, sec. 222. § 217. Assault with intent to commit murder. Every person who assaults another with intent to commit mur- der, is punishable by imprisonment in the state prison not less than one nor more than fourteen years. En. February 14, 1872, Cal. Eep. Cit. 80, 44; 99, 232. Assault with intent to commit other felonies: Post, sec. 221. Assault with deadly weapon: Post, sec. 245. § 218. Train-wrecking, intention of, punishment for. 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, 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 fire to any railroad bridge or trestle, over which any such train, car or engine must pass, with the intention of wrecking such train, car or engine, is guilty of a felony. En. Stats. 1891, 283. Am'd. 1905, 654. See note to § 214, ante. §§ 219-221 OTHER ASSAULTS. 106b § 219. Railroad trains, when wrecked; punislunent. Every person who unlawfully 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 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 unlaw- fully sets fire to any railroad bridge or trestle over which any such train, car or engine must pass with the intention of wrecking such train, car or engine, and thus wrecks the same, is guilty of a felony and punishable with death or im- prisonment in the state prison for' life at the option of the jury trying the case. En. Stats. 1905, 655. See note to § 214, ante. Cal. Eep. Cit. Ill, 244. CHAPTEE VI. ASSAULTS WITH INTENT TO COMMIT FELONY. OTHER THAN ASSAULTS WITH INTENT TO MURDER. § 220. Assault with intent to commit rape. § 221. Other assaults. § 222. AJministering stupefying drugs. § 220. Assault with intent to commit rape. Every per- son who assaults another with intent to commit raj)e, the infamous 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. En. Feb- ruary 14, 1872. Cal. Eep. Cit. 53, 629; 65, 299; 93, 583; 98, 128; 106, 214; 109, 276; 119, 386; 136, 524; 143, 634. Eape: See post, sec. 261. § 221. Other assaults. Every person who is guilty of an assault, with intent to commit any felony, except an 107 DUELS AND CHALLENGES. §§ 222-226 assault with intent to commit murder, the punishment for which assault is not prescribed by the preceding section is punishable by imprisonment in the state prison not ex- ceeding five years, or in a county jail not exceeding one year, or by fine not exceeding five hundred dollars, or by both. En. February 14, 1872. - Cal. Eep. Git. 61, 622. Assault generally: Post, sec. 240. Assault to murder: Ante, sec. 217. Assault to commit rape: Ante, sec. 220. Assault with deadly weapon: Post, sec. 245. § 222. Administering stupefying drugs. Every person guilty of administering to another any chloroform, ether, laudanum, or other narcotic, anaesthetic, or intoxicating agent, with interest thereby to enable or assist himself or any other person to commit a felony, is guilty of felony. En. February 14, 1872. Administering poison: Ante, sec. 216. CHAPTEE Vn. 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. § 22S. Persons fighting vluels, etc., disqualified from holding ofllce, etc. § 229. Posting for not fighting. § 2.30. Duties of officers to prevent duels. § 231. Leaving the state with intent to evade laws against dueling. § 2.32. Witness' privilege. <» § 225. Duel defined. A duel is any combat with deadly weapons, fought between two or more persons by previous agreement or upon a previous quarrel. En. February 14, 1872. § 226. Punishment for fighting a duel, when death en- sues. Every person guilty of fighting any duel, from which death ensues within a year and a day, is punishable by §§ 227-230 DUELS AND CHALLENGES. 108 imprisonment in the state prison not less than one nor more than seven years. En. February 14, 1872. § 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 a county jail not exceediiig one year. En. February 14, 1872. Am'd. 1873-4, 428. § 228. Persons fighting duels, etc., disqualified from hold- ing office, etc. Any citizen of this state who shall 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 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. En. February 14, 1872. Am'd. 1873-4, 428; 1880, 8. Disqualifications: See Const. Cal., art. XX, sec. 2. Eemedies by action for injuries arising from dueling: See Civ. Code, sees. 3347, 3348. § 229. Posting for not fighting. Every person who posts or publishes another for not fighting a duel, or for not sending 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 send- ing or accepting a challenge to fight a duel, or with intent to provoke a duel, is guilty of a misdemeanor. En. Feb- ruary 14, 1872. § 230. Duties of oflacers to prevent duels. Every judge, justice of the peace, sheriff, or other officer bound to pre- serve the public peace, who has knowledge 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 pre- 109 FALSE IMPRISONMENT. §§ ZSl-'ASl vent the duel, is punishable by fine not exceeding one thou- sand dollars. En. February 14, 1872. § 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 out of this state such as is prohibited by this chapter, 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 man- ner as he would have been in case such act had been com- mitted within this state. En. February 14, 1872. § 232. Witness's privilege. No person shall be excused from testifying or answering any question upon any in- vestigation or trial for a violation of either of the provis- ions of this chapter, upon the ground that his testimony might tend to convict him of a crime. But no evidence given- upon any elimination of a person so testifying shall be received against him in any criminal prosecution or pro- ceeding. En. February 14, 1872. CHAPTER Vin. ■ 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. En. February 14, 1872. Cal. Eep. Cit. 73, 256; 77, 570; 77, 571; 85, 312. Reconfining person discharged on habeas corpus: Post, sec. 363. § 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 imprison- §§ 240-242 ASSAULT AND BATTERT. UO ment 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. En. Feb- ruary 14, 1872. Am'd. 1901, 53. Cal. Eep. Cit. 85, 312. CHAPTEE IX. ASSAULT AND BATTERT. § 240. Assault -deflned. § 241. Assault, how punished. § 242. Battery defined. § 243. Battery, how punished. § 244. Assaults with caustic chemicals. § 245. Assaults with deadly weapons. § 246. Death penalty for assault by life convict. § 240. Assaul'j defined. An assault is an unlawful at- tempt, coupled with a present ability, to commit a violent injury on the person of another. En. February 14, 1872. Cal. Eep. Cit. 59, 630; 61, 621; 65, 212; 66, 367; 69-, 604; 70, 468; 77, 636; 119, 385; 119, 386; 145, 140. § 241. Assault, how punished. An assault is punishable by fine not exceeding five hundred dollars, or by imprison- ment in the county jail not exceeding three months. En. February 14, 1872. Cal. Eep. Cit. 61, 622; 71, 624; 88, 580. Assault with deadly weapon; Post, sec. 245. Assault with intent to commit rape or crime against nature: Ante, sec. 220. Assault with intent to rob, to commit mayhem, or grand larceny: See ante, sec. 220. Assault to murder: See ante, sec. 217. Jurisdiction of police court over assault: See Pol. Code, sec. 4426. § 242. Battery defined. A battery is any willful and un- lawful use of force or violence upon the person of an- other. En. February 14, 1872. Cal. Eep. Cit. 61, 622; 65, 213. Ill ASSAULT AND BATTERY. §§ 243-^46 § 243. Battery, how punished. A battery is punishable by fine of not exceeding one thousand dollars, or by im- prisonment in the county jail not exceeding six months, or 'by both. En. February 14, 1872. Am'd. 1873-4, 428; 1875-6, 110; 1881, 11. Call. Eep. Cit. 60, 438; 61, 622; 65, 156; 65, 213. § 244. Assaults with caustic chemicals. Every person who willfully and maliciously places or throws, or causes to be placed or thrown, upon the person of another, any vitriol, corrosive acid, or caustic chemical of any nature, with the intent to injure the flesh or disfigure the body of such person, is punishable by imprisonment in the state prison not less than one nor more than fourteen years. Kn. February 14, 1872. Cal. Rep. Cit. 106, 140. § 245. Assaults with deadly weapons. Every person who commits an assault upon the person of another with a deadly weapon or instniment, or by any means or force likely to produce great bodily injury, is punishable by im- prisonment in the state prison, or in a county jail, not ex- ceeding two years, or by fine not* exceeding five thousand dollars, or by both. En. February 14, 1872. Am'd. 1873-4, 428. Cal. Rep. Cit. 53, 428; 61, 488; 61, 622; 64, 342; 65, 213; 65, 475; 65, 541; 65, 542; 70, 2; 78, 305; 81, 119; 81, 651; 99, 232; 116, 686; 118, 389; 125, 343; 125, 344; 126, 681; 141, 582. § 246. Death penalty for assault by life convict. Every person undergoing a life sentence in a state prison of this state, who, with malice aforethought, commits an as- sault upon the person of another with a deadly weapon or instrument, or by any means or force likely to produce great bodily injury, is punishable with death. En. Stats. 1901, 6. §§ 248-251 CHAPTEB X. LIBEL. § 24S. Libel defined. § 249. Punishment of libel. § 250. Malice presumed. § 251. Truth may be given in evidence. Jury to determine law anrl fact. § 252. Publication defined. § 2.53. Liability of editors and publishers. § 254. True reiKirt of public official proceedings privileged. § 255. Extent of privilege.' § 256. Other privileged communications. § 257. Threatening to publish libel. Offer to prevent. § 2.58. Cartoon or caricature, publication of. § 259. Newspaper articles to be signed. § 248. Libel defined. A libel is a malicious defamation, expressed either by writing, printing, or by signs or pic- tures, or the like, tending 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 to expose him to public hatred, contempt, or ridicule. En, February 14, 1872. Am'd. 1873-4, 428. Cal. Kep. Cit. 73, 122; 139, 119. Libel defined: See Civ. Code, sec. 45. § 249. Punishment of libel. Every person who willfully and with a malicious intent to injure another, publishes or procures to be published any libel, is punishable by fine not exceeding five thousand dollars, or imprisonment in the county jail not exceeding one year. En. February 14, 1872. § 250. Malice presumed. An injurious publication is presumed to have been malicious if no justifiable motive for making it is shown. En. February 14, 1872. Malice defined: See ante, sec. 7, subd. 4. § 251. Truth may be given in evidence. Jury to deter- mine law and fact. In all criminal prosecutions for libel, the truth may be given in evidence to the jury, and if 113 LIBEL. §§ 252-255 it appears 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 acquitted. The jury have the right to determine the law and the fact. En. February 14, 1872. Constitutional provision is the same: Art. I, sec. 9. § 252. Publication defined. To sustain a charge of pub- lishing a libel, it is not needful that the words or things complained of should have been read or seen by another. It is enough that the accused knowingly parted with the immediate custody of the libel, under circumstances which exposed it to be read or seen by any other person than himself. En. February 14, 1872. Cal. Eep. Cit. 122, 93; 122, 94. § 253. Liability of editors and publishers. Each author, editor, and proprietor of any book, newspaper, or serial publication, is chargeable with the publication of any words contained in any part of such book, or number of such newspaper or serial. En. February 14, 1872. See Const. Cal., art. I, sec. 9. § 254. True report of public oflacial proceedings priv- ileged. No reporter, editor, or proprietor of any news- paper is liable to any prosecution for a fair and true re- port of any judicial, legislative or other public oflicial proceedings, or of any statement, speech, argument, or debate in the course of the same, except upon proof of malice in making such report, which shall not be im- plied from the mere fact of publication. En. February 14, 1872. § 255. Extent of privilege. Libelous remarks or com- ments connected with matter privileged by the last section receive no privilege by reason of their being so connected. En. February 14, 1872. Pen. Code— 8 §§ 256-258 LIBEL. U4 § 256. Other privileged communications. A communica- tion 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 sup- posing his motive innocent, is not presumed to be malicious, and is a privileged communication. En. February 14, 1872. § 257. Threatening to publish libel. Offer to prevent. Every person who threatens another to publish a libel con- cerning him, or any parent, husband, wife, or child of such person, or member of his family, and every person who offers to prevent the publication of any libel upon another person, with intent to extort any money or other valuable consideration from any person, is guilty of a misdemeanor. En. February 14, 1872. § 258. Cartoon or caricature, publication of. It shall be unlawful to publish in any newspaper, handbill, poster, book or serial publication, or supplement thereto, the por- trait of any living person a resident of California other than that of a person holding a public office in this state, without the written consent of such person first had and obtained; provided, that it shall be lawful to publish the portrait of a person convicted of a crime. It shall like- wise be unlawful to publish in any newspaper, handbill, poster, book or serial publication or supplement thereto, any caricature of any person residing in this state, which caricature will in any manner reflect upon the honor, integ- rity, manhood, virtue, reputation, or business or political motives of the person so caricatured, or which tends to expose the individual so caricatured to public hatred, ridi- cule or contempt. A violation of this section shall be a misdemeanor, and shall be punished by a fine of not less than one hundred dollars, nor more than five hundred dol- lars, or by imprisonment in the county jail for not less than one month nor more than six months, or by both such fine and imprisonment. All persons concerned in said publica- tion, either as owner or manager, editor, or publisher, or engraver, are each liable for said publication. Actions for the violation of this section shall be tried in the county where such newspaper, handbill, poster, book, or serial publication or supplement is printed or has its publication office, or in the county where the person whose portrait or caricature is published resides at the time of the alleged publication. En. Stats. 1899, 28. § 259. Newspaper articles to be signed. Every article, statement, or editorial, contained in any newspaper or other printed publication, printed or published in this state, which by writing or printing tends to blacken the memory of one who is dead, or to impeach the honesty, in- tegrity, virtue or reputation, or publish the natural or al- leged defects of one who is alive, and thereby expose him or her to public hatred, contempt or ridicule, must be sup- plemented by the true name of the writer of such article, statement, or editorial, signed or printed at the end thereof. Any owner, proprietor or publisher of any newspaper or other printed publication printed or published in this state who shall publish any such article, statement, or editorial in any printed publication, 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 thou- sand dollars for each and every article, statement, or editorial so published in violation of the requirements of this section, which said sum so forfeited may be sued for and recovered against any such owner, publisher, or pro- prietor so violating this section, in a civil action by and in the name of any person who 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 satisfaction of the court where such action is commenced that a defendant has made a § 259 LIBEL.. 116 publication in violation of this section witMn 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 pub- lisher in the regular course of business publishes as news, telegraphic dispatches not furnished or forwarded by its or his own correspondent or correspondents, but furnished and forwarded by telegraph as news by a telegraphic news agency, established and engaged in forwarding telegraphic 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. En. Stats. 1899, 155. RAPE, ABDUCTION, SEDUCTION, ETC. TITLE IX. OF CEIMES AGAINST THE PERSON AND AGAINST PUBLIC DECENCY AND GOOD MOEALS. Chapter I. Rape, Abduction, Carnal Abuse of Children, and Seduction, §§ 261-269b. n. Abandonment, and Neglect of Children, §§ 270-273e. in. 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. VII. Crimes against Religion and Conscience, and other Offenses against Good Morals, §§ 299- 3101/2. VEIL Indecent Exposure, Obscene Exhibitions, Books, and Prints, and Bawdy and Other Dis- orderly Houses, §§ 311-318. IX. Lotteries, §§ 319-326. X. Gaming, §§ 330-337. XI. Pawnbrokers, §§ 338-344. XII. Other Injuries to Persons, §§ 346-367a. CHAPTER I. RAPE, ABDUCTION, CARNAL, ABUSE OF CHILDREN, AND SE- DU8TION. § 261. Rape defined. § 262. When physical abilfty must be proved. § 263. Penetration sufficient. § 264. Punishment of rape. § 265. Abduction of women. § 266. Seduction for purposes of prostitution. § 26€a. Taking female for purpose of prostitution. § 266b. Taking female by force, duress, etc., to live in illicit relation. § 266c. Bringing or landing Chinese or Japanese women for purpose of selling. § 266d. Placing female In custody for purpose of cohabitation. § 266e. Paying for female for 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. § 26S. Seduction under promise of marriage. § 269. Intermarriage subsequent to seduction. § 269a. Open and notorious fornication and adultery. § 269b. Open and notorious adultery of married persons. Proof. §§ 261-263 RAPE, ABDUCTION, SEDUCTION, ETC. 118 § 261. Eape defined. Eape is an act of sexual inter- course, 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 sixteen years; 2. Where she is incapable, through lunacy or other un- soundness of mind, whether temporary or permanent, of giving legal consent; 3. Where she resists, but her resistance is overcome by force or violence; 4. Where she is prevented from resisting by threats of great and immediate bodily harm, accompanied by ap- parent power of execution, or by any intoxicating narcotic, or anaesthetic substance, administered by or with the priv- ity 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 committing the act is her husband, and this belief is in- duced by any artifice, pretense, or concealment practiced by the accused, with intent to induce such belief. En. February 14, 1872. Am'd. 1889, 223; 1897, 201. Cal. Eep. Cit. 63, 615; 70, 468; 75, 324; 94, 311; 106, 213; 106, 214; 112, 672; 138, 468; 143, 317; 146, 304. Subd. 1—129, 121; 133, 23. Subd. 2—117, 585; 129, 121. Subd. 3—70, 473; 129, 121. Subd. 4—70, 473; 129, 121. Subd. 5—129, 121. Subd. 6—129, 121. Assault with intent to commit: See ante, sec. 220. § 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. En. February 14, 1872. Cal. Eep. Cit. 98, 353. § 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 sufficient to complete the crime. En. Fetjruary 14, 1872. Cal. Eep. Cit. 133, 23; 143, 317. 119 EAPE, ABDUCTION, SEDUCTION, ETC. §§ 264-266a § 264, Punishment of rape. Eape is punishable by im- prisonment in the state prison not less than five years. En. February 14, 1872. Cal. Eep. Cit. 98, 129. § 265. Abduction of women. Every person who takes any woman unlawfully, against her will, and by force, men- ace, 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. En. February 14, 1872. § 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 elsewhere, for the purpose of prostitution, or to have illicit carnal connection with any man; and every person who aids or assists in such inveiglement or enticement; and every per- son 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 imprison- ment in the state prison not exceeding five years, or by im- prisonment in the county jail not exceeding one year, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment. En. February 14, 1872. Am'd. 1873-4, 429. Cal. Eep. Cit. 49, 10; 87, 286; 119, 594. See "Act to punish seduction," 1872, post. Appendix, title Seduction, and "Act to punish adultery," 1872: See post. Appendix, title Adultery. ' , Act to prevent prostitution: See post. Appendix, title Prostitution. Act to prevent placing married women in house of ill- fame: See post. Appendix, title Prostitution. § 266a. Taking female for purpose of prostitution. Every person who, within this state, takes any female per- son against her will and without her consent, or with her consent procured by fraudulent inducement or misrepresenta- tion, for the purpose of prostitution, is punishable by im- prisonment in the state prison not exceeding five years, and §§ 266b-266e RAPE, ABDUCTION, SEDUCTION, ETC. 120 a fine not exceeding one thousand dollars. En. Stats. 1905, 655. 266a, 266b, 266c. 266d, 266e, 266f. The statute of 1S93, page 217, regarding the compulsory prostitution of women, is codified in the above-named sections. The penalties here set forth in sections 266d, 266e, and 266f, are those of a felony instead of the various penalties set forth in the corresponding sections of the statute codified.— Code Commission- er's Note. § 2661). Taking a female by force, duress, etc., to live in an illicit relation. Every person who' takes any female per- son unlawfully, and against her will, and by force, menace, or duress, compels her to live with him in an illicit relation, against her consent, or to so live with any other person, is punishable by imprisonment in the state prison not less than two nor more than four years. En. Stats. 1905, 655. See note to § 266a, ante. § 266c. Bringing or landing Chinese or Japanese women for the purpose of selling. Every person bringing to, or landing within this state, any female person born in the em- pire of China or the empire of Japan, or the islands adja- cent thereto, with 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 imprisonment in the county jail not less than six nor more than twelve months. En. Stats. 1905, 656. See note to § 266a, ante. § 266d. Placing female iu custody for the purpose of co- habitation. Any person w^o receives any money or other valuable thing for or on account of his placing in custody any female for the purpose of causing her to cohabit with any male to whom she is not married, is guilty of a felony. En. Stats. 1905, 656. See note to § 266a, ante. § 266e. Paying for female for the purpose of prostitu- tion. Every person who purchases, or paj's any money or other valuable thing for, any female person for the purpose of prostitution, or for the purpose of placing her, for im- moral purposes, in any house or place against her will, is guilty of a felony. En. Stats. 1905, 656. See note to § 266a, ante. 120a RAPE, ABDUCTION, SEDUCTION, ETC. §§ 266f-268 § 266f. Selling female for immoral purposes. Every per- son who sells any female person or receives any money or other valuable thing for or on account of his placing in cus- tody, for immoral purposes, any female person, whether with or without her consent, is guilty of a felony. En. Stats. 1!)05, 656. See note to § 266a, ante. § 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 connives at or consents to, or permits, the placing or leav- ing of his wife in a house of prostitution, or allows or per- mits her to remain therein, is guilty of a felony and pun- ishable by imprisonment in the state prison for not less than three nor more than ten years; and in all prosecutions under this section a wife is a competent witness against her husband. En. Stats. 1905, 656. This section coflifies the statute of 1S91, page 2S5, regarding the plac- ing and keeping of married women in houses of prostitution.— Code Commissioner's Note. § 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 charg* of her person, without their consent, for the purpose of prostitution, is punishable by imprisonment in the state prison not exceeding five years, and a fine not exceeding one thousand dollars. En. February 14, 1872. Cal. Eep. Cit. 61, 480; 61, 481; 71, 612; 88, 138; 88, 317; 96, 316; 96, 318; 141, 544; 141, 545; 141, 548. Act to prevent prostitution: See post. Appendix, title Prostitution. Act to prevent seduction: See post, Appendix, title Se- duction. § 268. Seduction under promise of marriage. Every person who, under promise 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 §§ 269-270 ABANDONMENT, ETC., OF CHILDREN. 120b not more than five thousand dollars, or by both such fine and imprisonment. En. Stats. 1889, 12, Cal. Eep. Cit. 93, 77; 97, 451; 118, 673; 120, 539; 123, 225; 123, 226; 137, 268; 143, 101. § 269. Intermarriage subsequent to seduction. The in- termarriage 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 informa- tion charging such offense. En. Stats. 1889, 12. Cal. Eep. Cit. 120, 539; 123, 225; 123, 226. § 269a. Open and notorious fornication and adultery. Every person who lives in a state of open and notorious co- habitation 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. En. Stats. 1905, 657. 2G9a, 269b. The act to punish adultery (Stats. 1871-2, page 380) Is codified in the two sections above named. — Code Commissioner's Note. § 269b. Open and Notorious adultery of married persons; proof. If two persons, each being married to another, live together in a state of open and notorious cohabitation and adultery, each is guilty of a felony, and punishable by im- prisonment in the state prison not exceeding five years. A recorded certificate of marriage or a certified copy thereof, there being no decree of divorce, proves the marriage of a person for the purposes of this section. En. Stats. 1905, 657. See note to § 269a, ante. CHAPTEE n. ABANDONMENT AND NEGLECT OF CHILDREN. § 270. Omitting to provide necessaries. § 271. Deserting child. § 271a. Penalty for abandonment. § 272. Selling, apprenticing, etc., children. § 273. Receiving, hiring, etc., children. § 273. Minor not to visit saloons, etc. § 273a. Unjustifiable punishment, causing child to suffer. § 273b. Child not to be confined. § 273c. Fines, how appropriated. § 273d. Court may commit child to charitable institutions. § 273e. Minor not to deliver messages, etc., to certain places. § 270. Omitting to provide necessaries. A parent " who willfully omits, without lawful excuse, to furnish neces- 370a (new). Every husband having sufficient ability to )rovide for his wife's support, or wlio is able to earn the neans of such wife's support, who willfully abandons and eaves his wife in a destitute condition or who refuses or leglects to provide such wife with necessary food, clothing, helter, or medical attendance, unless by her misconduct le was justified in abandoning her, is guilty of a misde- [leanor. (Became a law, under constitutional provision, /ithout Governor's approval, March 4, 1907.) 370b (new). After arrest, conviction or plea of guilty n a charge of a misdemeanor under either section two undred and seventy or two hundred and seventy a, of this ode, and before trial or sentence, if the defendant shall ppear before the court and enter into an undertaking with ufficient sureties to the people of the State of California 1 such penal sum as the court may fix, to be approved y the court, and conditioned that the defendant will fur- ish said minor child or wife as the case may be, with ecessary food, clothing, shelter or medical attendance, len the court may suspend proceedings or sentence therein; nd said undertaking is valid and binding for six months; nd upon the failure of defendant to comply with said ndertaking, he may be ordered to appear before the court nd show cause why further proceedings should not be had 1 said action or sentence should not be imposed, whereupon ie court may proceed with said action, or pass sentence, r for good cause shown may modify the order and take a ew undertaking and further suspend proceedings, or sen- mce for a like period. (Became a law, under constitutional • revision, without Governor's approval, March 4, 1907.) 120c ABANDONMENT, ETC., OF CHILDREN. §§ 271, 272 sary food, clothing, shelter, or medical attendance for his child, is guilty of a misdemeanor. En. February 14. 1872. Am'd. 1905, 758. The change consists in the omission of the words now following the word "excuse," "to perform any duty imposed upon him by law." Thej' are clearly without signification as employed In the section. — Code Commissioner's Note. Indictable omissions: Sec. 26, subd. 6. Duty of parent to support child: See Civ. Code, sees. 196, 208, 209. Statutes: See "An act for the protection of children, and to prevent and punish certain wrongs to children," approved March 30, 1878; 1877-8, 812; post, Appendix, title Infancy. Act relating to orphaned and abandoned chil- dren. Stats. 1873-4, 297. Also, "An act relating to chil- dren," approved March 30, 1878; 1877-8, 813; post, Ap- pendix, title Infancy. Act to prevent cruelty to children: See post. Appendix, title Infancy. § 271. Deserting child. 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 de- serts 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. En. February 14, 1872. § 271a. Penalty for abandonment. Every person who knowingly 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 is made is an orphan, is guilty of a misdemeanor. En. Stats. 1905, 758. The penal section of the statute of 1S73-4, relating to the care of orphan and abandoned children, is codified in this section.— Code * Commissioner's Note. § 272. Selling, apprenticing, etc., children. Any person, whether as parent, relative, guardian, employer, or other- wise, having the care, custody, or control of any child under the age of sixteen years, who exhibits, uses, or employs, or in any manner, or under any pretense, sells, apprentices, gives away, lets out, or disposes of any such child to any 5 § 273 ABANDONMENT, ETC., OF CHILDREN. 120d 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 singing, play- ing on musical instruments, rope or wire walking, dancing, begging, or peddling, or as a gymnast, acrobat, contortion- ist, or rider, in any place whatsoever, or for or in any ob- scene, indecent or immoral purposes, exhibition, or practice whatsoever, or for or in any mendicant or wandering busi- ness whatsoever, or who causes, procures, or encourages such child to engage therein, is guilty of a misdemeanor, and punishable by a fine of not less than fifty nor more than two hundred and fifty dollars, or by imprisonment 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 employment or use of any such child, as a singer or musician in any church, school, or acad- emy, 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 musical entertainment, on the written consent of the mayor of the city or president of the board of trustees of the city or town where such concert or enter- tainment takes place. En. Stats. 1875-6, 110. Am'd. 1905, 759. 272, 273. 273a, 273b, 273c, 273d. The two statutes, one of 1S77-S, page 812, and the other of 1877-S, page 813, relating to children, are codified by an amendment to section 272, and by the addition of sections 273, 273a, 273b, 273c, and 273-1. — Code Commissioner's Note. § 273. 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 pur- poses mentioned in the preceding section, is guilty of a like oifense, and punishable by a like punishment as therein provided. En. Stats. 1905, 759. [March 22, 1905.] See note to § 272, ante. At the same session of the legislature another section 273 was adopted as follows: § 273. Minor not to visit saloons, etc. Any person whether 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 immoral place, any minor under the age of eighteen years, is guilty of a misdemeanor. En. Stats. 1905, 74. [March 7, 1905.] 273 (as approved March 7th, 1905). Repealed. 121 ABANDONMENT, ETC., OF CHILDREN. §§ 273a-273d § 273a. Unjustifiable punishment, causing child to suffer. Any person who willfully causes or permits any child to suffer, or who inflicts thereon unjustifiable physical pain or mental suffering, and whoever, having the care or custody of any 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. En. Stats. 1905, 759. See note to § 272, ante. § 273b. Child not to be confined. No child under the age of sixteen years must be pjaced in any prison, or place of confinement, or in any courtroom, or in any vehicle for transportation to any place, in company with adults charged with or convicted of crime, except in the presence of a proper official. En. Stats. 1905, 760. See note to § 272, ante. § 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 incorpo- rated 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. En. Stats. 1905, 760. See note to § 272, ante. § 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 vis- ible means of subsistence; or destitute, or frequenting the company of reputed thieves, or prostitutes or houses of pros- titution or assignation, dance houses, concert saloons, the- aters, or places where spirituous liquors are sold; or engaged in any business, exhibition, or vocation mentioned in sec- tion two hundred and seventy-two; or in 'the custody of any person 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 §§ 273e-275 ABORTIONS. 12.' the prevention of cruelty to children, or other charitable in- stitution, or make such other disposition thereof as now is or may hereafter be provided by law in cases of vagrant, truant, disorderlv, pauper, or destitute children. En. Stats. 1905, 760. See note to § 272, ante. § 273e. Minor not to deliver messages, etc., to certain places. Every telephone, special 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 per- son, corporation, association, or agent, to the keeper of any house of prostitution, variety theater, or other place of cjucstionable 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. En. Stats. 1905, 760. 273e. The matter now in section 13S9, which incorrectly stands in a chapter entitled "Dismissal of the Action," is put into a new sec- tion designated as 273e, and is put in its proper chapter, with the other sections relative to children, and section 13S9 accordingly re- pealed. — Code Commissioner's Note. CHAPTER III. ABORTIONS. § 274. Administering drugs, etc., with intent to produce miscarriage. § 275. Submitting to an attempt to produce miscarriage. § 274. Administering drugs, etc., with intent to produce miscarriage. Every person who provides, supplies, or admin- isters to any pregnant woman, or procures any such woman to take any medicine, drug, or substance, or uses or em- ploys any instrument or other means whatever, with intent thereby to procure the miscarriage of such woman, unless the same is necessary to preserve her life, is punishable by imprisonment in the state prison not less than two nor more than five years. En. February 14, 1872. Cal. Rep. Cit. 143, 261. § 275. Submitting to an attempt to produce miscarriage. Every person who solicits of any person any medicine, 873f (new). Any person, whether as parent, guardian, ployer, or otherwise, and any firm or corporation, who employer or otherwise, shall send, direct, or cause to be t or directed to any saloon, gambling house, house of stitution, or other immoral place, any minor under the of eighteen, is guilty of a misdemeanor. (In effect 60 s from and after March 18, 1907.) J73g (new). Any person who in the presence of any d indulges in any degrading, lewd, immoral or vicious its or practices, or who is habitually drunk in the senre of any child in his care, custody or control, is ty of a misdemeanor. (In effect 60 days from and after •ch 21, 1907.) 123 BIGAMY, INCEST, CRIME AGAINST NATURE. §§ 278-281 drug, or substance whatever, and takes the same, or who submits to any operation, or to the use of any means what- ever, with intent thereby to procure a miscarriage, unless the same is necessary to preserve her life, is punishable by imprisonment in the state prison not less than one nor more than five years. En. February 14, 1872. See act of 1880, relating to sale of poisonous substance, Appendix, title Poisons. CHAPTEil IV. CHILD-STEALING. § 278. Definition and punishment of child-stealing. § 278. Definition and punishment of child-stealing. Every person who maliciously, forcibly, or fraudulently takes or entices away any minor child with intent to detain and conceal such child from its parent, guardian, or other person having the lawful charge of such child, is punishable by imprisonment in the state prison not ex- ceeding twenty years. En. February 14, 1872. Am'd. 1901, 269. Cal. Eep. Cit. 60, 72; 147, 426. CHAPTEE V. BIGAMY, INCEST, AND THE CRIME AGAINST NATURE. § 281. Bigamy defined. § 282. Exceptions. ^ 283. Punishment of bigamy. § 284. Marrying a husband or wife of another. § 2S.5. Incest. § 286. Crime against nature. § 2S7. Penetration sufficient to complete the crime. I 2SS. Crimes against children a felony. § 281. Bigamy defined. Every person having a husband or wife living, who marries any other person, except in tlie cases specifieil in the next section, is guilty of bigamy. En. February 14, 1872. Cal. Eep. Cit. 99, 288. Marriage is a civil contract, and must be followed by solemnization: See Civ. Code, sec. 55. §§ 282-287 BIGAMY, INCEST. CRIME AGAINST NATURE. 124 § 282. Exceptions. The last section does not extend — 1. To any person by reason of any former marriage, whose husband or wife by such marriage has been absent for five successive years, without being Icnown to such person within that time to be living; nor, 2. To any person by reason of any former marriage which has been pronounced void, annulled, or dissolved by the judgment of a competent court. En. February 14, 1872. § 283. Punishment of bigamy. Bigamy is punishable by fine not exceeding five thousand dollars and by im- prisonment in the state prison not exceeding ten vears. En. February 14, 1872. Am'd. 1905, 245. § 284. Marrying a husband or wife of another. Every person who knowingly and willfully marries the husband or wife of another, in any case in which such husband or wife would be punishable under the provisions of this chap- ter, is punishable by fine not less than five thousand dollars, or by imprisonment in the state prison not exceeding ten years. En. February 14, 1872. Am'd. 1905, 245. § 285. Incest. Persons being within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who intermarry with each other, or who commit fornication or adultery with each other, are punishable by imprisonment in the state prison not exceed- ing ten years. En. February 14, 1872. Cal. Eep. Cit. 102, 242; 119, 458; 141, 606; 141, 607; 141, 609; 142, 622. Incestuous marriages: See Civ. Code, sec. 59. Person solemnizing incestuous marriage, how punished: Post, sec. 359. § 286. Crime against nature. Every person who is guilty of the infamous crime against nature, committed with mankind or with any animal, is punishable by im- prisonment in the state prison not less than five years. En. February 14, 1872. Assault to commit crime against nature: See sec. 220. § 287. Penetration sufficient to complete the crime. Any sexual penetration, however slight, is sufficient to com- plete the crime against nature. En. February 14, 1872. 125 VIOLATING SEPULTURE, ETC. §§ 288-291 § 288. Crimes against children a felony. Any person who shall willfully and lewdly commit any lewd or las- civious act other than the acts constituting other crimes provided for in part two of this code upon or with the body, or any part or member thereof, of a child under the age of fourteen years, with the intent of arousing, ap- pealing to, or gratifying the lust or passions or sexual desires of such person or of such child, shall be guilty of a felony and shall be imprisoned in the state prison not less than one year. En. Stats. 1901, 630. Cal. Eep. Cit. 142, 147; 142, 151. CHAPTEE VI. VIOLATING SEPULTURE AND THE REMAINS OF THE DEAD. § 290. Unlawful mutilation or removal of dead bodies. § 291. LTnlawful removal of dead body from grave for dissection, etc. § 292. Who are charged Vv'ith the duty of burial. § 293. Punishment for omitting to bury. § 294. Who are entitled to custody of a body. § 295. Arresting or attaching a dead body. § 296. Defacing, tombs and monuments. § 297. Unlawful interments. § 290, Unlawful mutilation or removal of dead bodies. Every person who mutilates, disinters, or removes from the place of sepulture the dead body of a human being without authority of law, is guilty of felony. But the provisions of this section do not apply to any person who removes the dead body of a relative or friend for reinter- ment. En. February 14, 1872. Cal, Eep. Cit. 58, 226; 58, 227; 135, 72; 135, 76. Bodies not to be removed without permit: Pol. Code, sec. 3027, Act to prevent disinterring dead bodies: See post, Ap- pendix, title Public Health. § 291. Unlawful removal of dead body from grave for dissection, etc. Every person who removes any part of the dead body of a human being from any grave or other place where the same has been buried, or from any place where the same is deposited while awaiting burial, with intent to sell the same, or to dissect it, without authority of law, or from malice or wantonness, is punishable by §§ 292-294 VIOLATING SEPULTURE, ETC. 126 imprisonment in the state prison not exceeding five years. En. February 14, 1872. § 292. Who are charged with the duty of burial. The duty of burying the body of a deceased person devolves upon the persons hereinafter specified: 1. If the deceased was a married woman, the duty of burial devolves upon her husband; 2. If the deceased was not a married woman, but left any kindred, the duty of burial devolves upon the person or persons in the same degree nearest of kin to the de- ceased, being of adult age, and within this state, and possessed of sufficient means to defray the necessary ex- penses; 3. If the deceased left no husband nor kindred answer- ing the foregoing description, the duty of burial devolves upon the coroner conducting an inquest upon the body of the deceased, if any such inquest is held; if there is none, then upon the persons charged with the support of the poor in the locality in which the death occurs; 4. In case the person upon whom the duty of burial is east by the foregoing provisions omits to make such burial within a reasonable time, the duty devolves upon the per- son next specified; and if all omit to act, it devolves upon the tenant; or if there is no tenant, upon the owner of the premises, or master; or if there is no master, upon the owner of the vessel in which the death occurs or the body is found. En. February 14, 1872. Cal. Eep. Cit. 110, 88; 113, 203; 123, 289; 131, 72; 140, 233. § 293. Punishment for omitting to bury. Every person upon whom the dutj^ of making burial of the remains of a deceased person is imposed by law, who omits to per- form that duty within a reasonable time, is guilty of a misdemeanor; and, in addition to the punishment pre- scribed therefor, is liable to pay to the person performing the duty in his stead, treble the expenses incurred by the latter in making the burial, to be recovered in a civil action. En. February 14, 1872. § 294. Who are entitled to custody of a body. The per- son charged by law with the duty of burying the body of a 127 VIOLATING SEPULTURE, ETC. §§ 295-297 deceased person is entitled to the custody of such body for the purpose of burying it; except that in the case in which an inquest is required by law to be held upon a dead body by a coroner, such coroner is entitled to its custody until such inquest has been completed. En. Feb- ruary 14, 1872. Cal. Eep. Cit. 131, 72; 134, 294. § 295. Arresting or attaching a dead body. Every per- son who arrests or attaches any dead body of a human being, upon any debt or demand whatever, or detains or claims to detain it for any debt or demand, or upon any pretended lien or charge, is guilty of a misdemeanor. En. February 14, 1872. Cal. Eep. Cit. 118, 26. § 296. Defacing tombs and monuments. Every person who willfully and maliciously defaces, breaks, destroys, or removes any tomb, monument, or gravestone, erected to any deceased person, or any memento or memorial, or any ornamental plant, tree, or shrub, appertaining to the place of burial of a human being, or who shall mark, deface, in- jure, destroy, or remove any fence, post, rail, or wall of any cemetery or graveyard, is guilty of a misdemeanor. En. February 14, 1872. § 297. Unlawful interments. Every person who shall bury or inter, or cause to be buried or interred, the dead body of any human being, or any human remains, in any place within the corporate limits of any city or town in this state, or within the corporate limits of the city and county of San Francisco, except in a cemetery, or place of burial, now existing under the laws ot this state, and in which interments have been made, or that is now or may hereafter be established or organized by the board of supervisors of the county, or city and county, in which such city or town, or city and county is situate, shall be guilty of a misdemeanor. En. Stats. 1873-4, 458. Cal. Rep. Cit. 60, 4; 140, 233. §§ 299, 300 AGAINST RELIGION, CONSCIENCE, ETC. CHAPTEE VII. OF CRIMES AGAINST RELIGION AND CONSCIENCE, AND OTHER OFFENSES AGAINST GOOD MORALS. § 299. Sunday amusement, where liquors are sold. (Repealed.) § 300. Keeping open places of business on Sunday. (Repealed.) § 301. Limitation on operation of preceding section. (Repealed.) § 302. Disturbing religious meetings. § 303. Sale of liquors at theaters, and employing women to sell liquors thereat. (Repealed.) § 304. Selling liquors at camp-meeting. § 305. Limitation of preceding section. § 306. Females exhibited in pubic places. (Repealed.) § 307. Keeping or resorting to place where opium is used. § 308. Selling tobacco to minors. § 309. Admission of minor to place of prostitution. § 310. No section of this number. § 310%. Barber-shops open on Sunday. (Repealed.) § 299. Sunday amusement, where liquors are sold. (Ee- pealed.) En. February 14, 1872. Eep. Stats. 1883, 1. Cal. Eep. Cit. 60, 198. Note. — The section read as follows: "Sec. 299. Every person who, on the Christian sabbath, gets up, exhibits, opens, or maintains, or aids in getting up, exhibiting, open- ing, or maintaining, any bull, bear, cock, or prize fight, horse-race, circus, gambling-house, or saloon, or any bar- barous and noisy amusement, or who keeps, conducts, or exhibits any theater, melodeon, dance-cellar, or other place of musical, theatrical, or operatic performance, spectacle, or representation where any wines, liquors, or intoxicating drinks are bought, sold, used, drank, or given away, or who purchases any ticket of admission, or directly or in- directly pays any admission fee to or for the purpose of witnessing or attending any such place, amusement, spec- tacle, performance, or representation, is guilty of a mis- demeanor. " § 300. Keeping open places of business on Sunday. (Eepealed.) En. February 14, 1872. Eep. Stats. 1883, 1. Cal. Eep. Cit. 59, 7; 60, 152; 60, 188; 60, 190; 60, 191; 60, 192; 60, 193; 60, 195; 60, 198; 60, 201; 60, 205. The section read as follows: "Sec. 300. Every person who keeps open on Sunday any store, workshop, bar, saloon, banking-house, or other place of business, for the purpose of transacting business therein, is punishable by fine not less than five nor more than fifty dollars." 129 AGAINST RELIGION, CONSCIENCE, ETC. §§ 301-303 § 301. Limitation on operation of preceding section. (Eepealed.) En. February 14, 1872. Am'd. 1880, 38. Eep. 1883, 1, Cal. Eep. Cit. 59, 12; 60, 188; 60, 189; 60, 190; 60, 191; 60, 192; 60, 193; 60, 198; 60, 201; 60, 205. The section read as follows: "Sec. 301. The provisions of the preceding section do not apply to persons who, on Sunday, keep open hotels, boarding-houses, barber-shops, baths, markets, restaurants, taverns, livery-stables, or re- tail drug stores, for the legitimate business of each, or such manufacturing establishments as are usually kept m continued operation. ' ' Act providing day of rest from labor: See post. Appen- dix, title Sundays. Act providing for day of rest in bakeries: See post. Ap- pendix, title Sundays. § 302. Disturbing religious meetings. Every person who willfully disturbs or disquiets auy assemblage of people met for religious worship, by profane discourse, rude or in- decent behavior, or by any unnecessary noise, either within the place where such meeting is held, or so near it as to disturb the order and solemnity of the meeting, is guilty of a misdemeanor. En. February 14, 1872. Am'd. 1905, 657-. The change consists in the omission of the word "noise" before the word "profane," it being manifestly an error in the statute, as it occuis iater in the section with a qualification. — Code Commissioner's Note. Cal. Eep. Cit. 60, 195; 60, 198. § 303. Sale of liquors at theaters, and employing women to sell liquors thereat. En. February 14, 1872. Eep. 1905, 657. The .section is in conflict with section 18 of Article XX of the Constitu- tiuM, which provides that "no person shall, on account of sex, De •disqualified from entering upon or pursuing any lawful business, vo- cation or profession." (See Ex parte Maguire, 57 Cal. 604'.)— Code Commissioner's Note. See Const. Cal., see. 18, art. XX. Sale of liquors to minors: Act of 1872, Appendix, title Intoxicating Jjiqiiors. Intoxication of officers: Act of 1880, Appendix, title Officers. Pen. Code— 9 §§ 304-307 AGAINST RELIGION, CONSCIENCE, ETC. 130 Special acts. — Sale of liquors on election days. Act in effect March 7, 1874; Stats. 1873-4, 297: See post, Ap- pendix, title Intoxicating Liquors. Sale of liquors at stato capitol, act in effect April 16, 1880; Stats. 1880, 273: See post, Appendix, title Intoxicating Liquors. § 304. Selling liquors at camp-meeting. Every person who erects or keeps a booth, tent, stall, or other contri- vance for the purpose of selling or otherwise disposing of any wine, or spirituous, or intoxicating liquors, or any drink of which wines, spirituous, or intoxicating liquors form a part, or for selling or otherwise disposing of any article of merchandise, or who peddles, or hawks about any such drink or article, within one mile of any camp or field meeting for religious worship, during the time of holding such meeting, is punishable by fine of not less than five nor more than five hundred dollars. En. February 14, 1872. Cal. Eep. Cit. 60, 191; 60, 195. § 305. Limitation of preceding section. The provisions of the preceding section do not apply to any person carry- ing on a regular business in the sale of liquors or othc* articles, which business was established prior to the ap- pointment of the meeting referred to in such section. En. February 14, 1872. § 306. Females exhibited in public places. En. Febru- ary 14, 1872. Am'd. 1S73-4, 459; 1873-4, 460. Rep. 1905, 658. This section is explicitly held to be in conflict with section IS of Arti- cle XX Of the Constitution in Ex parte Maguiie, 57 Cal. 604, 609.— Code Commissioner's Note. Cal. Eep. Cit. 57, 605. * § 307. Keeping or resorting to place where opium is used. Every person who opens or maintains, to be re- sorted to by other persons, any place whei'e opium, or any of its preparations, is sold or given away, to be smoked at such place;' and any person who, at such place sells or gives away any opium, or its said preparations, to be there smoked or otherwise used; and every person who visits or resorts to any such place for the purpose of smoking opium or its said preparations, is guilty of a misdemeanor, and upon conviction thereof shall he punished by a fine not exceeding five hundred dollars, or by imprisonment in the 131 AGAINST RELIGION, CONSCIENCE, ETC. §§ 308-31oy2 county jail not exceeding six months, or by both such fine and imprisonment. En. February 14, 1872. Am'd. 1873-4, 459. Eep. Stats. 1873-4, 4G1. En. Stats. 1881, 34. Cal. Eep. Cit. 73, 144j 73, 146; 73, 150; 73, 151; 73, 152. § 308. Selling tobacco to minors. Every person who sells, or gives, or furnishes in any way to another who is in fact under the age of sixteen years, any tobacco, or prepa- ration of tobacco, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceed- ing one hundred dollars; provided, however, that this sec- tion shall not be deemed to apply to articles furnished on prescriptions from physicians authorized by law to prac- tice medicine, nor to persons who supply such articles to their own children, nor to sales made to such minors upon the written consent of the parents or guardians of such minors first obtained in writing by the vender. En. Stats. 1891, 64. Sale of liquor to minors: See post, Appendix, title In- toxicating Liquors. § 309. Admission of minor to place of prostitution. Any proprietor, keeper, manager, conductor, or person hav- ing the control of any house of prostitution, or any house or room resorted to for the purpose of prostitution, who shall admit or keep any minor of either sex therein; or any parent or guardian of any such minor who shall admit or keep such minor, or sanction, or connive at the admis- sion or keeping thereof, into, or in any such house, or room, shall be guilty of a misdemeanor. En. Stats. 1880, 36. Act to punish using child for immoral purposes: See post. Appendix, title Infancy. Act prohibiting child entering saloon, begging, etc.: See post, Appendix, title Infancy. § 310. No section of this number. § 310i/o. Barber-shops open on Sunday. En. Stats. 1895 247. Eep. 1905, 658. ' This section was explicitly held to be unconstitutional in Ex parte .Tentzsck. 112 Cal. 468.— Code Commissioner's Note. Cal. Eep. Cit. 112, 470. §§ 311, 312 INDECENT EXPOSURE, ETC. CHAPTEE VIII. INDECENT EXPOSURE, OBSCENE EXHIBITIONS, BOOKS AND PRINTS, AND BAWDY AND OTHER DISORDliKLY HOUSES. § 311. Indecent exposures, exhibitions, an-d pictures. § 312. Seizure of indecent articles authorized. § 313. Their character to be summarily determined. § 314. Their destruction. § 315. Keeping or residing in a house of ill-fame; proof. § 316. Keeping disorderly houses. § 317. Advertising to produce miscarriage. § 31S. Enticing to place of gambling or prostitution. § 311. Indecent exposures, exhibitions, and pictures. Every person who willfuUy and lewdly, either: 1. 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, 2. Procures, counsels, or assists any person so to expose 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 adapted to excite to vicious or lewd thoughts or acts; or, 3. 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, 4. Writes, composes, or publishes any notice or adver- tisement of any such writing, paper, book, picture, print, or figure; or, 5. Sings any lewd or obscene song, ballad, or other words, in any public place, or in any place where there are per- sons present to be annoyed thereby; — is guilty of a misdemeanor. En. February 14, 1872. Am'd. 1873-4, 429. § 312. Seizure of indecent articles authorized. Every person who is authorized or enjoined to arrest any person for a violation of subdivision three of the last section, is equally authorized and enjoined to seize any obscene or 133 INDECENT EXPOSURE, ETC. §§ 313-316 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 magistrate before whom the person so arrested is required to be taken. En. February 14, 1872. § 313. Their character to be summarily determined. The magistrate to whom 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 copies. En. February 14, 1872. § 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 ac- cused stands convicted, and which remains in the posses- sion or under the control of such district attorney, to be destroyed. En. February 14, 1872. § 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 AvillfuUy resides in such house, is guilty of 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. En. February 14, 1872. Am'd. 1905, 668. The change consists in the addition of the matter following the semi- colon. The new matter is taken from the statute of 1873-4, page £4, and makes the reputation of the house evidence of its character and of that of the women resorting to it.— Code Commissioner's Note. Cal. Eep. Cit. 88, 102; 147, 292. § 316. Keeping disorderly houses. Every person who keeps any disorderly house, or any house for the purpose of assignation or prostitution, or any house of public re- §§ 317-319 LOTTERIES. , 134 sort, by which the peace, comfort, or decency of the im- mediate neighborhood is habitually disturbed, or who keeps anj"- 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 misdemeanor. En. February 14, 1872. Am'd. 1873-4, 430. Cal. Eep. Cit. 114, 93; 127, 35; 147, 292; 147, 545. § 317. Advertising to produce miscarriage. Every" per- son who willfully writes, composes, or publishes any no- tice or advertisement of any medicine, or means for pro- ducing or facilitating a miscarriage or abortion, or for the prevention 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. En. Stats. 1873-4, 430. § 318. Enticing to place of gambling or prostitution. Whoever, through invitation or device, prevails upon any person to visit any room, building, or other places kept for the purposes of gambling or prostitution, is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in the county jail not exceeding six months, or fined not exceeding five hundred dollars, or be punished by both such fine and imprisonment. En. Stats. 1880, 40. CHAPTER IX. LOTTERIES. § 319. Lottery defined. § 320. Punishment for drawing lottery. § 321. Punishment for selling lottery' tickets. § 322. Aiding lotteries. § 323. Lottery offices. Advertising lottery offices. § 324. Insuring lottery tickets. Publishing offers to insure. § 325. Property offered for disposal in lottery forfeited. § 326. Letting building foi' 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 property, upon any agreement, understanding, or expecta- tion that it is to be distributed or disposed of by lot or 135 LOTTERIES. §§ 320-3ai chance, whether called a lottery, raffle, or gift enterprise, or by whatever name the same may be known. En. Feb- ruary 4, 1872. Cal. Eep. Cit. 68, 289; 70, 633. § 320. Punishment for drawing lottery. Every person who contrives, prepares, sets up, proposes, or draws any lottery, is guilty of a misdemeanor. En. February 14, 1872. Cal. Eep. Cit. 91, 440. § 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. En. February 14, 1872. Cal. Eep. Cit. 70, 633; 92, 652. § 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. En. February 14, 1872. . ^ ^ § 323. Lottiery 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, writing, or otherwise, advertises or publishes the setting up, opening, or using of any such office, is guilty of a misdemeanor. En February 14, 1872. § 324. Insuring lottery tickets. Publishing offers to in- sure. Every person who insures or receives any con- sideration 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 who receives any valu- able 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 unfortunate, or shall be drawn or not be §§ 325-330 GAMING. 136 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, with or without consideration, upon any event or contingency, dependent on the drawing of any ticket in any lottery, or who publishes any notice or proposal of any of the pur- poses aforesaid, is guilty of a misdemeanor. En. February 14, 1872. § 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 information or complaint, the clerk of the court, or if the suit be in a justice 's court, the justice, must issue an attachment against the property mentioned in the complaint or information, which attach- ment has the same force and effect against such property, and is issued in the same manner, as attachments issued from the district courts in civil cases. En. February 14, 1872. § 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. En. February 14, 1872. Cal. Eep. Cit. 68, 289; 91, 440; 93, 439. CHAPTER X. GAMING. § 330. Gaming prohibited. Penalty. § 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' privilege. § 335. Duties of district attorneys, sheriffs, and others. § 336. Permitting minor to play in saloon. § 337. Pretending to give authority to conduct games. § 330. Gaming prohibited. Penalty. Every person who deals, plays, or carries on, opens, or causes to be opened, 137 GAMING. §§ 331-333 or who conducts, either as owner or employee, whether for hire, or not, any game of faro, monte, roulette, lans- quenet, rouge et noir, rondo, tan, fan-tan, stud-horse poker, seven-and-a-half, twenty-one, hokey-pokey, or any banking or percentage game played with cards, dice, or any de- vice, for money, checks, credit, or other representative of value, and every person who inlays or bets at or against any of said prohibited games, is guilty of a misdemeanor, and shall be punishable by a fine not less than one hundred dollars nor not more than five hundred dollars, or by im- prisonment in the county jail not exceeding six months, or by both such fine and imprisonment. En. February 14, 1872. Am'd. 1885, 135; 1891, 57. Cal. Eep. Cit. 47, 128; 53, 247; 60, 82; 63, 299; 63, 300; 63, 301; 64, 157; 64, 158; 64, 159; 64, 162; 70, 516; 80, 155; 82, 182; 84, 166; 84, 167; 85, 581; 128, 29; 137, 16. § 331. Permitting gambling in houses owned or rented. Every person who knowingly permits any of the games mentioned in the preceding section to be played, con- ducted, or dealt in any house owned or rented by such person, in whole or in part, is punishable as provided in the preceding section. En. February 14, 1872. § 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 bet- ting on sides or hands of any such play or game, fraudu- lently obtains from another person money or property of any description, shall be punished as in case of larceny of property of like value. En. February 14, 1872. Am'd. 1877-8, 115; 1880, 40. Cal. Eep. Cit. 107, 152; 110, 601; 110, 602; 110, 603; 122, 357. § 333. Witnesses neglecting or refusing to attend trial. Every person duly summoned as a witness for the prose- cution, on any proceedings had under this chapter, who neglects or refuses to attend, as required, is guilty of a misdemeanor. En. February 14, 1872. §§ 334-337 GAMING. 138 § 334. Witness's privilege. No person, otherwise compe- tent as a witness, is disqualified from testifying as such concerning the offense of gaming, on the ground that such testimony may criminate himself; but no prosecution can afterward be had against him for any offense concern- ing which he testified. En. February 14, 1872, § 335. Duties of district attorneys, sheriffs, and others. Every district attorney, sheriff, constable, or police officer must inform against and diligently prosecute persons whom they have reasonable cause to believe offenders against the provisions of this chapter, and every such ofiicer refusing or neglecting so to do, is guilty of a mis- demeanor. En. February 14, 1872. Cal. Eep. Cit. 147, 529; 147, 533. § 336. Permitting minor to play in saloon. Every own- er, lessee, or keeper of any house used in whole, or in part, as a saloon or drinking-place, who knowingly per- mits any person under twenty-one years of age to play at any game of chance therein, is guilty of a misdemeanor. En. Stats. 1873-4, 461. § 337. Pretending to give authority to conduct games. Every state, county, city, city and county, town, or town- ship officer, or other person who shall ask for, receive, or collect any money, or other valuable consideration, either for his own or the public use, for and with the un- derstanding 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 person or persons any license, permit, or other privilege, giving 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 prohibited 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 to give or grant to any person or persons any authority or privilege to open, carry on, conduct, or cause to be opened, carried on, or conducted, any game or games prohibited by said section three hundred and thirty of the Penal Code, is guilty of a felony. En. Stats. 1885, 113. 130 PAWNBROKERS. §§ 338-341 CHAPTEE XI. PAWNBROKERS. § 338. Pawnbroking without license. S 339. Failing to keep a register. § 340. Cliarging unlawful rate of interest. § 341. Selling before time of redemption has expired, or without no- tice. § 342. Refusing to disclose particulars of sale. § 343. Refus'ng to allow an officer with search-warrant to inspect register of pledged articles. § 344. Junk dealcis, application of code sections to. § 338. Pawnbroking without license. Every person who carries on the business of a pawnbroker, 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. En. February 14, 1872. Pledge from minor under sixteen: See post, see. 501. Pledge: See Civ. Code, sees. 2986-3011. § 339. Failing to keep a register. 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, dura- tion, 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. En. February 14, 1872. This section applies to junk dealers; See post, sec. 344. § 340. Charging unlawful rate of interest. Every pawn- broker who charges or receives interest at the rate of more than two per cent per month, or who, by charging com- missions, discount, storage, or other charge, or by com- pouriiling increases, or attempts to increase such interest, is guilty of a misdemeanor. En. February 14, 1872. Am'd. 1881, 75. Cal. Rep. Cit. 67, 360. § 341. Selling before time of redemption has expired, or without notice. Every pawnbroker who sells any §§ 342-344 PAWNBROKERS. 140 article pledged to him and unredeemed, until it liaa re- mained 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 no- tice containing a list of the articles to be sold and speci- fying the time and place of sale, is guilty of a misde- meanor. En. February 14, 1872. § 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 received by him for any article received by him in pledge and subsequently sold, or who, after deducting from the proceeds 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. En. February 14, 1872. This section applies to junk dealers: See post, sec. 344. § 343. Refusing to allow an officer •with search-warrant to inspect register of pledged articles. Every pawnbroker who fails, refuses, or neglects to product for inspection his register, or to exhibit all articles received by him in pledge, or his account of sales, to any officer holding a warrant au- thorizing him to search for personal property, or the order of a committing magistrate directing such officer to inspect such register, or examine such articles or account of sales, or appointed by the sheriff of the county or the head of the police department of any city, city and county, or town to inspect such register, or examine such articles or account of sales, is guilty of a misdemeanor. En. February 14, 1872. Am'd. 1905, 668. The change consists in the insertion, after the word "sales," of the words "or appointed by the sheriff of the county, or the head of the police department of any city, city and county, or town, to inspect such registry, or examine such articles on account of sales. " The change is suggested and advocated by the sheriffs' organization of this state.— Code Commissioner's Note. § 344. Junk dealers, application of code sections to. Sections three hundred and thirty-nine, and three hundred and forty-two, and three hundred and forty-three of the Penal Code are applicable to the persons carrying on the business of junk dealers, their clerks, employees, or ser- 141 OTHER INJURIES TO PERSONS. §§ 346, 347 vants, and to persons acting as brokers or commission agents for such persons, and apply to their transactions of purchase and sale as well as to those of pledge or mort- En. Stats. 1901, 75, CHAPTER Xn. OTHER INJURIES TO PERSONS. § 346. Acts of Intoxicated physicians. § 347. Willfully poisoning food, medicine, or water. § 347a. Poisonous substance. Sale of. § 348. Mismanagement of steamboats. § 349. Mismanagement of steam-boilers. § 349a. Frauds in stamping and labeling produce and manufactured goods. § 350. Counterfeiting tra'de-marks. § 351. Selling goods whicli bear counterfeit trade-marks. § 352. Definition of "counterfeited trade-marks," etc. § 353. "Trade-mark" defined. § 354. Refilling casks, etc., bearing trade-mark. § 354-/4. Selling or refilling casks, etc., containing trade-mark. § 354%. Destroying or defacing trade-mark. § 355. Defacing marks upon wrecked property and 'destroying bills of lading. § 356. Defacing marks upon logs, lumber, or wood. § 357. Altering brands. § 357%. Changing or defacing brands on domestic animals a misde- meanor. § 35S. Frauds in affairs of special partnership. § 359. Contracting or solemnizing forbidden marriages. § 360. Performing marriage ceremony before license is presented; fail- ure to record license and marriage certificate. False record of marriage return. 5 361. Cruel treatment of lunatics, etc. § 362 § 3 Any person who shall willfully or negligently com-^ mit any of the acts hereinafter enumerated in this section shall be guilty of a misdemeanor, and upon conviction thereof be pi^nishable by a fine of not less than twenty-five nor more than five hundred dollars, or imprisonment in the ::ounty jail not less than fifteen days nor more than six months, or both such fine and imprisonment, except that m case of an offense 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 my forest, woodland, brush', prairie, grass, grain, stubble or any other material being or growing on lands not his Dwn. without the permission of the owner of such land; provided, that it shall be lawful to build, in a careful man- ner, camp fires on any unenclosed lands, the owper 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 de- parting 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 con- trol 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, rubbish, fallen timber, fallows, grass of any other thing whatsoever, or blasting wood with dynamite, powder or other explosives, or setting off Rreworks in forest or brush-covered land, either his own ar the property of another during a dry season; provided, that any state or district fire warcLen, may. In his reasonable discretion, give a written permit to any person desiring to build fires or blast as aforesaid; such permit shall con- tain such rules and regulations for the building and man- agement of such fires as the state board of forestry may from time to time prescribe; and no person shall be con- victed under this sub-section, who shall upon the trial prove, affirmatively, that he has complied with all the rules and regulations so prescribed; and provided, further, that any person engaged in logging redwood may carefully use ex- plosives or fire in the manner in which it is now customarily used in such logging. 4. Using any logging locomotive, donkey or threshing 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, afiirmatively, that such engines or boilers used by him were provided with adequate devices to prevent the escape of flre 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. Refusing or failing to comply with the summons of any fire warden authorized to call out persons to aid in ex- tinguishing forest fires, unless prevented by good and suf- ficient 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 flre 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. (In effect 60 days from and after March 23, 1907.) 384a. Repealed. 084b. Repealed. {84c. Every person who wilfully or negligently, while ting upon the inclosed lands of another, kills, maims, or mds an animal, the property of another, is guilty of a demeanor. (In effect 60 days from and after March 18, 165 CRIMES AGAINST PUBLIC HEALTH. §§ 384a-3S5 ishable by fine not exceeding one thousand dollars, or by im- prisonment not exceeding one year, or both. En. February, 14, 1872. Am'd. 1905, 758. The amendment designates the punishment, and in this respect con- forms the section to the statute of 1871-2, page 96, on the same sub- ject, and inserts, after the word "lands," the words "not his own," to conform the section to what was .obviously the intent of the legis- lature. — Co'de Commissioner's Note. Cal. Eep. Cit. 90, 107,- 98, 270. Act to prevent destruction of forests: See post. Appendix, title Fires. Act to prevent destruction by fire of property of con- tiguous owners: See post. Appendix, title Fires. § SSla. Keeping fires within certain limits. Every per- son who starts a fire in hay, grain, stubble, grass, weeds, or woodland, without first carefully providing by plowing or otherwise, for the keeping of such fire within and upon the premises upon which it is started or set, whereby any prop- erty of an adjoining or contiguous resident or owner is in- jured or destroyed, is guilty of a misdemeanor. En. Stats. 1905, 758. This is a codiflcatinn of the statute of 1891, page 473, concerning the suijjecl set forth in the section. — Code Commissioner's Note. § 384b. Camp fire. Every person who, upon departing from a camp or camping place, willfully or negligently leaves fire burning or unextinguished, is guilty of a misdemeanor. En. Stats. 1905, 758. This is a codification of that part of section 5 of the statute of 1875-6, page 408, respecting the leaving of camp fires unextinguished.— Code Commissioner's Note. § 384c. Animals injured by persons hunting. Every per- son who willfully and negligently, while hunting upon the inclosed lands of another, kills, maims, or wounds an animal, the property of another, is guilty of a misdemeanor. En. Stats. 1905, 673. This i.s a codification of sections 4 and 5 of the statute of 1875-6, page 408, respecting the wounding of animals while hunting upon the lands of another. — ("ndc Commi.=sioner's Note. § 385. Obstructing attempts to extinguish fires. Every person who, at the burning of a building, disobeys the law- ful orders of any public officer or fireman, or offers any resistance to or interference with the lawful efforts of any fireman or company of firemen to extinguish the same, or §§ 3SG-390 CRIMES AGAINST PUBLIC HEALTH. 166 engages in any disorderly conduct calculated to prevent the same from being extinguished, or who forbids, pre- vents, or dissuades others from assisting to extinguish the same, is guilty of a misdemeanor. En. February 14, 1872. Fires and firemen: See Pol. Code, sees. 3335 et seq. § 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 receiving any remuneration for the use of the same, without authority of law, is guilty of a misdemeanor. En. February 14, 1872. Public ferries and toll-bridges: Pol. Code, sees. 2843 et seq. § 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 undertaking, is guilty of a misdemeanor. En. February 14, 1872. Undertaking by ferryman: See Pol. Code, sec. 2850. § 388. Eiding or driving faster than a walk on toll- bridges. Every person who willfully rides or drives faster than a walk on or over any toll-bridge, lawfully licensed, is punishable by fine not exceeding twenty dollars. En.- Feb- ruary 14, 1872. § 389. Crossing toll-bridges, 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 ex- ceeding twenty dollars. En. February 14, 1872. § 390. Engineer of locomotive engine omitting to ring bell when crossing highway. Every person in charge of a 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. En. February 14, 1872. Penalty of company in such cases: See Civ. Code, sec. 486. 167 CRIMES AGAINST PUBLIC HEALTH. §§ 391-396 § 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 car, whether propelled by steam or drawn by 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. En. February 14, 1872. See Pol. Code, sees. 2932, 2933. § 392, Placing passenger cars in front of freight cars. Every person who, 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 misde- meanor, and if loss of life or limb results from such placing or running, is guilty of felony. The term "freight car," as used in this section, does not include a baggage, express, or mail ear. En. February 14, 1872. § 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 omis- sion of his duty as such officer, agent or servant, whereby human life or safety is endangered, the punishment of which is not otherwise prescribed, is guilty of a misde- meanor. En. February 14, 1872. § 394. Exposing person infected with any contagious disease in a public place. Every person who willfully ex- poses himself or another afflicted with any contagious 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. En. February 14, 1872. § 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. En. February 14, 1872. § 396. Racing upon highways. Every person driving any conveyance drawn by horses, upon any public road, or way, who causes or suffers his horses to run, with intent to §§ 397-399 CRIMES AGAINST PUBLIC HEALTH. 168 pass another conveyance, or to prevent such other from passing his own, is guilty of a misdemeanor. En. Feb- ruary 14, 1872. § 397. Selling liquor to Indians. 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, is guilty of a misdemeanor. En. February 14, 1872. Am'd. 1873-4, 462; 1893, 98; 1897, 29; 1903, 93. Cal. Rep. Cit. 105, 345; 105, 346; 105, 347; 113, 174; 113, 178. Act relating to sale of liquors to minors: See post. Ap- pendix, title Intoxicating Liquors. § 3971). 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 intoxicat- ing liquors are sold, shall be guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine of not more than three hi;ndred dollars, or by imprisonment in the county jail for a period not exceeding one hundred and fifty days, or by both such fine and imprisonment; provided, that this section shall not apply to the parents of such children, or to guardians of their wards. En. Stats. 1905, 673. This is a codification of the act of the last session (Stats. 1906. p. 319), respecting the sale of intoxicating liquors to children.— Code Com- missioner's Note. § 398. Selling firearms and ammunition to Indians. Every person who sells or furnishes to any Indian any fire- arm, or ammunition therefor, is guilty of a misdemeanor. En. February 14, 1872. § 399. x)eath from mischievous animals. If the owner of a mischievous animal, knowing its propensitites, will- fully suffers it to go at large, or keeps it without ordi- nary care, and such animal, while so at large, or while not kept with ordinary care, kills any -human being who has taken all the precautions which the circumstances per- mitted, or which a reasonable person would ordinarily take 169 CRIMES AGAINST PUBLIC HEALTH. §§ 400-402 in the same situation, is guilty of a felony. En. Febru- ary 14, 1872. § 400. Exhibiting deformities of person. Every person exhibiting the deformities of another, or his own deform- ities, 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. En. Stats. 1873-4, 462. § 400. Aiding or encouraging suicide a felony. En. 1873-4, 433; amended and re-enacted as § 401; Stats. 1905, 770. 400. 401. There being two sections numbered 400 and 401, the one relating to the encouragement of suicide has been numbered 401.— Code Commissioner's Note. § 401. ^Aiding in suicide. Every person who deliberately aids, or advises, or encourages another to commit suicide, is guilty of a felony. As § 400 En, Stats. 1873-4, 433. Ee- numbered and amended 1905, 770. ^ See note to § 400, ante. There were formerly two sections numbered 401, one passed in 1880, and one in 1878. They were renumbered in 1891 as numbers 402% and 4021/^. En. Stats. 1877-8, 116, 1880, 41. Am'd. 1891, 27. § 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 m, 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. En. Stats. 1905, 770. This is a codification of the statute of 1875-6, page 759, concerning lovlg- ing-hou.sps and sleeping apartments. — Code Commissioner's Note. § 402. Using or exposing animal with glanders. Any person who shall knowingly sell, or offer for sale, or use, §§ 402i4-t02b CRIMES AGAINST PUBLIC HEALTH. 170 or expose, or who shall cause or procure to be sold or of- iered for sale, or used, or exposed 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 bring- ing 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. En. as 400 in Stats. 1880, 41. Am'd. 1889, 353; 1891, 26. This section was originally number four hundred, but was renumbered when the above amendment was adopted. Act to prevent spread of contagious diseases among ani- mals: See post. Appendix, title Animals. § 4021/4. Adulterating candy. En. 1877-8, 116, as § 401, amended and renumbered as 4021/4 by act of 1891, 27. Amended .and renumbered as § 402a by amendment 1905, 771. See post, 402a. • This section was originally number four hundred and one, but was renumbered when the amendment of 1891 was adopted. § 4021/2- Animal having glanders to be killed. En. 1880, 41, as § 401; amended and renumbered 402V,, 1891, 27. Eenumbered as § 402b, Stats. 1905, 771. See 'post, § 402b. This section was originally number four hundred and one, but was renumbered when the amendment of 1891 was adopted. § 4023/4. Unsafe scaffolding, penalty for erecting. En. Stats. 1903, 216. Amended and renumbered 402c, 1905, 771. See post, § 402e. § 402a. Adulteration of .candies. Every person who adulterates 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 adul- terated, is guilty of a misdemeanor. En. Stats. 1877-8, 116, as section 401. ' Am'd. 1891, 27; 1905, 771. •102a (402%). Section 40214 for purposes of convenience is renumbered 402a.— Code Commissioner's Note. § 402b. Diseased animal to be killed. Every animal hav- ing glanders or farcy shall at once be deprived of life by the 171 CRIMES AGAINST PUBLIC HEALTH. §§ 402c, 402d owner or person having cliarge thereof, upon discovery or knowledge of its condition; and any such owner or person omitting or refusing to comply with the provisions of this section shall be guilty of a misdemeanor. En. Stats. 1880, 41, as section 401, Am'd. 1891, 27; 1905, 771. This is a co-Jification of the statute of 1893, page 302.— Code Commission- er's Note. § 402c. Unsafe scaffolding, ladders, etc. Any person or corporation employing or directing another to do or per- form any labor in the construction, alteration, repairing, painting or cleaning of any house, building or structure within this state, who knowingly or negligently furnishes or erects or causes to be furnished or erected for the per- formance 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 "An act to amend an act entitled 'An act to establish and support a bureau of labor statistics, ap- proved 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 declare.d unsafe by such officer, contrary to the provisions of said section twelve of said act, shall be guilty of a misdemeanor. En. Stats. 1903, 216, as section 402%. Amended and renumbered 1905, 771. 40i:c (402%). The change consists in the renumbering of section 402% to 402c.— Code Commi.ssioner's Note. § 402d. Animals affected with contagious diseases to be kept within inclosure. Any person owning or having pos- session or control of any animal affected by any contagious or infectious disease, who fails to' keep the same within an inclosure, 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 contact with other animals not so affected, is guilty of a misdemeanor, and punishable by a fine of not more than five hundred dollars for each offense. En. Stats. 1905, 771. This is a codification of the statute of 1893, page 302.— Code Commis- sioner's Note. §§ 403-405 CRIMES AGAINST PUBLIC PEACE. 172 TITLE XI. OF CRIMES AGAINST THE PUBLIC PEACE. § 403. Disturbance of public meetings, other than religious or politi- cal. § 404. "Riot" denned. § 405. Riot, punishment of. § 406. "Rout" denned. § 407. "Unlawful a.?sembly" deHned. § 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. § 411. Consequence of resisting process after a county has been de- clared in a state of insurrection. § 412. Prize nghts. § 413. Persons present at prize fights. § 414. Leaving the state to engage in prize fights. § 415. Disturbing the peace in night-time. § 416. Refusing to disperse upon lawful command. § 417. Exhibiting deadly weapon in rude, etc., manner, or using the same unlawfully. § 418. Forcible entiy and detainer. § 419. Returning to .take possession of lands after being removed by legal proceedings. § 420. Inciting riot. CRepealed.) § 420. Preventing person from entering upon public lands. § 421. National Guard, discrimination against members of. § 403. Disturbance of pultlic meetings, • other than rc- liirious or political. Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting, 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. En. February 14, 1872. Section 59 refers to meetings of electors. Section 302 refers to religious meetings. § 404. "Riot" defined. Any use of force or violence, disturbing the public peace or any threat to use such force or violence, if accompanied by immediate power of exe- cution, by two or more persons acting together, and with- out authority of law, is a riot. En. February 14, 1872. Cal. Eep. Cit. 67, 418. Unlawful assembly: See sec. 407. § 405, Riot, punishment of. Every person who partici- pates in any riot is punishable by imprisonment in the county jail not exceeding two years, or by fine not exceed- ing two thousand dollars, or both. En. February 14, 1872. 173 CRIMES AGAINST PUBLIC PEACE. g§ 406-411 § 406. "Eout" defined. Whenever two or more persons, assembled and acting together, make any attempt or ad- vance toward the commission of an act, which woukl be a riot if actually committed, such assembly is a rout. En. February 14, 1872. § 407. "Unlawful assembly" defined. Whenever two or more persons assemble together to do an unlawful act, and separate without doing or advancing toward it, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly. En. February 14, 1872. • § 408. Punishment of rout and unlawful assembly. Every person who participates in any rout or unlawful assembly is guilty of a misdemeanor. En. February 14, 1872. § 409. Remaining present at place of riot, etc., after warning to disperse. Every person remaining present at the place of any riot, rout, or unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to. dis- perse the same, is guilty of a misdemeanor. En. February 14, 1872. § 410. Magistrates neglecting or refusing to disperse rioters. If a magistrate or officer, having notice of an un- lawful or riotous assembly, mentioned in this chapter, neglects to proceed to the place of assembly, or as near thereto as he can with safety, and to exercise the author- ity with which he is invested for suppressing the same and arresting the offenders, he is guilty of a misdemeanor. En. February 14, 1872. § 411. Conseq.uence 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 section seven hundred and thirty-two, resists or aids in resisting 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 insur- rection, is punishable by imprisonment in the state prison not less than two years. En. February 14, 1872. See ante, sec. 148; post, sec. 731. §§ 412-414 CRIMES AGAINST PUBLIC PEACE. 174 § 412. Prize fights. Any person 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 pub- lishes a challenge or acceptance or [of] a challenge for such a contention, 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, ex- hibition 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 im- prisoned 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 governing bodies of cities and towns shall prescribe by ordinance; provided, further, that the boxers prior to each exhibition must be examined by a physician whc shall de- termine whether or not they are in perfect physical condi- dition. En. February 14, 1872. Am'd. 1899, 153; 1903, 409. Act to prohibit prize fighting: See post. Appendix, title Prize Fighting. § 413. Persons present at prize fights. Every person willfully present as a spectator at any fight or contention mentioned in the preceding section, is guilty of a dismeanor. En. February 14, 1872. § 414. Leaving the state to engage in prize fights. Every jierson who leaves this state with intent to evade any of the provisions of the last two sections, and to commit any act out of this state such as is prohibited ly them, and who does any act which would be punishable under these provisions if committed within this state, is punish- able in the same manner as he would have been in ease 173 CRIMES AGAINST PUBLIC PEACE. §§ 415-41S such act had been committed within this state. En. Feb- ruary 14, 1872. § 415. Disturbing the peace in night-time. Every per- son who maliciously and willfully disturbs the peace or quiet of any neighborhood or person, by loud or unusual noise, or by tumult.uous or offensive conduct, or threaten- ing, 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 gun or pistol in such unincorporated town, or uses any vulgar, profane or indecent language within the presence or hearing of women or children, in a ioud and boisterous manner, is guilty of a misdemeanor, and upon conviction by any court of competent jurisdiction shall be punished by fine not exceeding two hundred dollars, or by imprisonment in the county jail for not more than ninetj^ days, or by both fine and imprisonment, or either, at the discretion of the court. En. February 14, 1872. Am'd. 1877-8, 117. Cal. Rep. Cit. 62, 509; 62, 510. "Maliciously" and "willfully": See ante, sec. 7, subds. 1 and 4. Jurisdiction of police court: See Pol. Code, sec. 4426. § 416. Refusing to disperse upon lawful command. If two or more persons assemble for the purpose of dis- turbing the public peace, or committing any unlawful act, and do not disperse on being desired or commanded so to do by a public officer, the persons so offending are sever- ally guilty of a misdemeanor. En. February 14, 1872. § 417. Exhibiting deadly weapon in rude, etc., manner, or using the same unlawfully. Every person who, not in necessary self-defense, in the presence of two or more per- sons, draws or exliibits 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 mis- demeanor. En. February 14, 1872. § 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 §§ 419-421 CRIMES AGAINST PUBLIC PEACE. 176 or other possessions of another, except in the cases and in the manner allowed by law, is guilty of a misdemeanor. En. February 14, 1872. Cal. Eep. Cit. 60, 574. Forcible entry and detainer: See post, sees. 1159 et seq. § 419. Keturning to take possession of lands after being removed by legal proceedings. Every person who has been removed from any lands by process of law, or who has removed from any lands pursuant to the lawful adjudica- tion or direction of any court, tribunal, or oflB.cer, and who afterwards unlawfully returns to settle, reside upon, or take possession of such lands, is guilty of a misdemeanor. En. February 14, 1872. § 420. Inciting riot. (Eepealed.) En, Stats, 1877-8, 117. Eep. Stats. 1880, 1. § 420. Preventing person from entering upon public lands. Every person who unlawfully prevents, hinders, or obstructs any person from peaceably 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. En. Stats. 1877-8, 117. Eep. Stats. 1880, 1. En. Stats. 1905, 675. This is a codification of the statute of 1887, page 147.— Code Commis- sioner's Note. § 421. National Guard, discrimination against members of. No association or corporation shall by any constitution, rule, by-law, resolution, vote or regulation, discriminate against any member of the National Guard of California be- cause of his membership therein. Any person who willfully aids in enforcing any such constitution, rule, by-law, reso- lution, vote or regulation against any member of said Na- tional Guard of California, is guilty of a misdemeanor. En. Stats. 1905, 190. CRIMES AGAINST REVENUE OF STATE. § 424 TITLE XII. OF CRIMES AGAINST THE REVENUE AND PROPERTY OF THIS STATE. § 424. Embezzlement and falsification of accounts by public officers. § 425. Officers neglecting to pay over public moneys. § 426. "Public moneys," as used in the preceding section, defined. § 427. Failure to pay over fines and forfeitures received, a misde- meanor. § 428. Obstructing officer in collecting revenue. § 429. Refusing to give assessor list of property, or giving false name. § 430. Making false statements, not under oath, in reference to taxes. § 431. Delivering receipts for poll-taxes, other than prescribed by law, or collecting poll-taxes, etc., without giving the re- ceipt prescribed by law. § 432. Having blank receipts for licenses, etc., other than those pre- scribed by law. § 433. (Repealed.) § 434. Refusing to give name of persons in employment, etc. § 435. Carrying on business without license. § 436. Unlawfully acting as auctioneer. § 437. (Repealed.) § 438. (Repealed.) § 439. Effecting insurance on account of foreign companies that have not complied with the laws of this state. § 440. Officer charged with collection, etc., of revenue, refusing to per- mit inspection of his books. § 441. Board of examiners, controller, and treasurer, neglecting cer- tain duties. § 442. Unlawful conversion of military property. § 443. Selling state arms, etc. (Repealed.) § 424. EmTjezzlement and falsification of accounts by public ofiicers. Each officer of this state, or of any county, city, town, or district of this state, and every other person charged with the receipt, safekeeping, transfer, or disburse- ment of public moneys, who either: 1. Without authority of law, appropriates the same, or any portion thereof, to his own use, or to the use of another; or, 2. Loans the same or any portion thereof; makes any profit out of, or uses the same for any purpose not authorized by law; or, 3. Knowingly keeps any false account, or makes any false entry or erasure in any account of or relating to the same; or, 4. Fraudulently alters, falsifies, conceals, destroys, or ob- literates any such account; or, 5. "Willfully refuses or omits to pay over, on demand, any public moneys in his hands, upon the presentation of a draft. Pen. Code— 12 §§ 425-427 CRIMES AGAINST REVENUE OF STATE. ITS order, or warrant drawn upon such moneys by competent au- thority; or, 6. Willfully omits to transfer the same, when such transfer is required hj law; or, 7. Willfully omits or refuses to pay over to any officer or person authorized by law to receive the same any money re- ceived by him under any duty imposed by law so to pay over the same; — Is punishable by imprisonment in the state prison for not less than one nor more than ten years, and is disqualified from holding any office in this state. En. Februarv 14, 1872. Am'd. 1880, 30; 1905, 53. Cal. Eep. Cit. 54, 63; 70, 524; 87, 609; 91, 511; 100, 23; 103, 489; 113, 211; 117, 244; 124, 454; 124, 455; 124, 456; 136, 445. Subd. 2—117, 243. Subd. 3—117, 243. Subd. 4—117, 243. Subd. 10—70, 526; 120, 5. § 425. Officers neglecting to pay over public moneys. Every officer charged with the receipt, safe-keeping, or dis- bursement of public moneys, who neglects or fails to keep and pay over the same in the manner prescribed by law, is guilty of felony. En. February 14, 1872. Cal. Rep. Cit. 52, 200; 91, 511. Fines to be paid over: Sees. 1457, 1570. § 426. "Public moneys," as used in the preceding sec- tion, defined. The phrase "public monej's, " as use J in the two preceding sections, includes all bonds and evidence of indebtedness, and all moneys belonging to the state, or any city, county, town, or district therein, and all moneys, bonds, and evidences of indebtedness received or held by state, county, district, city or town officers in their official capacity. En. February 14, 1872. Cal. Eep. Cit. 117, 244. § 427. Failure to pay over fines and forfeitures received, a misdemeanor. If any clerk, justice of the peace, sheriff, or C'oustable, who receives any fine or forfeiture, refuses or neglects to pay over the same according to law, and within thirty days after the receipt thereof, he is guilty of a misdemeanor. En. February 14, 1872. Cal. Eep. Cit. 65, 478. Fines to be paid over: See post, sees. 1457, 1570. 179 CRIMES AGAINST REVENUE OF STATE. §§ 428-432 § 428. Obstructing officer in collecting revenue. Every person who willfully obstructs or hinders any public offi- cer from collecting any revenue, taxes, or other sums of money in which the people of this state are interested, and which such officer is by law empowered to collect, is guilty of a misdemeanor. En. February 14, 1872. Cal. Rep. Cit. 91, 510; 91, 511. § 429. Refusing to give assessor list of property, or giving false name. Every person who unlawfully refuses, upon demand, to give to any county assessor a list of his property subject to taxation, or to swear to such list, or who gives a false name or fraudulently refuses to give his true name to any assessor, when demanded by such as- sessor in the discharge of his official duties, is guilty of a misdemeanor. En. February 14, 1872. Statement of property owned: See Pol. Code, sees. 3629, 3631. § 430. Making false statements, not under oath, in ref- erence to taxes. Every person who', in making any state- ment, not upon oath, oral or written, which is required or authorized by law to be made, as the basis of imposing any tax or assessment, or of an application to reduce any tax or assessment, willfully states anything which he knows to be false, is guilty of a misdemeanor. En. February 14, 1872. Statement of value: See Pol. Code, sees. 3629-3631; re- duction of valuation, sees. 3674, 3675. § 431. Delivering receipts for poll-taxes, other than prescribed by law, or collecting poll-taxes, etc., without giving the receipt prescribed by law. Every person who uses or gives any receipt, except that prescribed by law, as evidence of the payment of any poll-tax, road-tax, or license of any kind, or who receives payment of such tax or license without delivering the receipt prescribed by law, or who inserts the name of more than one person therein, is guilty of a misdemeanor. En. February 14, 1872. See Pol. Code, Licenses, sees. 3356-3385. § 432. Having blank receipts for licenses, etc., other than those prescribed by law. Every person who has in his possession, with intent to circulate or sell, any blank §§ 433-439 CRIMES AGAINST REVENUE OF STATE. ISO licenses or poll-tax receipts other than those furnished by the controller of state or county auditor, is guiltv of felony. En. February 14, 1872. See Pol. Code, sees. 3839-3845. § 433. (Eepealed.) En. February 14, 1872. Eep. April 1, 1872. [The repealing act is on file in the secretary of state's office, but is not printed in the statutes. See Deer- ing's Penal Code under this section.] § 434. Refusing to give name of persons in employment, etc. Every person who, when requested by the collector of taxes or licenses, refuses to give to such collector the name and residence of each man in his employment, or to give such collector access to the building or place where such men are employed, is guilty of a misdemeanor. En. February 14, 1872. See Pol. Code, sees. 3848-3850. § 435. Carrying on business without license. Every person who commences or carries on any business, trade, profession, or calling, for the transaction or carrying on of which a license is required by any law of this state, without taking out or procuring the license prescribed by such law, is guilty of a misdemeanor. En. Februarj' 14, 1872. Cal. Eep. Cit. 69, 608; 69, 611; 71, 468; 85, 210; 106, 404; 106, 405; 106, 406; 106, 408; 114, 282. License law: See Pol. Code, Licenses, sees. 3356-3386. § 436. Unlawfully acting as auctioneer. Every person who acts as an auctioneer in violation of the laws of this state relating to auctions and auctioneers, is guilty of a misdemeanor. En. February 14, 1872. Auctioneers: See Pol. Code, sees. 3284-3292, 3376. §§ 437, 438. (Eepealed.) En. February 14, 1872. Eep. April 1, 1872. [The repealing act is on file in the secretary' of state's office, but is not printed in the statutes. See Deering's Penal Code under this section.] § 439. Effecting insurance on account of foreign com- panies that have not complied with the laws of this state. Every person who in this state procures, or agrees to 4431/2 (new). Every person, other than an officer or ?nlisted man of the National Guard or Naval Militia of the State of California, or of any other state, or of the United States Army, Navy, Marine Corps or Revenue Ser- vice or Forest Service, or inmate of any veterans' or sol- Jiers' home, who at any time wears the uniform of the United States Army or Navy or National Guard, or any part of such uniform, or a uniform or part of a uniform similar thereto, within the bounds of the State of California, s guilty of a misdemeanor, and if found guilty of such jffense shall be punishable by a fine of not less than one lundred nor more than two hundred and fifty dollars, or 3y imprisonment in the county jail not exceeding sixty lays, or by both such fine and imprisonment; provided, ;hat nothing in this act shall be construed as prohibiting persons of the theatrical profession from wearing such uni- form in any playhouse or theatre while actually engaged n following said profession, and provided, that nothing in his act shall be construed as prohibiting the uniform rank )f civic societies parading or traveling in a body or assem- )ling in a lodge room; and provided further, that whenever he National Guard, or any part thereof is in active service, )r is called into active service, no civic organization or nember thereof shall parade or appear in uniform in the ocality where said National Guard is in service. (In effect ;Iarch 21, 1907.) ISl CRIMES AGAINST REVENUE OF STAT^. §§ 440-«3 procure, any insurance for a resident of this state, from any insurance company not incorporated under the laws of this state, unless such company or its agent has filed the bond required by the laws of this state relating to insurance, is guilty of a misdemeanor. En. February 14, 1872. Bonds from foreign corporations: Pol. Code, sec. 623. § 440. Oificer charged with collection, etc., of revenue, refusing to permit inspection of his books. Every officer charged with the collection, receipt, or disbursement of any portion of the revenue of this state, who, upon demand, fails or refuses to permit the controller or attorney-general to inspect his books, papers, receipts, and records pertain- ing to his office, is guilty of a misdemeanor. En. February 14, 1872. Cal. Eep. Cit. 43, 167. § 441. Board of examiners, controller, and treasurer neglecting certain duties. Every member of the board of examiners, and every controller or state treasurer, who violates any of the provisions of the laws of this state relating to the board of examiners, or prescribing its pow- ers and duties, is guilty of a felony. En. February 14, 1872. , Board of examiners: Pol. Code, sees. 654 et seq. § 442. Unlawful conversion of military property. Any person who shall secrete, sell, dispose of, offer for sale, pur- chase, retain after demand made by a commissioned officer of the National Guard, or in any manner pawn or pledge any arms, uniforms, equipments, or other military property of the State of California, or of any company of the Na- tional Guard shall be guilty of a misdemeanor. En. Feb- ruary 14, 1872. Am'd. 1905, 144. See Pol. Code, sees. 1963-1968. § 443. Selling state arms, etc. En. February 14, 1872. Eep. 1905, 145. § 447 ARSON. 182 TITLE XIII. OF CEIMES AGAINST PEOPEETY. 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^. VI. Embezzlement, §§ 503-514. VII. Extortion, §§ 518-526. VIII. False Personation and Cheats, §§ 528-538%. IX. Fraudulently Fitting Out and Destroying Ves- sels, §§ 539-5431/2- X. Fraudulently Keeping Possession of Wrecked Property, §§ 544, 545. XL Fraudulent Destruction of Property Insured, §§ 548, 549. XIL False Weights and Measures, §§ 552-555. XIII. Fraudulent Insolvencies by Corporations, and Other Frauds in their Management, §§ 557-572. 9 XIV. Fraudulent Issue of Documents of Title to Merchandise, §§ 577-583. XV. Malicious Injuries to Eailroad Bridges, High- ways, Bridges, and Telegraphs, §§ 587-593a. CHAPTEE I. ARSON. § 447. Arson defined. § 448. "BuiMing" defined. § 449. "Inhabited building" defined § 430. "Night-time" defitjed. § 451. "Burning" defined. § 452. Ownership of the building. § 453. Degrees of arson. § 454. Arson of the first degree. Arson of the second degree. § 455. Punishment of arson. § 447. Arson defined. Arson is the willful and mali- cious burning of a building with intent to destroy it. En. February 14, 1872. 1S3 ARSON. §§ 448-454 Cal. Rep. Cit, 51, 320; 71, 49; 81, 617; 81, 618; 103, 445; 113, 406; 127, 340. Burning insured property: Post, see. 548. § 448. "Building" defined. Any house, edifice, structure, vessel, or other erection, capable of affording shelter for human beings, or appurtenant to or connected with an erection so adapted is a "building" within the meaning of this chapter. En. February 14, 1872. Cal. Eep. Cit. 71, 49; 81, 617; 103, 445. § 449. "Inhabited building" defined. Any building which has usually been occupied by any person lodging therein at night is an "inhabited building," within the meaning of this chapter. En. February 14, 1872. Cal. Eep. Cit. 71, 49; 81, 617. § 450. "Night-time" defined. The phrase "night-time," as used in this chapter, means the period between sunset and sunrise. En. February 14, 1872. See sec. 463. § 451. "Burning" defined. To constitute a burning, within the meaning of this chapter, it is not necessary that the building set on fire should have been destroyed. It is sufficient that fire is applied so as to take effect upon any part of the substance of the building. En. February 14, 1872. Cal. Rep. Cit. 103, 445. § 452, Ownership of the building. To constitute arson it is not necessary that a person other than the accused should have had -ownership in the building set on fire It is sufficient that at the time of the burning another person was rightfully in possession of, or was actually occupying such building, or any part thereof. En. Feb- ruary 14, 1872. Cal. Rep. Cit. 71, 49; 81, 617; 113, 406; 120, 686; 135, 166. § 453. Degrees of arson. Arson is divided into two de- grees. En. February 14, 1872. Cal. Rep. Cit. 53, 627. § 454. Arson of the first degree. Arson of the second degree. Maliciously burning in the night-time an inhab- 7 §§ 433-4«l BrRGLARY AND HOUSEBREAKING. IRl ited building in which there is at the time some human being, is_ arson in the first degree. All other kinds of arson are of the second degree. En. February 14, 1872. Cal. Eep. Cit. 51, ^20; 53, 627. An act of April 1, 1872, Stats. 1871-2, 895, defining arson in the second degree, was superseded by the above section. Setting on fire of woods, prairies, grasses, or grain, on any lands: See ante, sec. 384. § 455. Punishment of arson. Arson is punishable by imprisonment in the state prison as follows: 1. Arson in the first degree, for not less than two j^ears; 2. Arson in the second degree, for not less than one nor more than twenty-five years. En. February 14, 1872. Am'd. 1901, 664. CHAPTER II. BURGLARY AND HOUSEBREAKING. § 459. "Burglary" defineJ. § 460. Punishment of burglary. § 461. "Housebreaking" defined. § 4fi2. Punishment of housebreaking. (Repealed.) § 463. "Night-time" defined. § 459. "Burglary" defined. Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse, or other building, tent, vessel, or railroad car, with intent to commit grand or petit larceny, or any felony, is guilty of burglary. En. February 14, 1872. Am'd. 1875-6, 111.' Cal. Eep. Cit. 52, 454; 55, 525; 56, 407; 58, 106; 59, 383; 61, 366; 65, 226; 67, 104; 86, 240;. 93, 113; 94, 482; 94, 597; 121, 347; 130, 602; 138, 146; 138, 484; 143, 129. § 460. Punishment of burglary. Everj^ burglary com- mitted in the night-time is burglary of the first degree, and every burglary committed in the day-time is burglary of the second degree. En. February 14, 1872. Am'd. 1875-6, 112. Cal. Rep. Cit. 59, 383; 73, 581; 106, 642; 144, 754. § 461. "Housebreaking" defined. Burglary of the first degree is punishable by imprisonment in the state prison ISS POSSESSING BURGLARIOUS INSTRUMENTS. §§ 462-467 for not less than one nor more than fifteen years. Burg- lary of the second degree is punishable by imprisonment in the state prison for not more than five years. En. February 14, 1872. Am'd. 1875-6, 112. Cal. Eep. Cit. 88, 120; 88, 173; 143, 599. § 462. Punishment of housebreaking. (Eepcaled.) En. February 14, 1872. Rep. 1875-6, 112. Cal. Rep. Cit. 48, 549. § 463. "Night-time" defined. The phrase "night-time," as used in this chapter, means the period between sunse/ and sunrise. En. February 14, 1872. Cal. Rep. Cit. 144, 754. See ante, sec. 450. CHAPTER III. HAVING POSSESSION OF BURGLARIOUS INSTRUMENTS AND DEADLY WEAPONS. § 4C6. Possession of burglarious Instruments. § 467. Having pos-session of deadly weapons. § 466. Possession of burglarious instruments. Every per- son having upon him, or in his possession, a picklock, crow, key, bit, or other instrument or tool, with intent feloniously to break or enter into any building, or who shall know- ingly make or alter, or shall attemj^t to make or alter, any key or other instrument above named, so that the same will fit or open the lock of a building, without being requested so to do by some person having 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 misdemeanor or felony, is guilty of misdemeanor. Any of the structures mentioned in section four hundred and fifty- nine of tnis code, shall be deemed to be a building within the meaning of this section. En. February 14, 1872. Am'd. 1873-4, 463. § 467. Having possession of deadly weapons. Every per- son having upon him any deadly weapon with intent to assault anothfr, is guilty of a misdemeanor. En. February 14, 1872. § 470 FORGERY AND COUNTERFEITING. 188 CHAPTEE IV. FORGERY AND COUNTERFEITING." I 470. Forgery of wills, conveyances, etc. § 471. Making false entries in records or returns. § 472. Forgery of public and corporate seals. § 473. Punishment of forgery. § 474. Forging telegraph or telephone messages. § 47.5. Passing or receiving forged notes. § 476. Making, passing, or uttering fictitious bills, etc. § 477. Counterfeiting coin, bullion, etc. § 478. Punishment of counterfeiting. § 479. Possessing or receiving counterfeit coin, bullion, etc. I 4S0. Making or possessing counterfeit dies or plates. § 4S1. Counterfeiting railroad or steamship ticket, etc. § 482. Restoring canceled railroad or steamship tickets. § 470. Forgery of wills, conveyances, etc. Every person who, with 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, writ- ing obligatory, will, testament, codicil, bond, covenant, bank bill or note, postnote, check, draft, bill of exchange, con- tract, 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 treasury, county order or warrant, or request for the pay- ment of money, or the delivery of goods or chattels of any kind, or for the delivery of any instrument of writing, or acquittance, 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 annu- ities, or to. let, lease, dispose of, alien, or convey any goods, chattels, lands, or tenements, or other estate, real or per- sonal, or any acceptance or indorsement of anj^ bill of exchange, promissory note, draft, order, or any assignment of any bond, writing obligatory, promissory note, or other contract for money or other property; or counterfeits or forges the seal or handwriting of another; or utters, pub- lishes, passes, or attempts to pass, as true and genuine, any 187 FORGERY AND COUNTERFEITING. §§ 471, 472 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 defraud any person; or who, with intent to defraud, alters, corrupts, or falsifies any record of any will, codicil, conveyance, 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 forgery. En. February 14, 1872. Am'd. 1905, 673. The change consists in tlie insertion of the words "or of a fictitious person." in the beginning of the section. The purpose of the amend- ment 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 demand. — Code Commissioner's Note. Cal. Eep. Cit. 65, 279; 66, 262; 70, 63; 77, 465; 84, 569 90, 587; 90, 589; 91, 473; 92, 592; 96, 174; JOG, 665 103, 564; 103, 565; 105, 38; 108, 442; 111, 280; 113 280; 114, 353; 117, 30; 118, 292; 119, 167; 122, 495 123, 410; 127, 100; 130, 452; 133, 125; 133, 126; 133 127; 135, 301; 137, 451; 137, 452; 137, 453; 137, 454 139, 68; 143, 119. Forgery of records: See post, sec. 471. § 471. Making false entries in records or returns. Every person who, with intent to defraud another, makes, forges, 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. En. February 14, 1872. Cal. Eep. Cit. 96, 174; 133, 125. Forgery of records: See ante, sec. 470. § 472. Forgery of public and corporate seals. Every person who, with intent to defraud another, forges, or counterfeits the seal of this state, the seal of any public officer authorized by law, the seal of any court of record, or the seal of any corporation, or any other public seal authorized or recognized by the laws 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 who has in his possession any such counterfeited seal or impression thereof, knowing it to be counterfeited, and willfully con- ceals the same, is guilty of forgery. En. February 14, 1872. Cal. Rep. Cit. 133, 125; 137, 451. §§ 473-475 FORGERY AND COUNTERFEITING. 18S § 473. Punishment of forgery. Forgery is punishable by imprisonment in the state prison for not less than one nor more than fourteen years. En. February 1-i, 1872. Cal. Rep. Cit. 133, 12.5. § 47i. Forging telegraph or telephone messages. Every person who knowingly and willfully 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 willfullj^ delivers or causes to be de- livered to any person any such message falsely purporting to have been received by telegraph or telephone, or who 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, injure, 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. En. February 14, 1872. Am'd. 1905, 674. The change consists in the insertion of the wordj "or telephone" after "telegraph." — Code Commissioner's Note. Cal. Eep. Cit. 143, 119; 143, 128. § 475. Passing or receiving if orged notes. Every person who has in his possession, or receives from another per- son, any forged promissoiy note or bank-bill, 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 issued by any incorporated bank or banking company, with intention to fill up and complete such blank and unfinished note or bill, or to permit, or cause, or pro- cure the 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 defraud any person, is punishable by imprisonment in the state prison for not less than one nor more than fourteen years. En. February 14, 1872. t76a (new). Every person who, willfully, with intent to raud, makes or draws, or utters, or delivers to another 3on any check or draft on a bank, banker or depositary the payment of money, knowing at the time of such iing, drawing, uttering or delivery, that he has not icient funds in or credit with such bank, banker or de- itary to meet such check »r draft in full upon its presen- on, is punishable by imprisonment in the state prison not less than one year nor more than fourteen years. : word "credit" as used herein shall be construed to be arrangement or understanding with the bank or de- tary for the payment of such check or draft. (In effect lays from and after March 19, 1907.) 1S9 FORGERY AND COUNTERFEITING. §§ 476-473 § 476, Making, passing, or uttering fictitious bills, etc. Every jierson who makes, j^asses, 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, 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, corpora- tion, copartnership, or individual, when, in fact, there is no such bank, corporation, copartnership, or individual in ex- istence, knowing the bill, note, check, or instrument in writ- ing to be fictitious, is punishable by imprisonment in the state prison for not less than one nor more than fourteen years. En. February 14, 1872. Cal. Eep. Cit. 90, o87; 90, 589; 105, 38; 105, 39; 105, 40; 109, 296; 109, 297; 109, 298; 114, 351; 114, 353; 119, 169; 133, 122; 133, 123; 133, 125; 133, 126; 133, 127; 135, 300; 135, 301; 137, 451; 137, 452; 137, 454. § 477. Counterfeiting, coin, bullion, etc. Every person who counterfeits any of the species of gold or silver coin current in this state, or any kind or 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 per- mits, causes or procures the same to be sold, uttered, or passed, with intention to defraud any person, knowing the same to be counterfeited, is guilty of counterfeiting. En. February 14, 1872. § 478. Punishment of counterfeiting. Counterfeiting is punishable by imprisonment in the state prison for not less than one nor more than fourteen years. En. February 14, 1872. § 479. Possessing or receiving counterfeit coin, bullion, etc. Every person who has in his possession, or receives for any other person, any counterfeit gold or silver coin of the species current in this state, or any counterfeit gold 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 defraiul any person, knowing the same to be counterfeit, is pun- ishable by imprisonment in the state prison not less than one nor more than fourteen ycai's. En. February 14, 1872. §§ 480-4S2 FORGERY AND COUNTERFEITING. 190 § 480. Making or possessing counterfeit dies or plates. Every person who makes, or knowingly has in his posses- sion any die, plate, or any apparatus, paper, metal, ma- chine, or other thing whatever, made use of in counter- feiting coin current in this state, or in counterfeiting gold dust, gold or silver bars, bullion, lumps, pieces, or nug- gets, or in counterfeiting 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 pur- pose aforesaid, must be destroyed. En. February 14, 1872. Cal. Eep. Cit. 80, 285; 80, 286; 80, 287. § 481. Counterfeiting railroad or steamsMp tickets. Every person who counterfeits, forges, or alters any ticket, check, order, coupon, receipt for fare, or pass, issued by any railrgad or steamship company, or by any lessee or manager thereof, designed to entitle the holder to ride in the cars or vessels of such conmpany, or who utters, publishes, or puts into circulation, any such counterfeit or altered ticket, check, or order, coupon, receipt for fare, or pass, with ijitent 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 exceeding one year, or by fine not exceeding one thousand dollars, or by both such imprisonment and fine. En. Stats. 1873-4, 433. Am'd. 1905, 675. The change consists in the insertion of the words "or steamship" after "railroad," and "or vessels" after "cars." — Code Commissioner's Note. § 482. Restoring canceled railroad or steamship tickets. Every person who, for the purpose of restoring to its orig- inal appearance and nominal value in whole 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 in- tent to defraud, offers for sale, or in payment of fare on the railroad or vessel of the company, such ticket, check, order, coupon, or pass, knowing the same to have been so re- stored, in whole or in part, is punishable by imprisonment in 19i LARCENY. §§ 484, 485 the county jail not exceeding six months, or by a fine not exceeding one thousand dollars, or by both such imprison- ment and fine. En. Stats. 1873-4, 433. Am'd. 1905, 675. The words "or steamship" are twice Inserted after "railroad." — Code Commissioner's Note. Cal. Eep. Cit. 133, 125. CHAPTEE V. LARCENY. § 4S4. "Larceny" defined. ^ ; § 4S5. Larceny of lost property. § 4S6. Grand and petit larceny. § 4S7. Grand larceny defined. § 4SS. Petit larceny. § 489. Punishment of grand larceny. § 490. Punishment of petit larceny. § 491. Dogs property. § 4St2. Larceny of written insti'uments. § 493. Value of passage tickets. § 494. Written instruments completed but not delivered. § 495. Seveiing and removing part of the realty. § 4%. Receiver of stolen property. § 497. Larceny, and receiving stolen or embezzled property out of the state. §■ 498. Stealing gas. § 499* Stealing water. § 499a. Stealing electricity a misdemeanor. § 499b. Taking motor vehicle, bicycle, etc., temporarily a mis'demeanor. § .500. Larceny of goods saved from fire in San Francisco. § .'idl. Purchasing or receiving in pledge junk, etc. § 502. Applies sections 339, 342, and 343 to junk dealers. (Repealed.) § 5021/2. Removal of mortgaged property. § 484. "Larceny" defined. Larceny is the felonious stealing, taking, carrying, leading, or driving away the per- sonal property of another. En. February 14, 1872. Cal. Eep. Cit. 53, 59; 56, 80; 61, 135; 61, 528; 62, 141; 80, 51; 81, 137; 86, 239; 90, 572; 95, 228; 110, 601; 112, 339; 118, 26; 123, 524; 143, 129. Embezzlement: Sees. 503 et seq. Act to more fully define larceny: See post. Appendix, title Larceny. Act to punish stealing gold dust, amalgam, or quick- silver: See post. Appendix, title Larceny. § 485. Larceny of lost property. One who finds lost property, under circumstances which give him knowledge of or means of inquiry as to the true owner, and who ap- §§ 4S6-490 LARCENY. 132 propriates 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. En. February 14, 1872. Cal. Eep. Cit. 81, 137; 95, 230; 95, 231. Lost and unclaimed property: See Pol. Code, sees. 3136- 3157; Civ. Code, sees. 1864-1872. § 486. Grand and petit larceny. Larceny is divided into two degrees, the first of which is termed grand larceny; the second, petit larceny. En. February 14, 1872. CaL Eep. Cit. 66, 185; 67, 351; 86, 240; 91, 27; 112, 339. § 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 an- other. 3. When the property taken is a bicycle, horse, mare, gelding, cow, steer, bull, calf, mule, jack, or jenny. En. February 14, 1872. Am'd. 1895, 36; 1901, 290. CaL Eep. Cit. 49, 68; 56, 80; 59, 392; 61, 478; 65, 17; 66, 185; 67, 352; 80, 51; 100, 439; 112, 339; 114, 110; 116, 584; 120, 667; 140, 662; 144, 252. Subd. 2—139, 636, Subd. 3—62, 52; 62, 142; 90, 572. Larceny defined: See sec. 484. Stealing of gold dust, amalgam, quicksilver, etc., is grand larceny: See post, Appendix, title Larceny. § 488. Petit larceny. Larceny in other cases is petit larceny. En. February 14, 1872. Cal. Eep. Cit. 64, 404; 67, 352; 86, 240; 112, 339; 116, 584. Jurisdiction of police court: See Pol. Code, see. 4426. § 489. Punishment of grand larceny. Grand larceny is punishable bj' imprisonment in the state prison for not less than one nor more than ten years. En. February 14, 1872. Cal. Eep. Cit. 61, 135; 64, 252; 65, 299; 05, 300; 140, 662. § 490. Punishment of petit larceny. Petit larceny is punishable by fine not exceeding five hundred dollars, or Grand larceny is larceny committed in either of llowing cases: v^hen the property taken is of a value exceeding fifty k''hen the property is taken from the person of another, i^'hen the property taken is a horse, mare, gelding, teer, bull, calf, mule, jack or jenny. (In effect March .) 193 LARCENY. §§ 491-495 hy imprisonment in the county jail not exceeding six montlis, or both. En. Tcbruary 14, 1872. Cal. Eep. Cit. 64, 341; 66, 186; 73, 444; 109, 266. § 491. Dogs property. Dogs are personal property, ami their value ^s to be ascertained in the same manner as the value of other property. En. February 14, 1872. Am'd. 1887, 131. Cal. Eep. Cit. 80, 549. Malicious injury to animal: Post, sec. 597. § 492. Larceny of written instruments. If the thing stolen consists of any evidence of debt, or other written instrument, the amount of money due thereupon, or se- cured to be paid thereby, and remaining unsatisfied, or which in any contingency might be collected thereon, or the value o.f the property the title to which is shown there- by, or the sura which might be recovered in the absence thereof, is the value of the thing stolen. En. February 14, 1872. Cal. Eep. Cit. 90, 573. § 493. Value of passage tickets. If the thing stolen is any ticket or other paper or writing entitling or purport- ing to entitle the holder or proprietor thereof to a pass- age upon any railroad or vessel or other public convey- ance, the price at which tickets entitling a person to a like passage are usually sold by the proprietors of such convevance is the value of such ticket, paper, or writing. En. February 14, 1872. . § 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 ready 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. En. February 14, 1872. Embezzlement of evidence of debt: Post, sec. 510. § 495. Severing and removing part of the realty. The provisions of this chapter apply where the thing taken is Pen. Code— 13 §§ 496, 497 LARCENY. 194 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\'ious time. En. February 14, 1872. Although outstanding crops are part of the realty, they are subjects of larceny: See post. Appendix, title Lar- ceny. Act to punish stealing from mining claim, etc.: See post. Appendix, title Larceny. Severing personalty from realty: See post. Appendix, title Larceny. § 496. Receiver of stolen property. Every person who, for his own gain, or to prevent the owner from again pos- sessing his property, buys or receives any personal property, knowing the same to have been" stolen, is punishable by im- prisonment in the state prison not exceeding five years, or in the county jail not exceeding six months; and it shall be presumptive evidence that such property was stolen, if the same consists of jewelry, silver, or plated ware, or articles of personal ornament, if purchased or received from a 'per- son under the age of eighteen years, unless such property is sold by such minor at a fixed place of business carried on by such minor or his employer. En. February 14, 1872. Am'd. 1873-4, 464; 1905, 718. 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. — Code Commissioner's Note. Cal. Eep. Cit. 89, 495; 89, 499; 90, 573; 94, 574; 135, 62; 135, 63. § 497. Larceny, and receiving stolen or embezzled prop- erty out of the state. Every person who, in another state or country, steals or embezzles the property of another, or receives such property 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 re"ceiving, had been committed in this state. En. February 14, 1872. Am'd. 1905, 718. The object of the amendment is to enlarge the scope of the section to include cases of embezzlement, and to accomplish this purpose the words "or embezzle" have been inserted after "steals," the word "embezzled" has been inserted after "stolen," and the words "or embezzlement" have been inserted after "larceny." — Code Commis- sioner's Note. 496. Every person who for his own gain, or to prevent e owner from again possessing his property, buys or ceives any personal property, knowing the same to have ;en stolen; or any person who having bought or received olen personal property, who after having been informed at said property then in his possession is stolen property, id after a demand, in writing, for the delivery of same LS been made upon him by the owner of said stolen prop- ty, or a peace officer, within three months after he bought received the same, secretes said property, or gives, sells, nveys or transfers said stolen property to another person t entitled thereto, with intent to prevent the owner from ain possessing his property, is punishable by imprison- snt in the state prison not exceeding five years, or in the unty jail not exceeding six months, and it shall be pre- mptive evidence that such property was stolen, if the me was purchased or received from a person under the age eighteen years, unless such property was sold by such inor at a fixed place of business carried on by such minor his employer. (In effect 60 days from and after March , 1907.) ■195 LARCENY. §§ 498-499b § 498. Stealing gas. 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 ori- fice, by or at which illuminating gas is consumed, around or without passing through the meter provided for the measuring and registering the quantity consumed, or in any 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. En. February 14, 1872. § 499. Stealing water. Every person who, with intent to injure or defraiid, connects or causes to be connected, any jjipe, tube, or other instrument, with any main, ser- vice-pipe, or other pipe, or conduit or flume 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 there- for, is guilty of a misdemeanor. En. February 14, 1872. Cal. Eep. Cit. 66, 215. § 499a. Stealing electricity a misdemeanor. Every per- son who, with intent to injure or defraud, shall unlawfully connect, or procure another to connect, with any electric apparatus or any electric wire, operated by any person, jicrsons, or corporation authorized to generate, transmit, and sell electric current, without the knowledge and con- sent of such person, persons, or corporation operating such apparatus or wires, for the purpose of appropriating elec- tric current for light, power, heat, or other use, and to evade payment therefor, or who shall, with like intent, injure or alter, or who shall procure to be 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 deemed guilty of a misdemeanor. En. Stats. 1901, 20. § 499b. Taking motor vehicle, bicycle, etc., temporarily, a misdemeanor. Any person who shall, without the permis- sion of the owner thereof, take any automobile, bicycle, motorcycle, or other vehicle, for the purpose of temporarily §§ 500-502% LARCEXY. 196 using or operating the same, shall be deemed guilty of a 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. En. Stats. 1905, 185. § 500. Larceny of goods saved from fire in San Fran- cisco, Eveiy person who, in the city and county of San Francisco, saves from fire or from a building endangered by fire, any property, and for two days thereafter corruptly neglects to notify the owner or fire marshal thereof, is punishable by imprisonment in the state prison for not less than one nor more than ten years. En. February 14, 1872. Property rescued from fire: See Pol. Code, sec. 3343. § 501. Purchasing or receiving in pledge junk, etc. Every person who purchases or receives in pledge or by way of mortgage from any person under the age of six- teen years any junk, metal, mechanical tools, or imple- ments, is guilty of a misdemeanor. En. Stats. 1871-2, 684. § 502. Applies sees. 339, 342, and 343 to junk dealers. (Kepealed.) En. Stats. 1871-2, 684. Rep. 1901, 75. Cal. Eep. Cit. 55, 306. § 5021/2. Removal of mortgaged property. Every person who, after mortgaging any real projterty, and during the existence of such mortgage, or after such mortgaged prop- erty shall have been sold under an order and decree of foreclosure, and with intent to defraud or injure the mort- gagee, his representatives, successors, or assigns, or the purchaser of such mortgaged premises at such foreclosure sale, his representatives or assigns, takes, removes, or carries away from such mortgaged premises, or other- wise disposes of, or permits the taking, removing, or carry- ing away, or otherwise disposing of, any house, barn, wind- mill, or water-tank, upon or affixed to such premises as an improvement thereon, without the written consent of the mortgagee, his representatives, successors, or assigns, of the purchaser at such foreclosure sale, his representa- tives or assigns, is guilty of larceny, and shall be punished accordingly. En. Stats. 1895, 78. See post, sec. 538, in the case of chattel mortgage. 19; EMBEZZLEMENT. §§ 503-505 CHAPTER VI. EMBEZZLEMENT. § 503. "Embezzlement'' defined. § 504. When officer, etc., guilty of embezzlement. § 505. Carrier, when guilty of embezzlement. § 506. When trustee, banker, etc., guilty of embezzlement. § 507. V/hen 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 a subject of embezzlement. § 511. Claim of title a ground of defense. § 512. Intent to restore property. § 513. Actual -restoration a ground for mitigation of punishment. § 514. Punishment. § 503. "Embezzlement" defined. Embezzlement is the fraudulent appropriation of property by a person to whom it has been intrusted. En. February 14, 1872. Cal. Eep. Cit. 61, 135; 69, 237; 77, 563; 82, 586; 91, 269; 91, 272; 100, 468; 108, 545; 120, 694; 124, 453; 133, 280; 133, 329; 136, 443; 142, 218; 143, 594. See ante, sec. 425. § 504. When officer, etc., guilty of embezzlement. Every officer of this state, or of any county, city, city and county, or other municipal corporation or subdivision thereof, and every deputy, clerk, or servant of any such officer, and every officer, director, trustee, clerk, servant, or agent of any association, society or corporation, (public or pri- vate) who fraudulently appropriates to any use or pur- pose not in the due and lawful execution of his trust, any property which he has in his possession or under his con- trol by virtue of his trust, or secretes it with a fraud- ulent intent to appropriate it to such use or purpose, is guilty of embezzlement. En. February 14, 1872. Ain'd. 1880, 8. Cal. Eep. Cit. 66, 274; 69, 237; 82, 586; 106, 312; 108, 541; 108, 542; 124, 453; 124, 454; 124, 455; 134, 303; 136, 451; 143, 67; 143, 68. Public moneys: See ante, sec. 424; and post, sec. 514. § 505. Carrier, when 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- §§ 506-510 EMBEZZLEMENT. 1»8 portation according to his trust, is guilty of embezzlement, whether he has broken the package in which such prop- erty is contained, or has otherwise separated the items thereof, or not. En. February 14, 1872. § 506. When trustee, banker, etc., guilty of embezzle- ment. Every trustee, banker, merchant, broker, attorney, agent, assignee in trust, executor, administrator, or collec- tor, 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 lawful execution of his trust, or secretes it with a fraudulent intent to appropriate it to such use or purpose, is guilty of embezzlement. En. February 14, 1872. Cal. Eep. Cit. 69, 237; 116, 390; 136, 443. § 507. When bailee, tenant, or lodger guilty of embezzle- ment. Every person intrusted with any property as 'bailee, 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 intent to convert to his own use, is guilty of embezzlement. En. February 14, 1872. Cal. Eep. Cit. 51, 379; 71, 389; 77, 563; 133, 329; 138, 465. § 508. When clerk, agent, or servant guilty of embezzle- ment. Every clerk, agent, or servant of any person who fraudulently appropriates to his own use, or secretes with a fraudulent intent to appropriate to his own use, any property of another which has eome into his control or care by virtue of his employment as such clerk, agent, or servant, is guilty of embezzlement. En. February 14, 1872. Cal. Eep. Cit. 66, 345; 69, 237; 71, 391; 77, 182; 77, 563; 100, 486; 143, 594. Embezzlement: See sees. 507, 508. § 509. Distinct act of taking. A distinct act of taking is not necessary to constitute embezzlement. En. February 14, 1872. Embezzlement and larceny distinguished: See ante, sees. 484, 503. § 510. Evidence of debt undelivered a subject of embez- zlement. Any evidence of debt, negotiable by delivery 506. Every trustee, banker, merchant, broker, attorney, ?ent, assignee in trust, executor, administrator, or collec- )r, or person otlierwise intrusted with or having in his jntrol property for the use of any other person, who ■audulently appropriates it to any use or purpose not In le due and lawful execution of his trust, or secretes it with fraudulent intent to appropriate it to such use or purpose, id any contractor who appropriates money paid to him )r any use or purpose, other than for that which he re- vived it, is guilty of embezzlement. (In effect 60 days ■om and after March 22, 1907.) 199 EMBEZZLEMENT. §§ 511-514 only, and actually executed, ia the subject of embezzlement, whether it has been delivered or issued as a valid instrument or not. En. February 14, 1872. See also, ante, sec. 494, § 511. Claim of title a ground of defense. Upon any indictment for embezzlement, it is a sufficient defense that the property was appropriated openly and avowedly, and under a claim of title preferred in good faith, even though such claim is untenable. But this provision does not ex- cuse the unlawful retention of the property of another to offset or pay demands held against him. En. February 14, 1872. Cal, Eep. Cit. 77, 562; 120, 26. § 512. Intent to restore property. The fact that the ac- cused intended to restore the property embezzled, is no ground of defense or mitigation of punishment, if it has not been restored before an information has been laid be- fore a magistrate, or an indictment found by a grand jury, charging the commission of the offense. En. February 14, 1872. Am'd. 1905, 682. The change consists In the insertion of the words "or an indictment found by a grand jury," after "magistrate." — Code Commissioner's Note. Cal. Rep. Cit. 135, 308; 138, 464. § 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. En. February 14, 1872. Am'd. 1905, 682. The change consists in the insertion of the words "or an indictment found by a grand jury," after "magistrate." — Code Commissioner's Note. Cal. Eep. Cit. 80, 56. Compromise by permission of court discharges prisoner, when: Post, sec. 1378. § 514. Punishment. Every person guilty of embezzle- ment is punishable in the manner prescribed for feloniously §§ 518, 519 EXTORTION. 200 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 within this state, the of- fense is a felony, and is punishable by imprisonment in the state prison not less than one nor more than ten years; and the person so convicted is ineligible thereafter to any office of honor, trust, or profit in this state. En. February 14, 1872, Am'd. 1880, 8; 1905, 682. The amendment substitutes "in" for "under'' before the word "this." tlius malting a person convicted of embezzlement Ineligible to any office in this state, whether it be a state oflfice or not. — Code Com- missioner's Note. Cal. Eep. Cit. 61, 135; 91, 273; 9-4, 575; 116, 386. Embezzlement of public funds. — "No person convicted of the embezzlement or defalcation 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 office of honor, trust, or profit under this state, and the legisla- ture shall provide by law for the punishment of embez- zlement or defalcation as a felony": Const. Cal. art. IV, see. 21. CHAPTEE VII. EXTORTION. § 518. "Extortion" defined. § 519. What threats may constitute extortion. § 5:^0. Punishment of extortion In certain cases. § 521. Extortion committed under color of official right. § 522. Obtaining signature by means of threats. § 523. Sending threatening letters with intent to extort. § 524. Attempts to extort by means of verbal threats. § 525. Officers of railroad companies making overcharges. § 526. Sale of tickets to theater, etc. § 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. En. February 14, 1872. Cal. Eep. Cit. 81, 277; 93, 456; 123, 522; 123, 523; 126, 367; 127, 214. § 519. What threats may constitute extortion. Fear, such as will constitute extortion, may be induced by a threat, either: 201 EXTORTION. §§ 520-523 .1. To do an unlawful injury to the person or property of the individual threatened, or to any relative of his, or member of his family; or, 2. To accuse him, or any relative of his, or members of his family of any crime; or, 3. To expose, or impute to him or them any deformity or disgrace; or, 4. To expose any secret affecting him or them. En. Feb- ruary 14, 1872. Cal. Eep. Git. 57, 563;. 63, 491; 81, 277; 81, 278; 81, 279; 95, 641; 95, 642; 123, 523. Subd. 2—126, 367. Subd. 1. Injury to property: See sec. 523. § 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. En. February 14, 1872. Cal. Eep. Git. 81, 279. Eobbery: Ante, sec. 211. § 521. Extortion committed under color of official right. Every person who commits any extortion under color of oificial right, in cases for which a different punishment is not prescribed in this code, is guilty of a misdemeanor. En. February 14, 1872. See ante, sec. 518. § 522. Obtaining signature by means of threats. Every person who, by any extortionate means, obtaiits from another his signature to any paper or instrument, whereby, if such signature were freely given, any property would be transferred, or any debt, demand, charge, or right of ac- tion created, is punishable in the same manner as if the actual delivery of such debt, demand, charge, or right of action were obtained. En. February 14, 1872. § 523. Sending threatening letters with Intent to extort. Every person who, with intent to extort any money or §§ 524-526 EXTORTION. 202 other property from another, sends or delivers to any per- son any letter or other writing, whether subscribed or not, expressing or implying, or adapted to imply, any threat such as is specified in section five hundred and nineteen, ia punishable in the same manner as if such money or prop- erty were actually obtained by means of such threat. En. February 14, 1872. Cal. Eep. Cit. 81, 278; 95, 641. Offense, when complete: See post, sec. 660. § 524. Attempts to extort 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 property from an- other, is guilty of a misdemeanor. En. February 14, 1872. Cal. Eep. Cit. 63, 491; 123, 523. § 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. En. February 14, 1872. Cal. Rep. Cit. 145, 637. Eate of charges: See Civ. Code, sec. 489. § 526. Sale of tickets to theater, etc. Every person who sells or offers for sale any ticket or tickets to any theater or other public place of amusement at a price in excess of that charged originally by the management of such theater or public place of amusement is guilty of a misdemeanor. En. Stats. 1905, 140. 5S6- Repealed. 203 FALSE PERSONATION AND CHEATS. §§ 528, 529 CHAPTEE VIII. FALSE PERSONATION AND CHEATS. § 52S. Marrying under false personation. § 529. Personating anotlier in private or official capacity. § 530. Receiving money or property in a false character. § 531. Fraudulent conveyances. § 532. Obtaining money, property Or labor by false pretenses. § 533. Selling land twice. § 534. Married person selling lands under false representations. § 535. Mock auction. § 526. Consignee, false statement by. § 537. Defrauding inn or boarding-house. . § 537. Removal of mortgaged chattels. (Repealed.) § 537%. Fi-audulent registration of cattle. § 537%. Defrauding owner of livery stable a misdemeanor. § 537a. Fraudulent registration of cattle. § 537b. Defrauding owners - of livery stables. § 538. Removing mortgaged personal property; further incumbrance or sale. § 53Sa. Misrepresentation of newspaper circulation. § 53Sb. Wearing badge of secret society unless entitled to. § 528. Marrying vu-der false personation. Every person who falsely personates anotlier, 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. En. February 14, 1872. Consent obtained by fraud: See Civ. Code, sec. 58. § 529. Personating another in private or ofacial 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 proceed- ing whatever, before any court or officer authorized to take such bail or surety; 2. Verifies, publishes, acknowledges, or proves, in the name of another person, any written instrument, with in- tent that the same may be recorded, delivered, or used as true; or, 3. Does any other act whereby, 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 whereby any §§ 530, 531 FALSE PERSONATION AND CHEATS. 204 benefit might accrue to the party personating, or to any other person; Is punishable by imprisonment in the county jail not ex- ceeding two years, or by fine not exceeding five thousand dollars. En. February 14, 1872. Am'd. 1905, 684. The change consists in the insertion of the words "in either his pri- vate or official capacity," after "another," 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 hel-d that the section did not apply to a case where a person falsely assumes an official character. — Code Commissioner's Note. Cal. Eep. Cit. 77, 439. Subd. 1—119, 73. Subd. 2—77, 437. . § 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, knowing that it is intended to be delivered to the individual so personated, with intent to convert the same to his own 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 monev or property so received. En. February 14, 1872. Am'd.^ 1905, 684. With the same object in view as in the amen'dment to the preceding section, the words "In either his private or official capacity" hav, been inserted after "another." — Code Commissioner's Note. Cal. Eep. Cit. 127, 282. § 531. Fraudulent conveyances. Every person who is a party to any fraudulent conveyance of any lands, tene- ments, 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 contrived with intent to deceive and defraud others, or to defeat, hinder, or delay creditors or others of their just debts, damages, or demands; or who, being a party as aforesaid, at any time wittingly and willingly puts in, uses, avows, maintains, 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 mentioned, to him or them conveyed as aforesaid, or any part thereof, is guilty of a misdemeanor. En. February 14, 1872. ^a FALSE PERSONATION AND CHEATS. §§ 532-534 Fraud. — Actual fraud is defined by section 1572, and constructive fraud by section 1573, Civ. Code. Fraudulent conveyances: Civ. Code, sees. 3439-3442. § 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 procures others to report falsely of Ifis wealth or mercantile character, and by thus imposing upon any person obtains credit, and thereby fraud- ulently gets possession of money or property, or obtains the labor or service of another, is punishable in the same man- ner and to the same extent as for larceny of the money or property so obtained. En, February 14, 1872. Am 'd. 1889, ' 14; 1905, 685. The amendment Is intended to make it criminal to procure the labor or services of another, or to defraud him of real property, by repre- sentations known to be false. "With respect to real property, this changes the rule announced in People v. Cummings, 114 Cal. 437. The change consists in the addition of the words "whether real or personal," after "property."— Code Commissioner's Note. Cal. Rep. Cit. 66, 11; 70, 117; 70, 118; 70, 529; 70, 531; 70, 532; 77, 174; 82, 273; 82, 275; 84, 38; 84, 472; 84, 474; 100, 354; 102, 562; 114, 438; 119, 597; 123, 267; 127, 282; 133, 329; 135, 269; 135, 270; 138, 528; 140, 662; 145, 737. § 533. Selling land twice. Every person who, after once selling, bartering, or disposing of any tract of land or town lot or after executing any bond or agreement for the sale jf any land or town lot, again willfully and with intent to defraud previous or subsequent purchasers, sells, barters, or disposes of the same tract of land or town lot, or any part thereof, or willfully and with intent to de- fraud previous or subsequent purchasers, executes any bond or agreement to sell, barter, or dispose of the same land or lot, or any part thereof, to any other person for a valu- able consideration, is punishable by imprisonment in the state prison not less than one nor more than ten years. En. February 14, 1872. Cal. Rep. Cit. 85, 87. § 534. Married persons selling lands under false repre- sentations. Every married person who falsely and fraud- ulently represents himself or herself as competent to sell §§ 535-537 FALSE PERSONATION AND CHEATS. 206 or mortgage any real estate, to the validity of whicli sale or mortgage the assent or concurrence of his wife or her husband is necessary, and under such representations will- fully conveys or mortgages the same, is guilty of felony. En. February 14, 1872. § 535. Mock auction. Every person who obtains any money or property from another, or obtains the signature of another to any written instrument, the false making of which would be forgery, by means of any falst or fraudu- lent sale of property or pretended property, by auction, or by any of the practices known as mock auctions, is pun- ishable by imprisonment in the state prison not exceed- ing 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 for- ever disqualified from receiving a license to act as auction- eer within this state. En. February 14, 1872. Auctioneers: See Pol. Code, sees. 3284 et seq. § 536. Consignee, false statement by. Every commis- sion merchant, broker, agent, factor, or consignee, who 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 con- cerning the price obtained 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 hun- dred dollars, or imprisoned in the county jail not exceed- ing six months, or by both such fine and imprisonment. En. Stats. 1880, 37. § 537. Defrauding inn or boarding-house. 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, res- taurant, boarding-house, or lodging-house by the use of any false pretense, or who, after obtaining credit or accom- modation at an hotel, inn, restaurant, boarding-house, or lodging-house absconds or surreptitiously removes his bag- gage therefrom without paying for his food or accommo- 207 FALSE PERSONATION AND CHEATS. §§ 537-537 D dations is guilty of a misdemeanor. En. Stats. 1889, 44. Am'd. 1903, 22. Cal. Eep. Cit. 119, 488; 121, 329. § 537. Eemoval of mortgaged chattels. En. Stats. 1887, 87, Am'd. 1893, 119, Eep. 1905, 685. There were formerly two sections of this number. The one repealed was the one enacted in 1887. The other which was enacted in 1SS9 and amended in 1903 is still in force. See Penal Code, 1903, p. 202. Code Commissioner Davis in his report on this section, says: There are two sections numbered 537. The one regarding the reinoval of mortgaged chattels is repealed, the matter contained in it being sufficiently provided for in section 538. — Code Commissioner's Note. § 5371/2- Fraudulent registration of cattle. En. Stats. 1889, 35. Amended and renumbered as 537a, 1905, 685. See post, § 537a. § 537%. Defrauding owner of livery stable a misde- meanor. En. Stats. 1903, 153. Amended and renumbered as 537b, 1905, 685. See post, § 537b. § 537a. Fraudulent registration of cattle. Every person who by any false or fraudulent pretense obtains from any club, association, society, or company, organized for the purpose of improving the breed of cattle, horses, sheep, swine, or other domestic animals, a certificate of registra- tion of any animal in the herd register, or any other regis- ter of any such club, association, society, or company, or a transfer of any such registration, and any person who, for a valuable consideration, gives a false pedigree of any ani- mal, with intent to mislead, is guilty of a misdemeanor. En. Stats. 1889, 35, as section 537^. Amended and renum- bered 1905, 685. 537a (537%). Section 537% is renumbered 537a, and the word "valu- able" is substituted for "legal," before "consideration." Section 2 is omitted because not properly a part of the Penal Code. — Code Com- missioner's Note. § 537b. Defrauding owners of livery stables. Any per- son 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 pro- prietor 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 § 538 FALSE PERSONATION AND CHEATS. 20)i cr 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 the same to a greater distance than contracted for; or allow a feed bill or other charges to accumulate against such property, with- out paying therefor; or abandon or leave the same, is guilty of a misdemeanor. En. Stats. 1903, 157, as section 537%. Renumbered 1905, 685. ?37b (537%). Renumbered, but not amended. — Code Commissioner's Note. § 538. Removing mortgaged personal property; further incumbrance or sale. Every person who, 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 ma- chinery in actual use, and vessels, during the existence of such mortgage, with intent to defraud the mortgagee, his representatives or assigns, takes, drives, carries away, or otherwise removes or permits the taking, driving, or carry- ing 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 incumbers the said mortgaged property, or any part thereof, or causes the same to be sold, transferred, or further incumbered, is guilty of larceny, and is punishable accordingly; unless at or before the time of making such sale, transfer, or incum- brance, such mortgagor informs the person to whom such sale, transfer, or incumbrance is made, of the existence of the prior mortgage, and also informs the prior mortgagee of the intended sale, transfer, or_ incumbrance, in writing, by giving the name and place of residence of the party to whom the sale, transfer, or incumbrance is to be made. En. Stats. 1893, 120. Am'd. 1905, 686. ■^he amendment extends the operation of the section to cases where personal property is taken, removed, or >3riven from the county in which it is mortgaged with the Intention of defrauding the mortga- gagee. The change consists in the addition of the words "with In- tent to defraud the mortgagee, his representatives or assigns, takes, diives, carries away, or otherwise removes or permits the taking, driving or carrying away, or other removal of the mortgaged prop- erty, or any part thereof, from the county where It was situated when mortgaged, without the written consent of the mortgagee, or who." — Code Commmissioner's Note. There were formerly two sections of this number, one added March 9, 1903, which appears above as amended in 1905. The other, added March 11, 1903, has been amended and renumbered 53Sa in 1905 and appears below. 209 FRAUDULENTLY DESTROYING VESSELS. §§ 538a-o40 § 538a. Misrepresentation of newspaper circulation. Every proprietor or publisher of any newspaper or periodi- cal who shall willfully and knowingly misrepresent the circulation of such newspaper or periodical, for the purpose of securing advertising or other patronage, shall be deemed guilty of a misdemeanor. En. Stats. 1893, 132, as section 538. Eenumbered and amended 1905, 680. 538a (538). Section 538 is renumbered 53Sa.— Code Commissioner's Note See note to section 538, ante. § 538b. Wearing badge of secret society unless entitled .to. Any person who willfully wears the badge, lapel button, rosette, or other recognized and established insignia of any secret society, order, or organization, or uses the same to obtain aid or assistance within this state, unless entitled to wear or use the same, under the constitution, by-laws, or rules and regulations, or other laws or enactments of such order or society, is guilty of a misdemeanor. En. Stats. 1905, 686. 538b (543V4). This section consists of the matter now in section 543%. Tlie change is made by placing the matter in a section in the proper chapter. By some inadvertence the legislature i^laced it in the chap- ter providing for the punishment of persons frau'dulently fitting out and destroying vessels. — Code Commissioner's Note. CHAPTEE IX. FRAUDULENTLY FITTING OUT AND DESTROYING VESSELS. § 539. Captain or other officer willfully destroying vessel, etc. § 540. Other person willfully destroying vessel, etc. § 541. Making false manifest, etc. §§ 542, 543. No sections. § 5431/2. Wearing the badge of secret order. (Repealed.) § 539. Captain or other ofScer willfully destroying ves- sel, etc. Every captain or other ofHeer or person in com- mand or charge of any vessel, who, within this state, will- fully wrecks, sinks, or otherwise injures or destroys such vessel, or any cargo in such vessel, or willfully permits the same to be wrecked, sunk, or otherwise injured or de- stroyed, with intent to prejudice or defraud any other person, is punishable by imprisonment in the state prison not less than three years. En. February 14, 1872. § 540. Other person willfully destroying vessel, etc. Every person, other than such as are embraced within the Pen. Code— 14 §■§ 541-545 KEEPING WRECKED PROPERTY. 210 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. En. February 14, 1872. § 541. Making false manifest, etc. Every 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 imprisonment in the state prison not exceeding three years. En. February 14, 1872. §§ 542, 543. [No sections of these numbers.] § 5431/2- Wearing the badge of secret order. En. Stats. 1S99, 90. Eep. 1905, 685. See ante, § 538b, note. CHAPTEE X. FRAUDULENTLY KEEPING POSSESSION OF WRECKED PROP- ERTY. § 544. Detaining wrecked property after salvage paid. § 545. Unlawful taking of wrecked property. § 544. Detaining wrecked property after salvage paid. Every person who keeps any wrecked property, or the proceeds thereof, after the salvage and expenses charge- able thereon have been agreed to or adjusted, and the amount thereof has been paid to him, is punishable by fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding one year, or both. En. Feb- ruary 14, 1872. Wrecks and wrecked property: Pol. Code, sees. 2403-2418. § 545. Unlawful taking of wrecked property. Every per- son who takes away any goods from any stranded ves- sel, or any goods cast by the sea upon the land, or found in any bay or creek, or knowingly has in his possession any g^ids 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 possession, is guilty of a misdemeanor. En. February 14, 1872. Wrecks and wrecked property: Pol. Code, sees. 2403-2418. 211 FALSE WEIGHTS AND MEASURES. §§ 548-552 CHAPTEE XI. FRAUDULENT DESTRUCTION OF PROPERTY INSURED. § 548. Burning or destroying property Insured. § 549. Presenting false proofs upon policy of insurance. § 548. Burning or destroying property insured. Every person who willfully burns, or in any other manner in- jures or destroys any property which is at the time in- sured 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 imprison- ment in the state prison not less than one nor more than ten years. En. February 14, 1872. Cal. Eep. Cit.^ 120, 169; 120, 687. Arson: See ante, sec. 447. § 549. Presenting false proofs upon policy of insurance. Every person who presents or causes to be presented any false or fraudulent claim, or any proof in support of any such claim, upon any contract of insurance for the payment of any loss, or who prepares, makes, or subscribes any ac- count, certificate of survey, affidavit, or proof of loss, or other book, paper, or writing with intent to present 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 fine not exceeding one thousand dollars, or by both. En. Feb- ruary 14, 1872. Notice and proof of loss: See Civ. Code, sees. 2633- 2637. CHAPTEE Xn. FALSE Vi'EIGHTS AND MEASURES. § 552. "False weight" and "measure" defined. § 553. Using false weights or measures. § 554. Stamping false weight, etc., on casks or packages. § 555. Weight by the ton or pound. § 552. "False weight" and "measure" defined. A false weight or measure is one which does not conform to the §§ 553-557 FRAUDULENT INSOLVENCIES. 1'12 standard established by the laws of the United States of America. En. February 14, 1872. Weights and measures: See Pol. Code, sees. 3209-.3223. § 553. Using false weights or measures. Every per- son 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. En. February 14, 1872. § 554. Stamping false weight, etc., on casks or pack- ages. Every person who knowingly marks or stamps false or short weight or measure, or false tare, on any cask or package, or knowingly sells, or offers for sale, any cask or package so marked, is guilty of a misdemeanor. En. Feb- ruary 14, 1872. § 555. Weight by the ton or pound. In all sales of coal, hay, and other commodities, usualh' sold by the ton or fractional parts thereof, the seller must give to the pur- chaser 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. En. Stats. 