obscene books, pamphlets, pictures, prints, cards, papers, or writings, which may be brought before it, or be used upon a trial; and the sheriff, marshal, chief of police, or constable, charged with the execution of said order, shall immediately thereafter destroy the same. 1566. SEC. 4. Courts of sessions, justices of the peace, recorders' courts, in this Jurisdiction. State, and the police judge's court, of the city and county of San Francisco, in this State, shall have full and complete jurisdiction over all cases arising under the provisions of this act. REBEL FLAGS AND DEVICES. An Act supplementary to an act entitled "An Act concerning crimes and punishments, passed April 16, 1850." Approved April 20, 1863, 850. 1567. SECTION 1. Every person who shall expose to public view, on his own Exposure of rebel flags or premises or elsewhere, or suffer to be exposed to public view on his own premises, devices. any flag, or device, of the description used, or reputed to be used, by any rebels against the authority of this State, or of the United States, or by any public enemies of this State, or of the United States, shall be deemed guilty of a misdemeanor, and Punishment. shall be punished by a fine not exceeding three hundred dollars, or by imprisonment in the county jail for a term not exceeding sixty days, or by such fine and imprisonment both, at the discretion of the court having cognizance of the offense. 1568. SEC. 2. Such flag or device so exhibited, with the apparatus connected there- Nuisances. with, shall be deemed a nuisance, and any constable of the township in which the same shall be so exhibited, or the sheriff, or a deputy sheriff, or any other peace officer of the county in which the same shall be so exhibited, taking sufficient assistance therefor, may seize and destroy the same. SEC. 3. This act shall be in force from and after its passage. BRIBERY OF WITNESSES. An Act amendatory of and supplemental to "An Act concerning crimes and punishments, passed April 16, 1850," and the several acts amendatory thereof and supplemental thereto. Approved April 27, 1863, 645. [Section 1 contains the amendment to section 84 of the act of 1850 there inserted. Section 2 contains the amendment to section 86 of same act.] of witnesses. witnesses. 1569. SEC. 3. Every person who shall, directly or indirectly, give, or offer to give, Bribing absenco any sum or sums of money, or other bribe, present, or reward, or any promise, contract, obligation, or security, for the payment or delivery of any money, present, reward, or other thing, to obtain or procure the absence of any person who is or may become a witness, from the trial of any issue in any action or proceeding pending in any court of justice in this State, or before any court commissioner or referee appointed by such court; and every person who shall, directly or indirectly, by act or threat, or any other means, wilfully hinder or prevent any person who is or may become a Hindering witness, from attending the trial of any issue in any action or proceeding pending in any court of justice in this State, or before any referee appointed by such court; and every person who is or may become a witness in the trial of any issue in any action or proceeding pending in any court of justice in this State, or before any referee appointed by such court, who shall wilfully absent himself, or agree or offer to absent Witnesses himself, from such trial in consideration of any money, or other bribe, or present, or reward, or any promise, contract, obligation, or security for the payment or delivery of any money, or other bribe, present, reward, or other thing, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine not exceed- Punishment. ing five thousand dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. bribed. HOUSE-BREAKING IN DAY-TIME. An Act supplemental to "An Act concerning crimes and punishments, passed April 16, 1850." Approved February 27, 1864; 1863-4, 104. 1570. SECTION 1. If any person shall, in the day-time, break and enter any dwelling- Breaking into or house, shop, warehouse, store, mill, barn, stable, outhouse, or other building, or wil- entering houses in day-time, &c. fully and maliciously, by day, without breaking, enter the same, with intent to steal, or to commit any felony whatever therein, every such person, upon conviction thereof, shall be punished by imprisonment in the State prison for a term not less than one nor more than five years. Inquiry as to intoxication of criminals. Verdict and costs. Duty of county clerk. Costs to be added to licenses. Duty of boards CRIMES UNDER INTOXICATION. An Act supplementary to the act entitled "An Act concerning crimes and punishments." 1571. SECTION 1. In every criminal action hereafter tried, the jury, in case the cause be tried by jury, and if not, the court before whom the cause shall be tried, shall inquire whether the offense charged or of which the defendant shall be convicted was committed by him while in a state of intoxication from the use of distilled, spirituous, malt, or fermented liquors or wines, and if it be so found, the same shall be set forth in the record of the verdict or finding; and if such verdict or finding be had before a court which is not a court of record, or before a police court, or inferior municipal court, the said verdict or finding, together with the amount of cost taxed thereon, shall be immediately certified to the county clerk of the county within which said court is held. 1572. SEO. 2. The county clerk of each county shall, during the first week in July, each year, make out and certify to the board of supervisors a statement, showing the legal costs and all other expenses incurred by the county or State during the fiscal year ending on the thirtieth day of June then next preceding, in the arrest, trial, conviction, imprisonment, subsistence, and punishment, of each and every person arrested and convicted in said county of any offense committed while in a state of intoxication as aforesaid. 1573. SEC. 3. The aggregate amount of said costs and expenses shall be apportioned and added pro rata to the amounts now required by law to be paid for license by the vendors of distilled, spirituous, malt, and fermented liquors or wines, in less quantities than one quart, in said county, in such mode that the said aggregate amount for each year shall be collected from the licensed vendors aforesaid, in addition to the present legal rate of license. 