1875-6, 112. CHAPTER XIII. FRAUDULENT INSOLVENCIES BY CORPORATIONS, AND OTHER FRAUDS IN THEIR MANAGEMENT. § 557. Frauds In subscriptions for stock of corporations. § 558. Frauds in procuring organization, etc., of corporation. 8 5.59'. Unauthorized use of names in prospectus, etc. § 560. Misconduct of directors of stock corporations. § 561. Savings-bank officer overdrawing his account. § 562. Receiving deposits in insolvent banks. § 363. Frauds in keeping accounts in books of corporations. § 564. Officer of corporation publishing false reports. § .565. Officer of corporation to permit an inspection. § 566. Officer of railroad company contracting debt in its behalf ex- cee'ding its available means. § 567. Debt contracted in violation of last section not invalid. § 568. Director of a corporation presumed to have knowledge of us affairs. § 569. Director present at meeting, when presumed to have assente 1 to proceedings. § 570. Director absent from meeting, when presumed to have assented to proceedings. § .571. Foreign corporations. § 572. "Director" defined. § 557. Frauds in subscriptions for stock of corporations. Every person who signs the name of a fictitious person 213 FRAUDULENT INSOLVENCIES. §§ 558, 559 to any subscription for or agreement to take stock in any corporation existing or proposed, and every person who signs to any subscription 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 there- of, or under any understanding or agreement that the terms of such subscription or agreement are not to be complied with or enforced, is guilty of a misdemeanor. En. February 14, 1872. Subscription to articles of incorporation: Civ. Code, sec. 292. Subscription to capital stock: Civ. Code, sec. 293. Oath to subscription: Civ. Code, sec. 295. § 558. Frauds in procuring organization, etc., of cor- poration. 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 corporation, who know-- ingly exhibits any false, forged, or altered book, paper, voucher, security, or other instrument of evidence to any public officer or board authorized by law to examine the organization of such corporation, or to investigate its affairs, or 'to be allowed an increase of its capital, with intent to deceive such officer or board in respect thereto, is punishable by imprisonment in the state prison not less than three nor more than ten years. En. February 14, 1872. False certificate, report, or notice — civil liability of offi- cers: See sec. 316, Civ. Code. Corporations, organization of: Civ. Code, sees. 283 et seq. Eecords: Civ. Code, sees. 377, 378. Increasing stock: Civ. Code, sec. 359. § 559. Unauthorized use of names in prospectus, etc. Every person who, without being authorized so to do, subscribes the name of another to or inserts the name of another in any prospectus, circular, or other advertise- ment, or announcement of any corporation or joint-stock association, existing or intended to be formed, with in- tent 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 corporation or association, is guilty of a misdemeanor. En. February 14, 1872. See ante, sec. 558. §§ 560-562 FRAUDULENT INSOLVENCIES. 214 § 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 provided by law, pay 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 with- draw 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 corporation, shares of the capital stock of such other corporation, or notes, bonds, or other evidences of debt issued by such other corporation; — is guilty of a misdemeanor. En. February 14, 1872. Cal. Rep. Cit. 72, 56; 72, 58; 116, 415. Dividends to be made from surplus profits: Civ. Code, sec. 309. Officers of bank making illegal loans or investments: See Civ. Code, sec. 581. Officer of bank advertising or making statement as to capital stock without showing amount paid up: See Civ. Code, sec. 583a. Persons engaged in banking guilty of misdemeanor un- less true name shown: See Civ. Code, see. 582. § 561. Savings-bank oflacer overdrawing Ids account. Every officer, agent, teller, or clerk of any savings bank, who knowingly overdraws his account with such bank, and thereby wrongfully obtains the money, note, or funds of such bank, is guilty of a misdemeanor. En. February 14, 1872. § 562. Receiving deposits in insolvent banks. Every ofiicer, agent, teller, or clerk of any bank, and every in- dividual banker, or agent, teller, or clerk of any individual 215 FRAUDULENT INSOLVENCIES. §§ 563, 5B4 banker, who receives any deposits, knowing that such bank, or association, or banker is insolvent, is guilty of a misde- meanor. En. February 14, 1872. § 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 association, otherwise than in payment of a just demand, and who, with 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 associa- tion, 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, writings, or securities belonging to such corporation or association, 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 imprisonment in the state prison not less than three nor more than ten years, or by imprisonment in a county jail not exceeding one year, and a fine not exceed- ing five hundred dollars, or by both such fine and imprison- ment. En. February 14, 1872. Oal. Eep. Cit. 53, 615; 103, 202. See ante, sec. 558. § 564. Officer of corporation publishing false reports, etc. Every director, officer, or agent of any corporation or joint-stock association, who knowingly concurs in making, publishing, or posting either generally or privately to the stockholders or other persons, any written report, exhibit, 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 re- port, prospectus, account, statement of operations, values, 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. En. February 14, 1872. Am'd. 1875-6, 112; 1905, 683. §§ 565-568 FRAUDULENT INSOLVENCIES. • 216 The amendment is intended to incorporate in the section such pro- visions of the statute of 1877-8, page 693, as are not already suttl- ciently expressed therein. The statute, however, is limited to cor- porations whose stocli is li.sted on the stock board or exchange. The amenvlment omits this limitation, for the reason that its constitu- tionality is doubtful, — Co'de Commissioner's Note. Cal. Rep. Cit. 53, 648. See Civ. Code, sec. 316; ante, sec. 558. False reports, act relating to: See post, Appendix, title Corporations. § 565. Officer of corporation to permit an inspection. Every officer or agent of any corporation, having or keep- ing an office within this state, who has in his custody or control any book, paper, or document of such corporation, and who refuses to give to a stockholder or member of such corporation, lawfully demanding, during office hours, to inspect or take a copy of the same, or of any part there- of, a reasonable opportunity so to do, is guilty of a mis- demeanor. En. February 14, 1872. Records of corporation: See Civ. Code, sees. 377, 378. § 566. Officer of railroad company contracting debt in its behalf exceeding its available means. Every officer, agent, or stockholder of any railroad company, who know- ingly assents to, or has any agency in contracting any debt by or on behalf of such company, unauthorized by a special law for the purpose, the amount of which debt, with other debts of the company, exceeds its available means for the payment of its debts, in its possession, under its control, and belonging to it at the time such debt is con- tracted, including its bona fide and available stock sub- scriptions, and exclusive of its real estate, is guilty of a mis- demeanor. En. February 14, 1872. § 567. Debt contracted in violation of last section not invalid. The last section does not affect the validity of a debt created in violation of its provisions, as against the company. En. February 14, 1872. § 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 knowl- edge of the affairs of his corporation as to enable him to determine whether any act, proceeding, or omission of its 217 FRAUDULENT INSOLVENCIES. §§ 569-572 directors is a violation of this chapter. En. February 14, 1872. § 569. Director present at meeting, when presumed to have assented to proceedings. Every director of a corpora- tion or joint-stock association, who is present at a meet- ing of the directors at which any act, proceeding, or omis- sion ot 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. En. February 14, 1872. See Civ. Code, sees. 309, 377. § 570. Director absent from meeting, when presumed to have assented to proceedings. Every director of a corpora- tion or joint-stock association, although not present at a meeting 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, if the facts constituting such violation appear on the records or minutes of the proceedings of the board of directors, and he re- mains a director of the same company for six months there- after, and does not within that time cause, or in writing require, his dissent from such illegality to be entered in the minutes of the directors. En. February 14, 1872. § 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 was one carrying on busi- ness or keeping an office therefor within this state. En. February 14, 1872. § 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 corporation, by whatever name such persons are described in its charter or known by law. En. February 14, 1872. §§ 577-579 FRAUDULENT ISSUE OF DOCUMENTS. CHAPTEE XIV. FRAUDULENT ISSUE OF DOCUMENTS OF TITLE TO MtiKCHAN- DISE. § 577. Issuing- fictitious bills of lading, etc. § 57S. Issuing fictitious warehouse receipts. § 57n. Erroneous bills of lading or receipts issued in good faith. § 5S0. Duplicate receipts must be marked "duplicate." § 5S1. Selling, etc., property received for transportation or storage. § .582. Bill of lading or receipt Issued by warehousemen. (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 officer or agent 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 appears that any merchandise of any descrip- tion has been shipped on board any vessel, or delivered to any railroad, express, or transportation company, or other carrier, unless the same has been so shipped or de- livered, 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 for- warded as expressed in such bill of lading, receipt, or voucher, is punshable by imprisonment in the state prison not exceed- ing five years, or by a fine not exceeding one thousand dol- lars, or both. En. February 14, 1872. Bill of lading: See Civ. Code, sees. 2126 et seq. § 578. Issuing fictitious warehouse receipts. Everj^ per- son carrying on the business of a Varehouseman, wharfin- ger, or other depositary of property, who issues any re- ceipt, bill of lading, or other voucher for any merchan- dise of any description, which has not been actually re- ceived 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 indebtedness, is punishable by imprisonment in the state prison not exceeding five years, or by a fine not exceeding one thousand dollars, or both. En. February 14, 1872. Bill of lading: See Civ. Code, sees. 2126 et seq. § 579. Erroneous bills of lading or receipts issued in good faith. No person can be convicted of an offense 219 FRAUDULENT ISSUE OF DOCUMENTS. §§ 5S0-583 under the last two sections by reason that the contents of any barrel, box, case, cask, or other vessel or package men- tioned in the bill of lading, receipt, or other voucher, did not correspond with the description given in such instru- ment of the merchandise received, if such description cor- responded substantially with the marks, labels, or brands upon the outside of such vessel or package, unless it ap- pears that the accused knew that such marks, labels, or brands, were untrue. En. February 14, 1872. § 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 man- ner, is punishable by imprisonment in the state prison not exceeding five years, or by a fine not exceeding one thousand dollars, or both. En. February 14, 1872. Duplicate bills: See Civ. Code, sec. 2130. § 581. Selling, etc., property received for transportation or storage. Every person mentioned in this chapter, who sells, hypothecates, or pledges any merchandise for which any bill of lading, receipt, or voucher has been issued by him, without the consent in writing 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 thousand dollars, or both. En. February 14, 1872. § 582. Bill of lading or receipt issued by warehouseman. (Repealed.) En. February 14, 1872. Rep. 1873-4, 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. En. February 14, 1872. §§ 1S7-50I-I INJURIES TO RAILROAD BRIDGES, ETC. CHAPTEE XV. MALICIOUS INJURIES TO RAILROAD BRIDGES, HIGHWAYS, BRIDGES, ANTO TELEGRAPHS. § 5S7. Injuries to railroads and railroad bridges. § 588. Injuries to liighways, private ways, and bridges. § 589. Injuries to toll-houses and gates. § 590. Injuries to milestones and guide-boards. § 591. Injuring telegraph or telephone lines. § 592. Taking water from or obstructing canals. § 593. Penalty for interference with electric wires. § 5D3a. Driving nails, etc., in wood intended for manufacture of lum- lier. § 587. Injuries to railroads and railroad bridges. Every person Tvho maliciously, cither — 1. Eemoves, 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, turn- out, Isridge, viaduct, culvert, embankment, station-house, or other structure or fixture, or any part thereof, attached to or connected with any railroad; or, 2. Places any obstruction upon the rails or track of any railroad, or of any switch, branch, branch-way, 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. En. February 14, 1872. Cal. Eep. Git. 75, 571. § 588. Injuries to highways, private ways, and bridges. Every person who maliciously digs up, removes, displaces, breaks, or otherwise injures or destroys any public high- way or bridge, or any private way laid out by authority of law, or bridge upon such highway or private way, is punishable by imprisonment in the state prison not exceed- ing five years, or in the county jail not exceeding one year. En. February 14, 1872. Cal. Eep. Cit. 136, 456; 136, 550. § 589. Injuries to toll-houses and gates. Every person who maliciously injures or destroys any toll-house or turn- pike gate, is guilty of a misdemeanor. En. February 14, 1872. § 590. Injuries to milestones and guide-boards. Every person who maliciously removes or injures any mile-board, tion. (In encLu 690. Every person who maliciously removes destrovc .n.ure,, breaks or defaces any mile post, board «; ston? '; ^uKle post erected on or near any highway, or any inscnp- lon thereon. ,s guilty of a misdemeanor. (In effect 60 days from and after March 22, 1907.) ^ 221 INJURIES TO RAILROAD BRIDGES, ETC. §§ 591-593a post, or stone, or guide-post, or any inscription on such, erected upon any highway, is guilty of a misdemeanor. En. February 14, 1872. § 591. Injuring telegraph or telephone lines. Every per- son who maliciously takes down, removes, injures, or ob- structs any line of telegraph or telephone, or any other line used to conduct electricity, or any part thereof, or ap- purtenances or apparatus connected therewith, or severs any wire thereof, is guilty of a misdemeanor. En. February 14, 1872. Am'd. 1905, 683. The change consists in tlie insertion of the words "or telephone, or any other line used to con-Juct electricity." — Code Commissioner's Note. Cal. Eep. Cit. 127, 315; 127, 317. § 592. Taking water from or obstructing canals. Every person who shall without authority of the owner or man- aging agent, and with intent to defraud, take water from any canal, ditch, flume, or reservoir, used for the purpose of holding or conveying water for manufacturing, agri- cultural, mining, irrigating or generation of power or domestic uses, or who shall, without like authority, raise, lower, or otherwise disturb any gate or other apparatus thereof, used for the control or measurement of water, or who shall empty or place, or cause to be emptied or placed, into any such canal, ditch, flume or reservoir, any rubbish, filth, or obstruction to the free flow of the water, is guilty of a misdemeanor. En. 1877-8, 118. Am'd. 1899, 146. § 593. Penalty for interference with electric wires. Every person who unlawfully and maliciously takes down, removes, injures, interferes with, or obstructs any line erected or maintained by proper authority for the purpose of transmitting electricity for light, heat, or power, or any part thereof, or any insulator or cross-arm, appurtenance or apparatus connected therewith, or severs or in any way interferes with any wire, cable, or current thereof, is punishable by imprisonment in the state prison not ex- ceeding five years, or by fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding one years. En. Stats. ]901, 92. § 593a. Driving nails, etc., in wood intended for manu- facture of lumber. Every person who maliciously drives or MALICIOUS MISCHIEF. 222 places in any saw-log, shingle-bolt, or other wood, any iron, steel, or other substance sufficiently hard to injure saws, knowing that such saw-log, shingle-bolt, or other Wood is intended to be manufactured into any kind of lumber, is guilty of a felony. En. Stats. 1905, 683. This is a codification of the statute of 1875-6, page 32, relating to the protection of lumber manufacturers. — Code Commissioner's Note. TITLE XIV. MALICIOUS MISCHIEF. § 594. Malicious mischief in general, defined. § 595. Specifications in following sections not restrictive of last sec- tion. § 596. Poisoning cattle. § 597. Killing, maiming, or torturing animals. § 597a. Unnecessary torture, suffering, or cruelty. § 597b. Fighting animals. § 597c. Training for fighting, or being present at fight. § 597d. Arrests without warrants. § 597e. Impounding without food or water. § 597f. Permitting animals to go without care. § 597g. Keepers of stallions, etc. § 598. Killing, etc., birds in cemeteries. § 59Sa. Killing or detaining homing pigeons. § 599. Killing gulls or cranes, destroying nests or eggs. § 599. Elk, killing of a felony. § 599a. Prosecution. § 599b. Words -defined. § 599c. Not to interfere with game laws. § 599d. Docking of tails. § 599e. Animals to be killed, when unfit for work. § 600. Burning structures, etc., not the subject of arson. § 601. Using explosives, in destroying or injuring buildings, etc. § 602. Malicious injury to freehold. § 603. Limitation upon the operations of the preceding section. (Re- pealed.) § 604'. Injuries to standing crops, etc. § 605. Removing, defacing, or altering landmarks. § 606. Destroying or injuring jails. § 607. Destroying or injuring bridges, dams, etc. § 60S. Burning or injuring rafts. Setting adrift vessels. § 609. Damages, etc., to buoy and beacon. § 610. Masking or removing signals, or exhibiting false lights. § 611. Obstructing navigable streams. § 612. Depositing sawdust, etc., in Humboldt Bay. § 613. Throwing overboard ballast, or obstructing navigation. § 614. Mooring vessels to buoj's. § 615. Injuries to signals, etc., in United States survey. § 616. Destroying or tearing down notices, etc. § 617. Injuring or destroying written instrument. § 61S. Opening or publishing sealed letters. § 619. Disclosing contents of telegraphic or telephonic message. § 620. Altering telegraphic or telephonic messages. § 621. Opening telegraphic or telephonic messages. 223 MALICIOUS MISCHIEF. §§ 594-537 § 622. Injuring works of art or improvements. § 623., Desti-oying books, etc., in public libraries. S 6J3y2. Detaining books, etc., from public libraries. § 624. Breaking or obstructing water-pipes, etc. § 625. Drawing water from works after tliey have been closed. § 625a. Unlawful Interference witli fire-alarm apparatus; penalty. § 594. Malicious mischief in general, defined. Every person who maliciously injures or destroys any real or personal property not his own, in cases otherwise than such as are specified in this code, is guilty of a misdemeanor. En. February 14, 1872. Jurisdiction of police court: See Pol. Code, sec. 4426. § 595. Specifications in following sections not restrict- ive of last section. The specification of the acts enumer: ated in the following sections of this chapter is not in- tended to restrict or qualify the interpretation of the pre- ceding section. En. February 14, 1872. § 596. Poisoning cattle. Every person who willfully ad- ministers any poison to an animal, the property of another, or maliciously exposes any poisonous substance, with the intent that the same shall be taken or swallowed by any such animal, is punishable by imprisonment in the state prison not exceeding three years, or in the county jail not exceeding one year, and a fine not exceeding five hun- dred dollars. En. February 14, 1872. Cal. Eep. Cit. 81, 212; 81, 213. See ante, sec. 594 j post, sec. 597. § 597. Killing, maiming, torturing, etc., animals. Every person who maliciously kills, maims, or wounds an animal, the property of another, or who overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, drink or shelter, cruelly beats, muti- lates, or cruelly kills any animal, or causes or procures any animal to be so overdriven, overloaded, driven when over- loaded, overworked, tortured, tormented, deprived of neces- sary sustenance, drink or shelter, or to be cruelly beaten, mutilated or cruelly killed; and whoever, having the charge or custody of any animal, either as owner or otherwise, subjects any animal to needless suffering, or inflicts unnec- essary cruelty upon the same, or in any manner abuses any animal, or fails to provide the same with proper food, drink, shelter or protection from the weather, or who cruelly drives, §§ 597a-597c MALICIOUS MISCHl CF. 2:^4 rides or otherwise uses the same when unfit for labor, is for every such offense, guilty of a misdemeanor. En. Feb- ruary 14, 1872. Am'd. 1905, 678. The amendment consolidates the present section 597 with section 6 of the statute of 1S73-4. page 499, as amended 1901, page 2S5, for the more effectual prevention of cruelty to animals.— Code Commissio.i- er's Note. Cal. Eep. Cit. 134, 501. Act to prevent cruelty to animals: See post. Appendix, title Animals. § 597a. Unnecessary torture, suffering or cruelty. Who- ever carries or causes to be carried in or upon any vehicle or otherwise any domestic animal in a cruel or inhuman manner, or knowingly and willfully authorizes or permits it to be subjected to unnecessary torture, suffering, or cruelty of any kind, is guilty of a misdemeanor; and whenever any such person is taken into custody therefor by any oflScer, such officer must take charge of such vehicle and its con- tents, together with the horse or team attached to such vehicle, and deposit the same in some place of custody; and any necessary expense incurred for taking care of and keep- ing the same, is a lien thereon, to be paid before the same can be lawfully recovered; and if such expense, or any part thereof, remains unpaid, it may be recovered, by the person incurring the same, of the owner of such domestic animal, in an action therefor. En. Stats. 1905, 679. .597a, 597b, 597c, 597d, 597e, 597f. These sections are a codification ot sections 7, 8, 9, 11. 12, and, 13 of the last-named statute, as amended 1901, page 28-il.— Code Commissioner's Note. § 597b. Fighting animals. Any person who causes any bull, bear, cock, dog, or other animal to fight for his amuse- ment or for gain, or to worry or injure each other; and any person who permits the same to be done on any prem- ises under his charge or control; and any person who aids, abets, or is present at such fighting or worrying of such animal, as a spectator, is guilty of a misdemeanor. En. Stats. 190.5, 679. See note to § 597a, ante. § 597c. Training for fighting, or toeing present at fight. Whoever owns, possesses, keeps, or trains any bird or ani- mal, with the intent that such bird or animal shall be en- gaged in an exhibition of fighting, or is present at any place, building, or tenement, where preparations are being made for an exhibition of the fighting of birds or animals, 597a (new). It shall be unlawful for any person or Dersons to dock the tail of any horse, within the State of California, or to procure the same to be done, or to import )r bring into this state, any docked horse, or horses, or to mve, work, use, race or deal in any unregistered docked lorses, or horses. within the State of California except as pro- vided in section five hundred and ninety-seven d of this code. In effect 60 days from and after March 15, 1907.) 597b (new). Within thirty days after the passage of this act, every owner, or user of any docked horse, within the State of California, shall register his or her docked horse, or horses by filing in the office of the county clerk of the county in which such docked horse, or horses, may then be kept, a certificate, which certificate shall contain the name, or names of the owner, together with his or her postofRce address, a full description of the color, age, size and the use made of such docked horse, or horses; which certificate shall be signed by the owner, or his, or her agent. The county clerk shall number such certificate consecutively and record the name in a book, or register to be kept for that purpose only; and shall receive as a fee for recording of such certificate, the sum of fifty cents, and the clerk shall thereupon issue to such person so registering such horse or horses a certificate containing the facts recited in this section which upon demand shall be exhibited to any peace officer, and the same shall be conclusive evidence of a compliance with the provisions of section 597a of this code. (In effect 60 days from and after March 15, 1907.) I 597c (new). The driving, working, Iteeping, racing or ising of any unregistered docked horse, or horses, after lixty days after tlie passage of this act, shall be deemed )rima facie evidence of the fact that the party driving, working, keeping, racing or using such unregistered, docked lorse, or horses, docked the tail of such horse or horses. In effect 60 days from and after March 15, 1907.) 597d (new). Any person or persons violating any of the irovisions of this act, shall be deemed guilty of a mis- emeanor; provided, however, that the provisions of sections 97a, 597b and 597c, shall not be applied to persons owning r possessing any docked pure-bred stallions and mares im- orted from foreign countries for breeding or exhibition urposes only, as provided by an act of congress entitled "An ct regulating the importation of breeding animals" and pproved March 3. 1903, and to docked native bred stallions nd mares brought into this state and used for reeding or exhibition purposes only; and provided further, lat a description of each such animal so brought into the tate, together with the date of importation and name and ddress of importer, be filed with the county clerk of the aunty where such animal is kept, within thirty days after le importation of such animal. (In effect 60 days from and fter March 15, 1907.) 597b. Any person who, for amusement or gain, causes r bull, bear, cock, dog, or other animal to fight with like d or different kind of animal or creature, or with any nan being; or who, for amusement or gain, worries or ares any such bull, bear, cock, dog or other animal, or ises any such bull, bear, cock, dog or other animal to rry or injure each other; and any person who permits : same to be done on any premises under his charge control; and any person who aids, abets, or is present such fighting or worrying of such animal or creature, a spectator, is guilty of a misdemeanor. (In effect 60 ^s from and after March 21, 1907.) 223 MALICIOUS MISCHIEF. §§ 597d-597£ ■vvitli the intent to be i^resent at such exhibition, or is jsres- ent at such exhibition, is guiltv of a misdemeanor. En. Stats. 1905, 680. See note to § 597a, ante. § 597d. Arrests v/ithout warrants. Any sheriff, con- stable, police, or peace officer, or officer qualified as provided, in section six hundred and seven f of the Civil Code, may enter any place, building, or tenement, where there is an exhibition of the fighting of birds or animals, or where prep- arations are being made for such an exhibition, and, with- out a warrant, arrest all persons there present. En. Stats. 1905, 680. See note to § 597a, ante. § 597e. Impounding, without food or water. Any person who impounds, or causes to be impounded in any pound, any domestic animal, must supply the same during such con- finement with a sufficient quantity of good and wholesome food and water, and in default thereof, is guilty of a mis- demeanor. In case any domestic animal is at any time im- pounded, as aforesaid, and continues to be without neces- sary food and water for more than twelve consecutive hours, it is lawful for any person, from time to time, as may be deemed necessary, to enter into and upon any pound in which any such domestic animal is confined, and supply it with necessary food and water so long as it remains so con- fined. Such person is not liable to any action for such en- try, and the reasonable cost of such food and water may be collected by him of the owner of such animal, and such animal is not exempt from levy and sale upon execution issued upon a judgment therefor. En. Stats. 1905, 680. See note to § 597a, ante. § 597f. Permitting animals to go without care. Every owner, driver, or possessor of any animal, who shall per- mit the same to be in any building, inclosure, lane, street, square, or lot, of any city, city and county, or township, without proper care and attention, shall, on conviction, be deemed guilty of a misdemeanor. And it shall be the duty of any peace officer, or officer of the humane society, to take possession of the animal so abandoned or neglected and care for the same until it is redeemed by the owner or claimant, and the cost of caring for such animal shall be a lien on the same until the charges are paid. Every sick, disabled, infirm, or crippled animal which shall be aban- Pen. Code — 15 §§ 597g-o98a MALICIOUS MISCHIEF. 226 cloned in any city, city and county, or township, may, if after due search no owner can be found therefor, be killed by such officer; and it shall be the duty of all peace officers, or an officer of said society, to cause the same to be killed on information of such abandonment. Such officer may likewise take charge of any animal that by reason of lame- ness, sickness, feebleness, or neglect, is unfit for the labor it is performing, or that in any other manner is being cruelly treated; and, if such animal is not then in the cus- tody of its owner, such officer shall give notice thereof to such owner, if known, and may provide suitable care for such animal until it is deemed to be in a suitable condition to be delivered to such owner, and any necessary expenses which may be incurred for taking care of and keeping the same shall be a lien thereon, to be paid before the same can be lawfully recovered. En. Stats. 1905, 680. See note to § 597a, ante. § 597g. Keepers of stallions, etc. Every person who lets to mares or jennies any stallion or jack within the limits of any city, town, or village, or within four hundred yards thereof, except in an inclosure sufficient to obstruct the view of all the inhabitants within such limits, and every person in charge of any stallion, bull, boar, ram, or buck goat who turns out or permits such animal to be turned out or run at large in any county, is guilty of a misdemeanor and pun- ishable by a fine of not less than five or more than twenty dollars, or by imprisonment in the county jail not less than thirtv davs or by both such fine and imprisonment. En. Stats. 1905, 678. The statute of 1873-4, page 228, to prevent stallions running at large, and of 1SS7-S, page 4'37, respecting buck goats, and of 1871-2, page fi'i, to provide for the keeping of stallions, are codified in this section, and makes the law concerning the running at large of stallions in Sacramento ami Mono counties, by extending its provisions, appli- cable to the state at large.— Code Commissioner's Note. § 598. Killing, etc., birds in cemeteries. Every person who, within any public cemetery or burying-ground, kills, wounds, or traps any bird, or destroys any bird's nest other than swallows ' nests, or removes any eggs or young birds from any nest, is guilty of a misdemeanor. En. Feb- ruary 14, 1872. For acts protecting mocking-birds, blue cranes, and also protecting gulls near Santa Monica, see post, Appendix, title Game Laws. § 598a. Killing or detaining homing pigeons. Everj- per- son, other than the owner thereof, who shoots, maims, kills, 599. (As approved March 18, 1905) repealed. 227 MALICIOUS MISCHIEF. §§ 599-5bSa or detains any Antwerp, messenger, or homing pigeon is guilty of a misdemeanor and punisliable by a fine of not less than ten nor more than twenty-five dollars, or by imprison- ment in the county jail not exceeding fifty days. En. Stats. 1905, 6S7. This is a codiflcatlon of the statute of 1897, page 37, for the protection of Antwerp messenger or homing pigeons. — Code Commissioner's Note. § 599. Killing gulls or cranes; destroying nests or eggs. Every person who willfully and knowingly kills or destroys any of that species of sea bird known as gulls, or who will- . fully and knowingly shoots, wounds, traps, snares, or in any other manner catches or captures any white or blue crane, or who knowingly takes, injures, or destroys the nest of any white or blue crane, or takes, injures, or destroys the eggs of any such crane in the nest or otherwise, is guilty of a misdemeanor and punishable by a fine of not less than five nor more than one hundred dollars, or by imprisonment of not less than five nor more than one hundred days, or by both such fine and imprisonment. En. February 14, 1872. Rep. 1880, 5. Stats. 1905, 687. The statute of 1875-6, page 287, to protect sea-gulls in the neighborhood of Santa Monica, and the statute of 1889, page 205, to prevent the destruction of blue cranes, are codified in this section. — Code Commis- sioner's Note. At the same session of the legislature there was adopted another § 599 as follows: § 599. Elk, killing of a felony. Every person who will- ully kills any elk within this state is guilty of a felony and punishable bj' imprisonment in the state prison for a term not exceeding two years. En. February 14, 1872. Rep. 1880, 5. En. Stats. 1905, 218. § 599a. Prosecutions. When complaint is made, on oath, to any magistrate authorized to issue warrants in criminal cases, that the complainant believes that any provision of law relating to, or in any way affecting, dumb animals or birds, is being, or is about to bo violated in any particular build- ing or place, such magistrate must issue and deliver imme- diately a warrant directed to any sheriff, constable, police or peace officer, or otiicer of any incorporated association qualified as jjrovided by law, authorizing him to enter and search such building or place, and to arrest any person there present violating, or attempting to violate, any law relating to, or in any way affecting, dumb animals or birds, and to bring such person before some court or magistrate §§ 599b-599d MALICIOUS MISCHIEF. 228 of competent jurisdiction, within the city, city and county, or township within which such offense has been committed or attempted, to be dealt with according to law, and such at- tempt must be held to be a violation of section five hundred and ninety-seven. En. Stats. 1905, 681. This section is a codification of section 10 of the statute of 1S73-4, page 499, as amended 1901, page 285, for the prevention of cruelty to ani- mals. — Code Commissioner's Note. § 599b. Words defined. In this title the word "animal" includes every dumb creature; the words "torment," "tor- ture," and "cruelty" include every act, pmission, or neg- lect whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted; and the words "owner" and "person" include corporations as well as individuals; and the knowledge and acts of any agent of, or person em- ployed by, a corporation in regard to animals transported, ov/ned, or employed by, or in the custody of, such corpora- tion, must be held to be the act and knowledge of such cor- poration as well as such agent or employe. En. Stats. 1905, 681. 59Sb, 509c. Sections 16 and 17 of the statute of 1S73-4, page 499, for the more effectual prevention of cruelty to animals, are codified m the above sections.— Code Commissioner's Note. § 599c. Not to interfere with game laws. No part of this title shall be construed as interfering with any of tlie laws of this state known as the "game laws," or any laws for or against the destruction of certain birds, nor must this title be construed as interfering with the right to de- stroy any venomous reptile, or any animal known as dan- gerous to life, limb, or property, or to interfere with the right to'kill all animals used for food, or with properly con- ducted scientific experiments or investigations performed under the authority of the faculty of a regularly incorporated medical college or university of this state. En. Stats. 1905, 681. See note to § 599b, ante. § 599d. Docking of tails. Whoever shall cut the solid part of the tail of any horse in the operation known as "docking," or in any other operation performed for the purpose of shortening the tail, and whoever shall cause the same to be done, or assist in doing such cutting, is guilty of a misdemeanor. En. Stats. 1905, 681. 599d, 599e. Codifying the statute of 1901, page 2S7.— Code Commission- er's Note. 599f (new). Every person who willfully kills any elk within this state is guilty of a felony and punishable by imprisonment in the state prison for a term not exceeding two years. (In effect 60 days from and after March 19, 1907.) 229 MALICIOUS MISCHIEF. §§ 599e-601 § 599e. Animals to l3e killed when unfit for work. Every animal which is unfit, by reason of its physical condition, for the purpose for which such animals are usually em- ployed, and when there is rto reasonable probability of such animal ever becoming fit for the purpose for which it is usually employed, shall be by the owner or lawful possessor of the same, deprived of life within twelve hours after being notified by any peace officer, or officer of said society, to kill the same, and such owner, possessor, or person omitting or refusing to comply with the provisions of this section shall, upon conviction, be deemed guilty of a misdemeanor, and after such conviction the court or magistrate having juris- diction of such offense shall order any peace officer, or officer of said society, to immediately kill such animal; provided, that this shall not apply to such owner keeping any old or diseased animal belonging to him on his own premises with proper care. En. Stats. 1905, 681. See note to § 599d, ante. § 600. Burning structures, etc., not the subject of arson. Every person who willfully and maliciously burns any bridge exceeding in value fifty dollars, or any structure, snowshed, vessel, or boat, not the subject of arson, or any tent, or any stack of hay or grain or straw of any kind, or any pile of baled hay or straw, or any pile of potatoes, or beans, or vegetables, or produce, or fruit of any kind, whether sacked, boxed, crated, or not, or any growing or standing grain, grass, or tree, or any fence, or any railroad- car, lumber, cord-wood, railroad ties, telegraph or telephone poles, or shakes, or any tule land or peat ground of the value of twenty-five dollars or over, not the property of such person, is punishable by imprisonment in the state prison for not less than one year, nor more than ten years. En. February 14, 1872. Am'd. 1901, 268; 1905, 711. The change consists in the insertion of the words "or telephone," be- fore "poles."— Code Commissioner's Note. § 601. Using explosives in destroying or injuring build- ings, etc. Any person who maliciously deposits or explodes, or who attempts to explode, at, in, under, or near any build- ing, vessel, boat, railroad, tramroad, or cable road, or any train, or car, or any depot, stable, car house, theatre, school house, church, dwelling-house, or other place where human beings usually inhabit, assemble, frequent, or pass and re- pass, any dynamite, nitro-glyccrinc, vigorite, giant or her- cules powder, gunpowder, or other chemical compound or § 602 MALICIOUS MISCHIEF. 230 explosive, with the intent to injure or destroy such building, vessel, boat, or other structure, or with the intent to in- jure, intimidate, or terrify any human being, or by means of which any human being is injufed or endangered, is guilty of a felony, and punishable by imprisonment in the state prison not less than one year. En. February 14, 1872. Am'd. 1905, 687. The present section 601 is amended to conform it to section 8 of the statute of 1887, jjage 110, to protect life and property against the care- less and malicious use or handling of dynamite and other explosives. —Code Commissioner's Note. § 602. Malicious injury to freehold. Every person who willfully commits any trespass by either: 1. Cutting down, destroying, or injuring any kind of wood or timber, standing or growing upon the lands of an- other; 2. Carrying away any kind of wood or timber lying on such lands; 3. Maliciously injuring or severing from the freehold of another anything attached thereto, or the produce thereof; 4. Digging, taking, or carrying away from any lot situ- ated within the limits of any incorporated city, without the license of the owner or legal occupant thereof, any earth, soil, or stone; 5. Digging, taking, or carrying away from land in any city or town, laid down on the map or plan of such city, or otherwise recognized or established as a street, alley, avenue, or park, without the license of the proper authorities, any earth, soil or stone; 6. Putting up, affixing, fastening, printing, or painting upon any property belonging to the state, or to any city, county, town, or village, or dedicated to the public, or upon any property of any person, without license from the owner, any notice, advertisement, or designation of, or any name for any commodity, whether for sale or otherwise, or any picture, sign, or device intended to call attention thereto; 7. Entering upon any lands owned by any other person whereon oysters or other shellfish are planted or growing; or injuring, gathering, or carrying away any oysters or other shellfish planted, growing, or being on any such lands, whether covered by water or not, without the license of the owner or legal occupant thereof; or destroying or removing, or causing to be removed or destroyed, any stakes, marks, fences, or signs intended to designate the boundarieg and limits of any such lands; 231 MALICIOUS MISCHIEF. §§ 603-605 8. Willfully opening, tearing down, or otherwise destroy- ing any fence on the inclosed land of another, or opening any gate, bar, or fence of another and willfully leaving it open without the permission of the owner, or maliciously tearing down, mutilating, or destroying any sign, signboard, or other notice forbidding shooting on private property; or 9. Entering any inclosure belonging to, or occupied by, another for the purpose of hunting, shooting, killing, or destroying any kind of game within such inclosure, without having first obtained permission from the owner of such in- closure; Is guilty of a misdemeanor. En. February 14, 1872. Am'd. 1873-4, 434; 1877-8, 118; 1905, 688. The change consists in the addition of the eighth and ninth subdivi- sions. The eighth subdivision is a codification of the statute of 1871- 2, page 384, and the ninth is a cffdification of part of section 3 ol the statute of 1875-6. page 408, to prevent hunting upon enclosed lands. —Code Commissioner's Note. Cal. Rep. Cit. 112, 204. Act to prevent persons passing through inclosure: See post. Appendix, title Fences and Inclosures. Acts to prevent leaving open of inclosures: See post, Appendix, title Fences and Inclosures. Act to prevent hunting on inclosed lands: See post, Appendix, title Fences and Inclosures. Act to protect Big Tree groves: See post, Appendix, title Growing Trees. § 603. Limitation upon the operations of the preceding section. En. February 14, 1872. Rep. 1905, 689. The section as it now stands declares that certain injuries to trees on the lands of the United States, including the cutting of them, do not constitute public offenses. This is a proper subject for regula- tion by the United States, and it is obviously Improper for the state to undertake to legalize trespasses upon, or injuries to, the public lands of the federal government.— Code Commissioner's Note. § 604. Injuries to standing crops, etc. Every person who maliciously injures or destroys any standing crops, grain, cultivated fruits or vegetables, the property of an- other, in any case for which a punishment is not otherwise prescribed by this code, is guilty of a misdemeanor. En. February 14, 1872. § 605. Eemoving, defacing, or altering landmarks. Every person who either — 1. Maliciously removes any monument erected for the purpose of designating any point in the boundary of any §§ 606, 607 MALICIOUS MISCHIEF. 232 lot or tract of land, or a place where a subaqueous tele- graph cable lies; or, 2. Maliciously defaces or alters the marks upon any such monument; or, 3. Maliciously cuts down or removes any tree upon which any such marks have been made for such purpose, with intent to destroy such marks; — is guilty of a misdemeanor. En. February 14, 1872. § 606. Destroying or injuring jails. Every person who willfully and intentionally breaks down, pulls down, or otherwise destroys or injures any public jail or other place of confinement, is punishable by fine not exceeding ten thou- sand dollars, and by imprisonment in the state prison not exceeding five years. En. February 14, 1872. Cal. Eep. Cit. 68, 435; 139, 212; 139, 21.3. § 607. Destroying or injuring bridges, dams, etc. Every person who willfully and maliciously cuts, breaks, injures, or destroys any bridge, dam, canal, flume, aqueduct, levee, embankment, reservoir, or other structure erected to cre- ate hydraulic power, or to drain or reclaim any swamp and overflowed tide or marsh land, or to store or conduct water for mining, manufacturing, reclamation, or agricul- tural purposes, or for the supply of the inhabitants of any city or town, or any embankment necessary to the same, or either of them, or willfully or malicioush^ makes, or causes to be made, any aperture in such dam, canal, flume, aqueduct, reservoir, embankment, levee, or struc- ture, with intent to injure or destroy the same; or draws up, cuts, or injures any piles fixed in the ground for the purpose of securing any sea-bank, or seawalls, or any (lock, quay, or jetty, lock, or seawall; or who, between the first day of October and the fifteenth day of April of each year, plows up or loosens the soil in the bed or on the sides of any natural watercourse or channel, without re- moving such soil within twenty-four hours from such watercourse or channel; or who, between the fifteenth day of April and the first day of October of each year, shall plow up or loosen the soil in the bed -or on the sides of such natural watercourse or channel, and shall not remove therefrom the soil so plowed up or loosened before the first day of October next thereafter, is guilty of a misdemeanor, and upon conviction, punishable by a fine not less than one hundred dollars and not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding two years. 608. Every person who wilfully and maliciously burns, iures, or destroys any pile or raft of wood, plank, boards, other lumber, or any part thereof, or cuts loose or sets rift any such raft or part thereof, the property of another, guilty of a misdemeanor. (In effect 60 days from and ter March 22, 1907.) 608a (new). Every person who wilfully and maliciously ts, breaks, injures, sinks, or sets adrift any vessel of IS than ten gross tons, the property of another, is guilty a misdemeanor. (In effect 60 days from and after March 1907.) 608b (new). Every person who wilfully and maliciously ts, breaks, or injures any vessel of ten gross tons and wards, the property of another, is guilty of a mlsde- ianor. (In effect 60 days from and after March 22, 1907.) 608c (new). Every person who wilfully and maliciously iks or sets adrift any vessel of ten gross tons and up- irds, the property of another, is guilty of a felony. (In :ect 60 days from and after March 22, 1907.) 233 MALICIOUS MISCHIEF. §§ 60S-612 or by both; provided, that nothing in this section shall be construed so as to in any manner prohibit any person from digging or removing soil from any such watercourse or tl:aiinel, for the purpose of mining. En. February 14, 1872. Am'd. 1880, 36. § 608. Burning or injuring rafts. Setting adrift vessels. 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 property of another, is punish- able by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months. En. February 14, 1872. Cal. Eep. Cit. 57, 105. Act to ijrotect lumber manufacturers: See post. Appendix, title Lumber Manufacturers. § 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 authority, is guilty of a misdemeanor. En. February 14, 1872. Am'd. 1905, 689. The amendment incorporates the provisions of the statute of 1873-4, page 619, for the protection of buoys and beacons. — Code Commission- er's Note. § 610. Masking or removing signals, or exhibiting false lights. Every person who unlawfully masks, alters, or removes any light or signal, or willfully exhibits any light or signal, with intent to bring any vessel into danger, is punishable by imprisonment in the state prison not less than three nor more than ten years. En. February 14, 1872. § 611. Obstructing navigable streams. Every person who unlawfully obstructs the navigation of any navigable stream, is guilty of a misdemeanor. En. February 14, 1872. § 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 Ilumboldt Bay, without first having con- structed piers, bulkheads, dams, or other contrivances, ap- §§ 613-G17 MALICIOUS MISCHIEF. 234 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. En. February 14, 1872. § 613. Throwing overboard ballast, or obstructing navi- gation. Every person who, within the anchorage of any port, harbor, or cove of this state, into which vessels may enter for the purpose of receiving 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 obstructions to the naviga- tion thereof, is guilty of a misdemeanor. En. February 14, 1872. § 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. En. Feb- ruary 14, 1872. Act for protection of buoys and beacons: See post, Ap- pendix, title Buoys and Beacons. § 615. Injuries to signals, etc., in United States survey. Every person who willfully injures, defaces, or removes any signal, monument, building, or appurtenances thereto, placed, erected, or used by persons engaged in the United States coast survey, is guilty of a misdemeanor. En. Feb- ruary 14, 1872. § 616. Destroying or tearing down notices, etc. Every person who intentionally defaces, obliterates, tears down, or destroys any copy or transcript, or extract from or of any law of the United States or of this state, or any proclamation, advertisement, or notification set up at any 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 expiration of the time for which the same was to re- main set up, is punishable by fine not less than twenty nor more than one hundred dollars, or by imprisonment in the county jail not more than one month. En. February 14, 1872. § 617. Injuring or destroying written instrument. Every person who maliciously mutilates, tears, defaces, obliterates, or destroys any written instrument, the property of another, 235 MALICIOUS MISCHIEF. §§ 618-622 the false makiBg of whicli would be forgery, is punishable by imprisonment in the state prison for not less than one nor more tlian five years. En. February 14, 1872. § 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 au- thorized so to do, either by the writer of such letter or by the person to whom it is addressed, and every person who, without the like authority, publishes any of the contents of such letter, knowing the same to have been unlawfully opened, is guilty of a misdemeanor. En. February 14, 1872. § 619. Disclosing contents of telegraphic or telephonic message. Every person who willfully discloses the contents 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. En. February 14, 1872. Am'd. 1880, 38; 1905, 690. § 620. Altering telegraphic or telephonic messages. Ev- ery person who willfully alters the purport, effect, or mean- ing of a telegraphic or telephonic message to the injury of another, is punishable as provided in the preceding section. En. February 14, 1872. § 621. Opening telegraphic or telephonic messages. Every person not connected with any telegraph or telephone office who, without the authority or consent of the person to whom the same may be directed, willfully opens any sealed envelope inclosing a telegraphic or telephonic message ad- dressed to any other person, with the purpose of learning the contents of such message, or who fraudulently represents an- other person and thereby procures to be delivered to himself 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. En. February 14, 1872. § 622. Injuring works of art or improvements. Every person, not the owner thereof, who willfully injures, dis- §§ 623-625a MALICIOUS MISCHEIF. 236 figures, 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 grow- ing therein, whether situated upon private ground or any street, sidewalk, or public park or place, is guilty of a mis- demeanor. En. February 14, 1872. § 623. Destroying books, etc., in public libraries. Every person who maliciously cuts, tears, defaces, breaks, or in- jures any book, map, chart, picture, engraving, statue, coin, model, apparatus, or other work of literature, art, mechanics, or object of curiosity, deposited in any public library, gal- lery, museum, collection, fair, or exhibition, is guilty of a misdemeanor. En. February 14, 1872. Am'd. 1901, 99. § 6231/2- Detaining books, etc., from public libraries. whoever willfully detains any book, newspaper, magazine, pamphlet, manuscript, or other property belonging to any public or incorporated library, reading-room, museum or other educational 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 naisdemeanor and shall be punished accordingly. En. Stats. 1899, 97. § 624. Breaking or obstructing 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. En. February 14, 1872. § 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. En. February 14, 1872. Cal. Eep. Cit. 77, 32. § 625a. Unlawful interference with fire-alarm apparatus; penalty. Any person who willfully and maliciously tampers with, molests, injures, or breaks any public fire-alarm ap- paratus, wire, or signal, or wiUfully and maliciously sends. GAME AND nSH. 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. En. 1903, 137. TITLE XV. MISCELLANEOUS CEIMES. Chapter I. Violation of the Laws for the Preservation of Game and Fish, §§ 626-637a. n. Of Other and Miscellaneous Offenses, §§ 638-654. CHAPTEE L VIOLATION OF THE LAWS FOR THE PRESERVATION OF GAME AySD FISH. § 626. Quail, partridge, wild duck, rail, curlew, ibis, plover, Wilson snipes, mountain quail, grouse, sage hen, closed season. § 626a. Doves. § 626b. Nests or eggs. § 626c. Swan, pheasants, bob whites, quail, etc. § 626d. Limit of bag. § 626e. Female deer, spotted fawn, antelope, etc. § 626f. Deer. § 626g. Tree squirrels. § 626h. Pale or possession of deer pelts. § 6261. Limit of deer that may be killed in one season. § 626j. Running or trailing deer during close season. § 626k. Sale of certain game prohibited. § 6261. Live animals or birds for scientific purposes or propagation. § 62fim. Night-time hunting. § 627. Trespass upon inclosed or cultivated grounds a misdemeanor. § 627a. Unlawful carrying of deer and other game. § 627b. Limit as to shipment of certain game. § 627c. Transporting out of the state. (Repealed.) § 627d. Penalty. (Repealed.) § 628. Lobswi- or crawfish. § 62Sa. Striped bass. § 62Sb. Black bass. § 628c. Young fish of any species; fish in pond or reservoir belonging to state; penalty. !} 62Sil. Fine or imprisonment; disposition of fines. § 629. Screen over millrace, pipe, etc.; penalty; disposition of fines. § 680. Use of phosphorus on land in certain counties prohibited. (Re- pealed.) § 631. Net. pound, cage, trap, etc., not to be used. § 631a. Penalty for violation. § 631b. Disposition of moneys from fines. § 631c. Penalty for violation. § 632. Trout, steelhead trout; limit of catch; penalty; disposition of fines. g 632a. RhipMicnt of trout; penalty; disposition of fines. § 632b. Only hook and line to be used in streams where U. S. hatchery is located. (Repealed.) § § 626-626C GAME AND FISH. ^38 5 633. Trout, sale, taking or possession of. (Repealed.) § 634. Taking, sale or possession of salmon, when prohibited. § 635. Use of explosives, and pollution of waters. § 636. Setting net, trap, etc., for fish. 5 636a. Xets, seines, etc., prohibited. § 637. Fish commissioners to examine dams. Fishways. § 637a. Killing of birds other than game; meadow lark, etc.; excep- tions; certain birds not Included. § 626. Quail, partridge, wild duck, rail, curlew, ibis, plover, Wilson snipes, mountain quail, grouse, sage hen. Closed season. Every person, 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, whether taken or killed, in the State of Califor- nia, 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, plover, or other shore birds (Limicolae) ; 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 posses- sion, any Wilson snipe; or who, between the fifteenth 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 coiintry, any mountain quail, grouse, or sage hen, is guilty of a misdemeanor. En. February 14, 1872. Am'd. 1875-6, 113; 1877-8, 119; 1880, 41; 1883, 80; 1887, 236; 1891, 472; 1893, 278; 1895, 256; 1897, 90; 1901, 819; 1903, 2; 1905, 255. Cal. Eep. Cit. 103, 479; 136, 528. Acts for the protection of game: See post, Appendix, title Game Laws. § 626a. Doves. 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 pos- session, anv dove, is guilty of a misdemeanor. En. 1895, 257. Rep. 1897, 92. En. Stats. 1901, 819. Am'd. 1903, 3. § 626b. Nests or eggs. Every person who destroys or has in his possession the nest or eggs of any of the birds men- tioned in this chapter, is guilty of a misdemeanor. En. Stats. 1895, 257. Eep. 1897, 92. En, Stats. 1901, 819. § 626c. Swan, pheasant, bob-wliite quail. 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 626. 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 (Limicolae) ; 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 fifteenth day of February and the first day of September of any year, hunts, pursues, takes, kills, destroys, or has in his possession, 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. (In effect March 21, 1907.) 626a. 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. (In effect March 21, 1907.) 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, curl.w, ibis, plover, rail, or any other shore birds (Limicolae), or more than thirty-five wild ducks, is guilty of a misdemeanor. (In effect March 21, 1907.) 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 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. (In effect March 21, 1907.) 636g. Every person who, between the first day of Janu- ary 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 misdemeanor. (In effect March 21, 1907.) 636i. 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. (In effect March 21, 1907.) 626j. 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 or trail any deer at any time, except a wounded deer, during the season that deer may be lawfully killed, is guilty of a misdemeanor. (In effect March 21, 1907.) 239 GAME AND FISH. §§ 626cl-62Hi of imported quail or partridge, is guilty of a misdemeanor. En. Stats. 1895, 257, Eep. 1897, 92. En. 1901, 819. Am'd. 1905, 256. § 626d. Limit of bag. Every person who, during any one calendar day, takes, kills, or destroys, or has in his posses- sion, more than twenty-five quail, partridge, doves, snipe, curlew, ibis, plover, rail, or any other shore birds -(Limi- colae), or more than fifty wild ducks, is guilty of a misde- meanor. En. Stats. 1895, 257. Eep. 1897, 92. En. Stats. 1901, 820. Am'd. 1905, 256. § 626e. Female deer, spotted fawn, antelope, etc. Every person who pursues, takes, kills, or destroys, or has in his possession, any female deer or spotted fawn, or any antelope, elk, or mountain sheep, is guilty of a misdemeanor. En. Stats. 1895, 257. Eep. 1897, 92. En. Stats. 1901, 820. § 626f. Deer. Every person who, between the fifteenth day of October and the first day of August of the follow- ing year, hunts, pursues, takes, kills, or destroys, or has in his possession, whether taken or kiUed 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. En. Stats. 1895, 258. Eep. 1897, 92. En. Stats. 1901, 820. Am'd. 1903, 3; 1905, 256. § 626g. Tree squirrel. Every person who hunts, takes, kills, or destroys, or has in his possession, any species of tree squin-el, is guilty of a misdemeanor. En. Stats. 1895, 258. Rep. 1897, 92. En. Stats. 1901, 820. Am'd. 1905, 256, § 626h, Sale or possession of deer pelts. Every person who buys, sells, offers or exposes for sale, barter or trade, the hide, pelt or skin of any deer, or who transports, car- ries, 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 provisions of this section shall not apply to the skin, pelt or hide of any deer killed or taken in a foreign country. En. Stats. 1895, 258. Rep. 1897, 92. En. Stats. 1901, 820. Am'd. 1903, 3. § 626i. Limit of deer that may be killed in one season. Every person who takes, kills, or destroys, or has in his §g 6.GJ-627 GAME AND FISH. 240 possession, whether taken or killed ' in the State of Cali- fornia, or shipped into the state from any other state, terri- tory, or foreign country, more than two deer, during any one open season, is guilty of a misdemeanor. En. Stats. 189.5, 258. Eep. 1897, 92. En. Stats. 1901, 820. Am'd. 1905, 256. § 626 j. Running or trailing deer during close season. Every person who, controlling or having in his possession any deerhounds, foxhounds, greyhounds, or any other kind of dog, willfully 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. En. Stats. 1901, 820. § 626k. Sale of certain game prohibited. Every person who buys, lcIIs, offers or exposes for sale, barter or trade, any quail, partridge, dove, j)heasant, grouse, sage hen, rail, ibis, plover, or any snipe or other shore bird (Limicolae), or any deer meat, whether taken or killed in the State of California, or shippeel into the state from any other state, territory, or foreign country', is guilty of a misdemeanor. En. Stats. 1901, 820. Am'd. 1905, 256. § 6261. Live animals or birds for scientific purposes of propagation. 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 animalg or birds mentioned in this section; provided, permission to take and possess said birds or animals for said purposes shall have been first obtained in writing from the game commissioner or the state board of fish commissioners, and said permis- sion shall accompany the shipment of said birds or animals, and shall exempt them from seizure while passing through any part of the state. En. Stats. 1901, 821. § 626m. Night-time hunting. Every person who, at any time, between one half hour after sundown and one half hour before sunrise of the following day, hunts, pursues, takes, kills, or destroys, any of the birds mentioned in this chapter, is guilty of a misdemeanor. En. Stats. 1901, 821. § 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 quail, 627b. Every common carrier which receives for sliip- ment or transportation from, or which ships or transports for, any one person during any one calendar day more tlian twenty-five quail, partridge, pheasant, groyse, sage hen, (love, rail, snipe, curlew, ibis, plover, or other shore birds (Limicolae), or more than thirty-flve wild duclts, 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 of a misdemeanor; 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 com- mon 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. (In effect March 21, 1907.) 241 GAME AND FISH. §§ 627a-6L>Tc partridge, pheasant, grouse, dove, wild duck, snipe, curlew, ibis, or plover, or any deer, without permission first ob- tained from the owner or person in possession of such ground, or who maliciously tears down, mutilates or destroys any sign, signboard, or other notice forbidding shooting on private property, is guilty of a misdemeanor. En. February 14, 1872. Am'd. 1875-6, 113. Rep. 1883, 82. En. Stats. 1895, 258. Am'd. 1897, 92; 1901, 821. Cal. Rep. Cit. 119, 578. § 627a. Unlawful carrying of deer and other game. 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, deer skin, 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 (Limi- colae), 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 transports, carries or takes from the state, or receives for the purpose of transportation from the state, the carcass of any such animal of any such bird, or any part of the carcass of any such animal or bird, is guilty of a misde- meanor. En. Stats. 1895, 259. Rep. 1897, 93. En. Stats. 1901, 821. Am'd. 1905, 257. § 627b. Limit as to shipment of certain game. Every railroad company, steamship company, express company, transportation company, transfer company, and every other person who ships, or receives for shipment, or transporta- tion, 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 (Limicolae), 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 ari'd residence of the per- son by whom they are shipped, is guilty of a misdemeanor. En. Stats. 1895, 259. Rep. 1897, 93. En. Stats. 1901, 821. Am'd. 1905, 257. § 627c. Transporting out of the state. (Repealed.) En. Stats. 1895, 259. Rep. 1897, 93. Pen. Code— 16 §§ 627d-628c GAME AND FISH. 242 § 627d. Penalty. (Eepealed.) En. Stats. 189-5, 259. Rep. 1897, 93. § 628. Lobster or crawfish. Every person who, between the first day of April and the fiiteenth 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 nine and one-half 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 ship- ment 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 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 any 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, is guilty of a misdemeanor. En. February 14, 1872. Am'd. 1875-6, 114; 1877-8, 120. Rep. 1883, 82. En. Stats. 1895, 260. Am'd. 1897, 347; 1901, 54; 1903, 23; 1905, 186. § 628a. Striped bass. Every person who, at any time, buys, sells, offers for sale, takes, catches, kills, or has in his possession, and striped bass of less than three pounds in weight, is guilty of a misdemeanor. En. Stats. 1895, 260. Rep. 1897, 348. En. Stats. 1905, 186. § 628b. Black Bass. 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, is guilty of a misdemeanor. En. Stats. 1905, 187. § 628c. Young fish of any species; fish in pond or reser- voir belonging to state; penalty. Every person 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 pos- session, any such fish, whether fresh or dried; or who 638. Every person who, between the fifteenth 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 o'r trans- portation, 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; 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 shrimp which w.ere 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 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 calif or- nica), 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 this state by the use of diving suits or diving paraphernalia of any kind, is guilty of a misdemeanor. (In effect March 15, 1907.) 628a. Every person who, 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 receives 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 misde- meanor; provided that the possession of such striped bass shall be prima facie fevidence of the fact that such striped bass were caught or taken in the waters of this state. (In effect March 15, 1907.) 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 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 mis- demeanor. (In effect March 15, 1907.) 243 • GAME A-ND PISH. §§ 628d-62a catches, takes, kills, or carries away any fish from any pond or reservoir belonging to, or controlled by, 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 with hook and line, takes, catches, or kills any kind of fish in any river or stream upon which a fish hatchery is maintained, is guilty of a misdemeanor. Nothing in this section, or elsewhere in this code contained, shall prohibit the United States fish commission and the fish commission of this state, from tak- ing at all times such fish as they may deem necessary for scientific purposes or for purposes of propagation. En. Stats. 1905, 187. § 628d. Fine or imprisonment; disposition of fines. Every person found guilty of a violation of any of the provisions of Sections 628, 628a, 628b, and 628e, shall be punished by a fine of not less than twenty dollars nor more than five hundred dollars, or by imprisonment in the county jail, in the county in which 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 vio- lation of any of the provisions of said sections must be paid into the state treasury to the credit of the "Fish Commis- sion Fund." En. Stats. 1905, 187. § 629. Screen over mill-race, pipe, etc.; penalty; disposi- tion of fines. 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, over the inlet of such pipe, flume, ditch, canal, or mill-race, a screen of such con- struction 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 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 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 §§ 630-631a GAME AND FISH. ^ 241 be paid into the state treasury to the credit of the "Fish Coimnission 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. En. February 14, 1872. Eep. 1883, 82. En. Stats. 1895, 260. Am'd. 1903, 24; 1905, 187. Cal. Eep. Cit. 77, 32. Acts relating to fishing and the protection of fish: See post, Appendix, title Fish. § 630. Use of phosphorus on land in certain counties prohibited. (Repealed.) En. February 14, 1^72. Eep. 1897, 348. ^ 631. Net, pound, cage, trap, etc., not to be used. Every person who takes, kills, or destroys, by use of any net, pound, cage, trap, set line or wire, or by the use of any poi- sonous substance, any of the bi^rds 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 cap- tured by the use of any net, pound, cage, trap, set line or wire, or by the use of any poisonous substance, whether taken in the State of California, or shipped into the state from any other state, tenritory or foreign country, is guilty of a mis- demeanor; provided, that the same may be taken for the pur- pose of propagation, or for scientific purposes, written per- mission having first been obtained from the state board of fish commissioners. Proof of possession of any such birds or animals which do not show evidence of having been taken biy means other than a net, pound, 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 provisions 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. En. February 14, 1872. Am'd. 1880, 42; 1881, 73; 1883, 81; 1887, 237; 1895, 261; 1901, 822; 1905, 257. § 631a. Penalty for violation. Every person found guilty of a violation of anv of the provisions of sections 626, 626a, 626b, 626c, 626d, 626f, 626g, 626h, 626i, 626j, 626k, 626m, sections 627, 627a, 627b, and section 631, must be fined in a sum not less than twenty-five dollars nor more than five 633. Every person who, between the fifteenth day of November in any year and the first day of May of the year following, buys, sells, takes, catches, kills, or has in his possession, any variety of white fish or trout, except steel- head trout; or who, between the first day of April, 1907, and the first day of May, 1909, takes, catches, kills, or has in his possession any variety of golden trout; or who at any time buys, sells, or offers for sale any trout of less than one pound in weight; or who, at any tini-e takes, catches or kills any trout, except with hook and line; or who, at any time, takes, catches, kills, or has in his possession, during any one calendar day, more than fifty trout; or who at any time takes or catches any trout, steelhead trout or sal- mon of less than five inches in length, without at once re- turning the same to the water from which it was taken or caught; or who, at any time, takes, catches, kills, or has in his possession, during any one calendar day, trout, other than steelhead trout, the total weight of which exceeds twenty-five pounds, is guilty of a misdemeanor. Every per- son found guilty of any violation of any of the provisions of this section must 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 imprisonment; and all fines collected for any violation 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 pro- hibits the United States fish commission and the fish com- mission of this state from taking at all times such trout f.s they deem necessary for purpose of propagation or for scientific purposes. (In effect March 15, -./07.) 245 GAME AND PISH. §§ 631b-6« hundred dollars, or imprisonment in the county jail of the county in which the conviction shall be had, not less than twenty-five days nor more than one hundred and fifty days, or by both such fine and imprisonment. En. Stats. 1901, 822. Am'd. 1905, 258. § 6311). Disposition of moneys from fines. All fines paid or collected for the violation of any of the provisions of sec- tions six hundred 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 e, 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, six hundred and twenty-seven, six hundred and twenty seven a, six hundred and twenty-seven b, and six hundred and thirty-one, of this chapter, must be paid by the court ■■ ' which the conviction shall be had into the state easury to the credit of the game preservation fund, which iUnd is hereby created, and the moneys in said fund shall 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. En. Stats. 1901, 822. § 631c. Penalty for violation. Every person found guilty of a violation of any of the provisions of section 626e must be fined in a sum not less than fifty dollars nor more than five hundred dollars or imprisonment in the county jail of the county in which the conviction shall be had, not less than fifty days nor more than one hundred and fifty days, or by both such fine or imprisonment. En. Stats. 1905, 258. § 632. Trout, steelhead trout; limit of catch; penalty; disposition of fines.X Every person who, between the first day of November in anv year and the first day of April of the year following, buyk sells, takes, catches, kills, or has in his possession, any variety of trout, except steelhead trout (Salmo gairdneri); or who, between the first day of Febru- ary and the first day of ApriVsOr between the tenth day of September and the sixteenth day: of October of each year, buys, sells, takes, catches, kills or i^as in his possession, any steelhead trout (Salmo gairdneri); or who, between the first § 632a GAME AND FISH. 24« day of November and the first day of April of the year fol- lowing, takes, kills, or catches any steelhead trout above tide water; or who, at any time, buys, sells, or offers for sale, any trout of less than one pound in weight; or who, at any time, takes, catches, or kills any trout except with hook and ^ine; or who, at any '.me, takes, catches, kills, or has in his possession, during any one calendar day, more than fifty trout; or who, at any tipie, takes, catches, kills, or has in his possession, during any one calendar day, trout, other than steelhead trout, the total weight of which exceeds twenty-five pounds, is guilty of a misdemeanor. Every per- son found guilty of any violation of any of the provisions of this section must 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 imprisonment, and all fines collected for any violation 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 commission and the fish commission of this state from taking at all times such trout as they deem necessaiy for the purpose of propagation or for scientific purposes. En. February 14, 1872. Am'd. 1873-4, 464; 1875-6, 114; 1883, 81; 1895, 260; 1897, 20; 1901, 55; 1903, 24; 1905, 188. \ § 632a. Shipment of trout; penalty; disposition of fines. Every railroad company, steamship company, express com- pany, transportation company, transfer company, and every other person who ships, or receives for shipment, or trans- portation, from any one person, during any one calendar day, more than fifty trout, or trout, excepting steelhead trout, the total weight of which exceeds twenty-five pounds, or who transports any troiit, in any quantity, unless such trout are at all times in open view, and labeled with the name and resi- dence of the person by whom they are shipped, is guilty of a misdemeanor, and is punishable by a fine of not less than twenty dollars, or by imprisonment in the county jail in the county in which the conviction is had, not less than ten days, or by both such fine and imprisonment; and all fines imposed and collected for any violation of any of the pro- visions of this section shall be paid into the state treasury to the credit of the "Fish Commission Fund." En. Stats. 1895, 261. Eep. 1897, 348. En. Stats. 1905, 188. esS'/a (new). Every person who, between the first day )f February and the first day of April of any year, or who, jetween the seventeenth day of September and the twenty- ;hird day of October of any year, buys, sells, takes, catches, fills, or has in his possession any steelhead trout, or who between the first day of April and the first day of May of iny year, takes, catches, or kills, any steelhead trout above ;ide water, or who, at any time takes, catches or kills, any steelhead trout, except with hook and line, or has in his )ossession any steelhead trout which have been taken, caught or killed, except with hook and line; or who, at any ime takes, catches, kills or has in his possession, during iny one calendar day, more than fifty steelhead trout, is ruilty of a misdemeanor. Every person who offers for ship- nent, ships, or receives for shipment or transportation from he State of California to any place in any other state, ter- itory or foreign country, any steelhead or other trout ■aught or taken in the waters of this state, is guilty of a nisdemeanor; provided, that the possession of such steelhead )r other trout shall be prima facie evidence of the fact that ;uch steelhead or other trout were caught or taken in the vaters of this state. Every person found guilty of any vio- ation of any of the provisions of this section must be fined n a sum not less than twenty dollars or be imprisoned in ae county jail in the county in which the conviction shall )e had, not less than ten days or to be punished by both ;uch fine and imprisonment, and all fines collected for any 'iolation of any of the provisions of this section must be )aid into tlie state treasury to the credit of the "fish com- nission fund." Nothing in this section prohibits the United States fish commission and the fish commission of this state rom taking at all times such trout as they deem necessary or the purpose of propagation or for scientific purposes. In effect March 15, 1907.) 633b (new). Every person who, at any time, prior to the irst day of January one thousand nine liundred and eleven, )uys, sells, offers for sale, takes, catches, kills, or has in his )Ossession, any Sacramento perch, is guilty of a misdemeanor ind is punishable by a fine of not less than twenty dollars )r more than five hundred dollars, or by imprisonment in :he county jail in the county in which the conviction is had, lot less than twenty days or more than one hundred and ifty days, or be punished by both such fine and imprison- nent, and all fines collected for any violation of the provi- iions of this section must be paid into the state treasury to :he credit of the "fish commission fund." (In effect March 15, 1907.) 634. Every person who between the seventeenth day of September and the twenty-third day of October of each year, takes, catches or kills, buys, sells, offers or exposes for sale, or has in his possession any fresh salmon; every person who, between the twenty-third day of October and the fifteenth day of November of each year, takes or catches any salmon above tide water; every person who shall set or draw, or assist in setting or drawing, any net or seine for the purpose of taking or catching salmon, shad or striped bass, in any of the waters of this state, at any time between sunrise of each Saturday and sunset of the following Sunday; every person who, for the purpose of catching salmon, shad or striped bass, in any of the waters of this state, fishes with or uses any seine or net, dragnet, or paranzella, the meshes of which are, when drawn closely together and measured inside the knot, less tlian seven and one-lialf inches in length, is guilty of a misdemeanor, and is punishable by a fine not less than two 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 imposed and collected for any violations of the provisions of this section shall be paid into the "fish commission fund." In the con- struction and meaning of this section, the limits of tide water in the Sacramento river shall be deemed to extend from its mouth to the city of Sacramento; in the San Joaquin river, from its mouth to the Southern Pacific railroad bridge near Lathrop, in San Joaquin county; in Eel river, in Hum- boldt county, from its mouth to East Ferry, above the town of Fortuna; in the Klamath river, to a point on the river north of the residence of James McGarvey; in Smith river, in Del Norte county, from its mouth to Higgins Ferry. Nothing in this section shall prohibit the United States fish commis- sion 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 the violations of any of the provisions of this section that the fish were caught or taken outside or within this state. (In effect March 15, 1907.) 247 GAME AND PISH. §§ 632b-634 § 632b. Only hook and line to be used in streams where U. S. hatchery is located. (Repealed.) En. stats. 1895, 261. Eep. 1897, 348. § 633. Trout, sale, taking or possession of. (Repealed.) En. February 14, 1872. Am'd. 1877-8, 120; 1891, 110; 1895, 262. Eep. 1897, 348. § 634. Taking, sale, or possession of salmon, when pro- libited. Every person who, between the tenth day of Sep- ember and the sixteenth day of October of each year, takes •r catches, buys, sells, offers or exposes for sale, or has in -is possession any fresh salmon; every person who, between .he fifteenth day of October and the fifteenth day of No- vember of each year, takes or catches any salmon above :ide water; every person who shall set or draw, or assist in setting or drawing, any net or seine for the purpose of, taking or catching salmon, shad, striped bass, or sturgeon, in any of the waters of the state, at any time between sun- rise of each Saturday and sunset of the following Sunday; every person who, for the purpose of catching salmon, shad, striped bass, or sturgeon, in any of the waters of the state, fish with or use any seine or net, drag-net, or paranzella, the meshes of which are, when drawn closely together and measured inside the knot, less than seven and one-half inches in length, is guilty of a misdemeanor, and is punishable by a fine not less than two hundred dollars, or by imprison- ment in the county jail in which the conviction shall be had, not less than one hundred and fifty days, or by both such fine and imprisonment, and all the fines imposed and col- lected for any violations of the provisions of this section shall be paid into the "fish commission fund." In the con- struction and meaning of this section, the limits of tide water in the Sacramento River shall be deemed to extend from its mouth to the city of Sacramento; in the San Joaquin River, from its mouth to the Southern Pacific Railroad bridge near Lathrop, in San Joaquin County; in Eel River, in Humboldt County, from its mouth to East Ferry, above the town of Fortuna; in the Klamath River, to a point on the river north of the residence of James McGarvey; in Smith River, in Del Norte County, from its mouth to Higgins Ferry. 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 purposes of artificial hatching. It shall be no defense in a prosecution for the "§ 635, 638 GAME AND FISH. :i4S violation of any of the provisions of this section that the fish were caught or taken outside or within this state. En. February 14, 1872. Am'd. 1873-4, 465 j 1875-6, 114; 1877-8, 120; 1881, 13; 1883, 81; 1885, 99; 1895, 262; 1897, 20. Cal. Rep. Cit. 73, 258; 107, 281; 139, 115; 139, 116; 139, 465. § 635. Use of explosives, and pollution of waters. Every person who places or causes to be placed in any of the waters of this state, dynamite, gunpowder, or other explo- sive 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 anj'^ of the waters of this state, any lime, gas, tar, cocculus indicus, slag, sawdust, shavings, slabs, edgings, mill or factory refuse, or any substance deleterious to fish, is guilty of a misde- meanor, and is 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 is had, not less than one hundred and twenty-five days, or by both such fine and imprisonment; and all 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 commission fund." En. February 14, 1872. Am'd. 1875-6, 115; 1889, 61; 1895, 262; 1897, 348; 1901, 55; 1903, 25. Cal. Eep. Cit. 107, 281; 139, 116; 143, 641. § 636. Setting net, trap, etc., for fish. Every person who shall cast, extend, or set 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, set, use, or continue, or who shall assist in casting, extend- ing, using, or continuing "Chinese shrimp or bag net," or a net of 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," 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, trap, or any other fixed or perma- nent contrivance for catching fish in the waters of this state — and every net shall be considered a set-net that is 249 GAME AND FISH. §§ 636a, 637 secured in any way and not free to drift with the current 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 violation of any of the provisions of this section shall be paid into the "fish commissioners' fund." En. February 14, 1872. Am'd. 1875-6, 115; 1877-8, 120; 1881, 12;- 1883, 82; 1887, 237;. 1893, 215; 1895, 263; 1897, 349. Cal. Eep. Cit. 57, 251; 57, 252; 73, 258; 107, 281; 114, 371; 124, 151; 124, 152; 124, 153; 124, 154. § 636a. Nets, seines, etc., prohibited. Any net, seine, drag-net, paranzella, or set-net used for taking or catch- ing fish, which shall be used or maintained in any of the waters of thi3 state in violation of any existing or hereafter enacted statutes or laws of this state for the protection of fish, is hereby declared to be a j)ublic nuisance, and it is the duty of every peace ofiicer to seize and keep the same and report such seizure to the board of fish commissioners of the state. Thereupon said board must commence pro- ceedings in the superior court of the county or city and county in which the same shall be seized, by filing a peti- tion 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, 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 pub- lic 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, paranzella, or set-net, the court must proceed to hear and determine said proceeding ac- cording to law, and u]3on 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. En. Stats. 1901, 56. § 637, Fish commissioners to examine dams. Fishways. 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 nat- § 637a GAME AND FISH. 250 urally 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 owners or occupants thereof to provide the same, within a specified time, with a durable and efficient fish- way, of such form and capacity, and in such location as shall be determined by the fish 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 owners or occupants of all dams or artificial obstructions, where the state board of fish commissioners require sucti fishways to be provided, to keep the same in repair and open and free from obstruction 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 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 pro- vided 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 provisions of this act is guilty of a misdemeanor, and every person found guilty of a violation of any 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 commis- sion fund." En. February 14, 1872. Am'd. 1891, 93; 1903, 25. Cal. Eep. Cit. 135, 470. Acts relating to fishing and the protection of fish: See post. Appendix, title Fish. Fishway, act relating to: See post. Appendix, title Fish. § 637a. Killing of birds other than game, meadow lark, etc.; exceptions; certain birds not included. 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 propagation or for education or scientific 637a. Every person who, in the State of California, shall at any time, hunt, shoot, shoot at, pursue, talte, kill, or destroy, buy, sell, give away, or have in his possession, except upon a written permit from the board of fish com- missioners of the State of California, for the purpose of propagation or for 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 horned owl, bluejay, 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. (In effect March 21, 1907.) 637b (new). The provisions of this chapter prohibiting any person from having in his possession any fish or game or parts thereof at any time, or during the seasons herein specified, shall, unless express provisions 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 were shipped into this state from any other state, territory or foreign country. (In effect March 21) 1907.) 251 MISCELLANEOUS OFFENSES. S 638 purposes, any meadow lark, or any wild bird, livin^^ 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 misde- meanor; 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 destroy- ing 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 horned owl, bluejay, 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. En. Stats. 1901, 573. Am'd. 1905, 114. GHAPTEE II. OF OTHER AND MISCELLANEOUS OFFENSES. 5 638. Neglect or postponement of telegraphic or telephonic messages. J 639. Employee using information contained in telegraphic or tele- phonic messages. § 640. Clandestinely learning the contents of a telegraphic or tele- phonic message. § 641. Bribing telegraph or telephone operator. § 642. Collecting tolls, etc., at San Fi'ancisco, without authority. § 643. Violations of police regulations of San Francisco Harbor. § 644. Enticing seamen to desert. 5 645. Harboiing deserting seamen. § 646. Aiding apprentices to run away or harboring them. § 647. Vagrants. § 64S. Issuing or circulating paper money. § 649. Officers of Are department issuing false certificates. § 650. Sending letters threatening to expose another. § SaOVi. Seriously injuring persons or property, etc., a misdemeanor. § 651. Requiring apprentices to work more than eight hours. § 652. National Guard; failure to attend parade. § 653. Members of National Guard, insubordination of. § 6.531/4. Appraiser accepting fees not allowed. § 653b. Abuse of school teachers. § 653c. Unlawful to permit workmen upon public works to work more than eight hours per day. § 653d. Retaining wages of employee. § 654. Abuse of school teachers. (Repealed.) § 638. Neglect or postponement of telegraphic or tele- phonic messages. Every agent, operator, or employee of any telegraph or telephone office, who willfully refuses or neg- lects to send any message received at such office for trans- mission, or willfully postpones the same out of its order, or willfully refuses or neglects to deliver any message received §§ 639, 640 MISCELLANEOUS OFFENSES. 252 by telegraph or telephone, is guilty of a misdemeanor. Noth- ing herein contained must be construed to require any mes- sage 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 counsel- ing, aiding, abetting, or encouraging treason against the gov- ernment of the United States or of this state or other re- sistance 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. En. February 14, 1872. Am'd. 1905, 690. The change consists in the insertion of the words "or telephone," be- fore "office." — Code Commissioner's Note. Carriers of messages: See Civ. Code, sees. 2161, 2162, 2207. § 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 informa- tion so obtained, or in any manner turns, or attempts to turn, the same to his own account, profit, or advantage, is pun- ishable by imprisonment in the state prison not exceeding five years, or by imprisonment in the county jail not exceed- ing one year, or by fine not exceeding five thousand dollars, or both by such fine and imprisonment. En. February 14, 1872. Am'd. 1905, 690. The change consists in the insertion of the words "or telephone," be- fore "office." — Code Commissioner's Note. § 640. Clandestinely learning contents of telegraphic or telephonic messages. 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 being sent over any telegraph ft' telephone line, or will- fully and fraudulently, or clandestinely, learn or attempts to learn the contents or meaning of any message, while the same is in any telegraph or telephone office, or is being re- ceived thereat or sent therefrom, or who uses or attempts to use, or communicates to others, any information so ob- 252a MISCELLANEOUS OFFENSES. §§ 641-644 tained, is punishable as provided in section six hundred and thirty-nine. En. February 14, 1872. Am'd. 1905, 691. The change consists in the insertion of the words "or telephone,'' be- fore "line" and before "offlce." — Code Commissioner's Note. § 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 iirocure 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, oper- ator, or employee any bribe, compensation, or reward for the disclosure of any private information received by him by reason of his trust as such agent, operator, or employee, or uses or attempts to use any such information so obtained, is punishable as provided in section six hundred and thirty- nine. En. February 14, 1872. -Am'd. 1905, 691, The change consists in the insertion of the words "or telephone," be- fore "act." — Code Commissioner's Note. Cal. Eep. Cit. 61, 622. § 642. Collecting tolls, etc., at San Francisco, without authority. Every person who collects any toll, wharfage, or dockage, or lands, ships, or removes 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 un- der the control of the board of state harbor commissioners, without being by such board authorized so to do, is guilty of a misdemeanor. En. February 14, 1872. Cal. Eep. Cit. 71, 7. Wharfage: See Pol. Code, sees. 2527, 2582. § 643. Violations of police regulations of San Francisco Harbor. Every person who violates any of the provisions of the laws 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 tlie performance of any services under a license issued pursuant to the provisions of such laws, is guilty of a mis- demeanor. En. February 14, 1872. Cal. Rep. Cit. 71, 7. § 644. Enticing seamen to desert. Every person who entices seamen to desert from any vessel lying in the waters of this state, and on board of which they have §§ 645-647 MISCELLANEOUS OFFENSES. 252b shipped for a term or voyage unexpired at the time of such enticement, is guilty of a misdemeanor. En. February 14, 1872. § 645. Harboring deserting seamen. Every person who ■ harbors or secretes any seaman, knowing him to be shipped, and with a view to persuade or enable him to desert, is guilty of a misdemeanor. En. February 14, 1872. § 646. Aiding apprentices to run away or harboring them. Every person who willfully and knowingly aids, as- sists or encourages to run away, or who harbors or conceals any person bound or held to service or labor, is guilty of a misdemeanor. En. February 14, 1872. Apprentices: Civ. Code, sees. 264 et seq,"^ and Appendix to Civ. Code, title Apprentices. § 647. Vagrants. 1. Every person (except a California Indian) without visible means of living who has the phys- ical 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 confidence 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 landing, 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 asso(?iate of known thieves; or, 6. Every person who wanders about the streets at late or unusual hours of the night, without any visible or law- ful business; or, 7. Every person who lodges in any barn, shed, shop, out- house, vessel, or place other than such as is kept for lodg- ing 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. 645. Repealed. (In effect March 15, 1907.) 252c MISCELLANEOUS OFFENSES. §§ 648-6501^ 9. Every person who 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 pun- ishable 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. En. Feb- ruary 14, 1872. Am'd. 1891, 130; 1903, 96. Cal. Eep. Cit. 63, 304; 72, 385; 82, 614; 88, 102; 88, 113; 108, .57; 147, 292. Jurisdiction of police courts in cases of: See Pol. Code, sec. 4420. § 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 of- fense is guilty of felony. En. February 14, 1872. See Civ. Code, sec. 356. § 649. Officers of fire department issuing false certifi- cates. Every officer of a fire department who willfully is- sues, or causes to be issued, any certificate of exemption to a person not entitled thereto, is guilty of a misdemeanor. En. February 14, 1872. § 650. Sending letters threatening to expose another. Every person who knowingly 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. En. February 14, 1872. See ante, sec. 523. § 650V2. Seriously injuring persons or property, etc., a misdemeanor. A jjerson who 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 de- cency, or who willfully and wrongfully in any manner, ver- bal or written, uses another 's name for accomplishing lewd or licentious purposes, whether such purposes are ac- §§ 651-653% MISCELLANEOUS OFFENSES. 2523 complished or not, or who willfully and wrongfully 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 accomplishing any lewd or licentious purpose, whether such purpose is accomplished or not, personifies any person other than himself, or who causes or procures any other person or persons to identify him, or to give as- surance that he is any other person than himself to aid or assist him to accomplish any lewd or licentious purpose, for which no other punishment is expressly prescribed by this code, is guilty of a misdemeanor. En. Stats. 1903, 235. § 651, Requiring apprentices to work more than eight hours. Every person having a minor child under his con- trol, either as a ward or an apprentice, who, 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. En. February 14, 1872. Cal. Eep. Cit. 63, 304. § 652. National Guard; failure to attend parade. Every commissioned officer of the National Guard who willfully fails to attend any parade or encampment, and every mem- ber of the National Guard who neglects or refuses to obey the lawful command of his superior on any day of parade or encampment, or to perform such military duty as may be lawfully required of him, is punishable by a fine of not less than five nor more than one hundred dollars. En. Feb- ruary 14, 1872. Cal. Eep. Cit. 109, 291. Disobeying orders: Pol. Code, sec. 1930. Parades and drills: Pol. Code, sees. 2018-2030. § 653. Members of National Guard, Insubordination of. Every member of the National Guard who, when duly noti- fied, fails to appear at a parade, or who disobeys any law- ful order, or who uses disrespectful language towards his superior, or who commits any act of insubordination, is guilty of a misdemeanor. En. February 14, 1872. § 6531/2. Appraiser accepting fees not allowed. Any appraiser, appointed by virtue of section one thousand four 253 MISCELLANEOUS OFFENSES. §§ 653b-653e hundred and forty-four of the Code of Civil Procedure, who shall accept any fees, reward, or compensation other than that provided for by law, from any executor, admin- istrator, trustee, legatee, next of kin or heir of any decedent, or from any other person, is guilty of a misdemeanor. En. Stats. 1899, 35. § 653b. Aubse of school teachers. Every parent, guard- ian, or other person who upbraids, insults, or abuses any teacher of the public schools, in the presence or hearing of a pupil thereof, is guilty of a misdemeanor. En. Stats. 1873-4, 435, as section 654. Renumbered and amended 1905, 658. There are now in this Code two sections each numbered 654. The change consists in renumbering the one approved March 30, 1874, to read 653b.— Code Commissioner's Note. There were formerly two sections 654. The one above renumbered 653b and amended in 1905, was enacted in 1873-4. The other, enacted In 1872, is unchanged. Cal. Eep. Cit. 49, 395. Abusing teacher in presence of a class a misdemeanor: See Pol. Code, sec. 1867. Disturbing public schools or school meeting a misde- meanor: See Pol. Code, sec. 1868. § 653c. Unlawful to permit workmen upon public works to work more than eight hours per day. The time of ser- vice of any 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 calen- dar 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 sub-contractor doing work under contract upon any public works aforesaid, who employs, or who di- rects or controls, the work 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 subdivision thereof, making or awarding, as such officer or agent, any contract, the execution of which involves or may § 653d MISCELLANEOUS OFFENSES. 254 involve the employment of any laborer, workman, or me- chanic upon any of the public works, or upon any work, hereinbefore mentioned, shall cause to be inserted therein a stipulation which shall provide that the contractor to whom said contract is awarded shall forfeit, as a penalty, to the state or political subdivision in whose behalf the con- tract 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 con- tract, and to report the same to the representative of the state or political subdivisions, party to the contract, author- ized to pay to said contractor moneys becoming due to him under the said contract, and said representative, when mak- ing payment of moneys thus due, shall withhold and retain therefrom all sums and amounts which shall have been for- feited pursuant to the herein said stipulation. Any officer, agent, or representative of the State of California, or of any political subdivision thereof, who shall violate any of the provisions of this section, shall be deemed guilty of mis- demeanor, and shall upon conviction be punished by fine not exceeding five hundred dollars, or by imprisonment, not ex- ceeding six months, or by both such fine and imprisonment, in the discretion of the court. En. Stats. 1905, 666. This is a new section, co-difying word for word, the eight-hour law passed at the last session (Stats. 1903, p. 119.) — Code Commissioner's Note. § 653d. Retaining wages of employee. Every person who employs laborers upon public works, and who 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. En. Stats. 1905, 667. This is a new section, codifying the statute of 1S71-2, page 951, to protect wages of labor, inserting, however, the words "for his own use," to ma lie same conform to intention of original act. — Code Com- missioner's Note. See note to § 653b, ante. 255 GENERAL PROVISIONS REGARDING CRIME. § 654 § 654. Abuse of school teachers. 'I'here are now in this Code two sections eacli numbered 654. The change consists in renumbering the one approved March 30, 1874, to read 653b. — Code Commissioner's Note. See note to § 653b, ante. TITLE XVI. GENEEAL PROVISIONS. § 654. Acts made punishable by different provisions of this code. § 654'a. False representation as to quality or merits of goods sold or advertised; penalty. § 653. .\cts punishable under foreign law. § 6.56. Foreign conviction or acquittal. § 657. Contempt, how punishable. 65S. Mitigation of punishment in certain cases. 659. .Aiding in misdemeanor. 660. Sending letters, when deemed complete. § 661. Removal from office for neglect of official duty. § 662. Omission to perform duty, when punishable. 663. Attempts to commit crimes, when punishable. 664. .Attempts to commit crimes, how punishable. I 665. Restrictions upon the preceding sections. 666. Second offense, how punished after conviction of former offense. 667. Second offenses, how punished after conviction of attempt to commit a state prison offense. fRepeale-d.) 665. 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 suspended. 674. Civil death. 675. Limitations on two preceding sections. 676. Person of convict protected. § 677. Forfeitures. 678. Valuation in gold coin. 679. Coercion or compulsion of persons seeking employment. § 679a. Limiting .sale of convict-made goods. GSO. Payment of wages to employees in a bar-room. § 654. Acts made punishable by different provisions of this code. An act or omission which is made punish- able in different ways by different provisions of this code may be 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 prose- cution 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 punishments therein prescribed must be sub- stituted for those prescribed for a first offense, if the §§ 654'a-6o9 GENERAL PROVISIONS REGARDING CRIME. 256 previous conviction is charged in the indictment and found by the jury. En. February 14, 1872. Effect of plea of guilty: See post, see. 1158. § 654a. False representation as to quality or merits of goods sold or advertised; penalty. 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 an inducement to attract purchasers to the place of busi- ness so advertised, who shall make verbal or show printed or written false statements regarding the quality or merits of the goods advertised is guilty of a misdemeanor. En. Stats. 1905, 228. § 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. En. February 14, 1872. § 656. Foreign conviction or acquittal. Whenever on the trial of an accused person it appears that upon a crim- inal prosecution under the laws of another state, gov- ernment, 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 sufiicient defense. En. February 14, 1872. Foreign conviction or acquittal: See also post, sec. 668. § 657. Contempt, how punishable. A criminal act is not the less punishable as a crime because it is also declared to be punishable as a contempt. En. February 14, 1872. Criminal. contempts: See ante, sec. 166. § 658. Mitigation of punishment in certain cases. When it appears, at the time of passing sentence upon a person convicted upon indictment, that such person has already paid a fine or suffered an imprisonment for the act of which he stands convicted, under an order adjudging it a contempt, the court authorized to pass sentence may mitigate the pun- ishment to be imposed, in its discretion. En. February 14, 1872. § 659. Aiding in misdemeanor. Whenever an act is declared a misdemeanor, and no punishment for counsel- 257 GENERAL, PROVISIONS REGARDING CRIME. §§ 660-664 ing or aiding in the commission of such act is expressly prescribed by law, every person who counsels or aids another in the commission of such act is guilty of a mis- demeanor. En. February 14, 1872. Cal. Eep. Cit. 105, 644. Accessories defined: Sec. 32. Accessories, how punished: Sec. 33. § 660. Sending letters, when deemed complete. In the various cases in which the sending of a letter is made criminal by this code, the offense is deemed complete from the time when such letter is deposited in any postoffice or any other place, or delivered to any person, with intent that it shall be forwarded. En. February 14, 1872. Threatening letters. — Sending with intent to extort money: Sec. 523. § 661. Removal from office for neglect of official duty. 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. En. February 14, 1872. Eemoval other than by impeachment: See post, sec. 758 et seq. § 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. En. February 14, 1872. § 663. Attempts to commit crimes, when punishable. Any person may be convicted of an attempt to commit a crime, although it aj^pears on the trial that the crime in- tended or attempted was perpetrated by such person in pursuance of such attempt, unless the court, in its discre- tion, discharges the jury and directs such person to be tried for such crime. En. February 14, 1872. Cal. Eep. Cit. 142, 14. § 664. Attempts to commit crimes, how punishable. Every person who attempts to commit any crime, but fails, pen. Code— 17 §§ 665, 666 GENERAL, PROVISIONS REGARmNG CRIME. 258 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 impris- onment in the state prison for five years, or more, or by imprisonment in the county jail, the person guilty of such attempt is punishable by imprisonment in the state prison, or in a county jail, as the case may be, for a term not ex- ceeding one-half the longest term of imprisonment pre- scribed 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 impris- onment 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 be punished by both imprisonment and fine, not ex- ceeding one-half the longest term of imprisonment and one- half the largest fine which may be imposed upon a con- viction for the offense so attempted. En. J^ebruary 14, 1872. Cal. Eep. Cit. 49, 393; 59, 423; 60, 72; 67, 104; 75, 571; 98, 129; 135, 269; 135, 270; 138, 160; 138, 161. Subd. 1—59, 424; 142, 14. Attempts included in sees. 216, 217, 220-222 are not in- cluded in this section, § 665. Restrictions upon the preceding sections. The last two sections do not protect a person who, in attempt- ing unsuccessfully to commit a crime, accomplishes the commission of another and different crime, whether greater or less in guilt, from suffering the punishment prescribed by law for the crime committed. En. February 14, 1872. § 666. Socond offense, how punished after conviction of former offense. Every person who, having been convicted of petit larceny, or of any offense punishable by imprison- ment in the state prison, commits any crime after such con- viction, is punishable therefor as follows: 1. If the offense of which such person is subsequently con- victed is such that, upon a first conviction, an offender would be punishable by imprisonment in the state prison for any 253 GENERAL PROVISIONS REGARDING CRIME. §§ 667, 668 term exceeding five years, such person is punishable 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 j)rison for five years, or any less term, then the person convicted of such subsequent offense is punishable by imprisonment in the state prison not exceeding ten years. 3. 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. En. February 14, 1872. Am'd. 1903, 107; 1905, 667. The amendment consists in the substitution of the word "five" tor "ten." At the last session of the legislature, sections 666 and 667 were changed, the former being amended, and the latter repealed. Through a mistake in copying the proi>osed amendment to section 666, the section, as it now stands, leaves a large class of cases un- provided for. The word "ten," on the fourth line of subdivision '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 pen- alty shall attach; for a second conviction for an offense punishable, say by seven, or even ten years, entails no penalty. Judge Carroll Cook called the attention of the Commissioner to the error, and re- quested the amen-dment. — Code Commissioner's Note. Cal. Eep. Git. 57, 559; 64, 338; 65, 299; 65, 300; 88, 120; 88, 174; 110, 43; 118, 389; 138, 163; 143, 599; 143, 634; 145, 610; 145, 612. Siibd. 2—120, 272; 139, 214. Subd. 3—64, 338; 64, 341. Previous conviction, duty of jury to find on: See post, sec. 1158. § 667. Second offenses, how punished after conviction of attempt to commit a state prison offense. (Kepealed.) En. February 14, 1872. Eep. 1903, 108. Cal. Eep. Cit. 47, 115; 61, 137; 61, 436; 109, 298; 110, 43; 138, 162. Subd. 2—109, 297. Subd. 3-^9, 393; 73, 442. § 668. Foreign conviction for former offense. Every person who has been convicted in any other state, govern- ment, or country, of an offense which, if committed within this state, would be punishable by the laws of this state, by imprisonment in the state prison, is punishable for any subsequent crime committed within this state in the manner prescribed in the last two sections, and to the same extent as if such first conviction had taken place in a court of this state. En. February 14, 1872. Cal. Eep. Cit. 61, 436. See ante, sec. 656. §§ 669-673 GENERAL, PROVISIONS REGARDING CRIME. 260 § 669. Second term of imprisonment, when to commence. When any person is convicted of two or more crimes before sentence has been pronounced upon him for either, the imprisonment to which he is sentenced upon the second or other subsequent conviction must commence at the termina- tion of the first term of imprisonment to wMcTi he shall be adjudged, or at the termination of the second or other sub- sequent term of imprisonment, as the case may be. En. February 14, 1872. Cal. Eep. Cit. 61, 436,- 76, 519,- 86, 429; 132, 348; 135, 343; 145, 186. § 670. When term of Imprisonment commences, etc. The term of imprisonment fixed by the judgment in a criminal action commences to run only upon the actual de- livery of the defendant at the place of imprisonment, and if thereafter, during such term, the defendant by any legal means is temporarily released from such imprisonment and subsequently returned thereto, the time during which he was at large must not be computed as part of such term. En. February 14, 1872. Cal. Eep. Cit. 61, 436; 86, 429; 132, 347; 135, 341. § 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 imprison- ment is declared, the court authorized to pronounce judg- ment upon such conviction may, in its discretion, sen- tence such offender to imprisonment during his natural life, or for any number of years not less than that pre- scribed. En. February 14, 1872. Cal. Eep. Cit. 61, 436; 65, 299; 98, 129; 118, 93; 123, 416; 124, 153; 131, 316; 138, 161. § 672. Fine may be added to imprisonment. Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding two hundred dollars, in addition to the impris- onment prescribed. En. February 14, 1872. § 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, 261 GENERAL PROVISIONS REGARDING v^^aME. §§ 674-679 and forfeits all public offices and all private" trusts, author- ity, or power during such imprisonment. En. February 14, 1872. Cal. Eep. Cit. 124, 565. § 674. Civil death. A person sentenced to imprison- ment in the state prison for life is thereafter deemed civ- illy dead. En. February 14, 1872. Cal Eep. Cit. 124, 565; 125, 419. § 675. Limitations on two preceding sections. The pro- visions of the last two preceding. sections must not be con- strued to render the persons therein mentioned incompe- tent as witnesses upon the trial of a criminal action or proceeding, or incapable of making and acknowledging a, sale or conveyance of property. En. February 14, 1872. Am'd. 1873-4, 435. Cal. Eep. Cit. 124, 565; 124, 566; 125, 419. § 676. Person of convict protected. The person of a convict sentenced to imprisonment in the state prison is under the protection of the law, and any injury to his per- son, not authorized by law, is punishable in the same man- ner as if he was not convicted or sentenced. En. February 14, 1872. Cal. Eep. Cit. 125, 419. § 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 shall flee from justice, are abolished. En. February 14, 1872. Cal Eep. Cit. 124, 565; 125, 420. § 678. Valuation in gold coin. Whenever in this code the character or grade of an offense, or its punishment, is made to depend upon the value of property, such value shall be estimated exclusively in United States gold coin. En. Stats. 1873-4, 435. § 679. Coercion or compulsion of persons seeking em- ployment. Any person, or corporation within this state, or agent or officer on behalf of such person or corporation. §§ 679a, 680 GENERAL PROVISIONS REGARDING CRIME. 262 who shall hereafter coerce or compel any person or per- sons to enter into an agreement, either written or verbal, not to join or become a member of any labor organiza- tion, as a condition of such person or persons securing em- ployment or continuing in the employment of any such person or corporation, shall be guilty of a misdemeanor. En. Stats. 1893, 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 within this state, any article, or articles manu- factured wholly or in part by convict or other prison labor, except articles the sale of which is specifically sanctioned by law. 2. Every person selling, exposing for sale, or offering for sale any article manufactured in this state whoUy or in part by convict or other prison labor, the sale of which is not specifically sanctioned by law, shall be guilty of a niisdemeanor. En. Stats, 1901, 326_. § 680. Payment of wages to employees in a 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. En. Stats. 1901, 660. PAET II. OF CRIMINAL PEOCEDUEE. (§§ 681-1570.) (263) PEELIMINAEY PEOVISIONS. § 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 a 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 convicte-d but upon verdict or judgment. § 681. No person punishable but on legal conviction. No person can be punished for a public offense, except upon a legal conviction in a court having jurisdiction there- of. En. February 14, 1872. Cal. Eep, Cit. 68, 180. Crim. Prac. Act, sec. 6. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Constitutional guaranty: Const. Cal., art. I, sec. 13. Conviction of public offense, how may be had: See post, sec. 689. § 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 ser- vice, and in the land and naval forces in time of war, or which the state may keep, with the consent of congress, in time of peace; 3. Offenses tried in justices and police courts. En. Feb- ruary 14, 1872. Am'd. 1880, 10. Cal. Eep. Cit. 53, 413; 57, 561; 108, 663; 109, 450; 111, 240; 145, 37. Crim. Prac. Act, sec. 7. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Prosecution: See Const. Cal., art. I, sees. 8, 13. Courts-martial: See Pol. Code, sees, 2076-2084. (265) §§ 6S3-686 CRIMINAL, PROCEDURE. 266 § 683. Criminal action defined. The proceedings by which a party charged with a public offense is accused and brought to trial and punishment, is known as a criminal action. En. February 14, 1872. Crim. Prac. Act, sec. 8. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 684. Parties to a criminal action. A criminal action is prosecuted in the name of the people of the state of California, as a party, against the person charged with the offense. En. February 14, 1872. Cal. Eep. Cit. 61, 58; 111, 241. Crim. Prac. Act, see. 9. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 685. The party prosecuted known as defendant. The party prosecuted in a criminal action is designated in this code as the defendant. En. February 14, 1872. Crim. Prac. Act, see. 10. En. April, 20, 1850. Eep. 1851, 1851, 290. En. 1851, 212. § 686. Rights of defendant in a criminal action. 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 ap- pear and defend in person and with counsel. 3. To produce witnesses oq his behalf, and to be con- fronted with the witnesses against him, in the presence of the court, except that where the charge has been pre- liminarily examined before a committing 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 267 CRMINAL, PROCEDURE. §§ 687. 688 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. En. Feb- ruary 14, 1872. Cal. Eep. Cit. 50, 96; 54, 577; 55, 464; 57, 568; 61, 477; 64, 86; 66, 102; 66, 676; 66, 677; 73, 207; 85, 427; 99, 233; 100, 5; 105, 656; 106, 650; 108, 444; 111, 88; 116, 254; 138, 578; 143, 380; 143, 382; 143, 386; 143, 576; 143, 577; 143, 578. Subd. 3—98, 131; 98, 132; 116, 251; 121, 498; 126, 381; 132, 263. Crim. Prac. Act, sec. 11. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. See Const. Cal., art. I, sec. 13. Depositions as evidence: Post, sees. 869, 1345, 1^62. § 687. Second prosecution for the same offense prohib- ited. No person can be subjected to a second prosecu- tion for a public offense for which he has once been prosecuted and convicted or acquitted. En. February 14, 1872. Cal. Eep. Cit. 79, 430; 99, 231; 114, 57; 132, 501; 138, 484; 138, 485; 146, 315. Crim. Prac. Act. sec. 12. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. See Const. Cal., art. I, sec. 13; U. S. Const. Amend. 5. Dismissal no bar: See sec. 999. § 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 re- §§ 6S9, 692 LAWFUL RESISTANCE. 268 straint than is necessary for his detention to answer the charge. En. February 14, 1872. Cal. Eep. Cit. 64, 340; 73, 443. Grim. Prac. Act, sec. 13. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 42, 167; 42, 169; 48, 23. § 689. No person to be convicted but upon verdict or judgment. No person can be convicted of a public offense unless by the verdict of a jury, accepted and recorded by the court, or upon a plea of guilty, 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 criminal case not amounting to felony. En. February 14, 1872. Am'd. 1880, 4. Cal. Eep. Cit. 64, 341; 66, 677; 68, 180; 68, 181; 68, 183; 100, 5. Crim. Prac. Act, sec. 14. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Am'd. 1863, 158. Cal. Eep. Cit. 4, 403; 14, 145. TITLE I. OF THE PEEVENTION OF PUBLIC OFFENSES. Chapter I. Of Lawful Eesistanee, §§ 692-694. II. Of the Intervention of the Of&eers of Justice, §§ 697, 698. • III. Security to Keep the Peace, §§ 701-714. IV. Police in Cities and Towns, and Their Attend- ance at Exposed Places, §§ 719, 720. V. Suppression of Eiots, §§ 723-734. CHAPTEE L OF 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 re- sistance to the commission of a public offense may be made : 269 INTERVENTION OF OFFICERS OF JUSTICE. SS 6"J3-ti97 1. By the party about to be injured; 2. By other parties. En. February 14, 1872. Crim. Prac. Act, sec. 15. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. ' . Personal rights: See Civ. Code, sees. 43-50. § 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. En. February 14, 1872. Crim. Prac. Act, sec. 16. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 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. En. February 14, 1872. Crim. Prac. Act, sec. 17. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. CHAPTER n. OF THE INTERVENTION OF THE OFFICERS OF JUSTICE. § 697. Intervention of officers, In what cases. § 698. Persons acting in their aid justified. § 697. Intervention of oflacers, in what cases. Public offenses may be prevented by the intervention of the of- ficers of justice: 1. By requiring security to keep the peace; 2. By forming a police in cities and towns, and by re- quiring their attendance in exposed places; 3. By suppressing riots. En. February 14, 1872. Crim. Prac. Act, sec. 18. En. April 20, 1850. Rep. 1851, 280. En. 1851, 212. §§ 698-703 SECURITY TO KEEP THE PEACE. 270 Siibd. 1: See post, sees. 701-714. Subfl. 2. Police force: See sees. 719, 720. Officers au- thorized to preserve peace: Post, sec. 720, Subd. 3: See post,, sees. 723-734. § 698. Persons acting in their aid justified. Wlien the officers of justice are authorized to act in the prevention of public offenses, other persons, who, by their command, act in their aid, are justified in so doing. En. February 14, 1872. Crim. Prac. Act, sec. 19. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. CHAPTEE m. SECURITY TO KEEP THE PEACE. Information of threatened offense. Examination of complainant and witnesses. Warrant of arrest. Proceedings on charges being controverted. Person complained of, when to be discharged. Security to keep the peace, when required. Effect of giving or refusing to give security. Person committed for not giving security. Undertaking to be filed in clerk's office. Security required for assault committed in court. Undertaking, when broken. Undertaking, when and how to be prosecuted. Evidence of breach. Security for the peace. § 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 threatened to commit an offense against the person or prop- erty of another. En. February 14, 1872. Cal. Eep. Cit. 123, 29; 123, 32. Crim. Prac. Act, see. 20. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Am'd. 1863, 158. § 702. Examination of complainant and witnesses. When the information is laid before such magistrate, he must ex- § ■01 § ■02. § ■03. § ■04. § 705 § '(16 § "07 ■OS § -09 § 710 § "11 § § i "12 "13 714 271 SECURITY TO KEEP THE PEACE. §§ 703-705 amine on oath the informer, and any witness he may pro- duce, and must take their depositions in writing, and cause them to be subscribed by the parties making them. En. February 14, 1872, Cal. Eep. Cit. 123, 29. Crim. Prac. Act, sec. 21. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 703. Warrant of arrest. If it appears from the depo- sitions 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 policeman in the state, reciting the substance of the in- formation, and commanding the officer forthwith to arrest the person informed of and bring him before the magis- trate. En. February 14, 1872. Cal. Eep. Cit. 123, 29. Crim. Prac. Act, sec. 22. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 704. Proceedings on charges being controverted. 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. En. February 14, 1872. Cal, Eep. Cit. 123, 29. Crim. Prac. Act, sec. 23. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 705. Person complained of, when to be discharged. If it appears that there is no just reason to fear the com- mission of the offense alleged to have been threatened, the person complained of must be discharged. En. February 14, 1872. Cal. Eep. Cit. 123, 29. §§ 706-70S SECURITY TO KEEP THE PEACE. 271' Crim. Prac. Act, sec. 24. En. April 20, 1850. Kep. 1851, 290. En. 1851, 212. § 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 hue required to enter into an undertaking in such sum, not exceeding five thousand dollars, as the magistrate may direct, with one or more sufficient sureties, to keep the peace toward the people of this state, and partieularlj' toward the informer. The undertaking is valid and binding for six months, and may, upon the renewal of the information, be extended for a longer period, or a new undertaking may be required. En. February 14, 1872. Cal. Eep. Cit. 123, 29. Crim. Prac. Act, sec. 25. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 707. Effect of giving or refusing to give security. If the undertaking required 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. En. February 14, 1872. Cal. Eep. Cit. 123, 29. Crim. Prac. Act, sec. 26. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 708. Person committed for not giving security. If the person complained of is committed for not giving the under- taking required, he may be discharged by any magistrate, upon giving the same. En. February 14, 1872. Cal. Eep. Cit. 123, 29. Crim. Prac. Act, sec. 27. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. 273 SECURITY TO KEEP THE PEACE. §§ 709-712 § 709. Undertaking to be filed in clerk's office. The undertaking must be filed by the magistrate, in the office of the clerk of the county. En. February 14, 1872. Cal. Eep. Cit. 123, 29. Crim. Prac. Act, see. 28. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 710. Security required for assault committed in court. A person who, in the presence of a court or magis- trate, assaults or threatens to assault another, or to com- mit an offense against his person or property, or who con- tends 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. En. Febru- ary 14, 1872. Cal. Eep. Cit. 123, 29. Crim. Prac. Act, sec. 29. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 8, 391. § 711. Undertaking, when broken. Upon the conviction of the person informed against of a breach of the peace, the undertaking is broken. En. February 14, 1872. Cal. Eep. Cit. 123, 29. Crim. Prac. Act, sec. 30. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 8, 391. § 712. Undertaking, when and how to be 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 dis- trict attorney must thereupon commence an action upon it in the name of the people of this state. En. February 14, 1872. Ara'd. 1880, 32. Cal. Eep. Cit. 123, 29. Pen. Code— 18 §§ 713-719 POLICE IN CITIES AND TOWNS. 274 Crim. Prac. Act, sec. 31. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1863, 158. Cal. Eep. Cit. 8, 391. § 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 evidence of the breach. En. February 14, 1872. Cal. Eep. Cit. 123, 29. Crim. Prac. Act, sec. 32. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 714. Security for the peace. Security to keep the peace, or be of good behavior, cannot be required except as prescribed in this chapter. En. February 14, 1872. Cal. Eep. Cit. 123, 29; 123, 32. Crim. Prac. Act, sec. 33. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. CHAPTER IV. POLICE IN CITIES AND TOWNS, AND THEIR ATTENDANCE Ai EXPOSED PLACES. § 719, Organization and regulation of the police. § 720. Force to preserve the peace at public meetings. § 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. En. Feb- ruary 14, 1872. Crim. Prac. Act, sec. 34. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Police insurance and pension bill: See post. Appendix, title Police. Compensation of police: See post, Appendix, title Police. Increase of police force: See post. Appendix, title Po- lice. Vacation for police: See post. Appendix, title Police. 275 SUPPRESSION OP RIOTS. §§ 720-723 § 720. Force to preserve the peace at public meetings. The mayor or other officer having the direction of the police of a city or town must order a force, sufficient to preserve the peace, to attend any public meeting, when he is satisfied that a breach of the peace is reasonably appre- hended. En. February 14, 1872. Crim. Prac. Act, sec. 35. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. See ante, sec. 701. Suppression of riots. See post, sees. 723 et seq. CHAPTEE V. SUPPRESSION OF RIOTS. § 723. Power of sheriff in overcoming resistance. § 724. Officer to certify to court tlie.name of registers, etc. § 725. Governor to order out military to aid in executing process. (Repealed.) § 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 declare a county in a state of insurrection. (Re- pealed.) § 733. May revoke the proclamation. (Repealed.) § 734. Right to parade with arms. § 723. Power of sheriff in overcoming resistance. When a sheriff or other public officer authorized to execute pro- cess finds, or has reason to apprehend that resistance will be made to the execution of the process, he may com- mand as many male inhabitants of his county as he may think proper to assist him in overcoming the resistance, and, if necessary, in seizing, arresting, and confining the persons resisting, their aiders and abettors. En. February 14, 1872. Crim. Prac. Act, sec. 36. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. 10 §§ 724-727 SUPPRESSION OF RIOTS. 2.B Peace officers: See post, sec. 877. See ante, sec. 697, subd. 2. Jurisdiction of police court: See Pol Code, sec. 4426. § 724. Officer to certify to court the name of registers, etc. The officer must certify to the court from which the process issued, the names of the persons resisting, and their aiders and abettors, to the end that they may be pro- ceeded against for their contempt of court. En. February 14, 1872. Crim. Prae. Act, sec. 37. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 725. Governor to order out military to aid in execut- ing process. En. February 14, 1872. Eepealed 1905, 411. Crim. Prac. Act, sec. 39. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 726. Magistrates and officers to command rioters to disperse. Where any number of persons, whether armed or not, are unlawfully or riotously assembled, the sheriff 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 as- sembled, or as near to them as possible, and command them, in the name of the people of the state, immediately to disperse. En. February 14, 1872. Crim. Prac. Act, sec. 40. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Suppressing riots: See ante, sec. 697, subd. 3. § 727. To arrest rioters if they do not disperse. If the persons assembled do not immediately disperse, such mag- istrates and officers must arrest them, and to that end may command the aid of all persons present or within the county. En. February 14, 1872. 277 SUPPRESSION OF RIOTS. §§ 728-73S Grim. Prac. Act, sec. 41. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Grim. Prae. Act, sec. 42. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. See ante, sec. 723. § 728. Officers who may order out the military. En. February 14, 1872. Am'd. 1880, 32. Eep. 19.05, 411. Grim. Prac. Act, sec. 46. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Governor may call out militia to execute laws, sup- press insurrection and repel invasion: Gonst. Gal., art. VIII, sec. 1. § 729. Commanding officer and troops to obey the order. En. February 14, 1872. Am'd. 1880, 32. Eep. 1905, 412. Grim. Prac. Act, sec. 47. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 730. Armed force to obey order of whom. En. Febru- ary 14, 1872. Am'd. 1880, 32. Eep. 1905, 412. § 731. Conduct of the troops. En. February 14, 1872. Am'd. 1895, 193. Eep. 1905, 412. § 732. Governor may declare a county in a state of in- surrection. En. February 14, 1872. Am'd. 1880, 32. Eep. 1905, 412. Grim. Prac. Act, sec. iS'. En. April 20, 1850. Eep. 1851, 290. En. 1851, '212. Governor is commander-in-chief: See Const. Gal., art. V, sec. 5. § 733. May revoke the proclamation. En. February 14, 1872. Eep. 1905, 412. Grim. Prac. Act, sec. 49. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 'Si SUPRRESSION OF RIOTS. 278 § 734. Right to parade with arms. It shall not be law- ful for any body of men whatever, other than the regu- lar organized National Guard of this state, and the troops of the United States, to associate themselves together as a military company or organization, 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 further, 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 public under the superintendence of their instructor; provided, that nothing herein contained shall be construed so as to prevent benevo- lent or social organizations from wearing swords. And any person or persons violating any of the provisions of this section shall be guilty of a misdemeanor and subject to arrest and punishment therefor. En. Stats. 1895, 193. IMPEACHMENTS. § 737 TITLE II. OF JUDICIAL PROCEEDINGS FOR THE REMOVAL OF PUBLIC OFFICERS BY IMPEACHMENT OR OTHER- WISE. Chapter L Of Impeachments, §§ 737-753. II. Of the Removal of Civil Officers Otherwise than by Impeachment, §§ 758-772. CHAPTER L OF IMPEACHMENTS. § 737. Officers liable to impeachment. § 73S. 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. § 745. Senate to be sworn. § 746. Two thirds necessary to a conviction. § 747. Judgment on conviction, how pronounced. § 748. The same. § 749. Nature of the judgment. § 7,50. Effect of judgment of suspension. § 7.")1. Impeachment disqualifies until acquittal. Vacancy, how tilled. § 7.52. Presiding officer when lieutenant-governor is impeached. § 753. Impeachment not a bar to indictment. § 737. Officers liable to impeachment. The governor, lieutenant-governor, secretary of state, controller, treasurer, attorney-general, surveyor-general, chief justice, associate justices of the supreme court, and judges of the superior courts, are liable to impeachment for any misdemeanor in otLce. En. February 14, 1872. Am'd. 1880, 3. Crim. Prac. Act, sec. 51. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Impeachment. — This section is taken from the first por- tion of section 18 of article IV of the state constitution. §§ 73S-740 IMPEACHMENTS. 280 See note to next section as to form of articles of impeacli- ment, and the rules generally adopted in such proceedings. § 738. Articles, how prepared. Trial by senate. All 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 bar of the senate, and prosecute the same. The trial must be had before the senate, sitting as a court of impeachment. En. February 14, 1872. Cal. Eep. Cit. 88, 124. Crim. Prac. Act, sec. 52. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Impeachment. This section is also taken from articles IV, section 17, of the state constitution. In this respect our constitution is similar to the federal constitution: Const. U. S., art. I, sec. 3. The method of procedure gen- erally adopted in preparing articles of impeachment in the assembly is shown by the course adopted in the impeach- ment of G. W. Whitman, controller, and Henry Bates, treasurer, at the eighth session of the California legisla- ture, 1856-7: See journals of assembly of that session, pp. 253, 289, 307, 318. See, as to form of articles of im- peachment. Id. 375; Senate Journal, pp. 297, 303; Pro- ceedings on Trial of William Hardy, by Sumner & Cutter, p. 14; Proceedings in the trial of Andrew Johnson, p. 1. § 739. Articles of impeachment. When an officer is im- peached by the assembly for a misdemeanor in office, the articles of impeachment must be delivered to the president t)f the senate. En. February 14, 1872. Crim. Prac. Act, sec. 53. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 740. Time of hearing. Service on defendant. The senate must assign a day for the hearing of the impeach- 28J IMPEACHMENTS. §§ 741-74S ment, and inform the assembly thereof. The president of the senate must cause a copy of the articles of impeach- ment, with a notice to appear and answer the same at the time and place appointed, to be served on the defendant not less than ten days before the day fixed for the hearing. En. February 14, 1872. Grim. Prac. Act, sec. 54. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 741. Service, how made. The service must be made upon the defendant personally, or if he cannot, upon dili- gent inquiry, be found within the state, the senate, upon proof of that fact, may order publication to be made, in such manner as it may deem proper, of a notice requiring him to appear at a specified time and place and answer the articles of impeachment. En. February 14, 1872. Grim. Prac. Act, sec. 55. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Sergeant-at-arms to execute process: See Pol. Code, sec. 259. § 742. Proceedings on failure to appear. If the defend- ant does not appear, the senate, upon proof of service or publication, as provided in the two last sections, may, of its own motion or for cause shown, assign another day for hearing the impeachment, or may proceed, in the ab- sence of the defendant, to trial and judgment. En. Feb- ruary 14, 1872. Grim. Prac. Act, sec. 56. En. April 20, 1850. Eep. 1851, 290. En. 1851,212. § 743. Defendant, after appearance, may answer or de- mur. When the defendant appears, he may in writing ob- ject to the sufficieny of the articles of impeachment, or he may answer the same by an oral plea of not guilty, which plea must be entered upon the journal, and puts in issue every material allegation of the articles of impeachment. En. February 14, 1872. 5§ 744-746 IMPEACHMENTS. 282 Grim. Prac. Act, sec. 57. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 744. If demurrer is overruled, defendant must answer. If the objection to the sufficiency of the articles of im- peachment is not sustained by a majority of the members of the senate who heard the argument, the defendant must De ordered forthwith to answer the articles of impeach- ment. If he then pleads guilty, or refuses to plead, the senate must render judgment of conviction against him. If he plead not guilty, the senate must, at such time as it may appoint, proceed to try the impeachment. En. Febru- ary 14, 1872. Grim. Prac. Act, see. 50. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Grim. Prac. Act, sec. 59. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 745. Senate to be sworn. At the time and place ap- pointed, and before the senate proceeds to act on the impeachment, the secretary must administer to the presi- dent of the senate, and the president of the senate to each of the members of the senate then present, an oath truly and impartially to hear, try, and determine the impeachment; and no member of the senate can act or vote upon the impeachment, or upon any question arising thereon, without having taken such oath. En. February 14, 1872. Grim. Prac. Act, sec. 60. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 746. Two thirds necessary to a conviction. The de- fendant cannot be convicted on impeachment Tvithout the concurrence of two thirds of the members elected, voting by ayes and noes, and if two thirds of the members elected do not concur in a conviction, he must be acquitted. En. February 14, 1872. Am'd. 1880, 3. 283 IMPEACHMENTS. §§ 747-751 Crim. Prac. Act, sec. 62. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 747. Judgment on conviction, how pronounced. After conviction the senate must, at such time as it may appoint, pronounce judgment, in the form of a resolution entered upon the journals of the senate. En. February 14, 1872. Crim. Prac. Act, sec. 63. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 748. The same. On the adoption of the resolution by a majority of the members present who voted on the ques- tion of acquittal or conviction, it becomes the judgment of the senate. En. February 14, 1872. Crim. Prac. Act,, sec. 64. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 749. Nature of the judgment. The judgment may be that the defendant be suspended, or that he be removed from office and disqualified to hold any office of honor, trust, or profit under the state. En. February 14, 1872. Am'd. 1880, 3. Crim. Prac. Act, sec. 65. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. See Const. Cal., art. IV, sec. 18. The original section had ' ' and removed from office ' ' after the word "suspended." § 750. Effect of judgment of suspension. If judgment of suspension is given, the defendant, during the continu- ance thereof, is disqualified from receiving the salary, fees, or emoluments of the office. En. February 14, 1872. Crim. Prac. Act, sec. 66. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 751. Impeachment disqualifies until acquittal. Va- cancy, how filled. Whenever articles of impeachment against any officer subject to impeachment are presented §§ 752, 753 IMPEACHMENTS. 284 to the senate, such officer is temporarily suspended from his office, and cannot act in his official capacity until he is acquitted. Upon such suspension of any officer other than the governor, his office must at once be temporarily filled by an appointment made by the governor, with the advice and consent of the senate, until the acquittal of the party impeached; or, in case of his removal, until the vacancy is filled at the next election, as required by law. En. February 14, 1872. Crim. Prac. Act, sec. 67. En. April 20, 1850. Eep. 1851, 390. En. 1851, 212. Am'd. 1857, 17. § 752. i'residing officer when lieutenant-governor is im- peached. If the lieutenant-governor is impeached, notice of the impeachment must be immediately given to the sen- ate by the assembly, that another president may be chosen. En. February 14, 1872. Crim. Prac. Act, sec. 68. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 753. Impeachment not a bar to indictment. If the offense for which the defendant is convicted on impeach- ment is also the subject of an indictment or information, the indictment or information is not barred thereby. En. February 14, 1872. Am'd. 1880, 3. Crim. Prac. Act, sec. 69. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. OTHERWISE THAN IMPEACHMENT. § 75S CHAPTER II. OF THE REMOVAL OF CIVIL OFFICERS OTHERWISE THAN BY IMPEACHMENT. § 758. Accusation to be presented by the grand jury. § 759. Fornn of accusation. § 760. To be transmitted to the district attorney, and copy sei'ved. § 761. Proceedings if defendant does not appear. § 762. Defendant may object to or deny the accusation. ' § 763. Form of objection. § 764. Manner of denial. § 765. If objections overruled, defendant must answer. § 766. Proceedings on plea of guilty, refusal to answer, etc. § 767. Trial by jury. § 768. State and defendant entitled to process for witnesses. § 769. Judgment upon conviction, and its form. § 770. Appeal, how taken. Defendant to be suspended and vacancy filled. § 771. Proceedings for the removal of a district attorney. § 772. Removal of public officers summary proceedings. § 758. Accusation to be presented by the grand jury. An accusation in writing against any district, county, town- ship, or municipal officer, for willful or corrupt misconduct in office, may be presented by the grand jury of the county for or in ^7hich the officer accused is elected or appointed. En. February 14, 1872. Cal. Rep. Cit. 75, 151; 85, 591; 97, 383; 107, 289; 114, 553; 119, 232; 145, 36; 145, 37; 145, 38; 147, 529; 147, 530; 147, 532; 147, 534. Crim. Prac. Act, sec. 70. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Removal of civil officers otherwise than by impeach- ment. — Under this section, which is taken from article IV, section 18, of the state constitution, all officers, other than those named in section 737 as liable to impeachment, are liable to be tried for misconduct in office, and if found guilty, removed therefrom. The constitutional provision just referred to reads: "All other civil officers shall be tried for misdemeanor in office in such manner as the legislature may provide." §§ 759-762 OTHERWISE THAN IMPEACHMENT. 286 § 759. Form of accusation. The accusation must state the offense charged, in ordinary and concise language, and ■without repetition. En. February 14, 1872. Crim. Prac. Act, sec. 71. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 760. To be transmitted to the district attorney, and copy served. The accusation must be delivered by the fore- man of the grand jury to the district attorney of the county, except when he is the officer accused, who must cause a copy thereof to be served upon the defendant, and require, by notice in writing of not less than ten days, that he appear before the superior court of the county, at a time mentioned in the notice, and answer the accusation. The original accusation must then be filed with the clerk of the court. En. February 14, 1872. Am'd. 1880, 32. Crim. Prac. Act, sec. 72. En. April- 20, 1850. Eep. 1851, 290. En. 1851, 212. 5 761. Proceedings if defendant does not appear. The defendant must appear at the time appointed in the notice and answer the accusation, unless for some sufficient cause the court assign another day for that purpose. If he does not appear, the court may proceed to hear and determine the accusation in his absence. En. February 14, 1872. Crim. Prac. Act, sec. 73. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 762. Defendant may object to or deny the accusation. The defendant may answer the accusation either by ob- jecting to the sufficiency thereof, or of any article therein, or by denying the truth of the same. En. February 14, 1872. Cal. Eep. Cit. 145, 36; 145, 38. Crim. Prac. Act, sec. 74. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. 287 OTHERWISE THAN IMPEACHMENT. §§ 763-767 § 763. Form of objection. If he objects to the legal sufficiency of the accusation, the objection must be in writ- ing, but need not be in any specific form, it being sufficient if it presents intelligibly the grounds of the objection. En. February 14, 1872. Cal. Eep. Cit. 145, 36. Grim. Prac. Act, sec. 75. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 764. Manner of denial. If he denies the truth of the accusation, the denial may be oral and without oath, and must be entered upon the minutes. En. February 14, 1872. Grim. Prac. Act, sec. 76. En. April -20, 1850. Rep. ICjI, 290. En. 1851, 212. § 765. If objections overruled, defendant must answer. If an objection to the sufficiency of the accusation is not sustained, the defendant must answer thereto forthwith. En. February 14, 1872. Grim. Prac. Act, sec. 77. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 766. Proceedings on plea of guilty, refusal to answer, etc. If the defendant pleads guilty, or refuses to answer the accusation, the court must render judgment of convic- tion against him. If he denies the matter charged, the court must immediately, or at such time as it may appoint, proceed to try the accusation. En. February 14, 1872. Grim. Prac. Act, see. 78. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 767. Trial by jury. The trial must be by a jury, and conducted in all respects in the same manner as the trial of an indictment for a misdemeanor. En. February 14, 1872. Grim. Prac. Act, sec. 79. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Gal. Rep. Git. 41, 652. §§ 76S-770 OTHERWISE THAN IMPEACHMENT. 2SS § 768. State and defendant entitled to process for wit- nesses. The district attorney and the defendant are re- spectively entitled to such process as may be necessary to enforce the attendance of witnesses, as upon a trial of an indictment. En. February 14, 1872. Crim. Prac. Act, sec. 80. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 769. Judgment upon conviction, and its form. Upon a conviction, the court must, at such time as it may ap- point, pronounces judgment that the defendant be removed from office; but, to warrant a removal, the judgment must be entered upon the piinutes, and the causes of removal must be assigned therein. En. February 14, 1872. Crim. Prac. Act, see. 81. En. April 2p, 1850. Eep. 1851, 290. En. 1851, 212. Am'd. 1863, 158. § 770. Appeal, how taken. Defendant to be suspended and vacancy filled. From a judgment or decree of removal from office under any provision of this chapter, an appeal may be taken to the supreme court in the same manner as from a judgment in a civil action but until such judgment is reversed, the defendant is suspended from office after thirty days from the entry of the judgment, unless within such thirty days there shall be filed in the office of the clerk of the court in which the conviction was had, a certificate of a judge of the superior court that in his opinion there is probable cause for the appeal. If a bill of exceptions is not settled in time to be used upon an application for such a certificate or within twenty days after such judgment is entered, the error relied upon may be presented to such judge in any manner satisfactory to such judge. If no such certificate be filed within thirty days the office must pending the appeal be filled as in case of a vacancy. Ap- peals taken under this section shall be entitled in the ap- pellate court to priority in hearing over all eases except such as have been advanced upon its calendar by special 289 OTHERWISE THAN IMPEACHMENT. §§ 771, 772 order of such appellate court. En. February 14, 1872. Am'd. 1905, 251. Cal. Eep. Cit. 83, 47; 83, 48; 96, 157; 107, 289. Crim. Prac. Act, sec. 82. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 771. Proceedings for the removal of a district atttor- ney. The same proceedings may be had on like ground for the removal of a district attorney, except that the accusation must be delivered by the foreman of the grand jury to the clerk, and by him to a judge of the superior court of the county, who must thereupon appoint some one to act as prosecuting officer in the matter, or place the accu- sation in the hands of the district attorney of an adjoining county, and require him to conduct the proceedings. En, February 14, 1872. Am'd. 1880, 32. Crim. Prac. Act, sec. 83. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 772. Removal of public officers by summary proceed- ings. When an accusation in writing, verified by the oath of any person, is presented to a superior court, alleging that any officer within the jurisdiction of the court has been guilty of charging and collecting illegal fees for services rendered, or to be rendered, in his office, or has refused or neglected to perform the official duties per- taining to his office, the court must cite the party charged to appear before the court at a time not more than ten nor less than five days from the time the accusation was presented, and on that day, or some other subsequent day not more than twenty days from that on which the accusa- tion was presented, must proceed to hear, in a summary manner, the accusation, and evidence offered in support of the same, and the answer and evidence offered by the party accused; and if, on such hearing, it appears that the charge is sustained, the court must enter a decree that the party accused be deprived of his office, and must enter a judg- Pen. Code— 19 LOCAL JURISDICTION. 290 ment for five hundred dollars in favor of the informer, and such costs as are allowed in civil cases. En. February 14, 1872. Am'd. 1880, 33. Cal. Eep. Cit. 50, 646; 52, 623; 56, 360; 57, 354; 68, 325 75, 151; 83, 47; 83, 48; 85, 643; 85, 644; 85, 645 85, 647; 97, 383; 98, 588; 98, 589; 98, 590; 107, 287 107, 288; 107, 289; 108, 662; 110, 656; 111, 239; 111 240; 111, 242; 114, 476; 114, 552; 119, 232; 122, 293 130, 184; 130, 186; 145, 37; 145, 45; 145, 473; 147, 27; 147, 528; 147, 529; 147, 532. TITLE III. OF THE PEOCEEDINGS IN CEIMINAL ACTIONS PEOSECUTED BY INDICTMENT, TO THE COMMIT- MENT, INCLUSIVE. Chapter I. Of the Local Jurisdiction of Public Offenses, §§ 777-795. II. Of the Time of Commencing Criminal Actions, §§ 799-803. IIL The Information, §§ 806-809. IV. The Warrant of Arrest, §§ 811-829. V. Arrest, by Whom and How Made, §§ 834-851. VI. Eetaking After an Escape or Eescue, §§ 854, 855. VII. Examination of the Case and Discharge of De- fendant, or Holding Him to Answer, §§ 858-883. CHAPTEE L OF THE LOCAL JURISDICTION OF PUBLIC OFFENSES. S 777. Jui-isdictlon of offenses committed in tliis state. 8 77S. Offenses commenced without, but consummated within this state. § 77Sa. Performance of act in this state culminating in a crime in an- other state. § 778b. Non-resident aiding in a crime in this state. § 779. When an inhabitant of this state is concerned in a duel out ot the same, and a party wounded dies therein. 291 LOCAL, JURISDICTION. §§ m-VS § 780. Leaving the state to evade the statute against dueling. § 781. Offense committed partly in one county and partly in another. § 782. Committed on the boundary, etc., of two or more counties. § 783. Jurisdiction of an offense on board a vessel or car. § 784. Jurisdiction for kidnaping or abduction. § 78.5. Jurisdiction of an in'dictment for bigamy or incest. § 786. Property feloniously taken in one county and brought into an- other. § 787. Jurisdiction for escaping from prison. § 788. Jurisdiction for treason committed out of the state. § 789. Jurisdiction for stealing, etc., property, out of state, and brought therein. § 790. Jurisdiction for murder, etc., where the injury was inflicted in one county, and the party dies out of that county. § 791. Of an indictment against an accessory. § 792. Of principals who are not present, etc., at commission of the principal offense. § 793. Conviction or acquittal in another state a bar, where the juris- diction is concurrent. • § 794. Conviction or acquittal In another county a bar, where the juris- diction is concurrent. § 795. Jurisdiction of prize-fight. § 777. Jurisdiction of offenses committed in this state. Every person is liable to punishment by the laws of this state, for a public offense committed by him therein, ex- cept where it is by law cognizable exclusively in the courts of the United States; and except as herein otherwise pro- vided, the jurisdiction of every public offense is in the county wherein it is committed. En. February 14, 1872. Am'd. 1905, 692. The amendment declares that the jurisdiction of any public offense not otherwise specially provided for is within the county where it was committed. Although this has always been understood to be the law, the Code seems to contain no express declaration upon the subject. The change consists in the addition, after the words "United .States," of the words "and, except as herein otherwise provided, the jurisdiction of any public offense is in the county wherein It is com- mitted."— Code Commissioner's Note. Grim. Prae. Act, sec. 84. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Jurisdiction of police court: See Pol. Code, sec. 4426. § 778. Offenses commenced without, but consummated within this state. When the commission of a public of- fense, commenced without the state, is consummated with- in its boundaries, the defendant is liable to punishment §§ 77Sa-779 LOCAL, JURISDICTION. 29! therefor in this state, though he was out of the state at the time of the commission of the offense charged. If he consummated it in this state, through the intervention of an innocent or guilty agent, or any other means proceed- ing directly from himself, in such case the jurisdiction is in the county in which the offense is consummated. En. February 14, 1872. Grim. Prac. Act, see. 85. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 778a. Performance of an act in this state culminating in a crime in another state. Whenever a person, with in- tent tq commit a crime, does any act within this state in execution or part execution of such intent, which culminates in the commission of a crime, either within or without this state, such person is punishable for such crime in this state in the same manner as if the same had been committed en- tirely within this state. En. Stats. 1905, 692. The section Is designed to provide for the punishment of persons who in this state do an act culminating In the commission of a crime In another state. — Code Commissioner's Note. § 7781). Non-resident aiding in a crime in this state. Every person who, being out of this state, causes, aids, ad- vises, or encourages any person to commit a crime within this state, and is afterwards found within this state, is pun- ishable in the same manner as if he had been within this state when he caused, aided, advised, or encouraged the com- mission of such crime. En. Stats. 1905, 692. The object of this section is to provide for the punishment of persons who, being out of the state, encourage the commission of crimes within this state, and are afterwards found within the state.— Code Commissioner's Note. § 779. When an inhabitant of this state is concerned in a duel out of t^e same, and a party wounded dies there- in. When an inhabitant or resident of this state, by pre- vious appointment or engagement, fights a duel or is con- cerned as second therein, out of the jurisdiction of this state, and in the duel a wound is inflicted upon a person, 293 IXJCALi JURISDICTION. §§ 7S1-783 whereof he dies in this state, the jurisdiction of the of- fense is in the county where the death happens. En. Feb- ruary 14, 1872. Grim. Prac. Act, sec. 86. En. April 20, 1850. Eep. 18.51, 290. En. 1851, 212. § 780. • Leaving the state to evade the statute against dueling. When an inhabitant of this state leaves the same for the purpose of evading the operation of the |)rovisions of the code relating to dueling and challenges to fight, with the intent or for the purpose of doing any of the acts prohibited therein, the jurisdiction is in the county of which the offender was an inhabitant when the offense was committed. En, February 14, 1872. § 781. Offense committed partly in one county and partly in another. When a public offense is committed in part in one county and in part in another, or th3 acts or effects thereof constituting or requisite to the consummation of the offense occur in two or more counties, the jurisdiction is in either county. En. February 14, 1872. Cal. Eep. Cit. 51, 379. Grim. Prac. Act, see. 87. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Gal. Eep. Cit. 22, 183. § 78-:. Committed on the boundary, etc., of two or more counties. When a public offense is committed on the bound- ary of two or more counties, or within five hundred yards thereof, the jurisdiction is in either county. En. February 14, 1872. Gal. Eep. Git. 55, 233; 59, 459. Grim. Prac. Act, sec. 88. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 783. Jurisdiction of an offense on board a vessel or car. When an offense is committed in this state, on board a vessel navigating a river, bay, slough, lake, or canal, § 784 LOCAL, JURISDICTION. 2M or lying 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 railroad train or car prose- cuting 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. En. February 14, 1872.* Am'd. 1875-6, 116. Cal. Eep. Cit. 103, 510; 133, 624; 138, 146. Crim. Prae. Act, sec. 89. En, April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 7, 398. § 784. Jurisdiction for kidnaping or abduction. The jurisdiction of a criminal action: 1. For forcibly and without lawful authority seizing and confining another, or inveigling or kidnaping him, with in- tent, 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, with intent to detain and conceal it from its parent, guardian, or 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 eigh- teen 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 charg^ of her person, without their consent, either for the purpose of concubinage or prostitution; Is in the county in which the offense is committed, or out of which 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, 293 LOCAL JURISDICTION. §§ 785, 786 promoting, or ?iding in the commission of the offense, or in abetting the parties concerned therein. En. February 14, 1872. Am'd. 1880, 11; 1905, 692. The change consists in the substitution of the word "eighteen" tor "twenty-five," after "of"; in the substitution of the word "eighteen" for "sixteen," after "of"; and In the insertion of the word "brought" in place of "taken." — Code Commissioner's Note. Oal. Eep. Cit. 141, 546; 141, 547, Crim. Prac. Act, sec. 90. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Enticing away children: See ante, see. 278. Enticing away unmarried female: See ante, sees. 266, 267. § 785. Jurisdiction of an indictment for bigamy or in- cest. When ' the offense, either of: bigamy or incest, is committed iri one county and the defendant is apprehended in another, the jurisdiction is in either county. En. Feb- ruary 14, 1872. Crim. Prac. Act, sec. 91. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 786. Property feloniously taken in one county and brought into another. When property taken in one county by burglary, robbery, larceny, or embezzlement, has been brought into another, the jurisdiction of the offense is in either county. But if 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. En. February 14, 1872. Cal. Eep. Cit. 74, 95; 91, 27; 106, 640; 134, 386. Crim. Prac. Act, sec. 92. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 29, 422; 40, 653. Bringing stolen property into the state: See ante, sec. 27, subd. 2; ante, sec. 497; post, sec. 789. §§ 787-790 LOCAL JURISDICTION. 296 § 787. Jurisdiction for escaping from prison. The juris- diction of a criminal action for escaping from prison is in any county of the state. En. February 14, 1872. Am'd. 1880, 11. The words ' ' criminal action ' ' are here substituted for the word "indictment" in the original. § 788. Jurisdiction for treason committed out of the state. The jurisdiction of a criminal action for treason, when the overt act is committed out of the state, ia in any county of the state. En. February 14, 1872. Am'd. 1880, 11. Similar amendment as in last section. ^ § 789. Stealing property in another state and bringing it into this state. The jurisdiction of a criminal action for stealing or embezzling, in any other state, the property of another, or receiving it knowing it to have been stolen or 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. En. February 14, 1872. Am'd. 1880, 11; 1905, 693. The change consists in the insertion of the words "or embezzling," aft?r ".stealirg," and of the words "or embezzled," after tbe word "stolen." — Code Commissioner's Note. t Cal. Eep. Cit. 91, 27; 91, 28; 122, 74. See ante, sec. 497. Similar amendment as in section 787. Crime committed by person out of state: Ante, sees. 27, subd. 2; sec. 497. Taking stolen property from one county to another: Ante, sec. 786. § 790. Jurisdiction for murder, etc., where the injury was inflicted in one county, and the 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. En. February 14, 1872. Am'd. 1880, 11. Similar amendment as in section 787, 297 LOCAL JURISDICTION. §§ 791-795 § 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, notwithstanding the principal of- fense was committed in another cpunty. En. February 14, 1872. Grim. Prac. Act, sec. 93. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 27, 341. Accessories: See ante, sees. 30, 31, 32. § 792. Of principals who are not present, etc., at com- mission of the principal offense. The jurisdiction of a crim- inal action against a principal in the commission of a public offense, when such principal is not present at the commission of the principal offense, is in the same county it would be under this code if he were so present and aid- ing and abetting therein. En. February 14, 1872. Am'd. 1880, 11. Similar amendment as in section 787. § 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 indictment therefor in this state. En. February 14, 1872. Grim. Prac. Act, sec. 94. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 794. Conviction or acquittal in another county a bar where the jurisdiction is concurrent. When an offense is within the jurisdiction of two or more counties, a convic- tion or acquittal thereof in one county is a bar to a prose- cution or indictment therefor in another. En. February 14 1872. ' Grim. Prac. Act, sec. 95. En, April 20, 1850. Eep. 1851 290. En. 1851, 212. § 795. Jurisdiction of prize-fight. The jurisdiction of a violation of sections four hundred and twelve, four hun- §§ 799, 800 TIME OF COMMENCING CRIMINAL ACTIONS. 295 dred and thirteen, and four hundred and fourteen of the Penal Code, or a conspiracy to violate either of said sec- tions, is in any county: First. In which any act is done toward 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. En. Stats. 1873- 4, 466. CHAPTER II. OF THE TIME OF COMMENCING CRiklNAL ACTIONS. § 799. Prosecution for murder may be commenced at any time. § 800. Limitation of three years in all other felonies. § SOI. Limitation of one year in misdemeanors. § S02. Exception when the defendant is out of the state. 5 SOS. Indictment found, when presented and filed. § 799. Prosecution for murder may be commenced at any time. There is no limitation of time within which a prosecution for murder, the embezzlement of public moneys, and the falsification of public records must be commenced. Prosecution for murder may be commenced at any time after the death of the person killed, and for the embezzle- ment of public money or the falsification of public records, at any time after the discovery of the crime. En. Febru- ary 14, 1872. Am'd. 1891, 192. Crim. Prac. Act, sec. 96. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 44, 97. § 800. Limitation of three years in all other felonies. An indictment for any other felony than murder, the em- bezzlement of public money, or the falsification of public records, must be found, or an information filed, within three years after its commission. En. February 14, 1872. Am'd. 1880, 12; 1891, 193. Cal. Rep. Cit. 85, 88. Crim. Prac. Act, sec. 97. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Bep. Cit. 44, 97; 44, 99. 299 THE) INFORMATION. §§ 801-806 § 801. Limitation of one year in misdemeanors. An in- dictment for any misdemeanor must be found or an in- formation filed within one year after its commission. En. February 14, 1872. Am'd. 1880, 12. Cal. Eep. Cit. 62, 142; 77, 359; 84, 80; 85, 87; 85, 88; 124, 361; 137, 268; 137, 269; 138, 535. Grim. Prae. Act, se3. 98. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 802. Exception when the defendant is out of the state. If, when the offense is committed, the defendant is out of the state, the indictment may be found or an informa- tion filed within the term herein limited after his coming within the state, and no time during which the defendant is not an inhabitant of, or usually resident within this state,' is part of the limitation. En. February 14, 1872. Am'd. 1880, 12. Cal. Rep. Cit. 77, 359; 84, 80; 85, 80. Crim. Prac. Act, sec. 99. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212, § 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. En. February 14, 1872. Crim. Prac. Act, sec. 100. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. CHAPTER III. THE INFORMATION. § S06. Complaint defined. § SOT. Magistrate defined. § SOS. Who are magistrates. § 809. Filing information. § 806. Complaint defined. The complaint is the allega- tion in writing made to a court or magistrate that a per- son has been guilty of some designated offense. En. Feb- ruary 14, 1872. Am'd. 1880, 12. Cal. Rep. Cit. 65, 615. Crim. Prac. Act, sec. 101. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. See ante, sec. 701. §§ 807-809 THE INFORMATION. 300 § 807. Magistrate defined. A magistrate is an officer having power to issue a warrant for the arrest of a per- son charged with a public offense. En. February 14, 1872. Cal. Rep. Cit. 68, 503; 111, 661; 115, 54. Crim. Prac. Act, sec. 102. En. April 20, 18.50. Kep. 1851, 290, En. 1851, 212. § 808. Who are magistrates. The following persons are magistrates: 1. The justices of the supreme court. 2. The judges of the superior courts. 3. .Justices of the peace. 4. Police magistrates in towns or cities. En. February 14, 1872. Am'd. 1880, 7. Cal. Eep. Cit. 51, 376; &8, 503; 115, 54; 118, 78; 145, 743. Crim. Prac. Act, sec. 103. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 809. Filing information. When a defendant has been examined and committed, as provided in section eight hun- dred and seventy-two of this code, it shall be the duty of the district attorney, within thirty days thereafter to file in the superior court of the county in which the offense is triable an information charging the defendant with such offense. The information shall be in the name of the people of the state of California, and subscribed by the district attorney, and shall be in form like an indictment for the same offense. En. Stats. 1880, 12. Cal. Rep. Cit. 56, 234; 57, 561; 65, 108; 66, 395; -66, 664; 67, 232; 67, 234; 68, 503; 68, 579; 85, 88; 91, 648; 108, 663; 109, 450; 113, 284; 117, 656; 142, 13; 142, 598; 143, 221. 810 (new). If the information or other pleading in any criminal action now pending, or which may be hereafter commenced, has heretofore 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 plead- ing 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 pleading. (In effect March 22, 1907.) 301 WARRANT OF ARREST. §§ SU, 512 CHAPTEE IV. THE WARRANT OF ARREST. § Sll. Examination of the prosecutor and his witnesses upon the In- formation. § 812. Depositions, what to contain. § S13. When warrant may issue. § 814. Form of warrant. § 815. Name or description of the defendant In the warrant, and state- ment of the offense. § 816. Warrant to be directed to and executed by peace officer. § 817. Who are 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 warrant, for service in another county. • § 821. Defendant to be taken before the magistrate issuing the war- rant, etc. § 822. Defendant arreste'd for misdemeanor in another county, to b? admitted to ball. § 823. Proceedings on taking ball from the defendant in such cases. § 824. When bail is not given. When magistrate who issued warrant cannot act. § 825. No delay in taking defendant before magistrate. § 826. Proceedings where -defendant is taken before another magistrate. § 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 witnesses he may produce, and take their depositions in writing, and cause them to be sub- scribed by the parties making them. En. February 14, 1872. Cal. Eep. Cit. 54, 103; 74, 166; 91, 25; 96, 317; 121, 531; 131, 578; 133, 333; 143, 218; 144, 61. Crim. Prac. Act, sec. 105. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Magistrates, who are: See post, sec. 808. As to ex- amination on commission: See post, sees. 1349 et seq. § 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. En. February 14, 1872. §§ S13-S15 WARRANT OF ARREST. 302 Cal. Eep. Cit. 74, 166; 91, 25; 133, 333; 143, 218. Crim. Prac. Act, sec. 105. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 813. When warrant may issue. If the magistrate is satisfied therefrom that the offense complained of has been committed, and that there is reasonable ground to believe that the defendant has committed it, he must issue a war- rant of arrest. En. February 14, 1872. Cal. Eep. Cit. 74, 166; 91, 25; 143, 218. Crim. Prac. Act, see. 106. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 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 sub- stantially 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 there- fore 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 accessible magistrate in this county. Dated at , this day of , eighteen . En. February 14, 1872, Cal. Eep. Cit. 59, 355. Crim. Prac. Act, sec. 107. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 19, 134. Before whom to be taken: See post, sec. 824. § 815. Name or description of the defendant in the war- rant, and statement of the offense. The warrant must spec- ify 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 where it is issued, and be signed 303 WARRANT OF ARREST. §§ 816-819 by the magistrate, with his name of office. En. February 14, 1872. Cal. Eep. Cit. 59, 355. Grim. Prae. Act, sec. 108. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 816. Warrant to be directed to and executed by peace officer. The warrant must be directed to and executed by a peace oflScer. En. February 14, 1872. Grim. Prac. Act, sec. 109. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 817. Who are peace officers. A peace officer is a sher- iff of a county, or a constable, marshal, or policeman of a township, city, or town. En. February 14, 1872. Cal. Rep. Cit. 120, 268. Grim. Prac. Act, sec. 110. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. ♦ § 818. To what peace officers warrants are to be directed. If a warrant is issued by a justice of the supreme court, or judge of a superior court, it may be directed gener- ally to any sheriiJ, constable, marshal, or policeman in the state, and may be executed by any of those officers to whom it may be delivered. En. February 14, 1872. Am'd. 1880, 33. Cal. Rep. Cit. 54, 103; 82, 190. Grim. Prac. Act, sec. 111. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 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 county 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 writ- ten direction of a magistrate of that county, indorsed upon the warrant, 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). En. February 14, 1872. Cal. Kep. Cit. 54, 103; 82, 190. §§ S20-822 WARRANT OF ARREST. 304 Crim. Prac. Act, sec. 112. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 820. Indorsement on warrant, for service in another county. The indorsement mentioned in the last section cannot, however, be made unless the warrant of arrest be accompanied with a certificate of the clerk of the county where such warrant was issued, under the seal of the superior court thereof, as to the official character of the magistrate, or, unless upon the oath of a credible witness, in writing, indorsed on or annexed to the war- rant, 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. En. February 14, 1872. Am'd. 1880, 33. Crim. Prac. Act, sec. 113. En. April 20, 1850. Rep. 1851, 290. En. 1851,' 212. § 821. Defendant to be taken before the magistrate issuing the warrant, etc. If the offense charged is a felony, the officer making the arrest must take the defendant be- fore the magistrate who issued the warrant, or some other magistrate of the same county, as provided in section eight hundred and twenty-four. En. February 14, 1872. Cal. Rep. Cit. 54, 103; 65, 217; 67, 232. Crim. Prac. Act, see. 116. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Bail. — Defendant must be taken before magistrate who. issued warrant: Post, sec. 824. § 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 de- fendant, take him before a magistrate in that, county, who must admit the defendant to bail, and take bail from him accordingly. En. February 14, 1872. Cal. Rep. Cit. 54, 103; 67, 232. Crim. Prac. Act, sec. 115. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. 825. The defendant must In all cases be^ taken before the magistrate without unnecessary delay, and after such arrest, any attorney at law entitled to practice in the courts of record of California, may at the request of the prisoner or any relative of such prisoner, visit the person so ar- rested. Any officer having charge of the prisoner so ar- rested who wilfully refuses or neglects to allow such at- torney to visit a prisoner is guilty of a misdemeanor. Any officer having a prisoner in charge, who refuses to allow an attorney to visit the prisoner wlien proper application is made therefor shall forfeit and pay to the party aggrieved the sum of five hundred dollars, to be recovered by action in any court of competent jurisdiction. (In effect March 22, 1907.). 305 WARRANT OF ARREST. §§ 823-826 § 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 undertaking of bail to the officer having charge of the defendant. The officer must then discharge the defendant from arrest, and must, without delay, deliver the warrant and undertaking to the clerk of the court at which the de- defendant is required to appear. En. February 14, 1872, Grim. Prac. Act, sec. 116. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 824. When bail is not given. When magistrate who issued warrant cannot act. If, on the admission of the defendant to bail, the bail is not forthwith given, the offi- cer must take the defendant before the magistrate who issued the warrant, or, in case of his absence or inability to act, before the nearest or most accessible magistrate in the same county, and must at the same time deliver to the magistrate the warrant, with his return thereou in- dorsed and subscribed by him. En. February 14, 1872. Gal. Eep. Git. 54, 103; 65, 217. Grim. Prac. Act, sec. 117. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Grim. Prac. Act, sec. 118. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 825. No delay in taking defendant before magistrate. The defendant must in all cases be taken before the magis- trate without unnecessary delay, and any attorney-at-law entitled to practice in courts of record of California, may, at the request of the prisoner after such arrest, visit the person so arrested. En. February, 14, 1872. Am'd. 1880, 30. Grim. Prac. Act, sec. 119. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 826. Proceedings where defendant is taken before an- other magistrate. If the defendant is brought before a magistrate other than the one who issued the warrant, the depositions on which the warrant was granted must be sent to that magistrate, or, if they cannot be procured, the prosecutor and his witnesses must be summoned to give their testimony anew. En. February 14, 1872. Gal. Eep. Git. 65, 217. Pen. Code— 20 §§ 827-829 WARRANT OF ARREST. 306 Crim. Prac. Act, sec. 120. En. April 20, 1850. Kep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 19, 135. § 827. Proceedings for offenses triable in another county. When an information is laid before a magistrate of tie commission of a public offense triable in another county of the state, but showing that the defendant is in the county where the information is laid, the same proceedings must be had as prescribed in this chapter, except that the warrant must require the defendant to be taken before the nearest and most accessible magistrate of the county in which the offense is triable, and the depositions of the informant or prosecutor, and of the witnesses who may have been produced, must be delivered by the magistrate to the officer to whom the warrant is delivered. En. Feb- ruary 14, 1872. Crim. Prac. Act, sec. 121. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 828. Duty of officer. The officer who executes the war- rant must take the defendant before the nearest or most accessible magistrate of the county in which the offense is triable, and must deliver to him the depositions and the warrant, w^ith his return indorsed thereon, and the magis- trate must then proceed in the same manner as upon a war- rant issued by himself. En. February 14, 1872. Crim. Prac. Act, sec. 122. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 829. Admission to bail. If the offense charged in the warrant issued pursuant to section eight hundred and twenty- seven is a misdemeanor, the officer must, upon being re- quired by the defendant, take him before a magistrate of the county in which the warrant was issued, who must admit the defendant to bail, and immediately transmit the warrant, depositions, and undertaking, to the clerk of the court in which the defendant is required to appear. En. February 14, 1872. Crim. Prac. Act, see. 123. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. 307 ARREST, BY WHOM AND HOW MADE. §§ 834-83c CHAPTEE V. ARREST, BY WHOM AND HOW MADE. § 834'. Arrest defined. By whom made. § 835. How an arrest is made and what restraint allowed. § 836. Arrests by peace officers. § S37. Arrests by private persons. § S3S. Magistrates may order arrest. § 839. Persons making arrest may summon assistance. § 840. Arrest, when made; without warrant. § S41. Arrest, how made § 842. Warrant must be shown, when. § 843. What force may be used. § 844. Doors and windows may be broken, when. § 845. Same. § 846. Weapons may be taken from persons arrested. § 847. Duty of a private person who has made an arrest. § 848. Duty of officer arresting with warrant, § 849. Person arrested without a warrant to be taken before a magis- trate. Information to be filed. § 850. Arrest by telegraph. § 851. Same. § 834;. Arrest defined. By whom made. An arrest is taking a person into custody, in a case and in tlie manner authorized by law. An arrest may be made by a peace officer or by a private person. En. February 14, 1872. § 835. How an arrest is made and what restraint al- lowed. An arrest is made by an actual restraint of the per- son of the defendant, or bj^ his submission to the custody of an officer. The defendant must not be subjected to any more restraint than is necessary for his arrest and deten- tion. En. February 14, 1872. § 836. Arrests by peace officers. A peace officer may make an arrest in obedience to a warrant delivered to him, or may, without a warrant, arrest a person — 1. For a public offense committed or attempted in his presence. 2. When a person arrested has committed a felony, al- though not in his presence. 3. "When a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it. 11 §§ S37-S40 ARREST, BY WHOM AND HOW MADE. 308 4. On a charge made, upon a reasonable cause, of the commission of a felony by the party arrested. 5. At night, when there is reasonable cause to believe that he has committed a felony. En. February 14, 1872. Cal. Eep. Cit. 104, 89; 120, 268. Eef using to arrest: Ante, sec. 142. Warrant, by whom executed: Ante, sec. 816. Arrest under warrant, duty of officer: Post, see. 848. Arrest without warrant, duty of officer: Post, sec. 849. Peace officers: Ante, sec. 817. § 837. Arrests by private persons. A private person may arrest another — 1. For a public offense committed or attempted in his presence. 2. When the person arrested has committed a felony, al- though not in his presence. 3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it. En. February 14, 1872. Cal. Eep. Cit. 63, 424; 108, 57; 127, 322. § 838. Magistrates may order arrest. A magistrate may orally order a peace officer or private person to arrest any one committing or attempting to commit a public offense in the presence of such magistrate. En. February 14, 1872. Magistrates, who are: Ante, sec. 808. § 839. Persons making arrest may summon assistance. Any person making an arrest may orally summon as many persons as he deems necessary to aid him therein. En. February 14, 1872. § 840. Arrests, when may be made; without warrant, when. If the offense charged is a felony, the arrest may be made on any day, and at any time of the daj or night. If it is a misdemeanor, the arrest cannot be made at night, un- less upon the direction of the magistrate, indorsed upon the warrant, except when the offense is committed in the pres- ence of the arresting officer. En. February 14, 1872. Am'd. 1905, 693. 309 ARREST, BY WHOM AND HOW MADE. §§ 841-846 The purpose of the amendment is to authorize an officer to arrest without a warrant at night-time for a misdemeanor committed in his presence. The change consists in the addition of the words "except when the offense is committed in the presence of the arresting otti- cer."— Code Comniis.sioner's Note. § 841. Arrest, how made. The person making the arrest must inform the person to be arrested of the intention to arrest him, of the cause of the arrest, and the authority to make it, except when the person to be arrested is actually engaged in the commission of or an attempt to comni.it an offense, or is pursued immediately after its commission, or after an escape. En. February 14, 1872. § 842. Warrant must be shown, when. If the person making the arrest is acting under the authority of a war- rant, he must show the warrant, if required. En. Eebru,- ary 14, 1872. § 843. What force may be used. When the arrest is being made, by an officer under the authority of a warrant, after information of the intention to make the arrest, if the person to be arrested either flees or forcibly resists, the officer may use all necessary means to effect the arrest. En. February 14, 1872. § 844. Doors and windows may be broken, when. To make an arrest, a private person, if the offense be a felony, and in all cases a peace officer, may break open the door or window of the house in which the person to be arrested is, or in which they have reasonable grounds for believing him to be, after having demanded admit- tance and explained the purpose for which admittance is desired. En. February 14, 1872. Am'd. 1873-4, 435. § 845. Same. Any person who has lawfully entered a house for the purpose of making an arrest, may break open the door or window thereof if detained therein, when neces- sary for the purpose of liberating himself, and an officer may do the same, when necessary fdr the purpose of liberat- ing a person who, acting in his aid, lawfully entered for the purpose of making an arrest, and is detained therein. En. February 14, 1872. § 846. Weapons may be taken from persons arrested. Any person making an arrest may take from the person arrested all offensive weapons which he may have about §§ S47-S51 ARREST, BY WHOM AND HOW MADE. 313 his person, and must deliver them to the magistrate before whom he is taken. En. February 14, 1872. § 847. Duty of a private person who has made an arrest. A private person who has arrested another for the com- mission of a public offense must, without unnecessary de- lay, take the person arrested before a magistrate, or deliver him to a peace officer. En. February 14, 1872. § 848. Duty of ofllcer arresting with warrant. An officer making an arrest, in obedience to a warrant, must proceed with the person arrested as commanded by the warrant, or as provided by law. En. February 14, 1872. Warrant of arrest, form of: Ante, sec. 814. § 849, Person arrested without a warrant to be taken before a magistrate. Information to be filed. When an arrest is made without a warrant by a peace officer or private person, the person arrested must, without unneces- sary delay, be taken before the nearest or most accessible magistrate in the county in which the arrest is made, and an information, stating the charge against the person, must be laid before such magistrate. En. February 14, 1872. § 850. Arrest by telegraph. A justice of the supreme court, or a judge of a superior court, may, by an indorse- ment under his hand upon a warrant of arrest, authorize the service thereof by telegraph, and thereafter a tele- graphic copy of such warrant may be sent by telegraph to one or more peace officers, and such copy is as effectual in the hands of any officer, and he must proceed in the same manner under it as though he held an original war- rant issued by the magistrate making the indorsement. En. February 14, 1872. Am'd. 1880, 33. § 851. Same. Every officer causing telegraphic copies of warrants to be sent, must certify as correct, and file in 311 RETAKING AFTER ESCAPE OR RESCUE. §§ 854, 855 the telegraph office from which such copies are sent, a copy of the warrant and indorsement thereon, and must return the original with a statement of his action thereunder. En. February 14, 1872. CHAPTEE VI. RETAKING AFTER AN ESCAPE OR RESCUE. § 854. May be at any time or in any place in the state. § 855. May break open door or window if admittance refused. § 854, May be at any time or in any place in the state. If a person arrested escape or is rescued, the person from whose custody he escaped or was rescued, may immediately pursue and retake him at any time and in any place within the state. En. February 14, 1872. Crim. Prac. Act, sec. 144. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Assisting escapes: Ante, sec. 109. § 855. May break open door or window if admittance refused. To retake the person escaping or rescued, the per- son pursuing may break open an outer or inner door or window of a dwelling-house, if, after jiotice of his inten- tion, he is refused admittance. En. February 14, 1872. Crim. Prac. Act, sec. 145. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Breaking doors in making arrest: Sec ante, sec. 844. § S5S EXAMINATION OF CASE. CHAPTEE VII. EXAMINATION OF THE CASE, AND DISCHARGE OF THE DE- FENDANT, OR HOLDING HIM TO ANSWER. § S5S. Magistrate to inform the defendant of tlie charge, and his right to counsel. § 859. Time to se.id and sending for counsel. § S60. Examination, when to proceed. § S61. When to be completed. Postponement. § S62. On postponement, defendant to be committed or discharged on ball. § 863. Form of Commitment. § 864. Depositions to be read on examination and subpoenas issued. § 865. Examination of witnesses to be in presence of defendant. § S€6. Examination of defendant's witnesses. § S67. Exclusion and separation of witnesses. § S68. Who may be present at the examination. § 869. Testimony, how taken and authenticated. § 870. Deposition, by whom and how kept. § 871. Defendant, when and how 'discharged. § 872. When and how to be committed. g 873. Order for commitment. § 874. Certificate of bail being taken. (Repealed.) § 875. Order for ball on commitment. § 876. Commitment, how made and to whom delivered. § 877. , Form of commitment. § 878. Undertaking of witnesses to appear. § 879. Security for the appearance of witnesses. § 880. Infants and married women may be required to give security. § 881. W^itnesses to be committed on refusal to give security for their appearance. § 882. Witness unable to give security may be conditionally exam- med. Not applicable to prosecutor or accomplice. § SS3. Magistrate to return depositions, etc., to the court. § 858. Magistrate to inform defendant of the charge, and his right to counsel. When the defendant is brought before the magistrate upon an arrest, either with or with- out warrant, on a charge of having committed a public offense, the magistrate must immediately inform him of the charge against him, and of his right to the aid of counsel in every stage of the proceedings. En. February 14, 1872. Cal. Eep. Cit. 55, 298; 56, 232; 59, 366; 66, 595; 66, 596; 66, 664; 67, 232; 105, 643. 313 EXAMINATION OF CASE. §§ S59-S61 Crim. Prac. Act, sec. 146. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. CaJ. Eep. Git. 44, 557. § 859. Time to send and sending for counsel. He must also allow the defendant a reasonable time to send for coun- sel, and postpone the examination for that purpose, and must, upon the request of the defendant, require a peace officer to take a message to any counsel in the township or city the defendant may name. The officer must, with- out delay and without fee, perform that duty. En. Febru- ary 14, 1872. Cal. Eep. Git. 55, 298; 66, 595; 66, 596; 66, 664; 67, 232; 105, 643. Grim. Prac. Act, sec. 147. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Defendant's right to counsel. The right to have the as- sistance of counsel is a constitutional one: Const. 1879, art. I, sec. 13; see ante, sec. 825. § 860. Examination, when to proceed. If the defendant requires the aid of counsel, the magistrate must, immedi- ately after the appearance of counsel, or if, after waiting a reasonable time therefor, none appears, proceed to exam- ine the case. En. February 14, 1872. Cal. Eep. Git. 56, 232; 66, 595; 66, 596; 66, 664; 67, 232; 105, 643. Grim. Prac. Act, sec. 148. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 861. When to be completed. Postponement. The ex- amination must be completed at one session, unless the magistrate, for good cause shown by affidavit, postpone it. The postponement cannot be for more than two days at each time, nor more than six days in all, unless by con- sent or on motion of the defendant. En, February 14, 1872. Gal. Eep. Git. 56, 233; 66, 596; 75, 302; 119, 325; 119, 326; 139, 212. §§ 862-864 EXAMINATION OF CASE. 314 Crim. Prac. Act, sec. 1-49. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 862. On postponement, defendant to be committed or discharged on bail. If a postponement is had, the magis- trate must commit the defendant for examination, admit him to bail or discharge him from custody upon the de- posit of money as provided in this code, as security for his appearance at the time to which the examination is post- poned. En. February 14, 1872. Cal. Eep. Cit. 66, 596. Crim. Prac. Act, sec. 150. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 863. Form of commitment. The commitment :^r ex- amination is made by an indorsement, signed by the mag- istrate on the warrant of arrest, to the following effect: "The within named A. B. having been brought before me under this warrant, is committed for examination to the sheriff of . " If the sheriff is not present, the defend- ant may be committed to the custody of a peace officer. En. February 11, 1872. Cal. Eep. Cit. 59, 366. Crim. Prac. Act, see. 151. Eu. April 20, 1850. Eep. 1851, 290. En. 2 .51, 212. § 864. Depositions to be read on examination and sub- poenas issued. At the examination, the magistrate must first read to the defendant the depositions of the witnesses examined on taking the information. He must also issue subpoenas, subscribed by him, for witnesses within the state, required either by the prosecution or the defense. En. February 14, 1872. Cal. Eep. Cit. 56, 233; 59, 366. Crim. Prac. Act, sec. 152. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. S15 EXAMINATION OF CASE. §§ 865-869 § 865, Examination of witnesses to be in presence of de- fendant. The witnesses must be examined in the presence of the defendant, and may be cross-examined in his behalf. En. February 14, 1872. Cal. Eep. Cit. 56, 233; 59, 366. Crim. Prac. Act, sec. 153. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 866. Examination of defendant's witnesses. When the examination of witnesses on the jiart of the people is closed, any witnesses the defendant may produce must be sworn and examined. En. February 14, 1872. Crim. Prac. Act, sec. 159, En. April 20, 1850. Eep. 1851, 290, En. 1851, 212. § 867. Exclusion and separation of witnesses. While a witness is under examination, the magistrate may ex- clude all witnesses who have not been examined. He may also cause the witnesses to be kept separate, and to be prevented from conversing with each other until they are all examined. En. February 14, 1872. Crim. Prac. Act, sec. 160. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. See next section. § 868. Who may be present at the examination. The magistrate must also, upon the request of the defendant, exclude from the examination every person except his clerk, the prosecutor and his counsel, the attorney-general, the district attorney of the county, the defendant and his coun- sel, and the officer having the defendant in custody. En. February 14, 1872. Cal. Rep. Cit. 115, 61. Crim. Prac. Act, sec. 161. En. April 20, 1850. Eep, 1851, 290, En. 1851, 212. Am'd. 1872, 528. See ante, sec. 867, § 869. Testimony, hoAff taken and authenticated. The testimony of each witness, in cases of homicide, must be § 869 EXAMINATION OF CASE. 811 reduced to writing, as a deposition, by the magistrate, or under his direction, and in other eases upon the demand of the prosecuting attorney, or the defendant, or his coun- sel. The magistrate before whom the examination is had may, in his discretion, order the testimony and proceed- ings to be taken down in shorthand in all examinations herein mentioned, and for that purpose he may appoint a shorthand reporter. The ileposition or testimony of the witness must be authenticated 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 wit- ness and his answers thereto, each answer being distinctly read to him as it is taken down, and being corrected or added to until it conforms to what he declares is the truth, except in cases where the testimony is taken down in short- hand, the answer or answers of the witness need not be read to him. Third. If a question put be objected to on either side and overruled, or the witness declines answering it, that fact, with the ground on which the question was overruled or the answer declined, must be stated. Fourth. The deposition must be signed by the witness, or if he refuses to sign it, his reason for refusing must be stated in writing, as he gives it, except in cases where the deposition is taken down in shorthand, it need not be signed by the witness. Fifth. It must be signed and certified by the magistrate when reduced to writing by him, or under his direction, and when taken down in shorthand, the transcript of the reporter appointed as aforesaid, when written out in long- hand writing, and certified as being a correct statement of such testimony and proceedings in the case, shall be prima facie a correct statement of such testimony and proceed- ings. The reporter shall, within ten days after the close of such examination, if the defendant be held to answer the charge, transcribe into longhand' writing his said short- 317 EXAMINATION OF CASE. §§ 870, 871 hand notes, and certify and file the same with the county clerk of the county, or city and county, in which the de- fendant was examined, and shall, in all eases, file his orig- inal notes with said clerk. Sixth. The reporter's compensation shall be fixed by the magistrate before whom the examination is had, and shall not exceed that now allowed reporters in the superior courts of this state, and shall be paid out of the treasury of the county, or the city and county, in which the examination is had, on the certificate and order of the said magistrate. En. February 14, 1872. Am'd. 1880, 30; 1881, 18; 1885, 131. Cal. Eep. Cit. 50, 95; 50, 96; 54, 576; 54, 577; 56, 233; 57, 652; 59, 366; 64, 86; 66, 102; 66, 664; 66, 676; 67,' 232; 68, 503; 69, 602; 74, 393; 75, 101; 75, 302; 75, 303; 77, 215; 83, 362; 100, 5; 105, 656; 105, 657; 127, 161; 127, 424; 127, 426; 133, 334; 142, 221; 142, 443; 142, 444; 143, 382; 143, 577; 143, 578; 145, 741; 145, 742; 145, 743; 145, 749. Subd. 2—57, 651. Subd. 3—75, 100. Subd. 4—69, 602. Subd. 5—68, 503; 77, 215; 106, 649; 127, 244; 133, 333; 143, 381. Subd. 6— 83, 364; 83, 365; 83, 366. Crim. Prac. Act, sec. 162. En. April 20, 1850. Kep. 1851, 290. En. 1851, 212. Eep. 1855, 269. § 870. Deposition, by whom and how kept. The magia trate or his clerk must keep the depositions taken on the information or on the examination, until they are returned to the proper court; and must not permit them to be exam- ined or copied by any person except a judge of a court having jurisdiction of the offense, or authorized to issue writs of habeas corpus, the attorney-general, district attor- ney, or other prosecuting attorney, and the defendant and his counsel. En. February 14, 1872. Cal. Rep. Cit. 56, 233; 133, 333. § 871. Defendant, when and how discharged. If, after hearing the proofs, it appears either that no public offense % 872 EXAMINATION OF CASE. 318 has been committed or that there is not sufficient cause to believe the defendant guilty of a public offense, the magis- trate must order the defendant to be discharged, by an in- dorsement on the depositions and statement, signed by him, to the following effect: "There being no sufficient cause to believe the within named A. B. guilty of the offense within mentioned, I order him to be discharged. ' ' En. February 14, 1872. Cal. Eep. Cit. 133, 333. Crim. Prac. Act, sec. 163. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 19, 137. § 872. When and how to be committed. If, however, it appears from the examination that a public offense has been committed, and there is sufficient cause to believe the de- fendant guilty thereof, the magistrate must make or indorse on the complaint an order, signed by him, to the following effect: "It appearing to me that the offense in the within complaint mentioned (or any offense, according to the fact, stating generally the nature thereof), has been committed, and that there is sufficient cause to believe the within named A. B. guilty thereof, I order that he be held to an- swer to the same." En. February 14, 1872. Am'd. 1880, 37; 1905, 763, The change consists in the substitution of the words •■complaint" for "deposition," and in the omission of the words "'and committed to the sheriff of the county of blanli," at the end of the section. — Code Commissioner's Note. Cal. Rep. Cit. 49, 651; 56, 233; 56, 234; 57, 561; 59, 366; 61, 379; 64, 212; 64, 261; 65, 218; 66, 664; 67, 232; 67, 233; 68, 578; 68, 579; 69, 602;. 73, 255; 84, 600; 84, 601; 85, 88; 85, 364; 91, 26; 93, 379; 94, 499; 96, 317; 109, 449; 113, 284; 133, 334; 142, 598; 143, 219; 143, 353. Crim. Prac. Act, sec. 164. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 19, 137. Time to file information See ante, sec. 809. 319 EXAMINATION OF CASE. §§ 873-876 § 873. Order for commitment. If the offense is not bailable, the following words must be added to the indorse- ment: "And he is hereby committed to the sheriff of the county of . " En. February 14, 1872. Cal. Rep. Cit. 49, 651. Crim. Prac. Act, sec. 165. En. April 20, 1850. . Rep. 1851, 290. En. 1851, 212. § 874. Certificate of bail being taken. (Repealed.) En. ■February 14, 1872. Rep. 1880, 37. Cal. Rep. Cit. 49, 651; 51, 376. Crim. Prac. Act, sec. 166. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 875. Order for bail on commitment. If the offense is bailable, and the defendant is admitted to bail, the fol- lowing words must be added to the order: "And that he be admitted to bail in the sum of dollars, and is com- mitted to the sheriff of the county of until he gives such bail." En. February 14, 1872. Am'd. 1880, 37. Cal. Rep. Cit. 49, 651; 84, 601; 84, 602. Crim. Prac. Act, sec. 167. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Bail generally: See sees. 1268 et seq. § 876. Commitment, how made and to whom delivered. If the magistrate order the defendant to be committed^ he must make out a commitment, signed by him, with his name of office, and deliver it, with the defendant, to the officer to whom he is committed, or, if that officer is not present, to a peace officer, who must deliver the defend- ant into the proper custody, together with the commitment. En. February 14, 1872. Cal. Rep. Cit. 49, 651; 116, 506; 116, 507. Crim. Prac. Act, sec. 168. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. §§ 877, 879 EXAMINATION OF CASE. 320 § 877. Form of commitment. The commitment must be to the following effect: County of (as the case may be). The people of the state of California to the sheriff of the county of : An order having been this day made by me, that A. B. be held to answer upon a charge of (stating briefly the nature of the offense, and giving as near as may be the time when and the place where the same was committed), 3 ou are commanded to receive him into your custody and detain him until he is legally discharged. Dated this day of , eighteen . En. February 14, 1872. Cal. Eep. Cit. 49, 651; 68, 578; 68, 579; 85, 364; 116, 506; 116, 507. Crim. Prac. Act, sec. 169. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 42, 199. § 878. Undertaking of witnesses to appear. On holding the defendant to answer, the magistrate may take from each of the material witnesses examined before him on the part of the people a written undertaking, to the effect that he will appear and testify at the court to which the deposi- tions and statements are to be sent, or that he will forfeit the sum of five hundred dollars. En. February 14, 1872. Cal. Eep. Cit. 61, 58; 84, 603; 84, 604; 131, 234. Crim. Prac. Act, sec. 170. En. April 20, 1^50. Eep. 1851, 290. En. 1851, 212. § 879. Security for the appearance of witnesses. When the magistrate or a judge of the court in which the action is pending is satisfied, by proof on oath, that there is rea- son to believe that any such witness will not appear and testify unless security is required, he may order the wit- ness to enter into a written undertaking, with sureties, 321 EXAMINATION OF CASE. §§ 880-882 in such sum as he may deem proper, for his appearance as specified in the preceding section. En. February 14, 1872. Cal. Eep. Cit. 84, 604. Crim, Prac. Act, sec. 171. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Am'd. 1870, 787. Reducing testimonj'^ to writing: See ante, sec. 869. Taking deposition of witness: See Const. 1879, art. I, sec. 13; and post, sec. 882, note. § 880. Infants and married women may be required to give security. Infants and married women, who are ma- terial witnesses against the defendant, may be required to' procure sureties for their appearance, as provided in the last section. En. February 14, 1872. Crim. Prac. Act, sec. 172. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 881. Witnesses to be committed on refusal to give se- curity for their appearance. If a witness, required to enter into an undertaking to appear and testify, either with or without sureties, refuses compliance with the order for t'at purpose, the magistrate must commit him to prison until he complies or is legally discharged. En. February 14, 1872. Cal. Eep. Cit. 61, 59. Crim. Prac. Act. sec. 173. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 882. Witness unable to give security may be condi- tionally examined. Not applicable to prosecutor or accom- plice. When, however, it satisfactorily appears by examina- tion, on oath of the witness, or any other person, that the witness is unable to procure sureties, he may be forthwith conditionally examined on behalf of the people. Such ex- amination must be by question and answer, in the presence of the defendant, or after notice to him, if on bail, and Pen. Code— 21 5 8S3 EXAMINATION OF CASE. 322 conducted in the same manner as the examination before a committing magistrate is required by this code to be con- ducted, and the witness thereupon discharged; and such deposition may be used upon the trial of the defendant, ex- cept in cases of homicide, under the same conditions as mem- tioned in section thirteen hundred and forty-five; but this section does not apply to an accomplice in the commission of the offense charged. En. February 14, 1872. Am'd. 1877-8, 122; 1905, 763. The change consists in the insertion of the words "and such depo- sition may be used upon the trial of the defendant, except in cases of homicide, under the same condition as mentioned in section 1345," after the word "discharged." — Code Commissioner's Note. Cal. Eep. Cit. 49, 38; 64, 86; 84, 603; 84, 604. Crim. Prae. Act, sec. 174. En. AprU 20, 1850. Rep. 1851, 290. En. 1851, 212. Crim. Prac. Act, sec. 175. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Constitutional provision. — The constitution provides that "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 that the wit- ness, from inability or other cause, will not attend at the trial": Art. I, sec. 13. § 883. Magistrate to return depositions, etc., to the court. When a magistrate has discharged a defendant, or has held him to answer, he must return, without delay, to the clerk of the court at which the defendant is required to appear, the warrant, if any, the depositions, and all undertakings or bail, or for the appearance of witnesses taken by him. En. lebruary 14, 1872. Cal. Eep. Cit. 66, 664; 67, 232; 109, 449; 113, 285; 133, 333. Crim. Prac. Act, sec. 176. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. 323 PROCEEDINGS BEFORE INDICTMENT. §§ S88-89'J TITLE IV. OF PEOCEEDINGS AFTER COMMITMENT AND BE- FORE INDICTMENT. Chapter I. Preliminary Provisions, §§ 888-890. II. Formation of the Grand Jury, §§ 894-910. III. Powers and Duties of a Grand Jury, §§ 915- 929. IV. Presentment and Proceedings Thereon, §§ 931- 937. • . CHAPTER I. PRELIMINARY PROVISIONS. § 888. Offenses, how prosecuted. § SS9. What by accusation or information. § 890. Indictments and accusations, in what court found. § 888. Offenses, how prosecuted. All public offenses tri- able in the superior courts must be prosecuted by indictment or information, except as provided in the next section. En. February 14, 1872. Am'd. 1880, 12. Cal. Rep. Cit. 57, 561; 59, 245; 85, 88; 111, 239; 111, 240; 145, 37. Crim. Prac. Act, sec. 177. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1863, 158. § 889. What by accusation or information. When the proceedings are had for the removal of district, county, municipal, or township officers, they may be commenced by an accusation or information, in writing, as provided in sections seven hundred and ^fty-eight and seven hundred and seventy-two. En. February 14, 1872. Cal. Rep. Cit. 59, 245; 97, 382; 111, 239; 111, 240; 111, 242; 145, 37. Crim. Prac. Act, sec. 178. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 890. Indictments and accusations, in what court found. All accusations, informations, or indictments against dis- §§ S94, 895 FORMATION OF GRAND JURY. 324 trict, county, miinicipal, and township officers, must be found or filed in the superior court. En. February 14, 1872. Am'd. 1880, 34. Grim. Prac. Act, sec. 179. En. April 20, 1850. Eep. 1851. 290. En. 1851, 212. Am'd. 1863, 158. § 893. [No such section.] Grim. Prac. Act, sec. 180. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. GHAPTEE n. FORMATION OF THE GRAND JURY. § 894. Who may challenge the panel or an individual juror. § 895. Cause of challenge to a panel. § 896. Cause of challenge to an individual grand juror. § 897. Manner of taking and trying challenges. § S9S. Decision upon challenges. § 899. Effect of allowing a challenge to a panel. § 900. Effect of allowing a challenge to an Individual juror. § 901. Objections can only be taken by challenge. § 902. Appointment of a foreman. § 903. Oath of foreman. § 904. Oath of other grand jurors. § 905. Charge of the court. § 906. Retirement of the grand jury. Discharge of. § 907. Special grand jury. § 90S. Order for special grand jury. § 909. Order, how executed. § 910. Special giand jury, how formed. § 894. Who may challenge the panel or an individual juror. The people, or a person held to answer a charge for a public offense, may challenge the panel of a grand jury, or an individual juror. En. February 14, 1872. Grim. Prac. Act, sec. 181. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Am'd. 1854, 80. See as to formation of grand jury: Gode Giv. Proe., sees. 241 et seq. § 895. Oause of challenge to a panel. A challenge to the panel may be interposed for one or more of the fol- lowing causes only: 325 FORMATION OF GRAND JURY. § SS« 1. That the requisite number of ballots was not drawn from the jury-box of the county. 2. That notice of the drawing of the grand jury was not given. 3. That the drawing was not had in the presence of the officers designated by law. En. February 14, 1872. Cal. Eep. Cit. 119, 3. Crim. Prac. Act, see. 182. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 896. Cause of challenge to an individual grand juror. A challenge to an individual grand juror may be inter- posed for one or more of the following causes only: First. That he is a minor. Second. That he is an alien. Third. That he is insane. Fourth. That he is a prosecutor upon a charge against the defendant. Fifth. Jhat he is a witness on the part of the prosecu- tion, and has been served with process or bound by an undertaking as such. Sixth. That a state of mind exists on his part in refer- ence to the ease, or to either party, which will prevent him from acting impartially and without prejudice to the sub- stantial 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, state- ments in public journals, or common notoriety, provided it satisfactorily appear to the court upon his declaration, under oath or otherwise, that he can and will, notwithstand- ing such an opinion, act impartially and fairly upon the mat- ters to be submitted to him. En. February 14, 1872. Am'd. 1873-4, 436. Cal, Rep. Cit. 7(5, 344; 139, 429. Subd. 2— 7G, 344. Subd. 6—61, 165; 76, 344; 135, 151; 135, 152; 139, 428. §§ 897-900 FORMATION OF GRAND JURY. 325 Grim. Prac. Act, sec. 183. En. April 20, 1850. Rep. 1851. 290. En. 1851, 212. Am'd. 1870, 786. Gal. Eep. Git. 28, 469. Setting aside indictment or information: Post, sec. 995. Grounds of challenge to juror: See post, sees. 1072, 1073, 1074. § 897, Manner of taking and trying challenges. The challenges mentioned in the last three sections may be oral or in writing, and must be tried by the court. En. Febru- ary 14, 1872. Am'd. 1873-4, 436. Grim. Prac. Act, sec. 184. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Trial of challenge: See post, sec. 1078. § 898. Decision upon challenges. The court must allow or disallow the challenge, and the clerk must enter its de- cisions upon the minutes. En. February 14, 1872. Grim. Prac. Act, sec. 185. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Similar provision as to trial juror: See post, sec. 1083. § 899. Effect of allowing a challenge to a panel. If a challenge to the panel is allowed, the grand jury are pro- hibited from inquiring into the charge against the defend- ant, 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. En. February 14, 1872. Grim. Prac. Act, sec. 186. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Gal. Rep. Git. 20, 148. § 900. Effect of allowing a challenge to an individual juror. If a challenge to an individual grand juror is al- lowed, he cannot be present or take part in the consider- ation of the charge against the defendant who interposed the challenge, or the deliberations of the grand jury there- 327 FORMATION OP GRAND JURY. §J jvl-yo:i on. The grand jury must inform the court of a violation of this section, and it is punishable by the court as a con- tempt. En. February 14, 1872. Cal. Eep. Cit. 54, 39; 88, 235. Grim. Prac. Act, sec. 187. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Grim. Prac. Act, sec. 188. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Git. 20, 148. § 901. Objections can only be taken by challenge. A person held to answer to a charge for a public offense can take advantage of any objection to the panel or to an in- dividual grand juror in no other mode than by challenge. En. February 14, 1872. Grim. Prac. Act, sec. 189. En. April 20, 1850. Rep. 1851, 290, En. 1851, 212. Gal. Rep. Git. 28, 469. § 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 when the person already appointed is excused or discharged before the grand jury is dismissed. En. Feb- ruary 14, 1872. Grim. Prac. Act, see. 190. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 903. Oath of foreman. The 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 evidence. You will keep your own counsel, and Ihat 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 §§ 904-906 FORMATION OF GRAND JURY. 32's any other graud juror may have said, nor the manner in which you or any other grand juror may have voted on any matter before you. You will present no person through malice, hatred, or ill-will, nor leave any unpresented through fear, favor, or affection, or for any reward, or the promise or hope thereof; but in all your presentments you will pre- sent the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding, so help you God." En. February 14, 1872. Am'd. 1873-4, 437. Cal. Rep. Git. 64, 527. Grim. Prac. Act, sec. 191. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 904. Oath of other grand jurors. The following oath must be immediately thereupon administered to the other grand jurors present: "The same oath which your 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." En. February 14, 1872. Grim. Prac. Act, sec. 192. En. April 20, 1850. Rep. 1851, 290, En. 1851, 212, § 905. Charge of the court. The grand jury being im- paneled 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 charged for public offenses returned to the court or likely to come before the grand jury. En. Feb- ruary 14, 1872. Grim. Prac. Act, sec. 193. En. April 20, 1850. Rep. 1851, 290, En. 1851, 212. § 906. Retirement of the grand jury. Discharge of. The grand jury must then retire to a private room and inquire into the offenses cognizable by them. On the completion of the business before them, they must be discharged by the court; but, whether the business is completed or not. 323 FORMATION OF GRAND JURY. §§ 907-910 they are discharged by the final adjournmeut of the court. En. February 14, 1872. Cal. Eep. Cit. 69, 547. Crim. Prac. Act, sec. 194. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Crim. Prac. Act, sec. 195, En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 907. Special grand jury. 'En. February 14, 1872. Eep. 1905, 693. 907, 90S, 909, 910. These sections purport to authorize the court, if an offense is committed during a term of court, but after the grand jury- has been discharged, to summon another grand jury. There are now no "terms of court," and any necessity which may arise after one grand jury has been discharged can be met by the drawing of an- other. — Code Commissioner's Note. • Cal. Eep. Cit. 54, 40. Crim. Prac. Act, sec. 196. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 908. Order for special grand jury. En. February 14, 1872. Am'd. 1889, 214. Eep. 1905, 693. See note to § 907, ante. Crim. Prac. Act, sec. 197. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Am'd. 1859, 186. § 909. Order, how executed. En. February 14, 1872. Eep. 1905, 693. See note to § 907, ante. Crim. Prac. Act, sec. 198. En. Ajml 20, 1850. Eep. 1851, 290. En. 1851, 212. § 910. Special grand jury, how formed. En. February 14, 1872. Eep. 1905, 693. See note to § 907, ante. Crim. Prac. Act, sec. 199. En. April 20, 1850. Eep. 1851, 290, En. 1851, 212. §§ 015, 916 POWERS AND DUTIES OF GRAND JURY. 330 CHAPTEE III. POWERS AND DUTIES OF A GRAND JURY. § 915. Powers of grand jury. § 916. Presentment defined. § 917. Indictment defined. § 918. Foreman may administer oaths. § 919. Evrdence receivable before the grand jury. § 920. Grand jury not bound to hear evidence for the defendant. § 921. Degree of evidence to warrant indictment. § 922. Grand jurors must declare their knowledge as to commission or public offense. § 923. Must inquire Into cases of persons imprisoned, etc. § 924. Entitled to access to public prison, etc. § 925. When and from whom they may ask advice, and who may be present during their sessions. § 926. Secrets of grand jury to be kept, except, etc. § 927. Grand juror not to be questioned for his conduct, except, etc. § 928. Duties of grand jury. § 929. Gran-d jury may order district attorney to bring suit to recover moneys due the county. § 915. Powers of grand juries. The grand jury must in- quire into all public offenses committed or triable within the county, and present them to the court by indictment. En. February 14, 1872. Am'd. 1905, 694. The change consists in the omission of the words "either by present- sentment or." after "court." The change is made for the reason that grand juries no longer have authority to prefer presentments.— Code Commissioner's Note. Cal. Eep. Cit. 60, 105; 77, 627. Grim. Prac. Act, see. 205. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Impaneling grand juries; Const. Cal., art. I, sec. 8; Code Civ. Proc. sees. 241-243; ante, sees. 894 et seq. § 916. Presentment defined. En. February 14, 1872. Eep. 1905, 693. This section relates to and defines presentments by grand juries, and, as they no longer have authority to prefer a presentment, the section is superfluous and misleading.— Code Commissioner's Note. Cal. Eep. Cit. 109, 447. Crim. Prac. Act, sec. 207. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. 331 POWERS AND DUTIES OF GRAND JURY. §§ 917-9ia § 917. Indictment defined. An indictment is an accusa- tion in writing, presented by tlie grand jury to a competent court, charging a person with a public offense. En. Feb- ruary 14, 1872. Cal. Eep. Cit. 145, 36. Grim. Prac. Act, sec. 206. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 44, 557. Indictment must contain what: Post, sec. 950. Indictment, sufficiency of: Post, sec. 959. § 918. Foreman may administer oaths. The foreman may- administer an oath to any witness appearing before the grand jury. En, February 14, 1872. Crim. Prac. Act, sec. 208. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 919. Evidence receivable before grand juries. In the investigation of a charge, the grand jury can receive no other evidence than such as is given by witnesses produced and sworn before them, or furnished by legal documentary evidence, or the deposition of a witness in the cases men- tioned in the third subdivision of section six hundred and eighty-six. The grand jury can receive none but legal evi- dence, and the best evidence in degree, to the exclusion of hearsay or secondary evidence. En. February 14, 1872. Am'd. 1905, 694. The change consists in the omission of the words "for the purpose of either presentment or indictment," after "charge." The change is made because grand juries have no longer authority to prefer present- ments.— Code Commissioner's Note. Crim. Prac. Act, sec. 209. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 4, 21'.». Crim, Prac. Act, sec. 210. En. April 20, 1850. Eep. 1851, 290. En, 1851, 212, Cal. Eep. Cit. 4, 226; 19, 542. §§ 920-923 POWERS AND DUTIES OF GRAND JURY. 332 § 920. Grand jury not bound to hear evidence for the defendant. The grand jury is not bound to hear evidence for the defendant; but it is their duty to weigh all the evidence submitted to them, and when they have reason to believe that other evidence within their reach will ex- plain away the charge, they should order such evidence to be produced, and for that purpose may require the dis- trict attorney to issue process for the witnesses. En. Feb- ruary 14, 1872. Cal. Eep. Cit. 64, 437; 64, 527; 76, 345; 116, 391. Crim. Prac. Act, sec. 211. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1872, 391. Cal. Eep. Cit. 19, 543. § 921. Degree of evidence to warrant indictment. The grand jury ought to find an indictment when all the evi- dence before them, taken together, if unexplained or un- contradicted, would, in their judgment, warrant a convic- tion by a trial jury. En. February 14, 1872. Cal. Eep. Cit. 137, 224; 144, 638. Crim. Prac. Act, sec. 212. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 19, 543. § 922. Grand jurors must declare their knowledge as to commission of public offense. If a member of a grand jury knows, or has reason to believe, that a public of- fense, triable within the county, has been committed, he must declare the same to his fellow jurors, who must there- upon investigate the same. En. February 14, 1872. Crim. Prac. Act, sec. 213. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 21, 373. § 923. Must inquire into case of persons imprisoned, etc. The grand jury must inquire into the case of every person imprisoned in the jail of the county on a criminal charge 333 POWERS AND DUTIES OF GRAND JURY. §§ 9L'4, 'Ji:5 and not indicted; into the condition and management of the public prisons within the county; and into the willful or cor- rupt misconduct in office of public officers of every descrip- tion within the county. En. February 14, 1872. Am'd. 1905, 694. The change consists in the substitution of the word "or," in place or "and," between "willful" and "corrupt." — Code Commissioner's Note. Cal. Rep. Cit. 49, 651. Crim. Prac. Act, sec. 214. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 924. Entitled to access to public prison, etc. They are also entitled to free access, at all reasonable times, to the public prisons, and to the examination, without charge, of all public records within the county. En. February 14, 1872. Crim. Prac. Act, sec. 215. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 925. When and from whom they may ask advice; who may be present during sessions. The grand jury may, at all times, ask the advice of the court, or the judge thereof, or of the district attorney; but unless such advice is asked, the judge of the court must not be present during the sessions of the grand jury. The district attorney of the county may at all times appear before the grand jury for the purpose of giving information or advice relative to any matter cogniza- ble by them, and may interrogate witnesses before them whenever he thinks it necessary; the grand jury, on the de- mand of the district attorney, whenever criminal causes are being *nvestigated before them, must appoint a competent stenographic reporter to be sworn and to report the testi- mony that may be given in such causes in shorthand, and reduce the same, upon the request of the district attorney, to longhand or typewriting; a copy of such testimony must be delivered to the defendant upon his arraignment after in- dictment. The services of such stenographic reporter con- stitute a charge against the county. No person other than § 926 POWERS AND DUTIES OF GRAND JURY. 334 those specified in this and the succeeding section is permitted to be present during the session of the grand jury, except the members and witnesses actually un'der examination, and no person must be permitted to be present during the expres- sion of their opinions, or giving their votes upon any mat- ter before them. The grand jury or district attorney may require by subpoena the attendance of any person before the grand jury as interpreter, and such interpreter may, while his services are necessary, be present at the examination of witnesses before the grand jury. En. February 14, 1872. Am'd. 1897, 204; 1905, 694. The statute of 1871-2, page 540, authorizing the grand jury or district attorney to require the attendance of an interpreter, is codified in the last sentence. — Code Commissioner's Note. Cal. Eep. Cit. 71, 213; 116, 390; 132, 200; 132, 201; 132, 202; 141, 399; 744, 636; 144, 637, 144, 638. Crim. Prac. Act, sec. 216. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Am'd. 1863, 216. Act relating to interpreter before grand jury: See post. Appendix, title Interpreters. § 926. Secrets of grand jury to be kept, except, etc. Every member of the grand jury must keep secret what- ever he himself or any other grand juror may have said, or in what manner he or any other grand juror may have voted on a matter before them; but may, however, be re- quired by any court to disclose the testimony of a witness examined before the grand jury, for the purpose of ascer- taining whether it is consistent with that given by the witness before the court, or to disclose the testimony given before them by any person, upon a charge against such person for perjury in giving his testimony, or upon trial therefor. En. February 14, 1872. Cal. Eep. Cit. 64, 527; 64, 528; 77, 633. Crim.'Prac. Act, sec. 217. En. April 20, 1850. Am'd. 1850, 332. Rep. 1851, 290. En. 1851, 212. 335 POWERS AND DUTIES OF GRAND JURY. §§ 927-929 Grim. Prac. Act, sec. 218. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Git. 19, 545. § 927. Grand juror not to be questioned for his con- duct, except, etc. A grand juror cannot be questioned for anything he may say or any vote he may give in the grand jury relative to a matter legally pending before the jury, except for a perjury of which he may have been guilty, in making an accusation or giving testimony to his fellow jurors. En. February 14, 1872. Gal. Rep. Git. 56, 67. Grim. Prac. Act, sec. 219. En. April 20, 1850. Rep. 1851^ 290. En. 1851, 212. § 928. Duties of grand jury. It shall be the duty of the grand jury annually to make a careful and complete examination of the books, records, and accounts of all the officers of the county, and especially those pertaining to the revenue, and report as to the facts they have found, with such recommendations as they may deem proper and fit; and if, in their judgment, the services of an expert are necessary, they shall have power to employ one, at an agreed compensation, not to exceed five dollars per day, payable as other county charges. The judge, on impanel- ment of such grand jury, shall charge them specially as to their duties under this section; provided, that if any* grand jury shall, in the report above mentioned, comment upon any person or official who has not been indicted by the said grand jury, the said comments shall not be deemed to be privileged. En. Stats. 1880, 43. Am'd. 1897, 205. Gal. Rep. Git. 141, 399. § 929. Grand jury may order district attorney to bring suit to recover moneys due the county. The grand jury, after having investigated the books and accounts of the various officials of the county, as. in the foregoing section §§ 931, 931 PRESENTMENT. 33'i provided, may order the district attorney of the said county to institute suit to recover any moneys that, in the judg- ment of the said grand jury may from any cause be due the county, and the order of the said grand jury, certified by the foreman of the said grand jury, filed with the county clerk of the said county, .shall be full authority for the said district attorney to institute and maintain any such suit. En. Stats. 1897, 205. Cal. Eep. Cit. 133, 348; 141, 398; 141, 399. CHAPTEE IV. PRESENTMENT, .A-ND PROCEEDINGS THEREON. § 931. Presentment must be by twelve grand jurors, etc. (Repealed ) § 932. Must be presented to the court and filed. (Repealed.) § 933. Court must direct a bench-warrant if facts constitute a public offense. (Repealed.) § 934. Bench-warrant, by whom and how issued. (Repealed.) § 935. Form of bench-warrant. (Repealed.) § 936. Bench-warrant, how served. (Repealed.) § 937. Proceedings of magistrate on defendant being brought before him. (Repealed.) § 931. Presentment must be by twelve grand jurors, etc. En. February 14, 1872. Eep. 1905, 695. 931, 932, 933, 934, 9£5, 936, 937. These sections compose Chapter IV of Title IV of Part II of the Penal Code. They relate solely to the pro- ceevlings after finding a presentment, and since the adoption of the Constitution of 1S79 have been inoperative. — Code Commissioner's Note. Cal. Eep. Cit. 54, 103. Crim. Prae. Act, sec. 220. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Indictment concurrence of twelve grand jurors: See post, sec. 940. § 932. Must be presented to the court and filed. En. February 14, 1872. Eep. 1905, 695. See note to § 931, ante. Crim. Prac. Act, sec. 221. En. April 20, 1850. Am'd. 1850, 332. Eep. 1851, 290". En. 1851, 212. 337 PRESENTMENT. §§ 933-937 § 933. Court must direct a bench-warrant if facts con- stitute a public offense. En. February 14, 1872. Rep. 1905, 695. See note to § 931, ante. Grim. Prac. Act, sec. 224. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 934. Bench-warrant, by whom and how issued. En. February 14, 1872. Rep. 1905, 695. See note to § 931, ante. Grim. Prac. Act, sec. 225. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Gal. Rep. Git. 37, 280. § 935. Form of bench-warrant. En. February 14, 1872. Ana'd. 1880, 34. Rep. 1905, 695. See note to § 931, ante. Grim. Prac. Act, sec. 226. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1863, 159. § 936. Bench-warrant, how served. En. February 14, 1872. Rep. 1905, 695. Sec note to § 931, ante. Gal. Rep. Git. 54, 103. Grim. Prac. Act, sec. 227. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 937. Proceedings of magistrate on defendant being brought before him. En. February 14, 1872. Rep. 1905, 695. See note to § 931, ante. Grim. Prac. Act, sec. 228. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Pen. Cade— 22 §§ 940-942 FINDING AND PRESENTMENT. 338 TITLE V. OF THE INDICTMENT, Chapter I. Finding and Presentment of the Indictment, §§ 940-945. 11. Eules of Pleading and Form of the Indictment, §§ 948-972. CHAPTEE I. FINDING AND PRESENTMENT OF THE INDICTMENT. § 940. Indictment must be found by twelve jurors, indorsed, etc. § 941. If not found, depositions, etc., must be returned to court, etc. § 942. Effect of dismissal. § 943. Names of witnesses inserted at foot of in-dictmenL § 944. Indictment, how presented and filed. § 945. Proceedings when defendant is not in custody. § 940. Indictment must be found by twelve jurors, in- dorsed, etc. An indictment cannot be found without the concurrence of at least twelve grand jurors. When so found it must be indorsed, "A true bill," and the indorse- ment must be signed by the foreman of the grand jury. En. February 14, 1872. Cal. Eep. Cit. 54, 38. Crim. Prac. Act, see. 229. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 21, 372. § 941. If not found, depositions, etc., must be returned to court, etc. If twelve grand jurors do not concur in finding an indictment against a defendant who had been held to answer, the depositions and statement, if any, trans- mitted to them must be returned to the court, with an in- dorsement thereon, signed by the foreman, to the effect that the charge is dismissed. En. February 14, 1872. Cal. Eep. Cit. 54, 38; 54, 413. Crim. Prac. Act, sec. 230. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 21, 373. § 942. Effect of dismissal. The dismissal of the charge does not prevent its resubmission to a grand jury as often 339 FINDING AND PRESENTMENT. §§ 943-945 as the court may direct. But without such direction it can- not be resubmitted. En. February 14, 1872, Cal. Eep. Cit. 54, 413; 54, 414; 65, 218. Crim. Prac. Act, sec. 231. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 943. Names of witnesses inserted at foot of indict- ment. When an indictment is found, the names of the wit- nesses examined before the grand jury, or whose 'depositions may have been read before them, must be inserted at the foot of the indictment, or indorsed thereon, before it is presented to the court. En. February 14, 1872. Cal. Eep.-Cit. 54, 103; 56, 38; 71, 213; 104, 377; 130, 75. Crim. Prac. Act, sec. 232. En. April 20, 1850. Eep. 1851, 290, En. 1851, 212. Cal. Eep. Cit. 26, 114. § 944. Indictment, how presented and filed. An indict- ment, when found by the grand jury, must be presented by their foreman, in their presence, to the court, and must be filed with the clerk. En. February 14, 1872. Cal. Eep. Cit. 54, 38; 145, 37. Crim. Prac. Act, see. 233. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 945. Proceedings when defendant is not in custody. When an indictment is found against a defendant not in custody, the same proceedings must be had as are pre- scribed in sections nine hundred and seventy-nine to nine hundred and eighty-four, inclusive, against a defendant who fails to appear for arraignment. En. February 14, 1872. Cal, Eep. Cit. 55, 298. Crim. Prac. Act, sec. 234. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 35, 109. 12 §§ 94S, 949 RULES OF PLEADING. CHAPTEE II. RULES OF PLEADING AND FORM OF THE INDICTMK.NT. § 94S. Form of and rules of pleading. § 949. First pleading by the people is indictment, or information. § 950. Indictment, or information, what to contain. § 951. Foim of. § 9.52. It must be direct and certain. § 953. When defendant is indicted by fictitious name, etc. § 9.54. May charge different offenses under separate counts relating to same act; election. § 955. Statement as to time when offense was committed. § 956. Statement as to person injured or intended to be injured. § 957. Construction of words used. § 958. Words used in a statute heed not be strictly pursued. § 959. Indictment or infoimation, when sufficient. I 9tiO. Not insufficient for defect of form not tending to» prejudice de- fendant. , § 961. Presumptions of law, etc., need not be stated. § 962. Judgments, etc., how pleaded. § 963. Private statutes, how pleaded. § 964. Pleading for libel. § 965. Pleading for forgery, where instrument has been destroyed or withheld by defendant. § 966. Pleading for perjury or subornation of perjury. § 967. Pleading for larceny or embezzlement. § 968. Pleading for selling, exhibiting, etc., lewd and obscene books. § 969. Previous conviction of another offense. , § 970. Indictment against sfveral, one or more may be acquitted. § 971. Distinction between accessory before the fact and principal ab- rogated. § 972. Accessory may be indicted and tried, though principal has not been. § 948. Form of and rules of pleading. All the forms of pleading in criminal actions, and the rules by which the sufficiency of pleadings is to be determined, are those pre- scribed by this code. En. February 14, 1872. Cal. Eep. Cit. 90, 571. Crim. Prac. Act, sec. 235. En. April- 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 27, 511; 32, 38; 34, 208. § 949. First pleading by the people is indictment, or information. The first pleading on the part of the people is the indictment or information. En. February 14, 1872. Am'd. 1880, 12. Cal. Eep. Cit. 57, 561; 85, 88. Crim. Prac. Act, sec. 236. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Indictment, sufficiency of: See post, sec. 959. 341 RULES OF PLEADING. §§ 950, 951 § 950. Indictment, or information, what to contain. The iiulictment or information must contain: 1. The title of the action, specifying the name of the court to which tlie same is presented, and the names of the parties; 2. A statement of the acts constituting the offense, in ordinary and concise language, and in such manner as to enable a person of common understanding to know what is intended. En. February 14, 1872. Am'd. 1880, 12. Cal. Eep. Cit. 49, 390; 53, 616; 58, 107; 58, 225; 58, 227 59, 398; 64, 154; 64, 261; 64, 342; 66, 229; 66, 673 66, 675; 67, 104; 70, 99; 70, 117; 70, 524; 70, 526 73, 359; 77, 149; 78, 87; 81, 159; 82, 608; 84, 471 85, 645; 86, '239; 91, 466; 92, 651; 94, 597; 100, 439 102, 241; 102, 242; 103, 676; 106, 407; 110, 371; 112 19; 127, 100; 130, 15; 131, 249; 137, 264; 138, 146 141, 582; 141, 584; 143, 67; 145, 36; 145, 104; 145, 109 Subd. 2—85, 646; 86, 239; 116, 391; 118, 76; 119 457; 139, 120; 139, 213; 145, 107; 145, 503. Crim. Prac. Act, sec. 237. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 6, 209; 9, 55; 20, 119; 31, 417; 39, 332; 40, 142. Indictment defined: Ante, sec. 917. § 951. Form of. It may be substantially in the follow- ing form: The people of the state of California, against A. B., in the superior court of the county of , the day of , A. D. eighteen . 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 legal appellation, such as murder, arson, or the like, or designating it as felony or misdemeanor], com- mitted as follows: The said A. B., on the day of — — , A. D. eighteen , at the county of , [here set forth the act or omission charged as an offense], 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. En. February 14, 1872. Am'd. 1880, 12. Cal. Rep. Cit. 49, 390; 58, 107; 58, 225; 58, 227; 68, 154; 64, 261; 64, 342; 65, 566; 66, 229; 67, 104; 70, 99; 70, 117; 70, 524; 70, 526; 77, 149; 78, 85; 81, 159; 82, §§ 952-954 RULES OF PLEADING. 3« 608; 84, 471; 85, 645; 91, 466; 94, 597; 100, 439; 102, 241; 105, 509; 106, 407; 112, 19; 118, 76; 119, 457; 127, 100; 130, 14; 137, 644; 138, 146; 141, 584; 143, 67; 145, 36; 145, 104; 145, 109. Grim. Prac. Act, sec. 238. En. April 20, 1850. Eep, 1851, 290. En. 1851, 212. Am'd. 1863, 159. Cal. Eep. Cit. 20, 119; 31, 417; 37, 280; 39, 331; 43, 555. Sufficiency of indictment: See post, sec. 959. § 952. It must be direct and certain. It must be direct and certain, as it regards — 1. Tlie party charged. 2. The offense charged. 3. The particular circumstances of the offense charged, when they are necessary to constitute a complete offense. En. February 14, 1872. Cal. Eep. Cit. 49, 390; 49, 395; 53, 616; 58, 107; 58, 225; 64, 154; 64, 261; 64, 342; 66, 229; 70, 117; 70, 524; 70, 526; 70, 99; 78, 85; 81, 159; 82, 608; 84, 471; 85, 645; 91, 466; 94, 597; 100, 439; 102, 241; 106, 407; 110, 371; 112, 19; 118, 76; 119, 168; 119, 457; 126, 367; 127, 100; 130, 15; 131, 249; 138, 146; 141, 582; 141, 584; 143, 67; 145, 36; 145, 104; 145, 109. Subd. 3—81, 160; 145, 107. Crim. Prac. Act, sec. 239. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 9, 55; 12, 326; 20, 80; 34, 209; 43, 555. § 953. When defendant is indicted by fictitious name, etc. When a defendant is charged by a fictitious or erro- neous name, and in any stage of the proceedings his true name is discovered, it must be inserted in the subsequent proceeding, referring to the fact of his being charged by the name mentioned in the indictment or information. En. February 14, 1872. Am'd. 1880, 13. Cah Eep. Cit. 65, 615; 78, 85; 106, 640; 109, 280. Crim. Prac. Act, sec. 240. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 954. May charge different offenses under separate counts relating to same act; election. The indictment or 343 RULES OF PLEADING. §§ 955, a56 information may charge different offenses, or different state- ments 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 re- quired to elect between the different offenses or counts set forth in the indictment or information, but the defendant can be conyicted of but one of the offenses charged, and the same must be stated in the verdict. En. February 14, 1872. Am'd. 1873-4, 437; 1880, 13; 1905, 772. The amendment is designed to authorize an offense to be set forth under different counts, and to excuse tlie prosecution from electing between them. Justice Shaw of the Supreme Court strongly urges the change. — Code Commissioner's Note. Cal. Eep, Cit. 48, 190; 49, 453; 58, 103; 65, 146; 66, 675; 94, 597; 111, 254; 113, 179; 130, 4; 146, 303. Grim. Prac. Act, sec. 241. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 27, 401; 28, 216. § 955. Statement as to time when oflfense was commit- ted. 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 finding or filing thereof, except where the time is a material ingredient in the offense. En. February 14, 1872. Am'd. 1880, 13. Cal. Rep. Cit. 68, 437; 73, 221; 104, 612; 137, 644; 137, 645. Crim. Prac. Act, sec. 242. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. See post, sec. 959. § 956. Statement as to person injured or intended to be injured. 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 injured, is not material. En. February 14, 1872. Cal. Rep. Cit. 59, 361; 67, 56; 69, 237; 70, 532; 71, 21; 72, 403; 74, 191; 79, 180; 80, 207; 89, 496; 96, 175; 112, 335; 120, 662; 142, 107; 142, 108; 142, 109; 142, 110; 143, 353. §§ 957-959 RULES OF PLEADING. 344 Crira. Prac. Act, sec. 243. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 17, 336; 28, 216; 29, 262; 35, 113; 37, 280; 41, 236. § 957. Construction of words used. The words used in an indictment or information are construed in their usual acceptance in common language, except such • words and phrases as are defined by law, which are construed accord- ing to their legal meaning. En. February 14, 1872. Am'd. 1880, 13. Cal. Rep. Cit. 90, 571; 120, 663; 145, 503. Crim. Prac. Act, sec. 244. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Words and phrases defined by law: See ante, sec. 7. § 958. Words used in a statute need not be strictly pur- sued. Words 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. En. February 14, 1872. Am'd. 1880, 13. Cal. Rep. Cit. 58, 227; 63, 28; 90, 571; 93, 631; 106, 407; 134, 303. Crim. Prae. Act, sec. '245. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 35 114. § 959. Indictment or information, when suflacient. The indictment or information is sufficient, if it can be under- stood therefrom: 1. That it is entitled in a court having authority to re- ceive 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 infor- mation, that it was subscribed and presented to the court by the district 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 dis- trict attorney, as the case may be, unknown. 345 RULES OF PLEADING. § 960 4. That the offense was committed at some place within the jurisdiction of the court, except wliere the act, thougli done without the local jurisdiction of the county, is tri- able 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 language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended. 7. 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. En. February 14, 1872. Am'd. 1880, 13. Cal. Eep. Cit. 49, 391; 57, 565; 58, 228; 73, 359; 75, 630; 77, 149; 77, 447; 78, 90; 80, 288; 93, 583; 96, 175; 103, 676; 106, 407; 118, 26; 136, 392; 137, 264. Subd. 3—127, 378. Subd. 5—99, 329; 137, 644. Subd. 6— 80, 230; 89, 496; 90, 572; 93, 445; 125, 370; 145, 503. Grim. Prac. Act, sec. 246. En. April 20, 1850. Eep. 1851. 290. En. 1851, 212. Cal. Rep. Cit. 6, 203; 6, 488; 9, 55; 21, 403; 27, 511; 31, 418; 35, 673; 37, 280; 39, 332. Form of indictment or information: See ante, sec. 951. Indictment for particular crime: See Particular Crime. Finding of indictment: Ante, sec. 940. Statement of acts constituting the offense: See ante, "sec. 950. Number of • counts in indictment: See ante, sec. 954. § 960. Not insufficient for defect of form not tending to prejudice defendant. No indictment or information is in- siiHii'ient, nor can tlie trial, judgment, or other proceeding thereon be affected by reason of any defect or imperfection in matter of form which docs not tend to the prejudice of a substantial right of the defendant upon its merits. En. February 14, 1872. Am'd. 1880, 14. Cal. Rep. Cit. 56, 444; 58, 228; 61, 390; 64, 54; 64, 426; 65, 446; 75, 99; 77, 149; 78, 90; 80, 288; 81, 279; 88, §§ 961-964 RULES OP PLEADING. 346 139; 90, 572; 93, 583; 102, 242; 103, 677; 106, 408; 120, 663; 125, 370; 127, 378; 133, 73; 137, 264; 138, 535; 139, 116; 143, 353; 145, 504. Crim. Prac. Act, sec. 247. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Kep. Cit. 9, 55; 28, 210; 28, 329; 31, 418; 39, 331. § 961. Presumptions of law, etc., need not he stated. Neither presumptions of law, nor matters of which judicial notice is taken, need be stated in an indictment or informa- tion. En. February 14, 1872. Am'd. 1880, 14. Crim. Prac. Act, sec. 248. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 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 judg- ment or determination may be stated as given or made, or the proceedings had. The facts constituting jurisdiction, however, must be established on the trial. En. February 14, 1872. Cal. Eep. Cit. 136, 393. Crim. Prac. Act, sec. 249. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 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 passage, and the court must thereupon take judicial notice thereof. En. 'February 14, 1872. Cal. Eep. Cit. 115, 447; 126, 229. Crim. Prac. Act, sec. 250. En, April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 964. Pleading 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 347 RULES OF PLEADING. §§ 965-967 the fact that it was so published must be established on the trial. En, February 14, 1872. Am 'd. 1880, 14. Cal. Eep. Cit. 139, 120. Grim. Prac. Act, sec. 251. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 965. Pleading for forgery, where the instrument has been destroyed or withheld by defendant. When an in- strument which is the subject of an indictment or informa- tion for forgery has been destroyed or withheld by the act or the procurement of the defendant, and the fact of such destruction or withholding is alleged in the indict- ment or information, and established on the trial, the misdescription of the instrument is immaterial. En. Feb- ruary 14, 1872. Am'd. 1880, 14. Grim. Prac. Act, sec. 252. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 966. Pleading for perjury or subornation of perjury. In an indictment or information for perjury, or subornation of perjury, it is suflB.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 ad- minister it, with proper allegations of the falsity of the matter on which the perjury is assigned; but the indict- ment 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 whom the perjury was committed. En. February 14, 1872. Am'd. 1880, 14. Gal. Eep. Cit. 64, 341; 77, 14; 113, 75; 124, 464; 131, 249; 137, 264. Grim. Prac. Act, sec. 253. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. See ante, sees. 118, 127. § 967. Pleading 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 per- son of any such property, it is sufficient to allege the larceny or embezzlement, or the conspiracy to cheat and §§ 968-970 RULES OF PLEADING. 34S defraud, to be of money, bank-notes, certificates of stock, or valuable securities, without specifying the coin, number, denomination, or kind thereof. En. February 14, 1872. Am'd. 1873-4, 438; 1880, 15. Cal. Eep. Cit. 89, 226; 100, 439; 106, 323; 108, 541. See ante, sees. 954, 958. § 968. Pleading for selling, exhibiting, etc., lewd and obscene books. An indictment or information for exhibit- ing, publishing, passing, selling, or offering to sell, or hav- ing in possession, with such intent, any lewd or obscene book, pamphlet, picture, print, card, paper, or writing, need not set forth any portion of the language used or figures shown upon such book, pamphlet, picture, print, card, paper, or writing; but it is sufficient to state generally the fact of the lewdness or obseenitv thereof. En. February 14, 1872. Am'd. 1880, 15. § 969. Previous conviction of another offense. In char^ ing in an indictment or information the fact of a previous conviction of a 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 was had) convicted of a felony (or attempt, etc., or petit larceny)." If more than one previous con- viction is charged, the date of the judgment upon each con- viction must be stated, but not more than two previous con- victions must be charged in anv one indictment or informa- tion. En. February 14, 1872. Am'd. 1873-4, 438. Eep. 1880, 15. En. 1905, 772. This is the section as it existed prior to its repeal in ISSO. It is be- lieved that no good reason for such repeal existed.— Code Commis- missioner's Note. Cal. Eep. Cit. 57, 560; 57, 561; 64, 154; 64, 339; 64, 340; 64, 403; 65, 298; 73, 447; 73, 451; 88, 118; 138, 535; 142, 13. § 970. Indictment against several, one or more may be acquitted. Upon an indictment or information against several defendants, any one or more may be convicted or acquitted, n. February 14, 1872. Am'd. 1880, 15. Crim. Prac. Act, see. 254. En. Ajml 20, 1850. Eep. 1851, 290. En. 1851, 212. 349 RULES OF PLEADING. §§ 971, HTs § 971. Distinction between accessory before the fact and principal abrogated. The distinction between an ac- cessory before the fact and a principal, and between prin- cipals in the first and second degree, in cases of felony, is abrogated; and all persons concerned in the eommission of a felon}', whether they directly commit the act con- stituting the offense, or aid and abet in its commission, though not present, shall hereafter be prosecuted, tried, and punished as principals, and no other facts need be alleged in any indictment or information against such an accessory than are required in an indictment or informa- tion against his principal. En. February 14, 1872. Am'd. 1873-4, 438; 1880, 15. Cal. Rep. Cit. 66, 393; 78, 87; 78, 89; 122, 492; 123, 412; 144, 79; 144, 80. Crim. Prac. Act, sec. 25.5. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 6, 24; 27, 341; 40, 141. § 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 mav have been acquitted. En. Feb- ruary 14, 1872. Am'd. 1873-4, 439; 1880, 15. Crim. Prac. Act, sec. 256. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. ARRAIGNMENT OF DEFENDANT. TITLE VI. OF PLEADINGS AND PROCEEDINGS AFTER INDICT- MENT AND BEFORE THE COMMENCEMENT OF THE TRIAL. Chapter I. Of the Arraignment of the Defendant, §§ 976- 990. II. Setting Aside the Indictment, §§ 995-999. IIL Demurrer, §§ 1002-1012. IV. Plea, §§ 1016-1025. V. Transmission of Certain Indictments from the County Court to the District Court of Muni- cipal Criminal Court of San Francisco, §§ 1028-1030. VI. Removal of the Action before Trial, §§ 1033- 1038. VIL The Mode of Trial, §§ 1041-1043. Vin. Formation of the Trial Jury and the Calendar of Issues for Trial, §§ 1046-1049. IX. Postponement of the Trial, § 1052. CHAPTER L OF THE ARRAIGNMENT OF THE DEFENDANT. § 976. Defendant must be arraigned in the court wliere the indict ment is filed or transferred. § 977. Defendant, when to be present at arraignment. § S78. 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. § 983. Bench-warrant, how served. § 984. Proceeding on giving bail in another county. § 985. Ordering defendant into custody or increasing bail when Indict- ment is for felony. § S86. Defendant, if present when order made, to be committed; it not, bench-warrant to issue. § 987. Right to counsel on arraignment. § 988. Arraignment, how made. § 989. Proceedings on arraignment, when defendant is not Indicted by his true name. § 990. Time allowet, and how defendant may answer on arraignment. § 976. Defendant must be arraigned in the court where the indictment is filed or transferred. When the indict- 351 ARRAIGNMENT OF DEFENDANT. §§ 977, 980 ment or information is filed, the defendant must be ar- raigned thereon before the court in which it is filed, unless the cause is transferred to some other county for trial. En. February 14, 1872. Am'd. 1880, 15. Cal. Eep. Cit. 60, 105; 60, 106; 78, 564; 142, 109. Crim. Prac. Act, sec. 258. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 977. Defendant, when to be present at arraignment. If the indictment or information be for a felony, the de- fendant must be personally present; but if for a misde- meanor, he may appear upon the arraignment by counsel. En. February 14, 1872. Am'd. 1880, 16. Cal. Eep. Cit. 55, 298; 57, 350. Crim. Prac. Act, sec. 259. En. April 20, 1850. Eep. 1851,' 290. En. 1851, 212. Cal. Eep. Cit. 42, 168. See Const. Cal., art. I, sec. 13. § 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. En. February 14, 1872. Cal. Eep. Cit, 57, 350. Crim. Prac. Act, sec. 260. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 979. If discharged on bail, bench-warrant to issue. If the defendant has been discharged on bail, or has depos- ited money instead thereof, and do not appear to be ar- raigned when his personal attendance is necessary, the court, in addition 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. En. February 14, 1872, Cal. Eep. Cit 55, 298; 56, 84; 57, 350. Crim. Prac. Act, sec. 261. En. April 20, 1850. Eep. 1851, 290, En. 1851, 212, Cal. Eep. Cit. 35, 109. § 980. Bench-warrant, by whom and how issued. The clerk, on the application of the district attorney, may, at §§ 9S1, 982 ARRAIGNMENT OF DEFENDANT. 352 any time after the order, whether the court is sitting or not, issue a benoli-warrant to one or more counties. En. February 14, 1872. Cal. Eep. Cit. 55, 298. Crim. Prac. Act, sec. 262. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 35, 109. § 981. Form of bench-warrant. The bench-warrant upon the indictment or information must, if the offense is a felony, 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: An indictment having been found [or information filed] on the day of , A. D. eighteen , in the superior 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 and information has been sent to another court, then before that court, naming it] to answer said indict- ment [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. . Bv order of said court. [Seal.] E. P., Clerk. En. February 14, 1872. Am'd. 1880, 16. Cal. Eep. Cit. 54, 103; 55, 298. Crim. Prac. Act, sec. 263. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Am'd. 1863, 159-. § 982. Directions in the bench-warrant. The defendant, when arrested under a warrant for an offense not bail- able, must be held in. custody' by the sheriff of the county in which the indictment is found or information &\e^, 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 follow- ing effect: "Or, if he requires it, that you take him before any magistrate in that county, or in the county in which you arrest him, that lie may give bail to answer to the in- 353 ARRAIGNMENT OF DEFENDANT. §§ 9S3-3S5 dictment, 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 admitted to bail in the sum of dollars." En. February 14, 1872. Am'd. 1880, 16. Cal. Rep. Cit. 54, 103; 55, 298. Crim. Prac. Act, sec. 264. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Crim. Prac. Act, sec. 265. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Crim. Prac. Act, sec. 266. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212, § 983. Bench-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 not be indorsed by the magistrate of that county. En. February 14, 1872. Cal. Rep. Cit. 55, 298. Crim. Prac. Act, sec. 2G7. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 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 defendant had been brought before him upon a warrant of arrest, and the same proceedings must be had thereon. En. February 14, 1872. Cal. Rep. Cit. 55, 298. Crim. Prac. Act, sec. 268. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. See Arrest, ante, sees. 841-851. § 985. Ordering defendant into custody or increasing bail when indictment is for felony. When the information or indictment is for a felony, and the defendant, before »the filing thereof, has given bail for his appearance to answer the charge, the court to which the indictment or informa- tion is presented, or in which it is pending, may order the defendant to be committed to actual custody, unless he Pen. Code— 23 §§ 986-988 ARRAIGNMENT OF DEFENDANT. 354 gives bail in an increased amount, to be specified in the order. En. February 14, 1872. Am'd. 1873-4, 439; 1880, 16. Grim. Prac. Act, sec. 269. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 35, 109. § 986. Defendant, if present when order made, to be committed; if not, bench-warrant to issue. If the defend- ant is present when the order is made, he must be forth- with committed. If he is not present, a bench-warrant must be issued and proceeded upon in the manner provided in this chapter. En. February 14, 1872. Grim. Prac. Act, sec. 270. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 987.. Eight to counsel on arraignment. If the defend- ant 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 counsel, the court must assign counsel to defend him. En. February 14, 1872. Cal. Rep. Cit. 55, 298; 66, 229; 102, 231; 137, 645. Grim. Prac. Act, sec. 271. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Right to have counsel: Article VI of the amendments to the constitution of the United States; art. I, sec. 13, state constitution. § 988. Arraignment, how made. The arraignment must be made by the court, or by the clerk or district attorney under its directiou, and consists in reading the indictment or information 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 or information. En, February 14, 1872. Am'd. 1880, 16. 355 ARRAIGNMENT OF DEFENDANT. §§ 989, 990 Cal. Rep. Cit. 65, 296; 65, 297; 66, 229; 71, 387; 73, 445; 73, 446; 76, 347; 88, 117; 104, 377; 137, 645; 145, 610; 145, 611. Crim. Prac. Act, sec. 272. En. April 20, 1850. Reix 1851, 290. En. 1851, 212. Cal. Eep. Cit. 28, 330. See ante, sees. 858, 859, 976, and post, sec. 990. § 989. Proceedings on arraignment, when defendant is not indicted by his true name. When the defendant is arraigned, 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 indictment or information. If he gives no other name, • the court may proceed accordingly; but if he alleges that another name is his true name, the court must direct an entry thereof in the minutes of the arraignment, and the subsequent 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. En. February 14, 1872. Am'd. 1880, 17. Cal. Eep. Cit. 66, 229; 109, 280. Crim. Prac. Act, sec. 273. En. April 20, 1850. Rep. 1851, 290. En, 1851, 212. Cal. Rep. Cit. 6, 212. Crim. Prac. Act, sec. 274. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Crim. Prac. Act, sec. 275. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. See ante, sec. 988. § 990. Time allowed, and how defendant may answer on arraignment. If, on the arraignment, the defendant re- quires it, he must be allowed a reasonable time, not less than one day, to answer the indictment or information. He may, in answer to the arraignment, move to set aside, de- mur, or plead to the indictment or information. En. Feb- ruary 14, 1872. Am'd. 1880, 17. Cal. Eep. Cit. 90, 200. § 993 SETTING ASIDE INDICTMENT. 355 Crim. Prac. Act, sec. 276. En. April 20, 1850. Rep. 1851, 290. En 1851, 212. Crini. Prac. Act, sec. 277. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 21, 372; 26, 111; 28, 272; 34, 308. CHAPTER II. SETTING ASIDE THE I.NDICTMENT. § 99n. Indictment, when set aside on motion. § 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 submi.ssion. § 999. Order no bar to another prosecution. § 995. Indictment, when set aside on motion. The in- dictment 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 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 in- dorsed 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 under consideration, except as pro- vided in section nin-e hundred and twenty-five. 4. When the defendant had not been held to answer be- fore 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 information: 1. Thaht 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. En. February 14, 1872. Am 'd. 1880, 43. 357 SETTING ASIDE INDICTMENT. §g »««, mi Ccal. Eep. Cit. 49, 650; 49, 651; 54, 38; 54, 399; 56, 38; 59, 365; 64, 261; 64, 382; 64, 528; 65, 218; 65, 614; 65, 615; 68, 503; 69, 547; 69, 602; 71, 212; 71, 213; 76, 345; 82, 621; 83, 558; 88, 85; 88, 235; 90, 200; 91, 642; 115, 60; 117, 560; 122, 39; 130, 74; 139, 429; 145, 37. Subd. 1—76, 344; 143, 218. Subd. 2—76, 344. Subd. 3—54, 39; 132. 200. Subd. 4—119, 2; 119, 325; 135, 151. Crim. Prac. Act, see. 278. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 4, 219; 4, 225; 21, 372; 26, 114; 28, 272; 46, 147; 46, 154. Crim. Prac. Act, sec. 279. En. April 20, 1850. Rep. 1S51, 290. En. 1851, 212. Cal. Rep. Cit. 34, 308. § 996. Defendant waives objections, 'jiilass he makes the motion. If the motion to set aside the indictment or information is not made, the defendant is precluded from afterward taking the objections mentioned in the last sec- tion. En. February 14, 1872. Am 'd. 18S0, 17. Cah Rep. Cit. 48, 550; 82, 621; 90, 200. Crim. Prac. Act, sec. 280. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 21, 372; 28, 272; 34, 308; 48, 550. § 997. Motion, when heard. If denied or granted, what proceedings are to be had. The motion must be beard at the time it is made, unless for cause the court postpones the hearing to another time. If the motion is denied, the defendant must ininitdiatrly answer the indictment or in- formation, either by demurring or pleading thereto. If the motion is granted, the court must order that the defend- ant, if in custody, 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. §§ 998, 999 SETTING ASIDE INDICTMENT. 35S unless it directs that the case be resubmitted to the same or another grand jury, or that an information be filed by the district attorney; provided, that after such order of re- submission the defendant may be examined before a magis- trate, and discharged or committed by him. as in other casps, if before indictment or information filed he has not been examined and committed by a magistrate. En. February 14, 1872. Am'd. 1880, 17. Cal. Eep. Cit. 88, 85; 101, 515; 127, 64; 130, 74. Crim. Prac. Act, sec. 281 En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Crim. Prac. Act, sec. 282. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Crim. Prac. Act, sec. 283. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Resubmission of charge: See ante, sec. 942. Jeopardy: See ante, sec. 687. § 998. Effect of order for submission. If the court di- rects 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 indictment is found, or information filed before the next grand jury of the county is discharged, the court must, on the discharge of such grand jury, make the order pre- scribed by the preceding section. En. February 14, 1872. Am'd. 1880, 17. Crim. Prac. Act. sec. 284. En. April 20, 1850. Rep. 1851, .290. En. 1851, 212. Crim Prac. Act, sec. 285. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 999. Order no bar to another prosecution. An order to set aside an indictment or information, as provided in 359 DEMURRER. . §§ 1002-1004 this chapter, is no bar to a future prosecution for the same offense. En. February 14, 1872. Am'd. 1880, 18. Cal. Rep.Cit. 123, 455; 127, 64; 130, 75. Grim. Prac. Act, sec. 286. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Jeopardy: See ante, sec. 687. CHAPTER III. DEMURRER. § 1002. Pleading on part of defendant. § 100,3. Demurrer or plea, when put in. § 1004. Grounds for demurrer. § 100.5. Demurrer, how put in, and its form. § 1006. When heard. § 1007. Judgment on demurrer. § lOOS. If allowed, bar to another prosecution, when. § 1009. If resubmission not ordered, defendant discharged, etc. § lOlO. Proceedings, if submission ordered. § 1011. Proceedings, if demurrer is disallowed. § 1012. Objection, forming ground of demurrer, when taken. § 1002. Pleading on part of defendant. The only plead- ing on the part of the defendant is either a demurrer or a plea. En. February 14, 1872. Crim. Prac. Act, see. 287. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1003. Demurrer or plea, when put in. Both the de- murrer and plea must be put in, in open court, either at the time of the arraignment or at such other time as may be allowed to the defendant for that purpose. En. Feb- ruary 14, 1872. Crim. Prac. Act, sec. 288. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Time to plead: Ante, sec. 990. § 1004. Grounds for Demurrer, 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 § 1005 DEMURRER. 360 charged, by reason of its not being within the legal jurisdic- tion 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; 3. That more than one offense is charged, except as pro- vided in section nine hundred and fifty-four; 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 charged, or other legal bar to the prosecution. En. February 14, 1872. Am'd. 1880, 18; 1905, 772. The change consists in the insertion of the words "except as providea in section 954,"' after "warden." The object of the amendment is to make this section conform to the proposed change in section 954. — Code Commissioner's Note. Cal. Rep. Cit. 47, 108; 47, 113; 48, 252; 48, 559; 49, 390; 56, 535; 58, 225; 64, 158; 64, 261; 68, 504; 71, 389; 71, 392; 77, 34; 82, 620; 82, 621; 85, 89; 103, 428; 103, 677; 119, 168; 120, 661; 131, 250; 138, 535. Subd. 1— 133, 624. Subd. 2—107, 480. Subd. 3—106, 640. Subd. 4—133,' 624. Crim. Prac. Act, sec. 289. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 17, 361; 27, 402; 29, 262; 43, 83. Subd. 2. Specific requirements, etc.; See ante, sees. 950, 931, 952, 954, 959. Waiver of objection by not demurring: See post, sec. 1012. § 1005. Demurrer, how put in, and its form. The de- murrer must be 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. En. February 14, 1872. Am'd. 1880, 18. Cal. Rep. Cit. 138, 535. 361 DEMURRER. §§ 1006-lOOS Crim. Prac. Act, sec. 290. En. April 20, 18.50. Eep. 1851, 290. En. 1851, 212. § 1006. When heard. Upon the demurrer being' filed, the argument upon the objections presented thereby must be neard, either immediately or at such time as the court may appoint. En. February 14, 1872. Crim. Prac. Act, sec. 291. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1007. Judgment on demurrer. Upon considering the demurrer, the court must give judgment, either allowing or disallowing it, and an order to that effect must be en- tered upon the minutes. En. February 14, 1872. Cal. Eep. Cit. 65, 566; 65, 645; 121, 494. Crim. Prac. Act, sec. 292. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1008. If allowed, bar to another prosecution, when. 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 informa- tion, directs the case to be submitted to the same or another grand jury, or directs a new information to be filed; pro- vided, that after such order or resubmission, the defendant may be examined before a magistrate, and discharged or com- mitted by him, as in other cases. En. February 14, 1872. Am'd. 1880, 18; 190.5, 773. The purpose of the amendment is to authorize, where a demurrer to an indictment is sustained, the resubmission of the charge to the grand jury which found the original indictment, if it has not been discharged. This amendment changes the rule announced in Terrlll V. Superior Court, 60 Pac. Rep. 516. To accomplish this, the words "the same or" have been inserted before the word "another." — Code CommiBsioner's Note. Cal. Eep. Cit. 63, 219; 77, 34; 107, 478; 116, 513; 116, 514; 117, 560; 118, 27; 132, 39; 143, 217. §§ 1009-1011 DEMURRER. 562 Crim. Prac. Act, sec. 293. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 28, 274; 28, 275; 28, 276; 39, 609. § 1009. If resubmission not ordered, defendant dis- charged, etc. If the court does not permit the information to be amended, nor direct that an information be filed, or that the case be resubmitted, as provided in the preceding section, the defendant, 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 re- funded to him. En. February 14, 1872. Am'd. 1880, 18. Cal. Rep. Cit. 116, 514. Crim Prac. Act, sec. 294. En. April 20, 1850. Rep. 1851, 290. En; 1851, 212. Cal. Eep. Cit. 39, 609. § 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 hundred and ninety-seven and nine hundred and nine-eight. En. February 14, 1872. Crim. Prac. Act, sec. 295. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 39, 609. § 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. En. Feb- ruary 14, 1872. Cal. Rep. Cit. 68, 181; 102, 232. Crim. Prac. Act, sec. 296. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 28, 268; 28, 269; 28, 273; 28, 274; 28, 275; 28, 276. See ante, sec. 689. 363 PLEA. §§ 1012, 1016 § 1012. Objection, forming ground of demurrer, when taken. When the objections mentioned in section one thousand and four appear on the face of the indictment or information, they can only be taken by demurrer, ex- cept 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, under the plea of not guilty, or after the trial, in arrest of judgment. En. February 14, 1872. Am'd. 1880, 19. Cal. Eep. Cit. 47, 108; 58, 225; 64, 158; 66, 230; 68, 504; 71, 389; 90, 199; 100, 439; i03, 428; 103. 566; 103, 677; 119, 168; 127, 549; 131, 250; 133, 624; 138, 535; 145, 503. Grim. Prac. Act, sec. 297. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 7, 136; 17, 361; 27, 402; 27, 403; 28, 469. CHAPTER IV. PLEA. § 1016. The different kinds of pleas. § 1017. Plea, how put in, and it.s form. § 1018. Plea of guilty, how put in, and when withdrawn. § 1019. What plea of not guilty puts in issue. § lOJO. 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 for a higher offense, effect of. § 1024. Defendant refusing to answer, plea of not guilty. § 1025. Previou.s con\-iction. § 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 guilty. 4. Once in jeopardy. En. February 14, 1872. Am'd. 1880, 44. §§ 1017, 1018 PLEA. 364 Cal. Eep. Cit. 48, 329; 49, 396; 60, 86. Crim. Prac. Act, sec. 298. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1017. Plea, how put in, and its form. Every plea must be oral, and entered upon the minutes of the court in sub- stantially the following form: 1. If the defendant plead guilty: "The defendant pleads that he is guilty of the offense charged." 2. If he plead not guilty: "The defendant pleads that he is not guilty of the offense charged. ' ' 3. If he plead a former conviction or acquittal: "The defendant pleads that he has already been convicted [or acquitted] of the offense charged by the judgment of tlio court of [naming it], rendered at [naming the place], on the day of . " 4. If he pleads once in jeopardy: "The defendant pleads that he has been once in jeopardy for the offense charged [specifying the time, place, and court]." En. February 14, 1872. Am'd. 1880, 44. Cal. Eep. Cit. 47, 124; 49, 395; 52, 480; 55, 298; 64, 403; 73, 445; 77, 33; 101, 282; 146, 315. Subd. 4—143, 129. Crim. Prac. Act, see. 299. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 4, 242. Crim. Prac. Act, sec. 300. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 32, 433. Pleas generally: Ante, sec. 1016. Plea of guilty. — This plea can only be put in by the de- fendant himself in open court, unless upon indictment against a corporation, in which case it may be put in by counsel: Post, sec. 1018. Insanity: Ante, sec. 26 subd. 3. Evidence under plea of not guilty: Post, sec. 1020. § 1018. Plea of guilty, how put in, and when withdrawn. A plea of guilty can be put in b}^ the defendant himself only in open court, unless upon indictment of information 365 PLEA. §§ 1019-102] against a corporation, in which case it may be put in by counsel. 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. En. February 14, 1872. Am'd. 1880, 19. Cal. Eep. Cit. 82, 618; 82, 619; 114, 16. Crim. Prac. Act, sec. 301. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 4, 242. Crim. Prac. Act, sec. 302. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 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. En. February 14, 1872. Am'd. 1880, 19. Cal. Rep. Cit. 60, 86; 88, 117. Crim. Prac. Act, sec. 303. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 43, 152. § 1020. What may be given in evidence under plea of not guilty. All matters of fact tending to establish a de- fense, other than one specified in the third and fourth sub- division of section one thousand and sixteen, may be given in evidence under the plea of not guilty. En. February 14, 1872. Am'd. 1880, 44; 1905, 773. Cal. Rep. Cit. 48, 329; 60, 86; 114, 59; 146, 31.1; 146, 314; 146, 315. Crim. Prac. Act, sec. 304. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1021. What is not a former acquittal. If the defendant was formerly acquitted uii tlie ground of variance between the indictment or information and the proof, or the indict- ment or information was dismissed upon an objection to its form or substance, or in order to hold the defendant for a §§ 1022-1024 PLEA. 3fi6 higher offense, without a judgment of acquittal, it is not an acquittal of the same offense. En. February 14, 1872. Am'd. 1880, 19. Cal. Eep. Cit. 70, 65; 79, 179; 79, 181; 132, 500; 133, 129. Grim. Prac. Act, sec. 305. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 41, 236. § 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. En. February 14, 1872. Am'd. 1880, 19. Crim. Prac. Act, sec. 306. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1023. Conviction or acquittal for a higher offense, effect of. When the defendant is convicted or acquitted, or has been once placed in jeopardy upon an indictment or information, the conviction, acquittal, or jeopardy is a bar to another indictment or information 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 or information. En. February 14, 1872. Am'd. 1880, 45. Cal. Eep. Cit. 99, 231; 132, 500; 133, 129; 138, 484. Crim Prac. Act, sec. 307. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. See ante, sec. 1016, subd. 3. § 1024. Defendant refusing to answer, plea of not guilty. If the defendant refuses to answer the indictment or in- formation by demurrer or plea, a plea of not guilty must be entered. En. February 14, 1872. Am'd. 1880, 19. Cal. Eep. Cit. 71, 396. Crim. Prac. Act, sec. 308. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 28, 269. TRANSMISSION OF PLEA. § 1025 § 1025. Previous conviction. When a defendant who is charged in the indictment or information with having suf- fered 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 pre- vious 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 con- clusive of the fact of his having suffered such previous con- viction in all subsequent proceedings. If he answers that he has not, his answer must be entered by the clerk in the minutes 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 equiva- lent to a denial that he has suffered such previous convic- tion. In case the defendant pleads not guilty, and an- swers that he has suffered the previous conviction, the charge of the previous conviction must not be read to the jury, or alluded to on the trial. En. Stats. 1873-4, 439. Eep. 1880, 19. En. 1905, 773. This is the section as it existed prior to its repeal in 1S80. By such repeal no provision was left for any plea to a charge of former con- viction, and it is believed this should be provided for in the Code. — Code Commissioner's Note. Cal. Eep. Cit. 57, 561; 57, 572; 64, 339; 64, 340; 64, 341; 65, 298; 73, 443; 73, 444; 73, 445; -73, 446; 73, 447; 73, 450; 73, 451; 88, 118; 142, 13. §§ 1028-1030 TRANSMISSION OF INDICTMENTS. 36S CHAPTER V. TR'N?MIPSICN OF CERTAIN INDICTMENTS FROM THE COUNTY COrRT TO THE DISTRICT COURT, OR MUNICIPAL CKiMlNAl. COURT OF SAN FRANCISCO. § 1028. Transmission of Indictments from the county to district courts. (Repealed.) § 1029. Indictments against a superior judge. § 1030. Indictments transmitted to munlcii al criminal court. (Re- pealed.) § 1028. Transmission of indictments from the county to district courts. (Eepealed.) En. February 14, 1872. Am'd. 1873-4, 440. Rep. 1880, 6. Cal. Rep. Cit. 51, 601. Crim. Prac. Act, see. 309. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1860, 31; 1863, 160. Cal. Rep. Cit. 4, 241. § 1029. Indictments against a superior judge. 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 thereupon designate and direct a judge of the superior court of another county to preside at the trial of such indictment or information, and hear and determine all pleas and motions affecting the defendant thereunder before and after judgment. En. February 14, 1872. Am'd. 1873-4, 440; 1880, 6. Cal. Rep. Cit. 81, 569. Crim. Prac. Act, sec. 310. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1863, 160. § 1030. Indictments transmitted to municipal criminal court. (Repealed.) Eu. February 14, 1872. Rep. 1880, 6. 369 REMOVAL OF ACTION BEFORE TRIAL. §§ 1033, 1034 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. § 103S. Proceedings on removal. Transmission of papers. § 1033. When action may be removed. A criminal ac- tion may be removed from the court in which it is pend- ing on application of the defendant, on the ground that a fair and impartial trial cannot be had in the county. En. February H, 1872. Am'd. 1880, 19; 18S7, 61; 1905, 695. The change consists in the omission of the word "first," after "pend- ing," and of the words "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," after "county," the pro- vision relative to a change of the place of trial in a criminal action on application of the distrct attorney having been held unconstitu- tional in People v. Powell, 87 Cal. 348.— Code Commissioner's Note. Cal. Rep. Cit. 56, 328; 56, 329; 56, 330; 65, 147; 80, 298; 87, 350; 87, 354; 87, 361; 87, 366; 132, 632. Crim. Prac. Act, sec. 312. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Change of venue in criminal cases. — Section 397 of the Code of Civil Procedure, providing for the change of the place of trial in civil actions, has no application to crim- inal 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, sections 1033-1038, in- clusive. § 1034. Application for removal, how made. The appli- cation for removal must he 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 attor- ney at least one day prior to the hearing of the applica- Pen. Code— 24 §§ 1035-1036 REMOVAL OF ACTION BEFORE TRIAL,. 370 tion. 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 can- not safely appear in person to make such application be- cause popular prejudice is so great as to endanger his per- sonal safety, and such statement is sustained by other tes- timony, such application may be made by his attorney, and must be heard and determined in the absence of the de- fendant, notwithstanding the charge then pending against him be a felony, and he has not at the time of such appli- cation been arrested or given bail, or been arraigned, or pleaded or demurred to the indictment or information. En. Feb. 14, 1872. Am'd. 1887, 61; 1905, 695, The design of the amendment is to conform this section to the amend- ment to the last section. The change consists in the insertion or the words "for removal," after "application"; in the omission of the words "or of the district attorney, as the case m^y be," after "defendant"; in the insertion of the word "district," after "the"; in the omission of the words "of the adverse party," after "attorney"; and in the insertion after "application," of the sentence "At the hearing the district attorney may serve and file such counter affi- davits as he may deem aedvisable." — Code Commissioner's Note. Cal. Eep. Cit. 56, 329; 65, 147. Crim. Prac. Act, sec. 313. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Am'd. 1857, 71. § 1035. Application, when granted. If the court be satisfied 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. En. February 14, 1872. Am'd. 1887, 62. Cal. Eep. Cit. 65, 147; 80; 298. Crim. Prac. Act, see. 314. En. April 20, 1850. Eep. 1851. 290. En. 1851, 212. Am'd. 1863, 160. § 1036. Order of removal. The order of removal must be entered upon the minutes, 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 re- moval, record, pleadings, and proceedings in the action, including the undertakings for the appearance of the de- fendant and of the witnesses. En. February 14, 1872. Cal. Eep. Cit. 71, 605; 142, 357. Crim. Prac. Act, sec. 315. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. 371 MODE OF TRIAL,. §§ 1037-1042 § 1037. Proceedings on removal, if defendant is in cus- tody. If the defendant is in custody, the order must direct his removal, and lie 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. En. February 14, 1872. Crim. Prac. Act, sec. 316. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1038. Proceedings on removal. Transmission of papers. The court to which the action is removed must proceed to trial and judgment therein as if the action had been com- menced in such court. If it is necessary to have any of the original j)leadings 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 coj^y thereof being retained. En. Feb- ruary 14, 1872. Cal. Eep. Cit. 142, 357. Crim. Prac. Act, sec. 317. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Costs on removal of criminal action chargeable against what county: See Pol. Code, see. 4345. CHAPTER VII. THE MODE OF TRIAL. § 1041. Issue of fact defined. § 1042. 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. En. February 14, 1872. Am'd. 1880, 45. Crim. Prac. Act, sec. 318. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1042. How tried. Issues of fact must be tried by jury, unless a trial l>y jury be waived in criminal cases §§ 1043, 1046 FORMATION OF TRIAL JURY. 372 not amounting to felony, by the consent of both parties expressed in open court and entered in its minutes. In cases of misdemeanor the jury may consist of twelve, or any number less than twelve upon which the parties may agree in open court. En. February 14, 1872. Am'd. 1880, 5. Cal. Eep, Cit. 92, 575; 92, 576. Grim. Prac. Act, sec. 319. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. In cases of misdemeanor, 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, sec. 7. Issue of fact defined: Code Civ. Proc, sec. 590. § 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 misde- meanor, the trial may be had in the absence of the defend- ant; if, however, his presence is necessary for the purpose of identification, the court may, upon application of the district attorney, by an order or warrant, require the per- sonal attendance of the defendant at the trial. En. Feb- ruary 14, 1872. Am'd. 1880, 19. Cal. Eep. Cit. 57, 351; 59, 358; 68, 634; 118, 448. Crim. Prac. Act, see. 230. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Am'd. 1863, 160. Cal. Eep. Cit. 17, 400; 42, 168. CHAPTER VIII. FORMATION OF THE TRIAL JURT AND THE CALKNUAR OK ISSUKS FOR TRIAL. § 1046. Formation of trial jury. g 1047. Clerk to prepare a calendar. § 104S. Order of disposing of issues on the calendar. § 1049. Defendant entitled to two days to preiare for trial. § 1046. Formation of trial jury. Trial juries for crim- inal actions are formed in the same manner as trial juries in civil actions. En. February 14, 1872. Cal. Eep. Cit. 119, 622. Crim. Prac. Act, sec. 321. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. 373 POSTPONEMENT OF TRIAL. §§ 1047-1052 Cal. Rep. Cit. 37, 678; 37, 679; 37, 688; 37, 696; 144, 756. Impaneling trial juries: Code Civ. Proc, sees. 246, 247. Formation of jury: Code Civ. Proc, sees. 600-604. Qualifications and exemptions of jurors: Code Civ. Proc, sees. 198-202. § 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 misde- meanor, and whether the defendant is in custody or on bail. En. February 14, 1872. Am'd. 1880, 20. Cal. Eep. Cit. 105, 512. Crim Prac. Act, sec. 322. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 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 custody. 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. En. February 14, 1872. Am'd. 1873-4, 440; 1880, 20. Crim Prac. Act, sec. 323. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1049. Defendant entitled to two days to prepare for trial. After his plea, the defendant is entitled to at least two days to prepare for trial. En. February 14, 1872. Crim. Prac Act, sec. 324. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. CHAPTER IX. POSTPONEMENT OF THE TKIAL. § 10.j2. Postponement, when and how ordered. § 1052. Postponement, when and how ordered. "When an action is called for trial, or at any time previous there- § 1052 CHALLENGING THE JURY. 374 to, the court may, upon sufficient cause, direct the trial to be postponed to another day. En. February 14, 1872. Am'd. 1873-4, 441; 1880, 20. Cal. Rep. Cit. 66, 396; 76, 342; 130, 76; 135, 134. . Crim. Prac. Act, sec. 325. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. TITLE VII. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT. Chapter I. Challenging the Jury, §§ 1055-1089. II. The Trial, §§ 1093-1131. III. Conduct of the Jury after Cause is Submitted to Them, §§ 1135-1143. IV. The Verdict, §§ 1147-1167. V. Bills of Exception, §§ 1170-1177. VI. New Trial, §§ 1179-1182. VII. Arrest of Judgment, §§ 1185-1188. CHAPTER I. CHALLENGING THE JURY. § 1055. Definition and division of challenges. § 1056. Defendants cannot sever in challenges. § 1057. Panel defined. § 10.5S. Challenge to the jury defined. § 1059. Upon what founded. § 1060. When and how taken. § 1061. Exception, if sufficiency of the challenge be 'denied. § 1062. If exception overruled, court may allow denial, etc. § 1063. Denial of challenge, how made, and trial thereof. § 1164. Challenge for bias in summoning officer. § 1065. Proceedings, if challenge allowed. § 1066. Defendant to be informed of his right to challenge. § 1067. Kinds of challenges to individual Juror. § 106S. Challenge, when taken. § 1069. Peremptory challenge, what, and how taken. § 1070. Number of peremptory challenges. § 1071. Definition and kinds of challenge, for cause. § 1072. General causes of challenge. § 1073. Particular cause of challenge. § 1074. Ground of challenge for implied bias. § 1075. Exemption not a grouni of challenge. § 1076. Causes of challenge, how stated. I 1077. Exceptions to challenge and denial thereof. 375 CHALLENGING THE JURY. §§ lU55-lUoS § 1078. Challenge, how tried. § 1079. Triers, how appointed. Majority may decide. (Repealed.) § 1081. Oath of triers. (Repealed.) I 1081. Juror challenged may be examined as a witness. § 10S2. Rules of evidence on trial of challenge. § 1083. Decision of court to be entered. § 1084. Instructions on trial for actual bias. (Repealed.) § 108.5. Verdict of triers, and its effect. (Repealed.) § 1086. Challenges, first by the defendant. § 1087. Order of challenges. § loss. Peremptory challenges, when may be taken. § 1089. Alternate jurors. § 1055, -Definition and division of challenges. A chal- lenge is an objection made to the trial jurors, and is of two kinds: 1. To the panel; 2. To an individual juror. En. February 14, 1872. Crim. Prac. Act, sec. 326. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1056. Defendants cannot sever in challenges. When several defendants are tried together, they cannot sever their challenges, but must join therein. En. February 14, 1872. Crim. Prac. Act, sec. 327. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 8, 303. § 1057. Panel defined. The panel is a list of jurors re- turned by a sheriff, to serve at a particular court, or for the trial of a particular action. En. February 14, 1872, Cal. Rep. Cit. 139, 64. Crim Prac. Act, sec. 328. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212, Selecting and returning jurors: Code Civ. Proc, sees. 204-211. Drawing jurors: Code Civ. Proc, sees, 214-220, Summoning jurors: Code Civ. Proc, sees. 225-228. § 1058. Challenge to the jury defined. A challenge to the panel is an objection made to all the jurors returned, and may be taken by either party. En. February 14, 1872 Crim. Prac. Act, sec. 329. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. §§ 1059-1062 CHALLENGING THE JURY. 376 § 1059. Upon what founded. A challenge to the panel can be founded only on a material departure from the forms prescribed in respect to the drawing and return of the jury in civil actions, or on the intentional omission of the sherijBf to summon one or more of the jurors drawn. En. February 14, 1872. Cal. Eep. Cit. 64, 382; 73, 360; 97, 176; 134, 529; 145, 295. Crim. Prac. Act, sec. 330. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 1, 383. § 1060. When and how taken. A challenge to the panel must be taken before a juror is sworn, and must be in writing or be noted by the phonographic reporter, and must plainly and distinctly state the facts constituting the ground of challenge. En. February 14, 1872. Cal. Eep. Cit. 127, 380; 134, 528. Crim. Prac. Act, sec. 331. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 1, 383. § 1061. Exception, if sufficiency of the challenge be de- nied. If the sufiicieney of the facts alleged as ground of the challenge is denied, the adverse party may except to the challenge. The exception need not be in writing, but must be entered on the minutes of the court, or of the phonographic reporter, and thereupon the court must pro- ceed to try the sufficiency of the 'challenge, assuming the facts alleged therein to be true. En. February 14, 1872. Cal. Eep. Cit. 61, 549. Crim. Prac. Act, sec. 332. En. April 20, 1850. Eep. 1851, 290'. En. 1851, 212. Cal. Eep. Cit, 1, 383. Crim. Prac. Act, sec. 333. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Compare with post, sec. 1077. Exception to ruling: Post, sec. 1170. § 1062. If exception overruled, court may allow denial, etc. If, on the exception, the court finds the challenge 377 CHALLENGING THE JURY. §§ 1063-1065 sufficient, it may, if justice requires it, permit the party excepting to withdraw his exception, and to deny the facts alleged in the challenge. If the exception is allowed, the court may, in like manner, permit an amendment of the challenge. En. February 14, 1872. Cal. Eep. Cit. 61, 549. Grim. Prac. Act, see. 334. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1063. Denial of challenge, how made, and trial thereof. If the challenge 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 proceed to try the question of fact; and upon such trial, the officers, whether judicial or ministerial, whose irregularity is com- plained of, as well as any other persons, may be examined to prove or disprove the facts alleged as the ground of the challenge. En. February 14, 1872. Grim. Prac. Act, sec. 335. En. April 20, 1850. Eep. 1851. 290. En. 1851, 212. Grim. Prac. Act, sec. 336. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1064. Challenge for bias in summoning officer. When the panel is formed from persons whose names are not drawn as jurors, a challenge 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. En. February 14, 1872. Cal. Eep. Git. 49, 177; 49, 178; 76, 346; 95, 427; 101, 283; 108, 583; 116, 195; 122, 236; 127, 380; 134, 529; 134, 534; 134, 544. Grim. Prac. Act, sec. 337. En. April 20, 1850. Eep. 1851, 290. En. 1851, 312. Gal. Eep. Git. 40, 592. § 1065. Proceedings, if challenge allowed. If, eith'er upon an exception to the challenge or a denial of the facts, the challenge is allowed, the court must discharge the jury §§ 10«6-1069 CHALLENGING THE JURY. 378 SO far as the trial in question is concerned. If it is dis- allowed, the «ourt must direct the jury to be impaneled. En. February 14, 1872. Am'd. 1880, 20. Cal. Eep. Cit. 73, 360. Crim. Prac. Act, sec. 338. En. April 20, 1850. Eep. 1851, 290, En. 1851, 212. § 1066. Defendant to be informed of his right to chal- lenge. Before a juror is called, the defendant must be in- formed by the court, or under its direction, that if he in- tends to challenge an individual juror he must do so when the jurors appears, and before he is sworn. En. February 14, 1872. Cal. Eep. Cit. 58, 266; 76, 346; 88, 488; 88, 489; 92, 596; 102, 231; 103, 510. Crim. Prac. Act, sec. 339. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1067. Kinds of challenges to individual juror. A chal- lenge to an individual juror is either: 1. Peremptory; or, 2. For cause. En. February 14, 1872. Crim. Prac. Act, sec. 340. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 37, 678. § 1068. Challenge, when taken. It must be taken when the juror appears, and before he is sworn to try the cause; but the court may for cause permit it to be taken after the juror is sworn, and before the jury is completed. En. February 14, 1872. Cal. Eep. Cit. 47, 122; 53, 577; 76, 347; 87, 120; 105, 338; 116, 197; 116, 198; 123, 488; 139, 216. Crim. Prac. Act, sec. 341. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 4, 200; 16, 131; 24, 13; 37, 678; 37, 679; 37, 680; 37, 690; 37, 693. § 1069. Peremptory challenge, what, and how taken. A peremptory challenge can be taken by either party, and 379 CHALLENGING THE JURY. §§ 1070-1072 may be oral. It is an objection to a juror for which no rea- son need be given, but upon which the court must exclude him. En. February 14, 1872. Crim. Prac. Act, sec. 342. En. April 20, 1850. Am'd. 1850, 332. Eep. 1851, 290. En. 1851, 212. § 1070. Number of peremptory challenges. If the of- fense charged be punishable with death, or with imprison- ment 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 peremptory challenges. En. February 14, 1872. Am'd. 1873-4, 441. Cal. Kep. Cit. 59, 441; 61, 137; 61, 436; 109, 259; 132, 94; 134, 454. Crim. Prac. Act, sec. 343. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 8, 303. § 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, 2. Particular — that he is disqualified from serving in the action on trial. En. February 14, 1872. Cal. Eep. Cit. 70, 11. Crim. Prac. Act, sec. 344. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 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. En. February 14, 1872. Cal. Rep. Cit. 59, 354; 61, 553; 119, 621; 123, 487. §§ 1073. 1074 CHALLENGING THE JURY. 380 Grim. Prac. Act, sec. 345. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Qualifications required of jurors: Code Civ. Proc, sec. 198. See Const., art XX, sec. 11. Exemptions: Code Civ. Proc, sec. 200. § 1073. Particular cause of challenge. Particular causes of challenge are of two kinds: First — For such a bias as, when che 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 parties, which will prevent him from acting with entire impartiality and without prejudice to the substantial rights of either party, which is known in this code as actual bias. En. February 14, 1872. Am'd. 1873-4, 441. Cal. Rep. Cit. 49, 168; 49, 177; 49, 183; 62, 379; 96, 127; 100, 229. Subd. 1—61, 553. Subd. 2—116, 195; 123, 486. Crim. Prac. Act, sec. 346. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1868, 704. Cal. Rep. Cit. 49, 183. Implied bias: Post, see. 1074. Actual bias: Post, sec. 1076. § 1074. Ground of challenge for implied bias. A chal- lenge for implied bias may be taken for all or any of the following causes, and for no other; 1. Consanguinity or affinity within the fourth degree to the person alleged to be injured by the offense charged, or on whose complaint the prosecution was instituted, or to the defendant. 2. Standing in the relation of guardian and ward, at- torney and client, master and servant, or landlord and tenant, or being a member of the family of the defendant, or of the person alleged to be injured by the offense charged, or on whose complaint the prosecution was insti- tuted, or in his employment on wages. 3S1 CHALI^ENGING THE JURY. § 1075 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 whose 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 was set aside, or which was discharged without a verdict, after the case was sub- mitted 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 with death, the entertaining of such conscientious opinions as would pre- clude his finding the defendant guilty; in which case he must neither be permitted nor compelled to serve as a juror. En. February 14, 1872. Am'd. 1873-4, 442; 1880, 20. Cal. Eep. Cit. 49, 169; 49, 183; 59, 355; 61, 549; 61, 553; 62, 380; 76, 346; 117, 666. Subd. 4—116, 509; 119, 621. Subd. 8—65, 148; 137, 317. Crim. Prae. Act, sec. 347. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 16, 130; 16, 132; 37, 259; 37, 279; 41, 39; 41, 430. Formed or expressed an unqualified opinion. — Prior to the amendment of section 1074, adopted in 1874, the sec- tion included, as an additional ground of challenge for implied bias, the following: "Having formed or expressed ati unqualified opinion or belief that the prisoner is guilty or not guilty of the offense charged." § 1075. Exemption not a ground of challenge. An ex- emption from service on a jury is not a cause of chal- lenge, but the privilege of the person exempted. En. Feb- ruary 14, 1872. Cal. Eep. Cit. 123, 486. §§ 1076, 1077 CHALLENGING THE JURY. 382 Crim. Prac. Act, see. 348. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Exemption from jury duty: See Code Civ. Proc, sec. 200. § 1076. Causes o^ challenge, how stated. In a challenge for implied bias, one or more of the causes stated in sec- tion one thousand and seventy-four must be alleged. In a challenge for actual bias, the cause stated in the second subdivision of section one thousand 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 com- mon notoriety; provided it appear to the court, upon his declaration, under oath or otherwise, that he can and will, notwithstanding such an opinion, act impartially and fairly upon the matters to be submitted to him. The challenge may be oral, but must be entered in the minutes of the court or of the phonographic reporter. En. February 14, 1872. Am'd. 1873-4, 443. Cal. Rep. Cit. 59, 354; 61, 549; 61, 553; 100, 229; 100, 230; 100, 231; 105, 512; 108, 583; 124, 317; 125, 46; 125, 47; 139, 429; 140, 271; 142, 445; 145, 298; 147, 550; 147, 552. Crim. Prac. Act, sec. 349. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 7, 144; 16, 130; 37, 259. § 1077. Exceptions to challenge and denial thereof. The adverse party may except to the challenge in the same manner as to a challenge to the panel, and the same pro- ceedings must be had thereon as are prescribed in section one thousand 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 chal- lenge. En. February 14, 1872. Cal. Rep. Cit. 61, 549. Crim. Prac. Act, sec. 350. En. April 20, 1850. Rep. 1851, 290, En. 1851, 212. See ante, sees. 1068, 1073, 1076. Compare with ante, sees. 1061, 1062. Exceptions to court's ruling: Post, sec. 1170. 383 CHALLENGING THE JURY. §§ 1078-10S3 § 1078. Challenge, how tried. If the facts are denied, the challenge must be tried by the court. En. Februarv 14, 1872. Am'd. 1873-4, 443. Cal. Eep. Cit. 49, 183. Crim. Prae. Act, sec. 351. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1079. Triers, how appointed. Majority may decide. (Kepealed). En. February 14, 1872. Eep. 1873-4, 443. Cal. Eep. Cit. 68, 180. Crim. Prac. Act, sec. 352. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1080. Oath of triers. (Eepealed.) En. February 14, 1872. Eep. 1873-4, 443. Crim. Prac. Act, sec. 353. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 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 disprove the challenge, and must answer every question pertinent to the inquiry. En. February 14, 1872. Crim. Prac. Act, sec. 354. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 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. En. February 14, 1872. Crim. Prac. Act, sec. 355. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1083, Decision of court to be entered. The court must allow or disallow the challenge, and its decision must be entered in the minutes of the court. En. February 14, 1872 Am'd. 1873-4, 443. Crim. Prac. Act, sec. 356. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. See ante, sec. 1076, and post, sec. 1170. §§ 1084-10S7 CHALLENGING THE JURY. 3S4 § 1084. Instructions on trial for actual bias. (Eepealed.) En. February 14, 1872. Eep. 1873-4, 444. Crim. Prac. Act, sec. 357. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1868, 704. § 1085. Verdict of triers and its effect. (Repealed.') En. February 14, 1872. Eep. 1S73-4, 444. Crim. Frac. Act, sec. 358. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1086. Challenges, first by the defendant. All chal- lenges to an individual juror, except peremptory, must be taken, first by the defendant, and then by the people, and each party must exhaust all his challenges before the other begins. En. February 14, 1872. Crim. Prac. ^ct, sec. 359. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 6, 409. § 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 panel. 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. En. Feb- ruary 14, 1872. Crim. Prac. Act, sec. 360. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 16, 133. § 1088. Peremptory challenges, when may be taken. If all challenges on both sides are disallowed, either party, first the people and then the defendant, may take a per- emptory challenge, unless the parties' peremptory chal- lenges "^are exhausted. En. February 14, 1872. Cal. Rep. Cit. 48, 559; 65, 148; 96, 318. Crim. Prac. Act, sec. 361. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. 385 CHALLENGING THE JURY. § 10S9 § 1089. Alternate jurors. Whenever, in the opinion of a judge of a superior court about to try a defendant against whom has been filed any indictment or information for a felony, the trial is likely to be a protracted one, the court may cause an entry to that effect to be made in the minutes of the court, and thereupon, immediately after the jury is impaneled and sworn, the court may direct the calling of one or two additional jurors, in its discretion, to be known as "alternate jurors." Such jurors must be drawn from the same source, and in the same manner, and have the same qualifications as the jurors already sworn, and be subject to the same examination and challenges; provided, that the prosecution shall be entitled to • one, and the defendant to two, peremptory challenges to such alternate jurors. Such alternate jurors shall be seated near, with equal power and facilities for seeing and hearing the proceedings in the case, and shall take the same oath as the jurors already selected, and must attend at all times upon the trial of the cause in company with the other jur- ors; and for a failure so to do are liable to be punished for contempt. They shall obey the orders of and be bound by the admonition of the court upon each adjournment of the court; but if the regular jurors are ordered to be kept in the custody of the sheriff during the trial of the cause, such alternate jurors shall also be kept in confine- ment with the other jurors; and except, as hereinafter provided, shall be discharged upon the final submission of the case to the jury. If, before the final submission of the case, a juror die, or become ill, so as to be unable to perform his duty, the court may order him to be dis- charged and draw the name of an alternate, who shall then take his place in the jury-box, and be subject to the same rules and regulations as though he had been selected as one of the original jurors. En. Stats. 1895, 280. Pen. Code— 25 § 1093 THE TRIAL. 386 CHAPTER II. THE TRIAL. § 1093. Order of trial. § 1094. When order of trial may be departed from. § 1095. Number of coun.sel who may argue the case. § 1096. Defendant presumed innocent. Reasonable doubt. § 1097. Reasonable doubt as to degree conyicts only of lowest. § 1098. Separate trials. § 1099. Discharging defendant that he may be a witness. § 1100. Same. § 1101. Effect of such discharge. § 1102. Rules of eyidence in ciyil applicable to criminal cases. § 1103. Evidence on trial for treason. § 1103a. Perjury, how proved. § 1104. Evidence on trial for conspiracy. § 1105. When burden of proof shifts in trials for murder. § 1106. Evidence on a trial for bigamy. § 1107. Evidence upon a trial for forging bank-bills, etc. § llOS. Evidence upon trial for abortion and seduction. § 1109. Evidence on a trial for selling, etc., lottery tickets. § 1110. Evidence of false pretenses. § 1111. Conviction on testimony of accomplice. § 1112. Proceedings, if evidence show higher offense than charged. (Repealed.) § 1113. Discharge jury for lack of jurisdiction, etc. § 1114. Proceedings, if jury discharged tor want of jurisdiction of or- fense committed out of the state. § 1115. Proceedings in such case, when offense ccmmitted in the state. § 1116. Same. § 1117. Proceedings, if jury discharged because the facts do not con- stitute an offense. § 1118. When evidence on either side is closed, court may advise jury to acquit. § 1119. View of premises, when ordered, and how conducted. § 1120. Knowledge of juror to be declared in court, and he to be sworn as a witness. § 1121. Jurors, separation of, during trial. § 1122. Jury, at each adjournment, must be admonished, etc. ? 1123. Juror unable to perform his duties, proceedings. § 1124. Court to decide questions of law arising during trial. § 1125. On indictment for libel, jury to determine law and fact. § 1126. In all other cases court to decide questions of law. § 1127. Charging the jury. § 1128. Jury may decide in court, or retire in custody of ottlcers. § 1129. Defendant appearing for trial may be committed. § 1130. If district attorney fails to attend, court may appoint. § 1131. Allegations of larceny or embezzlement, when sustained. § 1093. Order of trial. The jury having been impaneled and sworn, the trial must proceed in the following order, unless otherwise directed by the court: 387 THE TRIAL. § 1093 1. If the indictment or information be for felony, the clerk must read it, and state the plea of the defendant to the jury, and in cases where it charges a previous convic- tion, and the defendant has confessed the same, the clerk in reading it shall omit therefrom all that relates to such previous conviction. In all other cases this formality may be dispensed with. 2. The district attorney, or other counsel for the people, must open the cause and offer the evidence in support of the charge. 3. The defendant or his counsel may then open the de- fense, and offer his evidence in support thereof. 4. The parties may then respectively offer rebutting tes- timony only, unless the court, for good reason, in further- ance of justice, permit them to offer evidence upon their original case. 5. When the evidence is concluded, unless the case is submitted to the jury on either side, or on both sides, without argument, the district attorney, or other counsel for the people, and counsel for the defendant, may argue the case to the court a^d jury; the district attorney, or other counsel for the people, opening the argument and having the right to close. 6. The judge may then charge the jury, and must do so on any points pertinent to the issue, if requested by either party J and he may state the testimony and declare the law. If the charge be not given in writing, it must be taken down by the phonographic reporter. En. February 14, 1872. Am'd. 1873-4, 444; 1880, 21. Cal. Eep. Git. 45, 652; 46, 117; 53, 494; 55, 298; 57, 99; 57, 317; 57, 560; 58, 269; 65, 297; 65, 298; 66, 456; 66, 457; 73, 447; 73, 448; 73, 451; 73, 452; 73, 517; 73, 549; 73, 550; 76, 282; 76, 348; 85, 570; 88, 141; 103, 571; 105, 502; 110, 43; 116, 687; 131, 653. Subd. 1— 84, 450; 88, 117; 110, 43; 116, 686; 118, 390; 143, 601; 145, 613. Sflbd. 2—65, 127. Subd. 3—76, 349. Subd. 5—76, 349. Subd. 6—53, 575; 88, 175; 88, 177; 76, 59; 118, 329. Crim. Prac. Act, sec. 362. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Am'd. 1854, 80; 1855, 275. Cal. Eep. Cit. 26, 79; 32, 43; 43, 153; 43, 349; 53, 573. Number of counsel: Post, sec. 1095. §§ 1094-1097 THE TRIAL. 388 § 1094. When order of trial may be departed from. When the state of the pleadings requires it, or in any other case, for good reasons, and in the sound discretion of the court, the order prescribed in the last section may departed from. En. February 14, 1872. Cal. Eep. Cit. 85, 570; 103, 571. Grim. Prac. Act, sec. 363. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1854, 81. Cal. Rep. Cit. 43, 153. § 1095. Number of counsel who may argue the case. If the indictment or information be for an offense punish- able with death, two counsel on each side may argue the cause to the jury. If it be for any other offense, the court may, in its discretion, restrict the argument to one coun- sel on each side. En. February 14, 1872. Am'd. 1880, 21. Cal. Eep. Cit. 48, 238; 53, 567; 55, 298; 65, 127; 76, 348; 123, 69, Crim. Prac. Act, sec. 364. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 43, 152; 43, 153. The order of argument is subject to the discretion of the court: See ante, sec. 1094. § 1096. Defendant presumed innocent. Reasonable doubt. A defendant in a criminal action is presumed to be inno- cent until the contrary is proved, and in case of a reason- able doubt whether his guilt is satisfactorily shown, he is entitled to an acquittal. En. February 14, 1872. Cal. Eep. Cit. 58, 268; 58, 269; 71, 8; 84, 33; 84, 456; 122, 141; 135, 445. Crim. Prac. Act, sec. 365. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Burden of proof, when shifts: See post, sec. 1105. § 1097. Reasonable doubt as to degree convicts only of lowest. When it appears that the defendant has committed a public offense, and there is reasonable ground of doubt in which of two or more degrees he is guilty, he can be con- victed of the lowest of such degrees only. En. February 14, 1872. 3S9 THE TRIAL. §§ 1098-1101 Cal. Eep. Cit. 58, 2Q%; 58, 269; 68, 180; 71, 8; 118, 270. Grim. Prac. Act, see. 366. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1098. Separate trials. When two or more defendants are jointly charged with a felony, any defendant requiring it must be tried separately. In other cases the defendants jointly charged may be tried separately or jointly in the discretion of the court. En. February 14 1872. Am'd. 1880, 22. Cal. Rep. Cit. 121, 162. Crim. Prac. Act, sec. 367. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 8, 303. § 1099. Discharging defendant that he may be a witness. When two or more persons are included in the same charge, the court may, at any time before the defendants have gone into their defense, on the application of the district at- torney, direct any defendant to be 'discharged, that he may be a witness for the people. En. February 14, 1872. Am'd. 1880, 22. Cal. Rep. Cit. 48, 253; 70, 55; 70, 56; 110, 611. Crim. Prac. Act, sec, 368. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 24, 46; 24, 47; 24, 48; 24, 49; 44, 539. See post, sec. 1101. § 1100. Same. When two or more persons are included in the same indictment or information, and the court is of opinion that in regard to a particular defendant there is ■ not sufficient evidence to put him on his defense, it must order him to be discharged before the evidence is closed, that he may be a witness for his codefcndant. En. Feb- ruary 14, 1872. Am'd. 1880, 22. Cal. Rep. Cit. 70, 55; 70, 56. Crim. Prac. Act, sec. 369. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1101. Effect of such discharge. The order mentioned in the last two sections is an acquittal of the defendant §§ 1102-1103a THE TRIAL. 390 discharged, and is a bar to anothey prosecution for the same offense. En. February 14, 1872. Cal. Eep. Cit. 48, 253; 70, 55. Crim. Prac. Act, sec. 370. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Ca*!. Rep. Cit. 28, 48. Jeopardy: Ante, sec. 687. § 1102. Rules of evidence in civil applicable to criminal cases. The rules of evidence in civil actions are applicable also to criminal actions,, except as otherwise provided in this code. En. February 14, 1872. Cal. Eep. Cit. 57, 568; 57, 573; 58, 214; 64, 259; 98, 131; 104, 487; 120, 666; 132, 201; 132, 263; 142, 294. Evidence in civil cases: Code Civ. Proc, pt. IV. Reporter's notes as evidence: See Code Civ. Proc, sec. 273. Act authorizing appointment of interpreter: See post. Ap- pendix, title Interpreters. § 1103. Evidence on trial for treason. Upon a trial for treason, the defendant cannot be convicted unless upon the testimony of two witnesses to the same overt act, or upon confession in open court; nor can evidence be ad- mitted of an overt act not expressly charged in the in- dictment or information; nor can the defendant be con- victed unless one or more overt acts be expressly alleged therein. En. February 14, 1872. Am'd. 1880, 22. Cal. Rep. Cit. 68, 180. Crim. Prac. Act, sec. 371. En. April 20, 1850. Rep. 1851, •290. En. 1851, 212. Crim. Prac. Act, see. 372. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Treason: Const. U. S., art. Ill, sec. 3,subd. 1; Const. Cal., art. I, sec. 20; Code Civ. Proc, sec 1968. § 1103a. Perjury, how proved. Perjury must be proved by the testimony of two witnesses, or of one witness and corroborating circumstances. En. Stats. 1905, 696. This section is compose'l of matter taken from section 1968 of the Code of Civil Procedure. — Code Commissioner's Note. 391 THE TRIAL. . §§ 1104-1107 § 1104. Evidence on trial for conspiracy. Upon a trial for conspiracy, in a case where an overt act is necessary to constitute the offense, the defendant cannot be con- victed unless one or more overt acts are expressly alleged in the indictment or information, nor unless one of the acts alleged is proved; but other overt acts not alleged may be given in evidence. En. February 14, 1872. Am'd. 1880, 22. Cal. Eep. Cit. 68, 180. Crim. Prac. Act, sec. 373. En. April 20, 1850. Eep. 1851, 290. En. 1851. 212. § 1105. When burden of proof shifts in trials for mur- der. Upon a trial for murder, the commission of the homi- cide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse ' it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justi- fiable or excusable. En. February 14, 1872. Cal. Eep. Cit. 49, 7; 49, 611; 58, 251; 61, 394; 61, 395; 61, 396; 61, 528; 61, 529; 65, 103; 67, 428; 69, 604; 71, 4; 71, 7; 71, 8; 71, 9; 80, 45; 80, 163; 80, 304; 83, 382; 86, 146; 86, 149; 86, 227; 88, 239; 88, 423; 88, 424; 89, 499; 89, 500; 93, 443; 94, 47; 98, 653; 104, 378; 105, 34; 115, 246; 118, 271; 122, 178; 128, 95; 131, 655; 137, 582. § 1106. Evidence on a trial for bigamy. Upon a trial for bigamy, it is not necessary to prove either of the mar- riages 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. En. February 14, 1872. Cal. Eep. Cit. 71, 265; 99, 289; 130, 489. Bigamy defined: Ante, sec. 281. § 1107. Evidence upon a trial for forging bank-bills, etc. Ui)on a trial for forging any bill or note purporting to be the bill or note of an incorporated company or bank, §§ llOS-niO . THE TRIAL. 392 or for passing, or attempting to pass, or having in posses- sion with intent to pass, any such forged bill or note, it is not necessary 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. En. February 14, 1872. Forgery and counterfeiting: See ante, sec. 470. § 1108. Evidence upon trial for abortion and seduction. Upon a trial for procuring or attempting to procure an abortion, or aiding or assisting therein, or 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 aiding or assisting therein, the defendant cannot be convicted upon the testimony of the woman upon or with whom the offense was committed, unless she is corroborated by other evidence. En. Febru- ary 14, 1872. Am'd. 1905, 696. The amendment consists in the substitution of the word "eighteen" for "twenty-flve." The purpose is to conform the section to the provisions of section 266. — Code Commissioner's Note. Cal. Eep. Cit. 68, 180; 118, 674. § 1109. Evidence on a trial for selling, etc., lottery tick- ets. Upon a trial for the violation of any of the provisions 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 issued by the authority of any manager, or of any person assuming to have authority as manager; bixt in all cases proof of the sale, furnishing, bartering, or procuring of any ticket, share, or interest therein, or of any instrument purporting 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. En. February 14, 1872. For chapter IX, title IX, part I, above referred to, see ante, sees. 319, et seq. § 1110. Evidence of false pretenses. Upon a trial for having, with an intent to cheat or defraud another design- 393 THE TRIAL. § 1111 edly, 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 per- sonal, or valuable thing, the defendant cannot be convicted if the false pretense was expressed in language unaccom- panied by a false token or writing, unless the pretense, or some note or memorandum thereof is in writing, subscribed by or in the handwriting of the defendant, or unless the pretense is proven by the testimony of two witnesses, or that of one witness and corroborating circumstances; but this section does not apply to a prosecution for falsely representing or personating another, and, in such assumed character, marrying, or receiving any money or property. En. February 14, 1872. Am'd. 1905, 696. The amenflment consists in the insertion of the word "labor" before "money," and in the substitution of the words "or property, whether real or personal," in place of "personal property," thus conforming the section to the amendment to section 532. — Code Commissioner's Note. Cal. Eep. Cit. 68, 180; 70, 118; 98, 663; 102, 564; 127, 207; 135, 272. Crim. Prac. Act, sec. 376. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. AmM. 1862, 53. § 1111. Conviction on testimony of accomplice. A con- viction cannot be had on the testimony of an acomplice, unless he is corroborated 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 circumstances thereof. En. February 14, 1872. Cal. Rep. Cit. 49, 630; 50, 450; 50, 481; 53, 602; 53, 607 65, 307; 68, 180; 69, 13; 71, 19; 72, 460; 72, 461 73, 348; 73, 349; 73, 350; 73, 351; 73, 353; 84, 481 89, 498; 96, 181; 98, 218; 98, 280; 99, 576; 111, 14 111, 15; 114, 573; 114, 634; 121, 557; 122, 502; 123, 406 123, 411; 134, 310; 135, 272; 138, 341; 139, 720 139, 727; 141, 232; 143, 265; 144, 472. Crim. Prac. Act, sec. 375. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 39, 404. §§ 1112-1115 THE TRIAL. 3»4 § 1112. Proceedings, if evidence show higher offense than charged. (Repealed.) En. February 14, 1872. Rep. 1880, 6. Grim. Prac. Act, sec. 379. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Grim. Prac. Act, see. 380. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1113. Discharge jury for lack of jurisdiction, etc. The court may direct the jury to be discharged, where it ap- pears that it has not jurisdiction of the offense, or that the facts charged do not constitute an offense punishable by law. En. February 14, 1872. Am'd. 1880, 22. Grim. Prac. Act, sec. 381. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Juiisdiction generally: See ante, sees. 777 et seq. § 1114. Proceedings, if jury discharged for want of ju- risdiction 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 discharged. En. February 14, 1872. Am'd. 1880, 22. Grim. Prac. Act, sec. 382. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Gal. Rep. Git. 27, 342. Grime committed out of state: Ante sec. 27, subd. 3. .Jurisdiction: See ante, sees. 778, 793, 794. § 1115. Proceedings in such case, when offense committed in the state. If the offense was committed within the e!xclu- sive 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 warrant for his arrest from 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 warrant, if issued, or that his bail will forfeit such sum as the court may fix, to be mentioned in the undertaking; and the clerk must forthwith transmit a certified copy of the 395 THE TRIAL. §§ 1116-1117 indictment or information, and of all the papers filed in the action, to the district attorney of the proper county, the ex- pense of which transmission is chargeable to that county. En. February 14, 1872. Am'd. 1880, 22. Crim. Prac. Act, sec. 383. En. April 20, 1850. Eep. 1851, 290. En. 1851. 212. Cal. Kep. Cit. 27, 342. Crim. Prac. Act, sec. 384. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1116. Same. If the defendant is not arrested on a warrant from the proper county, as provided in section one thousand one hundred and fifteen, he must be dis- charged from custody, or his bail in the action is exon- erated, or money deposited instead of bail must be re- funded, as the case may be, and the sureties in the under- taking, as mentioned in that section, must be discharged. If he is arrested, the same- proceedings must be had thereon as upon the arrest of a defendant in another county on a warrant of arrest issued by a magistrate. En. February 14, 1872. Crim. Prac. Act, sec. 385. En. April 20, 1850. Eep. 1851, 290. En. 1851. 212. Crim. Prac. Act, sec. 386. En. April 20, 1850. Eep. 1851, 290. En. 1851. 212. Cal. Eep. Cit. 1, 385. § 1117. jr'roceedings, if jury discharged because the facts do not constitute an offense. If the jury is discharged because the facts as charged do not constitute an offense punishable by law, the court must order that the defend- ant, if in custody, be discharged; or if admitted to bail, that his bail be exonerated; or if he has deposited money instead of bail, that the money be refunded to him, unless in its opinion a new indictment or information can be framed upon which the defendant can be legally con- victed, in which case it may direct the district attorney to file a new information, or (if the defendant has not been committed by a magistrate) direct that the case be submitted to the same or another grand jury; and the same proceedings must be had thereon as are prescribed in section nine hundred and ninety-eight; provided, that after such order or submission the defendant may be examined §§ 1118-1120 THE TRIAL. 396 before a magistrate, and discharged or committed by him as in other cases. En. February 14, 1872. Am'd. 1880, 23. Cal. Eep. Cit. 64, 263; 118, 27. Crim. Prac. Act, sec. 387. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Crim. Prac. Act, sec. 388. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1118. When evidence on either side is closed, court may advise jury to acctuit. If, at any time after the evi- dence on either side is closed, the court deems it insuf- ficient to warrant a conviction, it may advise the jury to acquit the defendant. But the jury are not bound by the advice. En. February 14, 1872. Cal. Eep. Cit. 70, 18; 97, 401; 105, 266; 114, 68; 118, 28; 124, 553; 132, 501; 143, 691; 143, 693; 143, 694; 143, 695; 143, 696; 143, 698; 145, 739. Crim. Prac. Act, sec. 389. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1119. View of premises, when ordered, and how con- ducted. When, in the opinion of the court, it is proper that the jury should view the place in which the offense is charged to have been committed, or in which an,y other material fact occurred, it may order the jury to be con- ducted in a body, in the custody of the sheriff, to the . place, which must be shown to them by a person appointed by the court for that purpose; and the sheriff must be sworn to suffer no person to speak or communicate with the jury, nor to do so himself, on any subject connected with the trial, and to return them into court without unnecessary delay, or at a specified time. En. February 14, 1872. Cal. Eep. Cit. 53, 61; 68, 625; 68, 626; 68, 630; 68, 633; 68, 635; 71, 606; 80, 539; 122, 183; 137, 548. Crim. Prac. Act, sec. 390. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1120. Knowledge of juror to be declared in court, and he to be sworn as a witness. If a juror has any personal knowledge respecting a fact in controversy in a cause, he must declare the same in open court during the trial. If, during the retirement of the jury, a juror declare a fact which could be evidence in the cause, as of his own knowl- 397 THE TRIAL. §§ 1121-1123 edge, the jury must return into court. In either of these cases, the juror making the statement must be sworn as a witness and examined in the presence of the parties. En. February 14, 1872. Crim. Prac. Act, sec. 392. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1121. Jurors, separation of, during trial. The jurors sworn to try an action may, at any time before the sub- mission of the cause to the jury, in the discretion of the court, be 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 with them, nor to do so himself, on any subject connected with the trial, and to return them into court at the next meeting thereof. En. February 14, 1872. Am'd. 1880, 23. Cal. Eep. Cit. 96, 179; 116, 297; 117, 657; 122, 139. Crim Prac. Act, sec. 393. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 32, 43. § 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 converse among themselves or with any one else on any subject connected with the trial, or to form or ex- press any opinion thereon until the cause is finally submitted to them. En. February 14, 1872. Cal. Eep. Cit. 84, 606; 116, 297; 117, 657. Crim. Prac. Act, sec. 394. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1123. Juror unable to perform his duties, proceedings.. 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 dis- charged and a new jury then or afterwards impaneled. En. February 14, 1872. Cal. Eep. Cit. 64, 61; 72, 492; 96, 128; 119, 332; 135, 463; 135, 465. §§ 1124-1127 THE TRIAL. 3JS Grim. Prac. Act, sec. 395. En. April 20, 1850. Kep. 1851, 290. En. 1851, 212. Discharge of jury: See post, sec. 1139. § 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. En. Februarj^ 14, 1872. Grim. Prac. Act, see. 396. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1125. On indictment for libel, jury to determine law and fact. On a trial for libel, the jury has the right to de- termine the law and the fact. En. February 14, 1872. Am'd. 1880, 23. Grim. Prac. Act, sec. 397. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Same principle: Const. 1879, art. I, sec. 9. § 1126. In all 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 ver- dict, 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. En. February 14, 1872. Am'd. 1880, 23. Gal. Eep. Git. 113, 572. Grim. Prac. Act, sec. 398. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. In libel: See Const. Gal. 1879, art. I, sec. 9. See ante, sec. 1102. § 1127. Charging the jury. In charging the jury the court must state to them all matters of law necessary 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 399 THE TRIAL. § 1128 oral instruction, or consent thereto, and when so given orally, aJl instructions must be taken down by the phonographic re- porter. Either party may present to the court any written charge, and request that it be given. If the court thinks it correct and pertinent, it must be given; if not, it must be refused. Upon each charge presented and given or refused, the court must indorse and sign its decision. If part be given and part refvised, the court must distinguish, showing by the indorsement what part of the charge was given and what part refused. En. February 14, 1872. Am 'd. 1897, 184. Cal. Rep. Cit. 58, 252; 69, 237; 77, 181; 78, 2; 93, 660; 105, 672; 114, 557; 127, 547; 131, 653; 135, 445; _ 139, 11. Crim. Prac. Act, sec. 399. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 32, 43. Crim. Prac. Act, sec. 400. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 44, 599. Crim. Prac. Act, sec. 401. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep Cit. 44, 599. Instructions: See ante, sec. 1093. Charging jurors upon questions of fact: Ante, sec. 1093, subd. 6. Oral instructions: Ante, sec. 1093, subd. 6. Presumption of innocence: Ante, sec. 1096. § 1128. Jury may decide in court, or retire in custody of officers. After hearing the charge, the jury may either de- cide in court or may retire for deliberation. If they do not agree without retiring, an officer must be sworn to keep them together in some private and convenient place, and not to permit any person to speak to or communicate with them, nor to do so himself, unless by order of the court, or to ask them whether they have agreed upon a verdict, and to re- §§ 1129-1131 THE TRIAL. 400 turn them into court when they have so agreed, or when ordered by the court. En. February 14, 1872. Cal. Kep. Cit. Ill, 85; 143, 210; 143, 212. Crim. Prac. Act, sec. 402. En. April 20, 1850. Kep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 21, 338. Oath of officer in charge of jury: See post, sec. 1440. § 1129. Defendant appearing for trial may be committed. When a defendant who has given bail appears for trial, the court may, in its discretion, at any time after his appear- ance 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. En. February 14, 1872. Cal. Eep. Cit. 59, 676. Crim. Prac. Act, sec. 403. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1130. If district attorney falls 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. En. February 14, 1872. Cal. Eep. Cit. 98, 142; 135, 414; 135, 415. District attorney, duties of. Pol. Code, sees. 4256-4258. Argument: Ante, sec. 1093, subd. 5. Number of counsel: Ante, sec. 1095. Order of argument: Ante, sec. 1093, subd. 5. § 1131. Allegations of larceny or embezzlement, when sustained. Upon a trial for larceny or embezzlement of money, bank-notes, certificates of stock, or valuable securi- ties, the allegation of the indictment or information, so far as regards the description of the property, is sustained, if the of- fender be proved to have embezzled or stolen any money, bank-notes, certificates of stock, or valuable security, al- 401 CONDUCT OP THE JURY. § 1185 though the particular species of coin or other money, or the number, denomination, or kind of bank-notes, certificates of stock, or valuable security, be not proved; and upon a trial for embezzlement, if the offender be proved to have embez- zled any piece of coin or other money, any bank-note, certifi- cate 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 or- der that some part of the value thereof should be returned to the party delivering the same, and such part shall have been returned accordingly. En. Stats. 1873-4, 445. Am'd. 1880, 24. Cal. Eep. Cit. 56, 80; 66, 277; 69, 237; 108, 541. CHAPTER III. CONDUCT OF THE JURY AFTER THE CAUSE IS SUBMITTED TO THEM. § 1135. Room, etc., for jury after retirement. § 11.3(). Juries to be supplied with lood and lodging. § ll';7. What papers the jury may take with them. § ll.'iS. After retirement, may return into court for information. § 1139. If juror after retirement becomes sick, etc. § 1140. Not to be discharge-d unless there is no probability that they can agree. § 1141. When discharged without verdict, cause* to be again tried. S 1142. Court may adjourn during absence, but deemed open. § 1143. Fees of jurors. Payment of same. § 1135. Room, etc., for jury after retirement. A room must be provided by the supervisors of each county for the use of the jury, upon their retiretnent for deliberation, with suitable furniture, fuel, lights, and stationery. If the super- visors neglect, the court may order the sheriff to do so, and the expenses incurred by him in carrying the order into ef- fect, when certified by the court, arc a county charge. En, February 14, 1872. Cal. Kep. Cit. 14.3, 210. Pen. Code— 26 §§ 1136-1138 CONDUCT OF THE JURY. «)2 Crim. Prac. Act, sec. 404. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Am'd. 1863, 160. Jury expenses. See Pol. Code, sec. 4344, subd. 3. § 1136. Juries to he supplied with food and lodging. While the jury are kept together, either during the prog- ress of the trial or after their retirement for deliberation, the court must direct the sheriff to provide the jury with suitable 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 br the treasurer of the county, or city and county, out of the general fund. En. February 14, 1872. Am'd. 1901, 654. Cal. Eep. Cit. 61, 186; 61, 188; 78, 338; 111, 85; 143, 210. Crim. Prac. Act, sec. 405. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1137. What papers the jury may take with them. Upon retiring for deliberation, the jury may take with them ail papers (except depositions) which have been re- ceived 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 per- son having them in possession. They may also take with them the written instructions given, and notes of the tes- timony or other proceedings on the trial, taken by them- selves, or any of them, but none_ taken by any other person. En. February 14, 1872. Cal. Eep. Cit. 61, 551; 61, 553; 74, 485; 120, 111; 146, 481; 146, 482. Crim. Prac. Act, sec. 406. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Crim. Prac. Act, sec. 407. En. April 20, 1850. Eep. 1851, 290. En. 1851,, 212. § 1138. After retirement, may return into court for in- formation. After the jury have retired for deliberation, if 403 CONDUCT OF THE JURY. §§ 1139-1141 there be any disagreement between them as to the testi- mony, or ii 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 de- fendant or his counsel, or after they have been called. En. February 14, 1872. Am'd. 1873-4, 445. Cal. Eep. Cit. 53, 575; 65, 569; 111, 85. Crim. Prac. Act, sec. 408. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 29, 627; 29, 629; 37, 276. § 1139. If juror after retirement becomes sick, etc. 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 discharged. En. February 14, 1872. Crim. Prac. Act, sec. 409. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Discharge of jury: See ante, see. 1123. § 1140. Not to be discharged unless there is no prob- ability that they can agree. Except as provided in the last section, the jury cannot be discharged after the cause is submitted to them until they have agreed upon their verdict and rendered it in open court, unless by consent of both 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 prob- ability that the jury can agree. En. February 14, 1872. Cal. Rep. Cit. 76, 59; 97, 401; 100, 142. Crim. Prac. Act, sec. 410. En. April 20, 1850. Rep. 1851, 2af). En. 1851, 212. § 1141. When discharged without verdict, cause to be again tried. In all cases where a jury is discharged or 14 §§ 1142-1143 CONDUCT OF THE JURY. 404 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 sub- mitted to them, the cause may be again tried. En. Febru- ary 14, 1872. Am'd. 1880, 24. Grim. Prac. Act, sec. 411. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. New trial: See post, sec. 1181. Jeopardy: See ante, sec. 687. § 1142. Court may adjourn during absence, but deemed open. "While the jury are absent, the court may adjourn from time to time, as to other business, but it must never- theless be open for every purpose connected with the cause submitted to the jury until a verdict is rendered or the jury discharged. En. February 12, 1872. Gal. Eep. Git. 65, 621. Grim. Prac. Act, sec. 412. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1143. Fees of jurors. 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 neces- sarily traveled in attending court, in going only. Such fees and mileage shall be paid by the treasurer of the county, or city 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 was in attendance, and the treasurer of said county, or city and county, shall pay said warants. The board of supervisors of each county, or city and county, is hereby directed to make suitable appropriation for the pay- 405 THE VERDICT. § 1147 ment of the fees herein provided for. En. February 14, 1872. Eep. 1880, 6. En. Stats. 1901, 290, Cal. Eep. Cit. 138, 267; 138, 269; 138, 271; 138, 273. Grim Prac. Act, sec. 413. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. . CHAPTER IV. THE VERDICT. § 1147. Return of jury. § 114S. Appearance of defendant. § 1149. Manner of taking verdict. § 1150. Verdict may be general or special. § 11.51. General verdict. § 1152. Special verdict. § 1153. Special verdict, how rendered. § 1134. Form of special verdict. § 11.1.5. Judgment on special verdict. § 11.J6. 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. § 11-59. Jury may convict of lesser offense, or of attempt. § 1160. Verdict as to some defendants, new trial as to others. § 1161. Court may direct a reconsideration of the verdict. § 1162. When judgment may be given on informal verdict. § 1183. Polling the jury. § 1164. Recording the verdict. § 1165. Defendant, when to be discharged. § 1166. Proceedings upon conviction or special verdict. § 1167. Proceedings on acquittal on ground of insanity. § 1147. Return of jury. When the jury have agreed upon the verdict, they must be conducted into court by the orfficer having them in charge. Their names must then be called, and if all do not appear, the rest must be discharged without giving a verdict. In that case the action may be again tried. En. February 14, 1872. Am'd. 1905, 697. The change consists in the omission of the words "at the same or an- other term," after "tried," because there are now no terms ot court.— Code Commissioner's Note. Cal. Rep. Cit. 57, 100; 62, 519; 62, 520, Crim. Prac. Act, sec. 414. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 44, 541; 62, 520. §§ 1U8-1151 THE VERDICT. Mfi § 1148. Appearance of defendant. If charged with a felony, the defendant must, before the verdict is received, appear in person. If for a misdemeanor, the verdict may be rendered in his absence. En. February 14, 1872. Am 'd. 1880, 24. Cal. Eep. Cit. 49, 42; 57, 352; 59, 358; 70, 472; 118, 449. Crini. Prac. Act, sec. 415. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 33, 100; 42, 168. Judgment in defendant's presence: See post, sec. 1193. § 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. En. February 14, 1872. Cal. Rep. Cit. 62, 519; 94, 119. Crim. Prac. Act, see. ,416. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1150. Verdict may be general or special. The jury may render a general verdict, or, when they are in doubt as to the legal effect of the facts proved, the}' niay, except upon a trial for libel, find a special verdict. En. February 14, 1872. Am'd. 1880, 24. Crim. Prac. Act, sec. 417. En.' April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1151. General verdict. A general verdict upon a plea of not guilty is either "guilty" or "not guilty," which im- ports a conviction or acquittal of the offense charged 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 the defendant is acquitted on the ground that he was insane at the time of the qommission of the act charged, the verdict must be "not guilty by reason of insanity." When the defendant is acquitted on the 407 THE VERDICT. §§ 1152-11&5 ground of variance between the indictment and the proof, the verdict must be "not guilty by reason of variance be- tween indictment and proof. ' ' En. February 14, 1872. Am'd. 1873-4, 446. Cal. Eep. Cit. 51, 279; 65, 446; 68, 181; 73, 346; 84, 473; 87, 283; 134, 308. Crim. Prac. Act, sec. 418. En. April 20, 1850. Eep. 1851, 190. En. 1851, 212. . Cal. Rep. Cit. 31, 453; 31, 454. § 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. En. February 14, 1872. Crim. Prac. Act, sec. 419. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 31, 453; 31, 454. § 1153. Special verdict, how rendered. The special ver- dict must be reduced to writing by the jury, or in their pres- ence entered upon the minutes of the court, read to the jury and agreed to by them, before they are discharged. En. February 14, 1872. Crim. Prac. Act, sec. 420. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 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 V.^y the jury. En. February 14, 1872. Crim. Prac. Act, sec. 421. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1155. Judgment on special verdict. The court must give judgment upon the special verdict as follows: §§ U56-1158 THE VERDICT. 408 1. If the plea is not guilty, and the facts prove the de- fendant guilty of the offense charged in the indictment, or of any other offense of which he could be convicted under that indictment, judgment must be given accordingly. But if otherwise, judgment of acquittal must be given. 2. If the plea is a former conviction or acquittal of the same offense, the court must give judgment of acquittal or conviction, as the facts prove or fail to prove the former conviction or acquittal. En. February 14, 1872. Cal. Eep. Cit. 93, 568. Crim. Prac Act, sec. 422. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 31, 454. See ante, sec. 1016, subd. 3. § 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 or- der a new trial. En. February 14, 1872. Crim. Prac. Act, sec. 423. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 31, 454. New trial: See post, sec. 1181. § 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 which he is guilty. En. Febuary 14, 1872. Cal. Eep. Cit. 49, 179; 52, 454; 53, 627; 59, 384; 60, 110; 65, 538; 67, 351; 68, 180; 73, 581; 81, 618; 94, 386; 134, 308; 135, 62. § 1158. Jury may find upon charge of previous conviction. Whenever the fact of a previous conviction of another offense 409 THE VERDICT. §§ U59, 1160 is charged in an indictment or information, the jury, if they find a verdict of guilty of the offense with which he is charged, must also, unless the answer of the defendant ad- mits the charge, find whether or not he has suffered such previous conviction. The verdict of the jury upon a charge of previous conviction may be: "We find the charge of pre- vious conviction true," or, "We find the charge of previous conviction not true," as they find that the defendant has or has not suffered such conviction. En. February 14, 1872. Am'd. 1873-4, 446; 1880, 24. Cal. Eep. (Jit. 49, 395; 57, 560; 57, 572; 64, 155; 64, 340; 64, 403; 65, 297; 65, 398; 73, 445; 73, 446; 73, 447; 73, 450; 73, 451; 73, 452; 73, 549; 73, 550; 109, 297; 110, 42; 118, 389; 118, 390; 145, 610; 145, 611. See ante, sec. 1155. § 1159. Jury may convict of lesser offense, or of at- tempt. 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. -En. February 14, 1872. Am'd. 1880, 24. Cal. Rep. Cit. 53, 59; 56, 80; 59, 364; 65, 475; 76, 58; 91, 272; 93, 659; 99, 229; 100, 153; 100, 154; 100, 158; 105, 672; 115, 305; 135, 62; 135, 270; 136, 524; 137, 197; 138, 484; 143, 13; 143, 14; 143, 149; 143, 435; 144, 47. Crim. Prac. Act, sec. 424. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 5, 134; 29, 628; 31, 454. Lesser offense: See ante, see. 1155. § *1160. Verdict as to some defendants, new trial as to others. On an indictment or information against several, if the jury cannot agree upon a verdict as to all, they may ren- der a verdict as to those in regard to whom they do agree, on which a judgment must be entered accordingly, and the §§ 1161-1162 THE VERDICT. 410 case as to the others may be tried by another jury. En. February 14, 1872. Am'd. 1880, 25. Cal. Rep. Cit. 67, 413. Crim. Prae. Act, sec. 425. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1161. Court may airect a reconsideration of the verdict. When there is a verdict of conviction, in which it appears to the court that the jury have mistaken the law, the court may explain 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; but when there is a verdict of acquittal, the court cannot require the jury to reconsider it. If the jury render a ver- dict which is neither general nor special, the court may di- rect them to reconsider it, and it cannot be recorded until it is rendered in some form from which it can be clearly un- derstood that the intent of the jury is either to render a gen- eral verdict or to find the facts specially and to leave the judgment to the court. En. February 14, 1872. Cal. Rep. Cit. 48, .559; 68, 180; 68, 181; 118, 448. Crim. Prae. Act, sec. 426. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Crim. Prae. Act, sec. 427. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 31, 4.54. § 1162. When judgment may be given on informal verdict. If the jury persist in finding an informal verdict, from which, however, it can be clearly understood that their intenrioa is to find in favor of the defendant upon the issue, it must be entered in the terms in which it is found, anil the court must give judgment of acquittal. But no judgment of con- viction can be given unless the jury expressly find against the defendant upon the issue, or judgment is given against him on a special verdict. En. February 14, 187'.'. Cal. Rep. Cit. 68, 180; 135, 62; 135, 63. 411 THE VERDICT. §§ 1163-1165 Crim. Prac. Act, sec. 428. En. April 20, 1850. Kep. 1851, 290. En. 1851, 212. § 1163. Polling the jury. Wlien a verdict is renilered, and before it is recorded, the jury may be polled at the re- quest of either party, in which case they must bo severally asked whether it is their verdict, and if any one ai.swer in the negative, the .jury must be sent out for further delib- eration. En. February 14, 1872. Cal Eep. Cit. 57, 101; 62, 520. Crim. Prac. Act, sec. 429. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1164. Recording the verdict. When 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 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. En. February 14, 1872. Cal. Rep. Cit. 57, 98; 57, 101. Crim. Prac. Act, sec. 430. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1165. Defendant, when to be discharged. Tf judgment of acquittal is given on a general verdict, and the defendant is not detained for any other legal cause, he must be dis- charged 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 infor- mation, 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 sectioii one thousand one hundred and seventeen. En. February 14, 1872. Am'd. 1880, 25. Cal. Rep. Cit. 61, 140; 64, 263; 70, 65; 79, 179; 79, 181; 91, 643; 118, 27. II 1166, 1167 THE VERDICT. 412 Crim. Prac. Act, sec. 431. En. April 20, 1850. Eep. 1851, 2P0. En. 1851, 212. Cal, Eep. Cit. 38, 476. Jeopardy: See ante, sec. 687. § 1166. Proceedings upon conviction or special verdict. If a general verdict is rendered against the defendant, or a special verdict is given, he must be remanded, if in cufatody, or if on bail he may be committed to the proper officer of the county to await the judgment of the court upon the ver- dict. When committed, his bail is exonerated, or if money is deposited instead of bail, it must be refunded to the de- fendant. En. February 14, 1872. Cal. Eep. Cit. 68, 182. Crim. Prac. Act, sec. 432. En. April 20, 1850. Eep. 1851. 290. En. 1851, 212. Bail: See post, sees. 1268 et seq. § 1167. Proceedings on acquittal on ground of insanity. If the jury render a verdict of acquittal on the g-ound of insanity, the court may order a jury to be suminonel from the jury list of the county, to inquire whether the defendant continues to be insane. The court may cause the same wit- nesses to be summoned who testified on the trial, :md other witnesses, and direct the district attorney to conduct the pro- ceedings, and counsel may appear for the defendant. Tlie court may direct the sheriff to take th? defendant and re- tain him in custody until the question of c.-intinuing insartity is determined. If the jury find the lefendaut insane, he shall be committed by the sheriff to tht^ staro hisano asylnm. If the jury find the defendant sane, he shall be discharged. En. Stats. 1873-4, 446. Inquiry into insanity of defendant before trial or after conviction. See post, sees. 1367 et seq. 413 BILLS OF EXCEPTION. §§ 1170, 1171 CHAPTER V. BILLS OP EXCEPTION. § UTO. To what decisions exceptions may be taken. § 1171. When to be settled and signed. § 1172. Exceptions to decision of court by either party. § 1173. Exceptions to decision of the court by the defenvlant. § 1174'. Exceptions, how settled. § 1175. What bill of exceptions is to contain. § 1176. Written charges need not be excepted to. § 1177. Bills of exception in criminal actions, amendment of; settled and time fixed for engrossment. § 1170. To what decisions exceptions may be taken. On the trial of an indictment or information, exceptions may be taken by tlie defendant to a decision of tlie court; 1. In disallowing a challenge to the panel of the jury, or to an individual juror for implied or actual bias; 2. In admitting or rejecting testimony on the trial of a challenge to a juror for actual bias; 3. In admitting or rejecting testimony, or in deciding any question of law not a matter of discretion, or in charging or instructing the jury upon the law on the trial of the issue. En. February 14, 1872. Am'd. 1873-4, 447; 1880, 25; 1901, 81. Cal. Eep. Cit. 49, 169; 51, 470; 51, 496; 53, 184; 53, 603; 56, 535; 59, 355; 61, 549; 61, 553; 70, 11; 83, 381; 87, 120; 96, 126; 96, 134; 96, 137; 96, 140; 115, 167; 123, 491; 124, 553; 132, 142; 134, 535; 135, 373; 135, 375* 142 93. Subd. 2—123, 488. Subd. 3—134, 544; 135, 374; 145, 738. Crim. Frac. Act, sec. 433. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 28, 218; 45, 142. Challenges to jury: See ante, sees. 1055 et seq. Trial of challenges: See ante, sees. 1078 et seq. Rules of evidence: See ante, sec. 1102. § 1171. When to be settled and signed. When the defend- ant desires to have exceptions taken at the trial settled in a bill of exceptions, the draft of a bill must be prepared by him, and presented to the judge for settlement within ten § 1172 BILLS OF EXCEPTION. 414 (lays after judgment has been entered against him, or, if the judge is absent from the county, or ill, so that such pres- entation cannot be made, the draft must, within that period, be delivered to the clerk for the judge. Notice in writing of the intended presentation of such draft to the judge, or of the delivery thereof to the clerk, must be serve(l upon the district attorney at least to days before such presentation or delivery. When received by the clerk, he must note thereon the date of such receipt, and transmit or deliver the same to the judge at the earliest period practicable. The judge must, immediately upon the draft being presented or delivered to him, designate a time for the settlement of the bill, and, if the parties are not present, require the clerk to notify them in writing of such date. The time so fixed must not be changed for inconvenience to a party, except upon good cause, shown by affidavit of necessity therefor. When settled and engrossed, the bill must be signed by the judge and filed with the clerk. En. February 14, 1872. Am'd. 1873-4, 447; 1881, 6; 1905, 761. ]171. 1174. The design of the amendment to these sections is to bring about as far as possible an avoidance of the delay now so common in getting criminal cases to a hearing in the Supreme Court, and to require bills of exceptions in criminal cases to be settled as expe- ditiously as is compatible with the circumstances of the case. Tiie phraseology of the present section is changed in certain respects to more clearly express its purpose. The clerk is required, upon receipt of the draft to note such receipt thereon; and the judge, upon re- ceipt thereof, is required to immediately designate a time for settle- ment and have the parties notified thereof, if not present. The time so fixed cannot be changed for the convenience of a party, except upon good cause shown by affldavit. — Code Commissioner's Note. Cal. Eep. Cit. 51, 470; 53, 184; 53, 423; 53, 425; 55, 73; 76, 514; 77, 356; 78, 406; 86, 157; 94, 506; 106, 64.'; 106, 646; 115, 167; 122, 210; 135, 373; 136, 20; 136, 669; 136, 670; 142, 93. Crim. Prac. Act, sec. 434. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 28, 218. § 1172. Exceptions to decision of court b either party. Exceptions may be taken by either party to the decision of a court or judge upon a matter of law: 1. In granting or refusing a motion to set aside an indict- ment or information. 2. In allowing or disallowing a demurrer to an indictment or information. 415 BILLS OF EXCEPTION. §§ 1173, 1174 3. In granting or refusing'a motion in arrest of judgment. 4. In granting or refusing a motion for a new trial. 5. In making, or refusing to make, an order after judg- ment affecting any substantial right of the parties. En. Feb- ruary 14, 1872. Am'd. 1885, 58. Cal. Rep. Cit. 55, 74; 56^,535; 65,175; 107,478; 115,161; 115, 167; 121, 495; 132, 142; 138, 32. Subd. 5—136, 21. Arrest of judgment: See post, sees. 1185-1188. New trial: See post, sees. 1179-1182. § 1173. Exceptions to decision of the court by the de- fendant. Exceptions may be taken by the defendant to a decision of the court upon a matter of law — 1. In refusing to grant a motion for a change of the place of trial. 2. In refusing to postpone the trial on motion of the de- fendant. En. February 14, 1872. Cal. Rep. Cit. 55, 74; 56, 535; 65, 175; 115, 167; 132, 142; 138, 33. § 1174. Exceptions, how settled. When a party desires to have an exception mentioned in the last two sections set- tled in a bill of exceptions, the draft of a bill must, within ten days after the order or ruling complained of is made, be prepared and presented or delivered by him on notice as pro- vided in section eleven hundred and seventy-one, and there- upon the same proceedings must be had for the settlement of such proposed bill in all respects as are provided in the last-mentioned section. The time specified in Ihis section and section eleven hundred and seventy-one, within which the draft of a bill of exceptions must be presented to the judge or delivered to the clerk, may be extended for a rea- sonable period by the trial judge, or, in his absence from the county or inability to act, by a justice of the supreme court, but only for good cause and upon affidavit showing the neces- sity therefor, presented upon written notice of at least two days to the adverse party, who shall have the right to file counter affidavits. In no case can the time be extended by stipulation of the parties. If the judge in any case refuses to allow an exception in accordance with the facts, the party desiring the bill settled may apply by petition to the supreme court to prove the same, such application to be made in the §§ 1173, 1176 BILLS OF EXCEPTION. 41« mode and manner and under such regulations as that court may prescribe; and the bill when proven must be certified by the chief justice as correct, and filed with the clerk of the court in which the action was tried, and when so filed it has the same force and effect as if settled by the judge who tried the cause. If the judge who presided at the trial ceases to hold office before the bill is tendered or settled, he may nevertheless settle such bill, or the party may, as pro- vided in this section, apply to the supreme court to prove the same. En. February 14, 1872. Am'd. 1873-4, 448; 1905, 761. See note to § 1171, ante. Cal. Kep. Cit. 51, 321; 53, 184; 53, 74; 56, 119; 73, 2; 74, 190; 76, 284; 77, 356; 78, 346; 78, 347; 108, 32; 119, 57; 121, 281; 121, 495; 122, 211; 136, 21; 136, 669; 138, 33. § 1175. What bill of exceptions is to contain. A bill of exceptions must contain so much of the evidence only as is necessary to present the questions of law upon which the exceptions were taken; and the judge must, upon the settle- ment of the bill, whether agreed to by the parties or not, strike out all other matters contained therein. En. Februarv 14, 1872. Cal. Eep. Cit. 51, 321; 52, 212; 76, 285; 76, 351; 80, 157; 80, 488; 121, 281; 145, 68. Crim. Prac. Act, sec. 436. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 28, 218. Crim. Prac. Act, sec. 437. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 28, 218. § 1176. Written charges need not be excepted to. When written instructions have been presented, and given, modi- fied, or refused, or when the charge of the court has been taken down by the reporter, the questions presented in such instructions or charge need not be excepted to or embodied in a bill of exceptions; but 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 reporter's transcript of the charge; and thereupon the same, with the indorsements, become a part of the record, and any 417 NEW TRIALS. §§ 1176, 1179 error in the action of the court thereon may be reviewed on appeal in like manner as if presented in a bill of excep- tions. En. February 14, 1872. Am'd. 1905, 762. The purpose of this amendment is to correct imperfections and con- fusion in tlie language of tlie present section, and to more clearly point out the duty of the judge in noting his action upon instructions requested by the parties. — Code Commissioner's Note. Cal. Eep. Cit. 77, 180; 77, 181; 84, 581; 106, 36; 111, 259; 115, 161; 118, 329; 127, 547. Grim. Prac. Act, sec. 438, En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 28, 218; 37, 276; 40, 287; 44, 598. By section 1207, subdivision 3, post, all charges given or refused, and the indorsements thereon, constitute a part of the judgment roll or record of the action. § 1177. Bills of exceptions in criminal actions, amend- ment of; settled, and time fixed for engrossijient. If the bill of exceptions proposed does not substantially conform to the requirements of section 1175 of this code, the judge before whom the cause was tried may cause the same to be amended so as to conform to said section, or the adverse party may, within ten days after the receipt of such pro- posed bill, serve and file amendments thereto; the amend- ments herein provided for shall be thereafter settled by the judge upon a day to be fixed by him, not more than ten days after the service and filing of such proposed amend- ments; after said bill of exceptions shall have been settled as herein provided for, the judge may fix a time within which the same shall be engrossed by the party present- ing the same and when so engrossed and signed by the judge, the same shall constitute the engrossed and final bill of exceptions in the action or proceeding. En. Stats. 1905, 475. CHAPTER VI. NEW TRIALS. § 1179. New trial defined. § 1180. Its effect. § 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. En. February 14, 1872. Pen. Code— 27 § 1180 NEW TRIALS. 418 Cal. Eep. Cit. 72, 15; 139, 216; 143, 210; 143, 589. Crim. Prac. Act, sec. 439. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 4, 377; 4, 380; 46, 48. § 1180. Its effect. The granting of a new 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 con- viction which might have been had under the indictment. En. February 14, 1872. Am'd. 1873-4, 449. Cal. Eep. Cit. 99, 231; 99, 232; 138, 485; 138, 486. § 1181. In what cases it may be granted. When a ver- dict has been rendered against the defendant, the court may, upon his application, grant a new trial, in the fol- lowing cas^s only: 1. When the trial has been had in his absence, if the indictment is for a felony. 2. When the jury has received any evidence out of court other than that resulting from a view of the prem- ises. 3. When the jury has separated without leave of the court, after retiring to deliberate upon their verdict, or been guilty of any misconduct by which a fair and due con- sideration 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 arising 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 support thereof, the affidavits of the witnesses by whom such evidence is expected to be given, and if time is re- 419 ARREST OF JUDGMENT. §§ 1182, 1185 quired by the defendant to procure such affidavits, the court may postpone the hearing of the motion for such length of time as, under all the circumstances of the case, may seem reasonable. En. February 14, 1872. Cal. Eep. Cit. 53, 184; 70, 472; 74, 487; 88, 490; 90, 199; 102, 332; 115, 304; 119, 2; 135, 371; 146, 130. Subd. 2—71, 398; 122, 183. Subd. 3—74, 483; 74, 485; 78, 334; 78, 335; 125, 507. Subd. 4—76, 575. Subd. 5— 56, 118; 135, 373. Subd. 6—56, 118. Crim. Prac. Act, sec. 440. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Am'd. 1863, 161. Cal. Eep. Cit. 18, 699; 21, 339; 33, 100; 43, 56. § 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 en- tered by the clerk in the minutes. En. February 14, 1872. Am'd. 1905, 697. The change consists in the addition of the words "and the order grant- ing or denying the same must be immediately entered by the clerk in the minutes" after "judgment," and is designed to conform the section to the present practice. — Code Commissioner's Note. Cal. Eep. Cit. 80, 488; 98, 355; 135, 371; 142, 92; 142, 97. Crim. Prac. Act, sec. 441. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. CHAPTEE Vn. ARREST OF JUDGMENT. § 118.5. Motion in arrest of judgment. § 1186. Court may arrest judgment without motion. § 1187. Effect of arre.sting juvlgment. § 118S. Defendant, when to be held or discharged. § 1185. Motion in arrest of judgment. A motion in ar- rest of judgment is an application on the part of the de- fendant 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 or information men- tioned in section ten hundred and four, unless the objec- tion has been waived by a failure to demur, and must be made before or at the time the defendant is called for judgment. When determined, the order must be immediately §§ 11S6, 1187 ARREiST OF JUDGMENT. '^ 420 entered by the clerk in the minutes. En. February 14, 1872. Am'd. 1880, 25; 1905, 697. The change consists in the addition of the words "when determined, the order must be immediately entered by the clerk In the minutes," after "judgment," and is designed to conform this section to the present practice. — Code Commissioner's Note. Cal. Eep. Cit. 48, 252; 49, 390; 56, 535; 58, 225; 71, 389; 71, 392; 77, 33; 82, 621; 90, 199; 98, 128; 103, 428; 103, 677; 122, 143; 127, 549; 131, 250; 145, 503. Crim. Prae. Act, sec. 442. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 27, 401; 27, 402; 29, 262; 37, 279. Crim. Prae. Act, see. 444. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Indictment, sufficiency of: See ante, sec. 960. Grounds of demurrer to indictment or information: See ante, sec. 1004. § 1186. Court may arrest judgment without motion. 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. En. February 14, 1872. Am'd. 1905, 698. See note to section 1185.— Code Commissioner's Note. Crim. Prae. Act, sec. 443. , En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 31, 626; 44, 34. § 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. En. February 14, 1872. Am'd. 1880, 25; 1905, 698. The purpose of this amendment is to give the same effect to an order of the court made on its own motion under section 1186 as section 1187 now gives to an order made on motion of the defendant. — Code Commissioner's Note. Cal. Eep. Cit. 73, 406; 74, 98. Crim. Prae. Act, sec. 445. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 44, 34. 421 ARREST OF THE JUDGMENT. § 118S § 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 informa- tion can be framed upon which 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 indictment or information. If the evidence shows him guilty of another offense, he must be committed or held thereon, and in neither case shall the verdict be a bar to another prosecution. But if no evidence appears sufficient to charge him with any offense, he must, if in cus- tody, be discharged; or if admitted to bail, his bail is exon- erated; or if money has been deposited instead of bail, it must be refunded to the defendant; and the arrest of judgment shall operate as an acquittal of the charge upon which the indictment or information was founded. En. February 14, 1872. Am'd. 1880, 25. Cal. Rep. Cit. 64, 263; 74, 9S; 109, 296; 132, 16. Crim. Prac. Act, sec. 446. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 44, 34. Discharge of defendant: See post, sec. 1485. § 1191 THE JUDGMENT. 422 TITLE VIII. OF JUDGMENT AND EXECUTION. Chapter I. The Judgment, §§ 1191-1207. II. The Execution, §§ 1213-1230. CHAPTER I. . THE JUDGMENT. § 1191. Appointing time for judgment. 15 1192. Upon plea of guilty, court must determine degree. § 1193. Presence of defendant. § 1191. Defendant in custody, how brought for judgment. § 1195. How brought before the court when on bail. § 1196. Bench-warrant to Issue. § 1197. Form of bench-warrant. § 119S. Warrant, how served. § 1199. Airest of defendant. § 1200. Arraignment of defendant for judgment. § 1201. What causes may be shown against the judgment. § 1202. If no cause shown, juvlgment to be pronounced. § 1203. Circumstances in aggravation or mitigation of punishment. g 1204. Proof of former conviction, etc., in mitigation, how made. § 1205. Duration of imprisonment on judgment to pay a fine. § 1206. Judgment to pay a fine constitutes a lien. § 1207. Entry of judgment. § § 1191. Appointing time for judgment. 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 judg- ment 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. En. February 14, 1872. Am'd. 1873-4, 449; 1905, 763. The change consists in the omission of the words "if the court intend to remain in session so long; but if not, then at as remote a time as can reasonably be allowed," after "verdict," because the courts are always open. — Code Commissioner's Note. Cal. Rep. Cit. 46, 96; 65, 174; 79, 632; 88, 174; 88, 177. Crim. Prac. Act, sec. 447. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 45, 164. Crim. Prac. Act, sec. 448. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. 423 THE JUDGMENT. §§ 1192-1196 § 1192. Upon plea of guilty, court must determine de- gree. Upon a plea of guilty of a crime distinguished or divided into degrees, the court must, before passing sen- tence, determine the degree. En. February 14, 1872. Cal. Eep. Cit. 49, 178; 52, 453; 52, 454; 52, 455; 67, 114; 73, 582; 137, 646; 141, 551; 141, 552. § 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. En. February 14, 1872. Cal. Eep. Cit. 68, 180; 79, 632. Crim. Prac. Act, sec. 449. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 37, 279; 42, 168. Verdict in defendant's presence: See ante, see. 1148. § 1194. Defendant in custody, how brought for judg- ment. When the defendant is in custody, the court may direct the officer in whose custody he is to bring him be- fore it for judgment, and the officer must do so. En. Feb- ruary 14, 1872. Crim. Prac. Act, sec. 450. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1195. How brought before the court when on bail. If the defendant has been discharged on bail, or has de- posited money instead thereof, and does not appear for judgment when his personal appearance is necessary, the court, in addition 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. En. February 14, 1872. Cal. Eep. Cit. 68, 180. Crim. Prac. Act, sec. 451. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1196. Bench-warrant to issue. The clerk, on the ap- ])lication of the district attorney, may, at any time after the order, whetlier the court be sitting or not, issue a §§ 1197-1200 THE JUDGMENT. 424 » bench-warrant into one or more counties. En. February 14, 1872. Grim. Prac. Act, sec. 452. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1197. Form of bench-warrant. The bench-warrant 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 clay of , A. D. eighteen hundred and , duly convicted in the superior court of the county of , of the crime of (designating it generally), 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 hundred and . By order of the court. [Seal.] E. F., clerk. En. February 14, 1872. Am'd. 1880, 34. Cal. Rep. Cit. 68, 180. Grim. Prac. Act, sec. 453. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Am'd. 186.?, 161. 8 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 not be indorsed by a magistrate of that county. En. Febru- ary 14, 1872. Grim. Prac. Act, sec. 455. En. Ajiril 20, 1850. Eep. 1851, 290. En. 1851, 212. § 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. En. Feb- ruary 14, 1872. Grim. Prac. Act, sec. 455. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1200. Arraignment of defendant for judgment. When the defendant appears for judgment he must be informed by the court, or by the clerk, under its direction, of the nature of the charge against him and of his plea, and the 425' THE JUDGMENT. §§ 1201, 1202 verdict, if any thereon, and must be asked whether he has any legal cause to show why judgment should not be pronounced against him. En. February 14, 1872. Am'd. 1880, 26. Cal. Eep. Cit. 64, 372; 70, 470; 87, 123; 88,. 120; 88, 142; 88, 175; 88, 178; 102, 231; 114, 355; 118, 390; 132, 140; 142, 97. Crim. Prac. Act, sec. 456. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 31, 626. § 1201. What causes may be shown 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 two 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 i'3 given of that fact, as provided in section one thousand three hundred and seventy-two, he must be brought before the court for judgment; 2. That he has good cause to offer, either in arrest of judgment or for a new trial; in which case the court may, in its discretion, order the judgment to be deferred, and proceed to decide upon the motion in arrest of judgment or for a new trial. En. February 14, 1872. Am'd. 1905, 764. The change oonsists in the substitution of the words "a state hospital for the care an-J treatment of the insane" for "lunatic asylum," after "to." — Code Commissioner's Note. Cal. Eep. Cit. 62, 55; 68, 180; 70, 471; 114, 355; 142, 97: Subd. 1—122, 411. Subd. 2—142, 94. Crim. Prac. Act, sec. 457. En. April 20, 1850. E*p. 1851, 290. En. 1851, 212. Punishment of person while insane: See post, sec. 1367. § 1202, If no cause shown, judgment to be pronounced. If no sufficient cause is alleged or appears to the court why judgment should not be pronounced, it must thereupon be rendered. En. February 14, 1872. Cal. Eep. Cit. 70, 471; 133, 123. § 1203 THE JUDGMENT. ' 426 Crim. Frac. Act, sec. 458. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Judgment, rendition of. — After a plea or verdict of guilty, the court must appoint a time for pronouncing judgment, as provided in sec. 1191, ante. § 1203. Circumstances in aggravation or mitigation of punishment. x\fter plea or verdict of guilty, where discre- tion is conferred upon the court as to flbe extent of the pun- ishment, the court, upon oral suggestion of either party that there are circumstances which may properly be taken into view, either in aggravation or mitigation of the punishment, may in its discretion, hear the same summarily at a speci- fied time and upon such notice to the adverse party as it may direct. In such cases and after the case of the defend- ant has been investigated by the probation officer and a written report filed of record in the court in accordance with this statute, and in accordance with section 131 of the Code of Civil Procedure, the court shall have power in its discre- tion to place the defendant upon probation in the manner following, if it shall appear to the judge, by such report so furnished by the probation ofiicer or otherwise, as to any such defendant over the age of sixteen years so iiav^ing pleaded guilty or having been convicted of crime, that there are circumstances in mitigation of the punishmeijt or that the ends of justice and the interest of society and the re- form of the defendant will be subserved thereby, viz.: 1. The court, judge or justice thereof may suspend the im- posing of sentence and may direct that such suspension may continue for such period of time, not exceeding the maxi- mum 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 supervision of the probation officer of said court during the suspension, or under the charge and supervision of the probation officer of the court of another county, where the court shall deem it best because of the residence or place of occupation or em- ployment of the person so released on probation, or because the ends of justice or reform of such person will be best subserved thereby. 2. If the judgment is to jjay 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 427 THE JUDGMENT. § 1203 of tirae^ not exceeding the maximum p'ossible term of sucTi sentence, and on such terms, as it shall determine, and shall place the defendant on probation, under the charge and su- pervision 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 Toeing made, judgment shall be satisfied and the probation cease. 3. At any time during the probationary term of the per- son released on probation, in accordance with the provisions of this section, any probation officer may, without warrant, or other process, at any ti?ne until the final disposition of the case, rearrest any person so placed in his care and bring him before the court. If in the opinion of the officer it is for the interest 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 recom- mendation 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 other- wise, that the person so placed upon probation is violating the conditions of his probation, or engaging in any crim- inal or immoral practices, or has become abandoned to im- proper associates, or a vicious life. Upon such revocation and termination, the court may, if the sentence has been sus- pended, pronounce judgment at anj' time after the said sus- pension of the sentence within 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 suspended, the court may revoke such suspension, where- upon 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 anv term of imprisonment provided for, b}^, 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 proba- §§ 1204-1206 THE JUDGMENT. _ 428 tion 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 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. En. February 14, 1872. Am'd. 1903, 34; 1905, 162. Cal. Eep. Cit. 122, 631. § 1204. Proof of former conviction, etc., in mitigation, how made. The circumstances must be presented by the testimony of witnesses examined in open court, except that when a witness is so sick or infirm as to be unable to at- tend, 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 kind, verbal or written, can be offered to or received by the court, or a judge thereof, in aggravation or mitigation of the punishment, except as provided in this and the preceding section. En. Feb- ruary 14, 1872. § 1205. Duration of imprisonment on judgment to pay a fine. A judgment tliat the defendant pay a fine may also direct that he be imprisoned until the fine be satisfied. But the judgment must specify the extent of the imprison- ment, which must not exceed one day for every two dol- lars of the fine, nor extend in any case beyond the term for which the defendant might be sentenced to imprison- ment for the offense of which he has been convicted. En. February 14, 1872. Am'd. 1873-4, 455; 1891, 52. Cal. Eep. Cit. 54, 205; 54, 206; 60, 435; 63, 300; 63, 301 64, 438; 66, 186; 73, 495; 73, 496; 82, 274; 82, 522 83, 389; 83, 390; 83, 391; 84, 166; 84, 167; 85, 38 88, 580; 88, 627; 94, 333; 94, 334; 97, 528; 113, 37. Crim. Prac. Act, sec. 459. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1206. Judgment to pay fine constitutes a lien. A judg- ment that a defendant pay a fine with or without the alter- native of imprisonment constitutes a lien in like manner as a judgment for money rendered in a civil action. En. Feb- ruary 14, 1872. Am'd. 1905, 764. The amendment makes the section applicable whether the fine was im- posed with or without the alternative of imprisonment. (See People V Brown, 113 Cal. 35.)— Code Commissioner's Note. 429 THE JUDGMENT. § 1207 Cal. Kep. Cit. 113, 37; 129, 548. Crim. Prac. Act, sec. 460. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Am'd. 1857, 164. Cal. Eep. Cit. 7, 209; 28, 414. See post, sec. 1570. Compare with post, sec. 1214. § 1207. Entry of judgment. When judgment upon a con- viction is rendered, the clerk must enter the same in the min- utes, stating briefly the offense for which 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 copy of the judgment. En. February 14, 1872. Am'd. 1873-4, 449; 1880, 26; 1905, 764. The design of the amendment Is to conform the section to the amend- ment to section 1176. To effect this the words "and the certified transcript of the charge of the court" are inserted after "thereon." — Cole Commissioner's Note. Cal. Eep. Cit. 52, 480; 57, 565; 58, 252; 59, 651; 65, 234; 65, 298; 71, 387; 73, 442; 77, 180; 78, 2; 88, 120; 88, 140; 88, 175; 88, 487; 103, 510; 114, 354; 118, 329; 120, 273; 121, 494; 127, 547; 133, 123; 145, 10. Crim. Prac. Act, sec. 461, En. April 20, 1850. Eep. 1851, 21 J. En. 1851, 212. Cal. Eep. Cit. 28, 415. § 1208. [No such section.] Crim. Prac. Act, sec. 462. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 28, 252; 31, 499; 31, 626; 37, 275; 37, 276; 43, 457; 44, 599. §§ 1213, 1214 THE EXECUTION. 430 CHAPTEE II. THE EXECUTION. § 1213. Execution of a judgment other than of death. § 1214. If for fine alone, execution to issue as in civil cases. § 1215. Judgment of fine and imprisonment, how executed. § 1216. Judgment of imprisonment. Duty of sheriff. § 1217. Execution upon judgment of death. § 121S. Transmission of conviction and testimony to governor. § 1219. Governor may require opinion of supreme court thereon. § 1220. Judgment of death, when suspended. § 1221. Insanity of defendant, how determined. • § 1222. Duty of district attorney upon inquisition. § 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 not pregnant, duty of warden. § 1227. Judgment of death remaining in force, not executed. No ap- peal from order of court. § 122S. Punishment of death, how inflicted. § 1229. Execution, where to take place and who to be present. § 1200. Return upon death-wairant. § 1213. Execution of a judgment other than of death. When a jiulgment, other than of death, has been pro- nounced, a certified copy of the entry thereof upon the minutes must be forthwith furnished to the officer whose duty it is to execute the judgment, and no other warrant or authority is necessary to justify or require its execution. En. February 14, 1872. Cal. Rep. Cit. 103, 413; 135, 342. Crim. Prac. Act, sec. 643. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 28, 253; 31, 499; 31, 622; 43, 457; 103, 413. § 1214. If for fine alone, execution to issue as in civil cases. If the judgment is for a fine with or without im- prisonment, execution may be issued thereon as on a judg- ment in a civil action. En. February 14, 1872. Am'd. 1905, 698. 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.)— Code Commissioner's Note. Cal. Rep. Cit. 64, 156; 64, 438; 83, 390; 83, 391; 113, 37; 129, 548. Crim. Prac. Act, sec. 464. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. See ante, sec. 1206. 431 THE EXECUTION. §§ 1215-1:17 § 1215. Judgment of fine and imprisonment, how exe- cuted. If the jiulgmeut if for imprisonment, or a fine and imprisonment until it be paid, the defendant must fortli- with be committed to the custody of the proper officer and by him detained until the judgment is complied with. Where, however, the court has suspended sentence, or where, after imposing sentence, the court has suspended the exe- cution 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 or the period of probation and the compli- ance with the terms and conditions of the sentence, or of the suspension thereof. Where, however, the probation has been terminated as provided in section twelve hun- dred and three of the Penal Code, and the suspension of the sentence, or of the execution revoked, and the judg- ment pronounced, the defendant must forthwith be com- mitted to the custody of the proper officer and be de- tained until the judgment be complied with. En. February 14, 1872. Am'd. 1903, 35. Cal. Eep. Cit. 63, 300; 64, 438; 83, 390; 94. 390. Crim. Prac. Act, sec. 465. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 31, 627. Payment of fine: See ante, sec. 1205. § 1216. Judgment of imprisonment. Duty of sheriff. 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 war- den a receipt for the defendant. En. February 14, 1872. Cal. Eep. Cit. 1.35, 340; 135, 342; 136, 21. Execution: Ante, sec. 1213. § 1217. Execution upon judgment of death. When judg- ment 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, which must not be less than §§ 121S-1221 THE EXECUTION. 432 sixty nor more than ninety days from the time of judg- ment, 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. En. February 14, 1872. Am'd. 1891, 272. Cal. Eep. Cit. 54, 92; 68, 180; 68, 181; 93, 439; 95, 429; 119, 208; 141, 554. Crim. Prae. Act, sec. 466. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1218. Transmission of conviction and testimony to governor. The judge of the court of which a conviction requiring judgment of death is had, must, immediately after the conviction, transmit to the governor, by mall or otherwise, a statement of the conviction and judgment, and of the testimony given at the trial. En. February 14, 1872. Cal. Eep. Cit. 68, 180; 68, 182. Crim. Prac. Act, sec. 467. En. April 20, 1850. Eep. 1851. 290. En. 1851, 212. § 1219. Governor may require opinion of supreme court 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. En. February 14, 1872. Crim. Prac. Act, sec. 468. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 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 provided in the six succeeding sections, unless an appeal is taken. En. February 14, 1872. Am'd. 1891, 273. Crim. Prac. Act, sec. 469. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1221. Insanity of defendant, how determined. If, after his delivery to the warden for execution, there is good rea- 433 THE EXECUTION. § 1223 son 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 list of the county, a jury of twelve persons to hear such in- quiry. Ell. February 14, 1872. Am'd. 1891, 273; 1905, 698. The amendment is designed to permit the warden to act without pro- curing the concurrence of the judge of the superior court, and re- quires 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. — Code Commissioner's Note. Crim. Prac. Act, sec. 470. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212, § 1222. Duty of district attorney upon incLuisition, 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. En. February 14, 1872. Am'd. 1905, 699. The change consists in the substitution of the word "hearing" tor "inquisition.'' — Code Commissioner's Note. Crim. Pra«. Act, sec. 471. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 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 the result thereof, and when it is found that the defendant is insane, the order must direct that he be taken to one of the state hospitals for the insane, and there kept in safe confinement until his reason is restored. En. February 14 1872. Am'd. 1891, 273; 1905, 699. The amendment requires the verdict to be entered upon the minutes, and the court to thereupon enter an order for the confinement of the defendant in a hospital if he is found to be insane. — Code Commis- sioner's Note. Crim, Prac, Act, sec. 472. En. April 20, 1850, Eep, 1851, 290, En. 1851, 212, Pen. Code— 28 §§ 1224-1225 THE EXECUTION. 434 § 1224. Defendant found to be sane, duty of warden. If it is found that the defendant is sane, the warden must proceed to execute the judgment as specified in the war- rant; 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 rea- son, the superintendent of such hospital must certify that fact to the governor, who must thereupon issue to ttfe warden his warrant, appointing a day for the execution of the judg- ment. En. February 14, 1872. Am'd. 1891, 273; 1905, 699. The amendment provides for the action to be talven when the defend- ant recovers his reason, and consists in strilcing out all of the words following "execution," and in substituting new provisions in lieu thereof. — Code Commissioner's Note. Cal. Eep. Cit. 141, 554. Crim. Prac. Act, sec. 473. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Crim. Prac. Act, sec. 474. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1225. Proceedings when female is supposed to be preg- nant. 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 jirofession, 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 evi- dence that may be produced, and make a written finding and certificate of their conclusion, to be approved by the court and spread upon the minutes. The provisions of sec- tion twelve hundred and twenty-two apply to the proceed- ings upon such inquiry. En. February 14, 1872. Am'd. 1891, 273; 1905, 699. The amendment conforms the section to the proposed change in section 1221. — Code Commissioner's Note. Crim. Prac. Act, sec. 475. En. A^jril 20, 1850. Eep. 1851, 290. En. 1851, 212. 435 THE EXECUTION. §§ 1226, 1227 § 1226. If female is not pregnant, duty of warden. If it is found that the female is not pregnant, the warden must execute the judgment; if it is found that she is pregnant the warden must suspend the execution of the judgment, and transmit a certified copy of the finding and certificate 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. En. February 14, 1872. Am'd. 1891, 274; 1905, 699. The change consists in the insertion of the words "certified copy of the finding and certificate," and in the ad-dition of the provision relative to the Governor's issuing his warrant upon receiving a cer- tificate from the warden. — Code Commissioner's Note. Cal. Eep. Cit. 141, 554. Crim. Prac. Act, ^ec. 476. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Crim. Prac. Act, sec. 477. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1227. Judgment of death remaining in force, not exe- cuted; no appeal from order of court. Tf for any reason a judgment ojl death has not been executed, and it remains in force, the court in which the conviction is had, on the ap- plication 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 his apprehension may be issued. Upon the defendant being brought before the court, it must inquire into the facts, and if no legal rea- son exists 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 execute the judg- ment at a specified time. The warden must execute the judg- ment accordingly. From an order directing and fixing the time for the execution of a judgment, as herein provided, there is no appeal. En. February 14, 1872. Am'd. 1891, 274; 1905, 700. The change ■ jonsists 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.— Code Commissioner's Note. Cal. Eep. Cit. 54, 93; 61, 539; 61, 540; 68, 180; 93, 439; 119, 207; 119, 208; 120, 627; 120, 628; 123, 489; 141, 554. Crim. Prac. Act, see. 478. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. 15 §§ 1228-1230 THE EXECUTION. 436 Cal. Eep. Cit. 39, 104. Crim. Prac. Act, sec. 479. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 39, 104. § 1228. Punishment of death, how inflicted. The punish- ment of death must be inflicted by hanging the defendant by the neck until he is dead. En. February 14, 1872. Cal. Eep. Cit. 59, 357. Crim. Prac. Act, sec. 480. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Warrant of execution: Sec. 1217, § 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 gos- pel, not exceeding two, as the defendant may name, and any persons, relatives or friends, not to exceed five, to be pres- ent 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. En. February 14, 1872. Am'd. 1891, 274. Cal. Eep. Cit. 59, 355; 59, 357; 93, 439; 95, 429. § 1230. Return upon death-warrant. After the execu- tion, 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. En. February 14, 1872. Am'd. 1891, 274. <37 APPEALS, WHEN ALLOWED. § 1235 TITLE IX. OF APPEALS TO THE SUPKEME COURT. Chapter I. Appeals, when Allowed and How Taken, and the Effect Thereof, §§ 1235-1246. II. Dismissing an Appeal for Irregularity, §§ 1248, 1249. III. Argument of the Appeal, §§ 1252-1255. IV. Judgment upon Appeal, §§ 1258-1265. CHAPTER I. APPEALS, WHEN ALLOWED AND HOW TAKEN, AND THE EF- FKCT THEREOF. § 1235. Appeal, by whom taken, on questions of law alone. § 1236. Parties, how designated on appeal. § 1237. Appeal, when may be taken by the defendant. § 1238. In what cases by the people. § 1239. Appeals, within what time to be taken. § 1240. Appeal, how taken. § 1241. When notioe may be served by publication. § 1242. Effect of an appeal by the people. § 1243. Effect of an appeal by the defen'dant. § 1244. Same. § 1245. Same. § 1246. Duty of clerks upon appeal. § 1235. Appeal, by whom taken, on questions of law alone. Either party in a prosecution by indictment or in- formation may appeal to the supreme court on questions of law alone, as prescribed in this chapter. En. February 14, 1872. Am'd. 1905/ 700. The amendment is desigred to make the section conform to Articie VI, section 4. of the Constitution, which provides that the Suprem*^ Court has jurisdiction "in all criminal cases prosecuted by indict- ment or information 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 appropriate system of appellate procedure by which it could review all other convictions based upon an indictment or information.— Code Commissioner's Note. Cal. Rep. Cit. 65, 645; 108, 663; 109, 279. Grim. Prac. Act, sec. 481. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1858, 218; 1863, 162. Cal. Rep. Cit. 9, 86; 31, 565; 34, 308; 39, 609; 42, 624- 44, 385. §§ 1236-1238 APPEALS, WHEN ALLOWED. 438 Crim. Prae. Act, sec. 482, En. April 20, 1850. "Eep. 1851, 290. En. 1851, 212. Am'd. 1858, 218; 1866, 306 (in part). Under the present constitution the appellate jurisdiction of the supreme court in criminal cases extends to "all criminal cases prosecuted by indictment or information in a court of record":. Const. Cal. 1879, art. VI, sec. 4. § 1236, Parties, how designated on appeal. The party ap- pealing 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. En. February 14, 1872. Crim. Prac. Act, sec. 483. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1237. Appeal, when may be taken by the defendant. 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. En. February 14, 1872. Cal. Eep. Cit. 54, 92; 65, 100; 65, 101; 77, 309; 82, 615; 115, 161; 117, 666; 119, 2; 132, 15; 138, 33. Subd. 1— 119, 57. Subd. 3—95, 595; 119, 209; 136, 20. § 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 sub- stantial rights of the people; En. February 14, 1872. Am'd. 1880, 26; 1897, 195; 1905, 700. The cjiange consists in the omission of subdivision 6, because the court cannot make the order therein referred to, its action being limited to advising the jury to acquit; and if this advice is followed, an appeal is necessarily unavailing, because a defendant after his acquittal cannot be placed upon trial. (See People v. Stoll, 2S Cal. Dec, p. 22.)— Co-de Commissioner's Note. 1339. An appeal from a judgment must be taken within linety days after its rendition and from an order within lixty days after it is made. (In effect 60 days from and tfter March 18, 1907.) 439 APPEALS, WHEN ALLOWED. §§ 1239-1241 Cal. Rep. Cit. 65, 79; 65, 644; 70, 18; 71, 546; 107, 478; 113, 474; 114, 68; 114, 69'. Subd. 5—114, 64. § 1239. Appeals, within what time to be taken. Ap ap- peal from a judgment must be taken within one year after its rendition, and from an order, within sixty days after it is made. En. February 14, 1872. Cal. Rep. Cit. 53, 630; 95, 595; 105, 263; 132, 139; 136, 21. Grim. P|ac. Act, sec. 485. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1240. Appeal, how taken. An appeal is taken by fil- ing with the clerk of the court in which the judgment or order appealed from is entered, a notice stating the appeal from the same, and serving a copy thereof upon the at-, torney of the adverse party. En. February 14, 1872. Am'd. 1905, 701. The change consists in the omission of the words "or filed," after "entered." — Code Commissioner's Note. Cal. Rep. Cit. 49, 455; 56, 120; 62, 482; 66, 11; 70, 34; 77, 309; 119, 669. Crim. Prac. Act, sec. 486. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Crim. Prac. Act, sec. 487. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Crim. Prac. Act, sec. 488. En. April 20, 1850. Reg. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 34, 308. § 1241. When notice may be served by publication. If personal service of the notice cannot be made, the judge of the court in which the action was tried, upon proof thereof, by affidavit filed therein, may make an order for the pub- lication of the notice in some newspaper, for a period not exceeding thirty days. Such publication is equivalent to personal service. En. February 14, 1872. Am'd. 1905, 701. The change consists in the insertion of the words "by affidavit flled therein," after "thereof," the present section being entirely silent respecting the mode of proof. — Code Commissioner's Note. Cal. Rep. Cit. 49, 455. Crim. Prac. Act, sec. 489. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. §§ lL'42-1246 APPEALS, WHEN ALLOWED. 440 § 1242. Effect of an appeal by the people. An appeal taken by the people in no case stays or affects the opera- tion of a judgment in favor of the defendant, until judg- ment is reversed. En. February 14, 1872. Crim. Prac. Act, sec. 490. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1243. Effect of an appeal by the defendant. An appeal to the supreme court from a judgment of conviction stays the execution of the judgment in all capital ckses and in all other cases, upon filing with the clerk of the court in which the conviction was had, a certificate of the judge of such court, or of a justice of the supreme court, that, in his opinion, there is probable cause for the appeal, but not o"ierwire. En. Februarv 14, 1872. Am'd. 1873-4, 450. Cal. Rep. Cit. 45, 305; 49, 682; 68, 180; 81, 164; 81, 166; 95, 596; 96, 596; 96, 597; 104, 401; 119, 129; 119, 209; 125, 252; 135, 60; 144, 657. Crim. Prac. Act, sec. 491, En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 32, 43, § 1244. Same. If the certificate provided for in the preceding section is filed, the sheriff must, if the defend- ant be in his custody, upon being served with a copy thereof, keep the defendant in his custody without execut- ing the judgment, and detain him to abide the judgment on appeal. En. February 14, 1872. § 1245. Same. If before the granting of the certificate, the execution of the judgment has commenced, the further exec-'ion thereof is suspended, and upon service of a copy of such certificate the defendant must be restored, by the officer in whose custody he is, to his original custody. En. February 14, 1872. Aioi'd. 1905, 701. The change consists in the insertion of the words "the execution of the" before "judgment."— Code Commissioner's Note. § 1246. Duty of clerks upon appeal. Upon the appeal being taken, the clerk of the court with whom the notice of appeal is filed must, within twenty days thereafter, in case the bill o- exceptions has been settled by the judge before the giving of said notice, but if not, then within 441 DISMISSING AN APPEAL. §§ 1248, 1249 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 certi- fied to and be the original) of the notice of appeal, the record, and of all bills of exceptions; and upon the re- ceipt 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 at- torney and upon the attorney-general. The printing of the above named papers is a county charge. En. February 14, 1872. Am'd. 1880, 9; 1889, 325. Cal. Eep. Cit. 49, 649; 84, 582; 115, 167; 120, 554. Crim. Prac. Act, sec. 492, En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Am'd. 1862, 536. CHAPTEE II. DISMISSING AN APPEAL FOR IKKEGULAKITY. § 124S. For what irregularity, and how dismissed. § 1240. Dismissal 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 day, on motion of the respondent, upon five days' notice, accom- panied with copies of the papers upon which the motion is founded, order it to be dismissed. En. February 14, 1872. Am'd. 1880, 10. Cal. Eep. Cit. 69, 238; 95, 595; 132, 139. Crim. Prac. Act, sec. 493. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1249. Dismissal 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 one thousand two hun- dred and forty-six, unless for good cause they enlarge the time for that purpose. En. February 14, 1872. Crim. Prac. Act, sec. 494. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. §§ 1252-1255 ARGUMENT OF THE APPEAL. 442 CHAPTEE m. ARGUMENT OF THE AFFKAU § 1252. Appeals, when to be hearj and determined. § 1253. Judgment cannot be reversed without argument. § 12.54. Number of counsel to be heard. § 1253. Defendant need not be present. § 1252. Appeals, when to he heard and determined. All appeals in criminal cases must be heard and determined by 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. En. February 14, 1872. Am'd. 1880, 10. Cal. Eep. Cit. 91, 29; 97, 249. Crim. Prac. Act, sec. 495. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1253. Judgment cannot be reversed without argument. The judgment may be affirmed if the appellant fail to ap- pear, but can be reversed only after argument, though the respondent fail to appear. En. February 14, 1872. Cal. Eep. Cit. 55, 298; 97, 248. Crim. Prac. Act. sec. 496. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 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, re- strict the argument to one counsel on each side. En. Feb- ruary 14, 1872. Cal. Eep. Cit. 55, 298. Crim. Prac. Act, sec. 497. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Am'd. 1854, 81. § 1255. Defendant need not be present. The defendant need not personally appear in the appellate court. En. Feb- ruary 14, 1872. Cal. Eep. Cit. 55, 298. Crim. Prac. Act, sec. 498. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Am'd. 1863, 162. 443 JUDGMENT UPON APPEAL. §§ 1258-1260 CHAPTEE IV. JUDGMENT UPON APPEAL,. § 12.5S. Judgment without regard to technical errors. § 1259. What may be reviewed on an appeal by defendant. § 1260. May reverse, affirm, or modify the judgment, and order new trial. § 1261. New trial, where to be had. § 1262. Defendant discharged on reversal of judgment. 5 1263. Judgment to be executed on affirmance. § 1264. Judgment upon appeal, how entered and remitted. § 1265. Jurisdiction ceases after judgment remitted. § 1258. Judgment without regard to technical errors. After hearing the appeal, the court must give judgment without regard to technical errors or defects, or to excep- tions, which do not affect the substantial rights of the parties. En. February 14, 1872. Cal. Eep. Cit. 47, 120; 50, 471; 53, 495; 55, 525; 56, 407; 57, 99; 57, 100; 58, 266; 59, 377; 59, 604; 62, 520; 63, 615; 65, 149; 65, 566; 71, 387; 73, 316; 88, 139; 88, 489; 90, 572; 94, 119; 94, 120; 102, 387; 104, 484; 105, 264; 106, 40; 109, 297; 115, 60; 117, 657; 120, 274; 133, 73; 133, 124; 137, 264; 137, 267; 138, 536; 139, 116; 139, 162; 141, 534; 144, 756; 145, 504; 147, 553. Crim. Prac. Act, sec. 499. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 44, 95. § 1259. What may be reviewed on an appeal by defend- ant. Upon an appeal taken by the defendant from a judg- ment the court may review any intermediate order or ruling ' involving the merits, or which may have affected the judg- ment. En. February 14, 1872. Cal. Eep. Cit. 65, 100; 65, 101; 119, 2; 135, 372; 135, 374; 145, 738. Crim. Prac. Act, sec. 484. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 42, 624; 44, 95. § 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 sub- §§ 1262-1264 JUDGMENT UPON APPEAL. 444 sequent to, or dependent upon, such judgment or order, and may, if proper, order a new trial. En. February 14, 1872. •' Cal. Eep. Cit. 94, 386. Crim. Prac. Act, sec. 500. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 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. En. February 14, 1872. Crim. Prac. Act, sec. 501. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1851, 407. § 1262. Defendant discharged on reversal of judgment. If 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 deposited instead of bail, that it be refunded to the defendant. En. February 14, 1872. Cal. Rep. Cit. 61, 380; 143, 220. Crim. Prac. Act. sec. 502. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1263. Judgment to be executed on affirmance. If a judgment against the defendant is affirmed, the original judgment must be enforced. En. February 14, 1872. Crim. Prac. Act, sec. 503. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1264, Judgment upon appeal, how entered and remitted. 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. En. February 14, 1872. Am'd. 1905, 701. The design of the amendment is to require a copy of the opinion ot the Supreme Court to be certified to and sent to the cleric of the court below with the remittitur. The change consists in the Inser- tion of the words "with a copy of the opinion of the court attached thereto," after "entry."— Code Commissioner's Note. 415 JUDGMENT UPON APPEAL. § 1265 Crini. Prac. Act, sec. 504. En. April 20,* 1850. Rep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 39, 104; 41, 210. § 1265. Jurisdiction ceases after judgment remitted. After the certificate of the judgment has been remitted to the court below, the appellate court has no further juris- diction of the appeal or of the proceedings thereou, aiad all orders necessary to carry the judgment into effect must be made by the court to which the certificate is remitted. En. February 14, 1872. Crini. Prac. Act, see. 506. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 39, 104; 41, 211. TITLE X. MISCELLANEOUS PEOCEEDINGS. Chapter L Bail, §§ 1268-1317. II. Who may be Witnesses in Criminal Actions, §§ 1321-1323. III. Compelling the Attendance of W^itnesses, §§ 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 Be- fore 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 Indict- ment, 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, i,§ 1407-1413. XIII. Eeprieves, Commutations, and Pardons, §§ 1417- 1423. CHAPTER I. BAIL. Article I. In What Cases the Defendant may be Admitted to Ball, §§ 126S-1274. II. Bail upon being Held to Answer before Indictment, §5 1277-1281. III. Bail upon an Indictment before Conviction, §§ 12S4-12S9. IV.. Bail on Appeal. §§ 1291-1292. v. Deposit Instead of Bail. §§ 1295-1297. BAIL. li 1268-1270 VI. Surrender of the Defendant. §§ 1300-1302. VII. Forfeiture of the Undertaking of Bail or of the Deposit ot Money, §§ 1305-1307. VIII. Recommitment of the Defendant after Having Given Ba'.l or Depositei Money Instead of Bail, §§ 1310-1317. ARTICLE I. IN WHAT tASES THE DEFENDANT MAY BE ADMITTED TO BAIL. § 126S. Admission to bail defined. § 1269. Taking of bail defined. § 1270. Offense not bailable. § 1271. Defendant when admitted to bail before conviction. § 1272. When admitted to bail after conviction and upon appeal. § 1273. Nature of bail. § 1274. When ball 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. En. February 14, 1872. Cal. Rep. Cit. 54, 103. Crim. Prac. Act, sec. 507. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Bail, where taken: See ante, sec. 822; post, sec. 1284. § 1269. Taking of bail defined. The taking of bail. con- sists in the acceptance, by a competent court or magistrate, of the undertaking of sufticient 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 speci- fied sum. En. February 14, 1872. Crim. Prae. Act, sec. 508. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit, 19, 681. Excessive bail. — Excessive bail shall not be required: Cal. Const., art. 1, sec. 6; U. S. Const., Amendment 8. § 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 presump- tion thereof great. The finding of an indictment does not §§ 1271-1273 BAIL. 448 add to the strength of the proof or the presumptions to be drawn therefrom. En. February 14, 1872. Cal. Eep. Cit. 68, 177; 85, 365; 92, 189. Crim. Prac. Act, sec, 510. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Am'd. 1866, 418. Cal. Rep. Cit. 19, 542. Constitutional provision. — All persons shall be bailable by sufficient sureties, unless for capital offensps when fhe proof is evident or the presumption great Art. I, sec. 6. § 1271. Defendant when admitted to bail before con- viction. If the charge is for any otlier offense, he may be admitted to bail before conviction, as a matter of right. En. February 14, 1872, Cal. Rep. Cit. 54, 103; 68, 177; 68, 178; 68, 180; 68, 182; 68, 183; 92, 189, Crim. Prac. Act, sec. 509. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Am'd. 1863, 151. . Cal. Rep. Cit. 19, 542. § 1272, When admitted to bail after conviction and upon appeal. After conviction of an offense not punishable with death, a defendant who has appealed may be admitted to bail : 1. As a matter of riglit, when the appeal is from a judg- ment imposing a fine only. 2. As a matter of discretion in all other cases. En. Feb- ruary 14, 1872. Cal, Rep. Cit. 48, 552; 49, 681; 62, 491; 68, 177; 68, 178; 68, 180; 68, 182; 68, 183; 89, 80; 89, 81; 112, 629, Crim, Prac. Act, sec. 512. En. April 20, 1850, Rep. 1851, 290, En, 1851, 212, Cal. Rep. Cit. 41, 30, § 1273. Nature of bail. If the offense is bailable, the defendant may be admitted to bail before conviction: First — For his appearance before the magistrate, on the examination of the charge, before being held to answer. Second — To appear at the court to which the magistrate is required to return the depositions and statement, upon the defendant being held to answer after examination. 449 BAIL,. § 1274 Third — After indictment, either before the bench-warrant is issued for his arrest, or upon any order of the court com- mitting him, or enlarging the amount of bail, or upon Ms being surrendered by his bail to answer the indictment in the court in which it is found, or to which it may be trans- ferred for trial. And after conviction, and upon an appeal: First — If the appeal is from a judgment imposing a fine only, on the undertaking of bail that he will pay the same, or such part of it as the appellate court may direct, if the judgment is affirmed or modified, or the appeal is dis- missed. Second — If judgment of imprisonment has been given, that he will surrender himself iy execution of the judgment, upon its being affirmed or modified, or upon the appeal be- ing dismissed, or that in case the judgment be reversed, and that the cause be remanded for a new trial, that he will ap- pear in the court to which said cause may be remanded, and submit himself to the orders and process thereof. En, Feb- ruary 14, 1872. Am'd. 1875-6, 116. Cal. Rep. Cit. 54, 103. Crim. Frac. Act, sec. 513. En. April 20, 1850. Rep. 1851, 290. Kn. 1851, 212. Crim. Prac. Act, sec. 514. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 20, 529. § 1274. When bail is matter of discretion, notice of ap- plication must be given to district attorney. When the ad- mission to bail is a matter of discretion, the court or officer to whom the a.pplieation is made must require reasonable notice thereof to be given to the district attorney of the county. En. February 14, 1872. Crim. Frac. Act, sec. 511. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Pen. Code— 29 §§ 1277-1278 BAIL. 450 ARTICLE n. BAIL, UPON BEING HELD TO ANSWER BEFORE INDICTMENT. 1277 1278, 1279 1280, 1281 What magistrates may a-dmit to bail. Bail, how put in and form of the undertaking. Qualifications of bail. Bail, how to justify. On allowance of bail, defendant to be discharged. § 1277. What magistrates may admit to bail. When the defendant has been held to answer upon an examination for a public offense, the admission to bail may be by the magis- trate by whom he is so held, or by any magistrate who has power to issue the writ of habeas corpus. En. February 14, 1872. Crim. Prac. Act, sec. 515. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1278. Bail, how put in, and form of the undertaking. Bail is put in by a written undertaking, executed by two sufficient sureties, (with or without the defendant, in the discretion of the magistrate) and acknowledged before the court or magistrate, in substantially the following form: An order having been made on the day of , A. D. eighteen , by A B, a justice of the peace of county, [or as the case may be] that C D be held to answer upon a' charge of [stating briefly the nature of the offense], upon which he has been admitted to bail in the sum of . dollars; we, E F and G H, [stating their place of residence and occupation] hereby undertake that the above- named C D will appear and answer the charge above men- tioned, in whatever court it may be prosecuted, and will at all times hold himself amenable to the orders and process of the court, and if convicted, will appear for judgment, and render himself in execution thereof, or, if he fails to per- form either of these conditions, that we will pay to the peo- ple of the state of California the sum of dollars [in- serting the sum in which the defendant is admitted to bail.] En. February 14, 1872. Cal. Rep. Cit. 54, 410. Crim. Prac. Act, sec. 516. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 19, 681; 19, 682; 35, 109. 451 BAIL. §§ 1279-1281 § 1279. Qualifications of bail. The qualifications of bail are as follows: 1. Each of them must be a resident, householder, or free- holder within the state; but the court or magistrate may- refuse to accept any person as bail who is not a resident of the county where bail is offered. 2. They must each be worth the amount specified in the undertaking, exclusive of property exempt from execution; but the court or magistrate, on taking bail, may allow more than two sureties to justify severally in amounts less than that expressed in the undertaking, if the whole justifica- tion be equivalent to that of sufficient bail. En. February 14, 1872. Cal. Eep. Cit. 65, 583. Crim. Prac. Act, sec. 517. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Am'd. 1855, 269. § 1280. Bail, how to justify. The bail must in all cases justify by affidavit taken before the magistrate, that they each possess the qualifications provided in the preceding section. The magistrate may further examine the bail upon oath concerning their sufficiency, in such manner as he may deem proper. En. February 14, 1872. Cal. Eep. Cit. 65, 583. Crim. Prac. Act, sec. 518. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Crim. Prac. Act, sec. 519. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1281. On allowance of bail, defendant to be discharged. Upon the allowance of bail and the execution of the under- taking, the magistrate must, if the defendant is in custody, make and sign an order for his discharge, upon the deliv- ery of which to the proper officer, the defendant must be discharged. En. February 14, 1872. Cal. Eep. Cit. 51, 470; 54, 411; 65, 583. §§ 1284-1287 AETICLE in. BAIL UPON AN INDICTMENT BEFORE CONVICTION. § 1284. When offense is not capital. § 1285. When the offense is capital. § 12S6. Bail on habeas corpus. § 1287. Form of undertaking. § 12SS. Sections applicable to qualifications, etc. § 1289. Increase or reduction of ball. § 1284. When offense is not capital. When the offense charged is not punishable with death, the officer serving the bench-warrant must, if required, take the defendant before a magistrate in the county in which it is issued, or in which he is arrested, for the purpose of giving bail. En. February 14, 1872. Am'd. 1880, 26. Cal. Eep. Cit. 65, 582. Grim. Prac. Act, sec. 520. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1285. When the offense is capital. If the offense charged is punishable with death, the officer arresting the defendant must deliver him into custody, according to thp command of the bench-warrant. En. February 14, 1872. Am'd. 1880, 26. Cal. Eep. Cit. 59, 417. Crim. Prac. Act, sec. 521. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1286. Bail on habeas corpus. When the defendant is so delivered into custody, he must be held by the sheriff, unless admitted to bail on examination upon a writ of habeas corpus. En. February 14, 1872. Cal. Eep. Cit. 59, 417. Crim. Prac. Act, sec. 522. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Offense not bailable: See. ante, sec. 1270. § 1287. Form of undertaking. The bail must be put in by a written undertaking, executed by two sufficient sure- ties, (with or without the defendant, in the discretion of the court or magistrate) and acknowledged before the court or magistrate, in substantially the following form: 453 BAIL,. §§ 12S8, 1289 An indictment having been found on the day of , A. D. eighteen , in the county court of the county of , charging A B with the crime of , [designating it generally'] and he having been admitted to bail in the sum of dollars, we, C D and E F, of [stating their place of residence and occupa- tion] hereby undertake that the above-named A B will appear and answer the indictment above mentioned, in whatever court it may be prosecuted, and will at all times render himself amenable to the orders and process of the court, and, if convicted, will appear for jiidgment and render himself in execution thereof; or, if he fails to per- form either of these conditions, that we will pay to the people of the state of California the sum of dollars [inserting the sum in which the defendant is admitted to bail]. En. February 14, 1872. Cal. Eep. Cit. 63, 409. Crim. Prac. Act, sec. 523. En. April 20, 18.50. Eep. 1851, 290. En. 1851, 212. Am'd. 1863, 162. Action on forfeiture: Post, sec. 1306. § 1288. Sections applicable to qualifications, etc. The provisions contained in sections twelve hundred and seventy- nine, twelve hundred and eighty, and twelve hundred and eighty-one, in relation to bail before indictment, apply to bail after indictment. En. February 14, 1872. Am'd. 1873-4, 450. Crim. Prac. Act, sec. 524. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1289. Increase or reduction of bail. After a defendant has been admitted to bail upon an indictment or informa- tion, 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 defendant 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 application must be served upon the dis- trict attorney. En. Stats. 1873-4, 450. Am'd. 1880, 27. §§ 1291-1295 BAIL. 454 AETICLE IV. BAIL ON APPEAL. § 1291. Who may admit to bail. § 1292. Bail, qualifications of, and condition of undertaking. § 1291. Who may admit to bail. In the cases in which defendant may be admitted to bail upon an appeal, the or- der admitting him to bail may be made by any magistrate having the power to issue a writ of habeas corpus, or by the magistrate before whom the trial was had. En. Febru- ary 14, 1872. Am'd. 1877-8, 122. Crim. Prac. Act, sec. 525. En. April 20, 1850. Eep.' 1851, 290. En. 1851, 212. .See ante, see. 1273. § 1292. Bail, qualifications of, and condition of under- taking. The bail must possess the qualifications, 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. En. February 14, 1872. Crim. Prac. Act, sec. 527. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. AETICLE V. DEPOSIT INSTEAD OF BAIL. 5 1295. Deposit, when and how made. § 1296. May, after bail is given an-d before forfeiture. 8 1297. Deposit to be applied to payment of judgment and fine. § 1295. Deposit, when and how made. The defendant, at any time after an order . admitting him to bail, instead of giving bail, may deposit with the clerk of the court in ■ which he is held to answer, the sum mentioned in the order, and upon delivering to the officer in whose custody he is a certificate of the deposit, he must be discharged from custody. En. February 14, 1872. Cal. Eep. Cit. 83, 391. Crim. Prac. Act, sec. 528. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. 455 BAIL. §§ 1296-1300 Eeturn of deposit on surrender before forfeiture: Post, sec. 1302. § 1296. May, after bail is given and before forfeiture. If the defendant has given bail, lie may, at any time before the forfeiture of the undertaking, in like manner deposit the sum mentioned in the recognizance, and upon the de- posit being made the bail is exonerated. En. February 14, 1872. Crim. Prae. Act, sec. 529. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 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 satisfying the fine and costs, must refund the surplus, if any, to the defendant. En. February 1-4, 1872. Crim. Prae. Act, sec. 530. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. ARTICLE VI. SURRENDER OF THE DEFENDANT. § 1300. Surrender, by whom, when, and how made. § 1301. Defendant, how surrendered. § 1302. Return of deposit on surrender. § 1300. Surrender, by whom, when, and how made. At any time before the forfeiture of their undertaking the bail may surrender the defendant in their exoneration, or he may surrender himself, to the officer to whose custody he was committed at the time of giving bail, in the fol- lowing manner: 1. A certified copy of the undertaking of the bail must be delivered to the officer, who must detain the defendant in his custody thereon as upon a commitment, and by a cer- tificate in writing acknowledge the surrender; 2. Upon the undertaking and the certificate of the officer, the court in which the action or appeal is pending may, upon notice of five days to the district attorney of the county, T^fith a copy of the undertaking and certificate, or- §§ 1301-1305 BAIL. 456 der that the bail be exonerated, and on filing the order and the papers used on the application, they are exonerated accordingly. En. February 14, 1872. Cal. Eep. Cit. 102, 312. Crim. Prac. Act, sec. 531. En. April 20, 1850. -Eep. 1851, 290. En. 1851, 212. Crim. Prac. Act, sec. 532. En. April 20, 1850. Eep. 1851, 290. En, 1851, 212. § 1301. Defendant, how surrendered. For the purpose of surrendering the defendant, .the bail, at any time before they are finally discharged, and at any place within the state, may themselves arrest him, or by a written author- ity, indorsed on a certified copy of the undertaking, may empower any person of suitable age and discretion to do so. En. February 14, 1872. Crim. Prac, Act, sec. 533. En. April 20, 1850, Eep, 1851, 290, En. 1851, 212, § 1302, Return of deposit on surrender. If money has been deposited instead of bail, and the defendant, at any time before the forfeiture thereof, surrenders himself to the officer to whom the commitment was directed, in the manner provided in the last two sections, the court must order a return of the deposit to the defendant, upon pro- ducing the certificate of the ofiicer showing the surrender, and upon a notice of five days to the district attorney, with a copy of the certificate. En. Februaiy 14, 1872, Crim. Prac. Act, sec. 534. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Deposit instead of bail: Ante, sees. 1295 et seq. AETICLE VII. FORFKITfRE OF THE UNDERTAKING OF BAIL, OR OF THI'J DEPOSIT OF MONEY. § 1305. How forfeitecl, and how forfeiture discharged. § 1306. Forfeiture to be enforced by action. 8 1307. Deposit of money, when forfeited, how disposed of. § 1305. How forfeited, and how forfeiture discharged. If, without sufficient excuse, the defendant neglects to ap- pear for arraignment or for trial or judgment, or upon any 457 BAIT.. §§ 1306, 1307 other occasion when his presence in court may be lawfully required, or to surrender himself in execution of the judg- ment, the court must direct the fact to be entered upon its minutes, and the undertaking of bail, or the money depos- ited instead of bail, as the case may be, must thereupon be declared forfeited. But if at any time within twenty days after such entry in the minutes, the defendant or his bail appear and satisfactorily excuse his neglect, the court may direct the forfeiture of the undertaking or the deposit to be discharged upon such terms as may be just. En. February 14, 1872. Am'd. 1905, 701. The words "within twenty days after such entry in the minutes" are substituted for the words "before the final Judgment of the court," after "time." — Code Commissioner's Note. Cal. Eep. Cit. 102, 312. Crim. Prac. Act, see. 535. En. April 20, 1850. Rep. 1851J 290. En. 1851, 212. Crim. Prac. Act, sec. 536. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1306. Forfeiture to be enforced by action. If the for- feiture is not discharged, as provided in the last section, the district attorney may at any time after twenty days from the entry upon the minutes, as provided in the last section, proceed by action against the bail upon their undertaking. En. February 14, 1872. Am'd. 1905, 702. The amendment is designed to conform the section to the amendment to section 1305, and the change consists in the substitution of the words "twenty days from the entry upon the minutes, as provide-J in the last section" for the words "the adjournment of the court," after the word "after."— Code Commissioner's Note. Cal. Rep. Cit. 63, 410. Crim. Prac. Act, sec. 537. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 7, 404; 19, 682. District attorney authorized to bring action: Pol. Code,^ sec. 4256, subd. 3. § 1307. Deposit of money, when forfeited, how disposed of. If, by reason of the neglect of the defendant to ap- pear, money deposited instead of bail is forfeited, and the forfeiture is not discharged or remitted, the clerk with whom it is deposited must, at the end of thirty days, unless the court has before that time discharged the forfeiture, §§ 1310, 1311 BAIL. 458 pay over the money deposited to the county treasurer. En. February 14, 1872. Am'd. 1905, 702. The change consists in the insertion of the words "at the end ol thirty days, unless the court has before that time discharged the forfeiture," in place of the words "immediately after the adjourn- ment of the court." — Code Commissioner's Note. Crim. Prac. Act, sec. 538. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. AETICLE Vni. RECOMMITMENT OF THE DEFENDANT, AFTER H.WING GIVKN B.\IL OR DEPOSITED MONEY INSTEAD OF BAIL. § 1310. In what cases. § 1311. Contents of order. § 1312. Defendant may be arrested in any county. § 13i3. If for failure to appear, defendant must be committed. § 1314. If for other cause, he may be admitted to ball. § 1315. Bail in such case, by whom taken. § 1316. Form of the undertaking. § 1317. Bail must possess what qualifications, and how put in. § 1310. In what cases. The court to which the com- mitting magistrate returns the depositions, 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 minutes, 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 in- stead thereof. 2. When it satisfactorily appears to the court that his bail, or either of them, are dead or insufficient, or have re- moved from the state. 3. Upon an indictment being found or information filed in th« cases provided in section nine hundred and eighty-five. En. February 14, 1872. Am'd. 1880, 27. Crim. Prac. Act, sec. 539. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1311. Contents of order, i'he order for the recommit- ment of the defendant must recite generally the facts upon which it is founded and direct that the defendant be arrested 459 BAIL. §§ 1312-131.-. by any sheriff, 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 le- gally discharged. En. February 14, 1872, Grim. Prac. Act, sec. 540. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 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. En. February 14, 1872. Grim. Prac. Act, sec. 541. En. April 20, 1850. Eep. 185 J, 290. En. 1851, 212. § 1313. If for failure to appear, defendant must be com- mitted. 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. En. February 14, 1872. Grim. Prac. Act, sec. 542. En. April 20, 1850. Kep. 1851, 290. En. 1851, 212. § 1314. If for other cause, he may be admitted to bail. If the order be made for any other cause, and the offense is bailable, 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. En. February 14, 1872. Grim. Prac. Act, sec. 543. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1315. Bail in such case, by whom taken. When the defendant is admitted to bail, the bail may be taken by any magistrate 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 by the court. En. February 14, 1872. Grim. Prac. Act, sec. 544. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1316. Form of the undertaking. When bail is taken upon the recommitment of the defendant, the undertaking must be in substantially the following form: §§ 1317, 1321 WHO MAY BK WITNESSES. 460 An order having been made on the day of , A. D. eighteen , by the court, [naming it] that A B be admitted to bail in the sum of dollars, in an action pending in that court against him in behalf of the people of the state of California, upon an [information, present- ment, indictment, or appeal, as the case may be], we, C D and E F, of [stating their places of residence and occu- pation], 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, present- nient, indictment, 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]. En. Febru- ary 14, 1872. Crim. Prac. Act, sec. 54.5. En. April 20, 1850. Eep. 1851, 290, En. 1851, 212. § 1317. Bail must possess what qualifications, and how put in. The bail must possess the qualifications, and must be put in, in all respects, in the manner prescribed in article II this chapter. En. Februarj^ 14, 1872. Qualifications of bail: See ante, sec. 1279. Crim. Prac. Act, sec. 546. En. April 20, 1850. Eep. 1851, 290, En. 1851, 212. CHAPTER TI. WHO MAT BE WITNESSES IN CRIMINAL ACTIONS. § 1321. Who are competent witnesses. § 1322. When husband and wife are competent witnesses. § 1323. When the defendant is not a competent witness. § 1321. Who are competent witnesses. The rules for de- termining the competency of witnesses in civil actions are applicable also to criminal actions and proceedings, except as otherwise provided in this code. En. February 14, 1872. Cal. Eep. Cit. 47, 126; 70, 54; 104, 486; 106, 92. Competency of witness: See Code Civ. Proc, sees. 1879 et seq. 1333. Neither husband nor wife is a competent witness )r or against tlie otlier in a criminal action or proceeding ) which one or both are parties, except with the consent f both, or in cases of criminal violence upon one by the ther, or in cases of criminal actions or proceedings brought nder the provisions of sections 270 and 270a of this code, r in cases of criminal actions or proceedings for bigamy r adultery. (In effect 60 days from and after March 15, )07.) :61 WHO MAY BE WITNESSES. §§ 1322, 1323 Examination of witnesses: Code Civ. Proc, sec. 2044. Impeachment of witness: Code Civ. Proc, sec. 2051. Attendance of witnesses: See post, sees. 1326 et seq. Defendant as witness: See ante, sec. 688; post, sec. 1323. Examination of witnesses conditionally: See post, sec. 133.5. Examination of witnesses on commission See post, sees. 1349-1362. Interpreter, acts relating to appointment of: See post, Ap- pendix, title Interpreters. Interpreter, when sworn: Code Civ. Proc, sec. 1884. Judge or juror as witness: Code Civ. Proc, sec 1883. Rules of examination of witnesses: Code Civ. Proc, sees. 2042-2054. Witness defined: Code Civ. Proc, sees. 1878. Witness, duties and rights of: Code Civ. Proc, sees. 2042- 2054. § 1322. When husband and wife are competent witnesses. 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 eases of criminal actions or proceedings brought under the provisions of section 270 of this code, or in cases of criminal actions or proceedings for bigamy. En. February 14, 1872. Am'd. 1873-4, 451 j 1905, 140. Cal. Rep. Cit. 64, 257; 64, 259; 70, 54; 73, 637; 137, 536. Husband or wife as witness: See Code Civ. Proc, sec 1881, subd. 1. § 1323. When the defendant is not a competent wit- ness. A defendant in a criminal action or proceeding can- not be compelled to be a witness against himself; but if he offer himself as a witness, he may be cross-examined by the counsel for the people as to all matters about which he was examined in chief. His neglect or refusal to be a witness cannot in any manner ])reju(lice him, nor be used against him on the trial or proceeding. En. February' 14, 1872. Am'd. 1873-4, 451. § 1326 COMPELLING ATTENDANCE OF WITNESSES. 462 Cal. Eep. Cit. 47, 126; 53, 67; 57, 573; 66, 603; 66, 604; 70, 54; 73, 245; 75, 386; 75, 387; 75, 388; 75, 416; 78, 92; 78, 94; 81, 116; 83, 139; 83, 378; 98, 238; 99, 36i; 99, 442; 100, 475; 100, 481; 100, 482; 104, 487; 118, 461; 122, 126; 122, 497; 134, 142; 134, 689; 143, 388; 145, 506. CHAPTEE in. COMPELLING THE ATTENDANCE OF WITNESSES.- § 1326. Subpoena defined, and who may issue. § 1327. Form of subpoena. § 132S. Subpoena, by whom and how served. § 1329. Expenses of witness fiom without the county, or poor. § 1330. Attendance of witness residing or served out of the county. § 1331. Disobedience to subpoena, etc. § 1332. Failure to appear, undertaking forfeited. § 1333. Temporary removal of imprisoned witness. § 1326. Subpoena defined, and who may issue. The pro- cess by which the attendance of a witness before a court or magistrate is required is a subpoena; it may be signed and issu-^d by: 1. A magistrate before whom a complaint is laid, for witnesses in the state, either on behalf of the -people or of the defendant. 2. The district attorney, for witnesses in the state, in support of the prosecution, or for such other witnesses as the grand jury, upon an investigation pending before them, may direct. 3. The district attorney, for witnesses in the state, in support of an indictment or information, to appear before the court in which it is to be tried. 4. The clerk of the court in which an indictment or information is to be tried; and he must, at any time, upon application of the defendant, and without charge, issue as many blank subpoenas, subscribed by him as clerk, for wit- nesses in the state, as the defendant may require. En. February 14, 1872 Am'd. 1880, 27. Crim. Prac. Act, sec. 547. En. April 20, 1850. Eep. 1851, 290. Crim. Prac. Act, sec. 548. En. April 20, 1850. Eep. 1851, 290. 463 COMPELLING ATTENDANCE OF WITNESSES. §§ 1327, 13:!8 Crim. Prac. Act, sec. 549. En. April 20, 1850. Eep. 1851, 290. Crim. Prac. Act, sec. 550. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Crim. Prac. Act, sec. 551. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Subpoena defined: Code Civ. Proc, sec. 1985. § 1327. Form of subpoena. A subpoena authorized by the last section must be substantially in the following form: The people of the state of California to A B: You are eonjmanded to appear before C D, a justice of the peace of township, in ■ — — county, [or as the case may be] at [naming the place], on [stating the day and hour], as a witness in' a criminal action prosecuted by- the people of the state of California against E F. Given under my hand this day of , A. D. eighteen , G H, justice of th'e peace, [or "J K, dis- trict attorney, " or " By order of the court, L M, clerk, ' ' or as the case may be]. If books, papers, or documents are required, a direction to the following effect must be con- tained in the subpoena: "And yo^i are required, also, to bring with you the following [describing intelligibly the books, papers, or documents required]. En. February 14, 1872. Crim. Prac. Act, sec. 552. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Crim. Prac. Act, see. 553. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1328. Subpoena, by whom and how served. A sub- poena may be served by any person, but a peace officer must serve in his county any subpoena delivered to him for service, either on the part of the people or of the de- fendant, and must, without delay, make a written return of the service, subscribed by him, stating the time and place of service. The service is made by showing the orig- inal to the witness personally, and informing him of its contents. En. February 14, 1872. Crim. Prac. Act, sec. 554. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Crim. Prac. Act, sec. 555. En." April 20, 1850. Rep. 1851, 290. En. 1851, 212. §§ 1329-1331 COMPELLIXG ATTENDANCE OF WITNESSES. 461 Subpoena, how served in civil cases: Code Civ. Proc, see. 1987. § 1329. Expenses of witness from without the county, or poor. When a person attends before a magistrate, grand jury, or court, as a witness in a criminal case, upon a subpoena or in pursuance of an undertaking, and it appears that he has come from a place outside of the county, or that he is poor and unable to pay the expenses of such at- tendance, the court, at its discretion, if the attendance of the witness be upon a trial by an order upon its min- utes, or in any other case, the judge, at his discretion, by a written order, may direct the county ai*ditor to draw his warrant upon the county treasurer in favor of witness for a reasonable sum, to be specified in the order, for the necessarv expenses of the witness. En. February 14, 1872. Am'd. 1875-6, 117. Cal.Eep.Cit. 64, 244; 109, 334; 109, 335; 130, 676; 130, 677. Crim. Prac. Act, sec. 556. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Am'd. 1872, 82. Cal. Eep. Git. 36, 555; 36, 557. Grim. Prac. Act, sec. 557. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Git. 36, 555; 36, 557. § 1330. Attendance of witness residing or served out of the county. No person is obliged to attend as a witness before a court or magistrate out of the county where the witness resides, or is served with the subpoena, unless the judge of the court in which the offense is triable, or a justice of the supreme court, or a judge of a superior court, upon an affidavit of the district attorney or prosecu- tor, or of the defendant, or his counsel, stating that he believes the evidence of the witness is material, and his attendance at the examination or trial necessary, shall in- dorse on the subpoena an order for the attendance of the witness. En. February 14, 1872. Am'd. 1880, 34. Cal. Eep. Git. 70, 205; 132, 305. Crim. Prac. Act, sec. 558. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1331. Disobedience to subpoena, etc. Disobedience to a subpoena, or a refusal to be sworn or to testify as a 465 COMPELLING ATTENDANCE OP "WITNESSES. §§ 1332, 13^3 witness, may be punished by the court or magistrate as a contempt. A witness 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. En. February 14, 1872. Crim. Prac. Act, sec. 559. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Crim. Prac. Act, sec. 561. En. April 20, 1850. Eep. 1851, 290. En, 1851, 212. Contempts: Code Civ. Proc, sees. 1209-1222. § 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. En. February 14, 1872. Crim. Prac. Act, sec. 560. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1333. Temporary removal of imprisoned witness. 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 re- moval from such prison or jail, and for his production be- fore 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 applica- tion is made, such order shall only be made upon the affi- davit 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 prisoner before the proper court, to safely koep 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. En. Stats. 1877-8, 123. Cal. Rep. Cit. 82, 457; 82, 461; 82, 463; 82, 468. Pen. Code— 30 §§ 1333, 1336 EXAMINATION CONDITIONALLY. 466 CHAPTER IV. EXAMINATION OF WITNESSES CONDITIONALLY. § 1335. Examination of witnesses conditionally. § 1336. In what cases order may be applied for. § 1337. Application, ho A' 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. Objections, etc. § 1346. Deposition of witness imprisoned in another county. § 1335. Examination of witnesses conditionally. When a defendant has been held to answer a charge for a public offense, he, in all cases, and the people in cases other than of homicide, may, either before or after an indictment or information, have witnesses examined conditionally in his or their behalf, as prescribed in this chapter. En. Febru- ary 14, 1872. Am'd. 1880, 27; 1905, 702. 1335, 1336, 1337, 1338, 1339, 1340, 1341. By the amendment to the above sections, the provisions of the statute respecting the condltion^tl examination 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 who 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 section 13 of Article I of the Constitution, which provides that "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 tnf^re is reason to believe that the witness, from inabilty or other cause, . will not attend the trial." — Code Commissioner's Note. Crim. Prac. Act, sec. 562. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 38, 186; 38, 187. § 1336. In wliat cases an order may be applied for. When a material witness for the defendant, or for the peopie, is about to leave the state, or is so sick or infirm as to 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 conditionally. En. February 14, 1872. Am'd. 1905, 702. See note to § 1335, ante. 467 EXAMINATION CONDITIONALLY. §§ 1337-1339 Cal. Eep. Cit. 66, 396; 82, 463. Crim. Prac. Act, sec. 563. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 186. § 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 apprehend- ing that he will not be able to attend the trial. En, Fjeb- ruary 14, 1872. Am'd. 1905, 703. See note to § 1335, ante. Cal. Rep. Cit. 82, 463. Crim. Prac. Act, sec. 566. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 38, 186. § 1338. Application, to whom made. The application may be made to the court, or a judge thereof, and must be upon three days' notice to the opposite party. En. Febru- ary 14, 1872. Am'd. 1880, 5; 1905, 703. See note to § 1335, ante. Crim. Prac. Act, sec. 567. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1339. Order, what to contain. If the court or judge is satisfied that the examination of the witness is necessary, an ordur must be made that the witness be examined con- ditionally, at a S2>ecified time and place, and before a magis- trate designated therein. En, February 14, 1872. Am'd. 1905, 703. See note to § 1335, ante. Crim. Prac. Act, sec. 568. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Crim. Prac. Act, sec. 569. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. 16 §§ 1340-1345 EXAMINATION CONDITIONALLY. 468 § 1340. Defendant has right to be present at examina- tion. The defendant has the right to be present in person and with counsel at such examination, and if the defendant is in custody, the officer in whose custody lie is, must be informed of the time and place of such examiuaticra, and must take the defendant thereto, and keep him in the pres- ence and hearing of the witness during the examination. En. February 14, 1872. Am'd. 1905, 703. See note to § 1335, ante. § 1341. Examination not to proceed, when. If, at the time and place so designated, it is shown to the satisfac- tion of the magistrate that the witness 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. En. February 14, 1872. Am'd. 1905, 703. See note to § 1335, ante. § 1342. Attendance of witness, how enforced. The at- tendance of the witness may be enforced by a subpoena, issued by the magistrate before whom the examination is to be taken. En. February 14, 1872. § 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. En. Febru- ary 14, 1872. § 1344. Deposition to be transmitted to clerk. The depo- sition taken must, by the magistrate, be sealed up and transmitted to the clerk of the court in which the action is pending, or may come for trial. En. February 14, 1872. § 1345. When may be read in evidence. Objections, etc. The deposition or a certified copy thereof, may be read in evidence by either party on the trial, upon its appear- ing that the witness is unable to attend, by reason of his death, insanity, sickness, or infirmity, or of his continued 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 ex- amined orally in court. En. February 14, 1872. 469 EXAMINATION CONDITIONALLY. §§ 1346, 1343 Cal. Eep. Cit. 75, 303; 108, 445. Crim. Prac. Act, sec. 582. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1346. Deposition of witness imprisoned in another county. When a iiuiterial witness for a defendant, under a criminal charge, is a prisoner in the state prison, or in the county jail of a county other than 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 the 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, be- fore the warden or clerk of the board of directors of the state prison, whose duty it shall be to act without compensa- tion. Every officer, before whom testimony shall be taken by virtue 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. En. Stats. 1877-8, 123. Am'd. 1880, 28. Cal. Eep. Cit. 82, 457; 82, 463. CHAPTEE V. EXAMINATION OF WITNESSE.S ON COMMISSION. § 1349. ■ Examination of witness residing out of the state. § 1350. When defendant may apply for an order to examine. § 1351. Commission defined; § 1352. Application made on affidavit. § 1353. Application, to whom made. § 1354. Order for commission, when grante-d, stay of proceedings. § 1355. Interrogations, how settled and allowed. § 1356. Direction as to the return of the commission. § 1357. Commission, how executed. § 1358. Returned commission, delivered to an agent. § 1359. Same. § 1360. When and how filed. § 1361. CJonmiission and return, open for Inspection. Copies, etc. § 1362. Depositions to be read in evidence. Objections. § 1349. Examination of witness residing out of the state. When an issue of fact is joined upon an indictment or in- formation, the defendant may have any material witness, §§ 1350-1354 FXAMINATION ON COMMISSION. 470 residing out of the state, examined in his behalf, as pre- scribed in this chapter, and not otherwise. En. February 14, 1872. Am'd. 1880, 28. Cal. Eep. Cit. 84, 26. § 1350. When defendant may apply for an order to ex- amine. When a material witness for the defendant resides out of the state, the defendant may apply for an order that the witness be examined on a commission. En. February 14, 1872. § 1351. Commission defined. A commission is a process issued under the seal of the court and the signature of the clerk, directed to some person designated as com- missioner, authorizing him to examine the witness upon oath or on interrogatories annexed thereto, to take and certify the deposition of the witness, and to return it ac- cording to the directions given with the commission. En. February 14, 1872. Crim. Prac. Act, sec. 564. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 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 material to the defense of the action; 4. That the witness resides out of the state. En. Feb- ruary 14, 1872. § 1353. Application, to whom made. The application may be made to the court, or a judge thereof, and must be upon three days' notice to the district attorney. En. February 14, 1872. Am'd. 1880, 6. Crim. Frac. Act, sec. 573. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1354. Order for commission, when granted, stay of proceedings. If the court to whom the application is made is satisfied of the truth of the facts stated, and that the examination of the witness is necessary to the attain- men of justice, an order must be made that a commis- 471 EXAMINATION ON COMMISSION. §§ 1355-1357 sion 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. En. February 14, 1872. Am'd. 1880, 28. Cal. Eep. Cit. 84, 26; 108, 11. § 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 inter- rogatories to be annexed thereto, with two days' 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, ro be annexed to the commission, with the like notice. In thq interrogatories either party may insert any questions per- tinent to the issue. When the interrogatories and cross- interrogatories are presented to the court or judge, ac- cording 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. En. February 14, 1872. Grim. Prac. Act, sec. 570. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Grim. Prac. Act, sec. 571. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Grim. Prac. Act, sec. 572. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 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 returned 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. En. February 14, 1872. Grim. Prac. Act, sec. 574. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1357. Commission, how executed. The commissioner, unless otherwise specially directed, may execute the com- mission as follows: § 135S EXAMINATION ON COMMISSION. 472 First. He must publicly administer an oath to the wit- ness that his answers given to the interrogatories shall be the truth, the whole truth, and nothing but the truth. Second. He must cause the examination of the witness to be reduced to writing, 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 witness, they, or copies of them, must be annexed to the deposition subscribed by the wit- ness 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 postoffice. 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 commis- sioner must comply with the direction. A copy of this section must be annexed to the commis- sion. _ En. February 14, 1872. Am'd. 1873-4, 451. Crim. Prac. Act, sec. 575. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Crim. Prac. Act, sec. 576. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1358. Returned commission, delivered to an agent. If the commission and return be delivered by the commis- sioner to an agent, he must deliver the same to the clerk to whom it is directed, or to the judge of the court in which the action is pending, by whom it may be received and opened, upon the agent making affidavit that he re- ceived it from the hands of the commissioner, and that it has not been opened or altered since he received it. En. February 14, 1872. Am'd. 1880, 28. 473 EXAMINATION ON COMMISSION. §§ 1359-1362 Grim. Prac. Act, sec. 577. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1359. Same. If the agent is dead, or from sickness or other casualty unable personally to deliver the com- mission and return, as prescribed in the last section, it may be received by the clerk or judge from any other person, upon his making an affidavit that he received it from the agent; that the agent is dead, or from sickness or other casualty unable to deliver it; that it has not been opened or altered since the person making the affidavit received it; and that he believes it has not been opened or altered since it came from the hands of the commissioner. En. February 14, 1872. Grim. Prac. Act, sec. 578. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1360. When and how filed. The clerk or judge receiv- ing and opening the commission and return must immedi- ately file it, with the affidavit mentioned in the last two sections, in the office of the clerk of the court in which the indictment is pending. If the commission and return is transmitted by mail, the clerk to whom it is addressed must receive it from the postoffice, and open and file it in his office, where it must remain, unless otherwise directed by the court or judge. En. February 14, 1872. Grim. Prac. Act, sec. 579. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Grim. Prac. Act, sec. 580. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1361. Commission and return, open for inspection. Copies, etc. The commission and return must at all times be open to the inspection of the parties, who must be fur- nished by the clerk with copies of the same or of any part thereof, on payment of his fees. En. February 14, 1872. Grim. Prac. Act, sec. 581. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1362. Depositions to be read in evidence. Objections. 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 §§ 1367, 1368 INQUIRY INTO INSANITY. 471 whatever; and the same objections may be taken to a ques- tion in the interrogatories or to an answer in the deposi- tion, as if the witness had been examined orally in court. En. February 14, 1872. CHAPTER VI. INQUIRY INTO THE IX SANITY OF THE DEFENDANT BEFORE TRIAL OR AFTER CONVICTION. § 1367. Insane person cannot be tried, or punished. § 1368. Doubt as to sanity of defendant; examination of, before jury; stay of proceedings. § 1369. Trial of the question of insanity. Charge of the court. § 1370. Verdict of the jury as to sanity, and proceedings thereon. § 1371. If 'defendant is ccmmitted. it exonerates his bail, etc. § 1372. Defendant detained in asylum until he becomes sane. § 1373. Expenses of sending, etc., defendant to hospital, a charge against county. § 1367. Insane person cannot be tried, or punished. A person cannot be tried, adjudged to punishment, or pun- ished for a public offense, while he is insane. En. Feb- ruary 14, 1872. Cal. Rep. Cit. 105, 340; 106, 56; 126, 427; 126, 616; 129, 331; 129, 332; 142, 338. Crim. Prac. Act, sec. 583. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 31, 579. Acquittal on the ground of insanity: Ante, sec. 1167. § 1368. Doubt as to sanity of defendant; examination of, before jury; stay of proceedings. If at any time dur- ing the pendency of an action up to and including the time when defendant is brought up for judgment on conviction a doubt arises as to the sanity of the defendant, the court must order the question as to his sanity to be submitted to a jury; and the trial or the pronouncing of the judgment must be suspended until the question is determined by their verdict, and the trial jury may be discharged or retained, according to the discretion of the court, during the pendency of the issue of insanity. En. February 14, 1872. Am'd. 1873-4, 452; 1880, 28; 1905, 222. Cal. Rep. Cit. 67, 380; 85, 301; 85, 302; 85, 303; 105, 340; 106, 51; 116, 441; 126, 426; 126, 427; 126, 616; 132, 305; 138, 379. 475 INQUIRY INTO INSANITY. §§ 1369, 1370 Crim. Prac. Act, sec. 584. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 31, 580. Crim. Prac. Act, see. 585. En. April 20, 1850. Kep. 1851, 290. En. 1851, 212. Insanity as a defense generally: Ante, sec. 26. Order of trial: Ante, sec. 1369. Acquittal on the ground of insanity: See ante, sec. 1167. § 1369. Trial of the question of insanity. Charge of the court. The trial of the question of insanity must pro- ceed in the following order: 1. The counsel for the defendant must open the case, and offer evidence in support of the allegation of insanity; 2. The counsel for the people may then open their case, and offer evidence in support thereof; 3. The parties may then respectively offer rebutting testi- mony only, unless the court, for good reason, in furtherance of justice, permit them to offer evidence upon their orig- inal cause; 4. When the evidence is concluded, unless the case is submitted to the jury on either or both sides without argu- ment, the counsel for the people must commence, and the defendant or his counsel may conclude the argument to the jury; 5. If the indictment be for an offense punishable with death, two counsel on each side may argue the cause to the jury, in which case they must do so alternately. In other cases, the argument may be restricted to one coun- sel on each side; 6. The court must then charge the jury, stating to them all matters of law necessary for their information in giving their verdict. En. February 14, 1872. Cal. Eep. Cit. 105, 340; 126, 426; 126, 616. Crim. Prac. Act, sec. 586. En. April 20, 1850. Eep. 1851 290. En. 1851, 212. Crim. Prac. Act, sec. 587. • En. April 20, 1830. Eep. 1851 290. En. 1851, 212. § 1370. Verdict of the jury as to sanity, and proceedings thereon. If the jury finds the defendant sane, the trial §§ 1371, 1372 INQUIRY INTO INSANITY. 475 must proceed, or judgment be pronounced, as the case may be. If the jury finds the defendant insane, the trial or judgment must be suspended until he becomes sane, and the court must order that he be in the meantime committed by the sheriff to a state hospital for the care and treatment of the insane, and that upon his becoming sane he be rede- livered to the sheriff. En. February 14, 1872. Am'd. 1873- 4, 453; 1880, 29; 1905, 704. The change consists in the substitution of the words "a state hospital for the care and treatment of the insane," in the place of "insane asylum."— Code Commi-ssioner's Note. Cal. Eep. Cit. 126, 617; 129, 331; 138, 380. Crim. Prae. Act, see. 588. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Crim. Prac. Act, sec. 589. En. April 20, 1850. Eep. 1851, 290. En. 151, 212. Cal. Eep. Cit. 31, 580. Insane defendant, redelivery to sheriff on discharge from asylum: See Pol. Code, sec. 2189. § 1371. If defendant is committed, it exonerates his bail, etc. The commitment of the defendant, as mentioned in the last section, exonerates his bail, or entitles a person, authorized to receive the property of the defendant, to a return of any money he may have deposited instead of bail. En. February 14, 1872. Crim. Prac. Act, sec. 590. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 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 couny. 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. En. February 14, 1872. Am'd. 1905, 704. The change consists in the substitution of the words "state hospital" for "asylum.'-' — Code Ccmmissionep's Note. Cal. Eep. Cit. 126, 616; 126, 617; 129, 331; 129, 332. Crim. Prac. Act, see. 591. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 31, 581. 477 COMPROMISING CERTAIN OFFENSES. §§ 1373-1378 § 1373. Expenses of sending, etc., defendant to hospital, a charge against county. The expenses of sending the de- 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 informa- tion 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. En. i^bruary 14, 1872. Am'd. 1880, 29; 1905, 704. The change consists in the substitution of the words "state hospital" for "asylum." — Code Commissioner's Note. Cal. Eep. Cit. 126, 616; 129, 331; 138, 380; 138, 381; 138, 382; 138, 383. Crim. Frac. Act, sec. 592. En. April 20, 1850. Kep. 1851, 290. En. 1851, 212. CHAPTER VII. COMPROMISING CERTAIN PUBLIC OFFENSES BY LEAVE OF THE COURT. § 1377. Compromise of offenses for which civil action may be haa. § 1378. Compromise by permission of the court bars another prosecu- tion. § 1379. No public offense to be compromised except. § 1377. Compromise of offenses for which civil action may be had. When a defendant is held to answer on a charge of misdemeanor, for which the person injured by the act constituting the offense has a remedy 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. En. February 14, 1872. Crim. Prac. Act, sec. 675. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1378. Compromise by permission of the court bars an- other prosecution. If the party injured ajipears before the court to which the depositions are required to be returned, at any time before trial, and acknowledges that he has re- ceived satisfaction for thi; injury, the court may, in its dis- §§ 1379, 1382 DISMISSAL, OF THE ACTION. 47S cretion, on payment of the costs incurred, order all pro- ceedings to be stayed upon the prosecution, and the de- fendant 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 another prosecution for the same offense. En. February 14, 1872. Crim. Prae. Act, sec. 676. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Crim. Prac. Act, sec. 677. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Restoration of property embezzled, ground for mitigation of punishment: Ante, sec. 513. § 1379. No public offense to be compromised except. Na public offense can be compromised, nor can any proceeding or prosecution for the punishment thereof upon a compromise be stayed, except as provided in this chapter. En. Febru- ary 14, 1872. Crim. Prac. Act, sec. 678. En. April 20, 1850. Sep. 1851, 290. En. 1851, 212. CHAPTER VIII. DISMISSAL OF THE ACTION BEFORE OR AFTER INDICTMENT FOR WANT OF PROSECUTION OR OTHERWISE. § 1382. When action may be dismissed. § 1383. Continuance and disciiarge from custody. § 1384. If action dismissed, defendant to be discharged, etc. § 1385. Dismissed on motion of court or application of district attor- ney. § 1386. Nolle prosequi abolished. § 1387. Dismissal of actions, order for bar in misdemeanor, but not in felony. § 1388. Judgment suspended in case of minor, when. § 1389. Prohibiting minors to visit houses of ill-fame. § 1382. When action may be dismissed. The court, un- less 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 liled 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 after the finding of the indictment, or filing of the in- formation. En. February 14, 1872. Am'd. 1880, 29. 479 DISMISSAL OP THE ACTION. §§ 1383-1385 Cal. Eep. Cit. 54, 101; 54, 413; 54, 414; 63, 346; 65, 218; 69, 540; -74, 576; 82, 109; 85, 516; 91, 29; 99, 101; 100, 3; 100, 6; 113, 284; 113, 285; 116, 154; 127, 374; 133, 357; 140, 658; 144, 56. Subcl. 2—77, 447; 116, 152; 127, 373; 130, 162; 133, 351; 136, 294. Crim. Prac. Act, sec. 593. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Crim. Prac. Act, sec. 594. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 19, 549. Dismissal before indictment: See ante, sec. 941. § 1383. Continuance and discharge from custody. If the defendant 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, ynd in the meantime may discharge the defendant from custofl^' on his own undertaking of bail for his appearance to an- swer the charge at the time to which the action is contin- ued. En. February 14, 1872. Am'd. 1880, 29. Cal. Rep. Cit. 54, 413. Crim. Prac. Act, sec. 595. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Rep. Cit. 19, 550. § 1384. If action dismissed, defendant to be discharged, etc. If the court directs the action to be dismissed, the de- fendant must, if in custody, be discharged therefrom; or if admitted to bail, his bail is exonerated, or mouey deposited instead of bail must be refunded to him. En. ribniarv 14, 1872. Cal. Rep. Cit. 54, 414. Crim. Prac. Act, sec. 596. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1385. Dismissed on motion of court or application of district* attorney. The court may, cither of its own motion or upon the application of the district attorney, aud 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. En. February 14, 1872. §§ 13S6-13S8 DISMISSAL OF THE ACTION. 480 Cal. Rep. Cit. 48, 253; 64, 263; 71, 546; So, Ht'O; 127, 64; 130, 75; 132, 16; 143, 599; 144, 635. Crim. Prac. Act, see. 597. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1386. Nolle prosequi abolished. The entry of a nolle prosequi is abolished, and neither the attorney-general nor the district attorney can discontinue or ahamlon a prosecu- tion for a public offense, except as provided in the last sec- tion. En. February 14, 1872. Cal. Rep. Cit. 85, 590. Crim. Prac. Act, see. 598. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1387. Dismissal of actions, order for a bar in misde- meanor, but not in felony. An order for the disnii.ssa' of tiie action, as provided in this chapter, is a bar ti) .-my DMier prosecution for the same offense, if it is a misdenieanur, un- less such order is explicitly made for the purpose of aui-^nd- ing the complaint in such action, in which instance such order for dismissal of the action shall not act as a oar to a prosecution uijon such amended complainr; bvi an airier for the dismissal of the action is not a bar if tiie offense is a fel- ony. En. February 14, 1872. Am'd. 1905, 724. Inserts in the section relating to an order for dismissal being a bar in cases of misdemeanor, a provision that where the order explictly is made for the purpose of allowing an amended complaint to be filed, the older for dismissal shall not constitute a bar. This re- vision corrects a manifest abuse. The bill Is earnestly urged by the district attorney of Napa county.— Code Commisssioner's Note. Cal. Rep. Cit. 48, 253; 52, 464; 64, 263; 123. 155; 127. 64; 130, 75; 132, 16; 136, 295; 136, 299; U3, 599; 144, 431. Crim. Prac. Act, sec. 599. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1388. Judgment suspended in the case of a minor, when. Final judgment may be suspended on any conviction, charge, or prosecution of a minor, for misdemeanoi- or felony, where in the judgment of the court in which such proeeeJiug is pending there is reasonable ground to believe that such minor may be reformed, and that a commitment to prison would work manifest injury in the premises. Such suspen- sion may be for as long a period as the i irciu.istances of the case may seem to warrant, and subject to the following fur- ther provisions: During the period of such S'lspeiision, or 4S1 DISMISSAL OF THE ACTION. § l'^59 of any exteusiou thereof, the court or judge may, umler such limitations as may seem aclvisabls, commit nicb minor to the' custody of the officers or managers of any strictly non- sectarian charitable corporation conducted for the purpose of reclaiming criminal minors. Such 'corporation, by its officers or managers, may accept the custody of such minor for a period of two months (to be further extended by the court or judge should it be deemed advisable), and should said minor be found incorrigible and incapable of reformation, he may be returned before the court for final judgment for his otfeuse. Such charitable corporation must accept the custody of said minor as aforesaid, upon the distinct agree- ment 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, jiarent, or friend can be enter- tained by any court during the period of such suspension^ and custody, save upon recommendation of the court before which the criminal proceedings are pending. Such court may fur- rner, in its discretion, direct the payment of the expenses ot the maintenance of such minor during such period of two months, not to exceed, in the aggregate, the sum of iwenty- five dollars, which sum includes board, clothing, transporta- tion, and all other expenses, to be paid by the county where such criminal proceeding is pending, or direct action to be instituted foi* 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. En. Stats. 1883, 377. Ara'd. 1905, 704. The change consists in the insertion of the words "of a minor," after "prosecution," anJ in the insertion of the word "the" before "cus- tody."— Code Commissioner's Note. Cal. Rep. Cit. 71, 628; 71, 631; 71, 633; 93, 640; 113, 588. § 1389. Prohibiting minors to visit houses of ill-fame. En. Stats. 1887, 119. Rep. 1905, 761. The matter now in section 13S9, which incorrectly stands in a chapter entitled "Dismissal of the Action," is put into a new section desig- nated as 273e, and is put in its proper chapter, with the other sec- tions relative to children, and section 1389 accordingly repealed.— Code Commissioner's Note. Pen. Code— 31 §§ 1390-1392 PROCEEDINGS AGAINST CORPORATIONS. 4S2 CHAPTER IX. PROCEEDINGS .AGAINST CORPORATIONS. § 1390. Summons upon information against corporation. § 1391. Form of summons. § 1392. When and how served. § 1393. Examination of the charge. § 1394. Certificate of magistrate and return of depositions. § 1395. Grand jury to Investigate if there is sufficient cause. § 1396, Appearance and plea. § 1397. Fine on conviction, how collected. § 1390. Summons upon information against corporation. Upon an information or presentment against a corporation, the magistrate must issue a summons, signed by Mm, with his name of office, requiring the corporation to appear be- fore him, at a specified time and place, to answer the charge, the time to be not less than ten days after the issuing of the summons. En. February 14, 1872. § 1391. Form of summons. The summons must be sub- stantially in the following form: County of [as the case may be]: • The people of the state of California to the [naming the corporation] : You are hereby summoned to appear before me at [nam- ing the 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 jury of the county, as the case may be], for [designating the offense generally]. Dated at the city [or township] of , this day of , eighteen . G. H., justice of the peace, [or as the case may be]. En. February 14, 1872. § 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 orig- inal to the president or other head of the corporation, or to 423 PROCEEDINGS AGAINST CORPORATIONS. §§ 1393-1397 the secretary, cashier, or managing agent thereof. En. Feb- ruary 14, 1872. § 1393. Examination of the charge. At the appointed time in the summons, the magistrate must proceed to investi- gate the charge in the same manner as in the case of a natural person, so far as these proceedings are applicable. En. February 14, 1872. § 1394. Certificate of magistrate and return of deposi- tions. After hearing the proofs, the magistrate must cer- tify upon the depositions, either that there is or is not sufficient cause to believe the corporation guilty of the of- fense charged, and must return the deposition and cer-, tificate, as prescribed in section 883. En. February 14, 1872. § 1395. Grand jury to investigate if there is sufficient cause. If the magistrate returns a certificate that there is sufficient cause to believe the corporation guilty of the of- fense charged, the grand jury may proceed, or the district attorney file an information thereon, as in case of a natural person held to answer. En. February 14, 1872. Am'd. 1880, 29. § 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 of not guilty must be entered, and the same proceedings had thereon as in other cases. En. February 14, 1872. Am'd. 1880, 29. § 1397. Fine on conviction, how collected. When a fine is imposed upon 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 manner as upon an execution in a civil action. En. February 14, 1872. §§ 1401, 1404 ENTITLING AFFIDAVITS— ERRORS. 48i CHAPTER X. ENTITLING AFFIDAVITS. § 1401. Affidavits defectively entitled, valid. § 1401. AflSidavits defectively entitled, valid. It is not necessary to entitle an af3[idavit or deposition 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. En. February 14, 1872. Am'd. 1880, 30. Crim. Prac. Act, sec. 600. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. CHAPTEE XI. ERRORS AND MISTAKES IN PLE.\DINGS AND OTHfeR PRO- CEEDINGS. § 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, ren- ders it invalid, unless it has actually prejudiced the defend- ant, or tended to his prejudice, in respect to a substantial right. En. February 14, 1872. Cal. Rep. Cit. 48, .559; 49, 390; 53, 494; 57, 90; 57, 98; 57, 99; 57, 100; 59, 384; 62, 520; 62, 521; 64, 213; 64, 372; 64, 426; 67, 56; 93, 583; 94, 119; 96, 319; 102, 242; 115, 306; 116, 198; 120, 663; 133, 124; 138, 536; 139, 117. Crim. Prac. Act, sec. 601. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Cal. Eep. Cit. 28, 329; 28, 331; 33, 101; 62, 520. 485 DISPOSAL OF PROPERTY STOLEN. §§ 1407-1403 CHAPTER XII. DISPOSAL OF PROPERTY STOLEN OR EMBEZZLED. § 1407. Peace officer mutt hold property subject to the order of mag- istrate. § 140S. Order for its delivery to owner. § 1409. Magist;ate must deliver it to owner. § 1410. Court in which trial is had may order its delivery. § 1411. Delivered to county treasurer if not claimed in six inonths. § 1412. Receiiit for money, etc., taken from person arrested. § 1413. Record of proptity alleged to be stolen. § 1407. Peace officer mast hold property subject to the order of magistrate. When property, alleged to have been stolen or embezzled, conies into the custody of a peace offi- cer, he must hold it subject to the order of the magistrate authorized by the next section to direct the disposal thereof. En. February 14, 1872. Crim. Prae. Act, sec. 602. En. April 20, 1850. Rep. 1851, 290. En. 1851,. 212. § 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 cfiarge against the 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 magistrate. The order entitles the owner to demand and receive the property. En. February 14, 18.72. Crim. Prae. Act, sec. 603. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. § 1409. Magistrate must deliver it to owner. If prop- erty stolen or embezzled conies into custody of the magis- trate, it must be delivered to the owner on satisfactory proof of his title, and on his paying the necessary expenses incurred in its preservation, to be certified by the magis- trate. En. February 14, 1872. Crim. Prae. Act, sec. 604. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. §§ 1410-1412 DISPOSAL OF PROPERTY STOLEN. 486 § 1410. Court in which trial is had may order its deUv- ery. If the property stolen or embezzled has not been de- livered to the owner, the court before which a trial is had for stealing or embezzling it may, on proof of his title, order it to be restored to the owner. En. February 14, 1872. Grim. Prac. Act, sec. 605. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1411. Delivered to county treasurer if not claimed in six months. If the property stolen or embezzled is not claimed by the owner before the expiration of six months from the conviction of a person for stealing or embezzling it, the magistrate or other officer having it in custody must, on the payment of the necessary expenses incurred in its preservation, deliver it to the county treasurer, by whom it must be sold and the proceeds paid into the county treas- ury. En. February 14, 1872. Grim. Prac. Act, sec. 606. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1412. Receipt for money, etc., taken from person ar- rested. When money or other property is taken from e defendant, arrested upon a charge of a public offense, the officer taking it must at the time give duplicate receipts therefor, specifying particularly the amount of money or the kind of property taken; one of which receipts he must de- liver to the defendant and the other of which he must forth- with file with the clerk of the court to which the depositions and statement are to be sent. When such property is taken by a police officer of any incorporated city or town, he must deliver one of the receipts to the defendant, and one, with the property, at once to the clerk or other person in charge of the police office in such city or town. En. February 14, 1872. Grim. Prac. Act, sec. 607. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. 4S7 REPRIEVES, COMMUTATIONS AND PARDONS. §§ 1413-1418 § 1413. Record of property alleged to he stolen. The clerk in, or person having charge of, the police office in any- incorporated city or town, must enter in a suitable book a description of every article of property alleged to be stolen or embezzled, and brought into the office or taken from the embezzled, and brought into the office or^ taken from the person of a prisoner, and must attach a number to each ar- ticle, and make a corresponding entry thereof. En. Febru- ary 14, 1872. CHAPTEE XIII. REPRIEVES, COMMUTATIONS AND PARDONS. § 1417. Governor may grant reprieves, commutations, and pardons. § HIS. His power in respect to convictions for treason. § 1419. To communicate to the legislature reprieves, commutation.s, and pardons. § 1420. Report of case, how and from whom required. § 1421. Notice to district attorney of application for pardon. § 1422. Publication of notice. § 1423. When two preceding sections are not applicable. § 1417. Governor may grant reprieves, commutations, and pardons. The governor has power to grant reprieves, commutations, and pardons, after conviction, for all of- fenses, except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to the regulations pro- vided in this chapter. En. February 14, 1872. Cal. Rep. Cit. 68, 180. Pardoning power: See Fed. Const., art. II, sec. 2, subd. 1; Const. Cal., art. VII, sec. 1. § 1418. His power in respect to convictions for treason. He may suspend the execution of the sentence, upon a conviction for treason, until the case can be reported to the legislature at its next meeting, when the legislature may either pardon, direct the execution of the sentence, or grant a further reprieve; provided, that neither the governor nor the legislature shall have power to grant §§ 1419-1422 REPRIEVES, COMMrTATIONS AND PARDONS. 488 j)arclons or commutations of sentence in any case where the convict has been twice convicted of felony, after the first day of January, eighteen hundred and eighty, unless upon the written recommendation of a majority of the judges of the supreme court. En. February 14, 1872. Am'd. 1880, 2. Cal. Rep. Cit. 68, 180. § 1419. To communicate to the 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 was convicted, the sen- tence and its date, and the date of the commutation, par- don, or reprieve, and the reasons for granting the same. En. February 14, 1872. Am'd. 1880, 3. § 1420. Report of case, how and from whom required. When an application is made to the governor for a pardon, he may require the judge of the court before which the conviction was 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 refusing the pardon. En. February 14, 1872. Cal. Rep. Cit. 68, 180. § 1421. Notice to district attorney of application for par- don. 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 where the conviction was had, and proof, by affidavit, of the service must be .presented to the governor. En. February 14, 1872. § 1422. Publication of notice. Unless dispensed with by the governor, a copy of the notice must also be published 489 JUSTICES' AND POLICE COURTS. § 142:! for thirty days from the first publication, in a paper in the county in which the conviction was had. En. 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 person convicted or imprisoned. 2. When the term of imprisonment of the applicant is within tan days of its expiration. En. February 14, 1872. TITLE XL OF PEOCEEDINGS IN JUSTICES' AND POLICE COUETS, AND APPEALS TO SUPERIOE COURTS. Chapter I. Proceedings in Justices' and Police Courts, §§ 1425-1461. II. Appeals to Superior Courts, §§ 1466-1470. CHAPTER I. PROCEEDINGS IN JUSTICES' AND i^OLlCE COURTS. § 142.5. Jurisdiction of justices' courts. § 1426. Proceedings must be commenced by complaint. § 1427. When warrant of arrest must issue. Form of warrant; in case of offense by corporation. § 1428. Minutes, liow liept. § 1429. Tlie plea, and how put in. § 1430. Issue, how tried. § 1431. Change of venue, when granted. § 1432. Proceedings on change or venue. § 1433. Postponement of the trial. § 1434. Defendant to be present. § 1435. Jury trial, how waived. § 1436. Challenges. § 1437. Oath of jurors. § 1438. Trial, how conducted. § 1439. Court to decide questions of law, but not of fact. § 1440. Jury may decide in court, or retire. § 1441. Verdict of jury, how delivered and entered. § 1442. Verdict, when .several defendants are tried together. I 1443. Jury, when to be discharged without a verdict. §§ 1425, 1426 JUSTICES' AND POLICE COURTS. 490 § 1444. If discharged, defendant may be trie-d again. § 1445. Proceedings on plea of guilty, or on conviction. § 1446. Judgment of fine may direct imprisonment. § 1447. Defendant, on acquittal, to be discharged. Costs. § 144S. Judgment against prosecutor for costs. § 1449. Judgment, when to be rendered. § 14."0. Motion for a new trial, or in arrest of judgment. § 1451. New trial, grounds of. § 1452. Grounds of motion in arrest of judgment. § 14.53. Judgment to be entered in the minutes. § 1454. Discharge of defendant on judgment of acquittal or fine only. § 1455. Judgment of imprisonment, how executed. § 1456. Ju';lgment of imprisonment until fine is paid, how executed. § 1457. Defendant must be discharged on payment of fine, disposition of fine. § 14.58. Defendant may be admitted to bail. § 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 respective 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 of- fense 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 imprisonment. En. Stats. 1905, 705. This section now contains the matter now in section 115 of the Code of Civil Procedure. — Code Commissioner's Note. § 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 juris- diction, must be commenced by complaint under oath, set- ting forth the offense charged, with such particulars of time, place, person, and property as to enable the defendant 491 JUSTICES' AND POLICE COURTS. § 1427 to understand distinctly the character of the offense com- plained of, and to answer the complaint. En. February 14, 1872. Cal. Eep. Cit. 54, 409; 55, 228; 60, 105; 60, 106; 65, 615; 106, 408; 109, 450. Crim. Prac. Act, sec. 608. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Police courts, organization, etc.: See Pol. Code, sees. 4424 et seq. Justices' courts, organization, etc.: See Code Civ. Proc, sees. 85 et seq. Police judge, provisions relating to: See Pol. Code, sees. 4424-4432, Jurisdiction of police court over various offenses: See Pol. Code, sec. 4426. § 1427. When warrant of arrest must issue; form of war- rant; in case of offense by corporation. If the justice of the peace, or police judge, is satisfied therefrom that the offense complained of has been committed, he must issue a warrant of arrest, which 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: "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 gener- ally) has been committed, and accusing E. F. thereof; you are therefore commanded forthwith to arrest the above named E. F. and bring him before me forthwith, at (naming the place), ' ' Witness my hand and seal at , this day of , A, D, . "A,B." §§ 142S, 1429 JUSTICES' AND POLICE COURTS. 492 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 form 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 api:)ear, a plea of not guilty must be entered, and the same proceedings had therein as in other cases. En. February 14, 1872. Am'd. 1905, 706. The changes consist in the matter providing a mode for compelling a corporation to appear in response to a complaint accusing it of a misdemeanor. — Code Commissioner's Xote. Cal. Eep. Cit. 60, 105. Crim. Prac. Act, sec. 610. En. April 20, ISoO. Rep. 1851, 290. En. 1851, 212. Arrest by peace officer: Ante, sec. 836. Arrest by i^rivate person: Ante, sec. 837. Arrest by oral order of magistrate: Ante, sec. 838. Duty of officer or person making arrest: Ante, sees. 847, 848. Warrant of arrest, form of: Ante, sec. 814. § 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. En. February 14, 1872. Cal. Rep. Cit. 55, 228; 94, 499. Crim, Prac. Act, see. 613. En. April 20, 1850. Rep. 1S51, 290. En. 1851, 212. § 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 be oral, 493 JUSTICES' AND POLICE COURTS. §§ 1430, 1431 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 committed or admitted to bail, to answer any indictment which may be found against him by the grand jury, or any information which may be filed by the district attorney. En. February 14, 1872. Am'd. 1873-4, 453; 1880, 30. Cal. Eep. Cit. 60, 105. Crim. Prae. Act, sec. 611. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Am'd. 1860, 7l'. Pleas: See ante, sec. 1016. § 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 try the case. En. February 14, 1872. Am'd. 1880, 5. Cal. Eep. Cit. 92, 576. Crim. Prac. Act, sec. 614. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Jury trial, how waived: Post, sec. 1435. § 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 com- mences — 1. When it appears from the affidavit of the defendant 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 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. §§ 1432-1435 JUSTICES' AND POLICE COURTS. 494 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 the township where the same prejudice does not exist. " En. February 14, 1872. Cal. Rep. Cit. 85, 602; 119, 402. Change of venue: Ante, sees. 1033, 1034. § 1432. 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 original 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 originally commenced in his court. En. February 14, 1872. Transfer of records, etc., of the action: Ante, sec. 1036. Duty of court on receipt of records: Ante, sec. 1038. § 1433. Postponement of the trial. Before the com- mencement of a trial in any of the courts mentioned in this chapter, either party may, upon good cause shown, have a reasonable postponement thereof. En. February 14, 1872. Cal. Eep. Cit. 66, 396. § 1434. Defendant to be present. The defendant must be personally present before the trial can proceed. En. February 14, 1872. Crim. Prac. Act, sec. 612. En. April 20, 1850. Kep. 1851, 290. En. 1851, 212. Presence of defendant: See ante, sec. 1043. § 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 495 JUSTICES' AND POLICK COURTS. §§ 1436-143S jury is provided for in chapter one, title three, part one, of the Code of Civil Procedure. En. February 14, 1872. Ara'd. 1880, 5. Cal. Eep. Cit. 92, 576. Constitutional provision.—' ' A trial by jury may be , waived in all criminal cases not amounting to felony, by the consent of both parties, expressed in open court li\ cases of misdemeanor, the jury may consist of twelve, or of any number less than twelve upon which the parties may agree in open court": Const. Cal., art. I, sec. 7. § 1436. Challenges. The same challenges may be taken by either party to the panel of jurors, or to any individ- ual juror, as on the trial of an indictment for a misde- meanor; but the challenge must in all cases be tried by the court. En. February 14, 1872. Crim. Prac. Act, sec. 615. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. General causes of challenge: Ante, sec. 1072. Particular causes of challenge: Ante, sec. 1073. Challenge to individual juror: Ante, sec. 1067. Challenge to the panel of jurors: Ante, sec. 1058. Number of peremptory challenges: Ante, sec. 1070. § 1437. Oath of jurors. The court must administer to the jury the following oath: "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 ver- dict render according to the evidence." En, February 14, 1872. Crim. Prac. Act, sec. 616. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1438. Trial, how conducted. After the jury are sworn, they must sit togetlier and hear the proofs and allegations of the parties which must be delivered in public and in the presence of the defendant. En. February 14, 1872. §§ 1439-1441 JUSTICES' AND POLICE COURTS. 496 Crim. Prac. Act, sec, 617. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Conduct of the trial: Ante, sec. 1093. § 1439. Court to decide questions of law, but not of fact. The court must decide all questions of law which may arise in the course of the trial, but can give no charge with re- spect to matters of fact. En. February 14, 1872. Crim. Prac. Act, sec. 618. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. See ante, sees. 1124-1127. Duty of court in charging the jury: Ante, sec. 1127. Questions of fact. — Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law: Const. Cal., art. VI, sec. 19. In case of libel: Ante, sees. 251, 1125. § 1440. Jury may decide in court, or retire. After hear- ing the proofs and allegations, the jury may decide in court, or may retire for consideration. If they do not imme- diately agree, an officer must be sworn to the following ef- fect: "You do swear that you will keep this jury together in some quiet and convenient place; that you will not per- mit any person to speak to them, nor speak to them your- self, .unless by order of the court, or to ask them whether they have agreed upon a verdict; and that you will return Ihem into court when they have so agreed, or when ordered by the court." En. February 14, 1872. Crim. Prac. Act, sec. 619. En. April 20, 1850. Rep. 1851, 290. En. 1851, 212. Deliberations of the jury: Ante, sec. 1128. § 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 497 JUSTICES' AND POLICE COURTS. §§ 1442-1444 it publicly to the court, who must enter, or cause it to be entered, in the minutes. En. February 14, 1872. Crim. Prac. Act, sec. 620. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Crim. Prae. Act, sec. 621. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Verdict, general and special: Ante, see. 1151. § 1442. Verdict, when several defendants are tried to- gether. When 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. En. Feb- ruary 14, 1872. Crim. Prac. Act, sec. 622. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Verdict as to one of several defendants: Ante^ sec. 1160. § 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. En. February 14, 1872. Crim. Prac. Act, sec. 623. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. See ante, sees. 1139, ,1140. § 1444. If discharged, defendant may oe tried again. If the jury is discharged, as provided in the last section, the court may proceed again to the trial, in the same man- ner as upon the first trial, and so on, until a verdict is ren- dered. En. February 14, 1872. Crim. Prac. Act, sec. 624. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. Eetrial: Ante, sec. 1141. Pen. Code— 32 §§ 1445-1448 JUSTICES' AND POLICE COURTS. 49S § 1445, Proceedings on plea of gruUty, or on conviction. When the defendant pleads guilty, or is convicted, either by the court, or by a jury, the court must render judgment thereon of fine or imprisonment, or both, as the case may be. En. February 14, 1872. Am'd. 1873-4, 453. Cal. Eep. Cit. 60, 435. Crim. Prac. Act, sec. 625. En. April 20, 1850. Eep. 1851, 290. En. 1851,, 212. § 1446. Judgment of fine may direct imprisonment. A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine be satisfied, in the proportion of one days' imprisonment for every dollar of the fine. En. February 14, 1872. Am'd. 1873-4, 455. Cal. Eep. Cit. 60, 434; 60, 435; 63, 300; 65, 156; 73, 495; 80, 203; 82, 455; 84, 166; 84, 167; 85, 38; 88, 625; 88, 626; 88, 627; 88, 629; 88, 630; 89, 473; 96, 364; 96, 365; 97, 528; 97, 529. Crim. Prac. Act, sec. 626. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1447. Defendant, on acquittal, to be discharged. 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 ma- .licious or without probable cause, it may order the prose- cutor 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. En. Feb- ruary 14, 1872. Crim. Prac. Act, sec. 627. En. April 20, 1850. Eep. 1851, 290. En. 1851, 212. § 1448. Judgment against prosecutor for costs. If the prosecutor does not pay the costs, or give security there- for, the court may enter judgment against him for the 499 JUSTICES' AND POLICE COURTS. §§ 1449-1451 amount thereof, which may be enforced in all respects in the same manner as a judgment rendered in a civil action. En. February 14, 1872. Grim. Prac. Act, sec. 628. En. April 20, 1850. Kep. 1851, 290. En. 1851, 212. § 1449. Ju' S I superintendent, such insane convict is cured of insanity, 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 part of such convict's sentence. Before discharging any convict who may be insane at the time of the expiration of his sentence, 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 fortliwith 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 insane asylums. The sheriff shall receive the same compensation as for transferring a prisoner to the state prison, and to be paid in the same manner. If any judge, after having 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 the provisions of- this section, it shall be the duty of the warden to cause such insane convict to be removed before a superior court of a county in which the state prison is located, in charge of an officer of the prison, or other suitable 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. 1588. The state board of prison directors shall require^ of every able-bodied convict confined in a state prison as many hours of faithful labor in each and every day during his term of imprisonment as shall be prescribed by the rules and regulations of the prison. Every convict who shall have no infraction of the rules and regulations 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 allov/ed by law, a deduction of two montlis. 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 s^aid 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 recltoning- credits shall be as shown in the following: table: I Good I I Tinit* to be SerM-d No. of Years Time Total Good ; if Full Time of Seuteuce. | Granted. ! Time Mad e. | is Made. First year. . . . ]2 moaths. 2 months 10 months Second year. . 2 months. 4 months 1 year and S months Third year. . .4 mouths. S mouths 2 years aiid 4 months Tourth year. . 4 mouths. 1 year 3 years Fifth year. .. 5 months. 1 year and 5 months 3 years and 7 months Sixth year. ... |5 mouths, il year and 10 months 4 years and 2 months Seventh year. 5 months. 2 years and 3 months 4 years and 9 months Eighth year. . .3 months. J2 years and S months 5 years and 4 months Ninth year. . . .5 months. 3 years and 1 montli 5 years and 11 months Tenth year. ..|.5 months. 13 years and 6 months 6 years and 5 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 endanger life, or shall be guilty of any flagrant disregard of the rules of the prison, or commit any misdemeanor, or in any manner violate any 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 inay 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 them may seem proper. 1589. All criminals sentenced 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 were tried, and the prisoners so confined shall be subject in all respects and discipline and treatment as though committed imder the laws of this state. The wardens are hereby author- ized to charge and receive from the United States, for the use of the state, an amount sufficient for the support of each 10 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. 1590. The board of directors shall have power to con- tract for the supply of gas and water for said prisons, upon such terms as said board shall deem to be for the best in- terests of the state, qx 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 illuminating works in their dis- cretion with or without contracting therefor, on such terms as they may deem just. The board shall have full power ta erect any building or structure 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 con- tracting therefor; provided, that no building or structure, the cost of which will exceed five thousand dollars, shall be erected or constructed without first obtaining the consent of the governor, secretary, and treasurer of the state, or a majority thereof. The board shall have power to give for meritorious service to any convict discharged, or about to be discharged, a sum in addition to that already allowed, not exceeding ten dollars. 1591. No officer or employes shall receive, directly or in^ directly, any compen.sation for his services other than that prescribed by the directors; nor shall he receive any com- pensation 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 employe of a contractor. For any violation of the provisions of this section the officer, agent, or employe of the state shall be discharged from his office or service; and every conti'actor, or employe, or agent of a contractor engaged therein, shall be expelled from the prison ground!?, arid not again permitted within the same as a con- tractor, agent, or employe. 1593. No officer or employe of the state, or contractor, ■or employe of a contractor, shall, without permission of the board of directors, make any gift or present to a convict, or receive any from a convict, or have any barter or dealings with a prisoner. For every violation of the provisions of this section, the party engaged therein shall incur the same penalty as prescribed in section one thousand five hundred 11 and ninety-one of this code. No officer or employe of the prison shall be interested, directly or indirectly, in any con- tract or purchase made or authorized to be made by any one for or on behalf of the prisons. 1593. There shall be printed annually 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 Ihe state prisons in the United States one copy of such report. 1594. All the bonds of officers and employes under this title shall be deposited with the secretary of state. 1595. If any of the shops or buildings in which convicts are employed are destroyed in any way, or injured by fire or 'Otherwise, they may be rebuilt or repaired immediately, under the direction of the board of directors, by and with the advice and consent of the governor, attorney-general, and secretary •of state, and the expenses thereof paid out of any funds in Ihe state treasury not otherwise appropriated by law. 1596. 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 par- (doned out and set at liberty on account of good conduct, or unusual term of sentence, or any other cause, which, in their opinion, should entitle the prisoner to pardon. Sec. 2. Nothing in this act contained shall be construed to shorten or extend the term of office of any person holding office or employment at the time this act goes into effect under the provisions of an act entitled, "An act to regulate and govern the state prisons of California," approved March 19, 1889, or the acts amendatory thereof or supplementary thereto. (This title In effect 60 days from and after March 18, 1907.) 12 TITLE I. OF THE STATE PRISON AND THE DISCHAEGE OF PRISONERS THEREFROM BEFORE THEIR TERM OF SERVICE EXPIRES. Chapter I. Of the State Prison, §§ 1573-1588. 11. Of the Discharge of Prisoners Before the Ex- piration of their Term of Service, §§ 1590- 1595. CHAPTER I. OF THE STATE PRISON. § 1573. Under the charge and control of a board of directors. (Re- I^ealed.) § l.')74. President i^ro teni. of senate, when to act as director. (Re- pealed.) § 1.575. Compensation of directors. (Repealed.) § 1576. Board must adopt rules and regulations. (Repealed.) § 1.577. Board may appoint warden and other officers. (Repealed.) § 157S. Duties of clerk and other officers. (Repealed.) § 1579. Monthly reports of officers. (Repealed.) § 1580. Board must keep accounts and report to the governor. (Re- pealed.) § 1581. Persons convicted of offenses against the United States. (Ro- pealed.) § 1.582. DisiJosition of insane prisoners. (Repealed.) § 1583. State prison fund (Repealed.) § 1584. State prison fund, how disbursed. (Repealed.) §J585. Board cannot contract debts. (Repealed.) §1586. Compensation for transportation of convicts. (Repealed.) § 1587. Contract to be given at public letting. (Repealed.) § 1588. Prohibiting employment of convict labor on cut-stone work. (Repealed.) § 1573. Under the charge and control of a hoard of direc tors. En. February 14, 1872. Rep. 1905, 645. 1573 to 15S8; 1590 to 1595 The above-named sections, which comprise Title I of Part III of the Penal Code, with the exception of the last sentence of section 1593, have been completely superseded by the Constitution of 1879 and the general statutes in pursuance there- of. The portion of section 1593 whicn is still in force has been in- corporated into a bill to amend the statute of 1889, page 404, con- cerning the state prisons, so that it will be preserved, notwithstand- ing the repeal of these superseded and therefore useless provisions. —Code Commissioner's Note. Cal. Rep. Cit. 103, 225. (535) §§ 1574'- 1581 STATE PRISON. 5i5B State prisons, acts relating to: See post, Appendix, title State Prisons. School of industry at lone, acts relating to: See post, Ap- pendix, title School of Industry. School of reform at "Whittier, acts relating to: See post, Appendix, title School of Eeform. § 1574. President pro tern, of senate, when to act as di- rector. En. February 14, 1872. Eep. 1905, 645. See note to § 1573, ante. § 1575. Compensation of directors. En. February 14, 1872. Eep. 1905, 645. See note to § 1573, ante. § 1576. Board must adopt rules and regulations. En. February 14, 1872. Eep. 1905, 645. See note to § 1573, ante. § 1577. Board may appoint warden and other officers. En. February 14, 1872. Eep. 1905, 645. See note to § 1573, ante. § 1578. Duties of clerk and other officers. En. February 14, 1872. Eep. 1905, 645. See note to § 1573, ante. § 1579. Monthly reports of officers. En. February 14, 1872. Eep. 1905, 645. See note to § 1573, ante. § 1580. Board must keep accounts and reports to the governor. En. February 14, 1872. Eep. 1905, 645. See note to § 1573, ante.. § 1581. Persons convicted of offenses against the United States. En. February 14, 1872. Eep. 1905, 645. See note to § 1573, ante. i3T STATE PRISON. §§ 1582-15^8 § 1582. Disposition of insane prisoners. En. February 14, 1872. Eep. 1905, 645. See note to § 1573, ante. § 1583. State prison fund. En. February 14, 1872. Eep. 1905, 645. See note to § 1573, ante. § 1584. State prison fund, how disbursed. En. February 147 1872. Eep. 1905, 645. See note to § 1573, ante. § 1585. Board cannot contract debts. En. February 14, 1872. Eep. 1905, 645. See note to § 1573, ante. § 1586. Compensation for transportation of convicts. En. February 14, 1872. Am'd. 1880, 31. Eep. 1905, 645. See note to § 1573, ante. Cal. Eep. Cit. 50, 119; 77, 595. Compensation of sheriffs conveying prisoners or insane: See post. Appendix, title Sheriffs. § 1587. Contract to be given at public letting. En. Stats. 1873-4, 467. Eep. 1905, 645. § 1588. i'rohibiting employment of convict labor on cut- stone work. En. Stats. 1901, 272. Eep. 1905, 645. See note to § 1573, ante. §§ 1590-1595 DISCHARGE OF PRISONERS. CHAPTEE II. OF THE DISCHARGE OF PRISONERS BEFORE THE EXPIRA- TION OF THEIR TERM OF SERVICE. § 1590. Credits for goovl behavior, how and when allowed. (Repealed.) § 1591. Credits, when forfeited. (Repealed.) § 1592. Board to make rules and regulations. (Repealed.) § 1593. Board, when to report credits to governor. (Repealed.) § 1594. Further powers of the board. (Repealed.) § 1595. Recommendations for pardon reported to legislature. (Re- pealed.) § 1590. Credits for good behavior, how and when allowed. Ed. February 14, 1872. Am'd. 1877-8, 124. Eep. 1905, 645. See note to § 1573, ante. Cal. Eep. Cit. 76, 516; 145, 187; 145, 188. § 1591. Credits, when forfeited. En. February 14, 1872. Eep. 1905, 645. See note to § 1573, ante. § 1592. Board to make rules and regulations. En. Feb- ruary 14, 1872. Eep. 1905, 645. See note to § 1573, ante. § 1593. Board, when to report credits to governor. En. February 14, 1872. Eep. 19U5, 645. See note to § 1573, ante. § 1594. Further powers of the board. En. February 14, 1872. Eep. 1905, 645. See note to § 1573, ante. § 1595. Recommendations for pardon reported to legis- lature. En. February 14, 1872. Eep. 1905, 645. See note to § 1573, ante. Acts relating to state prisons: See post, Appendix, title State Prisons. 539 COUNTY JAIL. § 1597 School of industry, acts relating to: See post, Appendix, title School of Industry. School of reform, acts relating to: See post, Appendix, title School of Eeform. TITLE II. OF COUNTY JAILS. § 1597. County jails, by whom kept and for what used. § 1598. Rooms required in county jail. § 1599. Prisoners to be classified. § 1600. Prisoners committed must be actually confined. ' § 1601. Sheriff to receive prisoners committed by courts. § 1602. Sheriff answerable for safe-keeping of such prisoners. § 1603. When jail of a contigvious 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. § 160S. 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. § 1615. Hair-cutting for sanitary purposes. § 1597. County jails, by whom kept and for what used. The common 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 se- cure their attendance as witnesses in criminal cases; 2. For the detention of persons charged with crime and committed for trial; 3. For the confinement of persons committed for contempt, or upon civil process, or by other authority of law; 4. For the confinement of persons sentenced to imprison- §§ 1598-1600 COTJNTT JAILS. MO ment therein upon a conviction for crime. En. February 14, 1872. Cal. Eep. Cit. 78, 306. Acts relating to house of correction: See post, Appen- dix, title House of Correction. School of Industry at lone, a"ts relating to: See post. Appendix, title School of Industry. School of reform at Whittier, acts relating to: See post. Appendix, title School of Reform. § 1598. Rooms required in county jails. Each county jail must contain 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 sen- tence; 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. En. February 14, 1872. Males and females to be separated: See next section. § 1599. Prisoners to be classified. Persons committed on criminal process and detained for trial, persons convicted and under sentence, and persons committed upon civil process, must not be kept or put in the same room, nor shall male and female prisoners (except husband and wife) be kept or put in the same room. En. February 14, 1872. § 1600. Prisoners committed must be actually confined. A prisoner committed to the county jail for trial or for exam- ination, or upon conviction for a public oflfense, must be actu- ally confined in the jail until he is legally discharged; and 541 COUNTY JAILS. §§ 1601-1604 § 1601. Sheriff to receive prisoners committed by courts. The sherifif must receive, and keep in the county jail, any prisoner committed thereto by process or order issued under the authority of the United States, until he is discharged according to law, as if he had been committed under pro- cess issued under the authority of this state; provision be- ing made by the United States for the support of sneh pris- oner. En. February ]4, 1872. Cal. Rei>. Cit. 92, 442. § 1602. Sheriff answerable for safe-keeping of such pris- oners. \ sheriff, to whose custody a prisoner is committed, as provi.led in the last section, is answerable for his safe- keeping ill the courts of the United States, according to the laws thereof. En. February 14, 1872. § 1603. When jail in contiguous county may be used. When there is no jail in the county, or when the jail be- comes 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. En. February 14, 1872. Am'd. 190.5, 709. The change consists in the substitution of the words "judge of the supciior court" in placo of "county judge," and in the substitution of the word "oj-der" for "appointment."— Code Commissioner's iNote. § 1604. Keeper of jail in contiguous county to receive prisoners. A copy of the appointment, certGe.i by [he county clerk, must be served on the sheriff or keeper of the jail designated, who must receive into his jail all prisoners authorized to be confined therein, pursuant to the last sec- tion, and who is responsible for the safe-keeping of the per- sons so committed in the same manner and to the same ex- tent as if he was sheriff of the county for whose use his jail is designated, and with respect to the persons so committed he is deemed the sheriff of the county from which they were removed. En. February 14, 1872, §§ 16O5-160S COUNTY JAILS. 542 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. En. Feb- ruary 14, 1872. Cal. Eep. Cit. 97, 242. § 1605. When jail in contiguous county is not to be used. When a jail is erected in a county for the use of which the 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, by written revocation, file with the county clerk thereof, declare that the necessity for the des- ignation has ceased, and that it is revoked. En. February 14, 1872. Am'd. 1905, 710. The change consists in the substitution of the words "judge of the superior court" for "county judge." — Code Commissioner's Note. § 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. En. February 14, 1872. § 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. En. Feb- ruary 14, 1872. § 1608. Prisoners may removed in case of pestilence. "^v'hen a pestilence or contagious disease breaks out in or near a jail, and the physician the eof 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 sher- 543 COUNTY JAILS. §§ 1609-1612 iff to remove the prisoners to the place or jail designated, and there confine them until they can be safely returned to the jail from which they were taken. En. February 14, 1872. § 1609. Papers served on jailer for prisoner. A sheriff or jailer upon whom a paper in a judicial proceeding, directed to a prisoner in his cuotody, is served, must forthwith de- liver it to the prisoner, with a note thereon of the time of its service. For a neglect to do so he is liable to the pris- oner for all damages occasioned thereby. En. February 14, 1872. § 1610. Guard for jail. The sheriff, when necessary, may, with the assent in writing of the county judge, or in a city, of the mayor thereof, employ a temporary guard for the pro- tection of the county jail, er for the safe-keeping of prison- ers, the expenses of which are a county charge. En. Feb- ruary 14, 1872. § 1611. Sheriff 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 su- pervisors, and, except as provided in the next section, to be paid out of the county treasury. En. February 14, 1872. Cal. Eep. Cit. 67, 335; 102, 430. § 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 eases where a party is committed as a punish- §§ 1613-1615 COUNTY JAILS. 544 ment for disobedience to the mandates, process, writs or orders of court. En. February 14, 1872. Prisoners under civil and criminal process to be kept sep- arate: See ante, sec. 1599. § 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 required by an order of the board of supervisors to perform labor on the public works or ways in the county. En. Feb- ruary 14, 1872. Cal. Eep. Cit. 97, 243. § 1614. Rules and regulations for the performance of labor. The board of supervisors making such order may pre- scribe and enforce the rules and regulations under which such labor is to be performed; and provide clothing of such a distinctive character for said prisoners as such board, in its discretion, may deem pi'oper. For ea.ch month in which the prisoner appears, by the record, to have given a cheerful and willing obedience to the rules and regulations, 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. En. February 14, 1872. Am 'd. 1893, 298. Cal. Rep. Cit. 97,' 243. § 1615. Hair-cutting for sanitary purposes. Whenever the board of health of any city or county, or the board of super- visors of any county, or the county physician of any county of this state, presents, or causes to be presented to the sher- iff, or other officer having charge of any county jail or prison in any county or city, iu this state, a certificate, or order, in writing, to the effect that it is by them, or him, considered necessary for the purpose of protecting the public health, or to prevent the introduction or spreading of disease, or to protect or improve the health of criminals under sentence, 545 COUNTY JAILS. § 1615 that the hair of any criminal or criminals be cut, such sheriff, or other officer, must cut, or cause to be cut, the hair of any such person or persons in his charge convicted of a misde- meanor and sentenced to a longer term of imprisonment than fifteen days, to a uniform length of one and one-half inches from the scalp of such person or persons so imprisoned. En. Stats. 1905, 710. This section is a codification of section 1 of the statute of 18S3, page 2S0, to protect the public health.— Code Commissioner's Note. Pen. Code— 35 APPENDIX. ADULTEEATION. Butter and cheese: See post, title Butter. Oleomargarine: See post, title Oleomargarine, Olive oil: See post, title Olive Oil. An act to punish and prohibit the sale of adulterated syrup. [Approved and in effect March 29, 1878. Stats. 1877-8, p. 695.] Section 1. Any person who shall knowingly sell, or keep, or offer for sale, or otherwise dispose of any syrup, or golden drips syrup, silver drips syrup, or molasses, containing mu- riatic or sulphuric acids, or glucose, or adulterated with any other substance to improve the color thereof, shall be guilty of a misdemeanor. 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. An act to prohibit the sophistication and adulteration of wine, and to prevent fraud in the manufacture and sale thereof. [Approved March 7, 1887; 1887, 46. In effect in ninety days.] Section 1. For the purposes of this act, pure wine shall be defined as follows: The juice of grapes fermented, pre- served, or fortified for use as a beverage, or as a medicine, by (551) 552 APPJINDIX. methods recognized as legitimate according to the provisions of this" act; unfermented grape-juice, containing no addition of distilled spirits, may be denominated according to popular custom and demand as wine only when described as "unfer- mented wine, ' ' and shall be deemed pure only when pre- served for use as a beverage or medicine, in accordance with the provisions of this act. Pure grape-must shall be deemed to be the juice of grapes, only in its natural condition, whether expressed or mingled with the pure skins, seeds, or stems of grapes. Piire condensed grape-must shall be deemed to be pure grape-must from w^hich water has been extracted by evaporation, for purposes of preservation or increase of saccharine strength. Dry wine is that produced by com- plete fermentation of saccharine contained in must. Sweet wine is that which contains more or less saccharine appre- ciable to the taste. Fortified wine is that wine to which dis- tilled spirits have been added to increase alcoholic strength, for purposes of preservation only, and shall be held to be pure when the spirits so used are the product of the grape only. Pure champagne, or sparkling wine, is that which contains carbonie acid gas or effervescence produced only by natural fermentation of saccharine matter of must, or partially fer- mented wine in bottle. Sec. 2. In the fermentation, preservation, and fortifica- tion of pure wine, it shall be specifically understood that no materials shall be used intended as substitutes for grapes, or any part of grapes; nor coloring matters shall be added which are not the pure product of grapes during fermen- tation, or by extraction from grapes with the aid of pure grape spirits; no foreign fruit juices, and no spirits im- ported from foreign countries whether pure or compounded with fruit juices or other material not the pure product of grapes, shall be used for any purpose; no aniline, dyes, salicylic acid, glycerine, alum, or other chemical antiseptics or ingredients recognized as deleterious to the health of . consumers, or as injurious to the reputation of wine as ADULTERATION. . &53 pure, shall be permitted; and no distilled spirits shall be added except for the sole purpose of preservation, and without the intention of enabling trade to lengthen the volume of fortified dry wine by the addition of water, or other wine weaker in alcoholic strength. Sec. 3. In the fermentation and preservation of pure wine, and during the operations of fining, or clarifying, re- moving defects, improving qualities, blending and maturing, no methods shall be employed which essentially conflict with the provisions of the preceding sections of this act, and no materials shall be used for the promotion of fermenta- tion, or the assistance of any of the operations of wine treatment, which are injurious to the consumer or the rep- utation of wine as pure; provided, that it shall be ex- pressly understood that the practices of using pure tannin in small quantities, leaven to excite fermentation only, and not to increase the material for the production of alcohol; water before or during, but not after, fermentation, for the purpose of decreasing the saccharine strength of musts to enable perfect fermentation; and the natural products of grapes in the pure forms as they exist in pure grape-musts, skins, and seeds; sulphur fumes to disinfect cooperage and prevent disease in wine; and pure gelatinous and albuminous substances, for the sole purpose of assisting fining, or clar- ification, shall be specifically permitted in the operations hereinbefore mentioned, in accordance with recognized legit- imate custom. Sec. 4. it shall be unlawful to sell, or expose, or offer to sell, under the name of wine, or grape-musts, or condensed musts or under any names designating pure wines or pure musts, as hereinbefore classified and defined, or branded, labeled, or designated in any way as wine or musts, or by any name popularly and commercially used as a designation of wine produced from grapes, such as claret, burgundy, hock, saiiterne, port, sherry, madeira, and angelica, any sub- stance or comjwund, except pure wine, or pure grape-must 554 APPENDIX. or pure grape condensed must, as defined by this act, and produced in accordance with and subject to restrictions herein set forth; provided, that this act shall not apply to liquors imported from any foreign country, which are taxed upon entry by custom laws in accordance with a specific duty, and contained in original packages or vessels, and prominently branded, labeled, or marked, so as to be known to all persons as foreign products, excepting, however, when such liquor shall contain adulterations of artificial coloring matters, antiseptic chemicals, or other ingredients known to be deleterious to the health of consumers; and provided, further, that this act shall not apply to currant wine, goose- berry wine, or wines made from other fruits than the grape, which are labeled or branded and designated, and sold, or offered or exposed for sale, under names, including the word wine, but also expressing distinctly the fruit from which they are made, as gooseberry wine, elderberry wine, or the like. Any violation of any of the provisions of any of the preceding sections shall be a misdemeanor. Sec. 5. Exceptions from the provisions of this act shall be made in the case of pure champagne, or sparkling wine, so far as to permit the use of crystallized sugar in sweet- ening the same according to usual customs, but in no other respect. Sec. 6. In all sales and contracts for sale, production, or delivery of products defined in this act, such products, in the absence of a written agreement to the contrary, shall be presumed to be pure, as herein defined, and such sale or con- tracts shall, in the absence of such an agreement, be void, if it be established that the products so sold or contracted for were not pure as herein defined; and in such case the con- cealment of the true character of such products shall con- stitute actual fraud for which damages may be recoveired, and in a judgment for damages, reasonable attorney fees, to be fixed by the court, shall be taxed as costs. ADULTERATION. 555 Sec. 7. The controller of the state shall cause to have engraved plates, from which shall be printed labels, which shall set forth that the wine covered by such labels is pure California wine, in accordance with this act, and leaving blanks for the name of the particular kind of wine and the name or names of the seller of the wine and place of busi- ness. These labels shall be of two forms or shapes, one a narrow strip to cap over the corks of bottles, the other a round or square and sufficiently large, say three inches square, to cover the bungs of packages in which wine is sold. Such labels shall be furnished upon proper application to actual residents, and to be used in this state only, and only to those who are known to be growers, manufactures, traders, or handlers, or bottlers of California wine; and such par- ties will be required to file a sworn statement with said con- troller, setting forth that his or their written application for such labels is and will be for his or their sole use and benefit, and that he or they will not give, sell, or loan such labels to any other person or persons whomsoever. Such la- bels shall be paid for at the same rate* and price as shall be found to be the actual cost price to the state, and shall be supplied from time to time as needed, upon the written ap- plication of such parties as are before mentioned. Such label, when affixed to bottle or wine package, shall be so affixed that by drawing the cork from bottle or opening the bung of package, such label shall be destroyed by such opening; and before affixing such labels, all blanks shall be filled out, by stating the variety or kind of wine that is ceace officers, or an officer of said so- ciety, to cause the same to be killed on information of such abandonment. Such officer may likewise take charge of any animal that by reason of lameness, sickness, feeble- ness, or neglect, is unfit for the labor it is performing, or that in any other manner is being cruelly treated; and, if such animal is not then in the custody of its owner, such officer shall give notice thereof, to such owner, if known, any may provide suitable care for such animal until it is deemed to be in a suitable condition to be delivered to such owner, and any necessary expenses which may be incurred for taking care of and keeping the same sha,ll be a lien thereon, to be paid before the same can be law- fully recovered. [Amendment adopted March 14, 1901. Stats. 1901, 286.] See. 14. It shall be the duty of the society first or- 566 APPENDIX. ganized and incorporated as herein provided, in each city and county, or county, to actively engage in enforcing the provisions of this act, and arresting and prosecuting of- fenders thereunder, and in preventing cruelty to animals. Every person convicted of any misdemeanor under this act, shall be punished as in law provided for the punishment of misdemeanors, and all fines and forfeitures imposed and collected in any county, or city and county, under the pro- visions of this act shall inure to the society in said county, or city and county, organized and incorporated as herein provided, in aid of the benevolent object for which it is incorporated, and in addition to said fines, the said society so organized and incorporated, may, in each city, or city and county, or county, where such society exists, while actively engaged in enforcing the provisions of this act, or arresting, or prosecuting offenders thereunder, or prevent- ing cruelty to animals, be paid, as compensation therefor, from the county, or city and county, general fund by the board of supervisors, a sum not to exceed one hundred and fifty dollars per month, in the same manner as other claims against said county, or city and county, are paid. [Amend- ment approved March 2, 1903. Stats. 1903, p. 69. This sec- tion was also amended in 1901. Stats. 1901, 287.] Sec. 15. All prosecutions for the violation of any of the provisions of this act shall be conducted and prosecuted in a court of competent jurisdiction, and any member of said society authorized, as provided in section five of this act, may appear and prosecute in any of said courts, for any violation of any of the provisions of this act, whether or not he be an attorney or counselor at law; provided, that all such prosecutions shall be conducted in the name of the people of the state of California. Sec. 16. In this act the singular shall include the plural; the word "animal" shall be held to include every living dumb creature: the words "torture," "torment," and "cruelty," shall be held to include every act, omission, or neglect whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted, and the words "owner" and "person" shall be held to include corporations as well as individuals; and the knowledge and acts of agents of and persons employed by corporations, in regard to ani- mals transported, owned, or employed by, or in the custody of such corporations, shall be held to be the act and knowl- edge of such corporations as well as such agent or em- ployees. Sec. 17. No part of this act shall be deemed to inter- fere with any of the laws of this state known as the "game laws," or any laws for the destruction of certain birds; nor shall this act be deemed to interfere with the- right to destroy an}^ venomous reptiles, or any animal known as dangerous to life, limb, or property, or to in- terfere with the right to kill all animals used for food, or with any properly conducted scientific experiments or investigations, which experiments or investigations shall be performed only under the authority of the faculty of some regularly incorporated medical college or university of the state of California. Sec. 18. The act entitled "An act for the more effectual prevention of cruelty to animals, ' ' approved March thir- tieth, eighteen hundred and sixty-eight, and amendments thereto, approved March fifteenth, eighteen hundred and seventy-two, are hereby repealed. Sec. 19. This act shall take effect from and after its passage. Sec. 20. Whoever shall cut the solid part of the tail of any horse in the operation known as "docking," or by any other operation performed for the purpose of shortening the tail, and whoever shall cause the same to be done, or assist in doing such cutting, shall, upon conviction, be deemed guilty of a misdemeanor. [New section added March 14, 1901. Stats. 1901, p. 287.] Sec. 21. Every animal which is unfit, by reason of its physical condition, for the purpose for which such animals 19 568 APPENDIX. are usually employed, and when there is no reasonable probability of such animal ever becoming fit for the pur- pose for which it is usually employed, shall be by the owner or lawful possessor of the same, deprived of life within twelve hours after being notified by any peace officer, or officer of said society, to kill the same, and such owner, possessor, or person omitting or refusing to com- ply with the provisions of this section, shall upon con- viction, be deemed guilty of a misdemeanor, and after such conviction the court or magistrate having jurisdic- tion of such offense shall order any peace officer, or officer of said society, to immediately kill such animal; provided, that this shall not apply to such owner keeping any old or diseased animal belonging to him on his own premises with proper care. [ISTew section added March 14, 1901. Stats. 1901, p. 287.] Sec. 22. Any person or persons holding a lien or liens against any animal or animals under the provisions of this act may satisfy such lien as follows: If such lien be not paid, by the party or parties responsible, within three days after the obligation becomes due, then the party or parties holding such lien may resort to the proper court to satisfy the claim; or he or they, three days after the charges against such property becomes due, may sell the same, or such undivided fraction thereof as may become necessary, to defray the amount due and costs of sale, by giving three days' notice of the sale by advertising in some newspaper published in the county, or city and county, in which the lien has attached to the property; or, if there is no paper published in the county, then by posting notices of the sale in three of the most public places in the town or township for three days previous to the sale. Said notices shall contain an accurate de- scription of the property to be sold, together with the terms of sale, which must be for cash, payable on the consummation of the sale. The proceeds of the sale must be applied to the discharge of the lien and the costs of ANIMALS. "b* sale; the remainder, if any, must be paid over to the owner, if known, and if not known must be paid into the treasury of the humane society of the county, or city and county, wherein the sale takes place; if no humane society exists in the county, then the remainder shall be paid into the county treasury. [New section added March 14, 1901. Stats. 1901, p. 287.] An act to prohibit the use of the bristle bur, tack bur, or other like devices on horses or other animals in this state, [Approved March 13, 1903. Stats. 1903, p. 139.] The people of the state of California, represented in sen- ate and assembly, do enact as follows: 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 is known as the bristle bur, tack bur, or other like device, by whatsoever name known or designated, on any said horse or other animal for any purpose whatso- ever. Sec. 2. A violation of the provisions of this act shall be deemed a misdemeanor and any one found guilty there- of shall be punished by a fine of not less than twenty-five dollars nor more than two hundred and fifty dollars, or by imprisonment in the county jail not less than ten nor more than one hundred and seventy-five days, or may be pun- ished by both such fine and imprisonment. Sec. 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. 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 livestock, ex- cept for medicinal purposes, and making the same a mis- demeanor. [Approved March 23, 1901. Stats. 1901, 553.] 570 APPENDIX. The people of the state of California, represented in sen- ate and assembly, do enact as follows: 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, gelding, colt, filly, dog, animals, or other livestock, 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 en- tered at or with any agricultural park, or association, race-course, or corporation, or other exhibition for com- petition for prize, reward, purse, premium, stake, sweep- stakes, or other reward, or to expose any such poison, drug, medicine, or noxious substance, with intent that the same shall be taken, inhaled, swallowed, or otherwise re- ceived by any horse, stud, mule, ass, mare, horned cattle, neat cattle, gelding, colt, filly, dog, animal, or other live- stock, with intent to impede or affect the speed, endur- ance, sense, health, physical condition, or other, character or quality of such above mentioned animal, or other live- stock. Sec. 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, animal, or other livestock, 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 livestock. 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. ANIMALS— ARTESIAN WELLS. 571 Sec. 4. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 5. This act shall take effect immefliately. An act to prevent the spread of contagious or infectious diseases among domestic animals. Section 1. Any person or persons, company or corpora- tion, owning or having possession or control of any animal affected by any contagious or infectious disease, who shall fail to keep the same within an inelosure, or herd the same in some place where they will be secure from contact with other animals of like kind not so affected, or who shall suffer such infected animals to be driven on the public highway or to range where they will be likely to come in contact with other animals not so affected, shall be guilty of a misdemeanor, and, on conviction, punished by a fine of not more than five hundred dollars for each offense. Sec. 2. This act shall take effect immediately. [Ap- proved March 23, 1893. Stats. 1893, 302.] AETESIAN WELLS. An act to regulate the use of artesian wells, and to pre- vent the waste of subterranean waters in this state. [Approved March 9, 1878. Stats. 1877-8, 195. Sec. 8 Eepealed by Stats. 1901, 284.] Section 1. Any artesian well which is not capped, or furnished with such mechanical appliance as will readily and effectively arrest and prevent the flow of water from such well, is hereby declared, to be a public nuisance. The owner, tenant, or occupant of the land upon 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 niisdemeauor. Sec. 2. Any person owning, possessing, or occupying any land upon which is situated an artesian well, who causes, 572 APPENDIX. suffers, or permits the water to unnecessarily flow from such well, or to go to waste, is guilty of a misdemeanor. Sec. 3. An artesian well is defined, for the purposes of this act, to be any artificial well the waters of which will flow continuously over the natural surface of the ground adjacent to such well at any season of the year. Sec. 4. Waste is defined, for the purposes of this act, to be the causing, suffering, or permitting the waters flow- ing from such well to run into any river, creek, or other natural watercourse or channel, or into any bay, lake, or pond, or into any street, road, highway, or upon the land of any person other than that of the owner of such well, or upon public lands of the United States or of the state of California, unless it be used thereon -for the purposes and in the manner that it may be lawfully used upon the land of the owner of such well; provided, that this section shall not be so construed as to prevent the use of such waters for the proper irrigation of trees standing along or upon any street, road, or highway, or for ornamental ponds or fountains, or the propagation of fish. Sec. 5. Any person violating any of the provisions of this act may be proceeded against for a misdemeanor in any justice 's court of the county in which such well is located, and shall, upon conviction, be fined for each offense not less than ten nor more than fifty dollars. There shall, also, upon conviction had, in addition to such fine, be taxed against such party the cost of prosecution. Such fine and costs may be collected as in other criminal cases, and the justice may also issue an execution upon the judgment there- in rendered, and the same may be enforced and collected as in civil cases. Sec. 6. It shall be the duty of the supervisors or road- masters, on complaint of any citizen within their respective districts, and for that purpose may at all proper times enter upon the premises where such well is situated; and it shall be his duty to institute, or cause to be instituted, ARTESIAN WELLS— BUOYS AND BEACONS. 573 criminal action for all violations of the provisions of this act, or for all public oifenses defined in this act, committed within such district. See. 7. AA act entitled "An act to regulate the use of artesian wells, and to prevent the waste of subterranean waters in Santa Clara and Los Angeles counties," approved March eighteenth, eighteen hundred and seventy-six, and all other acts and parts of acts in conflict with the pro- visions of this act, are hereby repealed. Sec. 8. Eepealed by Stats. 1901, p. 284. This repealed section was as follows: "This act shall not apply to artesian wells in the county of San Bernardino." BUOYS AND BEACONS. An act for the protection of buoys and beacons. [Approved March 26, 1874. Stats. 1873-4, 619.] Section 1. Any person or persons who shall moor any vessel or boat of any kind, or any raft 'or scow, to any buoy or beacon placed in the waters of California by authority of the United States lighthouse board, or shall in any man- ner hang on to the same, with any vessel, boat, raft, or scow, or shall willfully remove, damage, or destroy any such buoy or beacon, or any part of the same, or shall cut down, remove, damage, or destroy any beacon or bea- cons erected on land in this state by the authority afore- said, shall, for every such offense, be deemed guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction, be punished by a fine not ex- ceeding five hundred dollars, or by imprisonment not ex- ceeding six months; one-third of the fine in such case to be paid to the informer, and two-thirds thereof to the lighthouse board, to be used in repairing said buoys and beacons. Sec. 2. The cost of repairing or replacing any such buoy or beacon which may have been misplaced, damaged, or Pen. Code— 37 574 APPENDIX. destroyed by any vessel, boat, raft, or scow being made fast to the same, shall, when said cost shall have been legally 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 jurisdiction in this state. BUTTEE. [See act to prevent deception, etc., February 23, 1899. Stats. 1899, p. 25.] Act to prevent sale of oleomargarine as butter: See post, title Oleomargarine. An act entitled an act to prevent the sale of short-weight rolls of butter. [Approved March 11, 1893. Stats. 1893, 151.] Any person or persons, firm or corporation, who offers for sale roll butter not of full weight to each roll, shall be guilty of a misdemeanor. This act shall go into effect sixty days after its passage. An act to prevent deception in the manufacture and sale of butter and cheese, to secure its enforcement, and to appropriate money therefor. [Approved March 4, 1897. Stats. 1897, 65.] Section 1. That for the purposes of this act, every arti- cle, substance, or compound, other than that produced from pure milk or cream from the same, made in the sem- blance of butter, and designed to be used as a substitute for butter made from pure milk or cream from the same, is hereby declared to be imitation butter; and that for the purposes of this act, every article, substance, or com- pound, other than that produced from pure milk or cream from the same, made in the semblance of cheese, and designated to be used as substitute for cheese made from pure milk or cream from the same, is hei'eby declared to be imitation cheese; provided, that the use of salt, ren- net, and harmless coloring matter for coloring the product of pure milk or cream, shall not be construed to render such product an imitation; and provided, that nothing in this section shall prevent the use of pure skimmed milk in the manufacture of cheese. Sec. 2. No person, by himself or his agents or servants, shall render or manufacture, sell, offer for sale, expose for sale, or have in his possession with intent to sell, or use, or serve to patrons, guests, boarders, or inmates, in any hotel, eating-house, restaurant, public conveyance or board- ing-house, or public or private hospital, asylum, or eleemosy- nary or penal institution, any article, product, or compound made wholly or partly out of any fat, oil, or oleaginous sub- stance or compound thereof, not produced directly and at the time of manufacture from unadulterated milk or cream from the same, which article, product, or compound shall be colored in imitation of butter or cheese produced from unadulterated milk or cream from the same; provided, that nothing in this section shall be construed to prohibit the manufacture or sale, iinder the regulations hereinafter pro- vided, of substances or compounds, designed to be used as an imitation, or as a substitute for butter or cheese made from pure milk or cream from the same, in a separate and distinct form, and in such .a manner as will advise the con- sumer of its real character, free from coloration, or ingredi- ents, that causes it to look like butter or cheese made from pure milk or cream, the product of the dairy. Sec. 3. Each person who, by himself or another, law- fully manufactures any substance designed to be used as a substitute for butter or cheese, shall mark by branding, stamping, or stenciling upon the top and sides of each tub, firkin, box, or other package in which such article shall be kept, and in which it shall be removed from the place where it is produced, in a clear and durable manner, in 576 APPENDIX. the English language, the words "substitute for butter," or "substitute for cheese," as the case may be, in printed letters in plain Eoman type, each of which shall not be less than one inch in height by one-half inch in width, and in addition to the above shall prepare a statement, printed in plain Eoman type, of a size not smaller than pica, stat- ing in the English language its name, and the name and address of the manufacturer, the name of the place where manufactured or put up, and also the names and actual percentages of the various ingredients used in the manu- facture of such imitation butter or imitation cheese; and shall place a copy of said statement within and upon the contents of each tub, firkin, box, or other package, and next to that portion of each tub, firkin, box, or other package as is commonly and most conveniently opened; and shall label the top and sides of each tub, firkin, box, or other package by affixing thereto a copy of said state- ment, in such manner, however, as not to cover the whole or any part of said mark of "substitute for butter," or "substitute for cheese." Sec. 4. No person, by himself or another, shall know- ingly ship, consign, or forward by any common carrier, whether public or private, any substance designed to be used as a substitute for butter or cheese, unless the same be marked and contain a copy of the statement, and be labeled as provided by section three of this act; and no carrier shall knowingly receive the same for. the purpose of forwarding or transporting, unless it shall be manufac- tured, marked, and labeled as hereinbefore provided, con- signed, and by the carrier receipted for by its true name; provided, that this act shall not apply to any goods in transit between foreign states and across the state of Cali- fornia. Sec. 5. No person, or his agent, shall knowingly have in his possession or under his control any substance de- signed to be used as a substitute for butter and cheese unless the tub, firkin, box, or other package containing the same, shall be clearly and durably marked and contain a copy of the statement, and be labeled as 'provided by sec- tion three of this act; and if the tub, firkin, box, or other package be opened, then a copy of the statement de- scribed in section three of this act shall be kept, with its face up, upon the exposed contents of said tub, firkin, box, or other package; provided, that this section shall not be deemed to apply to persons who have the same in their possession for the actual consumption of themselves or family. Sec. 6. No person, by himself or another, shall sell, or offer for sale, or take orders for the future delivery of, any substance designed to be used as a substitute for but- ter or cheese, under the name of or under the pretense that the same is butter or cheese; and no person, by himself or another, shall sell any substance designed to be used as a substitute for butter or cheese, unless he shall inform the purchaser distinctly, at the time of the sale, that the same is a substitute for butter or cheese, as the case may be, and shall deliver to the purchaser, at the time of the sale, a separate and distinct copy of the statement de- scribed in section three of this act; and no person shall use in any way, in connection or association with the sale, or exposure for ^ale, or advertisement, of any substance designed to be used as a substitute for butter or cheese, the words "buttcrine," "creamery," or "dairy," or the representation of any breed of dairy cattle, or any com- bination of such words and representation, or any other words or symbols, or combinations thereof, commonly used by the dairy industry in the sale of butter or cheese. Sec. 7. No keeper or proprietor of any bakery, hotel, boarding-house, restaurant, saloon, lunch counter, or other place of public entertainment, or any person having charge thereof, or employed thereat, or any person furnishing board for others than members of his own family, or for any em- ployee where such board is furnished as the compensation or as a part of the compensation of any such employee, Pen. Code— 37 578 APPENDIX. shall place before any patron or employee, for use as food any substance, designed to be used as a substitute for but- ter and cheese, unless the same be accompanied by a copy of the statement described in section three of this act, and by a verbal notification to said patron that such sub- stance is a substitute for butter or cheese. Sec. 8. No action can be maintained on account of any sale or other contract made in violation of, or with intent to violate, this act by or through any person who was know- ingly a party to such wrongful sale or other contract. Sec. 9. Every person having possession or control of any substance designed to be used as a substitute for butter or cheese which is not marked as required by the pro- visions of this act, shall be presumed to have known, dur- ing the time of such possession of control, that the same was imitation butter, or imitation cheese, as the case may be. See. 10. No person shall efface, erase, cancel, or remove any mark, statement, or label provided for by this act, with intent to mislead, deceive, or to violate any of the provisions of this act. Sec. 11. No butter or cheese not made wholly from pure milk or cream, salt, harmless coloring matter, shall be used in any of the charitable or penal institutions that receive assistance from the state. Sec. 12. Whoever shall violate any of the provisions or sections of this act shall be deemed guilty of a misde- meanor, and shall, upon conviction thereof, be punished, for the first offense, by a fine of not less than fifty dollars, nor more than one hundred and fifty dollars, or by im- prisonment in the county jail for not exceeding thirty days; and for each subsequent offense, by a fine of not less than one hundred and fifty dollars, nor more than three hundred dollars, or by imprisonment in the county jail not less than thirty days, nor more than six months, or by both such fine and imprisonment, in the discretion of the court. One-half of all the fines collected under the provisions of this act shall be paid to the person or per- sons furnishing information upon which conviction is pro- cured. Sec. 13. Whoever shall have possession or control of any imitation butter or imitation cheese, or any substance designed to be used as a substitute for butter or cheese, contrary to the provisions of this act, shall be construed to have possession of property with intent to use it as a means of committing a public offense, within the meaning of chapter three, of title twelve, of part two, of an act to establish a Penal Code; provided, that it shall be the duty of the officer who serves a search warrant issued for. imitation butter or imitation cheese, or any substance de- signed to be used as a substitute for butter or cheese, to deliver to the agent of the dairy bureau, or to any per- son by such dairy bureau authorized in writing to re- ceive the same, a perfect sample of each article seized by virtue of such warrant, for the purpose of having the same analyzed, and forthwith to return to the person from whom it was taken the remainder of each article seized as aforesaid. If any sample be found to be imitation butter or imitation cheese, or substance designated to be used as a substitute for butter or cheese, it shall be returned to and retained by the magistrate as and for the purpose contemplated by section fifteen hundred and thirty-six of an act to establish a Penal Code; but if any sample be found not to be imitation butter or imitation cheese, or a substance designed to be used as a substitute for butter or cheese, it shall be returned forthwith to the person from whom it was taken. Sec. 14. It shall be the duty of the district attorney, upon the application of the dairy bureau, to attend to the prosecution, in the name of the state, of any suit brought for the violation of any of the provisions of this act within his district. oSO APPENDIX. Sec. 15. The governor shall on or before the first day of July, eighteen hundred and ninety-seven, appoint three resident citizens of this state, who shall have practical experience in the manufacture of dairy products, to con- stitute a state dairy bureau, and which shall succeed the one now in existence in every respect. Members of this bureau shall hold ofiice for the period of four years from and after the first day of July, eighteen hundred and ninety-seven, and until their successors are appointed and qualified; provided, that the first members appointed under the provisions of this act shall at their first meeting so classify themselves by lot as that one shall go out of ofiice aj; the expiration of two years, one at the expiration of three years, and the other at the expiration of four years. Any vacancy shall be filled by appointment by the governor for the unexpired term. The members of said bureau shall serve without compensation, and within twenty days after their appointment, shall take the oath of ofiice as required by the constitution, and they shall thereupon meet and organize by electing a chairman and treasurer. Any one of them may be removed by the governor, for neglect or violation of duty. They shall make a report in detail to the legislature not later than the first day of December next preceding the meetings thereof. Sec. 16. It shall be the duty of the state dairy bureau to secure, as far as possible, the enforcement of this act. The state dairy bureau shall have power to employ an agent at a salary of twelve hundred dollars a year, and such assistants or chemists, as from time to time may be necessary therefor. Sec. 17. There is hereby appropriated for the use of this state dairy bureau, out of any money in the state treasury not otherwise appropriated, the sum of five thou- sand dollars for each fiscal year hereafter, and commencing with the forty-ninth fiscal year. All salaries, fees, costs, and expenses of every kind incurred in the carrying out BUTTER— CONSPIRACY. 6X1 of the law shall be drawn from the sum so appropriated, and the state controller shall draw his warrant on the state treasurer in favor of the person entitled to the same. Sec. 18. All acts and parts of acts inconsistent with this act are hereby repealed. See. 19. This act shall take effect immediately. For the prior acts on this subject, see Stats. 1895, p. 41, and Stats. 1881, p. 14. • Act to prevent sale of oleomargarine as butter: See post, title Oleomargarine. CONSPIEACY. An act to limit the meaning of the word "conspiracy," and also the use of "restraining orders" and "injunc- tions," as applied to disputes between employers and employees in the state of California. [Approved March 20, 1903. Stats. 1903, 289.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. No agreement, combination, or contract by or between two .or more pergilns to do or procure to be done, or not to do or procure not to be done, any act in contemplation or furtherance of any trade dispute between employers and employees in the state of California shall be deemed criminal, n«r shall those engaged therein be indictable or otherwise punishable for the crime of con- spiracy, if such act committed by one person would not be punishable as a crime, nor shall such agreement, com- bination, or contract be considered as in restraint of trade or commerce, nor shall any restraining order or injunction be issued with relation thereto. Nothing in this act shall exempt from punishment, otherwise than as herein ex- cepted, any persons guilty of conspiracy, for which pun- ishment is now provided by any act of the legislature, but 582 APPENDIX. sueh act of the legislature shall, as to the agreements, com- binations, and contracts hereinbefore referred to, be con- strued as if this act were therein contained; provided, that nothing in this act shall be construed to authorize force or violence, or threats thereof. Sec. 2. This act shall take effect immediately. An act making a conspiracy to commit any crim-? against the person of, or an attempt to kill or commit any assault upon, the president or vice-presidenz of the United States, the governor of any state or territory, any United States justice or judge, or the; secretary of any executive department of the United Urates, a felony; and providing a penalty therefor. [Approved February 28, 1903. Stats. 1903, 58.] The people of the state of California, represented in senate and assembly, do enact as loUows: Section 1. If two or more peuions 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 secretary of any of the executive departments of the United States, they are giMty of felony, and upon con- viction thereof, shall be punished by imprisonment in the state prison not less than ten years. Sec. 2. Every person who attempts to kill, or who 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. Sec. 3. This act shall take effect and bo in force from and after its passage. CONVICTS— CORONERS. 583 CONVICTS. An act providing for the furnishing to sheriffs and chiefs of police of certain information, descriptions, and photo- graphs of convicts about to be discharged, by the war- dens of state prisons. Section 1. "Within thirty days prior to the expiration of the sentence of any convict confined in any state prison of this state the warden of such state prison shall forward to each sheriff and chief of police of this state a photo- graph of such convict, together with a minute description of his person and marks of identification, together with a statement of the nature of the crime he is imprisoned for. Sec. 2. Section one of this act shall be construed so as to apply only to convicts who have served a prior term or terms in a state prison or house of correction. Sec. 3. Any expenditure incurred in carrying out the provisions of this act shall be paid for out of the appro- priation made for the support of state 's prisons. Sec. 4. This act shall take effect immediately and be in force from and after its passage. [Stat, approved March 27, 1897; Stats. 1897, p. 213.] COEONEES. Act relating to costs of coroner's inquest in state prison: See post, title Costs. An act providing in counties of the first class for the appointment by the coroner of a competent physician for the performance of autopsies upon the bodies of deceased persons when inquests are held, and fixing the compensation therefor. [Approved March 14, 1895. Stats. 1895, 52.] Section 1. In counties of the first class, the coroner shall appoint a competent physician, whose duties it shall 5S4 APPEKDIX. 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 professional opinion as to the cause of death, which certifi- cate shall be filed with said coroner. Sec. 2. The physician so appointed shall receive as compensation for his said services the sum of twenty-four hundred dollars per annum, which shall be paid out of the general 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. Sec. 3. This act shall take effect and be in force from and after its passage. An act to provide an official stenographic reporter to the coroner of each county, or city and county, having one hundred thousand or more inhabitants, and pro- viding the mode in which such reporter shall be ap- pointed, and establishing the compensation and pre- scribing the duties of such reporter. [Approved March 26, 1895. Stats. 1895, 168.] (Superseded as to San Francisco by its charter.) Section 1. It shall be lawful for the coroner of every county, or city and county, of this state, having one hun- dred 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 appoint- ment. Sec. 2. The said official reporter shall be allowed and shall receive compensation as follows: One hundred and fifty dollars per month. 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 witnesses, 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, CORONERS. '>S4 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. Sec. 4. The said official reporter shall, before entering upon the duties of his office, take and subscribe the con- stitutional oath of office. Sec. 5. Any report of the said official reporter duly ap- pointed and sworn, when written out in longhand writing and certified by him as being a correct transcript of the testimony and proceedings in the case, shall be prima facie a correct statement of such testimony and proceedings. Sec. 6. The salary of said reporter shall be audited and paid monthly out of the general fund of the said coun- ty, or city and county. Sec. 7. This act shall take effect from and after its pas- sage. An act concerning the attendance 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. 1871-2, 81.] (The code commissioners say as to this act: "As to § 1, superseded by County Government Act, 1897, 490, § 142.") Coroner may summon physician, surgeon, or chemist. Section 1. The coroner or other officer holding an in- quest upon the body of a deceased person may summon a physician or surgeon to inspect the body, or a chemist to make an analysis of the contents of the stomach, or the tissues of the body of the deceased, and to give a pro- fessional opinion as to the cause of the death. Compensation. Sec. 2. Any physician, surgeon, or chemist profession- ally attending as a witness on an inquest, or upon a trial of any person charged with murder or manslaughter, or 5S6 APPENDIX. in cases de lunatico inquirendo, as above provided, shall be allowed a reasonable compensation for such attendance or examination by the board of supervisors, upon the writ- ten certificate of the court or officer requiring such ser- vices as to the extent and supposed value of the same; provided, that such certificate shall not be conclusive as to the amount of compensation. An act in relation to coroners in the city and county of San Francisco. [Approved March 16, 1872. Stats. 1871-2, 403. Amended 1873-4, 908; 1875-6, 397.] (The code commissioners say as to this act: "Modified as to appointees by § 2, ch. VI, art. IV, charter of San Francisco; superseded as to coroners generally by County Government Act, 1897, 490. See Kuhlman v. Superior Court, 122 Cal. 636.") An act to provide for furnishing assistants to the coroner of each city or city and county having one hundred thousand or more inhabitants, and providing the mode in which such assistants shall be appointed and desig- nated, and establishing the compensation and prescrib- the duties of such assistants. [Approved March 23, 1893. Stats. 1893, 190.] (As to San Francisco, superseded by the charter.) Section 1. It shall be lawful for the coroner of 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 respective of- fices at the pleasure of said appointing power. Sec. 2. Such assistants shall be classified and desig- nated as follows: First deputy coroner, second deputy cor- oner, third deputy coroner, fourth deputy coroner, mes- senger. Said deputies shall be allowed and receive sala- ries as follows: The salary of the first deputy shall CORONERS— CORPORATIONS. 587 be two 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 cor- oners in all matters, except as to those duties which are forbidden to Jbe delegated. It shall be the duty of the mes- senger 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. Sec. 3. The salaries of the said assistants shall be au- dited and paid monthly out of the general fund of the said city or city and county. This act shall take effect from and after its passage. An act prescribing the fees of coroners, and elisors and their mode of payment. [Approved March 30, 1874; 1873-4, 794.] Superseded by the County Government Acts: See Stats. 1897, 481, § 105. COEPOEATIONS. An act to protect stockholders and persons dealing with corporations in this state. [Approved March 29, 1878. Stats. 1877-8, 695. Am'd. 1905, p. 78G.] Section 1. Any superintendent, director, secretary, man- ager, agent, or other officer, who shall willfully subscribe, existing under the laws of this state, or transacting busi- ness in the same, and any person pretending or holding him- self out as such superintendent, director, secretary, man- ager, agent, or other officer, who shall willfully subscribe, sign, indorse, verify, or otherwise assent to the publication, either generally or privately, to the stockholders or other persons dealing with such corjioration, or its stock, any 588 APPENDIX. untrue or willfully and fraudulently exaggerated report, prospectus, account, statement of operations, values, busi- ness, profits, expenditures, or prospects, or other paper or document intended to produce or give, or having a tendency to produce or give, to the shares of stock in such corpora- tioiis a greater value, or less apparent or market value than they really possess, or with the intention of defrauding any particular person or persons, or the public, or persons generally, shall be deemed guilty of a felony, and on con- viction thereof, shall be punished by imprisonment in the state prison or county jail not exceeding two years, or by a fine not exceeding five thousand dollars, or by both. Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed. COSTS. An 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 convicts, and to pay for the expenses of coroner in- quests in said prison. [Approved April 12, 1880. Stats. 1880, p. 43.] 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 keeping such convict, and the execution of the sen- tence of said convict by said county, and the costs and ex- penses 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 j)rison by the county where said pHson has been situated, shall be certified to by the county clerk of said county wherein said trials and inquests have been held to COSTS— DAIRIES— ELECTIONS. 589 the board of state prison directors for their approval, and after such approval they shall pay 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 hadj "provided, that this act shall not apply to any costs or expenses incurred since January first, eighteen hun- dred and seventy-three." Sec. 2. This act shall only apply to cases which have not been settled for by the state. Sec. 3. This act shall take effect immediately. DAIEIES. [Dairies, inspection of: See Stats. 1899, p. 171.] ELECTIONS. An act to prohibit ''piece clubs," and to prevent extortion from candidates for office. [In effect March 14, 1878.- Stats. 1877-8, 236.] (The code commissioners say of this act: "Modified, if not repealed, by the Purity of Elections Act of 1893, p. 12.") Section 1. All payments and contributions of. money for election expenses, made by candidates for office in this state shall hereafter be assessed and made by such candi- dates by voluntary assessment among themselves, and not otherwise, and at meetings to be called for such purpose, at which meetings none but candidates for office at the next ensuing election shall be present or participate. Sec. 2. Any person being a candidate for office in this state, who shall directly or indirectly pay, or knowingly cause to be paid, any money or other valuable thing to any person, as an assessment or contribution for the expenses of the election at which such person or candidate is to be voted for, except the contribution or assessment so agreed 690 APPENDIX. upon by such meeting of candidates, shall be deemed guilty of a misdemeanor, and, upon conviction, punished accord- ingly. Sec. 3. It shall not be lawful for any committee, con- vention, or other association, formed for the purpose of nominating a candidate or candidates for office in this state, to levy, assess, collect, demand, or receive, directly or indirectly, any money or other valuable thing from any candidate or candidates nominated for office by such com- mittee, convention, or other association, either for the ex- penses of printing or distributing tickets, or for any of the expenses of the election of such candidate or candidates, or as or for the expenses of such nominating convention, committee, or other association, or under or upon any pre- tense whatsoever. Sec. 4. Any officer or member of any such committee, convention, or association, or other person, -vfrho shall vote for, aid, authorize, assist, or consent to any such levy, as- sessment, or collection from any candidate or candidates, shall be deemed guilty of a misdemeanor, and, on convic- tion, punished accordingly. Sec. 5. Any person who shall demand, ask for, collect, or receive, either directly or indirectly, any money or other valuable thing from any candidate or candidates for office in this state, on the ground that such money or other valuable thing has been assessed to such candidate or candidates, or asked for, demanded, or required by any person, nominating convention, committee, or other political association, as or for the costs of printing or distributing tickets, or for the payment of election expenses of any kind or nature whatsoever, or as or for the expenses of such nominating committee, convention, or association, shall, for each offense, be deemed guilty of a misdemeanor, and, on conviction, shall be punished accordingly; but nothing herein contained shall prevent the candidates at any election from assembling together and voluntarily assessing themselves ELECTIONS— EMIGRATION. 591 for any expenses authorized by law for the common good of the ticket, and to collect and disburse the same by agents appointed for such purpose. Sec. 6. Any person who shall voluntarily and unsolic- ited oflfer to work for and assist, or in any manner what- soever contribute to the nomination or election of any candidate or other person to any office in this state, for the purpose and with the intent to have such candidate or person pay for, or in any manner compensate such person so offering for such work or services, shall be deemed guilty of a misdemeanor, and, on conviction, punished ac- cordingly. Sec. 7. This act shall apply only to the city and county of San Francisco. EIV^IGEATION. An act to promote emigration from the state of California. [In effect March 26, ]880. Stats. 1880, 15.] Section 1. It shall be unlawful for the owners, officers, agents, or employees of any steamship company, sailing vessel, or railroad company or firm, or corporation that may be engaged in this state in the transportation of passengers to and from any foreign port, to withhold ur refuse any person or persons the right to purchase a passage ticket or tickets to any foreign country for the reason that he or they have not presented a certificate, card, or other document whatsoever, showing that such person has paid in full, or in part, any or ail dues, tlebts, or demands, or otherwise, or auj^ sum whatsoever, to any society, company, corporation) association, or individual, or firm; and any person or corporation who shall violate the provisions of this section, or in pursuance of any agree- ment, oral or written, refuse to sell a passage ticket to any person to any foreign country, shall be guilty of a misdemeanor, and, upon conviction, shall be punished by 592 . APPENDIX. a fine of not less than one hundred nor more than five hundred dollars; provided, that nothing in this section shall be construed in any manner to apply to any passport or other document required by law to be presented, having the signature or seal of any foreign consul resident within this state. EMPLOYMENT AGENTS. An act defining the duties and liabilities of employment agents, making the violation thereof a misdemeanor and fixing penalties therefor. [Approved February 13, 1903. Stats. 1903, p. 14.] Ihe people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Any person, firm, corporation, or association pursuing for profit the business of furnishing, directly or indirectly, to persons seeking employment, information en- abling, or tending to enable, such persons to secure such employment, or registering for any fee, charge, or com- mission the names of any person seeking employment as aforesaid, shall be deemed to be an employment agent within the meaning of this act. Sec. 2. It shall be unlawful for an employment agent in the state of California to receive directly or indirectly, any money or other valuable consideration from any per- son seeking employment, for any information or assistance furnished or to be furnished by said agent to such person, enabling or tending to enable said person to secure such employment prior to the time at which said information or assistance is actually thus furnished. Sec. 3. It shall be unlawful for any employment agent in the state of California, to induce, influence, persuade, or engage any person to change from one place to another in this state, or to change from any place in any state, ti'rri- tory, or country, to any place in this state to work in any branch of labor, through or by means of any representations whatsoever, whether spoken, written or advertised in printed form, unless such employment agent shall have as- EMPLOYMENT AGENTS. 693 sured himself beyond a reasonable doubt that such repre- sentations are true and cover all the material facts affect- ing the employment in question. Whenever any such repre- sentation, whereby any person is induced, influenced, per- suaded or engaged to change from one place to another in this state, or from any place in any state, territory or coun- try, to any place in this state to work in any branch of la- bor, shall prove to be in any material degree at variance with, or short of the truth, the employment agent responsi- ble for such representations shall immediately return to any person who shall have been influenced, by such representa- tions, any and all fees paid by such person to said employ- ment agent on the strength of such representations, together with an amount of money sufficient to cover all necessary ex- penses incurred by such person influenced by such represen- tations in going to and returning from, any place he shall have been influenced by such representations to visit in the hope of employment. Sec. 4. [Eepealed. Statutes 1905, p. 144.] Sec. 5. The tax collector or license collector of each re- spective city, county or city and county of the state of California shall furnish quarterly, to the commissioner of the bureau of labor statistics of the state of California the name and address of each employment agent doing business in said city, county or city and county; provided, that where the license is not a county license, but is collected by a mu- nicipal government, then the municipal collector of said tax shall furnish the names and addresses. Sec. 6. Each employment agent in the state of Califor- nia shall keep a written record, which shall show the name of each person making application to said agent for regis- tration, information or assistance, such as is described in section two hereof; the name of each such person to whom such registration or information is furnished; and the amount received in each such case therefor; the name of each person, who, having received and paid for, as herein con- templated, registration, information or assistance such as Pen. Code— 38 594 APPENDIX. is described in section two hereof, fails to secure the em- ployment regarding which such registration, information or assistance is furnished, together with the reason why said employment was not by said person secured, and the name of each person to whom return is made, in accord- ance with the provisions of section three hereof, of any money or other consideration such as is in said section named, together with the amount of said money, or the value of said consideration, thus returned. Sec. 7. Each employment agent in the state of Califor- nia shall permit the commissioner of the bureau of labor statistics of said state, by himself, or by his deputies or agents, to have at all times access to, and to inspect, the record in section six hereof named, and upon demand in writing therefor by said commissioner, shall furnish to such commissioner a true copy of said record, or of such portion thereof as said demand in writing shall require a copy of to be thus furnished. Sec. 8. Any employment agent or other person violating, or omitting to comply with, any of the provisions of this act, shall be deemed guilty of misdemeanor, and upon <;oii- viction shall be punished by fine not exceeding five hundred (500) dollars,' or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment in the discre- tion of the court. Sec. 9. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Sec. 10. This act shall take effect from and after the date of its passage. EXPLOSIVES. 6M EXPLOSIVES. An act to protect life and property against the careless and malicious use or handling of dynamite and other explosives. [Approved March 12, 1887. Stats. 1887, p. 110.] Section 1. It is the duty of each and every person, con- tractor, firm, association, joint stock company, and cor- poration, manufacturing, storing, selling, transferring, dis- posing of, or in any manner dealing in, or with, or using, or giving out nitro-glycerine, dynamite, vigorite, hercules powder, giant powder, or other high explosive, by what- - ever name known, to keep at all times an accurate journal, or book of record, in which must be entered, from time to time, as they are made, each and every sale, delivery, transfer, gift, or other disposition made by such person, firm, association, joint stock company, or corporation, in the course of business or otherwise, of any quantity of such explosive substance. Sec. 2. 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 to provide for identification. Sec. 3. Such journal or record-book must be kept by the person, firm, association, joint stock company, or cor- poration so selling, delivering, or otherwise disposing of such explosive 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 authorities of the state,, county, city and county, or municipality where the same is situated^ on proper demand made therefor, any failure or neglect to 596 APPENDIX. keep siicli book, or to make the proper entries therein at the time of the transaction, as herein provided, or to ex- hibit the same to the peace officers or other police author- ities on demand, shall be deemed a misdemeanor, and pun- ished accordingly. Sec. 4. In addition to such punishment, and as a cumu- lative penalty, such person, firm, association, joint stock company, or corporation so offending, shall forfeit, for each offense, the sum of two hundred and fifty dollars, to be recovered in any court of competent jurisdiction, by action at law. The party so instituting such actions shall not be entitled to dismiss the same without consent of the court before which 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 shall be paid to the parties bringing the suit. Sec. 5. Any person who in the public street or any highway of any county, city and county, city, or town or city, or at, in, or near to any theater, hall, public or private school, or college, church, hotel, or other public building, or at, in, or near to any private habitation, or in, on board of, or near any railway passenger train, or car or train, or cable road, or car of the same, or steam or other vessel, engaged in carrying passengers, or ferry-boat, or other public place, where human teings ordinarily pass and repass, shall recklessly or maliciously have in his or her possession any dynamite, nitro-glycerine, vigorite, hercules powder, giant powder, or other high explosive; or who shall recklessly or maliciously, by use of such means intimi- date, terrify, or endanger any human being, is guilty of a felony, and on conviction shall be punished accordingly. Sec. 6. Any person not regularly engaged in the manu- facture, sale, transportation, or legitimate use in blast- ing operations, or in the arts, of such substances as are named in this act, shall be presumed (prima facie) to EXPLOSIVES. 53' be guilty of a reckless and malicious possession thereof, within the meaning of the foregoing section, if any such substance is found upon him, or in his possession, in any of the places or under any of the circumstances specified in the preceding section. Sec. 7. No person may knowingly keep or have in his or her possession any dynamite, vigorite, nitro-glycerine, giant powder, hereules powder, or other high explosive, except in the regular course of business carried on by such person, either as a manufacturer thereof, or merchant deal- ing in the same, or for use in legitimate blasting opera- tions, or in the arts, or while engaged in transporting the same for others, or as the agent or employee of others engaged in the course of such business or operations. Any other possession of any such explosive substances as are named in this act is unlawful; and the person so unlaw- fully possessing it shall be punished by imprisonment in the state prison not exceeding five years, or by fine not exceeding five thousand dollars, or by both such fine and imprisonment. Sec. 8. Any person who maliciously deposits or explodes, or who attempts to explode, at, in, under, or near any building, vessel, or boat, railroad, tramroad, or cable road, or any train, or car, or any depot, stable, carhouse, theater, school-house, church, dwelling-house, or other place where human beings usually inhabit, assemble, frequent, or pass and repass, any dynamite, nitro-glycerine, vigorite, giant or hereules powder, gunpowder, or other chemical compound, or other explosive, with the intent to injure or destroy such building, vessel, boat, or other structure, or with the intent to injure, intimidate, or terrify any human being, or by means of which any human being is injured or en- dangered, is guilty of a felony, and on conviction thereof, shall be punished by imprisonment in the state prison not less than one year. Sec. 9. Any person, firm, or corporation, who shall take, carry, or transport, or cause to be taken, carried, or trans- 598 APPENDIX. ported, any dynamite, vigorite, nitro-glycerine, herculea or giant powder, or other high explosive, into the limits of, or through, or across any incorporated city or town of this state, or into, through or across any harbor for shipping, in any manner, condition, or quantity, or other- wise, in violation of the laws or ordinances of such city or town, or of the laws or regulations governing such har- bor, shall, in addition to the penalties provided or imposed by such laws, ordinances, or regulations, forfeit to the state of California all such explosive substances, as well as the cases inclosing the same. Such forfeiture may be sued for by any citizen of the state, for himself and the state; and the goods or property, when so forfeited and recovered by judgment of the court, shall be sold, and the proceeds divided, the citizen so suing taking one-half to himself for his own benefit, and paying the other half into the state treasury. Such action may be maintained "in any court of competent jurisdiction; provided, that the state shall never be liable to any cost or expense for any such suit or proceeding. Sec. 10. Any of the forfeitures provided for in this act may be taken advantage of, and sued for, and recov- ered, by any peace officer or policeman, member of the police force of any city, city and county, or town where the same arises, for his own benefit, notwithstanding any law, ordinance, or rule, to the contrary. Sec. 11. This act shall take effect and be in force from and after its passage. FENCES AND TNCLOSUEES. An act to prevent persons passing through inclosures and leaving them open, and tearing down fences to make passage through inclosures. [Approved March 16, 1872. Stats. 1871-2, 384.] Section 1. Any person passing through an inclosure of another and leaving the same open, is guilty of a misde- FENCES AND INCLOSURES. 6a» meaner, and punishable by a fine not less than twenty dol- lars nor more than fifty dollars. Sec. 2. Any person willfully or maliciously tearing down fences to make a passage through an inclosure, is guilty of a misdemeanor, and punishable by a fine not less than fifty dollars nor more than five hundred dollars. Sec. 3. All fines collected under the provisions of this act shall be paid into the county school fund of the county where the offense is committed. See. 4. This act shall take effect immediately. (See next act.) An act to prevent the leaving open of inclosures, and hunt-. ing on inclosed lands. [Approved March 23, 1876. Stats. 1875-6, 408; and Stats. 1877-8, 49; 1877-8, 776.] Section 1. Every person who shall open any gate, bars, or fence of another, for the purpose of passing through, and shall willfully leave the same open, without the per- mission of the owner, is guilty of a misdemeanor. Sec. 2. Every person who willfully opens, tears down, or otherwise destroys any fence on the inclosed land of another, is guilty of a misdemeanor. Sec. 3. Every person who willfully enters upon the in- closed land of another for the purpose of hunting, or who discharges firearms, or lights camp-fires thereon without first having obtained permission of the owner or occupant of said land, is guilty of a misdemeanor. Sec. 4. Every person who willfully, carelessly, or negli- gently, while hunting or camping upon the inclosed land of another, kills, maims, or wounds an animal, the property of another, is guilty of a misdemeanor. Sec. 5. Every person who, upon departing from camp, willfully leaves the fire or fires burning or unextinguished, is guilty of a misdemeanor. Sec. 6. Every person found guilty of any of the mis- 20 600 APPENDIX. demeanors herein mentioned shall be fined not less than twenty, nor more than fifty dollars, and shall be imprisoned in the county jail until such fine be satisfied, not exceeding one day for every two dollars thereof. Sec. 7. All acts and parts of acts in conflict herewith are repealed; provided, however, nothing herein contained shall be construed as repealing section five hundred and ninety-four of the Penal Code. Sec. 8. Section three of this act shall not apply to the counties of Los Angeles, San Diego, Sutter, San Benito, Del Norte, El Dorado, Colusa, Yuba, Humboldt, Amador, Tuol- umne, Shasta, Plumas, Lassen, Siskiyou, Modoc, Trinity, Sierra, Placer and Santa Cruz. [Amendment approved March 30, 1878; Stats. 1877-8, 776.] This section was also amended by the Stats. 1877-8, 49. That amendment read as follows: Section three of this act shall not apply to the counties of Los Angeles, San Diego, Sutter, Del Norte, El Dorado, Colusa, Yuba, Hum- boldt, Amador, Tuolumne, San Luis Obispo, Plumas, Lassen, Siskiyou, Modoc, Shasta, Trinity, Sierra and Placer. FIEES. An act to prevent the destruction of forests by fire on pub- lic lands. [Approved February 13, 1872. Stats. 1871-2, 96.J Section 1. Any person or persons who shall willfully and deliberately set fire to any wooded country or forest be- longing to this state or the United States, within this state, or to any place from which fire shall be communicated to any such wooded country or forest, or who shall accidentally set fire to any such wooded country or forest, or to any place from which fire shall be communicated to any such wooded country or forest, and shall not extinguish the same, or use every effort to that end, or who shall build any fire, for lawful purpose or otherwise, in or near any such wooded FIRES— FISH. 601 country, or forest, and througli carelessness or neglect shall permit said fire to extend to and burn through such wooded country or forest, shall be deemed guilty of a misdemeanor, and on conviction before a court of competent jurisdiction, shall be punishable by fine not exceeding one thousand dol- lars, or imprisonment not exceeding one year, or by both such fine and imprisonment; provided, that nothing herein contained shall apply to any person who in good faiti shall set a back fire to prevent the extension of a fire already burning. All fines collected under this act shall be paid into the county treasury for the benefit of the common school fund of the county in which they are collected. An act to prevent destruction by fire of property of con- tiguous owners. [Approved March 31, 1891. Stats. 1891, p. 473.] Section 1. Every person who starts a fire in hay, grain, stubble, or grass, without first carefully providing, by plow- ing or otherwise, for the keeping of said fire within and upon the premises upon which it is started or set out, and by reason of the non-providing of such barrier any property of an adjoining or contiguous resident or owner is injured, damaged, or destroyed, is guilty of a misde- meanor. Sec. 2. This act shall take effect and be in force from and after its passage. PISH. An act to authorize the board of fish commissioners of this state to purchase the land on which the state fish hatch- eries at Sisson are now situated, and appropriating money therefor. [Approved March 31, 1891. Stats. 1891, p. 258.] Section 1. The board of fish commissioners of this state are hereby authorized and empowered to purchase, out of the fund for the support and maintenance of the state 602 APPENDIX. hatcheries, the land on which the state fish hacheries at Sisson are now situated, at a sum not to exceed five hun- dred dollars. Sec. 2. The sum of five hundred dollars is hereby ap- propriated out of any moneys in the state treasury not other- wise appropriated, for the purpose mentioned in the pre- ceding section. Sec. 3. This act shall take effect from and after its passage. An act concerning the payment of the expenses and costs of the trial of persons charged with the violation of the laws for the preservation of fish in the navigable waters of this state. [Approved February 28, 1887; 1887, 5. Amended 1903, 20.] The title of this act was amended by Stats, of 1903, p. 20, so as to read as follows: An act providing for the payment of the costs and ex- penses of all trials and proceedings against any person charged with the violation of the laws of this state for the preservation, protection, or restoration of fish. The original act of 1887 was entirely amended in 1903, as follows: Section 1. The costs and expenses of all trials and pro- ceedings which shall hereafter be had in any county of this state against any person charged with having violated any of the provisions of any law of this state for the pres- ervation, protection, or restoration of fish, shall be borne* and paid by the state. [Amendment, 1903, 20.] Sec. 2. Any claim against the state for the cost and ex- penses named in this act shall be presented to the state board of fish commissioners, duly verified, and after ap- proval and allowance by said board, shall be acted upon by the state board of examiners, and paid out of the fish commission fund. [Amendment, 1903, 20.] Sec. 4. All acts and parts of acts in conflict with this act are hereby repealed. [Amendment, 1903, 20.] Sec. 5. This act shall take effect immediately. [Amend- ment, 1903, 20.] An act relating to fishing in the waters of this state. [Approved and in effect April 23, 1880. Stats. 1880, p. 123, Ban. ed. 388.] Section 1. All aliens incapable of becoming electors of this state are hereby prohibited from fishing, or taking any fish, lobster, shrimps, or shell fish of any kind, for the purpose of selling, or giving to another person to sell, Every violation of the provisions of this act shall be a mis- demeanor, punishable upon conviction by a fine of not less than twenty-five dollars, or by imprisonment in the county jail for a period of not less than thirty days. This act was held unconstitutional: In re Ah Chong, 5 Pac. C. L. J. 451. An act to provide for the construction, maintenance and regulation of fishways in streams naturally frequented by salmon, shad, and other migratory fish. [Approved April 16, 1880; Stats. 1880, 121; Ban. ed. 387.] Section 1. 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 or streams in this state, naturally frequented by salmon, shad, or pther mi- gratory fish, and if, in their opinion, there is not free passage for fish over or around any dam or artificial ob- struction, to notify the owners or occupants thereof to provide the same within a specified time with a durable and efficient fishway of such form and capacity and in such location as shall be determined by the fish commis- sioners, or person authorized k,y them. If such fishway is not completed to the satisfaction of said commissioners within the time specified, the owners or occupants of such 604 APPENDIX. dam or artificial obstruction shall be deemed guilty of a misdemeanor, and may be prosecuted by action on com- plaint before any justice's court or justice of the peace in the county where such dam or artificial obstruction is situated, and, on conviction, shall be fined two hundred and fifty dollars and the plaintiff shall' recover full costs j and one-half of such fine shall be for the benefit of and shall be paid to the person making the complaint, and the other half shall be paid into the state treasury for the benefit of the fund for "preservation and restoration of fish," and may be expended by the state board of fish com- missioners, in their discretion, for the construction and maintenance of fishways. Sec. 2. It shall be incumbent upon the owners or oc- cupants 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, and open, and free from obstructions to the passage of fish at all times; and any owners or occupants of any such dam or artificial obstruction who neglect or refuse to keep such fishway in repair, and open, and free from obstruction to the passage of fish, shall be guilty of a misdemeanor, and subject to the same fine, and which shall be recovered in the same manner, and applied to the same purposes, as provided in section one of this act. Sec. 3. Any person who shall willfully or knowingly destroy, injure or obstruct any such fishway, or any per- son who shall at any 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 provided and kept open, or shall take or catch any such fish in any manner, within fifty feet of such fish way, shall be guilty of a mis- demeanor, and subject to the same fine, and which shall be recovered in the same manner and applied to the same purposes as provided in section one of this act. An act to prevent the catching of fish by seines, nets, or weirs, in the San Antonio Creek in the county of Alameda. [Approved March 20, 1876; 1875-6, 362.] Use of seines and nets unlawful. Section 1. It shall not be lawful for any person to catch fish in the waters of the San Antonio Creek, in the county of Alameda, by the use of seines, nets, or weirs. Penalty for violation. Sec. 2. Any person violating the provisions of this act shall be subject to a penalty of not less than fifty, nor more than one hundred dollars for each offense, or imprison-, ment in the county jail of the county of Alameda for a term of not less than thirty nor more than sixty days, which penalty may be enforced by any police judge or justice of the peace of said county. Sec. 3. This act shall take effect and be in force from and after its passage. An act to prohibit the destruction of fish in Alameda County. [Approved March 28, 1878; 1877-8, 598.] Catching fish in Lake Chabot. Section 1. It shall not be lawful for any person to catch, take, or destroy any fish of any kind in the body of water known as Lake Chabot, in the San Leandro Creek, in Alameda County, belonging to the Contra Costa Water Company, without permission of the owner or owners thereof. Catching fish in San Leandro Creek. Sec. 2. It shall not be lawful to take, kill, or destroy any brook or speckled trout, salmon, or salmon trout, or any other species of fish in San Leandro Creek and its branches or tributaries, or in any of the streams or water- courses of said county, between the first day of October of each year and the first day of April of the following year. C06 APPENDIX. Misdemeanor. Sec. 3. Any person violating the provisions of this act shall be guilty of a misdemeanor. Sec. 4. This act shall take effect and be in force from and after its passage. An act to prevent the destruction of fish in Kings Eiver. [Approved March 28, 1878. Stats. 1877-8, 601.] Passage of fish through ditches prevented, how. Section 1. The proprietors of all water-ditches and flumes drawing their supply from the waters of Kings Eiver shall place and keep in good repair at the heads of their respective ditches or flumes through which all the water from the river entering the ditch or flume shall pass, strips of wood or other material, the meshes between which shall not exceed one inch in width, for the pre- vention of the passage of fish from the river into the flumes or ditches. Any person taking water from Kings Eiver in violation of the provisions of this act is guilty of a misdemeanor. An act for the preservation of fish in the waters of Lake Bigler. [Approved March 30, 1878. Stats. 1877-8, 746.] Catching fish, except by hook and line, in Lake Bigler. Section 1. It shall not be lawful for any person or per- sons to catch or kill any fish in the waters of Lake Bigler, or in any stream leading into or from said Lake Bigler, with any seine, gill-net, spear, wire fence, basket, trap- set net, or dam, or any poisonous, deleterious, or stupe- fying drug, or explosive compound, or any other implement or appliance, except by means of a hook and line. Penalty. Sec. 2. Any person or persons who shall violate any provision of this act shall be deemed guilty of a misde- meanor, and upon conviction thereof before any justice of the peace, in Placer County, El Dorado County, oi FISH— FLAG— GAME LAWS. 607 Nevada County, shall be punished by a fine of not less than one hundred dollars nor more than five hundred, or by imprisoninent in the county jail not less than thirty days nor more than four months, or by both such fine and im- prisonment, in the discretion of the court, for each and every offense, besides the cost of prosecution. Fines, how paid. Sec. 3. The district attorney, or his deputy, of El Dorado County, or of Placer County, or of Nevada County, which- ever the informer may notify as within the district attor- ney's jurisdiction, shall prosecute such suits, and upon con- viction all fines, damages, and penalties that may be awarded or collected under this act shall be paid one-half to the district attorney and one-half to the informer, share and share alike; and it is hereby made the duty of the district attorney, or his appointed deputy of the counties of Placer, El Dorado, and Nevada, to prosecute all cases arising under this act. Sec. 4. All acts, and provisions of any act or parts of acts conflicting with this act, are hereby repealed. Sec. 5. This act shall take effect and be in force from and after its passage. FLAG. [Act to prohibit desecration of: Stats. 1899, p. 46.] GAME LAWS. Fish: See ante, title Fish. Act to prevent hunting on inclosed lands: See ante, title Fences. An act for the protection of game in Nevada County. [Approved February 6, 1874; 1873r4, 80.] The code commissioners say of this act: "Probably modi- fied and repealed by Penal Code, sees. 626c, 626f, 626h, and 626i." 608 APPENDIX. An act to prevent the destruction of deer on Monte Diablo, in Contra Costa County. [Approved March 28, 1878; 1877-8, 599.] Hunting or killing deed at Monte Diablo — Misdemeanor. Section 1. Every person who shall hunt, pursue, kill, or destroy any male or female deer or fawn within three miles of the summit of Monte Diablo, in Contra Costa County, for the period of four years from the date of the passage of this act, is guilty of a misdemeanor. Sec. 2. This act shall take effect immediately. An act to prevent the capture and destruction of blue cranes in this state. [Approved March 16, 1899. Stats. 1889, 205.] Section 1. Any person or persons who shall willfully and knowingly shoot, wound, trap, snare, or in any other manner catch or capture any blue crane in the state of California, or shall knowingly take, injure, or destroy the nest of any white or blue crane, or shall take, injure, or destroy any blue crane's eggs, in the nest or otherwise, in said state, shall be deemed guilty of a misdemeanor, and upon conviction thereof, before any justice of the peace of the township in which the offense shall have been com- mitted, shall be fined in a sum not less than fifty dollars nor exceeding one hundred dollars, and cost of the action for each offense, or may be imprisoned not less than fifty days nor more than one hundred days, or by such fine and imprisonment as the judgment of the court may direct. Sec. 2. Of all fines collected under the provisions of this act one-half shall be paid to the informer or informers, and one-half shall be paid into the county treasury for the ben- efit of the common school fund. See. 3. This act shall take effect and be in force from and after its passage. GAME LAWS. «0a An act to protect sea-gulls in the neighborhood of Santa Monica. [Approved March 15, 1876; 1875-6, 287.] Misdemeanor. Section 1. Every person who willfully kills or destroys any of that species of sea birds known as gulls, within five miles of the town of Santa Monica, in Los Angeles County, is guilty of a misdemeanor. Sec. 2. This act shall take effect and be in force from and after its passage. An act to prevent the capture and destruction of mocking-- birds in this state. [In effect February 14, 1872. Stats. 1871-2, 102.] Section 1. Any person or persons who shall willfully and knowingly shoot, wound, trap, snare, or in any other manner catch or capture any mocking-bird in the state of California, or shall knowingly take, injure, or destroy the nest of any mocking-bird, or shall take, injure, or destroy any mock- ing bird's eggs, in the nest or otherwise, in said state, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any justice of the peace of the township in which the offense shall have been committed, shall be fined in a sum not less than five dollars nor exceeding ten dollars, and cost of the action for each offense, or may be imprisoned not less than five days nor more than ten days, or by both such fine and imprisonment, as the judgment of the court may direct. Sec. 2. All fines collected under the provisions of this act shall be paid into the county treasury for the benefit of the common school fund. Pen. Code— 39 610 APPENDIX. GAS. An act to regulate tlie use of illuminating gas. [Approved March 20, 1903. Stats. 1903, 289.] The people of the state of California, represented in sen- ate and assembly, do enact as follows: Section 1. Every hotel-keeper, lodging-house keeper, and inn-keeper, or keeper of any place where rooms are let to lodgers in which, or any of which such places illumin- ating gas is used, who shall turn oflP, or cause to be turned off at the meter the flow of such illuminating gas, during the time of the use of any such room or rooms, shall be guilty of a misdemeanor; provided, however, that this act shall not apply to any of the persons herein enumerated, when such person or persons shall have connected every exit orifice upon the gas fixtures used in such place or places with a practical and safe automatic gas igniter. Sec. 2. This act shall take effect and be in force imme- diately from and after its passage. GOVEENOE. An act imposing certain duties upon the governor of the State. Section 1. The governor shall offer a standing reward of three hundred dollars ($300) for the arrest of each per- son engaged in the robbery of, or in an 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 within this state; the reward to be paid to the person or persons making the arrest, immediately upon the conviction of the person or persons so arrested; but no reward shall be paid except after such conviction. [In effect April 3, 1876; Stats. 1875-6, p. 855.] GRAND ARMY— GROWING TREES. 611 GEAND AKMY. An act entitled an act to prevent persons from unlawfully using or wearing the badge of the Grand Army of the Eepublic of this state. [Approved March 10, 1887. Stats. 1887, 82.] Section 1. Any person who shall willfully wear the badge of the Grand Army of the Eepublic, or who shall use or wear the same to obtain aid or assistance thereby within this state, unless he shall be entitled to use or wear the same under the rules and regulations of the Department of California, Grand Army of the Eepublic, shall be guilty of misdemeanor, and upon conviction shall be punished by im-' prisonment for a term not to exceed thirty (30) days in the county jail, or a fine not to exceed twenty (20) dollars, or by both such fine or imprisonment. Sec. 2. This act shall take effect and be in force from and after the date of its passage. GEOWING TEEES. An act to protect the groves of big trees in the counties of Fresno, Tulare, and Kern. [Approved March 13, 1874. Stats. 1873-4, 347.] Misdemeanor. Section 1. Any person or persons who shall willfully cut down or strip of its bark, any tree ' ' over sixteen feet in diameter," in the grove of big trees situated in the coun- ties of Fresno, Tulare, or Kern, or shall destroy any of said trees, by fire, shall be guilty of a misdemeanor, and shall, on conviction thereof before any justice of the peace in said counties, be fined not less than ($50) fifty dollars nor more than ($300) three hundred dollars, or imprison- ment in the county jail not less than (25) twenty-five days 612 APPENDIX. nor more than (150) one hundred and fifty days, or both fine and imprisonment, as the court may determine. Disposition of fines. Sec. 2. Upon the arrest and conviction of any person or persons guilty of any of the acts before mentioned, the party informing shall be entitled to one-half of the fines collected. Sec. 3. This act shall take effect and be in force from and after its passage. HOUSE OF COEEECTION. An act to provide for the commitment of persons convicted of crime to the house of correction. [Approved March 9, 1885; 1885, 34.] The code commissioners say this act was superseded by Stats. 1889, 111, ch. 108; Stats. 1889, 100, ch. 103. An act in relation to the house of correction of the city and county of San Francisco. [Stats. 1877-8, 953; repealed 1893, 5.] INFANCY. Act to prevent sale of liquors to minors: See post, title Intoxicating Liquors. An act for the incorporation of societies for the prevention of cruelty to children. [Approved April 3, 1876. Stats. 1875-6, 830.] Section 1. Any five or more persons of full age, a ma- jority of whom shall be citizens and residents within the state, who shall desire to associate themselves together for the purpose of preventing cruelty to children, may make, sign, and acknowledge, before any person authorized to take acknowledgments of deeds of this state, and file in the office of the secretary of state, and also in the office of the clerk of the county in which the business of the so- ciety is to be conducted, a certificate in writing, in which shall be stated the name or title by which said society shall be known in law, the particular business and objects of such society, the number of trustees, directors, or managers, to manage the same, and the names of the trustees, di- rectors, or managers of the society for the first year of its existence; but such certificate shall not be filed unless the written consent and approbation of the district judge of the district in which the place of business or principal office of such society shall be located, be indorsed on such certifi- cate. Sec. 2. Upon filing the certificate as aforesaid, the per- sons who shall have signed and acknowledged such certifi- cate, and their associates and successors, shall thereupon, by virtue of this act, be a body politic and corporate by its name .stated in such certificate, and as such shall have power: First — To have perpetual succession by its corporate name. Second — To sue and be sued, complain and defend, in any court of law or equity. Third — To make and use a common seal, which may be affixed by making an impression directly in the paper, and alter the same at pleasure. Fourth — To appoint such officers, managers, and agents, as the business of the corporation may require. Fifth — To make by-laws, not inconsistent with the laws of this state or of the United States, for the management of its property and the regulation ot its affairs. Sixth — To contract and be contracted with. Seventh — To take and hold \>y gift, purchase, grant, de- vise, or bequest, any property, real or personal, and the same to dispose of at pleasure. But such a corporation shall not, in its corporate capacity, hold real estate the 614 APPENDIX. yearly income derived from which shall exceed the sum of fifty thousand dollars. Eighth — To exercise any corporate powers necessary for the exercise of the powers above enumerated and given. Sec. 3. Any society so incorporated may prefer a com- plaint before any court or magistrate having jurisdiction, for the violation of any law relating to or affecting chil- dren, and may aid in bringing the fact before such court or magistrate in any proceeding taken. Sec. 4. All magistrates, constables, sheriffs and officers of police shall, as occasion may require, aid tie society so incorporated, its officers, members, and agents, in the en- forcement of all laws which now are or may htreafter be enacted relating to or affecting children. Sec. 5. The provisions of this act shall not extend or apply to any association or individuals who shall, in the certificate filed as hereinabove provided, use or specify a name or style the same, or substantially the same, as that of any previously existing incorporated society in this state. Fines to be paid to society: See next act, sec. 5. An act relating to children. [Approved March 30, 1878. Stats. 1877-8, 813.] Persons selling or apprenticing children for immoral pur- pose. Section 1. 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 shall exhibit, use, or employ, or who shall in any manner or under any pretense sell, apprentice, give away, let out, or otherwise dispose of any such child to any per- son, under any name, title or pretense in or for the voca- tion, occupation, service, or purpose of singing, playing on musical instruments, rope or wire walking, dancing, jing, or peddling, or as a gymnast, acrobat, contor- tionist, or rider, in any place whatsoever, or for or in any obscene, indecent, or immoral purpose, exhibition, or prac- tice whatsoever, or for or in any mendicant or wander- ing business whatsoever, or for or in any business, ex- hibition, or vocation injurious to health or dangerous to the life or limb of such child; or who shall cause, procure, or encourage any such child to engage therein — shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty nor more than two hundred and fifty dollars, or by imprisonment in the county jail for a term not exceeding six months, or by both such fine and imprisonment; provided, that nothing in this section contained shall apply to or affect ' the employment or use of any such child as a singer or musician in any church, school, or academy, or the teach- ing or learning of the science or practice of music; or the employment of any such child as a musician at any concert or other musical entertainment, on the written con- sent of the mayor of the city or president of the board of trustees of the town where such concert or entertainment shall take place. Offense, how punished. Sec. 2. Every person who shall take, receive, hire, em- ploy, use, exhibit, or have in custody any child under the age and for any of the purposes mentioned in the preced- ing section, shall be guilty of a like offense, and punished by a like punishment as therein provided. Court to commit child to asylum. Sec. 3. When, upon examination before any court or magistrate, it shall appear that any child, within the age previously mentioned in this act, was engaged or used for or in any business, or exhibition, or vocation, or purpose designated, and as mentioned in this act, and when upon the conviction of any person having the cus- tody of a child of a criminal assault upon it, the court or magistrate before whom such conviction is had shall deem it desirable for the welfare pf such child tb at the person 616 APPENDIX. SO convicted should be deprived of its custody thereafter, such court or magistrate may commit such ch'ild to any orphan asylum, society for the prevention of cruelty to children, charitable or other institution, or njake such other disposition thereof as now is or hereafter may be provided by law in cases of vagrant, truant, disorderly, pauper, or destitute children. Causing child to suffer — Penalty for. Sec. 4. Whoever shall willfully cause or permit any child to suffer or who shall inflict thereon unjustifiable physical pain or mental suffering, and whoever, having the care or custody of any child, shall willfully cause or per- mit the life or limb of such child to be endangered, or the health of such child to be injured, or any person who shall willfully cause or permit such child to be placed in such situation that its life or limb may be endangered, or its health shall be likely to be injured, shall be guilty of a misdemeanor. Fines, how appropriated. Sec. 5. All fines, penalties, and forfeitures imposed and collected in any county of this state, under the provisions of this and every act passed, or which may be passed, relating to or affecting children, in every case where' the prosecution was instituted or conducted by a society in- corporated pursuant to the provisions of chapter five hun- dred and forty-nine of the statutes of 1875-6, approved April third, eighteen hundred and seventy-six, being an act entitled "An act for the incorporation of societies for the prevention of cruelty to children," shall, except where otherwise provided, inure to such society in aid of the pur- poses for which it was incorporated. Sec. 6. This act shall take effect immediately. INFANCY. 617 An act for the protection of children, and to prevent and punish certain wrongs to children. [Approved March 30, 1878. Stats. 1877-8, 812.] Minor not to enter saloon — Penalty. Section 1. No minor, under the age of sixteen years, shall be admitted at any time to, or permitted to remain in, any saloon or place of entertainment where any spirit- uous liquors, or wines, or intoxicating or malt liquors are sold, exchanged, or given away, or at places of amuse- ment known as dance-houses and concert saloons, unless accompanied by parent or guardian. Any proprietor, keeper, or manager of any such place who shall admit such minor to, or permit him or her to remain in any such place, unless accompanied by parent or guardian, shall be guilty of a misdemeanor. Begging restrained — Penalty for violation. Sec. 2. Every person having the care, custody, or con- trol of any child under the age of sixteen years shall re- strain such child from begging, whether actually begging or under the pretext of peddling. Any person offending against this section shall be arrested and brought before a court or magistrate, and for the first offense shall be reprimanded, and for each subsequent offense shall be guilty of a misdemeanor. Penalty for begging. Sec. 3. Any child, apparently under the age of sixteen years, that comes within any of the following descriptions named: (a) That is found begging, or receiving or gathering alms (whether actually begging, or under the pretext of sell- ing or offering for sale anything), or being in any street, road, or public place for the purpose of so begging, gather- ing, or receiving alms. (b) That is found wandering and not having any house or settled place of abode, or proper guardianship, or visible means of subsistence. 61S • APPENDIX. (c) That is found destitute, either being an orphan, or having a vicious parent who is undergoing penal servitude or imprisonment. (d) That frequents the company of reputed thieves or prostitutes, or houses of prostitution or assignation, or dance-houses, concert-saloons, theaters, and varieties, or places specified in the first section of this act, without parent or guardian, shall be arrested and brought before a court or magistrate. — When, upon examination before a court or magistrate, it shall appear that any such child has been engaged in any of the aforesaid acts, or comes within any of the aforesaid descriptions, such court or magistrate, when it shall deem it expedient for the welfare of the child, may commit such child to an orphan asylum, society for the prevention of cruelty to children, charitable or other in- stitution, 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. Child not to be confined. Sec. 4. No child under restraint or conviction, appar- ently under the age of sixteen years, shall be placed in any prison or place of confinement, or in any courtroom, or in any vehicle for transportation to any place, in com- pany with adults charged with or convicted of crime, ex- cept in the presence of a proper official. Sec. 5. This act shall take effect immediately. INTEEPEETEES. An act to authorize the appointment of an interpreter of the Italian language and dialects, in criminal proceed- ings, in cities and cities and counties of one hundred thousand inhabitants. [Approved March 12, 1885. Stats. 1885, 108. Amended 1895, 37.] Section 1. In all cities and cities and counties of over one hundred thousand inhabitants, where an interpreter INTERPRETERS— INTOXICATING LIQUORS. 619 of the Italian language is necessary, it shall be the duty of the mayor and police judge of such city, or city and county, and of the judge of the superior court of said city and county, or of the county in which said city is situated, or where there are more judges than one, then it shall be the duty of the presiding judge of said superior court and the presiding judge of the police court and the mayor, to appoint an interpreter of the Italian language, who must be able to interpret the Italian language and dialects into the English language, to be employed in criminal proceed- ings when necessary in said cities, or cities and counties. [Amendment approved March 9, 1895; Stats. 1895, 37. In effect immediately.] Sec. 2. The said interpreter shall receive a salary of fif- teen hundred dollars per annum, which shall be paid out of the general fund of such city, or city and county. See. 3. This act shall not repeal any act heretofore made and now in force for the appointment of interpreters, except so much of any act which may conflict with this act in the appointment of Italian interpreters. This act is superseded as to San Francisco by chapter I of article V of the charter of that city. An act in relation to interpreters before grand juries. [Approved and in effect March 23, 1872. Stats. 1871-2, 540.] Section 1. The grand jury or district attorney may require by subpoena, the attendance of any person before the grand jury as interpreter, and the interpreter may be present at the examination of witnesses before the grand jury. INTOXICATING LIQUOES. An act to prevent the sale of intoxicating liquors to minor children. [Approved March 11, 1891. Stats. 1891, 91.] Section 1. Every person who sells or gives, or causes to be delivered, to any minor child, male or female, under 620 APPENDIX. 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 liquors are sold, for the purpose of gambling, playing cards, billiards, pool, or any game of chance, 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 three hundred dollars, and in default of payment of said fine shall be imprisoned in th'e county jail for a period of not less than one hundred days. Sec. 2. All acts in conflict with this act are hereby re- pealed. Sec. 3. This act shall take effect immediately upon its passage. See former act on this subject in Stats. 1871-2, 231. See later act on this subject as follows: An act to prevent the selling, giving or delivering intoxi- cating liquors to minor children, and to prevent minor children visiting saloons or public houses where intoxi- cating liquors are sold. [Approved March 20, 1903. Stats. 1903, 458.] The people of the state of California, represented in the senate and assembly, do enact as follows: Section 1. 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 liquors are sold, shall be guilty of a misdemeanor, and shall, upon convic- tion thereof, be punished by a fine of not more than three INTOXICATING LIQUORS. 621 hundred dollars, or by imprisonment in the county jail for a period not exceeding one hundred and fifty days, or by both such fine and imprisonment; provided, that this act shall not apply to the parents of such children or to guardians of their wards. Sec. 2. All acts in conflict with this act are hereby re- pealed. Sec. 3. This act shall take effect immediately upon its passage. An act to prevent the sale of intoxicating liquors to per- sons addicted to the inordinate use of intoxicating, liquors. [Approved March 19, 1889. Stats. 1889, 352.] Section 1. Any person who, after receiving notice that a person named in said notice is addicted to the inordinate use of intoxicating liquors, should the person named in said notice be so addicted, shall thereafter, within a period of twelve months, furnish to said person so addicted to the inordinate use of intoxicating liquors any spirituous liquors, wines, or intoxicating or malt liquors, shall be guilty of a misdemeanor, and punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding two hundred dollars, or by both such fine and imprisonment. Said notice shall be in writing, and may be given by any adult member of the family of said per- son so addicted to the inordinate use of intoxicating liquors, or by any adult relative of said person so addicted to the inordinate use of said intoxicating liquors. Sec. 2. The provisions of this act shall not prohibit any regularly licensed physician from furnishing cr prescrib- ing said liquors in case of sickness. Sec. 3. This act shall take effect from and after its pas- sage. * 622 APPENDIX. An act to prevent the sale of intoxicating liqnors in the immediate vicinity of soldiers' homes. [Approved March 26, 1895. Stats. 1895, 161.] Section 1. Every person who sells or gives away any ale, beer, wine, cider, or other intoxicating liquors, within one and one-half miles outside of the boundary line of the lands occupied by any home, retreat, or asylum for disabled volunteer soldiers, or soldiers and sailors, which has been or may hereafter be established by the govern- ment of the United States, within the state of California, is guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five dollars nor more than one hundred dollars, and in addition to such fine shall be imprisoned in the county jail thirty days; and upon the conviction of the owner or keeper thereof, the place wherein such intoxicating liquors shall have been sold or given away shall be, by order of the court wherein such conviction is made, within ten days thereafter, shut up and abated as a nuisance. And it is hereby made the duty of the district attorney of the county in which any such institution is or may be located to prosecute all offenders against the provisions of this act. Sec. 2. This act shall take- effect from and after its passage. An act to prevent the sale of intoxicating beverages on election days. [Approved and in effect March 7, 1874. Stats. 1873-4, 297.] Section 1. It shall not be lawful for any person or per- sons keeping a public house, saloon, or drinking place, either licensed or unlicensed, to sell, give away, or furnish spirituous or malt liquors, wine, or any other intoxicating beverages, on any part of any day set apart, or to be set apart, for any general or special election by the citizens in any election district or precinct in any of the counties of the state where an election is in progress, during the INTOXICATING LIQUORS— JUVENILE COURT. 623 hours when by law, in said district or precinct, the election polls are required to be kept open. Sec. 2. Any person or persons violating the provisions of this act shall be deemed guilty of a misdemeanor. An act to prohibit the sale of intoxicating liquors in the state Capitol building. [Approved and in effect April 16, 1880. Stats. 1880, 80, Ban. ed. 273.] Section 1. Any person or persons having in charge or control the state capitol building, and allowing the same, or any portion thereof, to be used for the sale or distri- bution in any manner, for profit, of any malt or spirituous liquors, shall be guilty of a misdemeanor, and shall, upon conviction, be punished by a fine of not less than one thou- sand dollars. An act to prohibit the sale of intoxicating liquors within two miles of the University of California. [Approved December 23, 1873; 1873-4, 12.] Superseded by Penal Code, sec. 172, as amended April 3, 1876. JUVENILE COUET. An act to amend an act entitled, "An act defining and providing for the control, protection and treatment of dependent and delinquent children; prescribing the pow- ers and duties of courts with respect thereto; providing for the appointment of probation officers, and prescrib- ing their duties and powers; 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 receiv- ing children under this act, and prescribing the duties of such boards; and providing when proceedings under this act shall be admissible in evidence." Approved February 26, 1903. [Approved March 22, 1905. Stats. 1905, p. 806.J 624 APPEISTDIX. Section 1. The title of said act is amended so as to read as follows: "An act defining and providing for the control, protection and treatment of dependent and delinquent chil- dren; defining such children; prescribing the powers and duties of courts in respect thereto; providing for the crea- tion and appointment of probation officers, and prescrib- ing their duties, powers, terms of office and compensation; providing for the commitment and confinement of such chil- dren; providing for the creation and appointment of boards, to be known as probation committees; to investigate the qualifications of organizations receiving children under this act; and prescribing the powers and duties of such boards, with respect to probation officers and otherwise, and pre- scribing the terms of office of the members of such boards; providing for the powers of courts and judges with respect to the appointment of probation officers and removal of same, and with respect to probation committees and mem- bers thereof; and providing when proceedings under this act shall be admissible in evidence. ' ' Sec. 2. Section 1 of said act is hereby amended so as to read as follows: Section 1. This act shall apply only to children under the age of sixteen years not now or hereafter inmates of a state institution. For the purposes of this act the words "dependent child" shall mean any child under the age of sixteen years who is found begging, or receiving or gath- ering alms (whether actually begging or under the pretext of selling or offering for sale anything), or being in any street, road, or public place for the purpose of so begging, gathering or receiving alms; or who is found wandering and not having any home or settled place of abode, or proper guardianship, or visible means of subsistence; or who is found destitute, or whose home, by reason of neglect, cruelty or depravity on the part of either of its parents or of its guardian, or other person in whose care it may be, is an unfit place for such child; or who frequents the company of reputed criminals or prostitutes, or who is found living or being in any house of prostitution or assignation, or who habitually visits, without parent or guardian, any saloon, or place where any spirituous liquors or wine, or intoxicating or malt liquors are sold, exchanged, or given away, or who is incorrigible, or who is a persistent truant from school. JUVENILE COURT. '325 The words "delinquent child" shall include any child under the age of sixteen years who violates any law of this state, or any ordinance of any town, city, county, or city and county of this state. Sec. 3. Section 2 of said act is hereby amended to read as follows: Section 2. In counties having more than one judge of a superior court, the judges of such court may from time to time designate one or more of their number whose duty it shall be to hear all cases coming under this act. In counties of the first class, such designation shall be made by the presiding judge. The orders and findings, if any, of the superior court, in all cases coming under the pro- visions of this act, shall be entered in a book to be kept for that purpose and known as the "Juvenile Eecord, " and the court acting under this act shall be called the "Ju- venile Court." In justices' courts having more than one justice of the peace, and in police courts having more than one judge, the justices of the peace and the judges of the police courts, from time to time may designate one of their respective number whose duty it shall be to hear all cases coming under this act. All cases coming under the provi- sions of this act shall be heard at a special separate session of the court, and no matter other than cases under this act shall be on the calendar, or shall be heard at such session, nor shall there be permitted to be present at such session any person on trial, or awaiting trial, or under ac- cusation of crime, who does not come under the provisions of this act. Sec. 4. Section .3 of said act is hereby amended to read as follows: Section 3. Any citizen of the state may file with the clerk of the superior court a petition showing that there is within the county, or residing within the county, a de- pendent child, and praying that the superior court deal with such child as provided in this act. Such petition shall be verified, and shall contain a statement of the facts consti- tuting such dependency as provided in section one of this act. There shall be no fee for filing said petition. Sec. 5. Section 4 of said act is hereby amended to read as follows: Section 4. Upon the filing of the petition, provided for Pen. Code— 40 626 APPENDIX. in section three hereof, a citation shall issue, requiring the person having custody or control of the child, or with whom the child may be, to appear with the child 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 child, if residing in the county in which the court sits, and if their places of residence be known to the petitioner, or if there be neither parent nor guardian so residing, or if their places of resi- dence be not known to petitioner, then some relative of the child, if there be any residing in said county, and if his residence and relationship to such child be known to petitioner, shall be notified of the proceedings by service of citation requiring them to appear at the time and place to be stated in such citation. In any case, the judge may appoint some suitable person to act in behalf of the child, and may order such further notice of the proceeding to be given as he may deem proper. If any person cited as herein provided, shall fail, without reasonable cause, to ap- pear and abide by the order of the court, or to bring the child, if so required in the citation, such failure shall con- stitute 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 obey the same, and in any case in which it shall be made to appear to the court that such citation will be ineffectual, a warrant of arrest may issue on the order of the court, either against the parent or guardian, or the person hav- ing the custody of the child, or with whom the child may be, or against the child itself, or any of said persons; or if there be no person to be served with citation as above provided, a warrant of arrest may be issued against the child immediately. 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 in a summary man- ner. Until the final disposition of any case, the child may be retained in the possession of the 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. Sec. 6. Section 5 of said act is hereby amended to read as follows: JUVENILE COURT. 627 Section 5. When any child under the age of sixteen years shall be found by said court or judge or justice to be de- pendent, within the meaning of this act, the court may make an order committing the child, for such time during its minority as the court may deem fit, to the care of some reputable citizen of good moral character, or to the care of some association, society or corporation willing to re- ceive it, embracing in its objects the purpose of caring for or obtaining homes for dependent or neglected children, or to the care of the probation officers or other person to re- main in the home of the child. The court may thereafter set aside, change or modify such order. Sec. 7. Section 6 of said act is hereby amended to read, as follows: Section 6. The judge of the superior court in and for each county or city and county of the state, or where there are more than one judge of said court, a majority of the judges thereof by an order entered in the minutes of such court, shall appoint seven discreet citizens of good moral character, and of either sex, to be known as probation com- mittee, and shall fill all vacancies occurring in such com- mittee. The clerk of said court shall immediately notify each person appointed on said committee and thereupon said persons shall appear before the judge of said juvenile court, if there be one, or otherwise before a judge of said superior court in said county and qualify by taking oath, to be entered in said juvenile record, if any, or in the minutes of said superior court, to faithfully perform the duties of a member of such probation committee. Sec. 8. Section 7 of said act is hereby amended to read as follows: Section 7. The members of such probation committees shall hold office for four years, and until their successors are appointed, 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 first appointed shall hold office to be determined by lot as soon after their appointment as may be. When any vacancy occurs in any probation com- mittee by expiration of the term of office of any member thereof, the successor shall be appointed to hold for the 62S APPENDIX. term of four years; when any vacancy occurs for any other reason, the appointee shall hold for the unexpired term of his predecessor. See. 9. Section 8 of said act is hereby amended to read as follows: Section 8. The members of the probation committee shall serve without compensation. Sec. 10. Section 9 of said act is hereby amended to read as follows: Section 9. The superior court or any judge thereof may at any time require said probation committee or a proba- tion officer to examine into the qualifications and manage- ment of any society, association or corporation, other than a state institution, applying to receive any child or children under this act, and to report to the court, provided that nothing in this section shall be construed as giving any probation committee or probation officer any power to enter any institution without the consent of such institution. It shall be the duty of each probation committee prior to December first in each year to prepare a report in writing on the qualifications- and management of all societies, as- sociations and corporations, except state institutions, ap- plying for or receiving any child under this act from the courts of their respective counties, and in said report said committee may make such suggestions or comments as to them may seem fit; said report to be filed in the office of the clerk of the court appointing such committee, for the information of the judges thereof. Sec. 11. Section 10 of said act is hereby amended to read as follows: Section 10. In counties of the first class there shall be one probation officer and not more than five deputy proba- tion officers; in counties of the second class, one probation officer and not more than one deputy probation officer; in all other counties there shall be one probation officer. In any county or city and county additional deputy pro- bation officers may be appointed and their appointment ap- proved or disapproved as hereinafter provided, from time to time when in the opinion of the court it may be neces- sary, provided that they serve without salary. See. 12. Section 11 of said act is hereby amended to read as follows: JUVENILE COURT. 629 Section 11. The salaries of the probation officers and deputy probation officers (except as herein otherwise pro- vided) shall be as follows, and shall be paid out of the county treasury of the county for which they are appointed, after being allowed and audited in the same manner as the salaries of other county officers: In counties of the second class the probation officer shall receive $125 per month, and the deputy probation officer seventy-five dollars per month. In all other counties, the probation officer and the deputy probation officers shall serve without compensation, provided, however, that the pro- bation officer and deputy probation officers in all the coun- ties of the state shall be allowed such necessary incidental expenses as may be authorized by a judge of the superior court; and the same shall be a charge upon the county in which the court appointing them has jurisdiction, and the said expenses shall be paid out of the county treasury upon a warrant therefor issued by the said court. Sec. 13. Section 12 of said act is hereby amended to read as follows: Section 12. The offices of probation officer and deputy probation officer are hereby created. The appointments of probation officers and deputy probation officers to serve hereunder in any county or city and county shall be made by the probation committee of said county or city and county from discreet citizens of good moral character. The appointments by each probation committee shall be made in writing, signed by a majority of the members of such committee, and filed with the county clerk of such county, and shall be subject to and shall take effect upon approval by the judge of the superior court appointing such com- mittee, or Ijy a majority of the judges thereof if there be more than one; such approval to be by order entered in the minutes of said court. The term of office of probation of- ficers and of deputy probation officers shall be two years froTu the date of the said approval of their several ap- pointments, such probation officers and deputy probation officers may at any time be removed by the judge approv- ing their appointment in his discretion. Sec. 14. Section 13 of said act is hereby amended to read as follows: Section 13. It shall be the duty of the clerk of any court before which a child is brought under the provisions 630 APPENDIX. of this act, or if there be no clerk, then it shall be the duty of the judge or justice of said court, before the hear- ing of said matter, to notify the probation officer of the county thereof; except in cases where the child is brought before the court by a society, association or corporation which embraces within its objects the care of dependent or delinquent children and which has in the last report thereon by the probation committee of such county been favorably passed upon. !See. 15. A new section is hereby added to said act to be designated section 14, and to read as follows: Section 14. The probation officer or deputy probation of- ficer detailed by him for that purpose, shall inquire into the child's antecedents, character, history, family environ- ment and cause of delinquency or dependency, and shall make his report in writing to the judge or justice in the case of every child to be dealt with under the provisions of this act as a dependent or delinquent child; but only when the judge so specially orders it in the case of a de- pendent child who is already in the charge of a society, association or corporation which embraces within its ob- jects the care of dependent children and which has in the last report thereon by the probation committee of such county been favorably passed upon. In the event that such a society, association or corporation shall be so in charge, it shall through its agent or superintendent make such report to the judge in place of the probation officer. It shall be the duty of said probation officer or said deputy probation officer or said agent or superintendent of such society, association or corporation to be present in court in order to represent the interests of the child when the case is heard, and to furnish to the court such informa- tion and assistance as it may require and to make the said report at such time, and to take such charge of the child before and after the hearing as may be ordered. The probation officer and each deputy probation officer shall have as to any child committed to the care of such probation officer, the powers of a police officer. At any time in his discretion sucn officer or deputy maj' bring such child before the court committing such child to his care, for such further or other action ag the court may see fit. JUVENILE COURT. 630a Any of the duties of the probation officer may be per- formed by a deputy probation officer, and shall be per- formed by him whenever detailed to perform the same by the probation officer; and it shall be the duty of the pro- bation officer to see that the deputy probation officer per- forms his duties. Sec. 16. A new section is hereby added to said act, to be designated as section 15, and to read as follows: Section 15. If any child is arrested and taken before a justice of the peace or police judge, then at any time be- fore the child is found delinquent and a commitment there- under issues, it may be detained under order of the court in any detention home provided for that purpose by any county or city and county; or it may be otherwise pro- vided for as the court sees fit in any manner provided here- in for the care of a child after the finding of its delin- quency. If, after a hearing, any child shall be found to be delinquent by such court, the justice of the peace or police judge may continue the further hearing from time to time, and may, at any time commit the child to the care and custody of a probation officer and may allow such to remain in the home pf such child, subject to the visitation of a probation officer, and such child shall report to the probation officer as often as may be required and be sub- ject to be returned to the court for further proceedings whenever such action may appear to be necessary or de- sirable. If the justice of the peace or police judge at any time deems it necessary or to the best interests of the child that he should be committed to a state reform school or to the care or custody of some association, society or cor- poration embracing in its objects the care of neglected, de- pendent, or delinquent children, or should be placed in a suitable family home, or that a guardian should be ap- pointed for such child, the justice of the peace or poller- judge shall certify the case with a transcript of the docket or other record to the clerk of th^ superior court of the county or city and county in which the justices' court or police court is held, and the officer having the child in charge shall take the child before the superior court, and thereupon the superior court may proceed to hear and dis- pose of the case in the same manner as if the child had been brought before the court on petition as herein pro- vided for dependent children. In such ease the court shall 21 630b APPENDIX. require notice to be given and investigation to be made as in other cases under this act, and may adjourn the hear- ing from time to time for that purpose. See. 17. A new section is hereby added to said act, to be designated as section 16, and to read as follows: Section 16. In the case of a child alleged to be delin- quent, within the meaning of this act, and brought before the superior court at any time before the child is found delinquent and a commitment thereunder issues, it may be detained under order of the court in any detention home provided for that purpose by any county or city and county; or it may be otherwise provided for as the court sees fit in any manner provided herein for the care ol a child after the finding of its delinquency. If the court find the child to be delinquent, said court may continue the hearing from time to time, and may at any time commit the child to the care or custody of the probation officer, and may allow such child to remain in the home of such child, subject to the visitation of a probation officer, and such child shall report to the probation officer as often as may be required, and be subject to be* returned to the court for further proceedings whenever such action may appear necessary or desirable, or the court may commit the child to the care or custody of the probation officer; to be placed in a suitable family home, subject to the supervision of such probation officer and the further order of the court, or it may authorize the probation officer to board out the child in some suitable family home in case provision is made by voluntary contribution, or otherwise, for the pay- ment of the board of such child, until a suitable provision may be made for the child in a home without sucli pay- ment; or the court may commit the child for such time during its minority, as the court may deem fit, to the care and ciistody of some association, society or corporation that will receive it, embracing within its objects the carl of dependent or delinquent children; or the court may commit such child to a state reform school, as is now, or may hereafter be provided by law in accordance with the pro- cedure provided by law for such commitment. Provided, further, that should the legislative body of the county, or JUVENILE COURT. 63UC city and county, or of a municipality, provide a suitable place for the detention of said dependent and delinquent children, which they are hereby authorized to do, such children may be committed thereto after the adjudication of dependency or delinquency for a definite period to be specified in such order. The court may thereafter set aside, change or modify such order, and may pi'ovide for a fur- ther detention in said place. Any order providing for the custody of a dependent or delinquent child may provide that the expense of maintenance of said child shall be paid by the parent or parents, or guardian, of said child, and in such case shall determine the amount so to be paid, and shall determine whether or not the parent or parents shall exercise any control over said child and the extent thereof; and any disobedience of such order or interference with the custody of the child as therein determined by a parent or guardian having notice of the proceedings or of the order shall constitute a contempt of court. The court may there- after set aside, change or modify any order herein pro- vided for. Sec. 18. A new section is hereby added to' said act, to be designated as section 17, and to read as follows: Section 17. No court or magistrate shall commit a child under twelve years of age to jail, prison or police station, but if such child is unable to give bail, it may be com- mitted to the care of the sheriff, police officer, constable or probation officer, who shall keep such child in some suitable place provided by the city, county, or city and county, out- side of the enclosure of any jail or police station. When any child shall be sentenced to confinement in any institu- tion to which adult convicts or prisoners are sentenced or where adults are confined, it shall be unlawful to confine such child in the same room or yard or enclosure with such adult convicts or prisoners, or to permit such child to come or remain within sight of or meet or come into or remain in the presence of any such adult convicts or prisoners. Sec. 19. A new section is hereby added to said act, to be designated as section 18, and to read as follows: Section 18. Nothing in this act shall be construed to repeal any portion of the act entitled "An act to establish a state reform school for juvenile offenders, and to make 630d APPENDIX. an appropriation therefor," approved March 11, 1889, or any of the amendments thereto, or the act entitled "An act to establish the California Home for the Care and Train- ing of Feeble-Minded Children, and provide for the main- tenance of the same," approved March 18, 1885, or any of the amendments thereto, or the act entitled "An act to establish a school of industry, and to provide for the mainte- nance and managemeiit of the same and to make an appro- priation therefor, ' ' approved March 11, 1889, or any of the amendments thereto; and in all commitments to said insti- tutions, the acts in reference to said institutions shall gov- ern the same. Sec. 20. A new section is hereby added to said act, to be designated as section 19, and to read as follows: Section 19. No record of or testimony concerning any proceedings against any child under this act shall be ad- missible as evidence against such child in any other court or proceeding, except in proceedings under this act, and except in guardianship or adoption proceedings relating to said child. Sec. 21. A new section is hereby added to this act, to be designated as section 20, and to read as follows: Section 20. This act shall be liberally constriied, to the end that its purpose may be carried out, to wit — that the care, custody and discipline of a child shall approximate as nearly as may be that which should be given by its parents, and in all cases where it can be properly done, the child be placed in an approved family, with people of the same religious belief, and become a member of the faiflily by legal adoption, or otherwise. In this act, words used in any gen- der shall include all other genders, and the word "county" shall include "city and county." Sec. 22. A new section is hereby added to this act, to be designated as section 21, and to read as follows: Section 21. All acts and parts of acts inconsistent with this act are hereby repealed, except as hereinabove jjro- vided in section 19. LARCENY. 631 LAECENY. An act to more fully define the crime of larceny. [Approved March 6, 1872. Stats. 1871-2, 282.] Section 1. Every person who shall convert any man- ner of real estate, of the value of fifty dollars and up- wards, into personal property, by severing the same from the realty of another, with felonious intent to and shall so steal, take, and carry away the same, shall be deemed guilty of grand larceny, and upon conviction thereof, shall, be punishable by imprisonment in the state prison for any term not less than one year nor more than fourteen years. Sec. 2. Every person who shall convert any manner of real estate, of the value of under fifty dollars, into per- sonal property, by severing the same from the realty of an- other, with felonious intent to and shall so steal, take, and carry away the same, shall be deemed guilty of petit larceny, and, upon conviction thereof, shall be punishable by imprisonment in the county jail for a period not more than one year, or by fine not exceeding one thousand dol- lars, or by both such fine and imprisonment. See Penal Code, sec. 495. An act supplementary to an act entitled "An act concern- ing crimes and punishments, ' ' passed April sixteenth, eighteen hundred and fifty. [Approved March 20, 1872. Stats. 1871-2, 435.] Section 1. Every person who shall feloniously, steal, take, and carry away, or attempt to take, steal, and carry from any mining claim, tunnel, sluice, undercurrent, riffle box, or sulphurate machine, any gold dust, amalgam, or quicksilver, the property of another, shall be deemed guilty of grand larceny, and upon conviction thereof, shall be punished by imprisonment in the state prison for any APPENDIX. term of not less than one year nor more than fourteen years. Eemains in force: See People v. Salvador, 71 Cal. 16. LODGING-HOUSES. An act concerning lodging-houses and sleeping apartments. [Approved April 3, 1876. Stats. 1875-6, 759.] Section I. Every person who owns, leases, lets, or hires, to any person or persons, any room or apartment in any building, house or other structure, within the limits of any incorporated city, or city and county, within the state of California, 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 per- son so occupying such room or apartment, shall be deemed guilty of a misdemeanor, and shall, upon conviction there- of, be punished by a fine of not less than fifty (50) dollars or more than five hundred (500) dollars, or by imprison- ment in the county jail, or by both such fine and imprison- ment. Sec. 2. Any person or persons found sleeping or lodg- ing, or who hires or uses for the purpose of sleeping in, or lodging in, any room or apartment, which contains less than five hundred (500) cubic feet of space in the clear, for each person so occupying such room or apartment, shall be deemed guilty of a misdemeanor, and shall, upon con- viction, be punished by a fine of not less than ten (10) or more than fifty (50) dollars, or by both such fine and im- prisonment. Sec. 3. It shall be the duty of the chief of police (or such other person to whom the police powers of a city are delegated) to detail a competent and qualified officer or officers of the regular force to examine into any violation of any of the provisions of this act, and to arrest any person guilty of any such violation. Sec. 4. The provisions of this ae shall not be construed LODGING HOUSES— MANUFACTURED GOODS. «33 to apply to hospitals, jails, prisons, insane asylums, or other public institutions. Sec. 5. All acts or parts of acts in conflict with the pro- visions of this act are hereby repealed. LUMBER MANUFACTUREES. An act to protect lumber manufacturers. [Approved and in effect February 9, 1876. Stats. 1875-6, 32.] Section 1. Every person who maliciously drives into, or places within any saw-log, shingle-bolt, or other wood, any iron, steel, or other substance sufficiently hard to injure saws, knowing that the said saw-log, shingle-bolt, or other wood, is intended by the owner thereof to be manufactured into any kind of lumber, is guilty of a felony, and shall be punished by imprisonment in the state prison not less than one nor more than five years. MANUFACTURED GOODS. An act to prevent fraud and imposition in the matter of stamping and labeling produce and manufactured goods. [Approved March 4, 1887. Stats. 1887, 17.J Penalty for falsely labeling produce and manufac'.v.rcd goods. Section 1. Any person, firm, or corporation, engaged in the production, manufacture, or sale of any article of merchandise made, or partly made, in this state, who or which shall by any imprint, label, trade-mark, tag, stamp, or other inscription or device, placed or impressed upon such article, or ujjon the cask, box, case, or package con- taining the same, misrepresent or falsely state the kind, character, or nature of the labor employed or used, or misrepresent or falsely state the extent of the labor em- 634 APPENDIX. ployed or used, or misrepresent or falsely state the number or kind of persons exclusively employed or used, or mis- represent or falsely state that a particular or distinctive class or character of laborers was wholly and exclusively used or employed when, in fact, another class, or char- acter, or distinction of laborers was used or employed, either jointly or in any wise supplementary to such exclusive class, character, or distinction of laborers, in the produc- tion or manufacture of the article to which such imprint, label, trade-mark, tag, stamp, or other inscription or de- vice is affixed, to which, or upon the cask, box, case, or package containing the same, such imprint, label, trade- mark, tag, stamp, or other inscription or device is affixed, or upon which it is impressed, is guilty of a misdemeanor, and on conviction thereof is punishable by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment in the county jail for not less than twenty days nor for more than ninety days, or by both such fine and imprisonment. Sec. 2. This act shall take effect from and after its passage. MASTER AND SERVANT. An act to protect the wages of labor and the salaries and fees of subordinate officers. [In effect April 1, 1872. Stats. 1871-2, 951.] Section 1. Every person who employs laborers upon the public works, and who takes, keeps, or receives any part or portion of the wages due to such laborers from the state or municipal corporation for which such work is done, is guilty of a felony. 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. MASTER AND SERVANT— OFFICERS. BSD An act to prevent misrepresentations of conditions of em- ployment, making it a misdemeanor to misrepresent the same and providing penalties therefor. [Approved March 20, 1903. Stats. 1903, 269.] The people of the state of California, represented in sen- ate and assembly, do enact as follows: Section 1. It shall be unlawful for any person, partner- ship, company, corporation, association, or organization of any kind, doing business in this state directly or through any agent or attorney, to induce, influence, persuade, or en- gage any person to change from one place to another in this state or to change from any place in any state, ter- - ritory, or country to ady place in this state, to work in any branch of labor, through or by means of knowingly false representations, whether spoken, written, or adver- tised in printed form, concerning the kind or character of such work, the compensation therefor, the sanitary con- ditions relating to or surrounding it, or the existence or non-existence of any strike, lockout, or other labor dis- pute affecting it and pending between the proposed em- ployer or employers and the persons then or last thereto- fore engaged in the performance of the labor for which the employee is sought. Sec. 2. Any violation of section one or section two hereof shall be deemed a misdemeanor, and shall be punished by a fine of not exceeding two thousand dollars or by im- prisonment for not more than one year, or by both such fine and imprisonment. Sec. 3. This act shall take effect on the date of its pas- sage. OFFICEES. Ketention of part of salary of deputy by ofiicer: See ante, title Master and Servant. An act in relation to the intoxication of officers. [In effect April 15, 1880. Stats. 1880, 77; Ban. ed. 265.] Section 1, Any officer of a town, village, city, county, or 636 APPENDIX. state, who shall be intoxicated while in discharge of the duties of his office, or by reason of intoxication is dis- qualified for the discharge of, or neglects his duties, shall be guilty of a misdemeanor, and on conviction of such mis- demeanor shall forfeit his office; and in such case the va- cancy occasioned thereby shall be filled in the same man- ner as if such, officer had filed his resignation in the proper office, and it had been accepted by the proper author- ity; provided, such acceptance shall have been necessary to make the office vacant. OLEOMAEGAEINE. An act to prevent the sale or disposition, as butter, of the substance known as "oleomargarine," or "oleomar- garine butter," and when "oleomargarine," or "oleo- margarine butter," is sold or disposed of, requiring notice thereof to be given. [Approved March 1, 1883. Stats. 1883, 20.] Compare the act to prevent deception in manufacture and sale of butter: See ante, p. 574. Every package must be branded. Section 1. Every person or corporation who shall man- ufacture for sale, or who shall offer or expose for sale, any article or substance in semblance of butter, not the legiti- mate product of the dairy, and not made exclusively of milk or cream, or into which the oil or fat of animals, not produced from milk, enters as a component part, or into which the oil or fat of animals, not produced from milk, has been introduced to take the place of cream, shall dis- tinctly stamp, brand, or mark in some conspicuous place upon every package of such article or substance the word "oleomargarine," in plain letters, not less than one-fourth of one inch square each; and in case of retail sale of such article or substance in parcels or otherwise, the seller shall, in all cases, deliver therewith to the purchaser a printed label, bearing the plainly printed word "oleomar- OLEOMARGARINE. 637 garine, " the said word to be printed with type each letter of which shall not be less than one-fourth of one inch square. Printed notice to be posted. Sec. 2. Every person dealing, whether by wholesale or retail, in the article or substance described in section one of this act, and every hotel or restaurant keeper, or board- ing-house keeper, in whose hotel, or restaurant, or board- ing-house such article or substance is used, shall continu- ously keep conspicuously posted up, in not less than three exposed positions in and about their respective places of business, a printed notice in the following words, viz.: "Oleomargarine sold here"; the said notice to be plainly, printed, with letters not less than two inches square each. And each and every hotel keeper and restaurant keeper, boarding-house keeper, or proprietor of other places where meals are furnished for pay, who may use in their respect- ive places of business any of the article or substance de- scribed in the first section of this act, shall, upon the fur- nishing of the same to his guests or customers, if inquiry is made, cause each and every guest or customer to be distinctly informed that the said article is not butter, the genuine production of the dairy, but is "oleomargarine." Penalty for violation. Sec. 3. Every person or director, trustee, officer, or agent of any corjwration who may violate any provision of this act shall be guilty of a misdemeanor, and upon convic- tion thereof shall be punished by a fine of not less than five dollars, nor more than five hundred dollars, or by im- prisonment for not more than three months, or by both such fine and imprisonment; and it shall be the duty of the court trying said offense to order the payment of one- half of the fine imposed to the person giving the informa- tion upon which the prosecution was based and the convic- tion had, and such fine may be collected by execution as in civil causes. 63S APPENDIX. Sec. 4. All acts or parts of acts in conflict with this act are hereby repealed. The former act on this point is as follows: An act to prevent the sale of oleomargarine under the name of and under pretense that said commodity is butter. [Approved March 26, 1878; 1877-8, 535.] The code commissioners say of this act: "Probably re- pealed by 1883, 20. If not, it is superseded by 1895, 41, ch. 38, and 1897, 65, ch. 75." OLIVE OIL. An act to regulate 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, 210.] Section 1. Section one of said act is hereby amended to read as follows: 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 sem- blance of olive oil extracted solely from the fruit of the olive tree, is hereby declared to be imitation olive oil. Sec. 2. Each person who manufactures imitation olive oil shall place upon every bottle, can, or other vessel con- taining such imitation oil, a label, with the words "imita- tion olive oil" printed thereon in capital letters, in a clear and durable manner, in the English language, in plain type, designated and known as twenty-four-point letter type (two-line pica), of a Gothic face; said label shall also state plainly the name and ddress of the manufacturer or compounder, the name and place where manufactured and put up, and also the names and actual percentages of the different ingredients contained in each bottle, can, or vessel. OLIVE OIL. O'iS See. 3. No person, by himself or another, shall know- ingly 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 carrier 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; pro- vided, that this act shall not apply to any goods in transit b('tween foreign countries and across the state of California. Sec. 4. No person shall knowingly have in his posses sion or under his control any imitation olive oil, unless the bottle, can, or vessel, or other package containing the same, be clearly marked as provided in section two of this act. 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 jmrchaser 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 con- tain, in plain type, designated and known as twenty-four- point letter type (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. See. 6. Eveiy person having possession or control of any imitation olive oil, which is not marked as required by the provisions of this act, shall be presumed to have known; during the time of such possession or control, that the same was imitation olive oil. ^ Sec. 7. No person shall expose for sale any oil bearing tlie semblance of olive oil, manufactured out of the state, and represent that it is manufactured in this state, nor 640 APPENDIX. shall offer for sale any such oil upon the receptacle of which is any cut, design, or mark intended to convey the belief that such is manufactured in this state. Sec. 8. Whoever shall violate any of the provisions or sections of this act shall be deemed guilty of a misde- meanor, and shall, ujion conviction thereof, be punished by a fine of not less than one hundred dollars nor more than five hundred 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. Sec. 9. It shall be the duty of the state board of horti- culture and the state analyst to enforce the provisions of this act. 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. The act repealed by this statute is as follows: An act to regulate the sale of olive oil. [Approved March 10, 1891. Stats. 1891, 46.] Section 1. Every manufacturer or dealer in olive oil shall place upon every bottle or can filled with olive oil, and exposed or offered for sale as such, a label stating clearly the name and address of the manufacturer or dealer, and the place of manufacture, and shall file with the state board of horticulture a copy of said label, accompanied by an affidavit that it is pure, and that this act has been complied with. Sec. 2. "Whoever adulterates olive oil, sells or keeps for sale oil not olive oil, and exposed or oft'ered for .sale as olive oil, within the state of California, is guilty of a misdemeanor^ and upon conviction thereof before any justice of the peace of any township of legal jurisdiction, shall be fined in a sum not less than fifty dollars, nor exceeding one hundred dollars, and cost of the action, for each of- OLIVE OIL— POISONS. 641 fense, or may be imprisoned not less than fifty days nor more than one hundred days, or by such fine and imprison ment as the judgment of the court may direct. Sec. 3. This act shall take effect and be in force from and after its passage. POISONS. See act relating to pharmacy, etc.: General Laws, title Pharmacy. An act to regulate the sale of certain poisonous substances. [Approved April 16, 1880. Stats. 1880, p. 102; Ban. ed. 341.]' Section 1. It shall be unlawful for any person to retail any of the substances poisonous, and by reason thereof dan- gerous to human life, without distinctly labeling the bottle, box, vessel, or package, and the wrapper or cover thereof in which such substance is contained, with the common or usual name thereof, together with the word "poison," and the name and place of business of the seller. Nor shall it be lawful for any person to retail any of the substances enumerated in either of said schedules to any person, unless, on true inquiry, it is found that the person receiving the same is aware of its poisonous character, and that it is to be used for a legitimate purpose. Sec. 2. It shall be unlawful for any person to retail any of the substances enumerated herein, unless, before delivering the same, such person shall make, or cause 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 quantity of the substance sold, the purpose for which it is stated by the purchaser to be required, and the name of the dispenser. The book required by this act shall be always open to inspection by the proper authorities. It shall also be the duty of the person dis- pensing any of the substances enumerated in either of said Pen. Code— 11 642 APPENDIX. schedules to 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 purpose may re- quire such person to be identified. Sec. 3. Any person who shall dispense any of the sub- stances enumerated in either of said schedules without com- plying with the regulations herein prescribed, shall, for every such offense, be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished oy 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; provided, that nothing in this act shall be so construed as to apply to the prescriptions of any physician authorized to practice medicine under the laws of this state. Sec. 4. This act shall take effect and be in force from and after June first, eighteen hundred and eighty. Schedule "A." Arsenic, corrosive sublimate, hj^drocyanic acid, cyanite of potassium, strychnia, essential oil of bitter almonds, opium, aconite, belladonna, conium, nux vomica, henbane, tansy, savin, ergot, cotton root, digitalis, chloroform, chloral hydrate, and all preparations, compounds, salts, extracts, or tinctures of such substances, except preparations of opium containing less than two grains to the fluid ounce. Schedule 'B." White precipitate, red precipitate, red and green iodides of mercury, colchicum, cantharides, oxalic acid, croton oil, sulphate of zinc, sugar of lead, carbolic acid, sulphuric acid, muriatic acid, nitric acid, phosphorous, and all prep- arations, -compounds, salts, extracts, or tinctures of such substances.. POLICE. An act to create a police relief, health, and life insurance and pension fund in the several counties, cities and counties, cities, and towns of the state. [Approved March 4, 1889; 1889, 56. Amended 1891, 278, 469; 1897, 52.] 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 treasurer 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 pro- vide 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 Com- missioners"; provided, however, that where there is in any county, city and county, city, or town, a board 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, 469.] Sec. 2. They shall organize as such board by choosing one of their number as chairman, ' and by appointing a 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 incorporated town, the condition of the police relief and pension fund, and the receipts and disbursements on ac- count 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.] 644 APPENDIX. Sec. 3. Whenever any person at the taking effect of this act, or thereafter shall have been 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 department of any such county, city and coiinty, 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 person after becoming sixty years of age be re- tired 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 retired shall thereafter, during his life- time, 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 March 2, 1897. Stats. 1897, p. 52, In effect immediately.] Sec. 4. Whenever any person, while 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 pension equal to one-half of the amount of salary attached to the rank which 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 upon such police relief or pension fund; provided, that whenever such disability shall cease such pension shall cease, and such person shall be 'restored to active service at the same salary he received at the time of his retire- ment. [Amendment approved March 2, 1897. Stats. 1897, p. 52. In effect immediately.] 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 certifi- cates of his disability, which certificates shall be sub- scribed and sworn to by said person, and by the county, city and county, city, or town physician (if there be one), and two regularly licensed practicing 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. Sec. 6. Whenever 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 which such" member held in said police department at the time of his death, shall be paid to such wivlow during her life, or if no widow, then to the child or chil- dren, 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 pen- sion from such fund. Sec. 7. Whenever 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. [Amend- ment approved March 31, 1891. Stats. 1891, p. 287. In effect immediately.] Sec. 8. Any person retired for disability under this act may be summoned before the board herein provided for at any time thereafter, and shall submit himself there- to for examination as to his fitness for duty, and shall abide the decision and order of such board with reference 646 APPENDIX. thereto; and all members of the police force who may be retired under the provisions of this act shall report to the chief of police of the county, city and county, city, or town where so retired, on the first Mondays of April, July, October, and January of each year; and in cases of great public emergency may be assigned to and shall per- form 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. See. 9. When 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 ex- cused 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 this act. Sec. 10. The board herein provided for shall hold quar- terly meetings on the first Mondays of April, July, Octo- ber, and January of each year, and upon the call of its president; it shall biennially select from its members a president and secretary; it shall issue warrants, signed by its president and secretary, to the persons entitled thereto of the amount of money ordered paid to such per- sons from such fund by said board, which warrant shall state for what purpose 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 meet- ing, send to the treasurer of the county, city and county, city, or town, and to the auditor of such county, city and county, city, or town,- a written or printed list of all per- sons entitled to payment from the fund herein provided for, stating the amount of such payments and for what granted. which list shall be certified to aud signed by the presi- dent 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." When such list has been entered by the auditor, he shall transmit the same to the board of supervisors, or other governing authority of such county, city and county, city, or town, which board of authority shall order the pay- ment of the amounts named therein out of "The police relief and pension fund. ' ' A majority of all the members of said board herein provided for shall constitute a quorum, and have power to transact business. Sec. 11. The board herein provided for shall, in addi- tion 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 president, or any member of said board, may a^'- minister 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 compensation 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. 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 annu- ally, and when the tax levy is made, into said fund, of the following moneys: — First — Not less than five nor more than ten per centum 648 APPENDIX. 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, biliiard-hall keepers, second-hand dealers, and junk stores. Sixth-^All moneys received from fines for carrying con- cealed weapons. 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 count}* 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. Sec. 13. Any police life and health insurance fund, or any fund provided by law, heretofore existing in any county, city and county, city, or town, for the relief of pen- sioning of police ofiicers, 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 person who has resigned or been dismissed from said police department shall be entitled to any relief from such fund; provided, that any j^erson, who, within one year prior to the passage of this act, has been dismissed from the police department for incompetency or inefficiency, and which in- competency or ineiRciency was caused solely by sickness or disability contracted or suffered while in service as a mem- ber thereof, and who has, prior to said dismissal, served for twelve or more years as such member, shall be entitled •to all the benefits of this act. 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 county, 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 re- maining 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 to its order. Payments provided for in this act shall be made quarterly, upon proper vouchers. Sec. 15. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 16. This act shall take effect from and after its passage. An act to provide for the compensation of the chief and captain of the police and police-officers in cities in the state of California containing not less than ten thousand and not exceeding twenty-five thousand in- habitants. [Approved March 23, 1893. Stats. 1893, p. 280.] This act was declared unconstitutional in Darcy v. Mayor of San Jose, 104 Cal. 642. 650 APPENDIX. An act to increase the police force of the various cities, and cities and counties, and towns of the state, and to provide for the appointment of such extra police- officers, and for the payment of their salaries. [Approved February 24, 1891. Stats. 1891, 10.] 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 fourth 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 su- pervisors; provided, that the police force in any city or city and county shall not exceed in the aggregate, at any ^;ime, 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 ex- ceed in the aggregate, at any time, one member for every one thousand inhabitants of said cities, according to the latest census of the United States; said additional police force to be appointed 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. 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. 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 department of the government of any city, or city and county, or town. Sec. 4. This act shall be In force and effect from and after its passage. An act authorizing and requiring boards or commissions having the management and control of said police force to grant the members thereof yearly vacations. [Approved March 10, 1891. Stats. 1891, p. 47.] Section 1. In every city or city and county of this statr- where there is a regularly organized paid police force, the board of supervisors, common council, commissions, or other body having the management and control of the same, are authorized and required once in every year to provide for granting each member thereof a leave of absence from active duty for a period of not less than ten nor mor.? than fifteen days. Leaves of absence so granted must be arranged by said board or commission so as not to inter- fere with the police protection of any such city or city and county, or to impair in any way the efficiency of the department; and leaves of absence granted in case of sick- ness or in consequence of wounds or injuries received while in the discharge of duty shall not be construed to be or ^ become a part of the leave of absence provided for by this act. No deduction must be made from the pay of any police-officer granted a leave of absence under provisions of this act. Sec. 2. This act shall take effect immediately. An act regulating the hours of service on regular duty by members 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, 51.] The people of the state of California, represented in senate and assembly, do enact as follows: 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 de- partment is maintained, patrol captains, lieutenants, 652 ■ APPENDIX. 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. Sec. 2. This act shall take effect immediately. An act to provide for the appointment of policemen, with the powers of peace officers, to serve upon the prem- ises, cars or boats of railroad and steamship com- panies. [Approved March 23, 1901. Stats. 1901, p. 666.] The people of the state of California, represented in senate and assembly, do enact as follows: 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 com- mission during his pleasure one or more persons designated by such company and to serve at the expense of such com- pany, as policeman or policemen, with the powers of peace officers, and who, after being duly sworn, may act as such policeman or policemen upon the premises, cars or boats of such company. The company designating such person or persons shall be responsible civilly for any abuse of his or their authority. 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. Sec. 3. This act shall take effect immediately. PEIZE FIGHTING. An act to prohibit prize fighting. [Approved March 9, 1893. Stats. 1893, p. 101.] Superseded by sec. -112, Penal Code. PROSTITUTION. 653 PEOSTITUTION. An act to prevent compulsory prostitution of women, and the importation of Chinese or Japanese women for im- moral purposes, and to provide penalties therefor. [Approved March 23, 1893. Stats. 1893, 217.] Section 1. Every person who, within this state, takes by inducement any female, against her will and without her consent, for the purpose of prostitution, is punishable by imprisonment in the state 's prison not exceeding five years and a fine not exceeding one thousand dollars. Sec. 2. Every person who takes any woman unlawfully, and "against her will, and by force, menace, or duress com- pels her to live with him in an illicit relation, against her consent, or to so live with any other person, is punishable by imprisonment in the state 's prison not less than two nor more than four years. Sec. 3. Every person bringing to or landing within this state any woman born in the empire of China or Japan, or the islands adjacent to the empire of China, with 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 whatsoever, is punishable by a fine not less than one nor more than five thousand dollars, or by imprisonment in the county jail not less than six nor more than twelve months. Sec. 4. Any person who shall sell or receive any money or other valuable thing for or on account of his placing in custody any female for the purpose of causing her to co- habit with any other male or persons to whom she is not married, shall be guilty of a misdemeanor. Sec. 5. Any person who shall purchase or pay any money or other valuable thing for any female for the purpose of prostitution, or for tlie purpose of placing her for immoral purposes in any house or place -against her will, shall be fined not less than one thousand dollars nor more than five thousand dollars, and by imprisonment in the county 654 APPENDIX. jail for a period not less than one year, nor more than five years. Sec. 6. Every person who shall sell any woman, or re- ceive any money or other valuable thing for or on account of his placing in custody for immoral purposes any woman, with or without her consent, is punishable by imprisonment in the state's prison not exceeding five years, and a fine not exceeding one thousand dollars. An act to prevent the placing or keeping or leaving of married women in houses of prostitution, and to punish persons therefor. [Approved March 31, 1891. Stats. 1891, p. 285.] Section 1. Any man who by force, fraud, intimidation, threats, persuasions, 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 connives at, consents to, or permits the placing or leaving of his wife in a house of prostitution, or allows or permits his wife to remain therein, shall be guilty of a felony, and upon conviction thereof shall be imprisoned in the state prison for not less than three years nor more than ten years. Sec. 2. In all prosecutions under this act, the wife shall be a competent witness against the husband. Sec. 3. This act shall take effect immediately. PUBLIC HEALTH. An act to protect public health from infection caused by exhumation and removal of the remains of deceased persons. [Approved April 1, 1878. Stats. 1877-8, 1050. Amended 1889, 139.] Section 1. It shall be unlawful to disinter or exhume from a grave, vault, or (^her burial place, the body or re- mains of any deceased person, unless the person or per- PUBLIC HEALTH. 655 sons SO doing shall first obtain, from the board of health, health-officer, mayor, or other head of the municipal gov- ernment of the city, town, or city and county where the same are deposited a permit for said purpose. Nor shall •such body or remains disinterred, exhumed, or taken from any grave, vault, or other place of burial or deposit, be re- moved or transported in or through the streets or high- ways of any city, town, or city and county, unless the per- son or persons removing or transporting such body or re- mains 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 re- move or transport such body or remains in and through such streets and highways. Sec. 2. Permits to disinter or exhume the bodies or remains of deceased persons, as in the last section, may be granted, provided the person applying therefor shall produce a certificate from the coroner, the physician who attended 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 further, that the body or remains of the deceased shall be inclosed in a metallic case or coffin, sealed in such manner as to prevent, 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 con- tained 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 tlierein. The officer of the municipal government of the city or town, or city and county, granting such permit, shall require to be paid for each permit the sfim of ten 656 APPEXDIX. 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 me- tallic cases, coffins, and inclosing boxes herein required; and an account of such moneys shall be embraced in the ac- counts and statements of the treasurer having the custody thereof. 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, without 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 imprisonment 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 ve- hicle, car, barge, boat, ship, steamship, steamboat, or ves- sel, for transportation in or from this state, unless the permit to transport the same is first received, and is re- tained in evidence by the owner, driver, agent, superin tendent, or master of the vehicle, car, or vessel. Sec. 4. Any person or persons who shall move or transport, 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 de- ceased person, which shall have been disinterred or ex- humed without a permit, as described in section two of this act, shall be guilty of a misdemeanor, and be punish- able as provided in section three of this act. Sec. 5. Any person who shall give informatiott 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 collected from fines imposed and accruing under this act. Sec. 6. Nothing in this act contained shall be taken to apply to ^he removal of the remains of deceased persons PUBLIC HEALTH— SCHOOL OF INDUSTRY. Bb7 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 muni- cipality of the state. [Amendment approved March 13, 1889. Stats. 1889, p. 139.] Sec. 7. This act shall take effect and be in force from the thirtieth day after its passage and approval. SCHOOL OF INDUSTRY. Act relating to commitments to school of industry: See post, title School of Reform. Act to prevent evil-disposed persons from coming on grounds of: See post, title School of Reform. An act to establish a school of industry, to provide for the maintenance and management of the same, and to make an appropriation therefor. [Approved March 11, 1889; 1889, 100. Amended 1893, 39.] Section 1. There shall be established at or within a convenient distance from lone City, in the county of Ama- dor, in said state, an educational institution to be designated as the Preston school of industry. Sec. 2. The sum of one hundred and sixty thousand dollars is hereby appropriated out of any moneys in the, state treasury not otherwise appropriated, for the purpose of purchasing and preparing grounds for the erection of buildings thereon, for the purchase of the necessary furni- ture, machinery and supplies, and for the payment of the current expenses of said school. 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 nj)pointcd by the governor. The members of said board Pen. Code— 42 658 APPENDIX. shall hold their offices for the respective terms of two, three and four years, from the first day of July, eighteen hun- dred and ninety-three, and until their successors shall be appointed and qualified, said respective terms to be desig- nated in their appointments; and thereafter, upon the ex- piration of such terms, there shall be one of said board ap- pointed, 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.] 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 pur- poses, and adapted to the cultivation of vines and fruit trees. The land so set apart by said purchase shall here- after be used exclusively for the occupancy and purposes of said school. It shall be indicated by fixed corners and definite boundaries. A description thereof, together with the deed therefor, shall "be filed with the secretary of state at his office within thirty days after the purchase of the same. See. 5. Thereafter the board shall cause to be prepared and shall adopt plans for the grounds, buildings, and fix- tures necessary for such an institution, of such form, di- mensions, 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 competent architect at a reasonable compensation. Sec. 6. No member of the board or employee of the in- stitution shall be interested in any contract or enterprise SCHOOL OF INDUSTRY. 659 in connection with said school. [Amendment approved Feb- ruary 27, 1893. Stats. 18^3, p. 39. In effect July 1, 1893.] Sec. 7. This act shall be construed as the sole and ex- clusive act on the subject-matter contained herein, un- less specially or otherwise herein provided; and none of the provisions of an act entitled "An act to regulate con- tracts on behalf of the state in relation to erections of buildings," approved March twenty-third, eighteen hun- dred and seventy-six, or any other act, unless herein spe- cially referred to, shall apply to or govern or limit this act, or any of the powers or duties in this act conferred upon said board. 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 associate with, or be so employed as to mingle with, any person or persons undergoing commitment in the said school. Sec. 9. The said school shall be conducted on such jilan as to the board may seem best calculated tc 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 circum- stances shall such inmates be clothed in convict stripes while undergoing commitment in said school. [Amend- ment approved February 27, 1893. Stats. 1893, p. 39. In effect July 1, 1893.] Sec. 10. The members of the board shall receive no compensation for their services, but shall be allowed tueir reasonable expenses incurred while in the discharge of their official duties. The superintendent shall receive a sal- ary, to be fixed by the board, not to exceed three thousand dollars per annum. The military instructor shall re- ceive a salary, to be fixed by the board, not to exceed twelve hundred dollars per annum. The secretary and 22 Ai^i'ijJiNJJi^'i.. commissary shall each receive a salary, to be fixed by the board, not to exceed fifteen hundred dollars per annum. The salary of no other officer or employee of the school shall exceed twelve hundred dollars per annum. The power of the board to fix the compensation of the officers and employees, as provided in section twelve of this act, shall be subject to these limitations. [Amendment approved Feb- ruary 27, 1893. Stats. 1893, p. 39. In effect July 1, 1893.] See. 11. The board shall elect a superintendent, a mili- tary inspector, and a secretary. The superintendent and secretary shall give such bonds for the faithful perform- ance of their duties as the board shall determine. The bond of the superintendent shall be for a sum of not less than ten thousand 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. He shall per- form such duties and receive such salary as the board , 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. Sec. 12. The board shall cause to be organized and maintained a department of instruction for the inmates of said school, with a course of study corresponding, as far as practicable, with the course of study in the public schools of this state, but the course shall not be higher than the course prescribed in grammar schools. They shall adopt a system of government, embracing 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 enforce- ment of discipline and military training, for the preserva- tion of health, and for the industrial training of the in- mates. The ultimate purpose of all such instruction, dis- SCHOOL, OF INDUSTRY. 6«1 cipline, and industries shall be to qualify the inmates for honorable and profitable employment after their release from the institution, rather than to make said institution self-sustaining. The board shall also determine the num- be'I' of officers and employees required, and shall prescribe their duties and fix the amount of their compensation. Sec. 13. The superintendent, before entering upon the discharge 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 regulations prescribed by the board, be invested with the custody of the londs, buildings, and all other prop- erty belonging to and under the control of the said insti- tution. He shall receive for his services a salary not ex- ceeding the sum of three thousand dollars per annum. He shall appoint, except as hereinbefore provided, all officers and employees of said institution, who shall hold office during his pleasure. He shall provide a book in which shall be registered the name, residence, occupation, and religious creed of every boy received into the school; the date of his reception, and the date and condition of his discharge; the names, residence, and occupation of his parents; whether the boy was apprenticed or not, and if so apprenticed, the name, residence, and occupation of the person to whom he was apprenticed. He shall have charge of all persons committed to the institution by any magistrate or court, shall use his best efforts to em- ploy, instruct, discipline, and reform all such persons under his charge, and shall discharge such other duties as the said board may direct, and shall at all times be subject to removal by the board for incapacity, immorality, negli- gence of duty, or cruelty to the inmates. Sec. 14. [Repealed February 27, 1893. Stats. 1893, p. 40. In effect July 1, 1893.] Sec. 15. When any boy under the ago of eighteen years shall be found guilty, by a magistrate or court of com- 662 APPENDIX. petent jurisdiction, of any offense punishable by fine or by imprisonment, or by both, and who, in the opinion of such magistrate or court, would be a fit subject for commitment to the said school, it shall be lawful for the magistrate or court to suspend judgment or sentence (except when fhe penalty is life imprisonment or death), and to commit such boy to the said school for a period not exceeding the time when he shall attain his twenty-first birthday, unless sooner discharged by law, or as in this act provided; but no boy who is under the age of eight years, or who is of unsound mind, shall be committed to the said school. The board shall have authority to make rules reducing, as the reward for good conduct, the time for which such person or persons have been committed. It shall be the duty of all courts and magistrates committing any boy to such school to certify to the superintendent thereof the age of the person so committed as nearly as can be ascer- tained by testimony taken under oath before such court or magistrate, or in such manner as the court or magistrate may direct. Sec. 16. Before any commitment, made by a police court, or b}' a justice of the peace, under this act, shall be executed, it shall be approved by a judge of the superior court of the county in which the police court or justice of the peace has jurisdiction, and his approval indorsed on the warrant of commitment. But if such sentence shall be disapproved, the police court or justice of the peace shall then impose the ordinary sentence prescribed by law. Sec. 17. It shall be lawful for the board, whenever it may deem any inmate of said institution to have been so far reformed as to justify his discharge, to give him an honorable dismissal, and to cause an entry of the reasons for such dismissal to be made in the book of records pre- pared for that purpose. All persons thus honorably dis- missed, and all those who shall have served the full term of their respective sentences, shall thereafter be released from all penalties and disabilities resulting from the of- SCHOOL OP INDUSTRY. 663 fenses or crimes for which they were committed. Upon the final discharge of any inmate as in this section provided, the superintendent shall immediately certify such discharge in writing, and shall transmit the certificate to the magis- trate or court by which such inmate or boy was com- mitted. Said magistrate or court shall thereupon dismiss the accusation and the action pending against said per- son. Sec. 18. The board shall have authority also to issue certificates of conditional dismissal and parole to any worth}^ boy confined in the institution, on the following conditions: It may bind such boy, by articles of inden- ture, to any suitable person, who will engage to educate him, and to instruct him in some useful art or trade, or it may return him to his parents, or it may place him under the care of any reputable person who is a citizen and a resident of this state, after such person, parent, guardian, or resident citizen shall have become bound to the said board, with good and sufficient sureties, condi- tioned on the proper custody, care, education, and moral and industrial training of the said paroled boy. The time of sucli conditional release shall be made subject to good behavior and continued reformation on the part of the person thus paroled. Any boy who violates his parole, or who becomes habitually disobedient and incorrigible, may be returned to the said school to serve the unexpired term of his sentence, or complaint of his guardian and the written requisition of the superintendent of the said school, and if received from cither of the state prisons may be returned to the same. Every paroled boy who properly observes and obeys tlic condition of his parole until the date of the expiration of his time of commitment shall be entitled to all the benefits a„J immunities in this act provided. Sec. 19. Any Ijoy wlio shall, during tlie time of his com- mitment, be found incorrigible, or who shall be an im- proper subject for detention in said school, may be- r«»- 064 APPENDIX. turned to the magistrate or court by which said boy was committed; and upon written complaint of the board, attested by the superintendent and filed with the original complaint, it shall be lawful for said court or magistrate to enter judgment and pass such sentence as would have been lawful at the time when the offender was first com- mitted to the said school, and if committed from either of the state prisons may be returned to the prison whence received to serve out his unexpired term. 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, maj', 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 s;jhool, as herein- before provided, shall be entitled to such benefits and im- munities as are provided for the other inmates of the institution, Sec. 21. Any person who knowingly permits or who aids any boy to escape from the said school, or who knowingly promotes his departure, or conceals him with the intent of enabling such escaped boy to elude pursuit, shall be guilty of a misdemeanor, and shall, upon conviction, be punished according to law. Any fugitive from said institution, or from the parties to whom he is bound out or apprenticed, may be arrested and returned to the institution by any person upon written request or order of the superintendent directed to such person. Sec. 22. The board of trustees are hereby authorized and required to contract for provisions, clothing, medicines, forage, fuel, and other staple supplies of the school for any period of time not exceeding one j^ear, and such con- tracts shall be limited to bona fide dealers in the several classes of articles contracted for. Contracts for such arti- SCHOOL OF INDUSTRY. 665 eles as the board may desire to contract for shall be given to the lowest 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 bid shall be ac- companied by such security as the board may require, con- ditioned 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 satis- faction, that he will faithfully perform his contract. If the proper officer reject any article 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. Notice of the time, place, and conditions of the letting of contracts shall be given for at least two consecutive weeks in one newspaper print- ed 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 are 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 proposals, and may so continue to renew the advertisement until satisfactory contracts are made; and in the mean time the board may contract with any one whose offer is re- garded just and equitable, 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 con- tract 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 arti- cles. The board shall have the power to reject the bid of any person who had a prior contract, and who had not in the option of the board faithfully complied therewith. [Amendment, approved February 27, 1893. Stats. 1893, p. 40; in effect July 1, 1893.] See. 23. When the premises are ready for occupancy, the board shall certify such fact to the governor, who shall make due proclamation thereof. Thereafter it shall be lawful for any competent magistrate or court to com- mit juvenile offenders to the institution, as herein provided. Sec. 24. The controller of state is hereby authorized and directed, on requisition of the said board, to draw his warrant on the state treasurer in favor of said board, to pay for the necessary expenditures in the establishment and maintenance of the said school, and the state treasurer is authorized to pay the same from the appropriations provided for in this act. Sec. 25. For the purpose of giving practical effect to the provisions of this act, all laws or parts of laws which con- flict 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. Sec. 26. In all proceedings relating to commitments under I his 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. Sec. 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 pro- mote the prosperity of the institution and the well-being SCHOOL OF INDUSTRY. 667 and reformation of its inmates, incliuliug the organization of trade schools, the pvirehase and use of fixed and mov- able machinery, the erection of necessary buildings for ma- chinery and other purposes, the improvement and man- agement of a farm, orchard, and garden, the purchase of necessary supplies for the institution, and materials for man- ufacture, and performance of all other necessary and lawful acts, not otherwise prohibited, which may be required to comply with the purposes 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 ap- propriations allowed by law for the establishment and main- tenance of said school. Sec. 28. This act shall take effect and be in force from and after its passage. The act of February 27, 1893 (Stats. 1893, p. 39), amend- ing the act creating the school of industry, in addition to the provisions incorporated in the above act, contained the following: Sec. 7. For the purpose of preventing any inconvenience arising from the transfer of the power of superintendence and government of said school from the state board of prison directors to said board of trustees, this act shall, after the first day of July, eighteen hundred and ninety- three, confer and devolve upon said board of trustees all the powers, duties, and responsibilities conferred or de- volved upon the state board of prison directors, by virtue of any act heretofore passed or that may be passed in re- lation to said school at the present session of the legisla- ture, and said board of trustees shall, so far as the gov- ernment and control of said school or any appropriation re- lating thereto is concerned, become and remain the suc- cessors of said state board of prison directors. Sec. 8. This act shall take effect and be in force from and after the first day of July, eighteen hundred and ninety- three. 66S APPENDIX. An act to appropriate money for the completion of the building of the Preston school of industry at lone, and for furnishing and equipping the same. [Approved March 3, 1893. Stats. 1893, p. 65.] The act appropriated $145,000 for the purposes men- tion e,d. An act to provide for the purchase of additional land for the Preston school of industry at lone. [Approved April 1, 1897. Stats. 1897, 422.] Section 1. The board of trustees of the Preston school of industry are hereby authorized to purchase from Mrs. Emma Rendell, for the state of California, that tract of land contiguous to the tract of land now used as the ranch of the Preston school of industry at lone. Said land to be purchased being described as follows: All that certain tract tract or parcel of land lying and being in lone VaUey, in the county of Amador, in the state of California, and known as the Oak Grove ranch, and bounded and described as fol- lows: Beginning at the northwest corner of the inclosure opposite the Oak Grove house on the road between lone City and the "Q" ranch, which corner is six chains and forty-six links from the north side of said road measured along the western fence of said inclosure, thence running across "Mule" Creek south seventy-five degrees and fifteen minutes east (true bearing) along the northern fence of said inclosure forty-four chains to corner of said fence, thence continuing the said course sixteen chains more, making in all sixty chains to stake marked seven, thence south four- teen degrees forty-five minutes west (true bearing), crossing two branches of the aforesaid road forty chains to a stake marked seven, thence north seventy-five degrees fifteen min- utes west (true bearing), descending the bluif on the south side of ' ' Mule ' ' Creek bottom, sixty chains to a stake at the southeast corner of an inclosure formerly occupied by A. E. SCHOOL OF INDUSTRY— SCHOOL OF REFORM. SW Phillips, thence north fourteen degrees forty-five minutes cast (true bearing) along the fence of said inclosure cross- ing "Mule" Creek, and the aforesaid road forty chains to the place of beginning, containing in all two hundred and forty acres, including the aforesaid road — variation of needle fifteen degrees forty seconds; provided, a good title, free and clear of incumbrance, can be obtained; and provided further, that the purchase price shall not exceed five thousand dol- lars, gold coin of the United States of America. Sec. 2. The sum of five thousand dollars, or such portion thereof as may be necessary, is hereby appropriated out of any money in the state treasury not otherwise appropriated, for the purchase mentioned -in the first section of this act; and the- controller is hereby authorized to draw his warrant for said amount, and the treasurer is hereby directed to pay the same. See. 3. This act shall take effect immediately. An act to provide for certain improvements at the Preston school of industry, lone, and to make an appropriation therefor. [Approved April 1, 1897. Stats. 1897, 577.] An act appropriating money for the maintenance and im- provement of the water system at the Preston school of industry, including the construction of a settling reservoir. [Approved March 25, 1901. Stats. 1901, 811.] The act appropriated $7,000 for the purpose specified. SCHOOL OF REFORM. An act to establish a state reform school for juvenile of- fenders, and to make an appropriation therefor, [Approved March 11, 1889; 1889, 111. In effect immediately. Amended 1893, 328; 1905, p. 80. By the statutes of 1893, p. 328, the title of this act was amended so as to read: "An act to establish a school for 670 APPENDIX. the discipline, education, employment, reformation and pro- tection of jiivenile delinquents in the state of California to be known as the 'The Whittier State School.' " The act itself is as follows: Section 1. There shall be established and maintained in this stat"", and located at Whittier, in the county of Los Angeles, an institution for the discipline, education, em- ployment, 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 pro- ceedings, and in all contracts, transfers, or other instru- ments in writing, the above name shall be deemed a suffi- cient designation of said institution. [Amendment ap- proved March 23, 1893. Stats. 1893, 328. In effect imme- diately.] 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 ap- pointed 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 siiccessors shall be appointed and qualified, said respective terms to be designated in their appointments; 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 ap- pointed and qualified. If a vacancy shall occur in said board by expiration of the term of any such trustee, or oth- erwise, when the senate is not in session, the governor shall fill such vacancy for the unexpired term, subject to the ap- proval 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. Sec. 3. The trustees of such institution shall be a body corporate and politic for certain purposes, namely: To SCHOOL OF REFORM. 671 receive, 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 organization, government, and discipline of all officers, em- ployees, and other inmates of said institution, with power 10 make contracts, to sue and be sued, plead and be im- jjleaded, to have and to use a common seal, and to alter the same at jjleasure, and to exercise all the powers usually be- longing to said corporations and necessary for the successful discharge 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 amount of appropriations which may at the time have been made for the purposes expressed in the contract or obligation, 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 security for any money or upon any trust, the terms of which authorize such con- veyance; 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. Sec. 4. The said board of trustees are hereby empow- ered 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 days after their appointment and qualification, 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 hundred and sixty acres, giving preference, other things being equal, to a location central and easy iirz APPENDIX. of access j-rom 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 records of the county re- corder of said Los Angeles- County, and said deed deposited in the office of the secretary of state. [Amendment, ap- proved March 23, 1893. Stats. 1893, p. 328. In effect im- mediately.] Sec. 5. The said board of trustees shall prepare and adopt plans for the grounds, buildings, and fixtures neces- sary and proper for such an institution, not in their judg- ment to exceed in cost the amount of money hereinafter ap- propriated, but if practicable, of such description that other buildings can be added to or enlarged without injury to their symmetry or usefulness; and may let or make all necessary contracts, with the approval of the governor, for the con- struction of such buildings and fixtures, and the improve- ment of the grounds, according to such plans. Said board of trustees shall use all practicable diligence in the com- mencement and completion of said buildings and fixtures, and the improvement of the grounds, according to such plans. Sec. 6. No trustee or employee of such institution shall be personally, directly, or indirectly interested in any con- tract, purchase, or sale made, or any business carried on, in behalf of or for said institution. All contracts, purchases, or sales made in violation of this section shall be held and declared null and void, and all moneys paid to such trustee, employee, or any other person for hia benefit, in whole or in part, in consideration of such purchases, contracts, or sales made, may be recovered back by civil suit, to be instituted in the name of the state of California, against such trustee, employee, or person acting in his behalf; and in addition it is hereby made the duty of the governor and the board of trustees, as the case may be, upon proof satisfactory of the fact of such interest, to immediately remove the trustee or SCHOOL, OF REFORM. 673 employee delinquent as aforesaid, and to report the facts to the attorney-general, who shall take such legal steps in the premises as he shall deem expedient. Sec. 7. The board shall make all needful rules and regu- lations concerning their meetings and the modes of trans- acting their business; shall take charge of said institution to see that its affairs are properly conducted, that strict discipline is maintained, and the suitable employment and education are provided for its inmates. They are authorized to make contracts for the purchase of furniture, apparatus, tools, stock, provisions, and everything necessary to equip the institution for the purposes herein specified, and to maintain and operate the same; provided, said board shall incur no expense nor contract any any debt beyond appro- priations made or donations given for the said school; and then only in such manner as may be prescribed by the act of appropriation or the instrument of donation. [Amend- ment approved March 23, 1893. Stats. 1893, p. 329. In ef- fect immediately.] Sec. 8. The board shall annually elect from their own number a president and a vice-president, whose term of ofQ.ce shall be for one year, and until their successors shall be duly appointed and qiialified. They shall also elect a treas- urer, not one of their own number, whose term of office shall be for two years and until his successor shall be duly elected and qualified; who shall be at all times subject to removal by the board for good cause. [Amendment, approved March 23, 1893. Stats. 1893, p. 329. In effect immediately.] See. 9. The board shall appoint a superintendent of said school, not of their own number, whose salary shall be fixed by said board, not to exceed three thousand six hundred dollars per annum, and shall also appoint such other officers and such assistants as the wants of the institu- tion may from time to time require, and shall prescribe their duties and fix their salaries, as may be reasonable. Pen. Code— 43 674 APPENDIX. [Amendment, approved March 23, 1893. Stats. 1893, p. 329. In effect immediately.] Sec. 10. Said board of trustees shall, on or before the first day of December, every two years, make to the gov- ernor a full and detailed report of their doings as such trus- tees, and of the expense of said institution, with such other information relating thereto as they may think interesting or useful to the statej which report shall be communicated by the governor to the next succeeding session of the state legislature. Said trustees shall receive no salary for their services as such from the state, but shall be allowed all nec- essary expenses incurred in the discharge of their duties. Sec. 11. The board of trustees shall have a regular meet- ing once every three months, at such time and place as they may direct; special meetings may be called by the presi- dent of said board in all cases where it becomes necessary for such a meeting. Sec. 12. The superintendent, before entering upon the duties of his office, shall take an oath faithfully to dis- charge the same, and execute a bond, with sureties to be approved by the board, in a sum to be fixed by the board, conditioned for the faithful performance of all his duties as such superintendent. He shall be a resident at the insti- tution, and shall be ex-offieio the secretary of the board, taking charge of all books and papers. He shall have charge of the land, buildings, furniture, apparatus, tools, stock, pro- visions, and every other species of property belonging to the institution, subject to the direction and control of said board, and shall account to the board in such manner as they may require for all property intrusted to him, and all moneys re- ceived by him, from whatever source, shall be deposited with the treasurer. His books shall at all times be open to the in- spection of the board, who shall at least once in every three months carefully examine the same, and all accounts, vouch- ers, documents connected therewith, and make a report of the result of such examination in a book provided for the pur- SCHOOL OP REFORM. 6f5 pose. He shall have charge of the inmates of said institu- tion; he shall discipline, govern, instruct, employ, and use his best efforts to reform the children and youth under his care, and shall at all times be subject to removal by the board for incapacity, cruelty, negligence, immorality, or any other good cause. « Sec. 13. The treasurer, before entering upon the duties of his office, shall take an oath faithfully to discharge the same, and shall execute a bond to the people of California, with sureties, to be approved by said board, in at least double the sum of money for which he may be responsible as treasurer, conditioned for the faithful performance of all his duties as such treasurer; he shall take charge of all the funds of the institution, receiving the same and disbursing them on the written order of the superintendei|t, and shall account to the board, in such a manner as they may require, for all funds intrusted to him, from whatever source. His books shall at all times be open to the inspection of the board and superintendent, who shall at least once in every six months carefully examine the same, and all the accounts, vouchers, and documents connected therewith, and make a report of the result of such examinations. Such treasurer must be a citizen of Los Angeles County, and shall receive for his services a salary of six hundred dollars per annum. Sec. 14. Said board of trustees shall arrange the build- ing or buildings to be used for said school, and the grounds about the same, so that a portion thereof may be used for the proper confinement, care, and education of the male inmates, and the remaining portion for the proper confine- ment, care, and education of the female inmates, and to the absolute exclusion of all communication of any kind or char- acter between the sexes. [Amendment, approved March 23, 1893. Stats. 1893, p. 329. In effect immediately.] Sec. 15. Whenever said institution shall have been so far comijleted as to properly admit of the reception of inmates therein, the governor shall make due proclama- G76 APPENDIX. tion of that fact; and thereafter it shall be lawful for said board of trustees to receive into its care and guardianship minors between the ages of eight and eighteen years com- mitted to its custody, as hereinafter provided. [Amend- ment, approved March 23, 1893. Stats. 1893, p. 329. In ef- fe';t injmediately.] Sec. 16. When any boy between the ages of seven and sixteen or any girl between the ages of seven and eighteen years shall be found guilty by a superior court of any county in the state, and who in the opinion of such court would be a fit subject for commitment to the said school, it shall be lawful for the said court to suspend judgment or sentence (except when the penalty is life imprisonment or death), and to commit such minor to the said school until any such male minor shall have reached the age of sixteen years and any such female minor shall have reached the age of twenty- one years unless sooner discharged by law or as in this act provided; but no minor who is under the age of seven years or who is suffering from any contagious, infectious or other disease which would probably endanger the lives or health of the other inmates of said school, shall be committed to said school; and further provided that no such minor shall be committed to said school unless the judge of such court shall be fully satisfied that the mental and physical condi- tion and qualifications of said minor are such as to render it probable that such minor will be benefited by the reformatory and educational discipline of said school. The board of trustees of said school shall have authoritj- to make rules reducing, as the reward for good conduct, the time for which such person or persons have been committed. It shall be the duty of all courts committing any minor to such school to certify to the superintendent thereof the age of the person so committed, as nearly as can be ascertained bj' testimony taken under oath before such court or in such manner as the court may direct. [Am'd. 1905, p. 80.] Sec. 16a. Any child between seven and fourteen years of age, who willfully and habitually absents himself or herself from school contrary to the provisions of an act entitled an act to enforce the educational rights of children and pro- SCHOOL OF REFORM. B77 viding penalties for violation of the act, approved March 24, 1903, may be committed to the Whittier State School by any siiperior court judge on the complaint of any peace officer, teacher, parent, guardian or other person, under the same conditions and in the same manner as provided in section sixteen of this act. [New section, 1990, p. 81.] Sec. 16b. Any child who conies under the provisions of an act entitled an act defining and providing for the control, protection and treatment of dependent and delinquent chil- dren; prescribing the powers and duties of courts with re- spect thereto; providing for the appointment of probation of- ficers, and prescribing their duties and powers; 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 childrtu 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. [Am'd. 1905, p. 81.] Sec. 16c. It shall be lawful for the board, whenever it may deem any inmate of said institution to have been so far reformed as to justify his discharge, to give him an honor- able dismissal, and to cause an entry of the reasons for such dismissal to be made in the book of records prepared for that purpose. All persons thus honorably dismissed, and all those who shall have served the full term of their respective sentences, shall thereafter be released from all penalties and disabilities resulting from the offense or crime for which they may have been committed. Upon the final discharge of any inmate, as in this section provided, the superintendent, where any sentence or judgment was pre- viously suspended, as mentioned in section sixteen of this act, shall immediately certify such discharge, in writing, and shall transmit the said certificate to the court by which such person was committed, and said court shall thereupon dismiss the accusation, and the action pending against said person. [Am'd. 1905, p. 82.] Sec. 16d. The board shall have authority also to issue certificates of conditional dismissal and parole lo any worthy 678 APPEXDIX. minor confined in the institution, on the following condi- tions: It may bind such minor by articles of indenture to any suitable person who will engage to educate him, and to instruct him in some useful art or trade, or it may return him to his parents, or it may place him under the care of any reputable person who is a citizen and a resident of this state, after such person, parent, guardian or resident citizen shall have become bound to the said board, with good and sufficient sureties, conditioned on the proper custody, care, education, and moral and industrial training of the said pa- roled minor. The time of such conditional release shall be made subject to good behavior and continued reformation on the part of the person thus paroled. Any minor who violates his parole, or who becomes habitually disobedient and incorrigible, may be returned to the said school to serve the unexpired term of his sentence, on complaint of his guardian and the written requisition of the superintendent of said school. Every paroled minor who properly observes and obeys the condition of his parole until the date of the expiration of his term of commitment shall be entitled to all the benefits and immunities in this act provided. If at any time it shall be determined by the board of trustees of said school, to its satisfaction, that any minor who may have been committed to the care or guardianship of any third person, as in this section previously provided, is not being properly treated or cared for, according to the terms and conditions under which such minor was intrusted to said third person, then by a resolution of the said board entered upon its minutes, and upon the requisition of the superintendent of said institution issued thereon, the said m.inor may be recalled to said school, and he or she shall be released from all obligations to such third person. And in such case the said board shall have the right to maintain all necessary actions or proceedings against the said third per- son and his bondsmen to recover the penalty in whatever bonds may be given bj- reason of the failure of said third person to perform the conditions under which said minor was intrusted to his care; and in the event of minors who niay have been bound out by the said board of trustees by articles of indenture, the said board shall institute and maintain all proper actions and proceedings to cancel and Sec. 16e. Any male member who shall, during the time of annul said articles of indenture. [Stats. 1905, p. 82.J SCHOOL OF REFORM. 679 his commitment, be found incorrigible, who shall be in the judgment of the board of trustees of said school determined to be an improj^er person for detention in said school, may be returned to the court from which such minor was com- mitted, and upon written complaint of the said board, at- tested by the superintendent of said school, and tiled with the original complaint, it shall be the duty of said court to commit said male niin6r to the Preston School of Industry for such judgment and sentence as would have been lawful at the time when the said minor was first committed to the said school. [Am'd. 1905, p. 82.] Sec. 17. If any accusation of the commission of any crime shall be made against any male minor under the age of sixteen years or any female minor under the age of eighteen years before any grand jury and the charge appears to be supported by evidence sufficient to put the accused upon trial, the grand jury may, in their discretion, instead of finding an indictment against the accused, return to the superior court, as it appears to them that the accused is a suitable person to be committed to the court and guardian- ship of said institution. The court may thereupon order such commitment, if satisfied from the evidence that such commitment ought to be made, which examination may be waived by the parent or guardian of such minor. [Am 'd. 1905, p. 82.] Sec. 18. If any male minor between the ages of seven and sixteen or any female minor between the ages of seven and eighteen shall be arraigned for trial in any court having competent jurisdiction, on charge of any violation of any criminal law of this state (except for tjie commission of a capital offense or attempt to commit a capital offense), the judge may, in his discretion, with the consent of the accused, arrest at any stage of the cause any further proceedings on the part of the prosecution and commit the accused to the care and guardianship of this institution. [Am'd. 1905, p. 82.] See. 19. All male minors between the ages of seven and sixteen, and all female minors between the ages of seven and eighteen who may be accused of any offense punishable by imprisonment, shall, with a view to the question whether they ought to be committed to said institution, be entitled to a private examination and trial before a court having competent jurisdiction, to which only the parties to the case and the parent or guardian of the accused and their 680 APPENDIX. attorneys shall be admitted, unless one of the parents, the guardian or other legal i-epresentative of the minor demand a public trial; on such case the proceedings shall be in the usual manner. [Am'd. 1905. p. 82.] The amendatory act of March 7, 1905, contains the fol- lowing section: Sec. 10. Within sixty days after the passage of this act and its approval by the governor it shall be the duty of the board of trustees of the Whittier State School to cause all male inmates of said school who are over sixteen years of age to be committed to the Preston School of Industry. [Statute March 7, 1905, statute 1905, p. 83.] Sec. 20. It shall also be lawful for the said board of trustees, under such rules as they may prescribe, to re- ceive into the care and guardianship of said institution, whenever it may be convenient so to do, minors between the ages of eight and eighteen years, committed to custody in any of the following modes: 1. Minors committed by any judge of a superior court of this state, on the complaint in writing, filed and due proof thereof made by the parent or guardian of such minor, showing that by reason of the incorrigible and vicious conduct or nature of such minor he is beyond the control and power of such parent or guardian, and that from a regard for the future welfare of such minor and the protection of society it appears that such minor should be placed in the care of such institution. 2. Minors committed by any judge of the superior court of this state where complaint in writing has been filed and due proof of the iame has been made showing that such minor is a proper subject for the care and guardianship of such institution in consequence of vagrancy or of in- corrigible or vicious conduct, in cases where, from moral depravity or otherwise, the parent or guardian having the control of such minor is incapable of exercising or is un- willing to exercise the proper care or discipline over such minor, or in cases where such minor has no parent, guardian, or other protector. 3. Minors committed by any judge of the superior court of this state where complaint in writing has been filed and due proof of the same has been made by the mother or guardian, when the father is dead, or has abandoned his SCHOOL OP REFORM. 681 family, or is an habitual rlrunkard, or does not provide for the support of such minor, and it appears that such minor is destitute of a suitable home and of adequate means of obtaining an honest living, or is in danger of being brought up to lead an idle and immoral life, and where such mother or guardian is unable to provide the proper support and care for such minor. [Amendment, approved March 23, 1893. Stats. 1893, p. 332. In effect immediately.] Sec. 21. Before conveying minors to said institution, the person or persons having charge of said minors shall ascertain from the superintendent whether they can be re- ceived; if they cannot, then the case of such minors shall be disposed of as if this act had never been passed and no proceedings taken under it. [Amendments, approved March 23, 1893. Stats. 1893, p. 333. In effect immediately.] Sec. 22. In all cases where the commitment is executed by the official person, whose proceedings are usually evi- denced by the record, or where the occasion of the com- mitment is a criminal charge or conviction against the in- fant, no other record shall be made (unless demanded by the infant, his parent, or guardian) than that, in substance, such infant (naming him), who on a day therein named was of the age of years, having been brought before said court or officer, and it having been ascertained by the testimony of the witnesses that such infant was a suitable person to be committed to the instruction and discipline of such institution, and in case of conviction for crime (naming the offense), therefore such infant was or- dered to be committed to said institution. Sec. 23. Upon the discharge of any person committed to said school, the superintendent thereof, under such regu- lations and restrictions as the said board of trustees may prescribe, may 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 which he or she may have been com- mitted, at his or her option. [Amendment, approved March 23, 1893. Stats. 1893, p. 333. In effect immediately.] Sec. 24. Said board of trustees shall, with the approval of the governor, estimate and determine, aa near as may 6S2 APPENBIX. be, the actual expenses per month of keeping and taking care of each minor committed to said institution, not in- cluding the use of grounds and buildings, and shall include a statement of such estimated price in each biennial report to the governor. When any minor is committed to said institution at the instance of his or her parent or guar- dian, or other protector, the cost of keeping said minor, including the cost of transporting to and from the institu- tion, shall be wholly paid by such parent or guardian; unless, by reason of the poverty of such parent or guar- dian or other good cause, said board of trustees shall otherwise order and direct; in such case, such expenses, including the cost of transportation, shall be borne one- half by the county from which such minor is committed, and the remaining one-half shall be borne by the state; and in every ease where a minor who has no parent, guardian, or other protector, who is able to pay the cost of transportation to and cost of maintenance at said school, is committed thereto, such cost of transportation and maintenance of such minor shall be borne, one-half by the state and the other half by the county from which said minor is committed. The expense which any county may be liable to pay on account of any minor committed to said institution under the provisions of this act shall be paid by the board of supervisors into the state treasury on a certified and detailed statement as to the amount due therefor from such county being furnished to the auditor of the county by said superintendent; but in no case shall the amount charged to any county for the keeping of any minor exceed one-half of the estimated cost to the state of his or her support, exclusive of the use of the per- manent property of the institution. All moneys paid by such counties under the provisions of this section into the state treasury shall be lAaced in a fund, to be desig- nated and known as the "Whittier Eeform School fund," for the use of said institution; provided, however, that no order shall be made by said board of trustees charging SCHOOL OF REFORM. 683 any county with one-half of the cost of keeping in the institution any infant coremitted at the instance of his or her parent or guardian, or other protector, unless a cer- tificate in writing is first produced, signed by the presi- dent of the board of supervisors of such county, setting forth that the case is one in which the expense should be charged to the state and county, and also setting forth the reasons for their being so charged. [Amendment, approved March 23, 1893. Stats. 1893, 333. In effect immediately.] Sec. 25. Immediately after the governor shall make proclamation that said institution is ready for the recep- tion of inmates, the board of trustees shall make the es- timated actual expense per month of keeping and taking care of the infants, as required under section twenty-four, which estimate shall control in such matters until the first biennial report of said board is made. Sec. 26. If any person procure the escape of any person 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 imprisonment; 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. [Amendment, approved March 23, 1893. Stats. 1893, 334. In effect immediately.] Sec. 27. If any parent, or guardian, or master to whom H. minor has been apprenticed, or any person occupying the position of parent, protector, or guardian, in fact or in reality, by blood or marriage, not more remote than first cousin to such minor, shall feel aggrieved by such com- mitment to such institution when such commitment has been made under section twenty of this act, he may make written application to the board of trustees of the insti- 68^ APPENDIX. tution for the ciistliai ge of such minor, which application shall be filed with the superintendent, who shall inform the trustees thereof, and the same shall be heard- and determined by such trustees at such time and place as they shall appoint for that piirpose, not later than the next regular meeting of the board. Such application shall state the grounds of the applicant 's claim to the custody of the minor, and the reasons for claiming such custody. Within ten days after the hearing said application, the trustees shall make and announce their opinion thereon, and if they shall be of the opinion that the welfare of such minor would be promoted by granting the application, they shall make an order to that effect; otherwise, they shall deny the ap- plication. The applicant may, upon the denial of his ap- plication, by first giving security for the payment of all costs (the security to be approved by the clerk of the proper court) commence an action in the superior court of the county in which the institution may be situated,- for the recovery of the custody of such minor, against the trustees of such institution. The complaint in said action shall state the fact and manner of the minor's commitment to the said institution, the making of the applicant 's application to the trustees for the custody of such minor, and the over- ruling of such application by such trustees, as well as the ground upon which the applicant relies for the recovery of the custody of such minor. Said action shall be prosecuted in like manner as other civil actions, and the cost thereof shall be paid by the applicant without reference to the result of the action, unless the court shall state in the judg- ment that the refusal of the trustees to grant the application of the applicant was plainly unreasonable, or that the orig- inal commitment was manifestly improper and unnecessary. [Amendment, approved March 23, 1893. Stats. 1893, p. 334. In effect immediately.] Sec. 28. 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 all writs of commitment issued or approved by said judge, and to receive as compensation therefor such fees as are SCHOOL, OF REFORM. 686 now or may hereafter be provided by law for the trans- portation of prisoners to the state prison; provided, that in all cases where the commitment shall be made under section twenty 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 suf- ficient, execute 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 ex- pense to the said state; and further provided, that in the case of minor females committed to said school, and there is no parent, guardian, or other protector of such minor, who, in the opinion of the court, is a proper 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 forth- with 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 where, if such minor were a boy and were by a sheriff delivered to said school, he, the said sheriff, would be entitled to receive compensation, under the terms of this act. [Amendment, approved March 23, 1893. Stats. 1893, -^. 335. In effect immediately.] Sec. 29. In all cases where an infant has been committed to said school for any of the causes mentioned in section twenty of this act, and such minor, at the time of his com- mitment or afterwards, and during his term of confinement at said school, succeeds to any estate which is of sufficient value to cover his expenses to and from and while at said school, the same shall become subject to such expense; and the said superior court shall, by a proper order therein en- tered,- cause the parent or guardian to sell so much of said minor's estate (there not being sufficient money) to pay such expenses. In each case the proceedings thereon shall be similar to those required of guardians in ordinary sales of the property of wards. When any money is realized by virtue of any such sales, the court, by proper order, shall cause the same, or a sufficient amount thereof, to be paid CS6 APPENDIX. to the trustees of such institution; or. in case any expense of said minor has been borne already by the state or county, then such court shall order said county and state to be fully reimbursed for said expense, by causing a sufficient amount therefor to be placed in the state and county treasury. [Amendment, approved March 23, 1893. Stats. 1893, p. 336. In effect immediately.] Sec. 30. The said board of trustees shall examine, audit, and allow the demands arising under the terms of the afore- said 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. All acts or parts of acts in conflict with this act are here- by repealed. [Amendment, approved March 23, 1893. Stats. 1893, p. 336. In effect immediately.] Sec. 31. This act shall take effect and be in force from and after its passage. An act relating to commitments to the state school at "Whittier and to the Preston school of industr}^; fixing the authority to examine and commit to such schools with the superior court judges of the counties, and fix- ing the responsibilities from which commitments are made to the state for maintenance of the persons com- mitted therefrom; providing for the manner of pay- ment thereof, and fixing the responsibility of the par- ents to the counties from which their children are com- mitted. [Approved March 26, 1895. Stats. 1895, 122.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The superior judge of any county, and no other judicial officer, shall have power to examine, dis- charge, or commit any offender either to the Whittier state school or to the Preston school of industry; provided, SCHOOL, OF REFORM. 657 that the superior judge shall determine whether or not the parent or guardian of any minor committed 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 has 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 attor- ney 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. Sec. 2. For each and every person hereafter committed to either the Whitter state school or the Preston school of industry, the county from which 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 fraction of a year. 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 superior 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 commitments, 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 treasurer, through the state controller, the amount so found to be due 688 APPENDIX. to the state by reason of commitments to the state schools as herein provided. Sec. 4. The superintendent of the 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, showing the name of the person committed, the date of the commitment, and the county from which 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 provided. Sec. 5. All acts and parts of acts in conflict herewith are hereby repealed. Sec. 6. This act shall take effect immediately. An act to prevent evil-disposed persons from coming upon the grounds of the Whittier state school at Whittier, California, or the Preston school of industry at lone. [Approved March 26, 1895. Stats. 1895, 92.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. Any person who shall come upon the grounds of the Whittier state school at Whittier, or Preston school of industry at lone, or any of the grounds adjacent there- unto where inmates are employed, and leave or deposit where inmates may have access thereunto, any guns, pistols, knives, or other deadly weapons, or any explosive of any kind whatsoever, shall be guilty of felony, and upon con- SCHOOL, OF REFORM. 689 vietion thereof shall be punished by imprisonment in the state prison for a term of not to exceed three years. Sec. 2. Any person who shall come upon the grounds of the Whittier state school at Whittier, or Preston school of industry at lone, or any of the grounds adjacent thereto where inmates are employed, and leave or deposit where inmates may have access thereto, any whisky, cigars, cigarettes, tobacco, or any other narcotic or stimulant, or who shall furnish to any of the inmates of said school any of the above-named articles, shall be guilty of a misdemeanor. Sec. 3. Any person having been previously convicted of a felony, and who has been confined in either of the state prisons of this state, who shall come upon the grounds of the Whittier state school, or Preston school of industry at lone, or communicate, or attempt to communicate, with any of the inmates of said institution without the consent of the superintendents, or other officers in charge of said schools, shall be guilty of a felony, and upon conviction thereof shall be punished by confinement in either of the state prisons of this state for not more than three years. Sec. 4. Any tramp, vagrant, or person who is a known associate of thieves, who shall come upon the grounds of the Whittier state school or Preston school of industry at lone, or grounds adjacent thereto, and communicate with 'any of the inmates of said schools, without the consent of the superintendents thereof, or who shall visit or com- municate with any paroled pupil of said school with a view to induce him to violate the conditions of his parole, or who shall induce, by threats, intimidation, or persuasion, such paroled pUpil to leave the guardian under whom he has been placed by the superintendents of the Whittier state school, or Preston school of lone, shall be guilty of a misdemeanor. Sec. 5. Any person who shall deliver, or agree to de- liver, any literature, letters, or any reading matter what- soever to any of the pupils of the Whittier state school, Pen. Code— 44 690 APPENDIX. or Preston school of industry at lone, without the same passing through the hands of the superintendents of said schools, or other officer designated by him for the purpose of receiving and examining such literature, letters, or read- ing matter, shall be guilty of a misdemeanor. This act shall take effect immediately. An act to provide for the improvement of the reform school at "Whittier, California, for juvenile offenders, and make an appropriation for the same. [Approved April 6, 1891. Stats. 1901, 484.] The act appropriated $120,400 for the purpose specified. An act to provide for additional improvements at the reform school for juvenile offenders, located at Whittier, in the county of Los Angeles, and state of California, and to make an appropriation for the same. [Approved March 23, 1893. Stats. 1893, 296.] The act approjmated $100,000 for the purpose specified. SEDUCTION. An act to punish seduction. [Approved March 1, 1872. Stats. 1871-2, p. 184.] Section 1. 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 elsewhere, for the purpose of prostitution, 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 imprisonment in the state prison not ex- ceeding one 3^ear, or by a fine not exceeding one thousand dollars, or by both. SHERIFFS— SHIPPING— STATE PRISONS. 6'Jl SHERIFFS. An act to allow compensation to sheriffs for conveying prisoners to the state prisons, and insane persons to the insane asylums. [Approved March 14, 1885. Stats. 1885, 126. Amended 1889, 200.] Section 1. There shall be allowed by the state board of examiners to the sheriff*, to be retained by him for his own use for delivering a prisoner to either of the state prisons, actual expenses and five dollars per diem for the time nec- essarily consumed in delivering such prisoner. [Amend- ment, approved March 15, 1889. Stats. 1889, 200.] Sec. 2. There shall be allowed by the state board of examiners to the sheriff, to be retained by him for his own use, for delivering any insane person to either of the in- sane asylums, his actual expenses and the same per diem as is allowed in section one of this act. [Amendment, ap- proved March 15, 1889. Stats. 1889, 200.] Sec. 3. The sheriff shall be allowed and is entitled to receive and retain for his own use, the same compensation and expenses for all like services mentioned in sections one and two of this act, rendered by him since the fourteenth day of March, 1885. [Amendment, approved March 15, 1889. Stats. 1889, 200.] Sec. 4. This act shall take effect and be in force from and after its passage. [Amendment, approved March 15, 1889. Stats. 1889, 200.] SHIPPING. See Buoys and Beacons. STATE PRISONS. An act to regulate and govern the state prisons of California. [Approved March 19, 1889; 1889, 404.] Section 1. The state prisons of this state shall bo known as the state prison at San Quentin, which shall have an 23 692 APPENDIX. official staff conforming to the laws of the state in relation to state prisons; and the state prison at Folsom, 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. Sec. 2. «For the government and management of the Cali- fornia state prisons, there shall be appointed by the governor, by and under 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 appointment; such appointments to be made as vacancies occur in the board as it now exists. In ease 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 in- dorsed 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. Sec. 3. xA the first meeting of the board of directors in the year eighteen hundred and ninety, and annually there- after, they snail elect one of their members president of the board, whose duty it shall be to preside at the meeting 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. Sec. 4. Three members of the board shall constitute 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. Sec. 5. It shall be the duty of the directors to deter- mine the necessary officers and employees of the prisons other than those of the wardens and clerks, specifying their duties several!}', and fixing their salaries; to prescribe rules and regulations for the government of the prisons, and to revise and change the same from time to time as circum- STATE PRISONS. HM:i stances may require, 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, t& remain in force until the succeed- ing 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 the 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 estab- lish an office in San Francisco, and employ a secretary. Sec. 6. The directors shall appoint a warden for each prison, who shall take and subscribe an oath or affirma- tion faithfully to discharge the duties of his office, as pre- scribed by law, and by the rules and regulations of the board of directors, and to enter into a bond to the state of California, in the sum of twenty-five thousand dollars, with two or more sufficient sureties, to be approved by the direc- tors and the attorney-general of the state, conditioned to the faithful performance of such duties as such officer aforesaid, and he shall hold his office four years after such appoint- ment; the first appointments after the adoption of this act to take place at the expiration of the present term of of- 694 APPENDIX. fice of the present incumbents thereof, or when such office becomes vacant. Sec. 7. The wardens shall reside at the state prisons to which they are respectively assigned, in houses provided and furnished at the expense of the state, as may be or- dered 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 suit- able persons thereto. Second — Under the order and direction of the board to prosecute all suits at law or in equity that may be neces- sary to protect the rights of the state in matters or prop- erty connected with the prisons and their management, such suits to be prosecuted in the name of the board of state prison directors. Third — 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 con- victs shall be kept by him, and in which shall be entered the name of each convict, the crime of which he is con- victed, the period of his sentence, from what county sen- tenced, by what court sentenced, his nativity, to what de- gree 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 — He shall report to the governor, before the twentieth of each month, the names of all prisoners whose terms are about 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 when their service would expire by limitation of sentence. Fifth — To perform such other duties as may be prescribed by the board of directors. Sec. 8. The board of directors shall appoint a clerk for each prison, who shall take an oath of office, and enter STATE PRISONS. 695 into a bond to the state, with sureties satisfactory to the board, in the sum of ten thousand dollars, conditioned that they will faithfully discharge the duties required of them. The clerks shall hold their office for the period of four years after such appointments; the first appointments after the adoption of this act to take place at the expiration of the present term of office of the present incumbents thereof, or when such office becomes vacant. Sec. 9. The clerks 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. Sec. 10. No person shall be appointed to any office by the wardens, or be employed in the prisons on behalf of the state, who is a contractor or agent, or who is interested, directly or indirectly, in any business carried on therein; and no male person who is not a qualified elector of the state of California shall be appointed by the wardens to any office in or about the prisons, nor shall any be appointed or employed^by virtue of this act who is in the habit of in- temperate 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 discharge such person. Sec. 11. Wardens and clerks may be removed by the board of directors at any time for misconduct, incompetency, or neglect of duty; and all other officers and employees, may be removed at any time, at the pleasure of the wardens. Sec. 12. The Vardens 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. Sec. 13. 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 di- rectors may deem just and equitable in eacli case. 6P6 APPENDIX. Sec. 14. The board of directors are hereby authorized aud 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 con- tract 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 ac- ceptance thereof, and furnishing a penal 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 of the prison reject any arti- cle as not compljdng with the contract, or if a bidder fail to furnish the articles awarded to him when required, the proper officer of the prison 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. Notice of the time, place, and conditions of» the letting of contracts shall be given for at lea^t two consecutive weeks in two newspapers 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 advertise, 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 with any one whose offer is regarded as just and equitable, 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 con- tract can be had at sucli lower bid. When two or more bids for the same article or articles are equal in amount, the board J STATE PRISONS. 697 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 judg- ment may seem proper and right. The board shall have power to let a contract in the aggregate, or they may segre- gate 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 contract, and who had not, in the opinion of the board, faithfully complied therewith. Sec. 15. 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 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 9th, 1885, and amended March 16th, 1889. All moneys received or collected by the warden of Folsom 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 state treasury to the credit of the Folsom state prison fund, excepting so much thereof as may be necessary to pay the expenses and money allowed discharged prisoners under the provisions of. this act. The warden shall require vouchers for all moneys by them ex- pended and safely keep the same on 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 use when there is not sufficient money in the hands of the warden, drafts Shall be drawn on the controller of state, signed by at least three of the directors, and the controller of state shall draw his warrant on the state treas- urer, who shall pay the same out of any moneys belonging to the state prison fund, or appropriated for the use or sup- jjort of the state prisons. The amount of all money retained by the wardens and the aggregate amount i)aid out shall bo reported quarterly to the controller of state, and the proper entries shall be made on the controllers books. Am'd. 1905, p. 724. 698 APPENDIX. Sec. 16. All revenues of the prisons, unless herein other- wise provided, shall be paid to the wardens, who alone are authorized to receipt for the same and discharge from lia- bility. When any sum of money is paid to the wardens, they shall cause the same to be properly entered on the books by the clerks. Sec. 17. On payment of any moneys into the state treas- ury, as provided in this act, the wardens and state treasurer shall report to the controller 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 disbursed by them every three months, and during the period for which such report shall be made, which quarterly report shall be signed by the war- den and at least three of the directors. Sec. 18. 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 work 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 ex- cept jute fabrics. At Folsom after the completion of the dam and canal the board may commence the erection of structures for jute manufacturing purposes. The board of directors are hereby authorized to purchase from time to time such tools, machinery, and materials, and to direct the employment of such skilled formen 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 pro- vided by law. STATE PRISONS. B»J Sec. 19. In the treatment of the prisoners, the follow- ing general rules shall be observed: Each convict shall be provided with a bed of straw, or other suitable material, and sufficient covering of blankets, and shall be supplied with garments of coarse substantial material, of distinctive manufacture, and with sufficient plain and wholesome food of such variety as may be 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 prison 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 own account, al- lowed 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 present pur- poses, he shall be furnished with five dollars in money, a suit of clothes costing not more than ten dollars, and by the cheapest route to the place where sentenced from, if the prisoner desires to return there, or to any other place of tho same cost; and he shall be entitled, if he so elect, to im- munity from having his hair cut, or from being shaved, fir three calendar months immediately prior to his discharge. It shall not be lawful for the officers of the prison to fiii- nish, or permit to be furnished, to any one, for publicatiin, 700 APPENDIX. the name of any prisoner about to be discharged., "When th3 warden, and such other officers as may be designated by the directors to act with him in such eases, shall be of opinion that any convict is insane, they shall make proper examina- tion, and if they remain of the opinion that such person is insane, the warden shall certify the fact to the superin- tendent 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, tne insane convict is still in the insane asylum, he shall be al- lowed to remain there until discharged cured. It shall be the duty of the warden, also, to send to the directors a copy of such certificate, and thereafter a statement as to his sub- sequent 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 directors 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 insanity, 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 expira- tion of his sentence, the warden shall first give notice, in writing, to a judge of a 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 count}', commanding him to remove such in- sane convict and take him before said court. Upon the re- STATE PRISONS. 701 ceipt of such an order, it shall be the duty of said sheriff, to whom it is directed, to execute and return the same forth- with 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 insane asylums. The sheriff shall re- ceive the same compensation as for transferring a prisoner to the state prison, and to be- paid in the same manner. If any judge, after having 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 con- vict, as required by the provisions of this section, it shall be the duty of the warden to cause such insane convict to be removed before a superior court of a county in which the state prison is located, in charge of an officer of the prison, or other suitable person, for the purpose of examination; and the cost of such removal shall be paid out of the state treas- ury, in the same manner as when removed by the sheriff, as herein provided. Sec. 20. The state board of prison directors shall require of every able-bodied convict confined in a state prison as many hours of faithful labor in each and every day during his term of imprisonment as shall be prescribed by the rules and regulations of the prison. Every convict who shall have no infraction of the rules and regulations of the prison or laws of the state recorded against him, and who performs in a faithful, orderly, and peaceable manner the duties as- signed to him, shall be allowed from his term, instead and- in lieu of the credits heretofore allowed by law, a deduc- tion 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 APPENDIX. 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. Goo-J Time nranted. Total Good Time Made. Time to be Served it 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 ."i months .'> months 5 months 2 months 4 months 5 months 1 year 1 year and .") months.. 1 year and 10 months. 2 years and 3 months.. 2 years and S months.. 3 years and 1 month.. 3 years and 6 months.. 10 months 1 year and S months 2 years and 4 months 3 years 3 years and 7 months 4 years and 2 months 4 years and 9 months .5 years and 4 months 3 years and 11 months 6 years and a 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 other- wise endanger life, or shall be guilty of any flagrant disre- gard of the rules of the prison, or commit any misdemeanor, or in any manner violate any 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, how- ever, 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 them may seem proper. STATE PRISONS. 70:i Sec. 21. All criminals sentenced 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 were tried, and the prisoners so confined shall be subject in all respects and discipline and treatment as though committed under the laws of this state. The wardens are hereby au- thorizec] 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. Sec. 22. The board of directors shall have power to con- tract 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 fur- nish 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 illuminating works in their discretion, with or without contracting therefor, on such terms as they may deem just. The board shall have full powev to erect any building or structure deemed neces- sary by them, or 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 advertis- ing or contracting therefor; provided, that no building or structure, the cost of which will exceed five thousand dol- lars, shall be erected or constructed without first obtaining the consent of the governor, secretary, and treasurer of the state, or a majority thereof. The board shall have power to give for meritorious service to any convict discharged, or about to be discharged, a sum in addition to that already allowed not exceeding ten dollars. Sec. 23. No officer or employee shall receive, directly or indirectly, any compensation for his services other than that prescribed by the directors; nor shall be receive any 704 APPENDIX. 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 provisions 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 engaged therein, shall be expelled from the prison grounds, and not again permitted within the same as a contractor, agent, or employee. Sec. 24. 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 in- cur the same penalty as prescribed in section twenty-three. See. 25. No officer or employee of the prison shall be in- terested, directly or indirectly, in any contract or purchase made or authorized to be made by any one for or on behalf [of] the prisons. Sec. 26. There shall be printed annually 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. Sec. 27. All the bonds of officers and emploj'ees under this act shall be deposited with the secretary of state. Sec. 28. If any of the shops or buildings in which con- victs are employed are destroyed in any way, or injured by fire or otherwise, they may be rebuilt or repaired im- mediately, under the direction of the board of directors, by and with the advice and consent of the governor, attor- ney-general, and secretary of state, and the expenses thereof paid out of any funds in the state treasury not otherwise appropriated by law. STATE PRISONS. 705 See. 29. The board of directors must report to the gov- ernor 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 of sentence, or any other cause which in their opinion, should entitle the prisoner to pardon. Sec. 30. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Sec. 31. This act shall take effect immediately. The original of this act to regulate and govern the state prisons of California can be found in Statutes of 1880, p. 67 (Bancroft's ed., p. 243). An act to provide for the erection and maintenance of a branch state prison near the town of Folsom. [Approved March 30, 1874; 1873-4, 785. In effect immedi- ately.] (The code commisioners say of this act: Superseded by 1889, 404, ante.) Section 1. The governor, lieutenant-governor, and sec- retary of state, the board of state prison directors, are hereby authorized and empowered, and it shall be their duty, to cause to be commenced, on or before the first day of October, A. D. eighteen hundred and seventy-four, the building of a branch state prisdn, on the land and at the site conveyed to the state by the Natoma Water and Min- ing Company, situated near the town of Folsom, in Sacra- mento County; also, to commence building and constructing an exterior wall, inclosing not less than five acres of laud, around the same. Sec. 2. The walls of the entire prison structure shall be erected with stone to be taken from the granite quar- ries situated on the land mentioned in section one of this act, using convict labor in and about the premises when- ever it can be done to advantage; and the said prison 9tructure shall be erected, finished, and completed as Pen. Code — 45 706 APPENDIX. speedily after it is commenced as practicable; provided, that said board of state prison directors shall first order the erection of a suitable structure for the accommodation of not less than one hundred and fifty convicts within the inclosed prison-yard, the same to be in harmony with the general plan adopted for the construction of the branch prison at Polsom. Sec. 3. The said board of directors shall, on or before the fifteenth day of April, A. D. eighteen hundred and seventy-four, cause to be published in a daily newspaper in the city and county of Sacramento, and city and county of San Francisco, for at least thirty days, a notice to re- ceive plans and specifications, in detail, at a place specified therein, for the construction of a branch state prison, to be erected on the land and at the site hereinbefore men- tioned in said Sacramento County, and upon the basis of accommodating not less than five hundred prisoners at one time. The notice shall also state the premium, not to ex- ceed the sum of five hundred dollars, to be awarded to the architect whose plans and specifications for the same may be adopted. Sec. 4. The said board of state prison directors, on or before the fifteenth day of June, A. D. eighteen hundred and seventy-four, shall adopt plans and specifications for said branch state prison, as aforesaid; and on or before the day last before mentioned, shall cause to be adver- tised in a daily newspaper published in the city and county of Sacramento, and in the city and county of San Fran- cisco, for at least thirty days, a notice to receive sealed proposals and bids to construct and erect any part of said branch state prison, on the land and at the site afore- said, in accordance with the plans and specifications which shall have been heretofore adopted by said board of state prison directors for the construction of the same, with the reserved right to reject any and all bids as being too high in price, and advertise anew. The said board of directors, on or before the fifteenth day of September, A. D. eighteen STATE PRISONS. Y07 hundred and seventy-four, must let to the lowest responsible bidder the contract to construct and erect such part of said prison structure as said board of directors, in their discre- tion, may think proper, upon condition that such contractor or contractors execute a good and sufficient bond in double the amount of his or their bids, to perform such contract of constructing and erecting any part of said prison structure in a skillful and workmanlike manner, and in conformity with the plans and specifications aforesaid, which bond shall be approved by the board of state prison directors. Sec. 5. The board of state prison directors are hereby authorized to appoint a superintendent of said prison, who shall hold his office during the pleasure of the appointing power, and until his successor is appointed and qualified, whose duty it shall be to superintend and manage the construction and erection of said prison structure, under such rules and regulations as may be prescribed by the board of state prison directors, under the provisions of this act. Sec. 6. The board of state prison directors are hereby authorized to cause to be erected, on said site mentioned in section one of -this act, such temporary prison buildings, yard and officers' quarters as they may deem necessary for the accommodation of the officers and guards, and the safe-keep- ing of the prisoners during the time they are employed in the erection of the said permanent prison buildings and wall, or prison structure. Sec. 7. As soon as temporary quarters and buildings are erected, as provided in section six of this act, the board of state prison directors shall select a number of prisoners, not less than fifty nor more than five hundred, of the number who may be unemployed under contract, and cause them to ' be removed from the state prison at San Quentin to said prison near Folsom, and there to be confined and worked in the erection 'of said prison structure, and such other work and labor as the said board of directors shall deem advan- 70S APPENDIX. tageous and proper, during the term or terms of their sen- tence to the state prison. See. 8. The provisions of chapters one and two of title I, part III, of the Penal Code, are applicable to and made part hereof, substituting the words "branch state prison" for the words "state prison," whenever occurring in said chapters. The appointment of a prison warden shall be a permanent appointment, and he shall not be removed from office except for good and sufficient cause. Sec. 9. All material necessary to be purchased in the construction of said prison structure, and all supplies for the support and maintenance of said branch state prison, shall be by contract, and the board of directors shall cause to be published, in a newspaper published in the county, a notice to receive bids therefor, and let the same to the low- est responsible bidder, whenever such material or supplies are needed. Sec. 10. All salaries paid to officers, guards, or skilled laborers, and all moneys expended for material, tools, or sup- plies, used in the construction of said branch state prison buildings and wall, and in the support and maintenance of said prison, shall be drawn from the state treasury, in the same manner as moneys are now drawn ther-efrom for the support and maintenance of the state prison at San Quentin; and the board of directors shall cause to be kept a correct account, in detail, of all moneys secured and disbursed by them in the building, support and management of said branch state prison, and shall on or before the first day of Novem- ber in each year, make a full report to the governor, showing in detail all the transactions connected with the construction, management, support and maintenance of said prison, and of the working and conducting of the convicts therein confined. Sec. 11. The board of directors shall collect, or cause to be collected, and receive all moneys due for work and labor STATE PRISONS. 709 furnished to any parties at or from said prison, or from the lease of the labor of convicts therein confined, and pay the same into the state treasury, and take the treasurer's re- ceipt therefor; and it shall be the duty of the state treasurer to place the same in a fund, to be known as the "Folsom branch state prison fund," which, together with all moneys appropriated or obtained by the assessment and levy of taxes upon the value of property for the building, support and maintenance of said prison, shall be subject to orders of said board of directors, to be disbursed in the support of said branch state prison. See. 12. The sum of one hundred and seventy-five thou- sand dollars is hereby appropriated out of any money's in the state treasury not otherwise appropriated, for the purpose of carrying out the provisions of this act, and the state treasurer is hereby directed and required to place the same in the Folsom branch state prison fund, subject to orders for disbursement as hereinbefore provided. Neither the board of state prison directors mentioned in section one of this act, nor any one acting under or for said board, shall incur or create any debt or debts, liability or liabilities, under the provisions of this act; nor shall they make any contract or agreement in relation to the building and construction of the branch state prison provided for in this act, the comple- tion and fulfillment of which will exceed the apropriation made in this section, or the balance of such appropriation unexpended at the time such contract or agreement is en- tered into. Any violation of the foregoing provisions shall be a misdemeanor, and all such contracts and agreements shall be void. Sec. 13. All acts and parts of acts, so far as the same are in conflict with the provisions of this act, are hereby re- pealed. Sec. 14. This act shall take effect and be in force from and after its passage and approval. In addition to the above legislation, the following acts may be referred to: 710 APPENDIX. An act to provide for the completion of the branch state prison at Folsom, approved April 1, 1878; 1877-8, 884. An act to provide for the speedy completion of the branch state prison at Folsom, approved April 12, 1880; 1880, 39 (Ban. ed. 191). An act to provide for the erection of a wall at the state prison at Folsom, approved March 13, 1883; 1883, 295. An act to appropriate the sum of thirty-foui thousand four hundred and nineteen dollars and forty cents, to pay the amount found by the sixth judicial court to be due M. Miles and his sureties for work done under contract, in build- ing the state prison at Folsom, approved March 10, 1885; 1885, 79. An act providing for the erection and operation of rock- crushing 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 ap- propriation of money to carry out said work. [Approved March 28, 1895. Stats. 1895, 274.] Section 1. The governor of the state, the state prison directors, and the bureau of highways (or if the latter shall not be established, then and in that case the two first named) shall, when satisfied that fifty thousand cubic yards of pre- pared road or highway metal, as hereinafter described, will be taken for highway purposes, purchase, establish, and op- erate at one or .both of the state prisons, a rock or stone crushing plant, to be operated by convict labor and by the applieatioQ of power 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 direc- tion hereby and herein conferred and given shall not be ex- ercised or employed until the governor and the state prison STATE PRISONS. 711 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. 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 machinery exclusive of the plant itself, repairs, superintend- ence, and direction, and the preparation and maintenance of beds, boxes, crates, or other unloading devices for car- riage and delivery from cars of said highway metal. Sec. 3. To said cost of production 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 result or product of such addition shall be the sale price of such metal i.lelivered from the plant free on board of the cars or other vehicles of transportation. Sec. 4. Said ten per cent shall, as realized, and not less frequently 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 be paid into the fund for the support of the state pris- ons. Sec. .5. The state prison directors are hereby authorized to lease railroad cars with equipment suitable for the rapid and economical handling and delivery of highway material prepared as aforesaid, whenever in their judgment the inter- ests of the people of the state will be conserved thereby in the matter of highway construction by the use of such high- way 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. 712 APPENDIX. 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 directors; and the state controller shall, on presentation of such de- mand, in writing, draw his warrant upon the treasurer for the said sum of money in behalf of said state prison direct- ors, 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 re- turned to the fund from which drawn, as is specified and di- rected in this act. 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 of the state prison directors, to provide and maintain a permanent revolving fund for the purchase of tools, machinery, and other material and appli- ances, exclusive of the establishment of the plant described in this act, to be used in the process of crushing and han- dling rock or stone at the state prisons for the purpose con- templated and set out in this act. All money taken from said revolving fund shall be used exclusively in payment for such supplemental machinery, tools, material and appliances necessary to the proper quarrying, handling and preparing of highway material at said state prisons; and so much of the money received for sale of highway metal as shall be necessary to that end shall be returned to said revolving fund as is needed to keep the same constantly at the said figure of five thousand dollars. Sec. 8. All acts or parts of acts in conflict with the pro- visions of this act are hereby repealed. Sec. 9. This act shall take effect and be in force from and after its passage. STATE PRISONS. 713 An act to regulate and govern the operation of the rock- crushing plaat at the state prison at Folsom, to provide for the sale of crushed rock, and the disposition of the revenues derived therefrom. [Approved March 11, 1897. Stats. 1897, 99.], Section 1. The state board of prison directors shall reg- ulate, govern, and have -full control of the rock or stone crushing plant established at the state prison at Folsom, the product thereof, the revenues derived therefrom, and all appropriations of money therefor. Sec. 2. The plant shall be operated by convict labor, and by the application of the mechanical and water power be- longing to the state prison at Folsom, together with such free labor as the state board of prison directors may deem necessary for superintending, directing and guarding the convicts employed thereon. Sec. 3. The state board of prison directors are hereby empowered and authorized to sell and to otherwise dispose of the crushed-rock product of the said plant; provided, that in all cases, preference shall be given to orders received from the bureau of highways for crushed rock for road metal for highway purj^oses. Sec. 4. The sale price of all crushed rock sold for road metal for highway purposes shall be the cost of production, with ten per centum added, delivered on board cars or other vehicles of transportation at the rock-crushing plant; pro- vided, that no rock shall be sold for highway or other pur- poses for a less price than thirty cents per ton. Sec. 5. The cost of iiroduction shall be ascertained by estimating the cost of explosives, oil, fuel, tools, repairs, free labor, supplementary machinery, the preparation and maintenance of beds, boxes, crates, or other unloading de- vices for carriage to and delivery from cars, of said crushed 714 APPENDIX. rock, the leasing of railroad cars, and the cost of such other materials, supplies and expenses as may be required and used in producing each ton of crushed rock ready for sale deliv- ery. Sec. 6. The state board of prison directors are hereby authorized to lease railroad cars, with equipments suitable for the rapid and economical handling and delivery of crushed rock, prepared as aforesaid, whenever in their judg- ment the interest of the people of tGe state will be conserved thfereby, in the matter of highway construction, by the use of said crushed rock. The cost of said leasing shall be car- ried into the cost of production described in section five. Sec. 7. The amount of five thousand dollars heretofore appropriated is hereby set apart to and for the usage of the state board of prison directors, to provide and maintain a permanent revolving fund for the purpose of operating and maintaining the rock-crushing plant at Folsom prison. The money taken from said revolving fund shall be used exclu- sively for operating and maintaining the said rock-crushing plant. So much of the money received from the sale of crushed rock as shall be necessary to that end, shall be re- turned to said revolving fund, as it is needed to keep the same constantly at the said figure of five thousand dollars. Sec. 8. "Whenever the revolving fund shall be replenished, and there shall be a surplus, or balance, over the amount appropriated, this surplus, or balance, shall be paid, not less frequently than semi-annually, into the state treasury, to the credit of the fund known as "The state prison fund of Folsom prison, ' ' for the use and support of Folsom prison. Sec. 9. The clerk of the state prison at Folsom shall keep such records, books, and accounts as may be necessary to at all times clearly exhibit the financial business and other transactions of the said rock-crushing plant. All such rec- ords, books, and accounts shall be kept separate and dis- tinct from those relating to other prison affairs. Sec. 10. For all sums of money herein required to be STATE PRISONS. 71i paid, drafts shall be drawn on the controller of state, signed by at least three members of the state board of prison direc- tors. Said drafts shall be sent to the state board of exam- iners, to be by them approved, and after approval by said state board of examiners, the controller of state shall draw his warrant in behalf of said state board of prison directors, on the state treasurer, who shall pay the same, on presenta- tion of such warrant; provided, that the state board of exam- iners is hereby expressly prohibited from approving of any of said drafts until the same are presented with itemized statement, showing specifically the services rendered, by whom performed, time employed, distance traveled, and nec- essary expenses thereof; if for articles purchased, the said statement shall give the name of each article, together with the price paid for each, and of whom purchased, together with the date of purchase. Sec. 11. If any of the buildings, machinery, or structures appertaining to or comprising the said rock-crushing plant are destroyed in any way, or injured by fire or otherwise, they may be rebuilt or repaired immediately, under the di- rection of the state board of prison directors, by and with the consent solely of the governor, the attorney-general, and the secretary of state, and the expenses thereof, not to exceed in amount the sum of ten thousand dollars, shall be paid out of any funds in the state treasury not otherwise appropriated by law, and the provisions of no other act shall apply to or govern or limit this section, or any of the powers or duties herein conferred. Sec. 12. The state board of prison directors are hereby authorized and empowered to perform such other acts and duties as may be necessary to carry out the full intent and meaning of this act. Sec. 13. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Sec. 14. This act shall take effect immediately. 716 APPENDIX. An act to provide for certain improvements and repairs at the Folsom state prison, and making an appropriation therefor. [Approved April 6, 1891. Stats. 1891, 487.] The act appropriated $65,000 for the purpose mentioned. An act making appropriation for the purchase of an electric plant, pump and pipe, sewer pipe, necessary wheels for utilizing the water of the American River for power purposes, and the erection of a power building for the state prison at Folsom, and other expenses incidental and refeting thereto. [Approved March 11, 1889. Stats. 1889, 132.] The act appropriated $112,500.00 for the purpose men- tioned. An act to authorize and empower the state board of prison directors to purchase California-grown hemp, to be used in the manufacture of grain bags, and to fix the price at which such bags shall be sold. [Approved March 16, 1901. Stats. 1901, 515.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The state board of prison directors are author- ized and empowered to purchase California-grawn 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 shaU be fijxed 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. See. 2. This act shall take effect immediately. STATE PRISONS. 717 An act making appropriations for the purchase of jute, jute machinery, lands, and erection of buildings for the manufacture of jute for the state prison at San Quentin, and other expenses incidental and relating thereto. [Approved March 4, 1881,- 1881, 34.] The act appropriated $219,000.00 for the purpose men- tioned. An act amending an act making appropriation for the estab- lishment of a permanent fund for the purchase of jute to be manufactured at the state prison at San Quentin, approved March 9, 1885. [Approved March 16, 1889. Stats. 1889, 228.] The act appropriated $100,000.00 for the purpose specified. An act making appropriations for the purchase of additional jute machinery and the erection of additional buildings for the manufacture of jute goods for the state prison at San Quentin, and other expenses incidental and relat- ing thereto. [Approved March 24, 1887; 1887, 240.] The act appropriated $160,000.00 for the purpose specified. An act to provide for the erection at Folsom state prison of a building, for the accommodation of the insane pris- oners, and making an appropriation therefor. [Approved March 26, 1903. Stats. 1903, .'-il9.] The act apjjropriated $25,000.00 for the purpose indicated. An act to provide for the erection at San Quentin state prison a building for the accommodation of the insane prisoners, and making .an appropriation therefor. [Approved March 19, 1889; 1889, 419. Repealed 1893, 148.] The act appropriated $20,000.00 for the purpose indicated. 718 APPENDIX. An act to provide for certain improvements and repairs at the San Quentin state prison, and making an appropria- tion therefor. [Approved March 19, 1889; 1889, 420. In effect immedi- ately.] The act appropriated $15,000.00 for the purpose indicated. An act to purchase adjacent lands at San Quentin for the use of the state prison, together with the improvements thereon, and making an appropriation therefor. [Approved March 19, 1889. Stats. 1889, 419.] The act appropriated $7,500.00 for this purpose. An act appropriating money for building workshops and prison buildings at the California state prison, at San Quentin. [Approved March 31, 1876; 1875-6, 643. In effect immedi- ately.] This act appropriated two hundred thousand dollars for the construction of a large fire-proof work-shop, four hun- dred feet by sixty feet, and four stories high; also for the purchase of state machinery, shafting, water-pipes and hose. It provided that bids for sealed proposals to furnish the necessary materials should be published in two daily news- papers in San Francisco for at least ten days. An act to appropriate the sum of three thousand one hun- dred dollars to purchase adjacent lands at San Quentin for the use of the state prison, together with the im- provements thereon. [Approved March 31, 1891. Stats. 1891, p. 261.] STATE PRISONS. 719 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 Quen- tin and at Folsoni. [Approved March 12, 1903. Stats. 1903, 127.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The state prison directors of the state of Cal- ifornia are hereby authorized and directed to employ at least twenty prisoners daily 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 Tibu- ron, San Eafael, and all railroad stations in Marin County which lie in the neighborhood of the said state prison; pro- viding, that no work shall be done by such prisoners 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 Sac- ramento County or connecting therewith; providing, that no work shall be done by such prisoners beyond a point six miles distant from said prison building. Sec. 2. This act shall take effect and be in force from and after its passage. Acts similar in terms to this were passed in 1893; Stats. 1893, p. 141. And 1897; Stats. 1897, p. 6. And 1891; Stats. 1891, p. 222. An act to protect the public health, to prevent the intro- duction and spreading of disease, and to provide for the protection of the health of criminals under sentence on conviction of a misdemeanor. [Approved March 13, 1883. Stats. 1883, 280.] Section 1. Whenever tlie board of health of any city or county, or city and county, or the board of supervisors of 720 APPENDIX. any county, or the county physician of any county of this state, shall present or cause to be presented to the sheriff, or other officer having charge of any county jail or prison in anj" county or city, or city and county, in this state, a certificate, or order, in writing, to the effect that it is by them, or him, considered necessary for the purpose of pro- tecting the public health, or to prevent the introduction or spreading of disease, or to protect or improve the health of criminals under sentence, that the hair of any criminal or criminals should be cut, the said sheriff, or other officer, shall cut, or cause to be cut, the hair of any such. person or persons in his charge convicted of a misdemeanor and sentenced to a longer term of imprisonment than fifteen days, to a uni- form length of one and one-half inches from the scalp of such person or persons so imprisoned. Sec. 2. This act shall take effect from and after its pas- sage. An 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, 1880. Stats. 1880, 43.] See this act, ante, p. 588. An act to authorize the state board of prison directors to pay for certain skilled labor used in the construction of the dam and canal at Folsoni prison, and making an appropriation therefor. [Approved April 6, 1891. Stats. 1891, 496.] The act ap^jropriated $16,925.00 for the purpose indicated. STATE PRISONS. 721 An act to establish board of parole commissioners for the parole of and government of paroled prisoners. [Approved March 29, 1893; 1893, 183. Amended 1901, 82.] Section 1. The state board of prison directors of this state shall have power to establish rules and regulations un- der which any prisoner who is now or hereafter may be im- prisoned in any state prison, and who may have served one calendar year of the term for which he was convicted, and who has not previously been convicted of a felony and served a term in a penal institution, may be allowed to go upon parole outside of the buildings and inclosures, but to remain while on parole in the legal custody and under the control of the state board of prison directors, and subject at any time to be taken back within the inclosures of said prison; and full power to make and enforce such rules and regulations and retake and imprison any convict so upon parole is hereby conferred upon said board of directors, whose written order certified by the president of said board shall be suflicient warrant for all officers named therein to authorize such officer to return to actual custody any con- ditionally released or paroled prisoner, and it is hereby made the duty of all chiefs of police, marshals of cities and vil- lages, and sheriffs of counties, and all police, prison, and peace officers and constables to execute any such order in like manner as ordinary criminal process; provided, however, that no prisoner imprisoned under a sentence for life shall be paroled until he shall have served at least seven calendar years. The governor of the state shall have like power to can- cel and revoke the parole of any prisoner, and his written authority shall likewise be sufficient to authorize any of the officers named therein to retake and return said prisoner to the state prison, and his written order canceling or revok- ing the parole shall have the same force and efifect and be executed in like manner as the order of the state board of Pen. Code— 46 722 APPENDIX. prison directors. If any prisoner so paroled shall leave the state without permission from said board he shall be held as an escaped prisoner and arrested as such. [Amendment, approved February 28, 1901. Stats. 1901, 82.] Sec. 2. This act shall take effect immediately from and after its passage. [Amendment, approved February 28, 1901. Stats. 1901, 82.] SUNDAYS. An act to provide for a day of rest from labor. [Approved February 27, 1893. Stats. 1893, p. 54.] Section 1. Every person employed in any occuj)ation of labor shall be entitled to one day 's rest therefrom in seven, and it shall be unlawful for anv emolover of labor to cause his employees, or any of them, to work more than. six days in seven; provided, however, that the provisions of this sec- tion shall not apply to any case of emergency. Sec. 2. For the purposes of this act, the term day's rest shall mean and apply to all cases, whether the employee is engaged by the day, week, month, or year, and whether the work performed is done in the day or night time. Sec. 3. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor. See. 4. This act shall take effect and be in force thirty days from and after its passage. An act to regulate and provide for a day of rest in certain cases. [In effect April 16, 1880. Stats. 1880, p. 80, Ban. ed. 311.] Section 1.' It shall be unlawful for any person engaged in the business of baking to engage, or permit others in his employ to engage in the labor of baking, for the purpose of sale, between the hours of six o 'clock P. M. on Saturday and six o 'clock P. M. on Sunday, except in the setting of SUNDAYS— SUPERVISORS. I2i sponge preparatory to the night's work; provided, however, that restaurants, hotels, and boarding houses may do such baking as is necessary for their own consumption. Sec. 2. Any person violating the provisions of this act shall be guilty of a misdemeanor, and shall be punishable by imprisonment in the county jail not less than one month nor more than six months, or by a fine of not less than t^ ty-five dollars nor more than two hundred dollars, or by both fine and imprisonment. This act was declared unconstitutional: Ex parte Wester- field, 55 Cal. 550. SUPERVISORS. An act to authorize boards of supervisors to pay the ex- penses of posse comitatus in criminal cases. [Approved April 16, 1880; 1880, 102, Ban. ed. 341.] 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 expenses which have not been incurred within one year before such allowance. Sec. 2. This act shall take effect and be in force from and alter its passage. 24 INDEX. ABALONE, protection of, § 628. Possession of sliells, § 628. ABANDONMENT, children of, § 271a. ABDUCTION: See Kidnaping; Prostitution. Jurisdiction of offense of, § 784. Of minor female for prostitution, punishment of, § 267. Punishment of, p. 690, Stats. Woman, of, punishment, § 265. ABETTING, out of state, by person, § 27. ABORTION, advertising to procure, § .317. Administering drugs to produce, punishment of, § 274. 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, § ACCESSAHIES. Abetting by person out of state, punish- ment, § 27. All persons concerned liable as principals, § 971. Before act and principal, distinction abolished, § 971. Concealing felony makes one an, § 32. Corroboration 'of, § 1111. Duel in, § 228. Indictment of, allegations, § 971. Indicted and tried, though principal not, § 972. Indicted and tried, though principal acquitted, § 972. (725) 726 ACCESSARIES— ACCUSATION. Jurisdiction of, when principal offense out of county, §§ 791, 792. Lottery, to, guilty of misdemeanor, § 322. Misdemeanor, in, guilty of misdemeanor, § 659. One harboring persons charged with felony is an ac- cessary, § 32. Punishment of, § 33. Who are, § 32. ACCIDENT as affecting liability for crime, § 26. Homicide by, § 195. ACCOMPLICE, corroboration of, § 1111. See Accessary. Conditional examination at preliminary examination, § 882. ACCOUNT, embezzlement or falsification by public offi- cers, § 424. Fraud in corporation's, § 563. Presenting fraudulent to public officer, § 72. ACCUSATION, defendant may demur or answer to, § 762. Defendant to appear and answer, § 761. Demurrer overruled, defendant must answer, § 765. Denial of, manner ot, § 764. Denial of charge, proceedings on, § 766. District attorney, against, to be presented to grand jury, § 771. Form of accusation, § 759. Form of demurrer to, § 763. Judgment on conviction, § 769. Judgment, causes of removal to be assigned, § 769. Judgment to be entered, § 769. Officers, against, to be presented by grand jury, § 758. Plea of guilty, proceedings on, § 766. Private person may file against officer, § 772. Private person, by, citation to officer, § 772. Private person, by, time of hearing, § 772. Private person, by, judgment on conviction, § 772. Proceeding, if defendant does not appear, § 761. Proceedings to remove officers may be by, § 889. Process to compel attendance of witness, both sides entitled to, § 768. ACCUSATION— ACTIONS. V27 Eefusal to answer, proceedings on, § 766. Superior court, before, for removal of officer, § 772. Superior court, judgment in on accusation against offi- cer, § 772. Superior court, proceedings in on accusation against officer, § 772. Time for defendant to appear, §§ 760, 772. To be filed, § 760. Transmitted and served, how, § 760. Trial, how conducted, § 767. Trial to be by jury, § 767. What court found in, § 890. What prosecutions must be by, § 889. ACCUSED: See Defendant. ACID, throwing upon another, § 244. ACKNOWLEDGMENT, false personation, § 529. ACQUITTAL, arrest of judgment, effect of as, § 1188. Court may advise, § 1118. Defendant discharged on, when and when not, §§ 1165, 1447. Discharge of codefendant to be witness is, § 1101. Effect of for higher offense, § 1023. Foreign, § 656. Former: See Former Jeopardy. Grounds of, § 1096. Insanity, proceedings after verdict of, on ground of, § 1167. Judgment 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. Eeasonable doubt, § 1096. ACTIONS, authority of court to wliich removed, § 1038. Clerk to prepare calendar, § 1047. Criminal, defined, § 683. Defendant as witness in, § 1323. 72S ACTIONS— ADULTERATION. Dismissal of, § 1382. Formation of trial jury, § 1046. Forms of and rules of pleading in, § 948. In whose name prosecuted, § 684. Indictment, when found, § 803. Limitation of: See Limitation of Actions. Merger of civil and criminal, § 9. Party prosecuted, how designated, § 685. Proceedings where offense triable in another county, § 827. Place of: See Venue. Property stolen without and brought .within state, § 789. Eecord of, what constitutes, § 1207. Removal of, before trial, grounds for, § 1033. Eemoval, application for, how made, § 1034. Kemoval, application for, when granted, § 103.5. Eemoval, application for, proceedings if defendant in custody, § 1037. Eemoval, application made by attorney and heard in defendant's absence, when, § 1034. Eemoval, on whose application granted, § 1033. Eemoval, order of entry of, § 1036. Eemoval, transmission of papers, § 1038. Eemoval, transmitting certified copy of proceedings, § 1036. Eemoval, want of fair and impartial trial, § 1033. Eemoval, pending actions not affecting by statute re- lating to, § 1035. ADJOURNMENT, admonition of jury on, § 1122. Court, b\', during jury's absence, § 1142. Discharge from custody, and continuance, § 1383. Justices ' court, of trial in, § 1433. Preliminary examination, of, §§ 861, 862. Trial, of, ordered when and how, § 1052. ADMINISTRATIVE OFFICER, crimes by and against, § 77. ADMINISTRATOR, embezzlement, when guilty of, § 506. ADMONITION, of jury on adjournment, § 1122. ADULTERATION articles, of, in general, § 382. Butter: See Butter. ADULTERATION— ADVERTISEMENT. 72>J Candy, adulteration of, a misdemeanor, § 402a. Candy, " adulterated, selling or keeping a misdemeanor, § 402a. Drugs, act relating to, § 383, note. Drugs, meaning of, § 383. Drugs, when adulterated, § 383. Food, meaning of, § 383. Food or drugs, tainted or adulterated, penalty for sell- ing or keeping, § 383. Food or drugs, tainted or adulterated, selling a misde- meanor, § 383. Food, when adulterated, § 383. Food or, § 382, p. 557, Stats. Honey, pp. 551, 559, Stats. Liquors, of, § 382. Quicksilver, sale of debased, § 367. Eetail dealer not guilty of if he has guaranty of purity from seller, § 382. Sale of adulterated food, § 383. SjTup, p. 551, Stats. Wine, p. 551, Stats. ADULTERY: See Prostitution. Act to jmnish, § 269a, note. Open and notorious living in, a misdemeanor, § 269a. Open and notorious living in, by married persons a felony, § 269b. Open and notorious living in, by married persons, mar- riage, how proven, § 269b. Open and notorious, punishment for living in by mar- ried persons, § 269b. Open and notorious, punishment for living in, § 269a. ADVERTISEMENT, abortion, to procure, § 317. False statements as to quality of goods sold a misde- meanor, § 654a. Injuring, § 616. Lottery, § 323. Placing on property without consent, a misdemeanor, § 602. Posting on state property, § G02. Posting without license of owner, § 602. 730 AFFIDAVIT— AMERICAN FLAG. AFFIDAVIT: See Perjury. Change of venue, for, § 1034. Defectively entitled, valid, § 1401. Entitling in special proceeding, § 1563. Examination on crmmission, for, §§ 1352, 1460, 1563. Justices' courts, in, entitling, § 1460. Making of, when deemed complete, § 124. Oath includes affirmation, § 119. Perjury in, what constitutes, . § 118a. Need not be entitled, §§ 1401, 1460, 1563. Police court, entitling affidavit in, § 1460. Subsequent contradictory statements, evidence of fals- ity, § 118a. AFFINITY, juror challenge for, § 1074. AFFIRMATION, oath includes, §§ 7, 119. Testify includes, § 7. AFFRAY, jurisdiction of justice's court over, § 1425. AGENT, embezzlement, when guilty of, §§ 506, 508. False statement to principal, § 536. Insurance, of foreign company not complying with law, § 439. Insolvent bank, overdrawing, § 561. Insolvent bank, agent receiving deposit, § 562. ALAMEDA COUNTY. Deer on Mt. Diablo, act to prevent destruction of, p. 608. Fishing in San Leandro Creek and Lake Chabot for- bidden, p. 605, Stats. ALIEN, challenge to, as grand juror, § 896. Aliens incapable of becoming electors prohibited from fishing, p. 603, Stats. ALTERATION, of legislative bill or resolution: See Legis- lature. Of public record by officer, § 113. Of public record by other than officer, § 114. AMENDMENT, challenge of, § 1062. See Bill of Exceptions. AMERICAN FLAG. Desecration of flag prohibited, p. 607, Stats. AMMUNITION— ANIMAL. 731 AMMUNITION, selling to Indians, § 398. See Cartridges. AMUSEMENTS: See Theaters. ANESTHETIC: See Drugs. ANIMAL: See Nuisance; Eailroad. 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, p. 561, Stats. Act for prevention of cruelty to animals continued in force, § 23. Act to prevent destruction of fish in Bolinas Bay and Napa Eiver continued in force, § 23. Act to preserve fish and game in and around Lake Merrit continued in force, § 23. Act to protect stock-raisers in certain counties con- tinued in force, § 23. Act to regulate salmon fisheries in Eel Eiver continued in force, § 23. Brands, altering, §§ 357, 35714. Bristle or tack bur or similar device, use of prohibited, p. 569, Stats. Certificate of registration, obtaining by fraud a mis- demeanor, § 537a. Contagious or infectious diseases amongst, act to pre- vent, p. 571. Cranes: See Cranes. Cruelty to; See Cruelty to Animals. Dead, putting in stream, highway, etc., § 374. Death from mischievous, § 399. Diseases, act to prevent spread of contagious and infec- tious diseases amongst, § 402d, note. Diseased, failure to keep from other animals a misde- meanor, § 402d. Diseased, failure to keep from other animals, punish- ment of, § 402cl. Dogs are personal property, § 491. Dogs, larceny of, § 491. Dogs, value, how ascertained, § 491. Drugs, giving to, act to prevent, p. 569. Elk: See Elk. False pedigree, giving, a misdemeanor, § 537a. Game laws: See Game Laws. Glanders or farcy, animal having to be killed, § 402b. Glanders or farcy, failure to kill animal having, a mis- demeanor, § 402b. Glanders or farcy or infectious diseases, bringing ani- mals into state affected with, § 402. Glanders, sale or exposure of animal infected, § 402. 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. Injury to animal obtained at livery-stable a misde- meanor, § .537b. Judges of the plains, acts relating to continued in force, § 23. Killing, § 597. Killing animal while hunting on inclosed land of an- other, a misdemeanor, § 884c. Letting certain male animals run at large, punish- ment of, § 597g. Letting stallion or jack to mare or jenny in city, pun- ishment of, § 597g. Maiming or torturing, § 597. Maliciously killing, wounding, or maiming, a misde- meanor, § 597. Marks or brands on, altering, punishment of, §§ 357, 3571/:.. Meaning of, § 599b. Neglected or disabled, powers and duties of officers of humane society, § 597f. Oysters, trespassing upon property where planted a misdemeanor, § 602. Oysters, act concerning continued in force, § 23. Oyster beds, act concerning continued in force, § 23. Poisoning, § 596, p. 569, Stats. Pollution of waters by livestock, punishment of, § 374. Registration, fraud in, § 537^^. Eodeos, acts relating to continued in force, § 23. State veterinarian, act creating, p. 561. Tampering with, act to prevent, p. 569. Unfit and old, duty to kill, § 599e. ANSWER— APPEAL. 733 ANSWER: See Plea; Pleading. Airaignment, to, § 990. Impeachment, in, §§ 743, 744. Eefusal to, plea of not guilty entered, § 1024. ANTWERP MESSENGER: See Homing Pigeons. APOTHECARY: See Druggists. APPEAL: See Exceptions; New Trial. Affirmed judgment, execution of, § 1263. Affirming judgment appealed from, § 1260. Appellant is who, § 1236. Argument on, §§ 1252-1254. Argument, judgment mav be affirmed but not reversed without, § 1253. Argument, number of counsel, § 1254. Bail upon, §§ 1272, 1273, 1291, 1292. Bill of exceptions: See Exceptions. Certificate of jirobable cause for, §§ 1243-1245. Clerk 's duties on, § 1246. Counsel, number of, § 1254. Custody, proceedings on certificate of probable cause, when defendant in, § 1244. Defendant may, in what cases, §§ 1237, 1238. Dismissal, five days' notice, § 1248. Dismissed for want of return, § 1249. Dismissed how, and for what irregularity, § 1248. Effect of, by defendant, § 1243. Effect of, by people, § 1242. Effect in general, §§ 1242-1245. Either party may appeal on questions of law alone, § 1235.' Entry of judgment on, § 1264. Errors, immaterial, in general, § 1404. Errors, not prejudicial, § 960. Errors, technical, disregarded, § 1258. Exceptions: See Exceptions. Grounds for, §§ 1237, 1238. How taken, §§ 770, 1240. Instructions need not be embodied in bill of excep- tions, § 1176, Instructions, written, need not be exce])ted tj), § 1176. Instructions, how jiresented for review, § 1176. Judgment, certified copy remitted to clerk of lower court, § 1264. Judgment on, to be entered, § 1264. Judgment, entry and remitting of, § 1264. Jurisdiction ceases after judgment remitted, § 1265. Lies, when, § 1237. Modifying judgment appealed from, § 1260. New trial, may order, § 1260. New trial, where to be had, § 1261. Notice of, § 1240. Notice of, service by publication, § 1241. Notice of, appeal taken by serving, § 1240. Notice of, publication of, effect of, § 1241. Notice of, publication of when authorized, § 1241. Officer, appealing from removal, office to be filled pend- ing appeal, § 770. Officer, from proceedings to removl?, how taken, § 770. Officer suspended pending appeal from removal, § 770. Order after judgment, from, § 1238. Order carrying into effect unexecuted death sentence, not appealable, § 1227. Papers, certifying and transmitting to supreme court, § 1246. Parties on, are appellant and respondent, § 1236. Parties, how designated on appeal, § 1236. People may, in what cases, § 1238. Power of appellate court, § 1260. Presence of defendant, § 1255. Priority of hearing on appeal from removal of officer, § 770. Remedial powers of supreme court, § 1260. Remitting judgment on, §§ 1264, 1265, Remitting judgment, jurisdiction ceases after, § 1265. Respondent is who, § 1236. Return, dismissal for want of, § 1249. Reversal, discharge of defendant on, § 1262. Reversal, exoneration of bail or return of monev, § 1262. Reversal, may order, § 1260. Reviewed, what may be, § 1259. Right of, § 1235. ^ Service of printed copies of papers on attorriey and attorney-general, § 1246. Stay, effect of appeal by people as, § 1242. APPEAI^APPOINTMENT. Tii Stay of proceedings on, §§ 1243-1245. Superior court, to, how taken, heard, and determined, § 1467. Superior court, to, proceedings if dismissed or judgment affirmed, § 1470. Superior court, to, statement on, § 1468. Superior court, to, when allowed, § 1466. Superior court, to, new trial in what court tried, § 1469. Taken, how, §§ 70, 1240. Time for hearing and determining, § 1252. Time in which appeal to be taken from order, § 1239. Time in which to be taken from judgment, § 1239. Title of action not changed on, § 1236. Transcripts, printing, transmitting, and serving, § 1246. Transcript, certifying and filing, § 1246. Transcripts, filing and disposing of, § 1246. Transcript, printing a county charge, § 1246. Transcript, service of, § 1246. Transmission of papers to appellate court, § 1246. When lies, § 1237, 1238. Who may, § 1235. APPEARANCE, accusation of defendant to answer, § 761. Accusation, failure to appear, proceedings on, § 761. Appeal, of defendant on, § 1255. Arraignment of defendant, for, § 977. Arraignment, if in custody and appearance necessary, to be brought in, § 978. Bail, of defendant admitted to, commitment on, § 1129. Bail: See Bail. Commitincut of witness refusing to give security for, § 881. Corporations, of, §§ 1396, 1427. Corporation, failure of to appear, proceedings on, §§ 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, § 136. APPOINTMENT by public officer for reward, § 74. Buying, to office, § 73. 736 APPRAISER— ARRAIGNMENT. Buying or selling, penalty for, § 73n. Receiving reward for, § 74. APPRAISER, accepting fee or compensation not allowed, a misdemeanor, § 653%. APPRENTICE, aiding to run away, or harboring, § 646. Plight hours, requiring to work over, § 651. Unlawful apprenticeship, § 272. AQUEDUCTS, destroying or injuring, § 607. ARBITRATOR, bribing, §§ 92, 93, 95. Influence, improper attempts to, § 95. Intimidation of, § 95. Making promise or agreement to give decision, pun- ishment of, § 96. Misconduct of, § 96. Receiving bribe, punishment of, § 93. Receiving communication outside of proceeding, § 96. ARGUMENT, on appeal: See Appeals. ARMS, state, having or selling, §§ 442, 443. Selling to Indians, § 398. Right to parade with, § 734. ARMY AND NAVY. Unlawfully wearing badge of Grand Army, punishment of, p. 611, Stats. ARRAIGNMENT, answer to, § 990. Bail in another county, proceedings on giving, § 984. Bail, increasing, § 985. Bench-warrant, by whom and how issued, § 980. Bench-warrant, directions in, when offense bailable, § 982. Bench-warrant, directions in, when offense not bailable, § 982. Bench-warrant, service in another county, § 983. Bench-warrant, form of, §§ 981, 982. Bench-warrant, how served, § 983. Bench-warrant to issue to defendant out on bail, § 979. Bench-warrant, when defendant ordered into custody, § 986. Commitment, ordering where bail increased, § 986. Counsel, appointment of, § 987. Counsel, informing of right to, § 987. Court, before what, § 976. ARRAIGNMENT— ARREST. 737 Custody, ordering into, §§ 985, 986. Defendant may move to set aside, demur or plead to In- dictment, § 990. Demurrer to, § 990. How made, § 988. If in custody and appearance necessary, to be brought in, § 978. Judgment, of defendant for, § 1200. Made how, § 988. Name of defendant, proceedings when not indicted by true, § 989. Pleading to indictment or information, § 990. Presence of defendant, felony, § 977. Presence of defendant, misdemeanor, § 977. Where, before what court, § 976. ARREST: See Bail. Appearance, failure to make, arrest, § 979. Assistance, may be summoned by person making, § 839. Attorney may visit defendant, § 825. Authority, arrest without lawful, a misdemeanor, § 146. Bail, after release on, §§ 1310-1317. Bail, may arrest defendant for purpose of surrender, § 1301. Bail: See Bail. Breaking doors and windows to make, §§ 844, 845. Breaking windows and doors to retake, § 855. Breaking windows and door to liberate one assisting in makings § 845. Breaking window and doors to liberate one's self after entering to make, § 845. Civil process, support of prisoner on, § 1612. Conspiracy to, § 182. Conspiracy to indict, § 182. Coroner to order, when and how, §§ 1517-1519. Corporations, summons to issue, service, § 1427. Dead bod}^, of, § 295. Defendant at trial, of, § 1129. Defined, § 834. Delay, defendant to be taken before magistrate with- out, §§ 825, 849. Delay in taking arrested person before magistrate, § 145. Pen. Code— 47 Deposition on examination of prosecutor and witnesses, § 811. Duty of officer arresting with warrant, § 848. Escape, re-arrest of one making, § 854. Examination of prosecutor and witnesses upon infor- mation, § 811. Extradition, §§ 1548-1555. False, § 146. Eelony, when may be made, § 840. Force that may be used, § 843. Fugitives from this state, § 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, 841, 842. Indorsement on warrant for service out of county, what necessary before, § 820. Information, to be laid, when arrest without warrant, § 849. Informing defendant of cause of arrest and authority, § 841. Inhumanity to prisoners, § 147. Judgment, arrest of defendant out on bail, § 1199. Justice 's court, warrant from, issues when, § 1427. Magistrates, who are, § 808. Magistrate, inability to act, taking before nearest mag- istrate, § 824. Magistrate, may orally order, when, § 838. Magistrate, taking before, §§ 821, 824, 828. Magistrate, taking before nearest, §§ 825, 827, 828. Magistrate, taking before another than the one issuing the warrant, §§ 826-828. Magistrate, taking before, no delay in, § 825. Magistrate, taking before, without delay, §§ 847, 849. Misdemeanor, for, when can be made at night, § 840. Money and property, taking from prisoner, §§ 1412, 1413. Night, when and when not may be made at, § 840. Offense triable in another county, proceedings on, § 827. Out of county, §§ 819, 820. Out of county, indorsement on warrant, §§ 819, 820. Out of county, of defendant for misdemeanor, proceed- ings on, §§ 822-824. Out of county, proceedings on taking bail, § 823. Peace officers, who are, § 817. Peace officer may make, when, § 836. Peace, of person threatening a breach of, § 703. Posse comitatus, refusing to join, § 150. Posse comitatus, supervisors authorized to pay expenses of, p. 723, Stats. Private person may make, §§ 834, 837. Private person arresting, duty of, § 847. Process, without, § 146. Eeceipt for money or property taken from person ar- rested, § 1412. Kecommitipent after bail, §§ 1310-1317. Eefusing to aid officer in, § 150. Refusing to make, § 142. Eescued, re-arrest of one, § 854. Restraint, amount of allowable, § 835. Rioters, of, § 727. Search of defendant, § 1542. Telegraph, by, §§ 850, 851. Time when may be made, § 840. Verbal order of magistrate, by, § 838. 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, Warrant indorsed for service in another county, lia- bility of magistrate, § 820. Warrant, indorsement for service in another county, certificate necessary, § 820. Warrant, indorsement of commitment on, § 863. Warrant, justice, form of, when to issue, § 1427. Warrant for, name or description of defendant, § 815. Warrant for, proceedings for offenses triable in an- other county, §§ 827, 828. Warrant for, statement of offense, § 815. Warrant must issue when, § 813. Warrant must be shown, when, § 842. Warrant, person arrested without, taking before mag- istrate without delay, § 849. Warrant, return of to clerk, § 883. Warrant to be directed to and executed by peace offi- cer, § 816. Warrant to be directed to what officers, §§ 818, 819. Warrant to be shown if required, § 842. 740 ARREST— ART. Warrant, without, officer may make when, § 836. Weapons may be taken from arrested person, § 846. Weapons taken to be delivered to magistrate, § 846. Who may make, § 834. Without "authority, § 146. ARREST OF JUDGMENT, appeal .from order respecting, § 1238. Court may order, without motion, § 1186. Defendant, when to be held or discharged, § 1188. Effect of, §§ 1187, 1888, 1452. Failure to state cause of action, § 1012. Grounds for, § 1185. Justice's or police court, in, § 1450. Justice's or police court, in, grounds for, § 1452. Justice 's or police court, in, effect of, § 1452. Justice 's or police court, motion to be made before judgment, § 1450. Motion for defined, § 1185. Motion, without, § 1186. Order for, to be entered, § 1185. Time to make motion, §§ 1185, 1450. Want of jurisdiction, § 1012. ARSON, building defined, § 448. Building, inhabited, defined, § 449. Burning, what constitutes, § 451. Burning defined, § 451. Burning property not subject of arson, punishment of, § 600. Conspiracy to commit, overt act, § 184. Defined, § 447. Degrees of, § 453. First degree, § 454. Inhabited building, what is, § 449. Insured property, burning, § 548. Maliciously burning property not the subject of, pun- ishment of, § 600. Murder in committing, § 189. Night-time defined, § 450. Ownership of building, § 452. Punishment of, § 455. Second degree, § 454. ART, injuring works of, § 622. ARTESIAN WILLS— ATTACHMENT. '.'41 ARTESIAN WELLS, regulating use of and preventing waste of percolating waters, p. 571, Stats. ASSAULT, battery defined, § 242. Caustic chemicals, with, § 244. Caustic chemicals, punishment of, § 244. Crime against nature, to commit, punishment of, § 220. Deadly weapon, with, §§ 245, 246. Deadly weapon, with, by a prisoner, § 246. Defined, § 240. Justice 's court, jurisdiction over, § 1425. Larceny, with intent to commit, § 220. Mayhem, with intent to commit, § 220. Murder, with attempt to commit, §§ 217, 221. Officer, by, under color of authority, § 149. Possession of deadly weapon with intent to, § 467. President, vice-president, governors, federal judges or executive officers, on, p. 582, Stats. Prisoner, by, § 246. Punishment of, §§ 220, 221, 241, 244-246. Rape, with intent to, § 220. Security to keep peace, when committed in presence of court, § 710. Sodomy, with intent to commit, § 220. ASSEMBLY, unlawful, §§ 407-410. See Eiot; Rout. ASSESSMENT: See Tax. ASSESSOR: See Tax. False name, giving, § 429. False .statement respecting taxes, § 430. List of property, refusal to give, § 429. Obstructing collection of taxes, § 429. Refusing to give true name, a misdemeanor, § 429. ASSIGNATION, letting or keeping house of, a misdemeanor, § 316. ASSIGNEE, in trust, when guilty of embezzlement, § 506. ASSIGNMENT, by debtor to defraud, § 154. ASSOCIATIONS, wtaring badge of without right, a misde- meanor, § 538b. ATTACHMENT, dead body, of, § 295, ATTACHMENT— ATTORNEY. Levy without process, § 146. Lottery, of property offered for disposal in, § 325. ATTEMPT TO COMMIT CRIME, on trial for offense, jury may convict of, § 1159. Punishable how, §§ 664, 665. Punishable, when, §§ 663, 665. Rescue of prisoner, attempt to, punishment of, § 101. Second offense, § 666. To escape from state prison, § 106. To escape from other than state prison, § 107. To kill, §§ 216, 217. ATTENDANCE of witnesses compelled, §§ 1326, 1330, 1513. See Appearance. ATTORNEY, advertising or holding one 's self out as, a misdemeanor, § 161a. Appointment of to defend defendant, § 987. Argument of, in trial of sanity, § 1369. Argument on appeal, §§ 1252-1254. Argument, order of, § 1093. Arraignment, counsel, defendant to be informed of right to, § 987. Arrested person, counsel may visit, § 825. Buying demands, § 161. Buying suits, § 161. Cannot defend prosecutions instituted by themselves, §§ 162, 163. Capper for, is vagrant, § 647. Champerty, § 161. Collusion by, § 160. Common barratry defined, § 158. Common barratrj^, how punished, § 158. Common barratry, proof of, § 159. Deceit by, § 160. Defendant entitled to, § 686. Delaying suit by, § 160. Embezzlement, when guilty of, § 506. Fees, wrongfully receiving, § 160. Maintenance and champerty, § 161. Misconduct of, § 160. Moneys, wrongfully receiving, § 160. Number of, who may argue, § 1095. Partner, suit carried on by, cannot defend, §§ 162, 163. Preliminary examination, right to counsel, §§ 858, 859. ATTORNEY— BAIL. 743 Prosecution instituted by attorney or his partner, can- not defend, §§ 162, 163. Suit formerly carried on by, may not defend, §§ 162, 163. ATTORNEY-GENERAL, governor may require opinion from, § 1219. Liable to impeachment, § 737. Power to discontinue or abandon prosecution, § 1386. AUCTION, mock, § 53.5. AUCTIONEER, acting as unlawfully, § 436. Forfeiture of license for holding mock auction, § 535. AUDITOR, to draw warrant for expenses of jury, § 1136. AUTHOR, libel, § 254. AUTHORITY, assault under color of, § 149. Joint, majority may exercise, § 7. Officer arresting without, § 146. AUTOMOBILE, temporarily taking without consent, a mis- demeanor, § 499b. Temporarily taking without consent, punishment of, § . 499b. AUTREFOIS ACQUIT OR CONVICT: See Former Jeopardy. BAIL: See Arrest; Undertaking. Admission to, defined, § 1268. Allowance of, defendant to be discharged on, § 1281. Another county, proceedings on giving bail in, § 984. Appeal, bail may be given uj)on, when, § 1273. Appeal, on, how put in, and conditions of, § 1292. Appeal, on, qualifications of, § 1292. Appeal, on, when allowed, § 1272. Appeal, on, who may admit to, § 1291. Appearance, failure to make, bench-warrant, § 979. Appearance, failure to make, forfeiture, § 979. Arraignment, increase of, § 985. Arraignment, proceedings on giving bail in another county, § 984. Arrest of defendant appearing at trial, § 1129. Arrest of defendant for purpose of surrender, § 1301. Bench-warrant, directions in as to taking and amount of bail, § 982. Bench-warrant, duty of sheriff where offense not bail- able, § 982. Bench-warrant to defendant out on, nonappearance, § 979. Conviction, bail after upon appeal, when given, § 1273. Conviction, bail niay be given before, when and for what purposes, § 1273. Commitment, order for bail on, § 875. Death, admission to bail on habeas corpus where of- fense punishable with, § 1286. Death, defendant to be given into custody if offense punishable with, § 1285. Death, offense punishable with wlien onlv bailable, § 1270. Defined, §§ 1268, 1269. Deposit after bail given and before forfeiture exon- erates bail, § 1296. Deposit, instead of, §§ 1295-1297. Deposit instead of, effect of dismissal of action, § 1384. Deposit instead of, forfeiture on failure to appear, § 979. Deposit, instead of, forfeiture of payment into treas- ury, § 1307. Deposit, instead of, to be applied to fine, § 1297. Deposit, refunded on demurrer sustained, when, § 1009. Deposit, refunding when judgment reversed on appeal, § 1262. Deposit, refunding when defendant surrendered, § 1302. Deposit, return of on commitment of defendant, § 1166. Deposit to be applied in payment of judgment and fine, § 1297. Deposit, when and how made, § 1295. Deposit, when forfeited, how disposed of, § 1307, Discharge of defendant on allowance of, §§ 823, 1281. Discretion, as a matter of, § 1272. Dismissal of action, effect of on bail, § 1384. Examination as to sufficiency of, § 1280. Exonerated where demurrer sustained, when, § 1009. Exoneration of, by deposit, § 1296. Exoneration on commitment of defendant, § 1166. Exoneration of, when judgment reversed on appeal, § 1262. Failure to give, taking before magistrate, § 824. False personation in giving, § 529. Fine, bail upon appeal in case of, § 1273. Forfeited, if defendant fails to appear, § 1305. Forfeiture of deposit, payment into treasury for non- appearance, § 1307. Forfeiture for nonappearance may be discharged, when, § 1305. Forfeiture of, action by district attorney against bail, § 1306. Forfeiture of, discharge of, on subsequent appearance, § 1305. Forfeiture of, enforced by action, § 1306. Forfeiture of, in what cases, and how ordered, § 1305. Forfeiture of, where defendant does not appear at judgment, § 1195. Forfeiture on failure to appear, § 979. Form of the undertaking, § 1278. For what may be given, § 1273. Fugitive from justice, admission to bail, § 1552. Fugitive from justice, readmission to bail by superior court, § 1556. Fugitive from justice, superior court may cancel bail, § 1556. Fugitive from justice, to be discharged from bail, when, § 1555. Habeas corpus, bail on, §§ 1286, 1489, 1491. Habeas corpus, for purpose of giving, § 1489. Habeas corpus, admitting petitioner to bail pending ap- plication for, § 1476. Increase of, §§ 985, 1289. Increase of, ordering commitment until given, § 1289. Indictment, on, code provisions applying to, § 1288. Indictment, on, discharge of defendant, § 1288. Indictment, on, form of undertaking, § 1287. Indictment, on, increase or reduction of, § 1289. Indictment, on, justification of, sureties, § 1288. Indictment, on, qualifications of sureties, § 1288. Indictment, on, when offense capital, defendant to be given into custody, § 1285. Indictment, on, when offense not caintal, to be taken before magistrate for, § 1284. Insane person, commitment of, exonerates bail, § 1371. Judgment, bail to appear for, on postponement of, § 1449. Justice's or police court, in § 1458. Justify, bail must by affidavit, § 1280. Magistrate who may admit to, §§ 1277, 1291. May be given for what, § 1273. Misdemeanor, defendant to be taken before magistrate issuing warrant for, § 829. Notice of application for, § 1274. Offenses bailable after conviction and upon appeal, § 1272. Offenses bailable before conviction as matter of right, § 1271. Offenses punishable with death, when only bailable, § 1270. Out of county, of defendant arrested for misdemeanor, §§ 822, 823. Out of county, of defendant triable, § 829. Postponement, admission to bail in case of, § 862. Preliminary exa'mination, at, order for, § 875. Preliminary examination, for appearance at, § 1273. Preliminary examination, on postponement of, § 862. Proceedings on taking from defendant arrested in an- other county, § 823. Put in how, § 1278. Qualifications of, § 1279. Qualifications of, examination as to, § 1280. Qualifications, justification by affidavit, § 1280. Kecommitment after, admitting to bail, §§ 1313-1317. Recommitment after, arrest in any county, § 1312. Eecommitment after, bail given on, qualifications of, § 1317. Recommitment after, bail by whom may be taken, § 1315. Recommitment after, contents of order for, § 1311. Recommitment after, form of undertaking upon, § 1316. Recommitment, if for failure to appear, defendant to be committed, § 1313. Eecommitment after, in what cases ordered, § 1310. Recommitment after, whether may again be admitted to bail, § 1314. Reduction of, § 1289. Reduction, notice of application to be served on dis- trict attorney, § 1289. Right, as a matter of, §§ 1271, 1272. Sureties, two, § 1278. BAIL— BEACON. 747 Surrender of defendant, refunding deposit, § 1302. Surrender of defendant, when, how, and by whom made, § 1300. Taking of, defined, § 1269. What purposes may be given for, § 1273. Where defense triable out of county, § 829. BAILEE, embezzlement by, § 507. BALLAST, obstructing navigation by throwing overboard, § 613. BALLOT: See Elections. BANK, insolvent, receiving deposits, § 562. Savings bank officer overdrawing, § 561. BANKER, when guilty of embezzlement, § 506. BAR: See Former Jeopardy. Demurrer, allowance of as a bar, § 108. Dismissal is in misdemeanor but not in felony, § 1387. Order setting aside indictment or information is not, § 999. BARBER, keeping open on Sunday or holiday after twelve a misdemeanor, § 310^/^. Working as, on Sunday or holiday after twelve a mis- demeanor. § 310%. BARRATRY, common, defined, § 158. Common, how punished, § 158. Oomraon proof of, § 159. BATHHOUSE, keeping open on Sunday a misdemeanor, § 3101/2- BATTERY, defined, § 242. Jurisdiftion of justice's court over, § 1425. Punishment of, § 243. BAWDY-HOUSE: Sec Prostitution. BAY, obstructing, § 370. BEACON, removal a misdemeanor, § 609. 748 EEACOX— BIGAMY. Mooring vessel to, § 614. Protection of buoys and beacons, p. 573, Stats. BEGGAR is vagrant, § G47. Children, begging by, prevention and punishment of, p. 617, Stats. Children, using as, § 272. BELIi, engineer crossing highway without ringing, § 390. BENCH-WARRANT, after conviction, form of, § 1197. Appear, may issue if defendant does not, § 979. Appear for judgment, failure to, may issue, § 1195. By whom and how issued, §§ 980, 1196. Clerk, when and how may issue, § 93-1. Defendant to be arrested and brought before court, oi 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, § 935. How served, §§ 936, 983, 1198. Issuance on failure to appear, § 979. Issuance of where defendant on arraignment ordered into custody, § 986. Issued to one or more counties, §§ 980, 1197. Judgment, bench-warrant to defendant out on bail, §§ 1195-1198. May be served in any county, § 936. Under indictment or information, form of, § 981. BENEFIT SOCIETIES, wearing badge of, a misdemeanor, § 5431/2. BETTING: See Gambling. Elections, on, § 60. BIAS, challenge for, §§ 1073-1076. Of officer summoning jury, § 1064. BICYCLE, larceny of, § 487. Temporarily taking without consent, a misdemeanor, § 499b. Temporarily taking without consent, punishment, § 499b. BIGAMY defined, § 281. Evidence of, § 1106. BIGAMY— BOARD OF EXAMINERS. 7t£ Husband and wife, competency of as witnesses, § 1322. Jurisdiction of, § 785. Marrying spouse of another, § 284. Punishment, § 283. Who not guilty of, § 282. BIG TREE GROVE, act for protection of, p. 611. BILL: See Legislature. Altering draft of, in legislature, § 83. Altering enrolled copy of, § 84. Making or littering fictitious, § 476. Making to circulate as money, what offense, § 648. Presenting fraudulent to public officer, § 72. BELL OF EXCEPTIONS: See Exceptions. BILL OF LADING, destroying, § 35.5. Duplicate, failure to make duplicate, punishment of, § 580. Erroneous, issued in good faith, § 579. False, § 541. Fictitious, issuing, §§ 577, 578. Fraudulent issue, §§ 577-580. BILL-POSTING on property of another, or on public prop- erty, § 602. BIRD: See Game Law. Killing or injuring in cemetery, § 598. Injuring or destroying nest or eggs in cemetery, a misdemeanor, § 598. BIRTH, fraudulent pretenses as to, to secure property, § 156. BLACKMAILING, § 257. BLUE CRANES, capture and destru''.tion of prevented, § 599; p. 608, Stats. BOARD, bribing, § 165. BOARDING-HOUSE: See Innkeeper. Defrauding, § 5.'>7. BOARD OF DIRECTORS, of state prison, §§ 111, 1573. BOARD OF EXAMINERS, incmlxTS violating laws, guilty of felony, § 441. Expenses of extradition of fugitive, § 1557. 750 BOARD OF HEALTH— BRIBERY. BOARD OF HEALTH: See Public Health. BOARD OF SUPERVISORS: See Supfrvisors. Eeceiving bribe, punishment of, § 165. BOAT, word "vessel" includes, § 7. BODY, DEAD: See Cemetery. BOILER, STEAM, mismanagement of, §§ 348, 349, 368. BOLINAS BAY, act to prevent destruction of fish in, con- tinued in force, § 23. BOND: See Bail; Undertaking. De facto officer not giving, effect of, § 65. Officer acting without having given, § 65. State, acts for issuing of, continued in force, § 23. BOOKS, fraud in keeping accounts of corporation or joint stock company, § 563. Inspection of corporation's, refusal of, § 565. Mutilation of, by public officer, § 76. Obscene, §§ 311-314. Eefusal to deliver to successor in office, § 76. Stealing by officer, § 113. Stealing by one not an officer, punishment, § 114. Withholding from successor by officer, § 76. BOUNDARY, jurisdiction of crime on, § 782. BRAKEMAN, violation of duty, § 393. BRAKES. Compliance with orders of supervisors sufficient, § 369a. Duty of railroad companies to use, § 369a. BRAND, altering, §§ 357, 3571/2. Statute respecting, not affected by code, § 23. BREACH OF PEACE, contempt by, § 166. Jurisdiction of justice 's court, § 1425. Refusing to aid in preventing, § 150. Security to keep peace, §§ 701-714. See Peace. BRIBERY: See Election. Arbitrator, of, §§ 92, 93, 95. Candidate for United States senatorship advancing money for election, § 63. BRIBERY— BRIDGE. 751 Candidate for United States senatorship, receiving money from, § 63a. Common council, of, § 165. Convention, members of, punishment for, § 57. Corporation, trustees of, bribery of, § 165. Defined, § 7. Elections, §§ 53 et seq. Elections, at, §§ 54a, 54b. Elections, bribery at, what acts constitute, §§ 54a, 54b. Executive of3ficer asking or receiving, § 68. Executive officers, of, § 67. Judges, §§ 92, 93. Judicial officers, §§ 92, 93. Jurors, §§ 92, 93, 95. Legislature, candidates for, receiving money from can- didate for United States senatorship, §§ 63, 63a. Legislature, members of, § 85. Legislature, obtaining money to influence vote of mem- ber of, § 89. Legislature, receiving bribe by members of, § 86. Meaning of "bribe," § 7. Members of nominating body, bribery of, § 57. Nominating convention, receiving bribe by member, punishment of, § 57. Office, for appointment to, § 73. . Referees, §§ 92, 93, 95. Supervisors, § 165. Telegraph agent, § 641. Telephone agent, § 141. Trustees, § 165. Witness, § 137. Witness receiving or offering to receive, guilty of felony, § 138. Witness receiving bribe for absenting himself, guilty of felony, § 138. BEIDGE, burning, § 600. Burning bridge over fifty dollars in value, punishment, § 600. Injury to, malicious, § 588. Destroying or injuring, § 607. • Injury to railroad, § 587. Maintaining without autliority, § 386. 752 BRIDGE— BUTTfiR. Toll, crossing without paying, § 389. Toll, fast riding or driving on, § 388. BROKER, false statement to principal, § 536. Embezzlement, when guilty of, § 506. BUILDING, burning, punishment for, § 600. Defined, § 448. Inhabited, defined, § 449. Letting for lottery purposes, § 326. Maliciously destroying or injuring by gunpowder, § 601. Ownership of, in case of arson, § 452. Permitting gambling, in, § 331. Scatfolding, destroying or removing notice of unsafety, a misdemeanor, § 402c. Scaffolding, obstruction of officer in inspection of, a misdemeanor, § 402c. Scaffolding, unsafe, erection of a misdemeanor, § 402c. What deemed to be, § 466. % BUOY, removal, a misdemeanor, § 609. Mooring vessel to, § 614. Protection of buoys and beacons, § 609n; p. 573, Stats. BURDEN OF PROOF, shifting, in homicide, § 1105. BURGLARIOUS INSTRUMENT, guilty possession of, § 466. BURGLARY, burglar as vagrant, § 647. Burglarious tools, guilty possession of, § 4 66. Building, what deemed to be, §§ 459, 466. Conspiracy to commit, overt act, § 184. Defined, § 459. First degree, § 460. Jurisdiction where property brought into county, § 786. Murder in committing, § 189. Night-time, meaning of, § 463. Punishment of, § 461. Second degree, § 460. BURIAL: See Cemetery. BUTTER. Act to prevent deception in sale, § 383a, note. Deception in manufacture and sale of butter and cheese, aci to prevent, p. 574, Stats. Fraud in sale of, a misdemeanor when, §§ 381a, 3€3. Process butter, sale of without label, a misdemeanor, § 383a. BUTTER— CARGO. (53 Oleomargarine: See Oleomargarine. lienovated butter, sale of without label, a misdemeanor, § 383a. Short-weight rolls of butter, act to prevent sale of, p. 574. CALENDAR, clerk to prepare, § 1047. Form of, § 1047. Order of disposing of issues on, § 1048. CAMPERS. Leaving fire burning, a misdemeanor, § 384b. CAMP-MEETING, sale of liquor at, §§ 304, 305. CANAL, malicious injury to, §§ 592, 607. Taking water from, or obstructing, a misdemeanor, § 592. CixNDIDATE, bribery of members of nominating conven- tion, § 57. Circulating or printing circulars injurious to, punish- ment of, §§ 62a, 62b. Communicating unlawful offer in behalf of to voter, a misdemeanor, § 56. Extortion from candidates for office, act to prevent, p. 589. For legislature receiving money from candidate for United States senator, § 63. For United States senate advancing money for elec- tion of legislators, § 63. Offering to procure office for elector, a misdemeanor, § 55. See Elections. CANDY, adulterating, § 402a. CAPITOL, liquor, sale of, in vicinity, § 172. Liquor not to be sold in state capitol building, p. 623, Stats. CAPPER is a vagrant, § 647. CAPTAIN of vessel importing convict, § 173. Willfully destroying vessel, § 539. CARCASS, putting in streams, highways, etc., § 374. CARGO, destruction of, by officer, § 539. Pen. Code— 48 754 CARICATURE— CARTOON. CARICATURE, offense of publishing, where tried, § 258. Publishing forbidden, § 258. Publishing of, punishment of, § 258. Who liable for publication, § 258. CARRIER: See Railroad. Bill of lading: See Bill of Lading. Bill of lading, destroying, § 355. Bill of lading, etc., fraudulent issue, §§ 577-580. Bill of lading, false, § 541. Defacing marks on wrecked property, § 355. Embezzlement, when guilty of, § 505. False manifest invoice, ship 's register, or protest, pun- ishment of, § 541. Fish, regulations governing transportation and pun- ment for violation, § 632a. Game, transportation of, regulations governing and pun- ishment for violating, § 627b. Game, transporting out of Ltate without permit a mis- demeanor, § 627a. Game, shipment of, to be labeled, when, § 627b. Hypothecating property received for transportation, § 581. Larceny of tickets, §§ 493, 494. Passenger, refusing to receive, § 365. Pledge of property received for transportation, §§ 581- 583. Police, appointment of, to serve on railroads, steam- ships, etc., p. 652, Stats. Refusal to sell passage tickets for foreign country, punishment of, p. 591, Stats. Selling property received for transportation, §§ 581, 583. CARRIERS OF PASSENGERS. Brakes or fenders, com- pliance with orders of supervisors sufficient, § 369a. Brakes and fenders, failure to use a misdemeanor when, § 369a. Ticket, pass, etc., for fare, forging, altering, etc., pun- ishment, § 481. Tickets, pass, etc., restoring with intent to defraud, punishment, § 482. CARTOON, publishing libelous, § 258. See Caricature, § 258. CARTRIDGES— CHANGE OF VENUE. 755 CARTRIDGES, troops suppressing riot, § 729. Use of blank, in suppressing riot, § 731. CASK, refilling, bearing trademarks, § 354. Stamping weiglit falsely, § 554. CATTLE, altering brands of, §§ 357, 357%. CAUCUS: See Bribery; Elections. CAUSTIC CHEMICAL, assault with, § 244. CEMETERY, arresting dead body, § 295. Attaching dead body, § 2i5. Bird's nest, or eggs, injuring in, is misdemeanor, § 598. Bodies, disinterment of, § 290. Bodies, exhumation and removal of, regulation of, p. 654, Stats. Bodies, mutilation or removal of, § 290. Body, who entitled to custody of, § 294. Burial, punishment for neglecting, § 293. Burial, who are charged with duty of, § 292. Dissection, removal of body for, § 291. Injuring shrubbery, fences, etc., a misdemeanor, § 296. Interments, unlawful, § 297. Killing or injuring birds in, § 598. Monument, defacing, § 296. Removal of body a felony, § 291. Tomb, defacing, § 296. Unlawful interment, § 297. CERTIFICATE, false, by public officer, § 167. Fire department, of officers of, § 649. Making of, when complete, § 124. Of officer, to false jury list, "§ 117. Of exemption, officer of fire department issuing false, § 649. Of magistrates on depositions, § 1394. Of probable cause, §§ 1243-1245. CHALLENGE: See Jury; Grand Jury. CHALLENGING TO FIGHT, disturbing peace, § 415. . See Duel; Prize-Fight. CHAMPERTY, § 161. CHANGE OF VENUE: See Venue. 25 756 CHARGE— CHILD. CHARGE: See Instructions. CHARITABLE CORPORATION, committing infant delin- quents to, § 1388. CHATTEL, persona] 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, § .538. Removal, sale or further encumbrance, punishment of, § ^338. Transferring or disposing of property without consent, larceny, § 537. CHEAT: See False Personation; False Pretense; Fraud. Conspiracy to, § 182. False weights and measures, §§ 522-555. Indictment or information, § 967. Selling land twice, § 533. CHECK, forgery of, § 470. Making or uttering fictitious, § 476. Making, to circulate as money, § 648. CHEESE, fraud in sale of, § 381a. Deception in manufacture and sale of butter and cheese, act to prevent, p. 574. CHEMICALS, caustic, assault with, § 244. CHIEF JUSTICE liable to impeachment, § 737. 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, p. 614. Begging by, prevention aud punishment of, p. 617 Stats. Cruelty to, incorporation of societies for prevention of p. 612, Stats. ' False pretenses as to birth of, § 156. Hiring of, for public exhibitions, § 272. Incapable of committing crime, when, § 26. Intoxicating liquors, selling or giving to, pp. 619, 620 Stats. CHILD— CLERK. 757 Necessaries, omitting to provide with, § 270. Permitting use of, for mendicancy, a misdemeanor, 8 272. ^ Saloon or place where liquor sold, not permitted in, p. 617, Stats. Substituting one fer another, § 1.57. fiHILD-STEALING, §§ 278, 784. Jurisdiction of, offense of, § 784. CHINESE, bringing into the state, §§ 174, 175. (Corporations not to employ, §§ 178, 179. Employment of, a misdemeanor, § 179. Houses of ill-fame of, acts continued in force, § 23, Fishing, prohibited from, p. 603, Stats. Importation of Chinese women for immoral purposes, § 266c; p. 653, Stats. Second conviction of corporation for employing, § 179. Separate offense for each one landed, § 175. CHLOROFORM: See Drugs. CITIZENSHIP, restoration to, when prisoners discharged, § 1593. CITY, acts consolidating cities and counties, continued in force, § 23. CIVIL DEATH of convict, §§ 673-675. Conveyances by prisoner, § 675. Witness, prisoner as, § 675. CIVIL REMEDIES, preserved, § 9. CLAIM, presenting fraudulent to public officer, § 72. CLERK, appeal, duties on, § 1246. Calendar, to prepare, § -1047. Disclosing fact of indictment, § KiS. Duty in regard to money, etc., taken from prisoner, § 141.3. Duty of, on appeal taken, § 1246. I'^mbezzlement, when guilty of, § 508. Failure to pay over fines and forfeitures a misde- meanor, § 427. Of state prison, duty of, § 1578. To prepare calendar, § 1047. To record what, with judgment, § 1207. 758 COAL— COMMMISSION. COAL, false weight, giving, § 555. COAL TAR, discharging into waters, a misdemeanor, § 3741/^. COCAINE: See Drugs; Narcotics. ^ CODEFENDANTS, as witnesses, § 1099. ]Must unite in challenges, § 1056. CODES, acts punishable by diflPerent provisions of, § 654. Cited how, § 24. Civil remedies preserved, § 9. Construction of particular words in, § 7. Construed liberally, § 4. Continuation of existing law, § 5. Designated how, § 24. Divisions of, § 1. Effect of, on past offenses, § 6. Extraterritorial force of, § 27. No offense punishable except as prescribed in, § 6. Eetroactive, not, § 3. Sections declaring crimes punishable, dutv of court, § 12. Statutes continuing in force, enumeration of, § 23. Takes effect when, § 2. Title of, § 1. Words in construction of, § 7. CODICIL, will includes, § 7. COIN, counterfeiting, § 477. Possessing or receiving counterfeit, § 479. See Counterfeiting. COLLISION, negligent death from, punishment, § 369. COLLUSION, attorney, by, § 1-60. Superintendent of 'State printing, by, § 100. COMMANDER-IN-CHIEF, calling troops into service to suppress riot, duty and liability, § 731. COMMISSION: See Deposition. Application, affidavit for, what to state, § 1352. Application, notice of, § 1353. Application, to be made on affidavit, § 1352. Application, to whom made, § 1353. COMMISSION— COMMITTEE. 759 Copies to be furnished on payment of fees, § 1361. Defendant may apply for order to examine, ' when § 1350. ' ' Defined, § 1351. Deposition, reading in evidence and obiections to S 1362. ' * Directions as to return of, § 1356. Duties of commissioner, § 1357. How executed, § 1357. How returned, §§ 1358, 1359. How returned when delivered to agent, § 1358. How returned when agent to whom delivered dead or ill, § 1359. How, when, and where filed, § 1360. Interrogatories and cross-interrogatories, preparation and service, § 1355. Interrogatories and cross-interrogatories, presentment and allowance, § 1355. Order for, when to issue, § 1354. Stay of proceedings pending return, § 1354. To be open for inspection, § 1361. Witness out of state may be examined on, when, § 1349. COMMISSION MERCHANT: See Taetor. COMMITMENT, defendant under bail appearing at trial, commitment of, § 1129. Form of, §§ 863, 872, 877. Fugitives, of, from justice, §§ 1550, 1551. How made, and to whom delivered, § 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. Postponement, for examination, § 862. Order for where offense not bailable, § 873. Order for bail on, § 875. Preston School of Industry, pp. 657 et scq. Preston School of Industry, commitment to, p. 686, Stats. To whom made in absence of peace officer, § 863. When and how made, § 872. When defendant on bail appears for trial, § 1129. Whittier State School, p. 669, Stats. Whittier State School, commitment to, p. 686, Stats. Witness refusing to give security, § 881. COMMITTEE, influencing member not to attend meeting, § 85. 760 COMMON BARR \TRT— CONSIGNEE. COMMON BAERATPvY, §§ 158, 159. COMMON CARRIER: Sec Carrier. COMMON COUNCIL, bribery of, § 165. COMMON LAW. rule of, strict construction not applicable, § 4. COMMUNICATION, unauthorized, with convict, § 171. COMMUTATION by governor, in general, §§ 1417-1422. Prisoner may earn, §§ 1590, 1591. COMPLAINT: See Information; Accusation. Before magistrate, of threatened offense, § 701. See Supervisors. Crueltv to animals, in case of, issuance of warrant, § "5993. Defined, § 806. Deposition of prosecutor and witnesses on, § 811. Examination of prosecutor and his witnesses onj § 811. Justice 's or police court, in, § 1426. Proceedings on filing of, before magistrate, § 811. 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, § 1378. Order thereon bar to another prosecution, § 1378. Public offense cannot be compromised, except, § 1379. CONCEALMENT of property by debtor, § 154. Of property' by defendant, § 155. Of person charged with crime, § 32. CONCUBINAGE, enticing or taking awav woman for, § 784. CONDUCTOR of train, intoxication of, § 391. Violation of duty by, § 393. CONFLICT OF LAWS, offense committed out of state, §§ 27, 655, 778. CONSANGUINITY, juror's, disqualifies, § 1074. CONSENT, age of, in case of rape, § 261. CONSIGNEE, false statement by, § 536. CONSPIRACY— CONTEMPT. 76. CONSPIRACY, arrest, to, § LS2. Cheat, to, § 182. Defined, § 182. Defraud, to, § 182. Disguise, wearing forbidden, § 185. Enumeration of acts constituting, §§ 182, 183. Evidence to prove, § 1104. Indict, to, § 182. Indictment or information, allegations in, § 1104. Indictment, or information, alleging overt act, § 1104. Meaning of, limited in disputes between employer and employee, p. 581. - Overt act, when necessary, §§ 184, 1104. Punishment, § 182. Telegraph message, respecting, § 474. To cheat or defraud, indictment or information for, § 967. To commit act injurious to public health or morals, § 182. To commit any crime against president, vice-president, any governor, or federal judges or executive secretaries, p. 582, Stats. What not punishable, § 184. CONSTABLE, neglecting to pay over fines, § 427. Peace officer, sheriff is, § 817. Purchasing judgment, § 97. Suffering prisoner to escape, § 108. Warrant of arrest directed to, § 818. Eefusal to receive or arrest person charged with crime, § 142. CONSTRUCTION, code continuation of existing law, § 5. Code, effect of, on past offenses, § 6. Code liberally construed, § 4. Phrases, in general, § 7. Technical words, § 7. VAords, in general, § 7. Words, of particular, § 7. Words used in indictment or information, §§ 957, 958. CONTAGIOUS DISEASE, exposing infected aiiiinal, § 402. Ivxposiiig infected person, § 394. CONTEMPT, affidavit as to punishment to be imposed on |)risoncr, § 1()G. Breach of peace, § J(i(). Code preserves power to punish, § 11. 762 CONTEMPT— CONVICT. Criminal, enumeration of acts constituting, § 166. Grand juror acting after cliallenge, § 900. Mitigation of punishment, § 658. Process, disobedience to, § 166. Publication of inaccurate proceedings of court, § 166. Punishment for as mitigation on sentence, § 658. Punishment of where act a crime, § 657. Eeferee, before, § 166. Refusal of witness to be sworn or to testify, § 1331. Resisting execution of process, § 724. Subpoena, disobeying, § 1331. Testimony as to punishment to be imposed on prisoner, § 166. Witness, by, § 166. CONTINUANCE and discharge from custody, § 1383. Ordered, when and how, § 1052. See Adjournment. CONTRACT, officer illegally interested in, § 71. CONTROLLER, violating duties a felony, § 441. Impeachment, liable to, § 737. CONVENTION: See Election. CONVERSION, receiving property under false charactei for purpose of, § 530. CONVEYANCE, civilly dead, by one, § 675. Fraudulent, §§ 154, 531. Forgery of, § 470. Married person, by, under false representations, § 534 Twice selling, § 533. CONVICT, civil rights of, suspended, § 673. Civil death of one imprisoned for life, § 674. Commutation of sentence may be earned, §§ 1590, 1591; p. 702, Stats. Conveying property^, § 675. Costs of trial of, for crimes committed in prison, p. 588, Stats. Costs of trial of escaped convicts, p. 588, Stats. Credits for good behavior, §§ 1590, 1591; p. 702, Stats Cutting hair of prisoner, p. 719, Stats. Enceinte, proceedings where prisoner is, §§ 1225, 1226. Fine may be imposed on, § 672. CONVICT— CONVICTION. 76S Foreign, importing, distinct offenses, § 175. Forfeitures by, § 677. Importing, §§ 173, 175. Imprisonment for life, discretion as to sentence, § 671. Imprisonment, term of, when commences, § 670. Insanity, proceedings in case of, §§ 1221, 1224. Person of, protected, § 676. Person of, punishment for injury to, § 676. Photographs and description to be given sheriffs and chief of police, p. 583, Stats. Stone-cutting by, forbidden, § 1588. Transportation of, to state prison, § 1586. Unauthorized communication with, § 171. Witness, as, § 675. See Prisoner. CONVICTION, corporations, of, fine how collected, § 1397. Defendant can be convicted of but one offense charged in indictment, § 954. Felony, of, ground of challenge to juror, § 1072. Fine, imposing upon conviction where no fine prescribed, § 672. Foreign, effect of, § 656. Foreign, for former offense, effect of, § 668. Forfeiture of property not worked by, § 677. Former: See Former Jeopardy. Higher offense, effect of, § 1023. How obtained, § 689. Impeachment, two-thirds necessary to conviction on, § 746. Judgment on: See Judgments. Judgment of cannot be entered on informal verdict, § 1162. Jury to find on charge of previous, § 1158. Lesser offense or attempt of, § 1159. No one to be convicted except after what proceed- ings, § 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, § 1445. Public officers, of, proceedings on, § 769. Eeasonable doubt as to degree convicts only of low- est, § 1097. Second offense, how punished, § 666. 764 CONVICTION— CORONER. Two or more crimes, term of imprisonment commences, when, § 669. Verdict on plea of former, § 1151. CONVICT-MADE GOODS, sale of, § 679a. Stone-cutting, etc., by prisoners prohibited, § 1588. See Prisoners. COPYRIGHT. Opera, unpublished or uncopyrighted, pun- ishment for performing without consent, § 367a. Opera, unpublished or uncopyrighted, punishment for sale without consent, § 367a. Unpublished or uncopyrighted opera, performance with- out consent a misdemeanor, § 367a. Unpublished or uncopyrighted opera, sale of without consent, a misdemeanor, § 367a. CORONER, assistants in cities and cities and counties over one hundred thousand, p. 586, Stats. Chemical and post-mortem examinations, p. 585. Custody of body, when entitled to, § 294. Duty, when informed of death, § 1510, Exhumed, body to be when, § 1510. Expenses of inquests in state 's prison, payment of, p. 720, Stats. Inquest, adjournment of, § 1511b. Inquest, but one to be held, § 1511a. Inquest, but one to be held where several killed by same cause, § 1511a. Inquest, hearing and deliberation, § 1511b. Inquest, jury to view bodv before proceeding with, § 1511b. Inquest, second inquest where mistake in identity of body, § 1511a. Jury, challenge to jurors not allowed, § 1510. Jury, exemptions from duty, § 1510. Jury, number of, § 1510. Jur}-, qualifications of jurors, § 1510. Jury, when to be summoned, § 1510. Jury, who not to act as juror, § 1510. Oath of jurors, § 1511. Physician may be summoned, § 1512. Physicians and surgeons, attendance and compensation, p. 585, Stats. Physicians to perform autopsies in counties of first class, p. 583, Stats. Post-mortem examination, § 1512. CORONER— CORPORATION. ' i6i Eecognizauces taken by to be filed, § 1515. Refusing to arrest or remove party charged with erinie, § 1-12. San Francisco, act in relation to coroners in, §§ 1510, 1511, 1511a, 1511b, 1512, 1514a, 1515, note. San Francisco, coroners in, p. 586, Stats. Stenographer in cities and counties over one hundred thousand, p. 584, Stats. Subpoenas, may issue, § 1512. Testimony to be reduced to writing, § 1515. Testimony, where filed or delivered, §§ 1515, 1516. Verdict to be in writing, § 1514. Verdict, what to contain, § 1514. Warrant, form of, § 1518. Warrant, service of, § 1519. Warrant, when to issue, § 1517. Witness, compelling to attend, § 1513. Witnesses, binding over to appear before grand jurv S 1514a. Witnesses, compelling attendance of, § 1513. Witnesses, may subpoena, § 1512. Witnesses, punishment for disobedience of subpoena, § 1513. Witnesses, testimony to be written and filed with county clerk, § 1515. Witnesses, who to be examined as, § 1512. Witnesses, summoning and examining, § 1512. CORPORATION, accounts, fraud in, § 563. Act to protect stockholders and persons dealing with, § 564, note. Appearance on indictment, § 1396. Appearance, failure to make, proceedings on, § 1396. Appearance, time for, § 1390. Banking: See Bank. Bribing trustees, § 165. Chinese, corporation employing forfeits cliartcr, § 179. Chinese, employment of bv, a misdemeanor, §§ 178, 179. Cruelty to animals: See Cruelty to Animals. Director absent, when presumed to assent to proceed- ings, § 570. Director at meeting presi.Tned to assent to proceed- ings, § 569. Director, defined, § 572. 766 ' CORPORATION— CORPSE. Directors, guilty of misdemeanor, when, § 560. Director presumed to have knowledge of affairs, § 568. Examination of charge against, § 1393. Examination of charge against, certificate of magistrate and return of deposition, § 1394. Failure to keep books or post notices, a felony, § 56i. False reports by officers or agents a felony, § 564. False report of condition, § 564. False statement by officer a telony, p. 587, Stats. Fine of, and collection thereof, § 1397. Foreign, no defense that corporation is, § 571. Fraud in accounts of, § 563. Fraud, in increasing capital, § 558. Fraud in organizing, § 558. Fraudulent subscription to stock, § 557. Grand jury to investigate, when, § 1395. Infant employees not to be sent to questionable re- sorts, § 1389. Information, district attorney to file, when, § 1395. Inspection of books, refusal of, § 565. Intimidation of employee at election, punishment of, § 59. Labor organization, coercing persons not to join, § 679. Legal dut}-, failure of officer to obey, a felony, § 564. 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 to issue, § 1427. Offense by, summons against, service of and proceedings on, § 1427. Person includes, § 7. Prospectus, unauthorized use of, § 559. Eailway: See Eailroad. Reports of condition, false, § 564. Savings bank, overdrawing deposit by officer a misde- meanor, § 561. Seals of, forgery of, § 472. Summons, service of on, manner of, § 1392. Summons on, service of, time of, § 1392. Summons to, upon information or presentment, § 1390. Summons to, form of, § 1391. Waters, befouling, § 374%. CORPSE: See Cemetery. CORROBORATION— COUNTERFEITING. 767 CORROBORATION of accomplice, § 1111. Sufficiency of, § 1111. CORRUPTLY, defined, § 7. COSTS, escape, of trial for, § 111. Escaped convicts of, trial of, p. 588, Stats. Exj^enses of coroners' inquests in state prison, p. 720. Stats. Justice's court, in, § 1448. Order for prosecutor to pay, § 1447. Posse eommitatus, of supervisors authorized to pay, p. 723, Stats. Trial of convicts for crimes committed in state prison, p. 588, Stats. Trial of persons violating fish law, p. 602, Stats. When prosecutor to pay, § 1448. COUNSEL: See Attorney. COUNTERFEITING, acts amounting to, § 470. Bills and notes, passing or receiving, § 47a. Coin, bullion, etc., § 477. Coin, bullion, etc., possession or receiving of, § 479. Dies or plates, making or possessing, § 480. Dies or plates to be destroyed, § 480. Evidence of, § 1107. Fictitious bills, notes, etc., making, passing, etc., § 476, In general, § 470. Instruments subject of, § 470. Paper money, issuing or circulating, ^ 648. Passing counterfeit matter, § 470. Possessing or receiving counterfeit coin, bullion, etc., § 479. Punishment of, §§ 478-482. Quicksilver stamp, of, § 366. Railroad ticket, check, etc., § 481. Railroad ticket, check, etc., restoring canceled, § 482. Seals of, § 472. Trademark, §§ 350, 353. Uttering counterfeit coin, etc., § 479. littering counterfeit matter, § 470. See Forgery. 768 COUNTY— COURT. BOUNTY, acts consolidating cities and, etfcct <>C c )-\c vm, § 23. Jurisdiction of offense committed du boundaries be- tween counties, § 782. .Jurisdiction wliere offense partly in one county aad partly in another, § 781. Offense committed on boundary between jurisdiction of, § 782. Printing transcripts a county charge, § 1246. COUNTY CLERK: See Clerk. COUNTY JAIL: See Jail. Designating jail of contiguous county where no jail in county, § 1603. Hair cutting of persons convicted of misdemeanor, § 161.5. Revocation or modification of order for confinement in jail of contiguous county, §§ 1603, 1605. Unfit or unsafe, designating jail of contiguous county for confinement, § 1603. COUNTY TREASURER, delivery of unclaimed, stolen, or embezzled jiroperty to, § 1-±11. Receiving deposits of private moneys, § 180. COURT, absence of jury, adjournment during, § 1142. Absence of jurv, deemed open for business until ver- dict, § li42. 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., rec- ords of, punishment of, §§ 113, 114. Juvenile court: See Juvenile Court. May arrest judgment without motion, § 1186. May order reconsideration of verdict, when, § 1161. May appoint counsel in absence of district attorney, § 1130. May make order of dismissal of action, §§ 1382, 1385. COURTS-MARTIAIj— CRIME. 769 COUETS-MAE.TIAL, code preserves authority of, § 11. CBAXES, 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. May make summarv inquiry for mitigation, etc., § 1203. Must decide questions of law, §§ 1124, 1126. Must give judgment on special verdict, how, § 1155. Power of, to restrict argument, § 1095. Proceedings in case where has not jurisdiction, §§ 1113, 1114, 1115. See Justice's Coui't; Superior Court. CRABS, closed season, § 628. Possession, purchase or sale during closed season, § 628. CRAWFISH, closed season, § 628. Possession during closed season, § 628. CREDIT for good behavior of prisoners allowed, §§ 1590, 1591; p. 702, Stats. How forfeited, § 1591. CREDITOR, attempting to defraud, § 154. See Fraud. CRIME: See Felony; Misdemeanor. Accident or misfortune, crime committed through, § 26.. Act not less punishable because a contempt, § 657. Classified, § 16. Confmitted out of state, when pvinisliable within state, § 27. Compounding, § 153. Conflict of laws, § 27. Defined, § 15. Duress, crime committed under, § 26. Felony, defined, § 17. Felonies: See Felony. How prosecuted, § 682. Ignorance as affecting liability, § 26. Infant's liability for, § 26.- Pen. Code— 49 770 CRIME— CRIME AGAINST NATURE. Intent, how manifested, § 21. Intent, want of, § 26. Is felony or misdemeanor, § 16. Jurisdiction of, committed in the state, § 777. Jurisdiction of, commenced out of and completed in the state, § 778. Jurisdiction, committed in railroad train, § 783. Jurisdiction of, committed partly in two counties, § 781. Jurisdiction of, committed on boundary line, § 782. Jurisdiction of, committed on vessel, § 783. Jury to find degree of, § 1157. Lawful resistance to commission of, who may make, § 692. Lawful resistance by party injured, § 693. Lawful resistance by other persons, § 694. Married woman committing under coercion, § 26. Menace, crime committed under, § 26. Misdemeanor, defined, § 17. Misdemeanor: See Misdemeanors. Mistake as affecting liability, § 26. No person punishable except on conviction, § 681. Officer refusing to arrest for, § 142. Out of state, § 27. Prevention of, manner of, § 697. Parties to, classification of, § 30. Persons liable to punishment, § 27. Prosecuted, how, § 682. Punishment, in general, §§ 12, 13, 18, 19. Punishment when no penalty prescribed, § 177. Public officer convicted of, forfeits office, §f 88, 98. Punishable under foreign law, § 655. Eestraint allowed, of person charged with, § 688. Threatening to accuse person of, § 519. Threats, crime committed under, § 26. , Unconsciously committing, liability for, § 26. Unity of act and intent in commission of, § 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 Sodomy. Anj' penetration sufficient to complete, § 287. Assault to commit, punishment of, § 220. Punishment of, § 286.* CRIMINAL. ACTION— CRUELTY TO ANIMALS. 771 CEIMINAL ACTION: See Action. CRIMINAL CONTEMPT, enumeration of acts constituting, § 166. See Contempt. CRIMINAL NEGLIGENCE: See Negligence. CROP, malicious injury to, § 604. CROSSING, omitting to give warning at, § 390. CRUELTY, animals, to: See Cruelty to Animals. Children, to: See Parent and Child. Children, to, apprenticing or selling for illegal or im- moral purposes, p. 614, Stats. Children, to, incorporation of societies for prevention of, p. 612, Stats. Lunatics, to, § 361. Prisoner by officer, to, § 147. CRUELTY TO ANIMALS. Abandoned animals, duty and rights of humane officer, § 597f. Abusing or failure to provide for, § 597. Act to prevent, §§ 597, 597a, 599a, 599b, 599d, notes. Carrying animal in vehicle in cruel manner, § 597a. Carrying animal in cruel manner, seizing and caring for vehicle and contents, § 597a. Complaint, warrant to be issued on, § 599a. Corporation, knowledge and acts of agent, eifect of, § 599b. Docking tail of horse a misdemeanor, § 599d. Duty to kill on notice from officer, § 599e. Failure to kill on notice from officer a misdemeanor, when, § 599e. Fighting, causing, permitting or witnessing, §§ 597b, 597c. Fighting, officer may enter and arrest without warrant, § 597d. Impounded, animals, failure to feed, § 597e. Impounded, right to enter and feed and charge to owner, § 597e. Malicious killing, injury to or maimiflg of, § 597. Meaning of words "animal," "torture," "torment," "cruelty," "owner" and "person," § 599b. 772 CRUELTY TO ANIMALS— DAIRY PRODUCTS. Neglected or disabled animals, duties and power of hu- mane officer, § 597f. Neglecting animal left within inclosure, § 597f. Provisions relating to do not affect what acts, § 599c. Provisions i-elating to, what laws not affected by, § o99e. Act for prevention of, p. 561, Stats. Corporations to prevent, formation, powers and duties of, p. 561, Stats. Use of bristle or tack bur or similar device prevented, p. 569, Stats. CRUELTY TO CHILDREN; See Parent and Child. CUBIC AIR LAW, act relating to, § 401a, note. Number of cubic feet required for each person in lodg- ing-house, § 401a. Number of cubic feet of air for each person, p. 632, Stats. CUSTODY, involuntary servitude, holding one in, § 181. See Involuntary Servitude, Indictment against defendant, not in, proceedings on, § 945. Ordering defendant into an arraignment, § 986. Retaking goods from custody of officer, § 102. DAIRIES. Butter: See Butter. False tests, district attorney to prosecute persons mak- ing, § 381b. False tests, state dairy bureau to prosecute offenders, § 381b. State dairy bureau, duty to supply apparatus for test- ing," § 381b. State dairy bureau, examination and marking of test- ing apparatus, § 381b. State dairy bureau to examine testing apparatus, § 381b. State dairj^ bureau fees for testing apparatus and dis- position of, § 381b. DAIRY PRODUCTS, false tests of, a misdemeanor, § 381a. Fraud in sale of, § 381a. Deception in manufacture and sale, p. 574, Stats. Oleomargarine: See Oleomargarine. Short-weight rolls of butter, sale of, act to prevent, p. 574. DAM— DEATH. Tit DaM, injuring or destroying, § 607. Owner of, failure of to construct fishways, § 637. DAMAGES: See Malicious Mischief. Habeas corpus, growing out of, § 1505. Civil remedy for, § 9. DAYS. Daytime, meaning of, § 7. Night-time, meaning of, § 7. DEAD ANIMAL, putting in stream,, highway, etc., § 374. DEAD BODY: See Cemetery. Arrest or attachment of, a misdemeanor, § 295. DEADLY WEAPON, exhibiting in rude, etc., manner; § 417. Possession of, with intent to assault, § 467. Search of defendant for, may be ordered, when, § 1542. Taking from arrested person, § 846. Using unlawfully, § 417. DEATH, agent to whom commission delivered, proceedings on, § 1359. Assault by prisoner with deadly weapon punishable by, § 246. Bailable, offense punishable with, when only, § 1270. Civil, rights of convicted person suspended, § 673. Collision, from, negligently causing, § 369. Duty of governor on receiving copy of judgment of, § 1219. Duty of judge in parsing sentence of, § 1219. Explosion, negligently causing death, from, § 368. Judgment of, how executed, § 1229. Judgment of, power to sus])end, § 1220. Judgment of, proceedings where defendant becomes insane, §§ 1221-1224. Judgment of, proceedings where defendant pregnant, §§ 1225, 1226. .Judgment of, proceedings where it has not been exe- cuted but remains in force, § 1227. Judgjnent of, transmission of conviction and testimony to governor, § 1218. Judgment of, suspended on a])peal, when, § 1243. Mischievous animal, from, § 399. Murder, within what time to be, § 191. One sentenced to imi)risonment for life civilly dead, § 673. 774 DEATH— DEER. Procuring conviction and execution of innocent person by perjury punishable by, § 128. Punisliment of, liow inflicted, § 1228. Proceeding when convict pregnant, §§ 1225, 1226. Sentence of, when convict insane, §§ 1221, 1224. Unexecuted judgment of, carrying into effect, § 1227. Unexecuted judgment of, order carrying into effect not appealable, § 1227. Sentence of, proceedings where defendant insane, §§ 1221-1224. Warrant of execution on judgment of, § 1217. When offense punishable with, defendant to be given into custody, § 1284. See Civil Death. DEATH SENTENCE: See Judgment. DEATH-WARRANT, on judgment of death, § 1217. Eeturn upon, after execution, § 1230. DEBT, illegally contracted, not invalid, § 567. Evidence of, subject of embezzlement, § 510. DEBTOR, committing acts to defraud creditors, a misde- meanor, § 531. Fraudulently concealing property, § 154. Fraudulent conveyance a misdemeanor, § 531. Fraudulently disposing of property, § 155. DECEIT, attorney, by, § 160. Witness, deceiving, a misdemeanor, § 133. See Fraud-. DECEIVING witness, § 133. DECISION, agreeing to give, punishment of, § 96. Of referee, etc., attempt to influence, § 95. Promise of referee, juror, etc., to give certain, § 96. DEED: See Conveyance. Forgery of, § 470. DEES, destruction prohibited, §§ 626e, 626f. Closed season for, §§ 626e, 62Gl. Mt. Diablo, act to prevent destruction of deer on, p. 608. Possession of between certain dates a misdemeanor, § 626f. DE FACTO OFFICER— DEFENDANT. 775 DE FACTO OFFICER, acting as officer without qualify- ing, effect of, § 66. DEFECTS, indictments, in, effect of, § 960. Pleadings and other proceedings, in, when not ma- terial, § 1404. Writ of habeas corpus, in, immaterial when, § 1495. DEFENDANT, acquittal, detained or discharged after, when, § 1165. Admission to bail: See Bail. Answer, must be allowed time to, § 990. Appeal, in what cases may, § 1237. Appear for judgment, proceedings on failure of - de fendaut to, § 1195. Appearance at verdict, necessary, when and when not § 1148. Arraignment of, for judgment, § 1200. Arraignment of, if in custody, § 978. See Arraignment". Arrest and surrender of by bail, § 1301. Arrest of on bench-warrant, § 1199. Arrested, must be taken before magistrate without de- lay, § 825. Arrested, taken before what magistrate, §§ 821-823. Bail: See Bail. Challenge, must be informed of his right to, § 1066. Challenging, when several defendants must unite in, § 1056. Commission, right of, to examination of witnesses on, §§ 1349, 1350. Commitment for examination, form of, § 863. Commitment of, how made and to whom delivered, § 876. Committed for examination or discharged on bail on postponement, § 862. Committed, when to be, § 872. Corporation as, §§ 1390-1397. Copy of testimony taken before grand jury to be given, § 925. Counsel, entitled to, § 686. Counsel may visit, § 826. Counsel, must be allowed time to procure, § 859. Defense, may show what facts tending to under i)lea of not guilty, § 1020. Definition of, § 685. DEFENDANT. Depositions taken on examination must be read to, § 864. Discharged for want of prosecution, when, § 1383. Discharged if action dismissed, § 1384. Discharged in certain cases, § 1117. Discharged on reversal of judgment, § 1262. Discharged or not, on verdict of acquittal, § 1165. Discharged, when and how, § 871. Discharging to be witness, §§ 1099, 1100. Examination of, w^hen to proceed, § 860. Grand jury not bound to hear evidence for, § 920. Held or discharged on motion in arrest of judgment, § 1188. How brought before court for judgment, §§ 1194, 1195. Impeachment, in, §§ 740-744. Indictment found against defendant not in custody, and proceedings on, § 945. Insanity, proceedings after acquittal on ground of, § 1167. Is who, § 685. Joint acquittal or conviction of one or more, § 970. Judgment, defendant mav show what for cause against, § 1201. Judgment, grounds for not pronouncing, § 1201. Money, etc., taken from, disj^osal of, § 1412. Must be informed of charge and his rights, § 858. Name, not indicated by true, proceedings on arraign- ment, § 989. Name, erroneous, in indictment, inserting correct name, § 953. Office, on removal from, §§ 760-766. Party prosecuted, known as, § 685. Plea to be stated to jury, § 1093. Plead, refusing to, a plea of not guilty entered, § 1024. Pleading on part of, § 1002. Presence of,' at arraignment, necessity of, § 977. Presence of, at judgment, necessity of, § 1193. Presence of, at trial, necessity of, § 1043. Presence of, in justice's court, § 1434. Presence of, necessary in police court, § 1434. Presence of, not necessary on appeal, § 1255. Presence of, on rendering verdict, necessity of, § 1148. Present personallv at trial in police or justice's court, § 1434. Presumption of innocence, § 1096. Proceedings upon verdict of guilty, § 1166. DEFENDANT— DEFINITION. 777 Property, etc., taken from, receipt for, § 1412. Eeasonable doubt as to degree of guilt, verdict in case of, § 1097. Eeasonable doubt as to guilt of, right to acquittal, § 1096. Remanded after verdict against, § 1166. Rights of, § 686. Right of, to conditional examination of witnesses, §§ 1336, 1337. Search of, when ordered, § 1542. Searched in presence of magistrate, when, § 1542. Separate trial of, when jointly charged, § 1098. Speedy trial, right to, § 686. State's evidence, proceedings where one defendant turns, §§ 1099-1101. Surrender of, by bail, §§ 1300-1302. To be present when adjudged guilty of felony, § 1193. Trial, two days to prepare for, § 1049. Unnecessary restraint of, before conviction, not per- mitted, § 688. Verdict as to some, another trial as to others, § 1160. Warrant of arrest for, when issued, § 813. Witness against himself not to be, §§ 688, 1323. Witness, as, §§ 688, 1323. Witness, may be, § 1323. Witnesses may be cross-examined by, § 865. Witnesses may produce, § 866. Witness, neglect of defendant to testify as not to pre- judice, § 1323. Witnesses, right to be confronted with, § 686. Witnesses, right to produce, § 686. Witnesses, must examine in presence of, § 865. DEFENDANT IN IMPEACHMENT, §§ 737-744. DEFENDANT ON REMOVAL FROM OFFICE, §§ 760-766. DEFINITION, arrest, § 834. Arson, § 447. Assault, § 240. Bail, §§ 1268, 1269. Bail, admission to, § 1268. Bail, taking of, § 1268. Barratry, § 158. Battery, § 242. DEFINITION. Bigamy, § 281. Bribe, § 7. Building, § 448. Burglary, § 459. Burning, § 451. Challenge, peremptory, § 1069. Challenge to juror, § 1055. Challenge to panel, § 1058. Commission, § 1351. Complaint, § 806. Conspiracy, § 182. Corruptly, § 7. Crime, § 15. Criminal action, § 683. Defendant, § 685. Depose, § 7. Director, § 572. Duel, § 225. Embezzlement, § 503. Extortion, § 518. False imprisonment, § 236. False weights and measures, § 552. Felony, § 17. Incest, § 285. Indictment, § 917. Inhabited building, § 449. Kidnaping, § 207. Knowingly, § 7. Larceny, § 484. Larceny, petit, § 488. Libel, § 248. Lottery, § C19. Magistrate, §§ 7, 807. Malice, §§ 7, 188. Malice, implied, § 188. Maliciously, § 7. Malicious mischief, § 594. Manslaughter, § 192. Mayhem, § 203. Misdemeanor, § 17. Month, § 7. Motion in arrest of judgment, § 1185. Murder, § 187. DEFINITION— DEGREE OF CRIME. Murder in first degree, § 189. Murder in second degree, § 189. Neglect, § 7. Negligence, § 7. New trial, § 1179. Niglit-t?tne, § 450. Oath, § 119. Panel, § 1057. Peace officer, § 7. Perjury, § 118. Police courts, § 1461. Presentment, § 916. Principals, § 31. Process, § 7. Public moneys, § 426. Public nuisance, § 370. Eape, § 261. Eobbery, § 211. Eiot, § 404. Eout, § 406. Search-warrant, § 1523. Subpoena, § 1326. Trademark, § 353. Trademark, counterfeit, § 352. Trademark, forged, § 352. Treason, § 37. Treason, misprision of, § 38. Unlawful assembly, § 407. Verdict, special, § 1152. Vessel, § 7. Willfully, § 7. Wine, pure, p. 551, Stats. Writ, § 7. DEFORMITY, extortion by threat to expose, § 579. Exhibiting, § 400. Giving appearance of, § 400. DEGREE OF CRIME, arson, § 453. Burglary, § 4G0. Court to determine on plea of guilty, § 1192. Jury to find, § 1157. Larceny, § 486. 7S0 DEGREE OF CRIME— DEPOSIT. Murder, § 189. Ecasonable doubt as to, conviction for lowest, § 1097. BEMUERER: See Indictment; Information; Pleading. Allowance of, new indictment or information, § 1008. Argument on heard, when, § 1006. Arraignment, to indictment or information on, § 990. Bar to another prosecution, if allowed, when, §§ 1008, 1009. Conviction on, § 689. Demurrer or plea, only pleadings allowed defendant, § 1002. Discharge, granted on sustaining demurrer, when, § 1009. Form of, § 1005. Grounds for, enumerated, § 1004. How put in, §§ 1003, 1005. Impeachment, in, §§ 7-43, 744. Judgment on, § 1007. Must be put in in open court, § 1003. Objections that may be taken only by, § 1012. Overruled, proceedings, § 1011. Pleading, as a. § 1002. Put in how, §§ 1003, 1005. Sustained, effect of not ordering resubmission, § 1009. Sustained, proceedings where resubmission not ordered, § 1009. Sustained, proceedings where new information not di- rected, § 1009. Sustained, resubmission ordered, proceedings on, § 1010. Time for, § 1003. Time for hearing, § 1006. To «tate grounds of objection, § 1005. What objections must 'be taken by, § 1012. DEODAND abolished, § 677. DEPOSE includes what, § 7. DEPOSIT, after bail is given and before forfeiture, § 1296. Instead of bail, §§ 1295-1297. Instead of bail, apijlication of to fine, § 1297. Instead of bail, forfeiture of, disposal of, § 1307. Instead of bail, refunding on surrender of defendant, § 1302. DEPOSIT— DEPOSITION. 781 Officer receiving, in insolvent bank, § 562. Ecfnnded on demurrer sustained wlien, § 1009. Eeturn of to clerk, § 883. When add how made, § 1295. When forfeited, how disposed of, § 1307. DEPOSITION: See Perjury. Affidavit for, what to state, § 1352. Agent, commission returned, how, when delivered to, § 1358. Agent unable to deliver, proceedings on, § 1359. Annexing copy of section to commission, § 1357. Application for, made to whom, § 1353. Application for, made on affidavit, § 1352. Commission defined, § 1351. Commission executed, how, § 1357. Commission open for inspection, § 1361. Commission, when may issue, §§ 1349, 1350. Copies to be furnished, § 1362. Dead or insane witness, of § 686. Defect in or want of title, effect of, § 1401. Evidence, may be read in, when, § 1362. Evidence, what objections to questions may be taken, § 1362. , Execution of commission, manner of, § 1357. Filing, when and how filed, § 1360. Inspection, open for, § 1361. Interrogatories, allowed and settled, how, § 1355. Interrogatories and cross-interrogatories, service of, § § 1355. Mailing, § 1357. Nonresident witness, when may be examined, §§ 1349, 1350. Notice of application for, § 1353. Of prosecutor and witnesses upon information, § 811. Order for commission granted, when, § 1354. Preliminary examination, at, examination of and copy- ing, § 870. Preliminary examination, at, by whom, and how kept, § 870. Preliminary examination, at, in lutiiiicide, § 869. Preliminary examination, at, reading oi', § 864. Eeturn by mail, S 1357. Eeturn of commission delivered to an agent, §§ 1358- 1359. 7S2 DEPOSITION— DISCHARGE. Eeturn of commission, direction as to, § 1356. Return of where indictment not found, § 941. Return open for inspection, § 1361. Search-warrant, at examination for, §§ 1526, 1527, 1541. Sick or infirm witness, on hearing in aggravation or mitigation of punishment, § 1204. State, examination of witness residing out of, when may be had, §§ 1349, 1350. Stay of proceedings, § 1354. Subscription to, § 1357. To be delivered to magistrate, hearing, §§ 826, 827, 828. Warrant of arrest, depositions of witnesses, what to contain, § 812. When deemed complete, § 124. Witness conditionally examined, reading of depositions and objections to, § 1345. Witness unable to give security for appearance, admis- sibility of deposition, § 882. DEPUTIES: See Officers. DEPUTY, appointment of, for reward, § 74. DESCRIPTION of convicts about to be discharged to be given sheriffs and chiefs of police, p. 583, Stats. DESTRUCTION of public records, §§ 113, 114. DETAINER, unlawful, § 418. DIES, making or possessing for counterfeiting, § 480. DIGGING on land of another, § 602. DIRECTORS: See Corporations. DISCHARGE, defendant, how discharged, § 871. Defendant, not charged or tried, discharge of, § 1383. Defendant, of, to be a witness, §§ 1099-1101. Defendant to be discharged on bail on postponement, § 862. Defendant, when judgment reversed, § 1262. Defendant, when action dismissed, § 1384, Defendant, on habeas corpus, §§ 1487, 1488. DISCHARGE— DISMISSAL, OF ACTION. 783 Defendant, on verdict of acquittal, discharged when and when not, §§ 1165, 1447. Defendant, after motion in arrest of judgment, when discharged and when not, § 1188, Defendant, when discharged, § 871. Demurrer sustained, defendant discharged when, & 1009. Fugitive from justice, when to be discharged, § 1555. Grand jury, of, § 906. Jury, because fact not an offense, proceedings on, S 1117. Jury, in certain cases, § 1113. Jury, for illness of juror, § 1139. Jury, when they cannot agree, § 1140. Jury, by reason of accident, § 1141. Monday, prisoners to be discharged on, § 28. Eeturn of warrant, undertaking, etc., to clerk, § 883. DISEASE, animal having to be killed, § 402%. Contagious and infectious diseases among animals, act to prevent, p. 571. Exposing infected animals, § 402. Exposing infected persons, § 394. Eemoving prisoners, because of contagious, § 1608. DISFRANCHISEMENT for fighting duel, § 228. For falsifying accounts or embezzlement, §§ 424, 514. Of legislator, for receiving bribe, § 86. DISGRACE, extortion, by threat of, § 519. DISGUISES, wearing, forbidden, § 185. DISINFECTION: See Public Health. DISINTERMENT: Sec Cemetery. DISMISSAL OF ACTION, attorney-general or district at- torney, power to discontinue or abandon prose- cution, § 1386. Bail, effect on, § 1384. Bar in misdemeanor, but not in felony, § 1387. Court to order, when, § 1382. Discharge of defenchant on, § 1384. Discharge of defendant not charged or tried, § 1383, District attorney, on ai)p]ication of, § 1385. 781 DISMISSAL OF ACTION— DISTRICT ATTORNEY. Felony, order for, not a bar, § 1387. Grounds for, § 1382. Indictment or information, on, not an acquittal, § 1021. Juvenile delinquents, probationary treatement of, § 1388. Misdemeanor, order for, when bar, § 1387. MoMon of court, on, § ]38o. No'.le prosequi abolished, § 1386. Prosecution, want of, action dismissed for, when, § 1382. Eeasons of, to be entered in minutes, § 138.5. Eesubniission cannot be had without order of court, § 942. Eesubniission may be directed, § 942. When ordered, § 1382. PISORDERLY CONDUCT, in general, § 415. Legislature, in presence of, § 82. DISORDERLY HOUSE, keeping, § 316. DISQUALIFICATION from holding office for bringing con- traband goods into prison, § 180a. Officer convicted of crime, § 98. Stenographer paying part of fees to judge, § 94. To hold office on engaging in duel, § 228. DISSECTION, removal of body for, § 291. DISTRICT ATTORNEY, absent, court to appoint substi- tute, § 1130. Bail, notice of application for to, § 1274. Bail, action against, where defendant does not appear, § 1306. Dismissal of action on application of, § 1385. Duty of, on inquisition of insanity, § 1222. Duty of, when fugitive arrested, § 1554. Gaming, duty in regard to, § 335. Grand jury, functions and duties of, resiiecting, § 925. Grand jury may order to institute suits for moneys due the county, § 929. Indictment, disclosing fact of, § 168. May move for change of venue where jury not ob- tainable, § 1033. • Notice of application to reduce bail to be served od, § 1289. DISTRICT ATTORNEY— DOVES. 785 Nuisance, public, to prosecute actions for maintain- ing, or permitting, § 373a. Power to discontinue or abandon prosecution, § 1386. Proceedings by, where defendant under judgment of death insane, §§ 1221-1224. Eemoval of, proceedings for, § 771. To file information, when, § 809. To prosecute persons making false dairy tests, § 381b. To open prosecution, § 1093. See Peace. DISTEICT OF COLUMBIA, state includes, § 7. DISTURBING public meeting, §§ 58, 59, 403. Legislature, § 82. Eeligious meeting, § 302. DISTURBING PEACE, § 415. Eefusal to disperse, § 416. Security to keep peace, §§ 701-714. See Peace. DIVORCE, advertising the procuring of, a misdemeanor, § 159a. DOCK, injuring or destroying, § 607. DOCKAGE, collecting unlawfully, § 642. DOCUMENT, destroying, § 617. Fraudulent issue of,- §§ 577-581. Public, forging, stealing, mutilating, etc., §§ 113, 114. Refusal of officer to surrender, § 76. DOG is property, § 491. Larceny of, § 491. Value, how ascertained, § 491. DOUBT, reasonable, defendant entitled to acquittal, § 1096. Reasonable, as to degree, convicts only of lowest, § 1097. DOVES, destruction of between certain months, forbid- den, § 626a. Closed season for, § 626a. Destruction or possession of, a misdemeanor, § 626a. Pen. Code— 50 786 DRAINAGE— DUEL. DRAINAGE, pollution of stream by, a misdemeanor, § 374. DRAMAS: See Copyright. DRUGGISTS: See Poisons. DRUGS, administering, § 222. Adulterated, sale of, § 383. Adulterating, §§ 382, 383. Adulteration of, act providing against, p. 557. Adulterated or tainted, keeping or selling, a misde- meanor, § 383. Animals, act to prevent giving of drugs to, p. 569. Assault with caustic chemicals, § 244. Decayed, sale of, § 383. Druggists omitting to label, punishment of, § 380. Fraud or wrong of druggist, punishment of, § 380. Impure, sale of, § 383. Labeling drugs wrongfully, punishment of, § 380. Meaning of, § 383. Poison, mingling with medicine or food, § 347. Poisonous substances, regulating sale of, p. 641, Stats. Poisonous substances, sale of in violation of statute a misdemeanor, p. 641, Stats. Rape by administering, § 261. Tainted or adulterated, selling or keeping, penalty for, § 383. DRUNKARD, sale of liquor to, § 397. DRUNKENNESS: See Intoxication. As defense to crime, § 22. DUCKS, closed season for, § 626. Possession of during closed season, § 626. DUEL, defined, § 225. Disfranchised, persons fighting, are, § 228. Jurisdiction of offense of, §§ 779, 780. Leaving state with intent to evade laws against duel- ing, § 231. Ofiice, person fighting, disqualified to hold, § 228. Officer 's duty to prevent, § 230. Officer not exerting himself to prevent, punishmeni of, § 230. Out of state, death within, § 779. Posting for not fighting, § 229. DUEI^ELECTION. ■»! Publishing for not fighting, § 229. Punishment for fighting, sending or accepting chal- lenge, § 227. Punishment, when death ensues, § 226. Witness' privilege on case of, § 232. DUPLICATE receipt or voucher to be designated, § 580. DURESS: See Extortion. As affecting criminal liability, § 26. DYNAMITE: See Explosive. EARTH, carrying away, § 602. EDITOR, libel, liability for, § 253. EEL RIVER, act to regulate salmon fisheries in Eel River continued in force, § 23. EIGHT-HOUR LAW, compelling ward or apprentice to work more than eight hours, § 651. Sec Hours of Labor. EJECTMENT, return to take possession after removal, § 419. ELECTION, abetting or aiding fraudulent voting, § 47. Accessories to violation of laws of, § 52. Aiding and abetting offenses against election laws, § 52. Ballot-boxes, interfering with, a felony, § 45. Ballots, adding to, § 48. Ballots, carrying away or destroying, § 45. Ballots, changing by election officers, § 48. Ballots, false printing or circulating, a misdemeanor, § 62. Ballots, fraudulent introduction of, §§ 45, 48. Ballot, fraudulently examining by officer, § 49. Ballots, interfering with, § 45. 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 insix'ctors, § 49. Betting oh, § 60. 26 ELECTION. Board of judges, refusal to be sworn by, or answer questions of, § 43. Board of registration, refusal to obey summons of, § 44. Bribe, receiving by member of nominating conven- tion, punishment of, § 57. Bribery at, punishment of, §§ 54a, 54b. Bribery at, what acts punishable, §§ 54a, 55b. Bribery, members of convention, etc., penalty for giv- ing or receiving bribe, § 57. Bribery of members of legislative caucuses, etc., § 57. Bribery of members of nominating body, § 53. Candidate, bribe to member of convention, etc., punish- ment for giving or receiving, § 57. Candidates, bribery by, §§ 54a, 54b. Candidate, gifts or promises by, punishment, § 54b. Candidates, offenses by, enumerated, §§ 54a, 54b. Candidates, offenses by, punishment of, §§ 54a, 54b. Candidates, pledge by, punishment of, § 55a. Candidate, pledge to convention or nominators, § 55a. Candidate, soliciting vote of, punishment of, § 55a. Caucuses, bribery of members, § 57. Circulars intended to injure candidate, printing or dis- tributing, §§ 62a, 62b. Communicating unlawful offer to voter, § 56. Convention, bribing members, § 57. Convention, receiving gift in connection with candi- dacy, § 54a. Corporation, intimidation of employee by, punishment of, § 59. Corrupting electors, § 53. Deceiving electors, § 53. Defrauding electors, § 53. Disturbing public meetings of, a misdemeanor, § 59. Extortion from candidates for office, act to prevent, p. 589. False registration, § 42. Forging or altering returns, § 50. Furnishing entertainment for electors, § 54. Furnishing money for electors, § 54. Furnishing property for electors, § 54. Inspectors, unfolding or marking tickets, § 49. Intimidating, defrauding, etc., electors, § 53. Intimidation of emplovees by emplover, punishment, § 59. ' » • . ELECTION. m Intimidation of voter, punishment of, § 59. Intoxicating liquors, act to prevent sale of on election day, p. 622. See § 63b. Legislature, bribery of candidate for, by candidate for United States senate, § 63a. L 'slature, bribery of members by candidate for United States senate, §§ 63, 63a. Legislature, evidence of bribery of members by can- didate for United States senate, § 63a. Letters intended to injure candidate, writing, §§ 62a, 62b. Marking ballot by officer, § 49. Meeting of electors, disturbing a misdemeanor, § '59. Nomination, receiving gift in connection with, punish- ment of, § 54a. Offer to voter, communicating, unlawful, § 56. Officer, acting as by one who cannot read or write, pun- ishment, § 49a. Officer attempting to find names on ballots, punishment, § 49. Officer disclosing name of person illegally voted, punish- ment, § 49. Office, offering to procure for electors, § 55. Officers, bribing, deceiving, defrauding electors, § 53. Officer, fraudulent acts of, § 41. Officers, interfering with, § 45. Officer, neglect or refusal to act, § 41. Officer, person acting as without appointment, § 40. Officer permitting poll lists or ballots to be tampered with, § 57a. Officer, refusing to act, punishment of, § 49a. Officer, tampering with ballots, punishment of, § 49. Officer, tampering with poll lists or ballots, punishment of, § 57a. Pamphlets intending to injure candidate, circulating, §§ 62a. 62b. Persons violiitiiig election laws, § 61. Piece clubs, proliibition of, p. 589, Stats. Poll list, carrying away or destroying, §§ 45, 48. Poll lists, interfering with, a felony, § 45. Poll lists, officer permitting tampering with, § 57a. _ Poll lists, officer tampering with, ])unishment of, § r)7a. Poster intended to injure candidate, circulating §!$ 62a, 62b. Primary, bribing members, § 57. ELECTION. Primary, code sections applicable to, § 6414- Public meeting, preventing, § 58. Eefraining to vote through intimidation, § 59. Eefusal to be sworn by or to answer board of judges, § 43. Refusal to obey summons of board of registration, § 44. Eegistration, false, permitting or procuring bv another, § 42a. Registration, false, punishment of, § 42. Registration, fraudulent, § 42. Returns, altering, § 51. Returns, adding to or subtracting from, punishment of, §51. Returns, alteration of, punishment of, § 51. Returns, altering by election officers, §§ 45, 48. Returns, forging or altering, §§ 45, 50. Senator, advancing money by candidate for United States senate, §§ 63, 63a. Tickets, circulating such as do not conform to law, § 62. Ticket, printing illegal, a misdemeanor, § 62. Tickets, violation of election laws as to, § 62. Violation of election laws by persons not officers, § 61. A^ote, attempt to, without being qualified, § 46. Votes, adding to or subtracting from, § 51. Voters, gifts or promises to, punishment for making, § 54b. Voters, interfering with, a felony, § 45. Voters, bribery of, §§ 54a, 54b.' Voters, offenses by, enumerated, §§ 54a, 54b. Voters, offenses by, punishment of, §§ 54a, 54b. Voters, intimidating, corrupting, deceiving or defraud- ing a felony, § 53. Voting, fraudulent, § 45. Voting, fraudulent attempt, punishment of, § 46. Voting more than once, punishment, § 46. Voting, personating voter, punishment of, § 46. Voting, persuading anotlier to vote, fraudulently, § 47. Voting, receiving gift in connection with punishment, § 54a. Voting more than once, § 45. Voting, procuring illegal, § 47. Witness in election case, incriminating testimony of, § 64. Witness in election case, no prosecution against, § 64. Witness in election ease has no privilege, § 64. ELECTOR— EMBEZZLEMENT. 791 ELECTOR: See Elections. ELECTRICITY, larceny of, § 499a. ELECTRIC LINES or apparatus, malicious injury to, § 593. ELECTRIC METER, interfering with, §§ 498, 499a. ELK, killing of, a felony, § 599. Punishment for killing of, § 599. EMBANKMENTS, injuring or destroying, § 607. EMBEZZLEMENT, acts amounting to, by public officer, 5 424. Agent, when guilty of, §§ 506, 508. Allegations of, sustained when,. § 1131. Assignee in trust, when guilty of, § 506. Association, by officer of, § 504. Attorney, by, § 506. Bailee, by, § 507. Banker, by, "§ 506. Bringing embezzled property into state, § 497. Bringing stolen property within state, § 27. Broker, by, § 506. Carrier commits, when, § 505. Claim of title as a defense, § 511. Clerk, by, § 508. Collector, when guilty of, § 506. Corporation, officer or agent of, when guilty of, § 504. County treasurer, delivery of unclaimed property to, § 1411. Custody of the property by peace officer, duty of offi- cer, § 1407, Defined, § 503. Delivery of the property to owner, §§ 1408-1410. Distinct act of taking not necessary, § 509. Evidence of debt undelivered, subject of, § 510. Evidence of debt or right of action, value of, § 514. Evidence to prove, § 1131. Executor, by, § 506. Indictment or information for, § 967. Intent to restore, no defense, § 512. Jurisdiction when property brought into county, § 786. Jurisdiction when committed out of state, gootls brought in, § 789. .792 EMBEZZLEMENT — ENCIENTE. Limitation of action, § 799. Lodger, by, § 507. Merchant, when guilty of, § 506. Officer, wlien guilty of, § 506. Officer, etc., guilty of, when, § 504. Officer, appropriation of money by, punishment, § 424. Officer loaning or making protit out of money, punish- ment, § 424. Officer neglecting to pay over pyblic money, a felony, § 425. Property and money taken from prisoner, and receipt therefor, §§ 1412, 1413. ^ Public funds, of, a felony, § 514. Punishment for embezzlement of public funds, § 514. Public money, what includes, § 426. Punishment of, § 514. Restoration as a ground for mitigation, § 512. Eestoration 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 by, § 508. Society, by officer of, § 504. Taking, distinct act of, § 509. Tenant, by, § 507. Title, claim of, a defense, § 511. Trustee, by, § 506. Various persons, by §§ 506-508. What amounts to, § 504. Written instrument not delivered, of, § 510. EMBRACERY, punishment of, §§ 92, 95. EMIGRATION, act to promote, p. 591. Refusal to sell passage tickets for foreign country, pun- ishment of, p. 591, Stats. EMPLOYEE coercing not to join labor organization, § 679, Paying in saloon, § 680. Tax collector, refusing to give name to, § 434. EMPLOYERS: See Master and Servant. EMPLOYMENT AGENT, duties and liabilities of, p. 592, Stats. ENCIENTE, proceedings when convict is, §§ 1225, 1226. ENGINE— ESCAPE. 798 ENGINE, mismanagement of, §§ 348, 349, 368. ENCLOSURES, entering without permission to hunt, a mis- demeanor, § 602. Acts to prevent entering and hunting upon enclosed lands, §§ 384c, 602, notes. Causing death from negligent management, punish- ment of, § 368. ENGINEER omitting to ring or sound whistle at crossing, § 390. Intoxication of, § 391. Violation of duty by, § 393. ENTICING away for extortion or robbery, § 209. ERROR, immaterial, effect of, § 1404. In form does not affect indictment or information, § 960. ESCAPE, assisting, § 109. Arrest of one making, § 8.54. Attempt to, from state prison, § 106. Attempt to escape, imprisonment for commences when, § 106. Attempt to escape from other than state prison, a mis- demeanor, § 107. Breaking doors, etc., to retake, § 855. Carrying into prison things to aid in, § 110. Costs of trial for, § 111. Costs of trial of escaped convicts, p. 588, Stats. Disguise, wearing to aid escape, § 185. Effect of attempt on credits of prisoner, § 1590. Going at large is, § 1600. Governor may offer reward, § 1547. Homicide in retaking justifiable, § 196. Insurrection, assisting escape during, § 411. Jurisdiction, § 787. Of!icers suffering, § 108. Prison other than state, from, § 107. Punishment of prisoner escaping from state prison, § 105. Refusing to aid in retaking, § 150. 794 ESCAPE— EVIDENCE. Eescue of prisoners, § 101. State prison, from, § 105. ESTATES OF DECEDENTS, appraiser accepting fee not allowed, a misdemeanor, § 653i/^. ETHER: See Drugs; Narcotics. EVIDENCE: See Deposition; Particular Offenses; Witness, Abortion, of, § 1108. Accomplice, corroboration of, § 1111. Acquit, advising jury to, § 1118. Bigamy, of, § 1106. Bill of exceptions to contain what, § 1175. Burden of proof shifting in homicide, § 1105. Challenge of juror, rules of, on trial of, § 1082. Common repute of house of ill-fame, § 315. Concealing, § 135. Conspiracy, to prove, § 1104. Corroboration of accomplice, § 1111. Counterfeiting, of, § 1107. Debt, evidence of: See Evidence of Debt. Depositions, reading in, § 1362. See Depositions. Destroying, § 135. Embezzlement, of, § 1131. Exception may taken to rulings on, § 1170. Extradition proceedings, in, § 1550. False, offering, § 132. False, preparing, § 134. False pretenses, of, § 1110. Falsifying, a felony, § 132. Forgery of, § 1107. Grand jury, before, §§ 919-923. Larceny, of, § 1131. Lottery ticket, respecting, § 1109. Order of introducing, § 1093. Plea of not guilty, under, § 1020. Presumption of innocence, § 1096. Eeputation as evidence of character of house of prosti- tution, § 315. Eules of, same as in civil cases, § 1102. Seduction, of, § 1108. State's, §§ 1099-1101. Treason of, § 1103. EVIDENCE OF DEBT— EXCEPTION. 795 EVIDENCE OF DEBT, personal property includes, § 7. Penalty for officers purchasing, § 71. Purchase of, by attorney, § 161. Subject of embezzlement, § 510. EXAMINATION OF CHARGE. See Preliminary Examina- tion. Allowance of demurrer, examination before magistrate after, § 1008. EXAMINERS, STATE BOARD OF, member, violating laws, guilty of felony, § 441. EXCEPTION, arrest of judgment, to granting or not, § 1172. Amendments to and settlement of, § 1177. Bill of, to be delivered to clerk, §§ 1171, 1174. Bill of, to contain what, § 1175. Challenges, as to, § 1170. Challenge of juror, to, § 1077. Challenge to panel, to, §§ 1061, 1062. Clerk to deliver bill to judge, §§ 1171, 1174. Demurrer, to allowing or not, § 1172. Deposition, to, § 1345. Engrossing, signing and filing, §§ 1171, 1177. Evidence, bill to contain what, § 1175. Piling bill of, §§ 1171, 1174. Grounds for, § 1170. Indictment or information, to order setting aside or not, § 1172. Instruction, to, § 1170. Instructions, how presented for review, § 1176. Instructions need not be embodied in, § 1176. Instructions, written need not be excepted to, § 1176. May be taken in what cases, §. 1170. New trial, to allowing or not, § 1172. • Notice of presentation for settlement, § 1171. Not taken at trial, but which may be taken by both par- ties, § 1172. Not taken at trial, but which may be taken by defend- ant, § 1173. Order after judgment, to making or not, § 1172. Postponement, to refusal of, § 1173. Preparation of, §§ 1171, 1174. Presentment to judge or delivery to clerk, §§ 1171, 1174. Proceedings where trial judge ceases to hold office, S 1174. 796 EXCEPTION— EXECUTION. Question of law, to decision on, § 1170. Eefusal to allow exception, proceedings in case of, § 11^4. Settlement of, §§ 1171, 1174. Settlement of bill after judge 's term of office expires, 1174. Settlement of bill, proceedings on, §§ 1171, 1174. Settlement, time for, § 1171. Settlement, designating time for, § 1171. Settlement of bill by supreme judge, § 1174, Signing bill of, §§ 1171, 1174. Striking matters out of bill by judge, § 1175. Supreme court, application to, to prove bill, § 1174, Testimony, to, § 1170. Time for preparation and settlement of bill, §§ 1171, 1174. Time for presenting bill for settlement, § 1171. Time for settlement of bill, extending, § 1174. Transcript to contain bill of, § 1246. Venue, to refusal to grant change of, § 1173. EXECUTION, affirmed judgment of, § 1263. Authority for, of judgment other than of death, § 1213. Death, judgment of not executed, proceedings to en- force, § 1227. Death, judgment of, transmission of papers to governor, § 1218. Death, warrant and execution upon judgment for, § 1217. Delivery of defendant to warden of prison, under judg- ment for imprisonment, § 1216. Fine and imprisonment, judgment by whom and how executed, § 1215. Fine, judgment executed as in civil case, § 1214. Fine, may issue for, § 1214. • Governor may require opinion of justices as to judg- ment of death, § 1219. Hanging, death penalty inflicted by, § 1228. Hanging, where to take place, § 1229. Hanging, who to be present at, § 1229. / Insane defendant, suspending execution, § 1224. Insane defendant, of, on recovery of reason, § 1224. Insanity of defendant, proceedings to determine, §§ 1221- 1224. Judgment for fine, may issue on, § 1214. Justice's or police judge's judgment of imprisonment, of, § 1455, EXECUTION-EXPLOSIVE. 797 Justice's or police judge's judgment of fine or impris- onment, § 1456. Levy without process, § 146. Pregnancy of female, proceedings to determine, 88 1225, 1226. Prison delivery of defendant to warden, § 1216. Procuring by perjury, § 128. Retaking possession after dispossession by process a misdemeanor, § 419. Return upon death-warrant, § 1230. Seizing property without authority a misdemeanor, § 1^6. Suspension of, power of, where judgment of death, § 1220. Transmission of statement and testimony to governor, in case of death sentence, § 1218. EXECUTIVE, crimes against, §§ 65-77. EXECUTIVE SECRETARY, crime against, a felony, p. 582, Stats. EXECUTOR, embezzlement by, § 506. EXEMPTION, false certificate of, § 649. Coroner's jury from, | 1510. EXHIBITION, deformity, of person, of, § 400. EXONERATION, bail, by deposit, § 1296. EXPERT EVIDENCE. See Witnesses. Forgery, at trial of, § 1107. EXPLOSION, negligently causing death from, § 368. Stcfim-boilers, mismanagement of, causing, §§ 348, 349. EXPLOSIVE, act to protect life and property against care- less use of, §§ 375a, 601, notes. Bringing to or in vicinity of prisons, etc., § 180a. Dynamite, protection of life and property from use of, p. 595, Stats. Dynamite, record of sales to be kept, p. 595, Stats. Endangering or injuring persons or property by, a fel- ony, § 601. ' Endangering or injuring persons or jn-operty b}', punish- ment, § 601. Fishing, using in, § 635. 798 EXPLOSIVE— EXTRADITION. Keeping or carrying in city, § 375. Malicious injury to building by, § 601. Eailroad track, putting on, § 218. Record of sales, failure to keep a misdemeanor, § 375a. Record of sales, failure to keep, cumulative penalties, § 375 a. Record of sales, how and where to be kept, § 375a. Record of sales to be kept, § 375a. EXPRESS COMPANY. Fish, regulations governing trans- portation and punishment for violating, § 632a. Game, transportation of, regulations governing and punishment for violating, § 627b. Game, transporting out of state without permit a misde- meanor, § 627a. EXTORTION, by offer to prevent libel, § 257. Defined, § 518. Judicial officer, by, § 94. Kidnaping, by means of, § 209. Letter, sending complete when, § 660. Letters, threatening, §§ 523, 650. Officer, by, § 70. Officer receiving part of salary or wages of clerk or laborer, p. 634, Stats. Punishment of, §§ 520, 521. Punishment of, when committed under official color, § 521. Railroad officers, overcharges by, § 525. Signature procured by threats, § 522. Threatening letters, sending, § 523. Threats constituting, § 519. Threats, verbal, § 524. What threats may constitute, § 519. EXTRADITION, arrest and commitment, proceedings for, § 1550. Bail, admission to, §§ 1552-1556. Committed, fugitive to be, when and for what time, § 1551. Discharge of fugitive, when, §§ 1555, 1556. District attorney, duty of, § 1554. « Evidence, § 1550. Exemplified copy of proceedings admissible, § 1550. Fee or reward, officer to receive none, § 1558. Fee, receiving, for arresting fugitive, § 144. EXTRADITION— FALSE PRETENSE. 799 Fugitives from another state to be delivered up, when, § 1548. Fugitives from this state, expenses of extradition, § 1557. Notice of arrest to authorities of other state, § 155-4. Notice of arrest to district attorney, § 1553. Proceedings in superior court on return by magistrate, § 1556. Return of proceedings to superior court, § 1556. Reward or fee for services, none, § 1558. Superior court, return of proceedings to, and proceed- ings in, § 1556. Warrant, magistrate may issue for arrest of fugitive in this state, § 1549. FACT, issue of, arises when, § 1041. Issues of, how tried, § 1042. Libel, jury decides both law and fact in, § 1125. Jury to decide questions of, § 1126. FACTOR, false statement by, § 536. FALSE ARREST, § 146. FALSE CERTIFICATE by officer, § 167. FALSE IMPRISONMENT defined, § 236. Punishment of, § 237. FALSE PERSONATION, acknowledgments, § 529. Bail, § 529. Evidence necessary to conviction, § 1110. Instances of, § 529. Marriage under, §§ 528, 1110. Misdemeanor, is, § 650^/^. Money, obtaining under false pretenses, § 532. Money, receiving under- false character, § 530. Obtaining telcgraj)li message by, punishment of, § 621. Property, receiving under false character, § 530. Punishment of, § 529. Receiving money or property through, punishment of, § 530. Surety, § 529. What acts constitute, § 529. FALSE PRETENSE: See False Personation. As to birth of child, § 156. 800 FALSE PRETENSE— FELONY. Certificate of registration of stock, obtaining by fraud, § 537a. Conspiracy to obtain property under, § 182. Evidence 'of, § 1110. False registration of animal, obtaining by a misde- meanor, § 537%. Money or property, obtaining under, § 532. Obtaining money or property by, punishment of, § 532. What necessary to conviction, § 1110. FALSE STATEMENT, principal, false statement to, a mis- (leiiK.'aniir. § 536. FALSE WEIGHTS, MEASURES, in general §§ 552-555. See Weights and Measures. FALSE WHISKERS, wearing, § 185. FALSIFICATION, public records, no limit of time for pros- ecuting, § 799. FALSIFYING accounts bv officer, § 424. Evidence, §§ 132-138.' Records and documents, §§ 113-117. FARCY: See Animals. FARE: See Railroads. FAST DRIVING, § 396. FEDERAL OFFICERS, crimes against certain, p. 582, Stats. FEDERAL PRISONER, committing in county jail, §§ 1601, 1602. Expense, of keeping, § 1581. Receiving and keeping in state's prison, § 1581. FEES: See Officers. Appraiser accepting fee not allowed, a misdemeanor, § 653 Va. Excessive, receiving, § 70. Jurors', § 1143. FELONY, abduction of minor for prostitution, § 267. Abduction of woman, § 265. Abduction, p. 580, Stats. Abortion, administering drugs to produce, § 27*. Adultery, living in by married persons, § 269b. FELONY. 801 Adultery, p. 580, Stats. Advertising to procure miscarriage or abortion, § 317. All persons concerned liable as principals, § 971. Alteration, secreting or destroying public record, § 113. Arbitrator, bribing, § 95. Arbitrator, influencing or intimidating, § 95. Arbitrator, making promise to give decision, § 96. Arbitrator, receiving outside communication, § 96. Arraignment, defendant may appear by counsel, § 977. 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, etc., § 220. Assault with caustic chemicals, §§ 244, 245. Assault with deadly weapon, §§ 245, 246. Attempt to commit crime, §§ 664, 665. Attempt to escape from state prison, § 106. Auctions, mock, § 535. Ballot-boxes, interfering with, § 45. Ballots, tampering with, § 45. Bigamy, § 283. Bill, legislative, altering, §§ 83, 84. Bill of lading, duplicate, failure to stamp duplicate, § 580. Bill of lading, false, § 541. Bill of lading, or warehouse receipt, issuing fictitious, §§ 577, 578. Board of examiners, member of violating laws, § 441. Boiler, steam, mismanagement, §§ 348, 368. Books, etc., stealing, §§ 113, 114. Brand, alteration, § 357. Bribe, executive officer receiving, § 68. Bribe, receiving by member of nominating convention, punishment 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, §§ 92, 93, 95. Bribery of executive oflTiccrs, § 67. Bril)ery of members of legislature, § 85. Bribery of members of nominating body, § 57. Bribery of telegraph agent, § 641. Bribery of trustees of corporation, § 165. Pen. Code — 51 FELONY. Bribery of witness, § 137. Bribery of supervisors, § 165. Burglary, § 461. Burning of property of another maliciously, § 600. Burning or destroying insured property, § 548. Candidate for legislature receiving money, § 63a. Candidate for United States senate advancing money in election, § 63. Captain or officer of vessel, injuring vessel or cargo, § 539. Carrier, pledge or sale of property by, § 581. Child, lascivious conduct with, § 288. Child stealing, § 278. Child substitution, § 157. Compounding crime, § 153. Compromise of, § 1379. Conspiracy to commit, overt act, § 184. Controller violating duty, § 441. Conveying land twice, § 533. Corporation, failure of officers to obey legal duty, § 564. Corporation, false reports by officers of, § 564. Counterfeiting, §§ 473 et seq., §§ 478-480. Counterfeiting quicksilver stamps, § 366. Crime against nature, § 286. Crime, is a, § 16. Crime punishable by imprisonment in state prison or county jail and fine, § 17. Dead bodies, disinterment of, § 290. Dead bodies, mutilation or removal of, § 290. Dead body, removal, of, § 291. Death from vicious animal, owner guilty of felony, § 399. Decision of arbitrator, referee, etc., attempt to influ- ence, § 95. Decision, offer to give, § 96. Defined, § 17. Deserting child, § 271. Dismissal not a bar in, § 1387. Drugs, administering stupefying, § 222. Duel, fighting or sending or accepting challenge, § 227. Duel, fighting, when death ensues, § 226. Elections, interfering in, § 45. Election laws, aiding or abetting offenses against, § 52. Election laws, altering returns, § 51. Election laws, false registration, § 42. FELONY. 803 Election laws, forging or altering returns, § 50. Election laws, fraudulent acts by officers, § 41. Election laws, fraudulent voting, § 45. Election laws, intimidating, corrupting, deceiving or de- frauding electors, § 53. Election laws, oflfenses against, § 48. Election laws, person acting as officer without authority, § 40. Election laws, violation of by person, § 61. Election laws, refusal to act by officers, § 41. Electric line and apparatus, injury to, § 593. Electric lines or apparatus, interfering with 8 593. Elk, killing of, § 599. Embezzlement, § 514. Embezzlement of public funds, § 514. Embracery, •§§ 92, 95. Engine, mismanagement of, §§ 348, 349, 368. Escape, assisting during insurrection, § 411. Escape, carrying things into prison to aid in, § 110. Escape, officers suffering, § 108. Evidence, false, offering, § 132. Evidence, false, preparing, § 134. Evidence, falsifying, §§ 3 28-132. Executive secretaries, offenses against, p. 582, Stats. Explosives, endangering or injuring persons or property by, § 601. Extortion, § 520. False imprisonment, § 237. False personation, marriage under, § 528. False pretenses, § 532. False pretenses as to birth of child, § 156, False proofs upon insurance policy, § 549. Falsifying evidence, §§ 132-138. Federal officers, offenses against, p. 582, Stats. Fire, goods saved from, in San Francisco, failure to no- tify, § 500. Forged instruments, offering for record, § 115. Forgery, §§ 470 et seq. Fraud in increasing capital stock, § 558. Fraud in keeping accounts of corporation or joint stock company, § 563. Fraud in procuring organization of corporation, § 558. Fraudulent bill or claim, presenting to public board or officer, § 72. FELONY. Gambling, oflficers protecting, encouraging, or permit- ting, § 337. Governor, offenses against, p. 582, Stats. Gunpowder, malicious injury to building by, § 601. Incest, § 285. Insurrection, acts committed while county declared in state of, § 411. Involuntary servitude, holding one in, § 181. Issuing or circulating paper money, § 648. Jail, 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, p. 58^, Stats. Judgment, appointing time for, § 1191. Jury box, tampering with, § 116. Jury lists, certifying to false, § 117. Jury lists, falsifying, § 117. Jury list, tampering with, § 116. Larceny, grand, § 489. Legislator, obtaining money to influence, § 89. Legislator, inducing not to attend committee, § 85. Legislator receiving money from candidate for United States senator, § 63a. .Legislature, preventing meeting of, § 81. License receipts, possession other than those allowed by law, § 432. Lights, injury to or exhibiting false, § 610. Limitations of time for prosecution, §§ 799, 800. Lobbying, § 89. Logs, driving substance into, § 593a; p. 633, Stats. Kidnaping, §§ 208, 209. Malicious injury to bridge, highway or ways, § 588. Manslaughter, § 193. Married person conveying or mortgaging under false representations, § 534. Marrying spouse of another, § 284. Mayhem, § 204. Miscarriage, procuring. § 274. Miscarriage, soliciting materials, for, § 275. Miscarriage, submitting to, § 275. Offense, when a felony and when a misdemeanor, § 17. Officer becoming interested in contract, § 71. Officer, false statement by, p. 587, Stats. Officer receiving wages or salary of laborer or clerk, § 74a; p. 634, Stats. Officer mutilating books or withholding from successor, § 76. Officer neglecting to pay over money, § 425. Perjury, §§ 126-128. Poison, administering with intent to kill, § 216. Poisoning animals, § 596. Poisoning food, medicine or water, § 347. Poll lists, interfering with, § 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, p. 582, Stats. Prisons, bringing drugs, liquors, weapons or explosives Prisoner, discharged, going on gi-ounds of prison or re- formatory in night, § 171b. into, § 171a. Prison, bringing contraband articles into, § 180a. Prize fights, engaging in or aiding in, § 412. Prize fight, leaving state to engage in,- § 414. Procedure where jury discharged for want of jurisdic- tion, §§ 1115, 1116. Prostitution, compulsory, of women, p. 653, Stats. Prostitution, husband conniving or consenting to placing wife in house of, § 26(5g. Prostitution, husband placing wife in house of, § 266g. Prostitution, paying for woman for purpose of, § 266e. Prostitution, paying for woman to place her in house against will, § 266e. Prostitution, placing woman in custody for, § 266d. Prostitution, sale of woman for immoral purposes, § 266f. Prostitution, placing married woman in house of, § 2669; p. 654, Stats. Punishment, in general, § 12. Punishment, limits on, § 13. Punishment of, when not otherwise prescribed, § 18. Punishment, when not otherwise provided, § 18. Railroad employee, negligence of, causing death, § 369. Railroad" employee causing death through intoxication, § 369f. Railroad, placing passenger car in front of freight-car, § 392. Eailroad property or bridges, injury to, § 587. Eailroad, putting explosive on tracli, § 218. Eailroads, train wrecking a felony, §§ 218, 219. Eailroad or train, interfering with for purpose of rob- bery, § 214. Eape, § 264. Eeceiving stolen goods, § 496. Eeceiving portion of wages of laborer on public works. § 653d. Eeeords, destroying, stealing, altering or mutilating, §§ 113, 114. Eeferee, attempt to influence, § 95. Eeformatories, drugs, liquors, weapons or explosives, bringing into, § 171a. Eeformatories, act relating to bringing guns, etc., on grounds of, § 171a, note. Eescue of prisoner, § 101. Eesolution, legislature, altering, §§ 83, 84. Eeturns, interfering with, § 45. Eobbery, § 213. Secretaries, executive, offenses against, p. 582, Stats. Seduction, p. 690, Stats. Seduction for purpose of prostitution, § 266. Seduction under promise of marriage, § 268. Signals, injury to or 'exhibiting false, § 610. State printer, fraud or collusion by, §§ 99, 100. State treasurer, violation of law by, § 441. Steam boilers, mismanagement of, § 349. Steam boiler or engine, negligently managing, § 368. 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, § 474. Telegraph message, disclosing contents, § 619. Telegraph message, employee using information of, T 639. Telegraph message, forging, § 474. Telegraph message, opening, § 621. Treason, misprision of, § 38. Vessel, injuring or destroying, § 540. Vice-president, offenses against, p. 582, Stats. Voting, fraudulent, § 45. Witness receiving bribe for absenting himself, § 138. Written instrument, injury to, § 617. FEMALE— FINE. 807 FEMALE, abduction of, § 265. Abduction of, for purpose of prostitution, § 266. Abduction of, under eighteen years of age, from par- ent, § 267. Defendant, under sentence of death, proceedings when supposed to be pregnant, § 1225. Employing to sell liquor at theaters, etc., § 303. Procuring to perform in public, where liquors are sold, § 306. Prisoners to be separated from male, § 1599. FEMININE included in masculine, § 7. FENCE, destroying, § 602. Leaving inclosures open, pp. 598, 599, Stats. Tearing down to make passage, p. 598, Stats. FENDERS. Compliance with orders of supervisors suffi* cient, § 369a. Duty of railroad companies to use, § 369a. FEBBY, maintaining unlawfully, § 386. Neglecting to pay toll, § 389. Violating condition of undertaking to keep, § 387. FICTITIOUS NAME, indictment by, §§ 953, 989. FINDER, lost property, guilty of larceny, when, § 485. FINE, bail on appeal from, § 1273. Children, fines for offenses, disposition of, § 273c. Corporation, of, collection, § 1397. Deposit instead of bail to be applied to, § 1297. Disposed of, how, §§ 1457, 1570. Disposed of, how, from game law, §§ 628, 629, 631b, 632, 635, 637. Execution of judgment for, §§ 1214, 1215, 1456. Explosives, for failure to keep record of sales of, § 375a. Game laws, fines for violating, how disposed of, §§ 628(1, 629. Imprisonment and, § 1205. Imprisonment, fine may be added to where no fine pre- scribed, § 672. Imprisonment till paid, §§ 1205, 1446, 1456. Justice's court, in, §§ 1446, 1457. Lien, Judgment for, constitutes, § 1206. 908 FINE— FISH. Judgment for, constitutes a lien, § 1206. Judgment for, execution may issue on, § 1214. Officer 's failure to pay over, § 427. Ordinances, for violation of, disposition of, § 1457. Payment of, defendant to be discharged, § 1457. Suspension of sentence and placing defendant on pro- bation in case of, §§ 1203, 1215. FIHE, burning bridges, grain, etc., maliciously, § 600. Burning property not subject of arson, punishmen',, 600. Camper leaving, act relating to, § 384b, note. Camper leaving fire burning, a misdemeanor, § 384b. Destruction by, of property of contiguous owners, act to prevent, p. 601. Destruction of forest by fire on public land, act to pre- vent, p. 600. False alarm of, turning in, punishment of, § 625a. Fire alarm apparatus, interference with, punishment of, § 625a. Goods saved from, in San Francisco, failure to notify, punishment of, § 500. Insured property, burning, § 548. Larceny of goods saved from, § 500. Maliciously burning rafts, boards, etc., § 60S. Malicious, in general, § 600. Negligently firing woods, grasses, etc., a misdemeanor, § 384. Negligently setting on property not one 's own, pun- ishment of, § 384. Negligently setting without providing against escape, a misdemeanor, § 384a. Negligently setting without providing barrier, § 384a, , note. Obstructing attempt to extinguish, § 385. Prisoners removed in case of, § 1607. Woods, grass, etc., setting on fire, § 384. FIREARMS, selling to Indians, § 398. See Ammunition; Arms. FIRE DEPARTMENT, false certificates of officers, § 649. FISH: See Fish Commissioners; Fishways; Game Law. Act to prevent destruction of in Bolinas Bay continued in force, § 23. FISH— FOLSOM. 809 Act tc prevent destruction of in Lake Merritt con- tinued in force, § 23. Act to prevent destruction of fish in Napa Eiver, continued in force, § 23. Act to regulate salmon fisheries in Eel Eiver, con- tinued in force, § 23. Effect code on statutes respecting, § 23. Aliens incaj^able of becoming electors prohibited from fishing, p. 603, Stats. Costs of trial for violations of law to be paid by state, p. 602, Stats. Ditches and flumes, proprietors of to prevent passage of fish into, p. 606, Stats. Trout in Siskiyou County, act concerning continued in force, § 23. FISH COMMISSIONERS, nets and seines, actions to for- feit, § 636a. Nets and seines, proceedings in actions to forfeit, § 636a. Hatchery at Sissons, authorized to purchase, p. 601, Stats. Notifying owners to construct fishways, § 687. Kings Eiver, destruction of fish in, act to prevent, p. 606. Lake Chabot, fishing in forbidden, p. 60.5, Stats. Lake Bigler, preservation of fish in, p. 606, Stats. San Antonio Creek, fish not to be caught with nets, seines, etc., p.* 605, Stats. • San Leandro Creek, fishing in, forbidden, p. 60.5, Stats. To examine dams and obstructions in rivers, § 637. FISHWAY, construction of, § 637. Penalty for not keeping open or repairing, § 637. Penalty for obstruction of or injury to, § 637. Penalty for catching fish within three hundred feet of, § 637. Streams frequented by migratory fish, in, p. 603, Stats. FIXTURE, larceny of, § 495. FLAG, desecration of prohibited, p. 607, Stats, FLUME, malicious injury to, § 592. Malicious injury to, § 607. FOLSOM, prison at: See post, title Prisons. SIO FOOD— FORFEITURE OF OFFICE. FOOD: See Adulteration. Tainted or decayed, sale of, § 383. FORCIBLE ENTRY AND DETAINER, punishment of, § 418. FOREIGN acquittal or conviction, § 656. Conviction, punishment of subsequent offense in case of, § 668. Convicts, importing, § 173. Corporation, no defense that corporation is, § 571. Insurance company doing business without complying with law, a misdemeanor, § 439. Law, acts punishable under, § 655. FOREIGNERS: See Aliens. FOREMAN OF GRAND JURY, appointment of, § 902. Indictment presented by, § 944. May administer oath to witnesses, § 918. Oath of, § 903. Presentment must be signed by, § 931. FOREST, destruction of by fire on public land, act to pre- vent, p. 600. FORFEITURE abolished, § 677. Bail of, §§ 979, 1305-1307, 1570. Convict, forfeits .what rights, § 673. Conviction not to work, § 677. Credits of prisoner for good behavior, §§ 1590, 1591. Disposed of, how, §§ 1457, 1570. License, for holding mock auctions, § 535. Lottery, property offered for disposal in, § 325. Officer's failure to pay over, § 427. Ordinances, forfeitures for violation of, disposition of, § 1570. See Fines. FORFEITURE OF OFFICE, acting without qualifying for, § 65. Asking or receiving bribes, for, § 68. Conviction of crime, for, § 98. Executive officer receiving bribe forfeits office, § 68. Inhumanity to prisoners, for, § 147. FORFEITURE OF OFFICE— JJ'ORM. 811 Judge receiving part of reporter's fees forfeits office, § 94. Legislators, by, § 88. Legislator receiving bribe forfeits office, § 86. Office, forfeiture of, for taking what rewards, § 74. Eeceiving reward for appointment, for, § 74. State printer guilty of misconduct, forfeits office, § 100. Violation of duties, for, § 661. FORGERY, acts amounting to, §§ 443, 470. Defined, § 470. Election returns, of, § 50. Evidence of incorporation on forgery of bank bills and notes, § 1107. Fictitious bills, notes, etc., making, uttering, etc., § 476, In general, § 470. Instruments subject of, §§ 443, 470. Misdescription in indictment or information for when instrument destroyed or withheld. § 965. Passing or receiving forged notes or bills, punishment of, § 475. Possession of blank or unfinished notes or bank bills, punishment of, § 475. Possession of forged bills and notes, § 475. Public documents, of, §§ 113, 114. Punishment of, § 473. Eailroad ticket, check, etc., § 481. Eailroad ticket, check, etc., restoring, § 482. Records, of, §§ 113, 114, 471. Record, offering forged instrument for, § 115. Returns, of, § 471. Seals, of, § 472. Telegraph message, of, § 474. Telegraph, sending false message by, § 474. Telephone, sending false message by, § 474. Ticket, pass, etc., forging, altering, etc., § 481. Tickets, pass, etc., restoring with intent to defraud, § 482. Trademark, § 350. AVhat constitutes, § 470. FORM, accusation, against officer, § 759. All forms of are prescribed by code, § 948. Bail after indictment, form of undertaking, § 1287. 812 FOR Vr— FORMER JEOPARDY. Bench-warrant, §§ 935, 981, 982, 1197. Bencli-warrant after conviction, § 1197. Bench-warrant under indictment or information, § 981. Commitment, §§ 863, 872, 873, 877. Coroner's warrant, § 1518. Indictment, § 951. Oath of foreman of grand jury, § 903. Oath of grand juror, § 904. Oatli of juror in police or justice's court, § 1437. Oath of officer having charge of jury, § 1440. Objection to accusation, § 763. Plea, § 1017. Pleas, form of, § 1017. Search-warrant, § 1529. Subpoena, § 1327. Summons against corporations, § 1391. Summons to corporation, form of, § 1391. Undertaking on bail, §§ 1278, 1316. Undertaking of bail after re-commitment, § 1316. Verdict, §§ 1151, 1158. Verdict on previous conviction, § 1158. Verdict, special, § 1154. Warrant of arrest, §§ 814, 1427. FORMER ACQUITTAL: See Former Jeopardy. FORMER CONVICTION: See Former Jeopardy, § 654. FORMER JEOPARDY, in general, § 654. Acquittal, former, a bar, though indictment defective, § 1022. Acquittal in prosecution under different code section, § 654. Acquittal, what is a former, § 1022. Acquittal, what not a former, § 1021. Arrest of judgment, verdict not a bar, § 1188. Conviction in prosecution under different code sec- tion, § 654. County, acquittal or conviction out of, § 794. Demurrer to indictment sustained, whether bar to an- other prosecution, § 1008. Dismissal of action as bar, § 1387. Foreign acquittal or conviction, §§ 793, 794, 656. Higher offense, conviction or acquittal of, § 1023. Indictment, dismissal of, § 1021. FORMER JEOPARDY— FRAUD. 813 Judgment on plea of, § 1155. Jury discharged, retrial of cause, §§ 1141, 1147. Justice's court, retrial of defendant on discharge of jury, § 1444. New trial, § 1180. Offense included in former charge, § 1023. Plea of, § 1016. Proof of, § 1204. Second prosecution prohibited, § 687. Setting aside indictment or information no bar to future prosecution, § 999. Variance, acquittal on ground of, § 1021. Verdict, jury prevented from giving, trial again, § Il41. What is a former acquittal, § 1022. What not a former acquittal, § 1021. See Indictment; Information; Plea. FORNICATION: See Prostitution. FRAUD: See Cheat; False Personation; Fnlse Pretenses; Mortgage. Agent, false statement by, § 536. Bill of lading, § 541. Bills of lading, etc., fraudulent issue, §§ 577-580. Birth, in respect to, § 156. Butter and cheese fraud in manufacture and sale of, p. 574, Stats. Concealing property by debtor, § 154. Concealing property by defendant, § 155. Consignee, false statement by, § 53G. Conspiracy to defraud, § 182. Corporation: See Corjioration. Corporation, in accounts of, § 563. Corporation, in organizing or increasing capital, § 558. Corporations, in procuring organization of, § 558. Corporations, keeping accounts of, § 563. Corporations, subscrij^tious of stock of, § 557.* Corporation, publisliing prospectus of, § 559. Debtor, by, in respect to his property, §§ 154, 155. Deceiving witness, § 133. Documents, fraudulent issue, §§ 577-581. Druggist, fraud by, § 380. False imprint, stamps and labels, p. 633, Stats. False proofs upon insurance policy, jmnishment of, § 549. 814 FRAUD— FRAUDULENT INSOLVENCIES. False statement by broker agent, etc., punishment of, § 536. Indictment or information, § 967. Inns, etc., defrauding, § 537. Insolvency, fraudulent, §§ 557-572. Intent to defraud, sufficiency, § 8. Invoice, ship's register, protest, etc., § 541. Joint stock companv, fraud in keeping accounts of, § 563. Labels on goods, false, a misdemeanor, § 349a. Labels, false, on goods, penalty, § 349a. Livery-stable keeper, defrauding, § 537b. Market price, to affect, § 395. Married person conveying lands, § 534. Misrepresentations of conditions of employment, p. 635, Stats. Mock auction, obtaining money or property by, pun- ishment of, § 535. Mortgaged personalty, transfer of, § 538. Officer, false statement by, p. 587, Stats. Putting in extraneous substances in goods sold to in- crease weight, § 381. . Quality of goods sold, false statements as to, § 654a. Eegistration of animals, fraud in a misdemeanor, § 5371/2. Special partnership, fraud in affairs of, § 358. Substituting child, § 157. Selling land twice, § 533. Ship 's register, fraud in, § 541. Special partnership, in, § 358. Subscription to stock, in, § 557. Telegraph or telephone message, procuring by fraud, § 621. "Weights and measures, false, §§ 552-555. Wine, fraud in manufacture and sale of, p. 551, Stats. Winning at play by, § 332. Wrecking property, § 539. FRAUDULENT CONVEYANCE, by debtor, a misdemeanor, § 531. By debtor, punishment of, §§ 154, 155. Penalty for being party to, § 531. FRAUDULENT INSOLVENCIES, bv corporations, etc., §§ 557-572. FREEHOLD— GAME LAWS. 815 FREEHOLD, malicious injuries to, § 602. Malicious trespass to, a misdemeanor, §§ 602, 603. FRESNO COUNTY, act to protect stock-raisers in, con- tinued in force, § 23. FUGITIVES FROM JUSTICE: See Extradition. From this state, § 1557. Governor, when may offer reward for, § 1547. Homicide in arresting, when justifiable, § 196. Eewards for apprehension of, § 1547. FUNDING ACTS continued in force, § 23. GAMBLING, aiding, § 337. Election, on, § 60. Games prohibited, enumeration of, § 330. Infant, permitting to gamble, § 336. Lessee permitting infant to gamble, § 336. Licensing, § 337. Market price, fraud to affect, § 395. Officers' duties respecting, § 335. Officers giving authority to conduct, punishment of, § 337. Officers receiving consideration for protection, punish- ment of, § 337. Permitting by owner or lessor of building, §§ 331, 336. Punishment of, § 330. Supervisors voting for ordinance permitting, punish- ment of, § 337. rial, witness not attending, § 333. Winning at play by fraudulent means, § 332. Witness' privilege, § 334. GAMBLING-HOUSE, prevailing upon person to visit, § 318. GAME LAWS, abalone, protection of, § 628. Abalone shells, possession of, § 628. Animals, possession of for propagation and science, § 6261. Antelope, protection of, § 626e. Bag, limit of one day's bag, § 626d. Bass, black, taking only with hook and line, § 628b. Bass, black, closed season, § G28b. Bass, black, possession during closed season, § 628b. GAME LAWS. Bass, striped, limit on size, § 628a. Bass, striped, possession, catching, buying or selling, § 628a. Bass, striped, setting net or seine for, when forbidden, § 634. Birds, close season, § 626. Birds, netting or trapping of, § 631. Birds, possession during closed season, § 626. Birds, possession or taking for propagation and science, §§ 6261, 631. Birds, transportation out of state for propagation or science, §§ 627, 627a. Birds, wild, protection of, § 637a. Black bass, closed season, § 628b. Black bass, possession during closed season, § 628b. Blue cranes, capture and destruction of, § 599; act to prevent, p. 608. Bob-white, protection of, § 626c. Bob-white, shooting on private grounds, penalty, § 627. Canals, screens to be placed at inlet of, § 629. Carriers, regulations governing transportation of fish, § 632a. Carrier, shipments by, limit on amount of, § 627b. . Carrier to label shipments of game, § 627b. Carrier, transportation of game out of state for propa- gation or science, §§ 627, 627a. Carrier, transportation of game out of state, penalty, §§ 627, 627a. Chinese sturgeon lines, use of forbidden, § 636. Crabs, closed season, § 628. Crabs, female, catching, sale, or possession of, § 628. Crab, limit on size, § 628. Crabs, possession, purchase or sale during closed sea- son, § 628. Crawfish, closed season, § 628. Crawfish, possession during closed season, § 628. Crawfish, undersize, possession of, § 628. Cruelty to animals, provisions relating to do not affect, '§ 599c. Cultivated land, hunting on, penalty, § 627. Curlew, closed season, § 626. Curlew, hunting on private ground, penalty, § 627. Curlew, killing during closed season, § 626. Curlew, limit of one day's bag, § 626d. GAME LAWS. 817 Curlew, limit of amount that can be shipped in one day, § 627b. Curlew, netting or- trapping of, § 631. Deer, female, protection of, § 626e. Deer, female, possession, purchase or sale of pelt, § 626h. Deer, hunting on private ground, penalty, § 627. Deer, limit on during one season, § 626i. Deer, male, closed season, § 626f. Deer, male, shipped into state, § 626f. Deer meat, possession between certain dates, § 626f. Deer meat, sale of, penalty for, § 626k. Deer on Mt. Diablo, act to prevent destruction of, p. 608. Deer, only three may be killed, § 626i. Deer pelts, possession, purchase or sale of, § 626h. Deer, possession of meat, § 626f. Deer, possession of pelt from which evidence of sex removed, § 626h. Deer, running or trailing. § 626j. Deer, transportation of in any quantity, penalty, § 627b. Ditches, screens to be placed at inlet of, § 629. Dove, closed season, § 626a. Dove, hunting on private property, penalty, § 627. Dove, limit of one day's bag, § 626d. Dove, limit on amount that can be shipped in one day, § 627b. Dove, possession during closed season, § 626a. Dove, sale of, § 626k. Duck, closed season, § 626. Duck, hunting on private property, penalty, § 627. Duck, killing during closed season, § 626. Duck, limit of one day's bag, § 626d. Duck, limit of amount that can be shipped in one day, § 627b. Duck, netting or trapping of, § 631. Duck, wild, netting or trapping,*penalty, § 631. Effect of code on statutes respecting, § 23. Eggs, destroying or possessing, § 62Gb. Eggs of meadow lark, penalty for destroying, § 637a. Eggs, wild birds of, protection of, § 637a. Elk, female, protection of, § 626c. Elk, killing a felony, § 599. Explosives in fishing, § 635. Pen. Code— 52 GAME LAWS. Fawn, spotted, possession, sale or purchase of pelt, § 626h, Female deer, elk, etc., § 626e. Fines, disposition of, §§ 628, 628d, 629, 631b, 632, 632a, 634, 635. Fish catching from pond, reservoir or stream with hatchery, § 628c. Fish, catching in private pond or reservoir, § 628c. Fish for artificial hatching, § 634. Fish, regulations governing transportation, § 632a. Fish, right of state fish commission to take, § 628c. Fish, right of United States fish commission to take, § 628c. Fish, screens at inlet of irrigating ditch, mill-race, etc., § 629. Fish taken out of state, no defense to prosecution, when, § 634. Fish, young, catching by seine, § 628e. Fish, young, catching and not returning to water, § 628c. Fish, young, possession or sale of, § 628c. Fish, young, fresh or dried, offering for sale, § 628e. Fish commissioners to examine dams and obstructions in rivers, § 637. Fish commissioners to notify owners to construct fish- ways, § 637. Fishing, nets, seines or lines, what unlawful, §§ 636, 636a. Fishways or ladders, penalties for not keeping, § 637. Fishways: See Fishways. Foreign state or country, shipping birds from, § 626. Foreign state or country, shipping deer into, § 626f. Game, transportation out of state for propagation or science, §§ 627, 627a. Grouse, close season, § 626. Grouse, hunting on private property, penalty, § 627. Grouse, killing during closed season, § 626. Grouse, limit on amou t that can be shipped in one day, § 627b. Grouse, netting or trapping of, § 631. Grouse, netting or trapping, penalty, § 631. Grouse, sale of, penalty for, § 626k. Gulls, protection of, § 599. Hunting in night-time, penalty for, § 626m. Hunting on another's land, § 627. GAME LAWS. • 819 Hunting on inclosed or cultivated land, penalty, § 627; p. 599, Stats. Hunting without permission, §§ 602, 627, Ibis, closed season, § 626. Ibis, hunting on private ground, penalty, § 627. Ibis, killing during closed season, § 626. Ibis, limit of one day's bag, § 626d. Ibis, limit on amount that can be shipped in one day, § 627b. Ibis, netting or trapping of, § 631. Ibis, sale of, penalty for, § 626k. Inclosed land, hunting on, penalty, § 627; p. 599, Stats. Injury to fish, etc., § 602. Irrigating ditch, screens to be put at inlet of, § 629. Klamath Eiver, limits of tide water in, §§ 634. Killing animal, while hunting on enclosed land, § 384c. Labeled, shipments of game to be, § 627b. Limit on amount of game that can be shipped, § 627b. Limit to birds that may be killed, § 626d. Limit to deer that may be killed, § 626i. Lines, use of, what forbidden, § 636. Lobster, closed season, § 628. Lobster, limit on size, § 628. Lobster, possession during closed season, § 628. Meadow lark, injuring eggs or nest of, § 637a. Meadow lark, taking for science or propagation, § 637a. Mocking-birds and their nests, protection of, p. 609, Stats, Mountain quail, closed season, § 626. Mountain sheep, protection of, § 626e. Mt. Diablo, deer on, act to prevent destruction of, p. 608. Nests, destroying or possessing, § 626b. Nests of meadow larks, penalty for injuring, §' 637a. Nests, robbing, penalty, § 637a. Net, lawful, what is, "§ 632. Net or seine, what unlawful, §§ 636, 636a. Net or seine, what unlawful in salmon fishing, § 634. Net, setting for fisli, §§ 632, 634, 636. Net, set, what is, § 636. Nets, seines, etc., declared public nuisance, § 636a. Nets, seines, etc., seizure, forfeiture, etc., of, § 636a. Nets, traps or wires, etc., catching birds or animals by, § 631. 27 GAME LAWS. Nets, traps or wires, possession, sale or transporting of birds or animals taken by, § 631. Nets, traps or wires, taking birds or animals by, evi- dence, § 631. Netting quail, grouse, etc., § 631. Nevada County, protection of game in, p. 607, Stats. Night-time hunting, § 626m. Notice forbidding shooting, tearing down or mutilat- ing, § 627. Notice forbidding shooting, injuring or tearing down, penalty, § 627. Partridge, closed season, § 626. Partridge, hunting on private property, penalty, § 627. Partridge, imported, killing or possessing, § 626c. Partridge, limit of one day's bag, § 626d. Partridge, limit on amount that can be shipped in one day, § 627b. Partridge, netting or trapping of, § 631. Partridge, possession during closed season, § 626. Partridges, protection of, §§ 626, 626c. Partridges, sale of prohibited, § 626k. Penalty for violating game laws, § 631a. Pheasants, hunting on private property, penalty, § 627. Pheasants, protection of, § 626c. Pheasants, sale of, penalty for, § 626k. Plover, closed season, § 626. Plover, nunting on private ground, penalty, § 627. Plover, killing during closed season, § 626. Plover, sale of, penalty for, § 626k. Pollution of water, punishment for, § 63.5. Possession of birds, when prohibited, § 626. Possession of deer meat, § 626f. Possession of deer pelts, § 626h. Possession of salmon, § 634. Possession of snared birds, § 631. Private property, hunting on, penalty, § 627. Propagation, birds for, § 631. Propagation, catching salmon for, § 634. Propagation, netting or trapping of birds for, § 631. Propagation, possession of animals for, § 6261. Propagation, transportation of game out of state for, §§ 627, 627a. Propagation, taking fish, birds or animals for, §§ 628c, 631. GAME LAWS. 821 Propagation, taking fish for, § 632. Punishment for violating, §§ 628d, 631a, 631c, 632, 632a. Quail, bob white, killing or possession, § 626e. Quail, close season, § 626. Quail, eastern or Chinese, protection of, § 626c. Quail, hunting on private property, penalty, § 627. Quail, imported, killing or possession, § 626c. Quail, limit of one day's bag, § 626d. Quail, limit on amount that can be shipped in one day, § 627b. Quail, mountain, closed season, § 626. Quail, netting or trapping of, § 631. Quail, netting or trapping, penalty, § 631. Quail, possession during closed season, § 626. Quail, sale of, penalty, § 626k. Quail, valley, closed season, § 626. Kail, closed season, § 626. Rail, limit of one day 's bag, § 626d. Rail, limit on amount that can be shipped in one day, § 627b. Rail, possession during closed season, § 626. Rail, sale of, § 626k. Sacramento River, limits of tide water in, § 634. Sage hen, closed season, § 626. Sage hen, killing during closed season, § 626. Sage hen, limit on amount that can be shipped in one day, § 627b. Sage hen, sale of, penalty for, § 626k. Sale of deer pelts, § 626h. Sale of fish, etc., § 628. Sale of game, § 626. Sale of salmon, § 634. Sale of what birds prohibited, § 626k. Salmon, catching for propagation, § 634. Salmon, closed season, § 634. Salmon, seine or net, what unlawful, § 634. Salmon, setting net or seine for, when misdemeanor, § 634. Salmon, taking, sale, or possession of during closed season, § 634. San Joaquin River, limits of tide water in, § 634. Santa Monica, protection of seagulls in, p. 609, Stats. Science, netting or trapping of birds for, § 631 Science, transportation of game out of state for, §§ 627, 762a. GAME LAWS. Scientific purposes, birds for, §§ 6261, 631. Scientific purposes, live animals for, § 6261. Scientific purposes, taking fish for, § 632. Scientific purposes, taking fish, birds or animals for, §§ 628c, 631, 632. Screens to be put at inlet of canal, irrigating ditch, mill-race, etc., § 629. Seagulls, protection of in Santa Monica, p. 609, Stats. Seine, catching young fish by, § 628. Seine, setting, § 636. Shad, setting net or seine for, when forbidden, § 634. Shipments of game, limit on amount of, § 627b. Shipments of game to be labeled, § 627b. Shipping birds into state, when prohibited, § 626. Shore birds, closed season for, § 626. Shore birds, limit of one day's bag, § 626d. Shore birds, sale of, § 626k. Shot-gun, evidence of illegal use, § 627. Shot-gun, larger than ten gauge, § 627. Shrimps, closed season for, § 628. Shrimps, possession during closed season, § 628. Shrimps, dried, shipment of, § 628. Shrimp shells, shipment, § 628. Skins of deer, possession or sale of, § 626h. Smith's River, limits of tide water in, § 634. Snipe, hunting on private property, penalty, § 627. Snipe, limit of one day's bag, § 626d. Snipe, limit on amount that can be shipped in one day, § 627b. Snipe, sale of, § 626k. Snipe, Wilson, closed season, § 626. Spotted fawns, § 626e. Spotted fawns, possession, purchase or sale of pelt, § 626h. Squirrels, tree, closed season, § 626g. Squirrels, tree, protection of, § 626g. State fish commission may take fish for science or propa- gation, § 632. Steelhead trout, closed season, § 632. Striped bass, limit on size, § 628a. Striped bass, possession, catching, purchase or sale of, § 628a. Striped bass, setting net or seine for, when forbidden, § 634. Sturgeon, protection of, § 628. GAME LAWS— GAS COMPANY. 823 Sturgeon, setting net or seine for, when forbidden, § 634. Swan, killing or possessing, § 626c. Tidewater, limits of in various rivers, § 634. Transporting game or hides out of state, § 627a. Transportation of game, regulations governing and pun- ishment for violating, § 627b. 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, penalty, § 627. Transportation of game prohibited, when, § 627a.- Transportation of game, shipments to be labeled, § 627b. Trap, setting for fish, § 636. Trapping quail, grouse, etc., § 631. Tree squirrel, killing or possessing, § 626g. Trespass in hunting, § 627. Trout, catching except with hook and line, § 632. Trout, closed season for, § 632. Trout, limit of one day's catch, § 632. ^rout, limit on size, § 632. Trout, possession, sale or purchase of during closed season, § 632. Trout, steelhead, closed season, § 632. Trout, taking by nets, . etc., § 632. Trout, taking by net, lawful net, what is, § 632. United States fish commission may take fish for science or propagation, § 632. Valley quail, closeci season, § 626. Water company, duty to put screens over inlet to ditch, etc., § 629. Water companj^, failure to put screen over inlet of flume, penalty, § 629. Water, pollution of, § 635. Wilson snipe, closed season, § 626. GAS not to be turned off at meter, ji. 619, Stats. GAS COMPANY, effect of code on statute respecting, § 23. Injury to works, § 624. Meter, interfering with, § 498. Stealing gas, § 498. S21 GATES— GRAND JURY. GATES, maliciously leaving open, § 602. GENDER of words in code, § 7. GLANDERS, killing infected animals, § 602b. Sale or exposure of infected animal, § 402. Using or exposing animals with, a misdemeanor, § 402. GOLD COIN, valuation to be estimated in, § 678. GOVERNOR, commutations, reprieves, and pardons, power to grant, § 1417. Death sentence, transmission of conviction and testi- mony to, § 1218. Duties in regard to death sentence, §§ 1218, 1219. Impeachment, liable to, § 737. Insurrection, power to declare county in, § 732. Insurrection, revoking proclamation of, § 733. Militia, power to order out to suppress insurrection, § 732. Militia, when may order out, §§ 728, 732. Military, to order out to aid in executing process, when, § 725. Offenses against, p. 582, Stats. Ordering release of prisoners, § 1593. Pardon, power of when convict twice convicted, § 1418. Pardons, etc., granted, to communicate to legislature, § 1419. Reward for apprehension of fugitives, § 1547. Reward for arrest of person engaged in robbery, p. 610, Stats. Transmission of conviction and testimony to, on judg- ment of death, § 1218. Treason, power of in convictions, § 1418. GRAIN, injuries to growing, § 604. GRAND ARMY, unlawfully wearing badge of, p. 611, Stats. GRAND JURY: See Indictment. Accusation against officer, may present, § 758. Advice may be asked of whom, § 925. Challenge to juror, acting after, §§ 164, 900. Challenge to, causes for, § 896. Challenge, decision on, § 898. Challenge, effect of allowing, § 900. GRAND JURY. 825 Challenge, opinion, etc., as ground for, § S96. Challenge, objection to be taken only by § 901. Challenge, oral or written, § 897. Challenge, tried by court, § 897. Challenge juror, who may, § 894.. Challenge to panel, causes for, § 895. Challenge to panel, effect of allowing, § 899. Challenge to panel, acting afterwards, effect of, § 899. Challenge to panel, who may interpose, § 894. Charge of court, §§ 905, 928. Conduct of juror not to be questioned, § 927. Coroner, binding witnesses over to appear before, § 1514a. Corporation, investigating charge against, § 1395. ' Custody, proceedings when defendant not in, § 945. Deliberation and inquiry into offenses, § 906. Discharge of, § 906. Disclosing fact of indictment, § 168. Disclosing what transpired before gi'and jury, § 169. District attorney, advice and presence of, § 925. District attorney, ordering to institute suits to recover moneys due counties, § 929. District attorney, powers and duties in relation to, § 925. Duties of generally, §§ 915, 923. Entitled to access to public prison, § 924. Entitled to examination of public records without charge, § 924. Evidence, degree of to warrant indictment, § 921. Evidence, duty to weigh all, § 920. Evidence for defendant, hearing, § 920. Evidence, ordering other to be produced, § 920. Evidence receivable before, § 919. Expert to examine official books, etc., § 928. Foreman, appointment of, § 902. Foreman, oath of, § 903. Indictment or information, disclosing fact of finding, § 168. Interpreter before, § 925. Judge, advice and presence of, § 925. Knowledge of offense, juror to declare, § 922. Must inquire into all public offenses, § 915. Oath of foreman, § 903. Oath of jurors, § 904. Oath to witness, foreman m;iy administer, § 918. S26 GRAND JURY— GROWING TREES. Officers, must inquire into conduct of, §§ 923, 928. Official books, etc., inquiry into, § 928. Official books, inquiry into, employment of expert, §§ 928, 929. Opinion as ground for challenge, § 896. Perjury of juror, § 927. Powers of, in general, § 915. Present before, who may be, § 925. Prisoners, must inquire into cases of, § 923. Prisons, must inquire into management of, § 923. Eecovery of money due county, ordering the, § 929. Eeport of, comments not privileged, § 928. Eeport of testimony taken before, § 925. Eeporter and his compensation, § 925. Eesubmission to where charges dismissed, § 942. . 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, § 908. Special, order, execution and return of, § 908. Special, order, what to require, and delivery of to sheriff, § 908. Special, when may be summoned, § 907. Testimony taken before to be given to defendant, § 925. Testimonv of witness, may be required to disclose when, § 926. What offenses may inquire into, § 915. Who may appear before, § 925. Who may be present during their sessions, § 925. GRAND LARCENY: See Larceny. GROUSE, destruction of, when prohibited, § 626. GROWING CROPS, injuries to, § 604. Negligently setting on fire a misdemeanor, § 384. GROWING TREES, cutting, upon public lands, § 603. Cutting or injuring a misdemeanor, § 602. Gathering pitch from, § 603. GUARD— HABEAS CORPUS. S27 GUARD for jail, sheriff may employ when, § 1610. GUARDIAN, exhi^bit, use, sale, or hire of child, § 272. Enticing away child, jurisdiction, § 784. Juvenile delinquent, guardianship of, § 1388. Prostitution, admitting child to house of, by, § 309. Sending child under eighteen to immoral place, § 273. Substituting child, § 157. Teacher, abusing in presence of pupil, § 653b. Ward, requiring to work over eight hours, § 651. GUIDE-BOARD, malicious injury to, § 590. GUILTY, plea of, § lOlG. Plea, form of, § 1017. Plea of, how altered or withdrawn, § 1018. GULLS. Act to protect sea gulls at Santa Monica, § 599, note. Shooting, trapping or injuring, § 599. GUNPOWDER: See Explosive. HABEAS CORPUS, admission to bail on examination on, § 1286. Application for, made how, § 1474. Application for, to specify what, § 1474. Application for, verification, § 1474. Application, who may make, § 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. Body must be produced, when, § 1481. Body, when hearing may proceed without production of, § 1482. Concealing person entitled to, § 364. Contain, what to, § 1477. Custody of party, after discharge, § 1496. Custody of party pending proceedings on return, § 1494. Custody, person in illegal, may bo committed to legal, § 1493, Damages for failure to issue or obey writ, § 1505. HABEAS CORPUS. Defective in form of writ immaterial, when, § 1495. Defective warrant, no discharge for, § 1488. Defective warrant, proceedings on, § 1489. Delay, to be delivered to sheriff without, § 1478. Delay, to be granted without, § 1476. Delay, -to be served without, § 1478. Directions in writ, § 1477. Discharge of party on defective warrant, § 1489. Discharge of party, grounds for, §§ 1485, 1487. Discharge of party, imprisonment after, § 1496. Discharge of party, not for defective warrant, § 1488. Discharge party, when court to, §§ 1485, 1487. Disobedience to, proceedings on, § 1479. Disposition of party pending proceedings on return, § 1494. Granted how, § 1475. Grounds for discharge of party, §§ 1485, 1487. Hearing, compelling attendance of witnesses, § 1484. Hearing on return, proceedings on, §§ 1483, 1484. Hearing, showing and evidence, § 1484. Hearing without production of body, when, § 1482. Imprisonment after discharge, when permitted, §§ 1489, 1496. Issuable by whom, §§ 1475, 1503. Issue, refusal to, § 362. Judges who may grant, § 1475. Justice of supreme court may grant, § 1475. Obey, refusal to, § 362. Process and writ may be issued and served at same time, § 1502. Process issuable by whom, § 1503. Process returnable, when, § 1503. Eecommitting party where proceedings defective, § 1489. Eeconfinement of person discharged on, § 363. Eemand party, when court to, §§ 1486, 1492, Eeturnable before whom, § 1475. Eeturnable at county seat, § 1504. Eeturnable, when, § 1503. Eeturn, disposition of party pending proceedings on, § 1494. Eeturn, hearing on, § 1483. Eeturn, signing and verifying, § 1480. Eeturn, to contain what, § 1480. Second writ, when only to issue, § 1475. HABEAS CORPUS— HEALTH LAWS. 829 Served, how, § 1478. Served, to be, without delay, § 1478. Superior judge may grant, § 1475. Superior court or judge issuing, second writ not to is- sue, § 1475. Superior court or judge may issue, § 1475. Supreme court or justice may issue, § 1475. Warrant, defect in form, no ground for, § 1488. Warrant, defective, proceedings on, § 1489. Warrant instead of writ, how executed, § 1499. Warrant instead of writ, may issue in what eases, § 1497. Warrant instead of writ, may include person charged with detention, § 1498.' Warrant instead of writ, party discharged or remanded, § 1501. Warrant instead of writ, return and hearing on, § 1500. What to contain, § 1477. Who may grant, § 1475. Who may prosecute, §§ 1473, 1474, 1475. Witnesses at hearing. §§ 1484, 1489. HAIR, act relating to cutting of, § 1615, note. Cutting hair of prisoner convicted of misdemeanor, § 1615. HANGING, execution by, §§ 1228, 1229. HARBOR, obstruction of, navigation of, § 613. HAY, burning stack of, § 600. False weight, § 555. HEALTH: See Public Health. HEALTH LAWS. Contagions disease, exposing one's self or another afflicted with, a misdemeanor, § 394. Exhumation and removal of dead bodies, regulation of, p. 654, Stats. Exposing infected person, § 394. Neglect to perform duty under, §§ 378. Violating quarantine laws, § 376. Violation of duty by person charged witli registration of deaths, § 377. Violation of health laws, what acts are, § 377. Willful violation of, [iniiiHhuient of, § 377. S30 HEMP— HOMICID7E. HEMP, prison directors authorized to purchase, p. 716, Stats. HEREDITAMENT, real property includes, § 7. HIGHWAY, dead animal, putting in, § 374. Carcass or offal, putting in, a misdemeanor, § 374. Engineer crossing without ringing bell or sounding whistle a misdemeanor, § 390. Guide-board, malicious injury of, § 590. Injuries to, malicious, § 588. Mile-stones, malicious injury to, § 590. Eacing on, § 396. HOLIDAYS. Keeping open barber-shop, or working as barber after twelve o'clock, § 310%. HOME OF INEBRIATES, act continued in force, § 23. HOMICIDE, accident, by, § 195. Appeal stays judgment of conviction, § 1243. Arrest, in making, § 196. Assault with intent to kill, § 217. Burden of j^roof, shifting of, § 1105. Child, in correcting, § 195. Child, in defense of, § 197. Death must be within year and day, § 194. Combat, on a sudden, § 195. Excusable, in what cases, § 195. Excusable, not punishable, § 199. Fear, when and when does not justify, § 198. Felony, to prevent, § 197. Fugitives, in arrest of, justifiable, § 193. Habitation, in defense of, § 197. Heat of passion, in, § 195. Husband, in defense of, § 197. Jurisdiction where injury in one county, death in an- other, § 790. Justifiable, burden of proof, § 1105. .Justifiable by officers, in what casos, § 196. Justifiable by persons other than officers, in what cases, § 197. 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. HOMICIDE-HOSPITAL. 831 Malice, express, § 188. Malice, implied, § 188. Manslaugliter, death must be within a vcar and dav § 194. Manslaughter defined, § ]92. Manslaughter, involuntary, § 192. Manslaughter, kinds of, § 192. Manslaughter, punishment of, § 193. Manslaughter, voluntary, § 192. Master, in defense of, § 197. Misfortune, by, § 195. Mistress, in defense, of, § 197. Murder, assault with intent to commit, § 217. Murder, death must be within a year and day, § 194. Murder defined, § 187. Murder, degrees of, § 189. Murder, first degree, what is, § 189. Murder, second degree, what is, § 189. Murder, punishment of, § 190. Officers, by, justifiable in what cases, § 196. Parent, in defense of, § 197. Preliminary examination, testimony nt witnesses to be reduced to writing, § 869. Preliminary examination, testimony, how taken and au- thenticated, § 869. Process, in resisting, § 196. Property, in defense of, § 197. Provocation, on a sudden, § 195. Retaking felon, in, § 196. Riot, in suppressing, § 197. Self-defense, bare fear not to justify killing, § 198. Self-defense, in, § 197. Servant, in correcting, § 195. Servant, in defense of, § 197. Wife, in defense of, § 197. HOMING PIGEONS, shooting, killing or detaining, § o:)8a. Shooting, mainiiug or detaining, punishment of, § 598a. HONEY, adulteration of prohibited, p. 5~i{>, Stiita. HORSE, altering brand of, § 357. Feloniously taking, is grand larceny, § 487. Glanders, exposing horse with, § 402. HOSPITAL, keeping for contagious disease, ij :'.73. S32 HOTELS— IMMIGRATION LAWS. HOTELS. Gas not to be turned off at meter, p. 610, Stats. HOURS OF LABOR by minors, § G51. Baking on Sunday forbidden, p. 723, Stats. Eight-hour law for public works, § 653c. Eight-hour law, dutj' of officers under, 5 653c. Eight-hour law, punishment for violatiujif, 5^ 'i53c. Employees entitled to one day 's rest in seven, p. 722, Stats. Police officers, of, p. G51, Stats. HOUSE, keeping disorderly, § 316. HOUSE OF CORRECTION, acts relating to, p. 612. HOUSE OF ILL-FAME: See Prostitution. HUMANE SOCIETY: See Cruelty to Animals. HUMBOLDT BAY, deposits in, § 612. HUNTING on inclosed land, § 384c; act to prevent, p. 599. See Game Laws. HUSBAND AND WIFE, competency of, as witnesses, § 1322. Homicide in defense of, justifiable, § 197. Married woman's crimes, § 26. May occupy same room in jail, § 1599. Married persons selling land under false pretenses, § 534. Placing wife in house of prostitution: See Prostitution. Witnesses, as, § 1322. ICE. Eefusal to obey regulations to prevent pollution, § 377c. IDIOT: See Insane Person. IGNORANCE as affecting liability for crime, § 26. ILL-FAME: See Prostitution. Infant employees not to be sent to houses of, § 1389. ILLNESS of juror, proceedings on, § 1123. IMMIGRATION LAWS, violation of, a misdemeanor. 174, 175. IMPS;ACHMENT— IMPLEMENTS. <33 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, presented and prosecuted by assembly, § 738. Demur or answer, defendant may, § 743. Demurrer overruled, answer, 8 744. Disqualified, oflfieer is, until acquitted, § 751. Hearing, time of, § 740. Indictment or information, not a bar to, § 753. Judgment of senate, resolution becomes on adoption, § 748. Judgment on conviction, what may be, § 749. Judgment of suspension, effect of, § 750. Judgment on conviction pronounced, how, § 747. Notice to appear and answer, § 740. Oath of senators, § 745. Office, filling of, in case of removal, § 751. Office to be temporarily filled pending, § 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. Plea, refusal to make, proceedings, § 744. Presiding officer, when lieutenant-governor impeached, § 752. Proceedings for preserved by code, § 10. Punishment of, §§ 749-753. Eemoval otherwise than by impeachment, §§ 758-777. Service on defendant of articles of impeachment, § 740. Service of articles may be by publication when, § 741. Service of articles may be made on defendant personally, § 741. Suspension, effect of judgment of, § 750. Swearing president of senate, § 74.5. Swearing senators, § 745. To be by resolution originated in assembly, § 738. Trial to be before senate, § 738. Two-thirds to convict, § 746. IMPERSONATION, FALSE: See False Personation. IMPLEMENTS, i)08session of burglarious, § 406. Pen. CoUe— 53 834 IMPORTATION— INDECENT LANGUAGE. IMPORTATION of Chinese or Japanese, §§ 174, 175. Of convicts, §§ 173, 175. IMPRISONMENT: See Punishment; Sentence. Before conviction, unnecessary restraint, § 688. Civil rights suspended during, § 673. Civil death from life imprisonment, § 674. Convict protected diiring, § 676. Discretion where limit is imprisonment for life, § 671. Duty of sheriff on receiving copy of judgment of, § 1216, Duration, on judgment to pay fine, § 1205. Fine and, duration of imprisonment, § 1205. Fine may be added to, § 672. Forfeiture resulting from, § 677. Judgment of fine and imprisonment, how executed, § 1215. Judgment of, how executed, § 1455. Prisoner not incompetent as witness, § 675. Prisoner competent to convey property, § 675. Second term of, when commences, § 669. Temporary release of prisoner, time not to be com- puted, § 670. Term of commences when, § 670. IMPROVEMENT, removing from mortgaged property a larceny, § 502. INCEST defined, § 285. Jurisdiction of, § 785. Marriage, solemnizing an incestuous, § 359. Punishment of, § 285. INCLOSURES, leaving open, act to prevent, p. 599. Tearing down fences to make passage through; p. 598, Stats. INDECENT articles to be seized, § 312. Articles, character of, to be determined, § 313. Articles to be destroyed, § 314. INDECENT EXPOSURE, what constitutes, § 311. Lascivious conduct with child, § 288. Punishment of, § 311. INDECENT LANGUAGE, § 415. INDIAN— INDICTMENT. 835 INDIAN, ammunition, sale to, § 398. Firearms, sale to, § 398. Liquor, sale to, § 397. Not punishable as vagrants, § 647. INDICTMENT: See Grand Jury; Information. Accessory before fact, and principal, distinction abol- ished, § 971. Accessory before fact, indictment, allegations in, § 971. Accessory, of, though principal not indicted, § 972. Acquittal of one or more, when several charged, § 970. Alternative, offense may be set out in, § 954. Arrest of judgment for defects in, § 1185. Bail on, §§ 1284-1289. Certain, must be, as to what, § 952. Concurrence of twelve jurors necessary, § 940. Conspiracy to procure, § 182. Conspiracy to cheat, for, § 967. Construction of words in, §§ 957, 958. Contain what, § 950. Counts in, § 954. Custody, proceedings when defendant not in, § 945. Defendant can be convicted of but one offense charged, § 954. Defined, § 917. Degree of evidence to warrant finding, § 921. Demurrer to: See Demurrer. Demurrer, allowance of, examination before magistrate after, § 1008. Demurrer, how far a bar when allowed, § 1008. Demurrer to, grounds of, § 1004. Demurrer to, exception may be taken to ruling on, § 1172. Different offenses relating to same act may be charged, § 954. Different statements of same offense permitted, § 954, Direct, must be, as to what, § 952. Different offenses, charging, § 954. Disclosing fact of, § 168. Disclosing fact of presentment, § 168. Dismissal of, not a former acquittal, § 1021. Dismissal, resubmission to grand jury, § 942. Dismissal, return of depositions, etc., to court, § 941. Election between counts not required, § 954. Embezzlement, for, § 967. Error in form merely does not affect, § 960. INDICTMENT. Evidence suf3Scient 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, § 965. Form of, § 951. Found after allowance of challenge to panel set aside, § 899. Found when presented and filed, § 803. Impeachment not a bar to, § 753. Indorsement of, § 940. Indorsement that charge dismissed, § 941. Insufficient, not for defect in form, § 960. Judicial notice, § 961. Judgment pleaded, how, § 962. Larceny, for, § 967. Libel, for, § 964. Limitation of time to file, §§ 799, 800, 801. Limitation of time to file, absence of defendant sus- pends, § 802. Motion to set aside, exception may be taken to ruling on, § 1172. Name, in wrong, proceedings at arraignment, § 989. Name, wrong, in, inserting correct name, § 953. Number of jurors necessary to find, § 940. Objections to, h'ow taken, § 1012. Objections to, waived when, § 996. Objections to, what need not be taken by demurrer, § 1012. Objections to, what to be taken by demurrer, § 1012. Obscene books, etc., for selling, etc., § 968. Offense may be set out in alternative, § 954. Offense may be set forth under different counts, § 954. Offenses occurring at different times and places not to be joined, § 954. Offense, one only to be charged, § 954. Officers, indictments against, § 890. Perjury or subornation of, § 966. Presented, how, § 944. Presentment defined, § 916. Presumption of guilt from finding, § 1270. Presumptions of law need not be stated, § 961. Prior conviction, charge not to be made to jury or al- luded to, § 1025. INDICTMENT— INDORSEMENT. S37 Prior conviction, how charged, § 969. Prior convictions, not more than two to be charged, S 969. Private injury, erroneous statement as to injured per- son not material, § 956. Private statute, pleading, § 963. Eesubmission where charge dismissed, § 942. 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. Statute, not following words of, § 958. Sui3Eicieut, when, generally, § 959. Superior judge, of, proceedings on, § 1029. Time of offense, statement of, § 955. 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, § 1185. Waiving objections to, § 996. What must contain, § 950. What prosecutions must be by, §§ 682, 888. What to contain generally, § 950. When offenses not prosecuted by, § 682. When offense prosecuted by, § 682. When sufficient, generally, § 959. Witnesses, indorsement of names on, § 943. Witnesses, insertion of narties of, § 943. Words of statute not to be pursued strictly, § 958. See Accusation; Demurrer; Information; Pleading, etc. INDORSEMENT, commitment on warrant of arrest, of, § 863. Commitment, when offense bailable, of, § 875. Commitment, when offense not bailable, of, § 873. Magistrate, when defendant held to answer, of, § 872. Magistrate, when defendant discharged, of, § 871. Indictment, on, § 940. Warrant of arrest, on, § 819. Order for admission to bail, on, § 982. §38 INDUSTRY— INFANT. INDUSTRY: See Preston School of Industry. INEBRIATE, home for, act continued in force, § 23. INFANT, abandoning by parent, § 271. Abduction for purpose of prostitution, punishment of, § 267. Acts for protection of children, § 272, note. Apprenticing or selling children for exhibitions, as mendicants or for immoral purposes, p. 614, Stats. Begging, using for, §§ 272, 273. Begging, prevention of and punishment for, p. 617 Stats. Challenge to, as grand juror, § 896. Charitable corporation, commiting delinquents to, 1388. Child under sentence not to be confined or transported with adult, § 273b. Child-stealing, § 278. Criminal liability of, § 26. Cruelty to, a misdemeanor, § 273a. Cruelty to, incorporation of societies for prevention of, p. 612, Stats. Custody, may be committed to orphan asylum, etc., when, § 273d. Delinquent committed to charitable corporation, ex- penses of, § 1388. Employees not to be sent to questionable resorts, § 1389. Endangering life, limb, or health of child, § 273a. Enticing away child, jurisdiction, § 784. Execution of judgment of death, infant not permitted at, § 1229. Exhibition of, unlawful, § 272. Expenses of under probationary treatment, § 1388. Fines for offenses to children, disposition of, § 273c. Fraudulent pretenses as to birth of, to secure propertv. § 156. Gamble, permitting to, § 336, Hire of, unlawful, § 272. Immoral place, sending minor, to, § 273e. Intoxicating liquors, selling or giving to, a misde- meanor, § 397b, note; pp. 619, 620, Stats. Intoxicating liquors, not permitted to enter place where sold, p. 617, Stats. INFANT— INFORMATION. 839 Junk, etc., receiving from, § 501. 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; Whittle State School. Kidnaping: See Kidnaping. Lascivious conduct with, § 288. Liquor, act to prevent sale of to children, § 397b, note. Liquor, giving or selling to minor under eighteen, i 397b. Liquor, selling or giving to minor, punishment, § 397b. Mendicant purposes, using for, § 272; p. 614, Stats. Musician, consent to employment of child as, § 272. Musician, employment of child as, § 272. Parent omitting to provide for, § 270. Persons inciting children under fourteen to commit are principals, § 31. Probationary treatment of juvenile delinquents, § 1388. Prostitution, admitting to or keeping in places of, § 309. Prostitution, sending minor to house of, § 273e. • Receiving junk in pledge from minors a misdemeanor, § SOL Requiring wards or apprentices to work more than eight hours a misdemeanor, § 651. Sale or disposing of for certain purposes forbidden, § 272; p. 614, Stats. Saloon, permitting minor under eighteen to enter, § 397b. Sending minor under eighteen to immoral place, § 273. Substituting o*ie for another, § 157. Tobacco, sale of to infants under sixteen, § 308. Undertaking of, as witness at preliminary examina- tion, § 880. Use of for what purposes, unlawful, § 272. INFORMATION: See Indictment. Accessory before fact, and principal, distinction abol- ished, § 971. Accessory, against, though principal not informed against, § 972. Acquittal of one or more when several charged, § 97 Alternative, offense may be charged in, § 954. INFORMATION. Arrest of judgment for defects in, § 1185. Arrest, without warrant, on, § 849. Complaint defined, § 806. Conspiracy to clieat, for, § 967. Construction of words in, § 957. Contain what, generally, § 950. Counts, § 954. Defect of form, not insufficient for, § 960. Defendant can be convicted of but one 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, exception may be taken to ruling on, 1172. Demurrer to: See Demurrer. Deposition of prosecutor and witnesses on, § 811. Different offenses, charging, § 954. Different offenses relating to same act may be charged, § 954. Different statements of same offense permitted, § 954. Disclosing fact of finding of, punishment of, § 168. Dismissal of, not a former acquittal. § 1021. Election between different counts in not required, § 954. Embezzlement, for, § 967. Error in form merely does not affect, §• 960. Examination of prosecutor and witnesses on, § 811. Piling after examination and commitment, time of, § 809. First pleading of people is, § 949. Forgery, for, § 965. Form of, § 809. For offense triable in another county, proceedings, ." 827. Impeachment not a bar to, § 753. Insufficient, not for defect of form, § 960. Judicial notice, matters of need not be stated, § 961. Judgment pleaded, how, § 962. Larceny, for, § 967. Libel, for, § 964. Limitation of time to file, §§ 799, 800, 801. Motion to set aside exception may be taken to ruling on, § 1172. Must contain what, generally, § 950. INFORMATION. 841 Name, in wrong, proceedings at arraignment, § 989. Objections to, bow taken, § 1012. Objections to, what need not be taken by demurrer, § 1012. Objections to, what to be taken by demurrer, § 1012. Obscene books, etc., for selling, etc., § 968. Offense may be charged in alternative, § 954. Offense may be charged in different counts, § 954. Offenses occurring at different times and places not to be joined,- § 954. Offense, one only to be charged, § 954. Officer, against, where found or filed, § 890. Officers, removal of, §§ 889, 890. People, to be in name of, § 809. Perjury or subornation of, for, § 966. Presumptions of law need not be stated, § 961. Prior conviction, charge not to be made to jury or al- luded 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. Setting aside, effect of order for resubmission, § 998. Setting aside on motion, grounds for, § 995. 'Setting aside, order, as bar to future prosecution, § 999. Setting aside, proceedings where motion granted, § 997. Setting aside, proceedings where motion denied, § 997. Statute, not following words of, § 958. Subscribed by district attorney, § 809. Sufficient, when generally, § 959. Sujierior judge, against, proceedings on, § 1029. Tlireatencd offense, of, § 701. Time of filing, § 809. Time of offense, statement of, § 955. Verdict must state offense where several charged, § 954. Waiver of defects for failure to demur, § 1185. Waiving objections to, § 996. What prosecutions must be by, §§ 682, 888. What to contain generally, § 950. When sufficient generally, § 959. When offense not prosecuted by, § 082. When offense prosecuted by, § 682. 842 INFORMATION— INSANE PERSON. Words of statute not to be pursued strictly, § 958. See Demurrer; Indictment; Pleading; Accusation, etc. INFORMER of threatened offense, examination of, § 702. Of committed offense, examination of, § 811. INHERITANCE, fraudulent pretenses relative to birth, § 156. INHUMANITY TO PRISONER, punishment of, § 147. INJUNCTIONS, use of limited in disputes between master and servant, p. 581, Stats. INJURY, extortion by threat to commit, § 519. INJURY, MALICIOUS: See Malicious Mischief. INNKEEPER, defrauding, § 537. Gas not to be turned on at meter, p. 610, Stats. (jru^st, refusing to receive, § 365. Number of cubic feet for each person, p. 632, Stats. INNOCENCE, procuring execution of innocent persons by perjury, § 128. Presumption of, § 1096. INQUEST: See Coroner. INSANE PERSON, acquittal on ground of insanity, pro- ceedings on, § 1167. Argument of counsel in trial of sanity, § 1369. Bail, deposit in place of, on commitment of, § 1371. Bail exonerated by commitment of, § 1371. Building for insane prisoners, erection of at San Quen- tin, p. 717, Stats. Challenge to, as grand juror, § 896. Committing to asylum after verdict of insanity, § 1370. Compensation of " sheriff for conveying insane persons to asylums, p. 691, Stats. Criminal liability of, § 26. Cruelty to, § 361. Custody of, after regains reason, § 1372. Defendant found insane detained in hospital until san- ity, § 1372. _ _ Delivery to asylum of insane person, after conviction, § 1224. Detained in asylum until sane, § 1372, INSANE PERSON. 843 Doubts as to sanity of defendant, how determined, § 1368. Evidence, order of, on trial of sanity, § 1369. 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. 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 of death, proceedings in case of insanity of defendant, §§ 1221-1224. Judgment, rendition of after sanity restored, § 1272. Jury to determine sanity, § 1368. Notice that lunatic committed has regained reason, § 1372. Order of trial of sanity, § 1369. Persons inciting commission of crime bv, liable as principals, § 31, Prisoners, removal to insane asylum, § 1582. Prisoners, return of where not insane, § 1582. Proceedings after defendant sent to hospital becomes sane, § 1372. Proceedings on doubt as to sanity of defendant, § 1368. Proceedings to determine defendant's sanity, after con- viction, §§ 1221-1224. Proceedings where at judgment claims he is insane, § 1201. Proceedings where defendant found insane, § 1370. Proceedings where defendant found sane, § 1370. Punished, cannot be, § 1367. Eape of, § 261. Sanity, determined, how, § 1368. Sanity, order of trial of, § 1369. Sentenced, cannot be, § 1367. Suspension of trial or judgment, to determine sanity, § 1368. Trial of, after reason regained, § 1372. Tried, cannot be, § 1367. Verdict as to sanity, and proceedings thereon, § 1370. Verdict of insanity, coniiiiitment to asylum, § 1370. Who arc persons of sound mind, § 21. S44 INSOLVENCY— INSTRUMENT. INSOLVENCY, fraudulent, §§ 557-572. Officer of insolvent bank receiving deposit guilty of misdemeanor, § 562. INSPECTION, corporate books, refusal of, § 565. Officer connected with revenue refusing, of books, pun- ishment of, § 440. INSPECTOR OF ELECTION: See Elections. INSTRUCTIONS, appeal, review on, when instructions writ- ten, § 1176. Duty in giving or refusing, § 1127. Duty of court generally, § 1127. , Errors, immaterial, in general, § 1404. Essentials of, generally, § 1127. Excepting to written not necessary, § 1176. Exception may be taken to, § 1170. Fact, court cannot charge on question of, § 1439. Form part of record on appeal, § 1176. Grand .jury, charge to, §§ 905, 928. How presented for review, § 1176. Indorsing or signing decision on, § 1127. Insanity, on trial of, § 1369. Justice's court, in, § 1439. Law, court may declare, § 1093. Need not be embodied in bill of exceptions, § 1176. Oral or written, § 1127. Part given, part refused, indorsement distinguishing, § 1127. Points pertinent to issue, court must instruct on, § 1093. Reporter to take down where not written, §§ 1093, 1127. Requests for, § 1127. Retiring jury may take with them, § 1137. Testimony, court may state, § 1093. Time for, § 1093. Written, appeal, review on, § 1176. Written need not be excepted to, § 1176. Written, to be except in certain cases, § 1127. INSTRUMENT, destroying, to prevent use at trial, § 135. Injurv or destroving, § 617. Larceny of, §§ 492, 494. Offering forged, for record, § 115. INSURANCE— INTOXICATING LIQUOR. S45 Offering forged, in evidence, § 132. Use of false, upon trial, § 134. INSURANCE, burning insured property, § 548. Destroying insured property, § 548. False proofs to support claim for, § 549. Foreign company noncompliance with law, § 439. Lottery tickets, of, § 324. Police relief, health and life insurance fund, payment to, p. 643, Stats. INSURRECTION, attempting rescue or escape while county in state of, § 411. Governor may order out militia, § 732. Governor may declare county in, § 732. Resisting process where county in state of, § 411. Resisting the quelling of, § 411. Revoking proclamation of, by governor, § 733. INTENT, determined how, intoxicated person, § 22. Must be united with act, § 20. Manifested, how, § 21. To commit murder, assault with, § 217. To defraud, assignment made with, § 154. To defraud, what sufficient, § 8. Unity of act and intent necessary, § 20. INTEREST, pawnbroking, §§ 338, 340. INTERMENT: See Cemetery. INTERPRETER, grand .jury, before, § 925. Appointment of Italian interpreter in cities and coun- ties and counties over one hundred thousand, p. 618, Stats. INTIMIDATION, juror, of, § 95. Voter of: See Election. INTOXICATING LIQUOR, lulministcring, § 222. .\(liiltcrati()n of, § 3S2. Bringing to or in vicinity of f)risons, etc., § 180a. Camp-meeting, sale at, §§ 301-, 305. Drunkard, sale to, § 397; p. 621, Stats. Election days, selling or giving away on, § 63b. Election day, sale of liquors on, § 63b, act to prevent, p. 622. Indian, sale to, § 397. S46 INTOXICATING LIQUOR— INVOLUNTARY SERVITUDE. Infant under eighteen, giving or selling to, § 397b. Infants, act relating to sale of liquor to, § 397b, note. Infant under eighteen, permitting to enter saloon, § 397b. Infant under eigliteen, selling or giving liquor to, pun- ishment of, § 397b. • Procuring or permitting exhibition of females in saloons forbidden, § 306. Sale of liquor within mile of insane asylum at Napa a misdemeanor, § 172. Sale of, prohibited in vicinity of what institutions, !> 172. Sale of, within certain distances of certain public insti- tutions, § 172. Sale of. near soldiers' home, act relating to, § 172, note. Sale of, near University of California, act relating to, § 172, note. Sale of, in state capitol building, act relating to, § 172, note. INVOICE, fraudulent, § 541. Destroying a misdemeanor, § 355. INVOLUNTARY SERVITUDE, holding or attempting In hold one in, § ISl. Soldiers ' home, sale of in vicinity of, act to prevent, p. 622. State capitol, not to be sold in, p. 623, Stats. Theaters, employing women to sell at, a misdemeanor, § 303. Theaters, sale of at, a misdemeanor, § 303. University of California, sale of liquor within one mile of, a misdemeanor, § 172. Wages, payment in saloon, § 680. INTOXICATION, as defense to crime, § 22. Officers, intoxication of, punishment of, p. 635, Stats. Persons contriving of another to cause him to com- mit crime are principals, § 31. Physician, intoxicated, guilty of misdemeanor, when, § 346. Eailway employees, of, § 391. Telegraph operator, of, § 391. Train dispatcher, of, § 391. Vagrants, who are, § 647. INVENTORY of property taken under search-warrant, §§ 1537, 1538. INVOLUNTARY SERVITUDE— JAIL. 847 Holding or attemptftig to hold one in, a felony, § 181. Jurisdiction of offense of kidnaping for, § 784. Kidnaping for purpose of, § 207. IRRIGATION, malicious injury to works, §§ 592, 607. ITALIAN INTERPRETER, appointment of, in cities and counties and counties over one hundred thousand p. 618, Stats. TSSUE, fact, of; defined, § 1041. Fact, of, tried how, § 1042. Fact, of, when arises, § 1041. Justice 's court, in, how tried, § 1430. Presence of defendant at trial, § 1043. Challenge, in trial of, §§ 1061, 1078, 1081. JAIL: See Prison. Accommodations for prisoners, § 1611. Civil process, prisoner on, when not to be received, § 1612. Civil process, security for expenses of ^jrisoncr, § 1612. Classes of inmates, separate confinement of, §§ 1598, 1599. Confinement to be actual, § 1600. Contagious disease, removal of prisoners in case of, § 1608. Contiguous county, of, using, §§ 1603-1606. Credits of prisoner in county jail for good behavior, § 1614. Destroying, injuring, etc., § 606. Escape, going at large is, § 1600. Escape, jailer suffering, punishment of, S lOS. Federal prisoners, §§ IGOi; 1602. Females separate from males, §§ 1598, 7590 Fire, removal of prisoners in case of, § 1607. Guard for, § 1610. Jailer refusing to receive or arrest party charged with crime, § 142. Kept by whom, § 1597. Labor by prisoners, rules and regulations, rcspeccing, § 1614. Labor, prisoners may be required to, § 1613. Other county, of, liability for prisoners in, S 1604. Other county, of, return of |)risonerH from, § 1606. Other county, of, jailer to receive prisoners, § 1604. S4S JAIL— JUDGE. Other county, of, when may be used, § 1603. Other county, of, when use of to cease, § 1605. Pestilence, removal of prisoners in ease of, § 1608. Prisoner in, how brought before court, § 1567. Prisoners on civil process when not received, § 1612. Rooms required in, § 1598. Rules and regulations, § 1614. Separate confinement of different classes, §§ 1598, 1599. Separation of children and adults, p. 623, Stats. 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. Used for what, § 1597. Who confined in, § 1597. JAPANESE, importation of, §§ 174, 175. Importation of women for immoral purposes, § 266c; p. 653, Stats. Separate offense for each one landed, § 175. JEOPARDY: See Former Jeopardy. JOINT authority, construction of words, giving, § 7. Defendants, when tried separately or jointly, § 1098. JOINT DEFENDANTS, acquittal or conviction of one or more, § 970. Verdict as to some, new trial as to others, § 1160. JOINT STOCK COMPANY, director at meeting presumed to assent to proceedings, when, § 569. Failure of oflicers to obey legal duty a felony, § 564. False reports by officers a felony, § 564. Fraud in keeping accounts of, punishment of, § 563. JUDGE, bribery of, §§ 92, 93. Disclosing fact of indictment being found, a misde- meanor, § 168. Federal judge, offense against, p. 582, Stats. Impeachment, liable to, § 737. Plains, of, effect of code on statute, m relation to, § 23. Receiving bribe, punishment of, § 93. Receiving emolument or reward, punishment of, § 94. Salary of reporter, receiving part of, § 94. JUDGE— JUDGMENT. 843 Stenographer, receiving part of salary of, by tadieial officer, § 94. Superior, proceedings on information against or indict- ment of, § 1029. See Superior Court Judge; Justice of Peace. JUDGMENT: See Execution; Sentence. Affirmed or appeal dismissed, proceedings in case of, § 1470. Aggravation of punishment, §§ 1203, 1204. Aggravation of punishment, proof of matters in, § 1204. Agreeing to give, punishment of, § 96. Appeal, on, §§ 1258-1265. Appeal from, time of taking, § 1239. Arraignment of defendant for, § 1200. Arrest of, §§ 1185-1188. Arrest of defendant out on bail, § 1195. Arrest of, defendant when to be held or discharged, § 1188. Arrest of, exception may be taken to ruling oti motion in, § 1172. Authority necessary to execution of, other than death, § "1213. Bench-warrant to defendant out on bail, §§ 1195-1198. Cause against, what may be shown, § 1201. Certified copy to be furnished officer who executes it, § 1213. Costs against prosecutor, for, § 1448. Death, of, how executed, §§ 1217, 1228, 1229. Death, of, opinion of justices, § 1219. Death, of, power to suspend, § 1220. Death, of, proceedings where defendant becomes insane, §§ 1221-1224. Death, of, proceedings where defendant pregnant, §§ 1225, 1226. Death, of, proceedings when not been executed, § 1227. Death, of, return upon death warrant, § 1230. Death, of, transmission of papers to governor, § 1218. Defendant in custody, bringing before court, § 1194. Defendant on bail not appearing, bench-warrant, § 1195. Delivery of copy of, warden of prison, § 1216. Demurrer, on, § 1007. Deposit in place of bail to be ai)[)lied on, § 1297. Dismissal: See Dismissal. Entry of, § 1207. Pen. Code— 54 JUDGMENT. Exception may be taken to decision on order after judg- ment, § 1172. Execution of judgment other than of death, § 1213. Felony, time of pronouncing, in case of, § 1191. Pine and imprisonment, of, how execiited, § 1215. Fine and imprisonment, limitation on imprisonment, § 1205. Fine, for, execution may be issued thereon, § 1214. Fine, for, may direct imprisonment until paid, § 1446. 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 de- feat, §§ 154, 155. Impeachment, on, §§ 747-749. Imprisonment in state prison, for, how executed, § 1216. Infant delinquents, probationary treatment of, § 1388. See Infant. Informal verdict on, § 1162. Insanity, showing against, § 1201. Insanitv of defendant, proceedings to determine, §S 1221-1224. Judgment-roll, § 1207. Jurisdiction, facts constituting to be shown on trial, § 962. Justice's court, in, §§ 1445-1456. Lien of judgment for fine, § 1206. Mitigation of punishment, § 1203, 1204. Mitigation of punishment, proof of matters in, § 1204. Pleaded, how, § 962. Presence of defendant, necessity of, § 1193. Presence of defendant, when in custody, § 1194. Probationary treatment of juvenile offenders, § 1388. Probationarv treatment, on judgment of fine and im- prisonment, §§ 1203, 1215. Probation, suspension of sentence, and placing defend- ant on, § 1203. Probation, rearrest of defendant and pronouncing judg- ment, §§ 1203, 1215. Probation, revocation, suspension or modification of. §§ 1203, 1215. Probation, termination of and discharge of defendant, § 1203. Proceedings on arraignment for jiidgment, § 1200. JUDGMENT— JURISDICTION. 851 Proceedings where female under death sentence is preg- nant, §§ 1225, 1226. Pronounced, if no cause against shown, § 1201. Purchase of, by constable or justice, § 97. Eecord of action, what constitutes, § 1207. Sanity, rendition of judgment after restoration of de- fendant to, § 1372. Special verdict, on, how given, § 1154. Summary' inquiry into matters of aggravation or miti- gation of punishment, § 1203. Time for, appointing, § 1191. Transmission of papers to governor, where judgment of death, § 1218. JUDGMENT-ROLL, what constitutes, § 1207. JUDICIAL NOTICE, matters of need not be stated in indict- ment or information, § 961. Private statute, § 963. JUDICIAL OFFICER: See Officer. Bribery of, §§ 92, 93. Federal, offense against, p. 582, Stats. Salary of stenographer or reporter, receiving part of. § 94. JUNK, infant, receiving from, § 501. JUNK-DEALERS, buying from minors, § 501. Failing to keep register, § 339. Refusal to disclose facts, § 342. Refusing inspection of books, § 343. Sections applying to, § 502. Subject to rules of pawnbrokers, § 344. JURISDICTION, abduction, of, § 784. Accessories, principal offense in another county, § 791. Acts partly within one county, and partly within an- other, § 781. Bigamy, § 785. Boundary of counties, act on, § 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, § 784. County where committed, jurisdiction is in, § 777. County, act partly in one and partly in another, § 781. 28 JURISDICTION. County, property feloniously taken out of, and brought 'into, § 786. Crimes committed out of state, when punishable in state, § 27. Discharge of defendant where court without, § 1116. Discharge of defendant where jury dismissed for lack of, §§ 1114, 1115. Duel, leaving state to evade statute, §§ 231, 780. Duel without state, death within, § 779. Embezzlement out of state, property brought in, § 789. Enticing away child, § 784. Escape from prison of, § 787. 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, pro- ceedings, § 827. In general, § 777. Judgment, facts constituting to be shown on trial, § 962. Jury discharged for lack of, §§ 1113-1116. Justice 's court, of, § 1425. Kidnaping, of, § 784. Larceny out of state, goods brought in, § 789. Objection, how taken, § 1012. Objection to, not waived, § 1012. Offense commenced without but consummated within state, § 778. Offenses committed in this state, § 777. Offense committed partly in state, § 778a. Offenses over which courts have, generally, § 777. Person out of state aiding crime within, § 778b. Principal, of, not present at commission of offense, § 792. Prize fight, § 795. Proceedings when court has not, §§ 1114. 1116. Prostitution, inveigling or taking away female for, of. § 784. Eailroad train, jurisdiction where offense committed on, § 783. Eeceiving stolen goods out of state and bringing into. § 789. State, acts without, §§ 778, 779, 780. Train, of offense on, § 783. Treason out of state, of, § 788. Vessel, of offense on, § 783. JURY: See Gmnd Jury. 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 Icept together, § 1135. Accommodations for, who to provide, § 1135. Acquit, advising to, § 1118. Adding to list of jurors, § 116. Adjournment of court during absence of, § 1142. Admonishing not to talk, § 1122. Agreement, officer to conduct jury into court on, § 11-17. Alternate jurors, § 1089. Amendment of challenge to panel, § 1062. Bribing jurors, §§ 92-96. Certifying to false list, § 117. Challenge, affinity, for, § 1074. Challenge, bias, actual, causes stated how, § 1074. Challenge, bias, exception may be taken to, § 1170. Challenge, bias, implied, grounds for, § 1074. Challenge, bias, implied, causes stated how, §§ 1074, 1076, Challenge, bias, what disqualifies, § 1073. 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. Challenges, defendants cannot sever, § 1056. Challenge, defendant to be informed as to when he must take, § 1066. Challenge defined, §§ 1055, 1071. Challenge, denial of, how made and tried, § 1063. Challenge, denial, to be entered, § 1063. Challenge, excei)tion to, and trial thereof, §§ li)77, lo78. Challenge, exemi)tion not ground for, § 1075. Challenge, facts alleged may be denied orally, § 1077. Challenge, fiduciary relation, for, § 1074. (Jhallenge, first by defendant, then by peojile, § 108(). Challenge for cause defined, § 1071. Challenge for cause, general, grounds for, § 1071. Challenge for cause, kiuds of, § 1071. Challenge for cause, order of, § 1087. Challenge for cause, general or particular, § 1071. Challenge for cause, general, causes of, § 1072. Challenge, for cause, particular, causes of, §§ 1071, 1073. Challenge for having served as juror, § 1074, Challenge, grounds of, for implied bias, § 1074. Challenge, kinds of, §§ 1055, 1067, 1071. Challenge, order of, §§ 1086, 1087, 1088. Challenge, particular relations of persons, as ground for. § 1074. Challenge, party for having been, § 1074. Challenge, peremptory, after challenges for cause ex hausted, § 1088^. Challenge, peremptory, defined, § 1069. Challenge, peremptory, number of, § 1070. Challenge, peremptory, how and by whom taken, § 1069. Challenge, peremptory, order of taking, § 1088. Challenge, peremptory or for cause, § 1067. Challenge, rules of evidence on trial of, § 1082. Challenge, time for, § 1068. Challenge to panel allowed, discharge of jury, § 1065. Challenge to panel, amendment of, § 1062. Challenge to panel defined, § 1058. Challenge to panel, exception may be taken to ruling, § 1170. Challenge to panel, exception to and proceedings on, §§ 1061, 1062. Challenge to panel for bias of summoning officer, § 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 disal- lowance, § 1065. Challenge to panel, taken when and how, § 1060. Challenges in justice 's court, § 1436. Challenged juror, examination of, § 1081. Changing lists of, § 116. Charging: See Instructions. Coroner's: See Coroner. Decision of, may be in court, or on retirement, § 1128. Degree of crime to be found, § 1157. Destroying jury-box, § 116. Destroying lists of, § 116. Discharge of, when facts do not constitute offense, pro- ceedings on, § 1117. Discharge, where juror "becomes sick after retirement, § 1139. Discharge of, for want of jurisdiction and proceedings on, §§ 1113-1116. Discliarge of, retrial, § 1147. Discharge of, when all do not appear, § 1147. Discharge of, when facts do not constitute offense, §§ 1113, 1117. Discharged without verdict, cause again tried, § 1141. Discharged, not to be unless no probability of agree- ment, § 1140. Exception to challenge and proceedings on, §§ 106l, 1062, 1077, 1078. Fact, issue of, triable by, § 1042. Fact, questions of to be decided by, § 1126. False lists, § 117. Falsifying lists, § 117. Fees of jurors and payment thereof, § 1143. Formation of, manner of, in general, § 1046. Grand: See Grand Jury. Illness of juror, proceedings on, § 1123. Inquest of: See Coroner. Instruction, jury may take with them, § 1137. Intimidating, § 95. Jury-box, extracting from, or putting names in, § 116. Jury-box, interfering with, § 116. Justice's court in: See Justice's Court. Keeping together or separating during trial, discretion of court, § 1121. Knowledge of juror to be declared, § 1120. Knowledge of facts, proceedings where juror declares, § 1120. Law and fact, may determine in libel, §§ 251, 1126. Law, jury to take from court, § 1126. Lesser offense or attempt, conviction of, § 1159. Lists, altering, changing, or interfering with, a felony, § 116. Mileage of jurors, § 1143. Misconduct of juror, § 96. Misconduct of, new trial, § 1181. Number of jurors in misdemeanor cases, § 1052. Oatli of in justice court, § 1437. Oath of officer having custody of, §§ 1121, 1128, 1440, Officer, removal of, trial to be by, § 767. S56 JURY— JUSTICES' AND POLICE COURT. Opinion, conscientious, of juror, precluding verdict of guilty, § 1074. Opinion, juror not disqualified by, § 1076. Panel defined, § 1057. Papers that may be taken by, on retiring, § 1137. Police court, in: See Police Court. Polling, § 1163. Polling, sending out for further deliberation, § 1163. Proceedings where all jurors do not appear on return with verdict, § 1147. Previous conviction, finding on, § 11-58. Eeceiving bribe, punishment of, § 93. Ketirement of, juror declaring knowledge during, § 1120. Eetirement of, papers that may be taken on, § 1137. Returning for information, § 1138. Return of, on agreement, § 1147. Room and accommodations for, after retirement, § 1135. Rumor, opinion formed, § 1074. Separation during trial, court may permit, §. 1121. Sick juror, proceedings on, § 1123. Sick juror, after retirement, proceedings on, § 1139. Testimony, notes of, jury may take with them, § 1137. Trial of challenge to panel, § 1063. Verdict of : See Verdict. Verdict prevented, trial of cause again, § 1141. View of premises, § 1119. "Waiver of, manner of, § 1042. Witness, juror as on declaring knowledge of fact, § 1120. "Witness, challenged juror as to disprove challenge, § 1081. ■TUSTICE: See Supreme Court Justice. JUSTICE, FEDERAL, offenses against, p. 582, Stats. JUSTICE OF THE PEACE: See Justice's and Police Court. Corporation committing offense, summons to issue, § 1427. Corporation committing offense, summons, service of, and proceedings on, § 1427. Is magistrate, § 808. "Warrant, when must issue, § 1427. JUSTICE'S AND POLICE COURT, acquittal, discharge of defendant on, § 1454. Affidavits, entitling, § 1460. Appeal to superior court, §§ 1466-1470. JUSTICE'S AND POLICE COURT. 857 Appeal: See Appeals. Arrest, form of warrant, § 1427. Arrest of judgment in, § 1450. Arrest of judgment, effe'ct of, § 1452. Arrest of judgment, time for motion in, § 1450. Arrest of judgment, grounds for, § 1452. Bail, § 1458. Challenges to jurors, grounds of, § 1436. Challenges to jurors, court to try, § 1436. Complaint, proceedings to commence by, § 1426. Complaint, form of and what to set forth, § 1426. Conviction, proceedings on, § 1445. Costs, judgment against, prosecutor for and enforce- ment of, § 1448. Court, trial, by, on waiver of jury, § 1430. Court cannot charge on question of fact, § 1439. Discharge of defendant on pavment of fine, § 1457. Docket of, how kept, § 1428. " Execution of judgment for imprisonment, manner of, § 1455. Execution of judgment of - imprisonment until fine is paid, § 1456. Pact, court not to instruct as to, § 1439. Fine and imprisonment, on nonpayment, § 1447. Fine, failure to pay over, § 427. Fine, judgment of, discharge of defendant, § 1454. Fines and forfeitures, how disposed of, § 1457. Instructions as to facts not to be given, § 1439. Issue tried how, § 1430. Judgment, bail to appear for, postponement, § 1449. Judgment, purchase of by a justice, § 97. Judgment of fine may direct imprisonment, § 1446. .ludgment, time for rendering, §§ 1449, 1453. Judgment to be entered in minntes, § 1453. Jurisdiction, have, over what offenses, § 1425. Jury, discharge of, without verdict, §§ 1443, 1444. •Jury discharged, retrial of defendant, § 1444. Jury, formation of, § 1435. Jury may decide in court or retire, § 1440. .Jury trial, how conducted, § 1438. .Jury waived how, § 1435. Law, court to decide questions of, § 1439. 858 JUSTICE'S AND POLICE COURT— JUVENILE COURT. Lottery, proceedings to enforce forfeiture of property in, § 325. Magistrate, justice is a, § 808. Minutes kept how, § 1428. 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. Plea, and how put in, § 1429. Plea of guilty, jjroceedings on, § 1429, 1445. Postponement of trial, right of, § 1433. Presence of defendant necessary, 8 1434. Prosecution need not be by indictment or information, § 682. Subpoenas, punishment for disobedience, § 1459. Subpoenas, who may issue, § 1459. Trial conducted how, § 1438. Venue, change of, §§ 1431, 1432. Verdict, discharge of jurv without, and proceedings on, §§ 1443, 1444. Verdict of jury, how delivered and entered, § 1441. Verdict of jury, when several -defendants, § 1442. Verdict to be general, § 1441. JUTE, buildings, land and machinery for manufacture of at San Quentin, p. 717, Stats. Establishment of permanent fund for purchase of, p. 717, Stats. Purchase and manufacture of at San Quentin, p. 717, Stats. JUVENILE COURT. Boards to investigate organizations receiving children, appointment and duties of, p. 623, Stats. Control, protection and treatment of dependent and de- linquent children, p. 623, Stats. Creation, powers and duties of, p. 623, Stats. Probation officers, appointment, powers and duties, p. 623, Stats. Procedure in, p. 623, Stats. Proceedings under act, when admissible in evidence, p. 623, Stats. Separation of children and adults, p. 623, Stats. JUVENILE DELINQUENT— LANDMARK. 859 JUVENILE DELINQUENT, probationary treatment of, S 1388. ^ KIDNAPING: See Abduction. , Abduction out of state, and bringing person in state, § 207. Child, § 278. Defined, § 207. Jurisdiction of, § 784. Out of state, and bringing person within state, § 207. Punishment of, §§ 208, 209. What amounts to, §§ 207, 209. KINGS RIVER, destruction of fish in, act to prevent, p. 606. KLAMATH RIVER, limit of tide-water in, § 634. KNOWINGLY defined, § 7. LABEL: See Trademark. False, on articles, a misdemeanor, § 349a. False, on goods, punishment for affixing, § 349a. Poisons, sale of, packages to be labeled, § 347a. LABOR, eight hours, requiring minors to work more than, § 651. Prisoners may be required to, § 1613. Prisoners, rules and regulations therefor, § 1614. Stone-cutting by convict forbidden, § 1588. See Hours of Labor. LABOR ORGANIZATION, coercing persons not to join, § 679. LAKE BIGLER, preservation of fish in, p. 606, Stats. LAKE CHABOT, fishing in, forbidden, p. 605, Stats. LAKE MERRITT, act to prevent destruction of fish and game in and around, continued in force, § 23. LANDLORD AND TENANT: See Lease. Gambling by infant, lessee permitting, § 336. Gambling, permitting by lessor, §§ 331, 336. LANDMARK, defacing, removing, etc., § 605. S60 LARCENY. LARCENY, allegations of theft of bank notes, moneys, cer- tificates, etc., sustained when, § 1131. Assault with intent to commit, § 220. Bicycles, taking is grand, § 487. Bringing stolen property' within state, punishment, § 27, 497. County treasurer, delivery of unclaimed property to, § 1411. Custody of the property by peace officer, § 1497. Defined, § 484. Degrees of, § 486. . Delivery of the property to owner, §§ 1408-1410. Dogs, of, § 491. Electricity, stealing of, § 499a. Evidence to prove, § 1131. Eire, of goods saved from, in San Francisco, § 500. Fixtures, or, § 493. Gas, stealing of, § 498. Grand or petit, § 486. Grand, articles subject of, § 487. Grand, converting realty into personalty with felonious intent, p. 631, Stats. Grand, defined, § 487. Grand, stealing amalgam, gold dust or quicksilver from any mining claim, p. 631, Stats. Grand, what amounts to, § 487. Indictment or information for, § 967. Jurisdiction when committed out of state, goods brought jn, § 789. Jurisdiction where property brought into county, § 786. Lost property, of, §'485. Mortgaged chattel, removing or disposing of without consent, larceny, § 537. Mortgaged personalty, fraud in transferring, is, § 538. Mortgaged property, removing improvements from is, when, § 502, Out of state, goods brought in, § 497. Petit or grand, § 486. Petit defined, § 488. Petit, jurisdiction of justice's court over, § 1425. Petit, punishment where second offense, § 666. LARCENY— LEGISLATURE. 8G1 Property or money taken from prisoner, and receipt therefor, §§ 1412, 1413. Public documents, of, §§ 113, 114. Punishment of grand, § 489. Punishment of petit, J 490. Punishment of second offense, § 666. Realty, severing or removing a part of is, § 495. Receiving stolen property, punishment for, § 496. Receiving stolen ])roperty, purchasing or receiving when evidence of theft, § 496. Records, of, §§ 113, 114. Removal of property subject to chattel mortgage without consent, § 538. Search-warrant in ease of, § 1524. Second offense, § 666. Stolen goods, buying or receiving, § 496. Stolen goods, receiving, evidence, § 496. Stolen property, bringing into state, § 27. Tickets, of, and value of, §§ 493, 494. Value of written instruments, §§ 492, 494. Water, of, § 499. Written instruments, value of, § 492. Written instruments, not delivered, of, § 494. LASCIVIOUS CONDUCT wath child, § 288. LAUDANUM: See Drugs; Narcotics. LAW, court to decide questions of, §§ 1124, 1126, 1439. Exceptions may be taken to decisions on questions of, §§ 1170, 1172, 1173. Jury to take from court, § 1126. Libel, jury decides both law and fact in, § 1125. LAWFUL RESISTANCE, when and bv whom made, §§ 692- 694. LEASE, forgery of, § 470. Gambling, lessee permitting iiii'aiit to gamble, § 336. Gambling, permitting by lessor, §§ 331, 336. Lottery, of building for, § 326. Prostitution or assignation, letting house for, § 316. LEGISLATURE, altering draft of bill or resolution, § 83. Altering enrolled copy of bill or resolution, § 84. Bill, alt(ri!ig, §§ 83, 84. 862 LEGISLATURE— LIBEL. Bribe, legislator receiving forfeits office, § 86. Bribery, obtaining money or property to influence vote of member, § 89. Bribes, giving to members, § 85. Bribes, offering to members, § 85. Bribes, receiving by members, § 86. Bribes to members by candidate for United States sen- ate, §§ 63, 63a. Candidate for, pledge by, punishment of, § 55a. Candidate, soliciting vote of, punishment of, § 55a. Candidate for or member of, receiving money from candidate for United States senatorship, § 63a. Disorderly conduct in presence of, § 82. Disqualified to hold office, member is, for what crimes, § 88. Disturbing session, § 82. Forfeiture of office by member, for what crimes, § 88. Lobbying, no privilege of witness in case of, § 89. Lobbying, punishment of, § 89. Members forfeit office, and disqualified, for what crimes, § 88. Obtaining money to influence vote of member, § 89. Obtaining money to influence legislator, privilege c witness, § 89. Preventing the meeting or organization of, § 81. "Resolution, altering, §§ 83, 84. Witness before, refusal to attend, § 87. Witness before, refusal to be sworn or to give evidence, § 87. LETTERS, conveying, to convict in state prison, § 171. Opening or publishing, § 618. Sending, complete when, § 660. Threatening, sending,. §§ 523, 650. LEVEE, cutting, § 607. LEWD: See Obscene. Conduct with child, § 288. LIBEL, author's liability, §§ 253, 258, 259. Cartoon or caricature, publishing, § 258. Defined, § 248. Editor's liability, §§ 253, 258, 259. Indictment or information for, § 964. Jury may determine law and fact, §§ 251, 1126. LIBEL— LIGHT. 863 Malice presumed, § 250. Newspaper articles to be signed, § 259. Newspaper article, failure to sign, punishment, § 259. Offer to prevent publication, extortion by, § 257. Privileged communications, § *56. Privileged communication by interested person, §8 231 256. Privileged, report of public official proceedings is, 254, 255. Privilege, extent of, § 255. Publication, what constitutes, § 252. Publisher's liability, §§ 253, 258, 259. Punishment of, § 249. Special verdict cannot be found in, § 1150. Threatening to publish, § 257. Truth may be given in evidence, § 251. LIBRARY, books, etc., destroying, etc., § 623. Books, etc., detaining from, § 623^/^. LICENSE, carrying on business without, § 435. Delivering without receipt for payment, § 431. Forfeiture of, by attorney, § 162. Forfeiture of, for holding mock auction, § 535. Given for forbidden games, § 337. Necessary to form military company, § 734. Pawnbroking without, § 338. Piloting, unlicensed, § 379. Receipts, blank, other than those prescribed by law, punishment, § 432. Receipt, inserting more than one name in, a misde- meanor, § 431. Receipt, collecting without giving, a misdemeanor, § 431. Receipts for, unlawfully liaving blank, § 432. To form military company revocable at any time, § 734. LIEN, judgment for fine, constitutes, § 1206. LIEUTENANT-GOVERNOR, compensation of as director of state prison, § 1575. Impeachment, liable to, § 737. Vacancy in office, president pro tern, of senate to act as prison director, § 1574. LIGHT: 8ee Signal Light. 864 LIMITATION OF ACTIONS— LOG-ROLLING. LIMITATION OF ACTIONS, absence of defendant from state, § 802. Embezzlement, for, § 799. Falsification of records, for, § 799. Felonies, for, § 800. Indictm.ent found when, § SO.*?. In general, § 800. Misdemeanors, for, § 801. Murder, for, § 799. LIQUOR: See Intoxicating Liquors. LITERARY PROPERTY: gee Copyright. LITERATURE, iujiniiig, in public library, § 623. LIVERY-STABLE KEEPER, breach of agreement with, a misdemeanor, § o37b. Defrauding, a misdemeanor, § 537b. Injury to animal or vehicle obtained from, a misde- meanor, § 537b. LIVESTOCK: See Animals; Railroads. Poisoning, § 596. LOBBYING, obtaining money to influence legislator, § 89. LOBSTERS closed season for, § 628. Possession during closed season, § 628. LOCOMOTIVE, mismanagement of, §§ 349, 368. Omitting to ring at crossing, § 390. LODGER, embezzlement, when guilty, of, § 507. LODGING HOUSE: See Innkeeper. Cubic air law, § 401a, note. Number of cubic feet required for each lodger, § 401a. LOG: See Timber. Defacing marks on, § 356. Driving substances into that will injure saws, a fel- ony, § 593a; p. 633, Stats. Lumber manufacturers, act to protect, § 593a, note. Placing substances in that will injure saws, a felony, § 593a. LOG-ROLLING, punishment of, § 86. LOST PROPERTY— MAGISTRATE. Stio LOST PROPERTY, larceny of, § 485. LOT, city, injury to, § 602. LOTTERY, advertising offices, § 323. Aiding, § 822. * Defined, § 319. Evidence respecting tickets, § 1109. Forfeiture of property offered for disposal in, § 325. Insuring tickets, § 324. Intsuring tickets, publishing offers, § 324. Letting building or vessel for, § 326. Offices, keeping, § 323. Proceedings to enforce forfeiture of property, § 325.' Punishment for drawing, § 320. Punishment for selling tickets, § 321. LUMBER: See Log; Timber, LUNATIC: See Insane Person. MAGISTRATE, arrest, may orally order, when, § 838. Bail, who may admit to, § 1277. Defined, §§ 7, 807. Delay in taking arrested person before, § 145. Depositions, may take, § 811. Depositions and warrants to be delivered to magis- trate hearing, §§ 826, 827, 828. Examination of prosecutor and his witnesses upon com- plaint, § 811. Inability to act, taking before nearest magistrate, § 824. Information for offense triable in another county, pro- ceedings, § 827. Meaning of, § 7. Proceedings where defendant taken before another than one issuing warrant, §§ S26-828. Procedure where defendant brought before, on pre- sentment, § 937. Eioters, refusing or neglecting to disperse, § 410. Taking before, defendant to be brought before without delay, §§ 825, 847, 849. Taking before without delay, defendant arrested with- out warrant, § 849. Taking before, delay in taking arrested person before, a misdemeanor, § 145. Pen. Code— 55 866 MAGISTRATE— MALICIOUS MISCHIEF. Taking defendant before, §§ 821, 824, 827, 828. Taking defendant before nearest, §§ 824, 827, 828. Taking defendant before another magistrate than one who issued warrant, §§ 824, 826, 828. • To transmit warrant, depositions, and undertaking to clerk of court, § 829. Warrant indorsed for service in another county, lia- bility of magistrate, § 820. Who are magistrates, § 808. MAIL: See Letters. MAINTENANCE and champerty, § 161. See Attorneys. MALICE defined, § 7. Implied, defined, § 188. Express, defined, § 188. Homicide, in, § 188. Libel, in, presumption of, § 250. MALICIOUSLY defined, § 7. MALICIOUS MISCHIEF, advertisements, destroying, pun- ishment of, § 616. Animals, killing, maiming, torturing, § 597. Animals, poisoning, § 596. Birds in cemetery, killing, § 598. Books, etc., of public library, to, §§ 623, 6231/4. Bridge, to, §§ 588, 600, 607. Buoys and beacons, to, § 609. Burning bridges, grain, etc., § 600. Burning property of another, punishment of, § 600. Canals, etc., to, §§ 592, 607. Crops, to, § 604. Cruelty to animals: See Cruelty to Animals. Dam, to, § 607. Defined, § 594. Electric lines, to, § 593. Explosives: See Explosives. Explosives, malicious use of, § 601. Fences, to, § 602. Fire alarm apparatus, interference with, § 625a. Fire, false alarm of, turning in, § 625a. Fires, malicious, in general, § 600. Freehold, to, § 602. MALICIOUS MISCHIEF. 867 Gas-pipe, to, § 624. Guide-board, to, § 590. Highways, to, § 588. Improvements, injuring, § 622. Irrigation works, to, § 607. Jails, to, § 606. Landmarks, to, § 605. Letters, opening or publishing, § 618. Lights, exhibiting false, punishment of, § 610. Lights, to, punishment of, § 610. Mile-stone, to, § 590. Misdemeanor, is, § 594. Mooring vessel to buoy or beacon, § 614. Navigation, obstructing, § 613. Navigation, obstructing by throwing overboard bal- last, etc., § 613. Notices, to, § 616. Private way, to, § 588. Proclamations, destroying, punishment of, § 616. Eafts, to, § 608. Eailroads, to, § 587. Eestrictions on sections respecting, § 595. Signals, etc., in coast survey, to, § 615. Signal lights, to, § 610. Signals, false, punishment for exhibiting, § 610. Signboards, to, § 602. Stream, navigable, obstructing, § 611. Telegraph or telephone message, to, §§ 619-621. Telegraphic or telephonic message, alteration of, § 620. Telegraphic or telephonic message, disclosing contents, punishment of, § 619. Telegraph or telephone message; opening, punishment of, § 621. Timber, to, § 602. Toll-gate, to, § 589. Toll-house and gates, § 589. Toll-house, to, § 589. Trees or plants, injuring, § 622. Trespass upon property, punishment of, § 602. United States coast survey, removing signals, posts, etc., of, a misdemeanor, § 615. Vessel, setting adrift, § 603. Water company 's property, to, § 592. Water, drawing, after works closed, § 625. 56S MALICIOUS MISCHIEF— MARRIAGE. ^ Water, etc., pipes, to, § 624. Waterworks, to, § 607. Works of art, injuring, § 622. Written instrument, to, § 617. MALPRACTICE by intoxicated physician, § 346. MANIFEST of cargo, fraudulent, § 541. MANSLAUGHTER: See Homicide. MANUFACTURED GOODS, false imprint or label on, act to prevent, p. 633. MANUFACTURES: See Logs. raise labels a misdemeanor, § 349a. False labels, punishment for affixing, § 349a. Fraud, in stamping and labeling, act to prevent, § 349a, note. MAP, stealing or mutilating, §§ 113, 114. MARIPOSA COUNTY, act to protect stock-raisers in, con- tinued in force, § 23. MARK, act concerning marks in Siskiyou County con- tinued in force, § 23. Altering brands, § 357. Defacing, on logs, etc., § 356. Defacing, on wrecked property, § 355. Signature or subscription include, § 7. Signing by, § 7. MARKET PRICE, fraud to affect, § 395. MARKET VALUE, practicing fraud to affect, a misde- meanor, § 395. MARRIAGE, advertising procurement of dissolution of, a misdemeanor, § 159a. Failure to file license with recorder, punishment, § 360. False record of, punishment of, § 360. False return, punishment of, § 360. False personation, under, § 528. Incestuous, solemnizing an, § 359. Eeturn of, false, § 360. Seduction under promise of, punishment of, § 268. MARRIAGE-MASTER AND SERVANT. 869 Seductiou under promise of marriage, effect of subse- quent marriage, § 269. Solemnizing forbidden, § 359. Solemnization without license, punishment of, § 360. Taking woman with intent to compel her to marry. § 265. Willfully marrying spouse of another, punishment of, § 284. MARRIED PERSON, conveying lands under false repre- sentations, § 534. MARRIED WOMAN, criminal liability of, § 26. Placing in house of prostitution, act to prevent, p. 654. Undertaking of, as witness at preliminary examina- tion, § 880. MARSHAL, warrant of arrest, directed to, § SIS. Peace officer, marshal is, § 817. MASCULINE includes feminine and neuter, § 7. MASK, wearing, § 185. MASTER AND SERVANT: See Elections; Hours of Labor; Eailroads. Child, sending to immoral place, § 273e. Coercion of employee not to join a trade union, a misdemeanor, § 679. Conspiracy, meaning of in disputes between employer and employee limited, p. 581, Stats. Day of rest from labor, act providing, p. 722. Discrimination against member of National Guard, § 421. Embezzlement, when guilty of, § 508. Employees: See Employees. Employment agent, duties and liabilities of, p. 592, Stats. Homicide in defending, § 197. Infant not to be sent to. questionable resort, § 1389. Injunctions in disputes between, use of restricted, p. 581, Stats. Misrepresentations of conditions of employment, a mis- demeanor, p. 635, Stats. Officer receiving part of wages or salary, p. 634, Stats. Receiving part of wages of laborer on juiblic works, a felony, § 653d. S70 MASTER AND SERVANT— MILE-STONE. Receiving part of wages of laborer or subordinate of- ficer, act relating to, § 653dj note. Scaffolding and appliances, obstructing inspection of, § 402c. Scaffolding and appliances, removal of notice that un- safe, § 402e. Scaffolding and appliances unsafe, erection of, § 402c. Sending child under eighteen to immoral place, § 273. MAYHEM, assault with intent to commit, § 220. Defined, § 203. Murder in committing, degree of, § 189. Punishment of, § 204. What constitutes, § 203. MAYOR. Consent to emplovment of child as musician, § 272. Military, may order out, § 728. Peace, duty to preserve, § 720. MEASURES, false, §§ 552-555. See Weights and Measures. MEETING, corporate, §§ 569, 570. Disturbing a public, §§ 58, 59, 403. Police to preserve peace at, § 720. Public, preventing, § 58. Religious, disturbing, § 302. MENACE as affecting liabilit.y, §§ 26, 31. See Duress; Threats. MERCHANDISE, fraudulent issue of documents concern- ing, §§ 577-581. MERGER of civil and criminal action, § 9. MESHES of fish net, size of, § 636. See Fish; Game Laws. MESSAGES, false: See Forgery. METER, gas or electric, interfering with, §§ 498, 499a. MILEAGE of jurors, § 1143. MILE-STONE, malicious injury to, § 590. MILITARY COMPANIES— MISDEMEANOR. 87i MILITARY COMPANIES, cannot be formed without li- cense, § 734. License to form revocable at any time, § 734, MILITARY STORES, having or selling, §§ 442, 443. MILITIA, arms and equipments of, having or calling, §§ 442, 443. Disobedience or insubordination by member, a misde- meanor, §§ 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 arras, right to, § 734. Eiot, 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, when may order out, §§ 728, 732. Riot, governor to order out, to suppress, § 725. 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 be ordered out to suppress, § 728. Unlawfully disposing of arms, equipments, etc., § 443. Unlawfully retaining possession of arms, equipments, etc., § 442. Unlawful companies, § 734. MILK, fraud in sale of, § 381a. MINE, larceny from, § 487. Stealing of amalgam, gold dust or quicksilver, grand larceny, p. 631, Stats. MINISTERIAL OFFICER, crimes by and against, § 77. MINOR: See Infant. MISCARRIAGE: See Abortion. MISCHIEF: See Malicious Mischief. MISDEMEANOR, abusing horso hired at livery-stal)lc, S 537%. Act injuring works, of, § 622. MISDEMEANOR. Adulterated food, sale of, § 382. Adulteration of candy, § 402%. . , Adulteration of food, §§ 380, 382. Adulteration of foods and drugs, p. 557, Stats. Adulterated honey, sale of, p. 551, Stats. Adultery, § 269a; p. 560, Stats. Advertisement, injuring, § 616. Advertisements, notices, or proclamations, destroying, § 616. Advertisement, placing on property without consent, § 602. Advertisement, posting on state property, § 602. Advertisement, posting without license of owner, § 602. Agent, false statement by to principal, § 536. Agent of foreign insurance company that has not com- plied with law, soliciting insurance, § 439. Aiding in, § 659. Animals, abusing or failure to provide for, § 597. Animals aftiictcd with glanders, failure to kill, § 40214. Animals afflicted with glanders or farcy, or infectious diseases, bringing into state, § 402. Apimal with infectious or contagious disease, expos- ing, p, 571, Stats. Animals afflicted with glanders or farcy, sale of, § 402. Animals, carrying in cruel manner, § 597a. Animals, certificate of registration, obtaining by fraud, § 537a. Animal dead, putting in stream, highway, etc., § 374. Animals, diseased, failure to keep from other animals, § 402d. Animals, docking tail of horse, § 599d. 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, § 597e. Animals, killing, maiming or torturing, § 402. Animal left within inclosure, neglecting, § 597f. Animals, letting certain male animals run at large, '■ 597g. Animals, letting stallion or jack to mare or jenny in city, § 597g. Animal, malicious injury, killing or maiming, § 597. Animals, obtaining false registration of, § 537%. Animals, torturing, maiming, or killing, § 597. Animal, unfit, failure to kill on notice, § 599e. MISDEMEANOR. 873 Appointment to office, buying, § 73. Appraiser accepting fee not allowed, § 6531/^. Apprentice, aiding to run away or harboring, § 646. Apprentice, requiring to work more than eight hours a day, § 651. Apprenticeship, unlawful, a misdemeanor, § 272. Arraignment, defendant may appear by counsel, § 977. Arrest when only can be made at night, § 840. Arrest without lawful authority, § 146. Artesian well, waste of waters of, p. 517, Stats. Assault, § 241. Assault by public officer, § 149. Assault, possession of deadly weapon with intent to, 467. Assessor, obstructing, § 429. 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. Auctioneer, acting unlawfully as, § 436. Auctions, mock, § 535. Automobile, temporarily taking without consent, § 499h. Badge of secret society, wearing, § 543%. Ballast, obstructing navigation by overthrowing, § 613. Ballast, throwing overboard, § 613. Ballot, false, printing or circulating false, § 62. Barber, keeping open shop or working as, on Sunday or holiday, § SlOVa- Barratry, common, § 158. Battery, § 243. Beacon, removal of, § 609. Beacon, mooring vessel to, § 614. Betting on elections, § 60. Bicycle temporarily taking without conseut, § i99b. Big Tree Grove, injury to, p. 611, Stats. Bill of lading or invoice, destroying, § 35.1. 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. Blue cranes, capture or destruction of, p. 608, Stats. Boarding-house or innkeeper, defrauding, § 537. MISDEMEANOR. Board of health, failure to obey regulations to prevent pollution of ice, § 377c. Board of health, failure to obey rules of, §§ 377a, 377b. Brake or fender, failure of carrier to use, § 369a. Brand, alteration of, § 357^. Bridge, injuring or destroying, § 607. Bridge, maintaining without authority, § 386. Bridges, dams, etc., injuries to, § 607. Buoy, mooring vessel to, § 614. Buoys or beacons, injury to, p. 573, Stats. Buoy, removal of, § 609. Bristle or tack bur, use of, p. 569, Stats. Burglarious instrument, possession of, § 466. Burial, neglect of, § 293. Butter, process or renovated, sale without label, § 383a. Butter, sale of short-weight rolls of, p. 574, Stats. Butter and cheese, deception in manufacture and sale of, p. 574, Stats. Camp-meeting, sale of liquor at, §§ 304, 305. Canal, injury to, §§ 592, 607. Canal, taking water from or obstructing, § 592. Candidate offering to procure ofl&ce for elector, § 55. Candidate, soliciting vote of, § 55a. Candy, adulteration of, § 402a. Candy, adulterated, keeping or selling, § 402a. Carcass, attempting to destroy by fire, § 374, Caricature, publishing, § 258. Carrier, pledge or sale of property by, § 581. Carrier refusing to receive passenger, § 365. Carrier, violation or law governing transportation of fish, § 632a. Carrying of game, a misdemeanor, when, § 627a. Cartoon, publishing, § 258. Certificate, false, issuing by public officer, §§ 167, 649. Cemetery, injuring shrubbery, fences, etc., § 296. Cemetery, monument or tomb, defacing, § 296. Champerty, § 161. Child, cruelty to, § 273a. Child, disposing of for mendicant purposes, §§ 272, 273. Child, endangering life, limb or health, § 273a. Child, exhibiting, employing and hiring out, •§§ 272, 273. Child, letting or hiring for public exhibition, § 272; p. 614, Stats. Child, letting or selling for immoral purposes, § 272; p. 614, Stats. Child, omitting to provide for, | 270. MISDEMEANOR. 875 Child, permitting use of for mendicancy, § 272; p. 614, Stats. 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, § 273. Child under sixteen, permitting to enter saloon, § 273; p. 617, Stats. Chinese, employment of by corporation, §§ 178, 179. Chinese, importation of, § 174. Chinese women, importing for immoral purposes, p. 653, Stats. Coal tar, etc, discharging into waters, § 374%. Compounding crime, § 153. Compromise, by permission of court, proceedings for, § 1378. Compromise, court may permit, when, § 1378. Compromise of, power of injured person to make, §§ 1377, 1379. Conspiracy, § 182. Convict, foreign, importing, § 173. Convict-made goods, sale of, § 679a. Convict, unauthorized communication with, § 171. Corporation refusing inspection of books, § 565. Corporation, unauthorized use of prospectus or circular of, § 559. County treasurer receiving private deposits, § 180. Cranes, injuring or destroying birds or nests, § 599. Crime, is a, § 16. Crime punishable by imprisonment in state prison or county jail and fine, § 17. Crops, injuries to, § 604. Cubic-air law, violating, § 401a; p. 632, Stats. Cutting hair of prisoner, p. 719, Stats. Dairy products, false tests in, § 381a. Dam, injuring or destroying, § 607. Dead body, arrest or attachirient of, § 295. Deadly weapon, exhibiting in rude, etc., manner, § 4 1 Debtor fraudulently concealing jiroperty, §§ 154, 155. Decency, offenses against, § 650%. Decision of arbitrator, referee, etc., attempt to influ- ence, § 95. Decision, offer to give, § 96. Deer, destruction of on Mt. Diablo, p. 608, Stats. Defined, § 17. MISDEMEANOR. Deformity, exhibiting, § 400. Deformity, giving appearance of, § 400. Delay in taking arrested person before magistrate, § 145. Detainer, unlawful, § 418. Directors of corporations, what acts of are, § 560. Disguise or mask, wearing, § 185. Dismissal not a bar in, § 1387. Disorderly conduct, § 415. Disorderly house, keeping, § 316. Disturbing public meetings, §§ 58, 59, 403. Disturbing religious meeting, § 302. Divorce, advertising procuring of, § 159a. Dockage, toll or wharfage, collecting illegally, § 642. Druggist, negligence, fraud, or wrongs of, § 380. Drugs or poisons, giving to animals, p. 569, otats. Drunkard, selling liquors to, § 397. Duel, fighting, or sending or accepting challenge, § 227. Duel, officer not exerting himself to prevent, § 230. Duel, posting or publishing for not fighting, § 229. Eight-hour law, violation of, § 653c. Ejectment, retaking possession after, § 419. Election days, selling or giving away liquor on, § 63b. Election laws, aiding or abetting offenses against, § 52. Election laws, attempt to vote more than once, § 46. Election laws, ballqr, tampering with by oflScer, § 49. Election laws, communicating unlawful offer to voter, § 56. Election laws, false registration, § 42. Election laws, fraudulent acts of officers, § 41. Election laws, fraudulent attempt to vote, § 46. Election laws, furnishing money, property or enter- tainment for elections, § 54. 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, violation of by person, § 61. Election officer, acting as by one who cannot read or write, § 49a. Election officer, refusing to act as, § 49a. Elections, circulating or printing circulars injurious to candidate, §§ 62a, 62b. MISDEMEANOR. S77 Electrical lines or apparatus, interference with,* § 593. Electricity, stealing of, § 499a. Electric line and apparatus, injury to, § 593. Electric meter, interfering with, § 599a. Employee, paying in saloon, § 680. Employee, refusing to give name to tax collector, § 434. Employees of railroad, violation of duty by, § 393. Employment agent, when guilty of, p. 592, Stats. Engineer, crossing liighway without ringing bell or sounding whistle, § 390. Escape, carrying things into prison to aid in, § 110. Escape from other than state prison, attempt to, § 1(^7. Evidence, concealing or destroying, § 135. Explosives, failure to keep record of sales of, § 375a.. Explosive, keeping or carrying in city, § 375. Explosives, using in fishing, § 635. Extortion, § 521. Extortion, attempt by verbal threats, § 524. Extortion by officer, "§§ 70, 94. False imprisonment, § 237. False personation, §§ 529, 530, 650^2- False pretenses, § 532. False proofs upon insurance policy, § 549. False statements as to quality of goods, § 654a. False statement to principal, § 536. False weights and measures, using, § 552. Fast driving, § 396. Females, procuring or permitting exliibition of females in public places, § 306. Fences, maliciously injuring, § 602. Fences, tearing down to make passage through inclos- urcs, p. 598, Stats. Ferry, maintaining without authority, § 386. Ferry, violating condition of undertaking to keep, § 387. Fines, failure of oflicer to turn over, § 427. Fire alarm apparatus, interference with, § 625a. Fire, false alarm of, turning iu, § 625a. Fire, camper leaving burning, § 384b. Fire, negligently settin;? on ],T0[)erty not one's own, § 384. Fire, negligently setting without i)rovidiiig against es- cape, § 384a. rs MISDEMEANOR. Fire, negligently setting woods, grasses, etc., on, §§ 384, 3S4b; pp. 600. 601, Stats. Fire, obstructing attempts to extinguish, § 385. Fish, transportation, rules governing and penalty for violating, § 63?,a. Fishway, failure to keep or repair, § 637. Food, adulterated or tainted, selling or keeping, § 383. Foreign insurance company doing business without com- pl_ying with law, § 439. Fraud, affecting market price, § 395. Fraud, by debtor to defraud creditor, § 531. Fraud in affairs of special partnership, § 358. * Fraud in keeping accounts of corporation or joint stock company, § 563. Fraud in subscriptions to stock, § 557. Fraudulent conveyance, §§ 154, 531. Fraudulent conveyance by debtor, §§ 154, 155. Gambling, permitting in houses owned or rented, § 331. Game, carrying by carrier, when is, § 627a. Game laws, violation of, §§ 626. 626c, 626d, 626f, 626g, 626i, 626k, 627a, 627b, 628, 628a, 628b, 628e, 631, 632, 632a, 637a. Game, violating regulations concerning transportation of, § 627b. Gaming, § 330. Gaming-house, enticing one to visit, § 318. Gaming, officer neglecting duty in regard to, § 335. Gaming, witness not attending trial, § 333. Gas meter, interfering with, § 498. Gas-pipes, injuring, § 624. Gas, stealing, § 498. Gas, turning off at meter, p. 610, Stats. Gates, maliciously leaving open, § 602. Grand Army, wearing badge of, p. 611, Stats. Grand juror acting after challenge allowed, § 164, Grand juror disclosing what took place, § 169. Guide-board, injury to, § 590. Gulls, shooting, trapping or injuring, § 599. Habeas corpus, concealing persons entitled to benefit of, § 364. Habeas corpus, recommitment of party discharged, § 363. Habeas corpus, refusal to issue or obey, § 362. Hair, cutting of, of person convicted, § 1615. Health law, neglecting duty under, § 378. Health laws, violation of, § 377. Health laws, willful violation of, § 377. Highways, putting carcasses or offal in, § 374. Homing pigeon, shooting, maiming or detaining, § 598a. Honey, adulteration of, p. 559, Stats. Humboldt Bay, making deposits in, § 612. Hunting on inclosed property without permission, § 602. Hunting on inclosed land, § 602; p. 599, Stats. Im7aigration laws, violation of, § 174. Imf rovements, injuring, § 622. Inclosures, leaving open, pp. 598, 599, Stats. Indecent exposure, § 311. Indians, selling arms or ammunition to, § 398. Indians, selling firearms to, § 398. Indians, selling liquors to, § 397. Indictment, disclosing fact of finding of, § 168. Infant, admitting to' or keeping in houses of prostitu- tion, § 309. Infant, permitting to gamble in saloon, § 336. Infant, sending to questionable resort, § 1389. Infant, under eighteen, giving or selling liquor to, § 397b. Infant under eighteen permitting to visit saloon, § 397b. Infected person, exposing, § 394. Innkeeper, refusing to receive guest, § 365. Insane persons, cruelty to, § 361. Insolvent bank, officer or employee of overdrawing, § 561. Insolvent bank, officer of overdrawing, § 562. Interments, unlawful, § 297. Intoxicating liquors, sale in capitol building, § 172; p. 623, Stats. Intoxicating liquors, selling to minors, § 397b; pp. 619, 620, Stats. Intoxicating liquor, sale of on election day, § 63b; p. 622, Stats. Intoxicating liquor, sale of to persons addicted to use of, p. 621, Stats. Intoxicating liquors, sale of in vicinity of soldiers' home, § 172; p. 622, Stats. Intoxicating liquors, sale of within certain distances of certain public institutions, § 172. Intoxication of certain railroad employees, § 391. Issuing or circulating paper money, first offense, § 618. MISDEMEANOR. Japanese, importation of, § 174. Japanese women, importation of for immoral purposes, p. 653, Stats. Joint defendants, joint or separate trials, § 1098. Joint stock company, unauthorized use of prospectus or circular, § .559. Judge receiving emolument or reward, § 94. Judgment, justice or constable purchasing, § 97. Junk, receiving in pledge from minors, § 501. Jurors, number of, to try, § 1042. Jury, number of, on trial for, § 1J42. Justice s court, jurisdiction of, over, § 1425. Killing animal while hunting on inclosed land of an- other, § 384c. Labels, false, on goods, § 349a; p. 633, Stats. Labor union, coercing person not to join, § 679. Landmarks, defacing, removing, etc., § 605. Larceny, petit, § 490. Legislature, disturbing while in session, § 82. Legislature, refusal of witness to attend before, § 87. Letter, opening or publishing, § 618. Libel, § 249. Libel, extortion by offer to prevent publication, § 257. Libel, threaten to publish, § 257. Library, destroying books, maps, etc., § 623. Library, detaining books, etc., § 623^. License, carrying on business without, §§ 338, 379, 435. License, collecting without receipt, § 431. License, inserting more than one name in receipt, § 431. 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. Lodging-house keeper, violation of cubic air law, § 401a. Lottery, advertising or opening offices for, § 323. Lottery, aiding in, § 322. Lottery drawing, § 320. Lottery, insuring tickets, § 324. Lottery, letting building or vessel for purposes of, § 326. MISDEMEANOR. S81 Lottery, maintaining, § 323. Lottery tickets, selling, § 321. Maintenance, § 161. Malicious injury to bridge, highways, or ways, § 558. Malicious mischief, § 594. Marks upon logs, lumber or wood, defacing, § 356. Marriage, false return or record of return, § 360. Marriage, incestuous or forbidden, solemnizing, § 359. Marrying spouse of another, § 284. Mile-stone, injury to, § 590. Military company, forming without license, § 734. Military property, unlawful conversion of, § 442. Militia, disobedience or insubordination by member, ^§ 652, 653. Militia, failure to attend parade or drill, §§ 652, 653. Minors, requiring to work more than eight hours a day, § 651. Misconduct of jurors, referees, etc., § 96. Misrepresentations of conditions of employment, p. 635, Stats. Mocking-birds, capture or destruction of birds or their nests, p. 609, Stats. Monuments, injuring, § 622. Morals, offenses against, § 6501^. Mt. Diablo, destruction of deer on, p. 608, Stats. Motorcycle, temporarily taking without consent, § 499b. Name of another, usiug so as to injure reputation, § 650 Va. Name of another, use of for lewd purposes, § 650^/^. National Guard, discrimination against member of, § 421. Navigable streams, obstructing, § 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. Nuisance, committing or maintaining, § 372. Nuisance, public, maintaining or permitting after no- tice, § 373a. Nuisance, public, separate offense for each day it is permitted to remain after notice, § 373a. Obscene books, yjapers, pictures, etc., § 311. Offense, when a felony and when a misdiMueanor, § 17. Pen. Code— 56 MISDEMEANOR. Office, exercising functions of wrongfully, § 75. Officer becoming interested in contract, § 71. Officer becoming intoxicated, p. 635, Stats. Officer not taking oath or giving bond, § 65. Officer, obstruf'ting in collecting revenue, § 428. Officer, receiving fee in extradition proceedings, § 14-1. Officer refusing to receive or arrest person charged with crime, § 142. Officer, retaking goods from 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. Oleomargarine, sale of as butter, p. 636, Stats. Olive oil, selling, p. 638, Stats. One aiding in, guilty of misdemeanor, § 659. Opera, unpublished or uneopyrighted, performing with- out consent, § 367a. Opera, unpublished or uneopyrighted, sale of without consent, § 367a. Opium resort, visiting, § 307. Opium, sale of, § 307. Orphan, representing child to be to manager of orphan asylum, § 271a. Oysters, trespassing upon property where planted, § 602. Parent, abandonment of child by, § 271a. Parent, failing to provide for child, § 270. Passage, tickets for foreign country, refusal to sell, p. 591, Stats. Pawnbroker charging unlawful interest, § 340. 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 re- demption expired, § 341. Peace, disturbing, § 415. Periodical misrepresenting circulation, § 538a. Person, injuries to, § 650'^4. Physician, injuries while intoxicated, § 346. Physician, intoxicated, guilty of, when, § 346. Plants, injuring, § 622. Poisonous substances, sale of in violation of statute, § 347a; p. 641, Stats. MISDEMEANOR. 88:5 Presence of defendant at trial, necessity of, § 1043. Presence of defendant not necessary at judgment, § 1193. Presence of defendant when verdict rendered not nec- essary, § 1148. Prisoner, communicating with, § 171. Prisoner, letter, writing or reading matter, taking to or from, § 171. Prize fight, spectators at, guilty of, § 413. Procedure where jury discharged for want of jurisdic- tion, §§ 111.5, 1116. Property, injuries to, § 650%. Prostitution, enticing one to enter house of, § 318. Prostitution, keeping or living in house of, § 315. 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, in general, § 12. Puuishment, limits on, § 13. Punishment when no penalty prescribed, § 177. Punishment when not otherwise provided, § 19. Quarantine laws, violation of, § 376. Quarantine officer, failure to obey regulations of, § 377a. Eaeing on highway, § 396. Eaft, burning or injuring, § 608. Eailroad, crossing at private passway and leaving open, § 369d. Railroad employee becoming intoxicated, §§ 369f, 391. Railroad employees, violation of duty by, § 393. Railroad, officer of contracting debts in excess of means, §§ 566, 567. Railroad, overcharges by officers of, § 525. Railroad neglecting to unload livestock for rest, water and food, § 309b. 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, § 3r)9g. Railroad ticket, counterfeiting, § 481. Railroad ticket, restoring canceled, § 482. 29 MISDEMEANOR. Railroad track, leacliag, driving or permitting animals to remain along, § 369e. Receiving stolen goods, § 496. Records, destroying, stealing, altering, mutilating, etc., § 114. Re-entry after removal by process, § 419. Referee, etc., attempt to influence, § 9.5. Reformatory, evil-minded person or vagrant, etc., com- municating with inmate, § 171c. Refusal of persons assembled to disturb peace to dis- perse, § 416. Refusing to receive person charged with crime, § 142. Religious meeting, disturbance of, § 302. Rescue of prisoner, § 101. Resisting officers, §§ 69, 148. Revenue, obstructing collection a misdemeanor, § 428. Revenue, officer connected with, refusing inspection of books, § 440. Riot, § 405. Riot, officer or magistrate neglecting or refusing to disperse, § 410. Riot, remaining at after order to disperse, § 409. Road, maintaining without authority, § 386. Rout, participation in, § 408. Sale of adulterated or debased quicksilver, § 367. Sale of liquor within mile of insane asylum of Napa a misdemeanor, § 172. Sales, putting in extraneous substance to increase weight, § 381. San Francisco Harbor, violating police regulations of, § 642. Savings bank, overdrawing account by officer or em- ployee, § 561. Scaffolding and appliances, obstructing inspection of, § 402c. Scaffolding and appliances, removal of notice that un- safe, § 402c. Scaffolding and appliances, unsafe, erection of, § 402c. Sea-gulls near Santa Monica, killing of, p. 609, Stats. Seamen, enticing to desert, § 644. Seamen, harboring deserting, § 645. Search warrant, maliciously procuring, § 170. Secret society, wearing badge of without right, § 53Sb Seduction for purpose of prostitution, § 266. Seduction under promise of marriage, § 268. MISDEMEANOR. SSb Seizing property without authority a misdemeanor, § 146. Shade trees, injuring, § 622. State arms, equipments, etc., disposing, § 443. State arms, equipments, etc., having possession of, i 442. State printer, fraud or collusion by, §§ 99, 100. Stenographer paying part of fees to judge, § 94. • Stono-cutting by convict, § 1588. Subterranean waters, waste of, p. 571, Stats. Sunday, baking on, p. 722, Stats. Sunday, refusing employee one day's rest in seven,- p. 722, Stats. Tax, collecting without receipt, § 431. Taxes, false statement respecting, § 430. Tax receipt, inserting more than one name in, § 431. Teacher, abuse of, §§ 653b, 654. Teacher, abusing in presence of pupil a misdemeanor 653b. Telegraph line, malicious injury to, § 591. Telegraph message, altering, § 620. Telegraph message, clandestinely learning contents, § 640. Telegraph message, conspiracy concerning, § 474. Telegraph message, disclosing contents, § 619. Telegraph message, employee using information of, 639. Telegraph message, forging, § 474. Telegraph message, opening, § 021. Telegraph message, refusal, neglect or postponement of delivery, § 638. Telegraph operator, intoxication of, § 391. Telegram, obtaining by false personation, § 621. Telephone companies, injury to or obstruction of, § 591. Telephone message, delay, refusal, or sending out of order, § 638. Theaters, employing women to sell liquor at, § 303. Theaters, sale of liquor at, § 303. Tiicatcr tickets, selling at premium, § 526. Tobacco, sale of to infants under sixteen, § 308. Toll bridge, fast riding or driving over, § 388. Toll gates or house, injury to, § 589. Toll gate, ])assing without paying, § 389. Trademark, counterfeiting or forging, § 350. Trademark, destroying or defacing, § 354b. Trademark, refilling casks, etc., bearing, § 354. SS6 MISDEMEANOR— MODEL. Trademark, selling casks, etc., containing, § 354a. Trademark, selling goods that have counterfeit, § 351. Transporting game out of state without permit, § 627a. Trespass, malicious, § 602. United States coast survey, injuring posts, signals, etc., of, § 615. University of California, sale of liquor within one mile of, § 172. Vehicle, temporarily taking without consent, § 499b. Vessel, setting adrift, § 608. Voters, intimidation of, § 59. Voting, illegal, aiding or abetting, § 47. "Ward, requiring to work more than eight hours a day, § 651. Warrant of arrest, maliciously procuring, § 170. Water, befouling, § 374%. Water, drawing after works closed, § 625. Water pipes, injuring, § 624. Water, pollution, §§ 374, 635. Water, stealing, § 499. Water, subterranean, wasting, p. 722, Stats. Water, taking or obstructing canal, ditch, etc., § 592. Water works, injuries to, § 607. Weight, false, in selling, § 555. Weight, stamping false on cask, package, etc., § 554. Witness, deceiving, § 133. Witness, preventing appearance of, § 136. Wrecked property, defacing marks upon, § 355. Wrecked property, detaining after salvage paid, § 544. Wrecked property, unlawful taking or possession, § 545. MISPRISION of treason, § 38. MISREPRESENTATIONS: See Fraud, MISTAKE as affecting liability for crime, § 26. Immaterial, what is in proceedings, § 1404. Immaterial unless prejudicial, § 1404. MOB: See Kiot. MOCK AUCTION, holding, § 535. MOCKING-BIRDS, capture or destruction of, p. 609, Stats. Nests, injury to, p. 609, Stats. MODEL, injuring in libraries, museums, etc., § 623. MONDAY— MOTORCYCLE. 8S7 MONDAY, prisoners to be discharged on, § 28. MONEY, attorney wrongfully accepting, § 160. Conspiracy to obtain by false pretense, § 182. Issuing or circulating paper, § 648. Obtaining to influence legislator, § 89. Obtaining under false pretenses, § 532. Paid for trial of escaped convicts, payment of, § 111. Paper, issuing, punishment where former conviction charged, § 648. Personal property includes, § 7. Unlawful use of, at elections, § 54. MONTEREY COUNTY, act to protect stock-raisers in, con- tinued in force, § 23. MONTH defined, § 7. MONUMENT: See Cemetery, § 296. Injury to coast survey, ^ 615. MORALS. Offenses against decency or morals, § 650i/^. MORPHINE: See Narcotics. MORTGAGE, chattel, removing or disposing of i)roperty without consent, larceny, § 537. Chattel: See Chattel Mortgages. Fraud in transferring incumbered personalty a larceny, § 538. Fraudulent, by married person, § 534. Infant's, on junk, etc., receiving, how punished, § 501. Removing improvements from tlie property, when lar- ceny, § 502. MOTION, arrest of judgment without, § 1186. For new trial, when made, § 1182. In arrest of judgment defined, § 1185. In arrest of judgment, upon what may be founded, § 1185. In arrest of judgment in justice's court, § 1452. To set aside indictment or information, §§ 995-999. MOTORCYCLE, temporarily taking witliout consent, a mis dt'incanor, § 4991). Temporarily taking without consent, puiiiKhmcnt of, § 499b. SS8 MT. DIABLO— NECESSARIES. MT. DIABLO, (leer on, act to prevent destruction of, p. 608. MUNICIPAL CORPORATION, effect of code on acts in- corporating, § 23. Injury to lots, streets, etc., § 602. MURDER: See Homicide. Proceedings where defendant under death sentence be- comes insane, §§ 1221-1224. Proceedings where female under sentence of death is pregnant, §§ 1225, 1226. Unexecuted judgment of death, carrying into effect, § 1227. Unexecuted judgment of death, order carrying into ef- fect not appealable, § 1227, MUSEUM, injuring public, § 623. MUTILATION of public records, §§ 113, 114. NAME, erroneous, indictment by, inserting correct, § 953. Indicated in wrong, proceedings at arraignment, § 989. Unauthorized use of, in prospectus of corporation, § 559. Use of name of another so as to injure reputation, § 6501/2. Use of name of another for lewd purposes, § 650%. NAPA. Sale of liquor within mile of insane asylum at Napa a misdemeanor, § 172. NAPA RIVER. Act to prevent destruction of fish in Napa Eiver continued in force, § 23. NARCOTIC, administering, § 222, Bringing to or in vicinty of prisons, etc., § 180a. Opium, sale of, § 307. NATIONAL GUARD: See Militia. Discrimination against member of, a misdemeanor, § 421. Unlawful conversion of miltary property, § 442. NAVIGABLE V/ATER: See Water. NAVIGATION, obstructing, a misdemeanor, § 613. Protection of buoys and beacons, p. 573, Stats. NECESSARIES, parent omitting to provide, § 270. NEGLECi— NEW TRIAL. 889 NEGLECT defined, § 7. NEGLIGENCE defined, § 7. Locomotive engineer at railroad crossing, of, § 390. Meaning of words "neglect," negligence," "negli gent," and "negligently," § 7. Person in charge of steam-boiler, of, § 368. Person in charge of railroad train, § 369. Person labeling drugs, etc., § 380. Mischievous animal at large, § 399. Steam-boilers, in management of, §§ 349, 368. NEGOTIABLE INSTRUMENT, forgery of, § 470. Issuing paper money, punishment where former convic- tion charged, § 648. Making or uttering fictitious, § 476. Making to circulate as money, § 648. Possessing or receiving forged, § 475. NET: See Game Laws. NEUTER, masculine includes, § 7. NEVADA COUNTY, protection of game in, p. 607, Stats. NEWSPAPER, articles to be signed, § 258. Caricature or cartoon, publishing of: See Caricature. Circulation, misrepresenting, § 538a. Punishment where articles not signed, § 258. NEW TRIAL See Appeal. All evidence to be produced anew, § 1180. Appeal from order respecting, s •i238. Appeal, ordering on, § 1260. Application to be made before judgment, § 1182. Bill of exceptions: See Exceptions. Defined, § 1179. Effect of granting, § 1180. Exception may be taken to ruling on motion for, § 1172. Former verdict cannot be used on, § 1180. Granted in what cases, § 1181. Grounds for, enumerated, § 1181. Justice's court, in, grounds for, § 1451. Jnstice's court, motion for, § 1450. New evidence, on ground of, § 1181. Reversal of judgment against defendant without order- ing, proceedings on, § 1201. 890 NEW TRIAL— NUISANCE. Special verdict defective, granted in case of, § 1156. Time for application for, § 1182. Where to be had, § 1261. NIGHT-TIME defined, §§ 4.50, 463. Hunting in the, § 626m. ISJiTEOGLYCERIN: See Explosive. NOLLE PROSEQUI, abolshed, § 1386. NOTE: See Negotiable Instrument. NOT GUILTY, plea of, §§ 1017-1024. See Plea. NOTICE. Application for conditional examination of wit- ness, notice of, § 1338. Bail, notice of application for to district attorney, § 1274. Bail, service of notice of application to reduce, § 1289. Nuisance, public, to abate, § 373a. Of appeal, how served, § 1240. Of appeal, by publication, § 1241. Of application for bail, § 1274. Malicious injury to, § 616. Pardon, of application for, §§ 1421-1423. Placing on property without consent, § 602. Posting on state property, § 602. Posting without license from owner, § 602. Tearing down notice prohibiting shooting, § 602. NUISANCE, attempting to destroy carcass by fire a misde- meanor, when, § 374. Carcass, putting in street, stream, etc., § 374. Committing j^ublie, where no punishment prescribed, a misdemeanor, § 372. District attorney to prosecute persons permitting or maintaining, § 373a. Highways, placing carcasses or offal in, § 374. Hospital for contagious diseases, keeping, a misde- meanor, § 373. Maintaining public, where no punishment prescribed, § 372. Misdemeanor, separate offense for each day permitted to remain after notice, § 373a. Misdemeanor to maintain or permit public nuisance af- ter notice, § 373a. NUISANCE— OFFICES AND OFFICERS. «91 Nets, seines, etc., § 636a. Offal, putting in street, river, etc., a misdemeanor, § 374. Pesthouses, keeping, § 373. Pollution of stream by carcasses or offal, § 374. Public, defined, § 370. Separate offense for each day permitted to remain after notice, § 373a. Unequal 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, § 157. OATH, de facto officer not taking, effect of, § 66. Defined, § 119. Grand jurors, of, §§ 903, 904. Grand jury, foreman may administer to witness, § 918. Impeachment, in, of senators, § 745. Includes affirmation or declaration, §§ 7, 119. Jurors, of, in justice's court, § 1437. Jury, of officer having custody of, § 1128. Justice's court, of officer having custody of jury, § 1440. Office of, perjury, § 120. Officer acting without having taken, § 65. Testify, includes, § 7. What includes, § 119. OBSCENE advertisements or notice, § 311, Books, § 311. Books, etc., character of, to be determined summarily, § 313. Books, etc., destruction of, §§ 313, 314. Books, etc., magistrate to deliver copy to district at- torney, § 313. Books, etc., seizure of, § 312. Books, indictment or information for selling, etc., § 968. Language, § 415. Pictures, § 311. Songs, § 311. OFFENSE, for wliicli no penalty prescribed, § 177. OFFICES AND OFFICERS, accounts, falsification of, § 424. Accusation against, summary proceedings, § 772. OFFICES AND OFFICERS. Accusation to be filed, § 760. Accusation, private person, time of hearing, § 772. See post, under Eemoval. Administrative, code sections applicable to, § 77. Aiding is justifiable, § 698. Appropriation of money by, punishment of, § 424. Arrest without lawful authority a misdemeanor, § 146. Arrested person, delaying to take before magistrate, § 145. Asking or receiving reward, etc., § 70. Assault by, under color of office, § 149. Bills, presenting fraudulent, § 72. Bond, acting without having given, § 65. Bond, de facto officer not giving, § 66. Books, etc., mutilating or taking away, § 76. Books, etc., refusal to surrender to successor, § 76. Books, etc., stealing, punishment of, § 113. Bribery of executive, § 67. Bribery of judicial, §§ 92, 93. Bribery of members of nominating body, punishment of, § 57. Bribes, executive officer asking or receiving, § 68. Buying appointment, § 73. Candidates for office, act to prevent extortion from, p. 589. Candidate, circulating or printing circulars injurious to, punishment of, §§ 62a, 62b. Claims, presenting fraudulent, to, § 72. Coin to currency, or currency to coin, changing, § 424. Communicating unlawful offer to voter in behalf of candidate, a misdemeanor, § 56. Contracts, illegally interested in, § 71. De facto, effect of not taking oath, or giving bond, § 66. Deposit in bank, unlawful, § 424. Disclosure of fact that indictment found, a misde- meanor, § 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 to hold office by crime, § 98. Disqualified, forging is, when, § 88. Documents, forging, stealing, mutilating, etc., § 113. OFFICES AND OFFICERS. S93 Dueling disqualifies, § 228. Election: See Elections. Embezzlement, when guilty of, §§ 424, 504. Emolument or gratuity, receiving, a misdemeanor, § 70. Escape, suffering convicts to, § 108. Exercising functions wrongfully, § 75. Extortion by, §§ 70, 521. Extortion by judicial officer, § 94. Ealse certificates by, issuing, § 167. Falsifying jury lists, § 117. Fees or salary of deputy, retaining, a folonj', § 74a. Fine or forfeiture, failure to pay over, § 427. Forfeits office by bribery, § 98. Forfeiture of office for receiving bribe, § G8. Forfeiture of office for taking wliat Tewards, § 74. Grand jury to inquire into books, etc., of, §§ 928, 929. Grand jury to inquire into conduct of, § 923. Holding over wrongfiilly, § 75. Impeachment, effect of code on proceedings, § 10. Impeachment: See Impeachment. Inhumanity to prisoners, § 147. Intervene, in what cases may, § 697. Intoxication of officers, punishment of, p. 634, Stats. Intruding into office when not elected, § 75. Joint authority, majority may exercise, § 7. Judicial, receiving part of reporter's fees, punishment of, § 94. Loaning or making profit out of money, § 424. Majority may act, § 7. Ministerial, code sections applicable to, § 77. Money or property, withholding from successor, § 76. Money, refusal to pay over on demand, §§ 424, 425. Money, refusal to transfer, § 424. Oath, acting without having taken, § 65. Oath, effect of de facto officer not taking, § 66. Oath of, perjury, § 120. Obstructing, in collecting revenue, § 428. Omission of duty, where no special provision for pun- ishment thereof, § 176. Omission to perform duty where act done by another, § 662. Peace, are who, § 817. Peace, defined, § 7. OFFICES AND OFFICERS. Persons aiding, are justified, § 698. Presenting fraudulent bill or claim to, a felony, § 72. Public moneys defined, § 426. "Public money," what includes, § 426. Eeceiving portion of wages of laborer on public works, § 653d. Eeeords or documents, destroying or taking awav, § 76. Records or documents, withholding after right to office terminated, § 76. Eeeords, forging, stealing, mutilating, etc., § 113. Eefusal or omission to transfer moneys, § 424. Eemoval, accusation, defendant must appear and an- swer, § 761. Eemoval, accusation, form of, § 759. Removal, accusation may be presented by grand jury, § 758. Eemoval, accusation, private person may file, § 772. Eemoval, accusation, private person, citation to of- ficer, § 772. Removal, accusation, private person, judgment on con- viction, § 772. Removal, answer of defendant to accusation, § 765. Removal, appeal from judgment, certificate of probable cause, § 770. Removal, appeal from judgment, filling office where no certificate filed, § 770. Removal, appeal from judgment of, priority of hearing, § 770. Eemoval, appeal from judgment, proceedings where bill of exceptions not settled in time for certificate of probable cause, § 770. Removal, judgment of, effect of as a stay, § 770. Removal, right of appeal from judgment of, § 770. Removal, appeal, office to be filled pending, § 770. Removal, appeal, taken how, § 770. Removal, appeal, defendant suspended pending, § 770. Removal by impeachment, §§ 739-753. Removal, defendant may object or deny accusation, § 762. Removal, denial of accusation to be entered on min- utes, § 764. Removal, effect of code on proceedings, § 75. Removal for neglect of dut3^ § 661. Removal, form of objection to accusation, § 763. OFFICKS AND OFFICERS. 895 Eemoval, information or indictment, §§ 889, 890. Eenioval, indictment of, in what court found, § 890. Kemoval, information against, in what court found, § 890. Kemoval, judgment of on conviction, § 769. Removal, judgment to be entered and causes assigned, § 769. Eemoval, manner of denial of accusation, § 764. Eemoval otherwise than by impeachment, §§ 7n8-772. Removal of district attorney, proceedings for, § 771. Removal, proceedings may be commenced by accusa- tion or information, § 889. Eemoval, proceedings on denial of matters charged, § 766. Eemoval, proceedings on plea of guilty, § 766. Eemoval, proceedings on refusal to answer or deny accusation, § 766. Eemoval, proceedings when defendant does not appear, § 761. Eemoval, service of accusation, § 760. Eemoval, time to appear and answer accusation, § 760. Eemoval, transmitting accusation to district attorney, § 760. Eemoval, trial, how conducted, § 767. Eemoval, trial to be by jury, § 767. Eemoval, witnesses, attendance of, § 768. Eemoval, witnesses, state and defendant entitled to process for, § 768. Reporter, receiving part of salary by judicial officer, § 94. Rescuing prisoner from, § 101. Resisting, § 148. Resisting executive, § 69. Eetaking goods from custody of, § 102. Reward for appointment, taking, § 74. Riot, neglecting or refusing to disperse, a misdemeanor, § 410. Salary or wages, taking part of, a felony, p. 634, Stats. Salary of stenographer or reporter, receiving part of, by judicial officer, § 94. Scrip, dealing in, § 71. Seal, how made, § 7. Seal, meaning of, § 7. Seizing property without autliority, a misdemeanor, § 146. S9G OFFICES AND OFFICERS— ORDER. Stenographer, receiving part of salary of, by judicial officer, § 94. Successor, refusal to surrender books, etc., to, § 76. Summary proceedings, judgment in, § 772. Summary proceedings for removal of, § 772. Superintendent of printing not to be interested in con- tract, § 99. Suspension of, in case of impeachment, effect of, § 750. Taking reward for appointment, § 74. , Taxes, obstructing collection of, § 428. Vouchers, bills, claims, etc., presenting fraudulent, § 72. Willful omission of duty, where no punishment provided therefor, § 176. OLEOMARGARINE, sale of as butter a misdemeanor, p. 636, Stats. Sale of as butter, acts to prevent, pp. 636, 638. Notice that oleomargarine sold to be given, p. 636, Stats. OLIVE OIL, sale of, act regulating, p. 640. Imitation olive oil, sale of, acts regulating, pp. 638-640. OPERA: See Copyright. OPINION, chemist's, of cause of death, § 1.512. . OPIUM: See Narcotic. Sale of, § 307. Visiting resort a misdemeanor, § 307. ORDER. Appeal, time of taking, § 1239. 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, § 1338. For conditional examination, mi;st direct what, § 1340. For conditional examination, to contain what, § 1339. For conditional examination, when may be applied for, § 1336. For recommitment, § 1310. For resubmission to grand jury, § 998. ORDER— PARDON. S97 Of court, disobedience of, § 166. Setting aside indictment no bar to another prosecu- tion, § 999. ORDERS, secret, wearing badge of, a misdemeanor, § 5431^. ORDINANCES, fines and forfeitures for violation paid to city treasury, § 1570. Fines for violation of, disposition of, §§ 1457, 1570. Officers voting for ordinance permitting gambling, pun- ishment of, § 337. ORNAMENTAL PLANT, injuring, § 622. ORPHAN ASYLUM, custodv of child may be committed' to when, § 273d. Representing child to be orphan to manager of, a misde- meanor, § 271a. OVERCHARGE by railroad officer, § 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. OYSTERS, effect of code on statutes respecting, § 23. Injuring, etc., § 602. Trespass upon property where planted, § 602. PANEL: See Jury. PAPER, mutilation of by public officer, § 76. Official, refusal of officers to surrender, § 76. Preparing false, for use upon trial, § 134. Stealing or injuring public, §§ 113, 114. PAPER MONEY, issuing and circulating, § 648. Punishment, where former conviction charged, § 648. PARADE, failure to attend, §§ 652, 653. Consent of governor, ncc'essity of, to, § 734. Right to parade with arms, § 734. PARDON, governor may grant in what cases, § 1417. Governor to communicate to legislature, § 1449, Impeachment, § 1417. Notice of application for, dispensed with, § 1423. Pen. Code— u7 89S PARDON— PARTNERSHIP. Notice of application for, publication of, § 1422. Notice to district attorney of application for, § 1421. Report by directors of prisoners entitled to pardon, § 1595. Report of case, how and from whom required, § 1420. Treason, power of governor, §§ 1417, 1418. When legislature recommends pardon, § 1595. PARENT AND CHILD. Abandoning child, §§ 271, 271a. Abusing teacher in presence of pupil, § 653b. Child, unlawful use, sale, or hire of, § 272. Cruelty to children, § 273a. Deserting child, § 271. Endangering life, limb or health of child, § 273a. Enticing away child, jurisdiction, § 784. Exhibiting, employing or hiring out child, §§ 272, S73. Failure to provide for child, §§ 270, 271a. Fines for offenses to children, disposition of, § 273c. Homicide in defense of, justifiable, § 197. Immoral place, sending minor under eighteen to, § 273. Mendicant purposes, etc.,* disposing of child for, §§ 272, 273. Musician, consent to employment of child as, § 272. Musician, employment of child as, § 272. Necessaries, parent omitting to provide, § 270. Omitting to provide for child, § 270. Orphan, representing child to be to manager of orphan asylum, § 271a. Prostitution, admitting child to house of, § 309. Prostitution, sending child under eighteen to house of, § 273. Substituting one child for another, § 157. Unlawful use, exhibit, sale, or hire of children, § 272. See Infants. PARKS, injuring trees, plants or improvements in, § 622. PAROLE, inducing person to break, or to leave guardian, § 171c. PARTIES, principals and accessories, §§ 30-33. Special proceeding, to, how designated, § 1562. See Defendant. PARTNERSHIP, fraud in special, § 358. Suit carried on by attorney's partner, attorney cannot defend, §§ 162, 163. PASSENGER— PEACE. S9S PASSENGER, refusing to receive, § 365. See Carriers of Passengers. PASSES: See Carriers of Passengers; i'orgery. PAWNBROKER, interest, limit on rate of, §§ 338, 340. Interest, unlawful rate, §§ 338, 340. License, without, § 388. Notice, sale without, § 341. Refusal to allow officer to inspect articles pledged, § 343. Register, entries in, what required, § 339. Register, failure to keep, § 339. Register, refusal to allow officer to inspect, § 343. ' Sale before redemption expires, or without notice, § 341. Sale before time of redemption expired, § 341. Sale, refusal to pay proceeds over, § 342. Sale, refusing to disclose particulars of, § 342. Search-warrant, refusal to allow officer with, to in- spect register, § 343. PEACE, arrest of person threatening a breach of when ordered, § 703. Breach, evidence of, § 713. Depositions of witnesses to be taken, § 702. Discharge of party where no reason to fear offense, § 705. Discharge of person committed for threatened breach on giving undertaking, § 708. Disorderly house, keeping, a misdemeanor, § 316. Disturbing, g 415. Disturbing, refusal to disperse, § 416. Evidence of breach, § 713. Evidence to be reduced to writing and signed when charges controverted, § 704. Information of threatened offense, § 701. Informer and witnesses, examination of and deposi- tions of, § 702. Officer may intervene to keep the, § 697. Officers are who, § 817. Proceedings where charges controverted, § 704. Public meeting, mayor to order out police to preserve, § 720. Security for assault in presence of court, § 710. Security to keep, when only can be required, § 714, 900 PEACE— PERJURY. Security to keep, required when, § 706. Threatened offenses, information of, § 701. Undertaking to keep, effect of giving or refusing, § 707. Undertaking to keep, evidence of its breach, § 713. Undertaking to keep, how long binding, and extension of time, § 706. Undertaking to keep, filing, § 709. Undertaking to keep, new, § 706. Undertaking to keep, valid, how long, § 706. Undertaking to keep, when and how prosecuted, §§ 712, 713. Undertaking to keep, when broken, § 711. PEACE OFFICER defined, § 7. Duels, to prevent, § 230. Refusing to receive or arrest person charged with crime, § 142. Warrants, directed to what, §§ 816, 819. Who are, § 817. PEDIGREE. Giving false pedigree of animal, § 537a. PENAL CODE: See Code. PENALTY, jury may determine, in murder, § 190. None provided for offense, punishment in case of, §§ 176, 177. See Fine. PENITENTIARY: See Prison. PENSIONS. Police relief, health and life insurance and pension fund, p. 643, Stats. PERIODICAL, misrepresenting circulation of, § 538a. PERJURY. Affidavit, making of, when deemed complete, § 124. Affidavits, subsequent contradictory statements, evi- dence of falsity, § 118a. Afiidavits, 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 complete, when, § 124. PERJURY— PETIT TREASON. 901 Grand juror may be required to disclose testimonv of witness, § 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 administering, no defense, § 121 Oath of office, § 120. Punishment for, §§ 126-128. Keturn, statement or report, false statement in, § 1?' Statement of what one does not know to be true, § 12'). Subornation of, §§ 127, 128. Subornation of, who guilty of, § 127. Subornation of, punishment of, §§ 127, 128. Testimony of witness may be read against him on tria' for, § 14. That evidence did not affect proceeding no defense, r 123. Witness' testimony may be read against him on jjrose- cution for, § 14. PERSON includes corporation, § 7. Indecent exposure of, § 311. Injuries to, what a misdemeanor, § 650i/^. PERSONAL PROPERTY includes what, § 7. PERSONATION: See False Personation. False, a misdemeanor, § 650i^>. PESTHOUSE in cities, keeping, a misdemeanor, § 373. PESTILENCE, removal of prisoners in case of, § 1608. PETIT TREASON abolished, § 191. 902 PHARMACY— PLEA. PHARMACY. Adulteration of drugs, prohibition of, § 383; p. 557, Stats. Sale of poisonous substances, § 374a; statute relating to, p. 641. PHEASANT, killing, § 626c. See Game Laws. PHONOGRAPHIC REPORTER: See Stenographer. Officer receiving part of salary of, § 94. PHOTOGRAPH. Convicts, photographs and descriptions o to be given sheriifs and chiefs of police, p. 583, Stats. PHRASES, construction of, in general, § 7. PHYSICIAN, intoxicated, guilty of misdemeanor, when, § 346. Coroners' inquests, attendance at and compensation of. § 1512-; p. 585, Stats. Post-mortem examination, § 1512. PICTURE, obscene, §§ 311-314. PIECE CLUBS, formation of prohibited, p. 589, Stats. PIGEONS: See Homing Pigeons. PILE, injuring, § 607. PILOTING, unlicensed, § 379. PIRACY: See Copyright. PLACE OF TRIAL: See Venue. PLEA: See Pleading. Classes of, § 1016. Corporation, by, § 1396. Defendant has two days to prepare for trial, § 1049. Entered on minutes, to be, § 1017. Former acquittal or conviction: See Former Jeopardy. Form of, § 1017. Guilty, court to determine degree of crime, § 1192. Guilty, of, put in how, § 1018. Guilty, of, withdrawing, § 1018. How put in, § 1017. Justice court, in, § 1429. PLEA— POISON. 903 Issue: See Issue. Kinds of, § 1016. Must be put in in open court, § 1003. Not guilty, plea of to be entered on failure of corpora- tion to appear, § 1396. Not guilty, of, evidence that may be given under, § 1020. Not guilty, of, puts what in issue, § 1019. Oral, to be, § 1017. rieading, as a, § 1002. Prior conviction, not to be read to jury or alluded to, § 1025. Prior conviction, plea to and proceedings on answer, § 1025. Prior ee^nviction, refusal to answer equivalent to denial; § 1025. Put in, how, § 1017. Eefusal to answer, plea of not guilty entered, § 1024. Time to put in, § 1003. Withdrawing plea of guilty, § 1018. PLEADING: See Indictment; Information; Plea; Answer; Demui'rer; Former Jeopardy, etc. Defendant's, is plea or demurrer, § 1002. Errors in, immaterial, when, § 1-404. Forms of, all are prescribed by code, § 948. Impeachment, in, §§ 743, 744. Issue: See Issue. Judgment, a, § 962. Officers, in proceedings to remove, §§ 762-766. Private statute, § 963. Eiiles of, are prescribed by code, § 948. PLEDGE: See Pawnbrokers. Candidates making pledge, punishment of, § 55a. Carrier, by, § 581, 683. Of junk, receiving from infant, § 501. Warehouseman, by, §§ 581, 583. PLURAL, singular includes, § 7. POISON, administering, § 216. Adininisteriug stupefying drugs, § 222. Auinials, j)ois()ning, § 596. Animals, act to prevent giving of, to, p. 569. Assault with caustics, § 244. Cattle, poisoning, § 596. 904 POISON— POLICE COURT. Food, poisoningj § 347. Medicine, poisoning, § 347. Sale of, act relating to, § 347a, note. Sale of, book of open to inspection, § 347a. Sale of, identification of purchaser, § 347a. Sale of, labeling parcel, § 347a. Sale of, recording sales, § 347a. Sale of, statute regulating does not apply to prescrip- tions, § 347a. Sale of, to whom only to be sold, § 347a. Sale of, violation of statute regulating, § 347a. Sale of poisonous substances, act regulating, p. § 641. Sale of poisonous substances in violation of statute a misdemeanor, p. 641, Stats. Violation of statute regulating, punishment of, § 347a. Water, poisoning, § 347. POLICE, forming, § 697. Extra police officers, appointment and compensation of, p. 650, Stats. Gaming, duty in regard to, § 335. Hours of service of, p. 651, Stats. In incorporated towns, etc., duty of person in charge of, § 1413. Increase of police force, p. 650, Stats. Number of, limit on, p. 650, Stats. Organization aud regulation of, governed by special laws, § 719. Peace officer, policeman is, § 817. Public meetings, force to preserve peace at, § 720. Eailroad and steamship companies, appointment of police to serve on, p. G52, Stats. Eelief, health and life insurance and pension fund, p. 643, Stats. Salaries of chiefs, captains of police and police officers in cities of certain sizes, p. 649, Stats. Yearly vacations to be granted members of, p. 651, Stats. POLICE COURT, acquittal, discharge of defendant on, § 1454. Affidavits, entitling, § 1460. Appeal to superior court, §§ 1466-1470. Arrest, form of warrant, § 1427. Arrest, grounds for, § 1427. Arrest of judgment in, § 1450. POLICE COURT. a05 Arrest of judgment, time for motion in, § 1450. Arrest of judgment, grounds for, § 1452. Arrest of judgment, effect of, § 1452. Bail, § 1458. Challenges to jurors, § 1436. Complaint, proceedings to commence by, § 1426. Conviction, proceedings on, § 1445. Corporation, summons to, § 1427. Costs, § 1448. Court cannot charge on questions of fact, § 1439. Covirt, trial is by, when, § 1430. Defined, § 1461. Discharge of defendant on payment of fine, § 1457. Docket of, § 1428. Execution of judgment for imprisonment, § 1455. Execution of judgment of imprisonment until fine is paid, § 1456. Fine and imprisonment, § 1446. Fine, failure to pay over, § 427. Fine, judgment of, discharge of defendant, § 1454. ^ Fines and forfeitures, how disposed of, § 1457. Instructions, § 1439. Issue, tried how, § 1430. Judgment of fine may direct imprisonment, § 1446. Judgment, purchase of by a justice, § 97. Judgment, time for rendering, § 1449. Judgment to be entered in minutes, § 1453. Jury, discharge of, without verdict, §§ 1443, 1444. Jury discharged, retrial of defendant, § 1444. Jury, formation of, § 1435. Jury may decide in court or retire, § 1440. Jury waived how, § 1435. Law, court to decide questions of, § 1439. Lottery, proceeding to enforce foffeiture of property in, § 325. Magistrate, police judge is a, § 808. Minutes kept how,' § 1428. Prosecution need not be by indictment or information, 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. Plea, and how put in, § 1429. 906 POLICE COURT— PRELIMINARY EXAMINATION. Plea of guilty, proceedings on, § 1445. Postponement of trial, right of, § 1433. Presence of defendant necessary, § 1434. Prosecution need not be by indictment or information, § 682. Subpoenas, § 1459. Trial conducted how, § 1438. Venure, change of, § 1431, 1432. Verdict, discharge of jury without, §§ 1443, 1444. Verdict of jury, how delivered and entered, § 1441. Verdict of jury, when several defendants, § 1442. What courts included in, § 1461. See Justices and Police Court. POLICE JUDGE, Corporation committing offense, summons to issue, § 1427. Corporation committing offense, summons, service of and proceedings on, § 1427. Warrant of arrest, form of, and when to issue, § 1427. POLITICAL CONVENTION: See" Election. POLITICAL MEETING, disturbing, § 59. Hindering electors from holding, § 58. POLLING the jury, § 1163. POLLS: See Elections. POLL TAX: See Tax. Eeceipts for, offenses in connection with, §§ 431, 432. POSSE COMITATUS, refusing to join, § 150. Supervisors authorized to pay expenses of, p. 723, Stats. POSTING BILLS on property of another, § 602. POST-MORTEM examination, § 1512. POSTPONEMENT: See Adjournment. POWDER: See Explosives. PRACTICE: See Pleading. PREGNANCY of defendant, proceedings to determine be- fore execution, §§ 1225, 1226. PRELIMINARY EXAMINATION, accomplice, conditional examination of, § 882. PRELIMINARY EXAMINATION. 807 Bail for appearance at, § 1273. Bail on postponement of, § 862. Bail, order for on commitment, § 875. Bail, undertakings for to be returned to court, § 883. Charge, magistrate to inform defendant of, § 858. Commitment for examination, how made and form of, § 863. Commitment, form of, §§ 863, 872, 873, 877. Commitment, how made and to whom delivered, § 876. Commitment, indorsing on complaint, § 872. Commitment on postponement of, § 862. Commitment, when and how made, § 872. Completed, to be in one session, § 861. Counsel, magistrate to inform or right to, § 858. Counsel, sending for, § 859. Counsel, time to seud for, § 859. Depositions, by whom and how taken, § 87G. Depositions, examination and copying of, § 870. Deposition in homicide, authentication and form thereof. § 869. Deposition in homicide, compensation of reporter, § 869. Deposition in homicide, transcribing, § 869. Deposition in homicide, signatures, § 869. Depositions to be read on, § 864. Depositions to be returned to court, § 883. Discharge of defendant, when and how made, § 871. Infant witness, to give security, § 880. Magistrate to return depositions, undertakings, war- rants, etc., to court, § 883. Married woman as witness to give security, § 880. Postponement, commitment or discharge on bail, § 862. Postponement, length of, § 861. Postponement, to allow time to send for counsel, § 859. Present at, who may be, § 868. Reporter's compensation for deposit ion in homicide, § 869. Hubpoenas, issuing, § 864. Testimony, how taken and authenticated, § 869. Time for commencing, § 860. Undertakings to be returned to court, § 883. Warrant to be returned to court, § 883. When to be completed, § 861. 'j08 preliminary EXAMINATION— PRESENTMENT. When to proceed, § 860. Who may be present at, § 868. Witness, accomplice, conditional examination of, § 882. Witness, conditionally examined, when, § 882. Witness, conditional examination, how conducted, § 882. Witnesses, defendant may cross-examine, § 865. Witness, deposition, admissibility of, § 882. Witnesses, examination of defendant 's, § 866. Witnesses, exclusion and separation of, § 867. Witnesses to be committed on refusal to give security to appear, § 881. Witnesses to be examined in presence of defendant, § 86.5. Witnesses unable to give security to appear may be examined conditionally, § 882. Witnesses, undertaking of, to appear, §§ 878-882. PREMISES, forcible entry and detainer of, § 418. Return, after being removed by legal proceedings, § 419. PRESCRIPTION: See Druggist. PRESENTMENT: See Indictment; Information. Bench-warrant to be issued, when, § 933. Bench-warrant, clerk when and how may issue, § 934. Bench-warrant oh, form of, § 935. Bench-warrant, how served, § 936. Bench-warrant may be served in any county, § 936. By grand jury, how made, § 944. Concurrence of twelve grand jurors necessary to find- ing, § 931. Defined, § 916. Foreman of grand jury to sign, § 931. Magistrate, how proceeds when defendant brought be- fore him, § 937. Must be by twelve grand jurors, § 931. Must be presented to court and filed, § 932. Of indictment, manner of, § 944. Proceedings when defendant is brought before magis- trate, § 937. PRESENTMENT— PRINTING. a09 To be filed with clerk, § 932. To be presented by foreman to court, § 932. PRESIDENT, conspiracy to commit any crime against a felony, p. 582, Stats. Assault, upon, a felony, p. 582, Stats. PRESTON SCHOOL OF INDUSTRY, additional land for, p. 668, Stats. Commitment to, p. 686, Stats. Completion of building and furnishing and equipping the same, p. 668, Stats. Establishment of, p. 686, Stats. Evil-minded persons prevented from coming on grounds, p. 688, Stats. Improvements and water supply, p. 669, Stats. Maintenance of, p. 657, Stats. Maintenance of inmates at, p. 686, Stats. Management of, p. 657. Stats. Powers of judge, p. 686, Stats. Pi'ocedure, p. 686, Stats. PRESUMPTION, director, respecting, §§ 568, 569. Guilt, from finding indictment, § 1270. Indictment need not state, of law, § 961. Innocence, of, § 1096. PRETENSE: See False Pretenses. PREVIOUS CONVICTION, finding on, § 1158. Form of verdict on, § 1158. See Second Conviction; Former Jeopardy. PRIMARY ELECTION: See Election. PRINCIPAL, jurisdiction of, not present, § 792. Who is a, § 31. PRINTING, circulars injurious to candidate, i)riiiting, § 62b. Election ticket, when unlawful, § 62. Superintendent of state, not to be interested, §§ 99, 100. Transcri]»ts on appeal a county cliai-gc, § 1216. Writing includes, § 7. 910 PRIOR CONVICTION PRISON. PRIOR CONVICTION: See Plea. PRISON: See Jail; Convict; Prisoner. Account of funds from prison labor, § 1580. Bags, price at which to be sold, p. 713, Stats. Board may appoint what officers, § 1577. Board of examiners consists of whom, § 1584. Carrying into, things to aid escape, § 110. Child under sixteen not to be confined with adult, § 273b. Clerk, duties of, § 1578. Code, effect of on statute respecting, § 23. Communicating with convict, § 171. Compensation and allowances to sheriffs delivering prisoners to, § 1586. Compensation of sheriffs, how allowed and paid, § 1586. Contraband articles, bringing into, punishment of, § 180a. Contracts, advertising for bids, § 1587. Contracts, how entered into, § 1587. Coroners' inquests in, expenses of, payment of, p. 720, Stats. County jails: See Jails. Credits, §§ 1590, 1591. Directors, authority to make contracts, § 1587. Directors cannot incur debt binding on state, § 1585. Directors, compensation of, § 1574. Directors may make rules governing credits for good behavior, § 1592. Directors, report by, § 1580. Discharged prisoner coming upon grounds in night, § 171b. Drugs, liquors, weapons, or explosives, bringing into, § 171a. Escape: See Escape. Expenses and salaries, how audited, allowed and paid, § 1584. Explosive, bringing to or in vicinity of, § 180a. Folsom, branch prison at, erection and maintenance of, p. 705, Stats. T^olsom, completion of branch prison at, p. 710, Stats. Folsom, directors authorized to pay for skilled labor in constructing dam and canal, p. 720, Stats. Folsom, electric pump plant to use water of American River, p. 73 6, Stats. Folsom, employment of prisoners in completion of road, p. 719, Stats. Folsom, erection of building for insane prisoners, p. 717, Stats. Folsom, erection of wall at, p. 710, Stats. Folsom, improvements and repairs, § 716, Stats. Folsom, rock-crushing plant, act relating to, pp. 710, 713. Funds from prison labor, how appropriated, § 1580. Funds, how applied, § 1584. Funds, what constitute, § 1583. Government and regulation of, p. 691, Stats. Grand jury to inquire into condition of, § 923. Hemp, directors authorized to purchase to make into bags, p. 71G, Stats. Importation of convicts, §§ 173, 175. Improvements and repairs at, p. 718, Stats. Inhumanity to prisoners, § 147. Injuring, etc., jails, § 606. Intoxicants, bringing to, or in vicinity of, § 180a. Jute, building, land and machinery for manufacture of, p. 717, Stats. Jute, establishment of permanent fund for jnirchasc of, p. 717, Stats. Jute, purchase and manufacture of, p. 717. Lieutenant-governor, compensation of, § 1575. Liquor, sale of, within two miles, § 172. Officers, duties of, § 1578. Officers, monthly reports by, § 1579. Photographs and descriptions of convicts to be sent sheriffs and chiefs of police, p. 583, Stats. Eock-crushing plants at, p. 710, Stats. Rules and regulations, board to adopt and print, § 1576. San Quentin, building for insane prisoners, p. 717, Stats. San Quentin, additional lands at, p. 718, Stats. Under whose control and superintendence, § 1573. Vacancy in office of lieutenant-governor, president pro tem of senate to act as, § 1573. "Warden, monthly report by, § 1579. Weapons, bringing to, or in vicinity of, § ISOa. 912 PRISONER. PRISONER: See Convict; Jail; Prison. * Acknowledgment, may make, § 675. Arrest without authority, § 146, Assault with deadly weapon by, punishable with death, § 246. Bringing before courts, how, § 1567. Child under sixteen not to be confined with adult crim- inal, § 273b. Civil death of: See Death, § 674. Civil process, on, support of, § 1612. Communicating with, § 171. Compensation for conveying to prison, § 1586. Confinement to be actual, § 1600. Convict, costs of trial of, how paid, § 111. Costs of trial of convicts for crimes committed in prison, p. 588, Stats. Costs of trial of escaped convicts, payment of, p. 588, Stats. County jails: See Jails. County, returning to proper, § 1606. Credits, §§ 1590, 1591; p. 702, Stats. Credits for good behavior, record of prisoners, § 1592. Credits for good behavior, rules governing, § 1592. Credits to prisoners sentenced before 1864, § 1594. Cutting hair of, p. 719, Stats. Deposition of. § 1346. Directors, report by of prisoners entitled to pardon, § 1595. Discharge of, order of, § 1590. Discharge of prisoners whose terms expired, § 1593. Discharge of, restoration to citizenship, § 1593. Discharged prisoner going upon grounds of prison or reformatory, § 171b. Employment of prisoners in constructing roads, p. 719, Stats. Escape, assisting in, § 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. Escape, officers suffering, punishment of, § 108. Federal, duty of sheriff, §§ 1601, 1602. Federal, expense of, § 1581. Federal, receiving and keeping, § 1581. PRISONER— PRIVILEGE OF WITNESS. 913 Federal, receiving and .:eeping in state's prison, § 1581. Federal, sheriff to receive and keep in county jail, § 1601. Government and regulation of, p. 691, Stats. Grand jury to inquire into condition of, § 923. Hair cutting, of persons convicted of misdemeanor, § 1615. Hair, act relating to cutting of, § 1615, note. How brought before courts, § 1567. Infants under probationary treatment, expenses of, § 1388. Inhumanity to, § 147, Insane, disposition of, § 1582. Insane prisoners, buildings for, p. 717, Stats. Letter, writing or reading matter, taking to or from, § 171. Monday, to be discharged on, § 28. Money, etc., taken from, §§ 1412, 1413, Parole: See Parole. Photograph and description to be furnished sheriffs and chiefs of police, p. 583, Stats. Protection of convict, § 676. Eefusing to receive person charged with crime, § 142. Eelease of prisoners, ordering by governor, § 1593. Eeport by directors of prisoners entitled to pardon, § 1595. Eeport of prisoners whose terms expired, § 1593. Eeseue of, § 101. Sale or conveyance, may make, § 675. Separation of children and adults, p. 623, Stats. Service on, § 1609. Sheriff, compensation for conveying prisoners to pris- on, p. 691, Stats. Stone-cutting, etc., by prisoners, prohibited, § 1588. Temporary removal of to act as witness, § 1333. Unauthorized communication with, a misdemeanor, § 171. Witness, as, § 675. PRIVATE PERSON, may arrest, when, § 837. PRIVATE STATUTE, how pleaded, § 963. PRIVATE WAY, injury to, malicious, § 588. PRIVILEGE OF WITNESS: See Witnesses. Pen. Code— 58 314 PRIVILEGED COMMUNICATIONS— PROCESS. PRIVILEGED COMMUNICATIONS, comments of in report of grand jury are not, § 928. Husband and wife, competency of as witnesses, § 1322. See Libel. PRIZE FIGHT, in general, § 412. Jurisdiction of, § 795. Leaving state to engage in, § 414. Penalty for, § 412. Persons present at, guilty of misdemeanor, § 413. Prohibition of, p. 652, Stats. Sparring exhibition, boxers to be examined by physi- cian, § 412. Sparring exhibitions, for limited number of rounds, su- pervisors may permit, § 412. PROBABLE CAUSE, certificate of, §§ 1243-1245. PROBATIONARY TREATMENT of juvenile delinquents, § 1388. Juvenile court: See Juvenile Court. On judgment of fine and imprisonment, §§ 1203, 1215. Probation, revocation, suspension, or modification of, §§ 1203, 1215. Rearrest of defendant and pronouncing judgment, §§ 1203, 1215. Suspension of sentence and placing defendant on, § 1203. Termination of and discharge of defendant, § 1203. See Infant. PROCESS: See Arrest. Arrest without authority, § 146. Contempt for disobeying, §§ 166, 724. Defined, § 7. ■ , Duty of jailer where papers served on him for prisoner, § 1609. Execution of, justifies homicide, § 196. Levy without, § 146. Military, to aid in executing, § 725. Officer to certify persons resisting, § 724. Parties to proceeding for removal of officer entitled to, § 768. Power of officer to overcome resistance to execution of, § 723. PROCESS— PROSECUTION. 915 Prisoner, service on, § 1609. Resisting execution of, in county proclaimed in in- surrection, § 411. Retaking of goods seized under a misdemeanor, § 102. Retaking possession after dispossession by, a misde- meanor, § 419. Returnable, where, § 1504. Seizing property without, a misdemeanor, § 146. Seizure of property without, § 146. Sheriff may summon persons to assist in executing, § 723. Sheriff not to receive prisoner on civil, unless expenses provided, § 1612. PROCLAMATION, governor may declare county to be in state of insurrection, § 732. Governor may revoke, § 733. PROFANE LANGUAGE, use of, § 415. PROMISSORY NOTE: See Negotiable Instruments. PROPERTY. Burning property not subject of arson, § 600. Malicious trespass to, § 602. Conspiracy to obtain by fraud, § 182. Dogs are, § 491. Fraudulent concealment of, by debtor, § 154. Fraudulent concealment of, by defendant, § 155. Fraudulent pretenses as to birth of infant, § 156. Homicide in defense of, justifiable, § 197. Includes what, § 7. Injuries to, what a misdemeanor, § 6501^. Inventory of, taken on search-warrant, § 1537. Larceny of lost, § 485. Protection of, § 693. Receipt for, taken on search-warrant, § 1535. Receiving, in false character, § 530. Refusing to give assessor list of, § 429. Selling, by warehouseman, § 581. PROSECUTION, action dismissed for want of, when, § 1382. By indictment or information, § 682. Continuance of case and disdiargc of defendant on his own recognizance, § 13S3. Costs, payment of by prosecutor, §§ 1447, 1448. Form of," § 684. 30 916 PROSECUTION— PROSTITUTION. In name of people, § 684. When not by indictment or information, § 682. See Accusation; Indictm.ent; Former Jeopardy, etc. PROSPECTUS, unauthorized use of name in, § 559. PROSTITUTION", abduction of infant for, punishment, § 267. Child under eighteen sent to house of, § 273. Chinese women, act relating to importation for prosti- tution, § 266a, note. Chinese woman, importing for prostitution, § 266e. Chinese houses of ill-fame, acts for suppression of continued in force, § 23. Compulsory prostitution of women, pianishment of, p. 653, Stats. Consent to, obtaining by fraud, § 266a. Disorderly house, keeping, a misdemeanor, § 316. House of, keeping or living in, § 31-5. House of, keeping, §§ 315, 316. House of, residing in, § 315. Husband consenting or conniving to placing wife in house of, § 266g. Husband placing wife in house of, § 266g. Husband placing wife in house or consenting or conniv- ing, wife may testify, § 266g. Husband placing wife in house, act relating to, § 266g, note. Ill-fame, enticing unmarried minor female into houses of, punishment of, § 266. Hlicit relation, compelling consent to, § 266b. Importation of Chinese or .Japanese women for im- moral purposes, § 266a; p. 653, Stats. Infants, admitting to or keeping in house of, § 309. Infant, not to be sent to house of, § 1389. Infant, sending to house of, § 273e. Inveigling female for prostitution, evidence required to convict, § 1108. Japanese women, act relating to importation for pros- titution, § 266a, note. Japanese women, importing for prostitution, § 266c. Jurisdiction of offense of enticing or taking awaj- fe- male for, § 784, subs. 3 and 4. Jurisdiction of offense of inveigling or taking away female for, § 784. PROSTITUTION-PUBLIC HEALTH. 917 Jurisdiction of offense of inveigling away infant for § 784. Keeping house of, § 315. Letting house for, a misdemeanor, § 316. Living in house of, § 315. Married woman, placing in house of, p. 654, Stats. Paying for woman for purpose of prostitution, § 266e. Paying for woman to place her in house against her will, § 266e. Prevailing upon person to visit, § 318. Punishment of, p. 560, Stats. Receiving money for placing woman in custody for, § 266d. Reputation as evidence of character of house of, § 315. Sale, etc., of woman for immoral piirposes, § 266b. Seduction for purposes of, punishment of, § 266. Taking woman for, against her will, § 266a. Vagrants, who are, § 647. PROVISIONS: See Food. PUBLIC ADMINISTRATOR, neglect or violation of duty by, § 143. PUBLICATION. Cartoon or caricature: See Caricature. For not fighting a duel, § 229. Indecent, § 311. Injurious, presumed to be malicious, § 250. Libelous, what is, § 252. Notice of application for pardon, of, § 1422. Notice to procure abortion, of, § 317. Officers to insure lottery tickets, of, § 324. Privileged, § 254. Proceedings regarding indecent, §§ 311-318. Scaled letters, of, S 618. Service of notice of appeal by, § 1241. Signature to and punishment for not signing, § 259. PUBLIC DEBT, acts for funding and issuing bonds con- tiinu'd in force, § 23. PUBLIC HEALTH, act for cutting hair of persons guilty of misdemeanor, p. 719. Adulteration: See Adulteration. Animals, infected to be killed, § 402%, Animals, sale of diseased, a misdemeanor, § 402. 918 PUBLIC HEALTH— PUBLIC WORKS. Bringing diseased animals into state, § 402. Burial without permit, § 377. Carcasses, offal, depositing of in public place, § 374. Conspiracy to commit acts injurious to, § 182. Crimes against, enumerated, § 374. Disinfection, failure to obey rules of board of health as to, § 377a. Exhumation and removal of dead bodies, regulation of, p. 654, Stats. Ice, refusal to obey regulations of board of health to prevent pollution, § 377c. May order hair of persons convicted of misdemeanor to be cut, § 1615. Quarantine rules of board of health, failure to obey, § 377a. Rules of board of health to prevent pollution of water, disobedience, § 377b. See Health. PUBLIC LANDS, cutting growing trees upon, § 603. Destruction of forest by fire, act to prevent, p. 600. Entering upon and obtaining settlement, prevention of, § 420. Gathering pitch from trees on, § 603. Passage through or over, obstruction of, § 420. PUBLIC LIBRARY: See Library. PUBLIC MEETING, disturbing, §§ 58, 59, 403. Police force to preserve peace, § 720. Preventing, § 58. PUBLIC MONEY, defined, § 426. See Officer. PUBLIC OFFICER: See Officers. PUBLIC PLACE, malicious or reckless use of explosives at, § 6(11. Procuring or permitting exhibition of females in for- bidden, § 306. PUBLIC WORKS: See Hours of Labor. Keceiving portion of wages of laborer on public works, § 653d. Wages, withholding part from laborer or subordinate officer, act relating to, § 653d, note. See Theaters. PUBLISHER— QUARANTINE. ai9 PUBLISHER, libel, § 254. PUNISHMENT: See Imprisonment; Judgment; Execution; Sentence. Act not less punishable as crime because a contempt, § 657. Act punishable by different provisions of code, § 654. Attempt to commit crime, how punished, § 664. Attempt to commit crime, punishment where different . offense accomplished, § 665. Conviction necessary to, § 681. Credits for good behavior, §§ 1590, 1591; p. 702, Stats. Determinec how, between certain limits, § 13. Felony, punishment of where not otherwise prescribed, § 18. Foreign conviction of former offense, effect of, § 668. Foreign law, where offense punishable under, § 655. Forfeiture, conviction not to woi-k, § 677. Gold coin, valuation to be estimated in, § 678. In general, § 654. Juvenile court: See Juvenile Court. Limits of, § 13. Mitigation of, in certain cases, § 658. Mitigation of, proof of matters in, § 1204. Offense for which no penalty prescribed, § 177. Persons liable to, § 27. Preston school of industry: See Preston School of In- dustry. Probationary treatment, §§ 1203, 1215. Probationary treatment of juvenile delinquents, § 1388. See Probationary Treatment. Eescue of prisoner, § 101. Second offense of, § 666. Second term of imprisonment, when to commence, § 669. Summary inquiry for mitigation of, § 1204. "Whittier state school: See Whitticr State School. QUARANTINE, exposing person infected with contagious disease, § 394. Failure to conform to quarantine rules, § 377a. Masters of vessels nf)t obeying regulations, § 376. Neglecting to perform duty under, § 378. Violating health law, § 377. Violating health laws by master of ship, § 376. 920 QUESTIONS OF LAW AND FACT— RAILROAD. QUESTIONS OF LAW AND FACT. Fact, questions of to be decided by jury, §§ 1126, 1439. Law, exceptions may be taken to decisions on ques- tions of, §§ 1170, 1172, 1173. Law, questions of, to be decided by court, §§ 1124, 1126, 1439. Libel, jury decides both law and fact, § 1125. QUICKSILVER, counterfeiting stamp, § 366. Selling debased,. § 367. RACE, highway, on, § 396. RAFT, burning or destroying, § 608. RAILROAD: See Carrier; Street Railway. Animals, leading, driving or permitting to remain along track, § 369e. '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, § 369. Crossing at private passway and leaving open, § 369d. Debt, officer contracting in excess of means, §§ 566, 567. Defacing marks on wrecked property, § 355. Employee becoming intoxicated, guilty of. § 369f. Employee causing death through intoxication, § 369f. Employees, violation of duties of, § 393. Explosives, putting on track, §§ 214, 218. Firing bridges, etc., § 218. Fish, regulations governing transportation and punish- , ment for violation, § 632a. Freight-car, meaning of, § 392. Game, railroad carrying, when guilty of misdemeanor, § 627a. Game, transportation of, regulations governing and pun- ishment for violating, § 627b. Game, transporting out of state without permit, § 627a. Injuries to property, malicious, § 587. Interference with, malicious, punishment, of, § 587. Interfering with track, etc., § 218. Intoxicated, employee becoming a misdemeanor, § 391. Jurisdiction of offense on train, § 783. Lights, interfering with, § 218. RAILROAD— REASONABLE DOUBT. 921 Livestocl:^ failure to unload for rest, water antl food, § 3691). Livestock, neglect of owner to pay for care and food, right of railroad, § 369b. Obstructions, putting on track, § 218. Overcharges by officers of, § 525. Passenger-car, placing in front of freight, § 392. Police, appointment of to serve on, p. 652, Stats. Eiding or driving vehicle along track or over right of way, § 369g. Robbery, interfering with train for purposF of, § 214. Eobberj^, boarding train to commit, § 218. Steam-boiler, mismanagement of, §§ 349, 368. Ticket, check, etc., altering, forging, etc., § 481. Ticket, check, etc., restoring, § 482. Train-wrecking, § 218. Train-wrecking a felony, §§ 218, 219. Train-wrecking, punishment of, § 219. Value of passage ticket, larceny, § 493, RAPE: See Prostitution. Assault, with intent to, § 220. Defendant 's capacity, proving when defendant under fourteen, § 262. Defined, § 261. Drugs, § 261. Female under sixteen, § 261. Fraud, intercourse, procured by, § 266. Lunatic, of, § 261. Murder, in attempting, degree of, § 189. Penetration sufficient, § 263. Personating husband, § 261. Punishment of, § 264. Unconscious female, § 261. BiEAL PROPERTY coextensive witli what, § 7. Landmarks, defacing, etc., § 605. Larceny, severing and removing part of realty, § 495. Malicious injuries to freehold, § 602. Married person, selling under false representations, § 534. Retaking possession after removal l)y process, § •119. Twice stalling, § 533. REASONABLE DOUBT, acquittal in case of, § 1096. Degree, as to, convicts only of the lowest, § 1097. 922 RECAPTURE— RECORDS. RECAPTURE: See Escape. RECEIPT by officer taking money, etc., from person ar- rested, § 1412. Duplicate must be marked duplicate, § 580. Erroneous, issued in good faith, § 579. False, for poll taxes, § 431. False, for poll taxes, possessing, § 432. Fraudulent issue of, §§ 577-580. License, fraudulent use of receipts for, §§ 431, 432. Payment of tax or license, failure to give receipt on, § 431. Search-warrant, for property taken under, § 1535. Tax, for, fraudulent use of receipts for, §| 431, 432. Warehouse, fictitious, §§ 578-580. RECEIVING STOLEN GOODS: See Larceny. Jurisdiction on receiving stolen property and bringing into state, § 789. RECOMMITMENT, bail given on qualifications of sureties, § 1317. Bail in case of, who may take, § 1315. Bail may be given, w^hen and when not, §§ 1313, 1314, Contents of order for, § 1311. Defendant, whether may again be admitted to bail, § 1314. If for failure to appear for judgment, defendant to be committed, § 1313. May be arrested in any county, § 1312. Of defendant after admission to bail, in what cases or- dered, § 1310. RECONSIDERATION of verdict of guilty may be directed, when, § 1161. RECORDING verdict, § 1164. RECORDS, action, of, what constitutes, § 1207. Adding names to jury lists, § 116. Altering, a forgery, § 471. Clerk to transmit to appellate court, § 1246. Destroying, punishment of, §§ 113, 114. False entries in, a forgery, § 471. False or forged instruments, offering for record, § 115. False, preparing for use on trial, § 134. False instrument, offering for, a forgery, § 115. RECORDS— REFORMATORY. 923 Falsification of, no limit of time for prosecution, § 799. Falsifying, §§ 113, 114. Falsifying jury lists, § 117. Forged instrument, offering for, a forgery, § 115. Forgery of, § 470. Grand jury entitled to access to without charge, § 924. Mutilating, etc., § 113. Public, no limitation of time to prosecute for falsifica- tion of, § 799. Eefusal of oflficer to surrender to successor, § 76. Stealing, § 113. REDEMPTION, sale by pawnbroker before time of expires, § 341. REFEREE, bribing, §§ 92, 93, 95. Contempt before, § 166. Influence, improper attempts to, § 95. Intimidation of, § 95. Misconduct of, § 96. Receiving bribe, punishment of, § 93. Receiving communication other than in regular proceed- ing, § 96. REFORMATORY, bringing intoxicants, narcotics, weapons, explosives to or in vicinty of, § 180a. Communicating with inmate, § 171. Discharged prisoner coming upon grounds in night, § 171b. Drugs, liquors, weapons or explosives, bringing into, § 171a. Escape from, punishment for assisting in, § 109. Evil-minded person, vagrant, etc., communicating with inmates, § 171c. Evil-minded persons, act to prevent coming on grounds of, § 171a, note. Expenses of infant delinquent, at, § 1388. Letter, writing, or reading matter, taking to or from, § 171. Liquor, sale of within two miles of, § 172. Prisoners to be discharged on Monday, § 28. Probationary treatment of juvenile delinquents, § l.^SS. Weapons, act to prevent bringing on grounds of, § 171a, note. See House of Correction; Juvenile Court; Probationary Treatment; Preston School of Reform; Whitticr State School. 924 REGISTRATION— RESUBMISSION. REGISTRATION: See Elections. Fraudulent, of animals, § 537%. RELIGIOUS MEETING, disturbing, § 302. REMEDY, civil, preserved by code, § 9. REMITTITUR, §§ 1264, 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, § 9^- REPRIEVE, in general, §§ 1417-1422. REPUTATION, as evidence of character of house of prosti- tution, § 315. RESCUE: See Escape. Breaking doors to retake prisoner rescued, § 855. Insurrection, aiding after declaration of, § 411. Of prisoners, § 101. Retaking person rescued, §§ 854, 855. RESERVOIR, malicious injury to, §§ 592, 607. RESIDENTS. Crimes committed out of state when pun- ishable in state, § 27. RESISTANCE, lawful, when and by whom may be made, §§ 692-694. Public officer, to, §§ 69, 148. To strs'ice of process, overcoming, §§ 723-728, 732. RESOLUTION: See Legislature. RESTRAINING ORDERS, use of limited in disputes be- tween master and servant, p. 581, Stats. 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. RESUBMISSION— RIOT. 925 Of case after indictment set aside, §§ 997-999. When demurrer allowed, §§ 1008-1010. RETAKING goods from custody of officer, § 102. RETROACTIVE, code not, § 3. RETURNING to lands after removal by process, § 419. RETURNS: See Elections. REVENUE, board of examiners neglecting duties concern- ing, § 441. Obstructing collection of, a misdemeanor, § 428. Officer connected with refusing inspection of books, pun- ishment of, § 440. See Taxes. REWARDS. Amount that may be offered, § 1547. Extradition for, § 1558. For fugitive from justice, § 1547. Governor, when may offer for criminal, § 1547. Officer taking for appointment or deputation, punish- ment of, § 74. Robbery, reward for arrest of person engaged in, p. 610, Stats. When payable, § 1547. RIOT, arrest of rioters not dispersing, § 727. Commanding assistance by officers in serving process, § 723. Contempt, resisting service of process, § 724. Defined, § 404. Governor may revoke proclamation of insurrection, § 733. Homicide in suppressing, justifiable, § 197. Insurrection, governor may declare county in, § 732. Jurisdiction of justice's courts over, § 1425. Magistrates and officers to command rioters to disperse, § 726. Magistrate or officer refusing or neglecting to disperse, § 410. Military, ammunition of, § 729. Military com])anie8, unlawful, § 734. Military, conduct of, in general, § 731. Military, firing blank cartridges, § 731. Military governor to ordei out to aid in executing pro- cess, § 725. Military, liability of olliccrs for acts done on duty, § 731.. 92o RIOT— SAILORS' HOME. Military to appear at time and place appointed, § 729. Military, to obey orders, §§ 729, 730. Military, who may order out, § 728. Names of persons resisting process, certifying to court, § 724. National Guard, governor may order into service, when, § ^32. Punishment of, § 405. Remaining at after warning to disperse, § 409. Suppress, oflficer may, § 697. Unlawful assembly, defined, § 407. RIVER: See Waters. ROAD, maintaining, for remuneration without authority, § 386. ROBBERY, assault with intent to commit, § 220. Bringing stolen property within state, § 27. Defined, § 211. Fear that may be an element in, § 212. .Turisdiction where property brought into county, § 786. Kidnaping, with view to, § 209. Murder in committing, degree of, § 189. Punishment of, § 213. Railroad or train, interfering with for purpose of rob- bery, § 214. Stolen property, bringing into state, § 27. RODEOS, effect of code on statute regulating, § 23. ROUT defined, § 406. Jurisdiction of justice 's court over, § 1425. Magistrate refusing to disperse, § 410. Punishment of, § 408. Refusal to disperse on command, a misdemeanor, § 416. Remaining at, after warning, to disperse, § 409. Unlawful assembly, defined, § 407. SACRAMENTO RIVER, limits of tide water in, § 634. SAILOR: See Shipping. SAILOR BOARDING-HOUSE, violation of provisions of code concerning, § 643. SAILORS' HOME, liquors, sale of within one mile and a half of, § 172. Salary— SAN joaquin river. 921 SALARY: See Officers; Wages. Receiving x^art of subordinate's, by judicial officer, § 94. SALES, adulterated food, misdemeanor, § 382. False labels on goods, § 349a. False statements as to quality of goods, § 654a. False weight, giving, a misdemeanor, § 555. Fraudulent, by debtor, §§ 154, 531. Fraudulent, by married person, § 534. Labels, false, on goods sold, penalty for affixing, § 349a. Of convict-made goods, a misdemeanor, § 679a. Of goods with counterfeit trademark, a misdemeanor, § 351. Penalty for officers purchasing at, § 71. Putting in extraneous substance to increase weight, '§ 381. With intent to defraud, § 155. SALMON: See Animals; Game Laws. SALOON, females employed in, § 306. Permitting minors to gamble in, § 336. See Intoxicating Liquors. SALVAGE, retaining wrecked property after, paid, § 544. SAN ANTONIO CREEK, fish not to be caught by seines, nets or weirs in, p. 605, Stats. SAN FRANCISCO, act relating to home of inebriate con- tinued in force, § 23. Collecting tolls or wharfage without authority, a mis- demeanor, § 642. Coroners in, p. 586, Stats. Coroner in, assistants to, p. 586, Stats. Goods saved from fire, failure to notify, punishment, § 500. House of correction, p. 012, Stats. Italian interpreter in, p. 618, Stats. Removing property from v/harvcs without authority, § 642. Stenographer in for coroner, p. 584, Stats. Unlawful interment, a misdemeanor, § 297. Violating quarantine laws of, punishment of, § 376. SAN FRANCISCO HARBOR, j)olice regulations of, violat- ing, § 643. SAN JOAQUIN RIVER, limits of tide water in, § 634. 928 SAN LEANDRO CREEK— SEARCH-WARRANT. SAN LEANDRO CREEK, fishing in forbidden, p. 605, Stats. SAN QUENTIN: Sec Prison. SANTA MONICA, destruction of sea-gulls in vicinity of for- bidden,- p. 609, Stats. SAVINGS BANK: See Bank. SAW-LOG: See Log. SCAFFOLDING, destroying or removing notice of unsafety a misdemeanor, § 402c. Inspection of, obstruction of officer, a misdemeanor, § 402c. Unsafe, erection of, a misdemeanor, § 402c. SCHOOL OF INDUSTRY: See j'reston School of iu'hen broken, § 711. Return of to clerk, § 883. Witness, of, at preliminarj'' examination, §§ 878-882. Witness, to appear, forfeited by nonappearance, § 1332. UNINCORPORATED ASSOCIATIONS, wearing badge of without right, § 538b. UNITED STATES includes what, § 7. Defacing notice of, § 616. Prisoners, committing in county jail, §§ 1601, 1602. UNITED STATES COAST SURVEY, injuring posts, sig- nals, etc., of, a misdemeanor, § 615. UNITED STATES FLAG, desecration of prohibited, p. 607, Stats. UNITED STATES JUDGES, offenses against, p. 582, Stats. UNITED STATES SENATOR, candidate for advancing money for election purposes, § 63. Candidate or member of legislature receiving money from candidate for, § 63a. UNIVERSITY OF CALIFORNIA, liquor, sale of within ono mile prohibited, § 172. Pen. CorIe-60 946 UNLAWFUL. ASSEMBLY— VENUE. UNLAWFUL ASSEMBLY, §§-407-410. Defined, § 407, See Eiot; Eout. USURPATION of public office, § 7i5. USURY, by pawnbrokers, § 340. VAGRANT, who is a, § 647. VALUE, how estimated in determining crime, § 678. Passage tickets, 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. In indictment and proof, § 1021. Verdict, form of when defendant acquitted on ground of, § 1151. VEHICLE, temporarily taking without consent, § 499b. VENDOR AND VENDEE, married persons selling lands under false representations, § 534. Sale of land twice, a felony, § 533. VENUE, application for change of, how made, § 1034. Authority of court to which action removed, § 1038. Change of, application for, how made, § 1034. Change of, application, hearing had in absence of de- fendant when, § 1034. Change of, application, hearing of and affidavits, § 1034. Change of, grounds for, § 1033. Change of, granted when, § 1035. Change of, proceedings to obtain, § 1034, Change of, transmitting papers, § 1038. District attorney may move for where jury cannot be obtained, § 1033. Exception to refusal to grant, § 1173. Impartial trial, change for, § 1033. Information for offense triable in another county, pro- ceedings, § 827. Justice or police court, change of, §§ 1431, 1432. Order granting change of, §§ 1035, 1036. VENUE— VERDICT. 947 Popular prejudice, hearing, when to be in absence of defendant, § 1034. Proceedings on change of, §§ 1037, 1432. Bemoval of action, order for, § 1036. Removal of action, proceedings on, if defendant in custody, § 1037. 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, agreement of jury, proceedings on, § 1147. Appearance of defendant, § 1148. As to some, new trial as to others, § 1160. Conviction, necessary to, § 689. Conviction, proceedings on, § 1166. 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. Form of, §§ 1151, 1158. General, § 1151. General or special, § 1150. Informal, judgment 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. Justice's court, in, §§ 1441-1443. Lesser offense, may convict of, or of attempt, § 1159. Manner of taking, § 1149. Polling jury, § 1163. Prevented, trial of cause again, § 1141. Previous conviction, finding on, § 1158. Proceedings, if any juror disagrees, § 1164. Proceedings where all jurors do not appear, § 1147. Proceedings where jury liave agreed, § 1147. Promise to give a, § 96. Reconsideration of, may be ordered, when, § 1161. Recording, § 1164. Retirement, in, § 1128. Return of jury, proceedings on, § 1147. Special, defective, etc., new trial ordered, § 1156. 31 948 VERDICT— WAIVER. Special, defined, § 1152. Special, essentials of, § 1152. Special, form of, § 1154. Special, judgment on, how given, § 1155. Special or general, § 1150. Special verdict, proceedings on, § 1166. 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. VESSEL, includes what, § 7. Maliciously injuring or setting adrift, § 608. Mismanagement of, §§ 348, 368. Throwing ballast overboard from, a misdemeanor, § 613. Using for lottery purposes, a misdemeanor, § 326. See Shipping. VETERANS, sale of liquors in immediate vicinity of sol- diers' home, § 172; act to prevent, p. 622. Unlawfully wearing badge of grand armv, punishment of, p. 611. VETERANS' HOME; See Soldiers' Home. VETERINARIAN, state, act creating, p. 561, Stats. VICE-PRESIDENT, offenses against, p. 582, Stats. VIEW OF PREMISES, § 1119. VITRIOL, throwing on person, § 244. VOTERS AND VOTING: See Election. VOUCHER, duplicate to be marked, § 580. Fraudulent issue, §§ 577-580. Presenting fraudulent to public officer, § 72. WAGER: See Gambling. Elections, on, § 60. WAGES, saloon, payment in, § 680. See Salary. WAIVER, defects in indictment or information, waiver by failure to demur, § 1185. Jury, waived, how, § 1435. Jury, manner of, § 1042. WAR— WARRANT OF ARREST. 949 WAR: See Insurrection. Courts-martial, authority of, code -preserves, § 11. WARD: See Guardian and Ward. WAREHOUSEMAN, pledge by, §§ 581, 583. Sale or hypothecation by, §§ 581, 583. WAREHOUSE RECEIPT, fictitious, § 578. Duplicate, failure to stamp, § 580. Erroneous, issued in good taith, § 579. WARRANT OF ARREST: See Arrest. Arrest in another county, taking before magistrate of county for bail, § 823. Arrest made with, warrant to be shown, § 842. Arrest made with, force, § 843. Arrest, when must issue, § 813. Arrest with, duty of officer, §§ 829, 848. Arrest without, duty of person making, § 849. Bail: See Bail. Bail, taking of, certifying on warrant, § 823. Bench, clerk when and how may issue, § 934. Bench, form of, 935. Bench, how served, § 936. Bench, issuance of where defendant on aria'gnment or- dered into custody, § 986. Bench, may be served in any county, § 936. Bench, to be issued on presentment, when, § 933. Commitment for examination made by indorsement on, § 863. Coroner's, form of, § 1518, Coroner's, service of, § 1519. Coroner's, when to issue, § 1517. Cruelty to animals, issuance on ('oiii])laint of, § 599a. Defendant to be taken before nearest magistrate, § 828. Defendant to be taken before magistrate without de-' lay, § 825. Depositions, what to contain, § 812. Duty of officer executing, § 828. Examination of complainant and witnesses on informa- tion, § 811. For fugitive from justice, § 1549. Forgery of state or county, § 47U. Form of, §§ 814, 1427. Indorsement on, for service in another county, certifi- cate, § 820. %3 WARRANT OF ARREST— WATER. Issued on application for writ of habeas corpus, § 1497. 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 or description of defendant, § 815. Offense triable in another county, proceedings, § 827. Proceedings where defendant arrested out of county ad- mitted to bail, § 823. Proceedings, when defendant taken before magistrate other than the one issuing, § 826. Proceedings, when magistrate issuing cannot act, § 824. Procuring maliciously, § 170. Eeturn of to clerk, § 883. bearch: See Search-warrant. Service by telegraph, §§ 850, 851. Statement of offense, § 815. To be delivered to magistrate with return, §§ 824, 827. 828. To be directed to and executed by peace officer, § 816. To what peace officer directed, §§ 818, 819. Unnecessary to arrest of persons present where ani- mals or birds fighting, § 597d. When and how executed in another county, § 819. "When must issue, on complaint, § 1427. WARRANT, SEARCH: See Search-warrant. WATER, bathing in, a misdemeanor, when, § 374. Befouling, § 374%. Coal tar, depositing in, § 374%. Commissioners ' act continued in force, § 23. Dead animal, putting in, § 374. Drawing after works closed, § 625. Drawing off from a canal, ditch, etc., a misdemeanor, when, § 592. Humboldt Bay, deposits in, § 612. Injuries to water works, a misdemeanor, § 607. Malicious injury to works, §§ 592, 607, 624. Obstructing, bj' throwing overboard ballast, etc., § 613. Obstructing navigable stream, a misdemeanor, § 611. Obstructing stream, § 611. WATER— WHISKERS. 961 Pipes, injuring, § 624. Poisoning, § 347. . Pollution of, § 635. Pollution of by carcasses or offal, § 374. Pollution of by drainage, § 374. Pollution of by livestock, § 374. Pollution of, failure to obey rules of board of health to prevent, § 377b. Stealing, § 499. Subterranean, regulating use of and preventing waste of, p. 571, Stats. Throwing overboard ballast or obstructing navigation, § 613. Works, injury to, §§ 592, 607, 624. WATER COMMISSIONERS, effect of code on statute cre- ating, § 23. > WATER COMPANY, drawing water after works closed, § 625. Injuring works, §§ 592, 607, 624. WATER-PIPES, injuring or obstructing, § 624. WAYS, PRIVATE, injuring, § 588. WEAPON, arrested person, may be taken from, § 846. Assault with deadly, §§ 245, 246. Bringing to or in vicinity of prisons, etc., § 180a. Deadly, exhibiting in rude, etc., manner, § 417. Deadly, possession of, with intent to assault, § 467. Deadly, using unlawfully, § 417. Indian, sale to, § 398. State arms, having or selling, §§ 442, 443. WEIGHTS AND MEASURES, false, defined, § 552. False, using, a misdemeanor, §§ 552, 555. Putting extraneous substances in goods sold to increase weight, § 381. WELLS. Regulating use and preventing waste of subter- ranean water, p. 571, Stats. WHARFAGE, collecting unlawfully, § 642. WHISKERS, wearing false, § 185. 952 WHISTLE— WITNESS. WHISTLE, engineer crossing highway without sounding, a misdemeanor, § 390. WHITTIER STATE SCHOOL, commitments to, p. 686, Stats. Establishment, maintenance and government of, p. 669, Stats. Evil-minded persons prevented from coming on grounds of, p. 688, Stats. Improvements at, p. 690, Stats. Judge, powers of, p. 686, Stats. Maintenance of inmates and liability for, p. 686, Stats. Procedure on commitments to, p. 686, Stats. WILL includes codicil, § 7. Forgery of, § 470. WILLFUL, defined, § 7. WINE, fraud in manufacture and sale of prohibited, p. 551, Stats. Sophistication and adulteration of prohibited, p. 551, Stats. WITNESS: See Deposition; Evidence. Absenting himself, receiving bribe for, § 138. Bribery of, §§ 137, 138. Codefendant discharged that he may be, §§ 1099-1101. Commitment on refusal to give security for appear- ance, § 881. Compelling attendance from out of county, § 1330. Competency of, rules for determining, § 1321. Concealing evidence, § 135. Conditional examination, affidavit, application is made on, §' 1337. Conditional examination, affidavit for, what to state, § 1337. Conditional examination, application, to whom made, § 1338. Conditional examination, attendance of witnesses en- forceable by subpoena, § 13-12. Conditional examination, deposition, objections to, § 1345. Conditional examination, deposition to be sealed and transmitted to clerk, § 1344. Conditional examination, deposition, when may be read in evidence, § 1345. Conditional examination, if facts disproved examina- tion not to continue, § 1341. Conditional examination, in absence of district attor- ney, § 1340. Conditional examination may be had, in what eases, § 1336. Conditional examination of, allowed, § 1335. Conditional examination of, application, notice of, § 1338. Conditional examination of, deposition of prisoner, § 1346. Conditional examination, order, when granted, § 1339. Conditional examination, order, what to direct, § 1340. Conditional examination, testimony, how taken, and au- thenticated, § 1343. Confronted with, to be, § 686. Confronting with, not necessary, when, § 686. Contempt by, § 166. Contempt by disobeying subpoena, § 1331. Convict under life sentence competent, § 675. Coroner's inquest, at, §§ 1512-1515. Deceiving, § 133. Defendant as, § 688. Defendant as, cross-examination, what proper, § 1323. Defendant as, neglect or refusal not to prejudice, § 1323. Defendant cannot be compelled to testify against him- self, § 688. Defendant discharged that he may be, §§ 1099-1101. Defendant entitled to produce, § 686. Depositions: See Depositions. Destroying evidence, § 135. Dissuading to attend, § 136. Dueling, privilege of witness in prosecution for, § 232. Election eases, privilege of witness in, § 64. Expenses of poor or out of county, payment of, § 1329. 954 False evidence, offering, § 132. False evidence, preparing, § 134. Gambling, privilege of witness at prosecution for, § 334. Gaming, privilege of witness, § 333. Gaming, witness not attending trial, § 333. Habeas corpus, at hearing, §§ 1484, 1489. Husband and wife, incompetent, when, § 1322. Imprisoned in another county, deposition of, § 1346. Imprisoned, ordering temporary removal of and pro- ceedings on, § 1333. Infant, security for appearance, § 880. Influencing unlawfully, §§ 137, 138. Juror as, § 1120. Juror challenged, may be examined as, § 1081. Legislature, before, refusal to be sworn or to give evi- dence, § 87. Married woman, security for appearance, § 880. No privilege of in prosecution for lobbying, § 89. Oath of before grand jury, § 918. Officer, in proceedings to remove, § 768. Out of county, compelling attendance of, § 1330. Preliminary examination at, §§ 865-867. Preliminary examination, undertaking to appear at, §§ 878-882. Preventing attendance of, § 136. Prisoner as, how brought into court, § 1567. Prisoner as, temporary removal of and proceedings on, § 1333. Prisoner, as witness, deposition of, § 1346. Privilege of, on charge of dueling, § 232. Eefusing to attend at trial for gambling, § 333. Special proceedings, at, § 1564. Subpoena, coroner may issue, § 1512. Subpoena, defined, § 1326. Subpoena, disobeying is contempt, § 1331. Subpoena, disobeying, civil liability for, § 1331. Subpoena, form of, § 1327. Subpoenas, in special proceedings, § 1564. WITNESS— WORDS AND PHRASES. 956 Subpoena, justice or police judge may issue, § 1459. Subpoena, justice or police judge may punish disobedi- ence, § 1459. Subpoena, served how and by whom, § 1328. Subpoena, service, return of, § 1328. Subpoena to, out of county, § 1330. Subpoena, who may issue, §' 1326. Treason, to, § 1103. Undertaking to appear forfeited by nonappearance, § 1332. Undertaking for appearance at preliminary examination, § 878. Who may be, § 1321. Wife may testify where husband places her in house of prostitution or consents or connives, § 266g. WOOD: See Fires. Defacing marks or putting false marks on, § 356. Setting fire to, § 384. WORDS AND PHRASES: See Definitions. Animal, § 599b. Bribe, § 7. Building, § 448. Construction, rules governing, § 7. Construed according to context and approved usage of language, § 7. Construction of words used in indictment or informa- tion, §§ 957, 958. Corruptly, § 7. County includes city and county, § 7. Cruelty, § 599b. Daytime, § 7. Depose includes what, § 7. Drugs, § 383. Food, § 383. Freight-car, § 392. Inhabited building, § 449. Joint authority, words giving, § 7. WORDS AND PHRASES. Knowingly, § 7. Magistrate, § 7. Malice, § 7. Maliciously, § 7. Masculine words in include feminine and neuter, § 7. Month, § 7. Neglect, § 7. Negligence, § 7. Negligent, § 7. Negligently, § 7. Night-time, §§ 7, 450, 463. Oath includes affirmation or declaration, § 7. Owner, § 599b. Peace officer, § 7. Person, § 599b. Person includes corporation, § 7. Personal property, § 7. Plural includes singular, § 7. Plural included in singular, § 7. Present tense, words in include future, § 7. Process, § 7. Property, § 7. Public moneys, § 426. Eeal property, § 7. Seal, § 7. Section, § 7. Signature, § 7. "Singular includes plural, § 7. Singular included in plural, § 7. State, what includes, § 7. Subscription, § 7. Technical words and phrases, § 7. Testify includes what, § 7. Torment, § 599b. \ Torture, § 599b. United States, what includes, § 7. Vessels, § 7. Will, § 7. . ■, Willfully, § 7. WORDS AND PHRASES— WRITTEN INSTRUMENT. a Writ, § 7. Writing includes printing and typewriting, § 7. WORKS OF ART, etc., injuring, §§ 622, 623. WRECK: See Shipping. Defacing marks upon wrecked property, § 355. Detaining wrecked property after salvage paid, § 544. Possession of wrecked property, § 545. Taking wrecked property, § 545. Train-wrecking, § 218. WRIT defined, § 7. WRITING includes printing, etc., § 7. Obscene, §§ 311-314. WRITTEN INSTRUMENT, destroying, § 617. Value of, on charge of larceny, §§ 492, 494. UmmUlk STATE LIBRARY. SACRAJVJENTO T^^- >^ook is due on the last date stamper^ '- ~" ' ' for th'-'^« ■>'- ' University ,f California LiB,^ -iilH^ook is DUE on rl.. I J UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 891 784 1 , . r?<'