1574. SEC. 4. The boards of supervisors in their respective counties shall have full of supervisors. power and authority and it is hereby made their duty to fix the rates of licenses in conformity with the provisions of this act, and thereafter the officers whose duty it is by law to issue licenses and collect the amounts required to be paid therefor, shall proceed to issue and collect the same at the rates so fixed by the board of supervisors; the said boards of supervisors shall also have power to regulate the time and manner of applying for and granting such licenses, and may establish such other regulations as they may deem necessary, in order to carry the provisions of this act into complete effect. MISCELLANEOUS ACTS. An Act to provide for the punishment of embezzlement of public money and other purposes, passed April 10, 1851, 425. See OFFICES, post, 4765. An Act to prevent certain officers from dealing in certain securities or evidences of debt, approved May 4, 1852, 64. See OFFICES, post, 4770. An Act entitled an act to prevent persons from enticing seamen to desert, approved May 17, 1853, 186. See SEAMEN, post, 6753. An Act to protect the bodies of deceased persons and public grave-yards, passed February 16, 1854, 6. See GRAVE-YARDS, &c., post, 3351. An Act to prevent the sale of fire-arms and ammunition to Indians in this State, passed March 24, 1854, 15. See INDIANS, post, 3669. An Act to suppress houses of ill-fame, approved April 2, 1855, 76. See ILL FAME, post, 3588. An Act to prohibit any person or persons, association, company or corporation, from exercis ing the privileges of banking or creating paper to circulate as money, approved April 19, 1855, 128. See BANKING AND PAPER MONEY, ante, 419. An Act to punish vagrants, vagabonds, and dangerous and suspicious persons, approved April 30, 1855, 217. See VAGRANTS AND VAGABONDS, post, 7267. 258 COUNTERFEITING GOLD. An Act to prevent the counterfeiting of gold dust and other species of gold. Approved April 28, 1855, 178. possessing 1575. SECTION 1. If any person shall counterfeit any kind or species of gold dust, Counterfeiting uncoined gold gold bullion or bars, lumps, pieces or nuggets of gold, or any description whatsoever of uncoined gold, currently passing in this State, or shall alter or put off any kind of uncoined gold mentioned in this section, for the purpose of defrauding any person or persons, body politic or corporate, or shall make any instrument for counterfeiting Making or any kind of uncoined gold as aforesaid, knowing the purpose for which such instru- counterfeiting ment was made; or shall knowingly have in his possession and secretly keep any instrument for the purpose of counterfeiting any kind of uncoined gold as aforesaid, every such person so offending shall be deemed guilty of counterfeiting, and upon conviction thereof shall be punished by imprisonment in the State prison for a term not less than one year, nor more than fourteen years. instruments. 1576. SEC. 2. Every person who shall have in his possession, or receive for any other Possessing or receiving person any counterfeit gold dust, gold bullion or bars, lumps, pieces or nuggets of gold, counterfeits. or any description whatsoever of uncoined gold currently passing in this State, or entering in any wise into the circulating medium of the State, with intention to utter, put off or pass the same, or permit, cause or procure the same to be uttered or passed, with intention to defraud any person or persons, body politic or corporate, knowing the same to be counterfeit, and being thereof duly convicted, shall be punished by imprisonment in the State prison for a term not less than one year, nor more than fourteen years. SEO. 3. This act shall take effect from and after its passage. INJURIOUS PUBLICATIONS. An Act to suppress injurious publications. Approved April 21, 1858, 204. abortionist 1577. SECTION 1. Every person who shall knowingly advertise, print, publish, dis- Publication of tribute, or circulate, or knowingly cause to be advertised, printed, published, distri- advertisements. buted, or circulated, any pamphlet, printed paper, book, newspaper notice, advertisement, or reference, containing words or language giving or conveying any notice, hint, or reference, to any person, or to the name of any person, real or fictitious, from whom, or to any place, house, shop, or office, where any poison, drug, mixture, preparation, medicine, or noxious thing, or any instrument or means whatever, or any advice, direction, information, or knowledge may be obtained, for the purpose of causing or procuring the miscarriage, or premature delivery of any woman pregnant with child, shall be punished by imprisonment in the State prison, for a term not less than three years, nor more than ten years. IMPROPER USE OF DEADLY WEAPONS. An Act to prevent the improper and criminal use of deadly weapons. Approved May 5, 1855, 268. 1578. SECTION 1. That any person in this State having, carrying or procuring from Exhibiting or using deadly another person any dirk, dirk-knife, bowie-knife, sword, sword-cane, pistol, gun or weapon. other deadly weapon, who shall, in the presence of two or more persons, draw or exhibit any of said deadly weapons in a rude, angry, or threatening manner, not in necessary self-defense, or who shall, in any manner unlawfully use the same, in any fight or quarrel, the person or persons so offending, upon conviction thereof in any criminal court in any county of this State, shall be fined in any sum not less than one hundred, nor more than five hundred dollars, or imprisonment in the county jail not less than one nor more than six months, at the discretion of the court, or both such fine and imprisonment, together with the costs of prosecution; which said costs shall, in all Costs. cases, be computed and collected in the same manner as costs in civil cases; provided, Proviso. however, that both fine and imprisonment shall not be inflicted unless so determined by the verdict of a jury. fines. 1579. SEC. 2. All fines and forfeitures arising under the provisions of this act, shall Disposition of be paid into the county treasury of the county wherein such offense was committed, for county purposes; provided, nevertheless, that no sheriff, deputy sheriff, marshal, Proviso. constable or other peace officer, shall be held to answer under the provisions of this Duty of officers. Duty of judges. act, for drawing or exhibiting any of the weapons hereinbefore mentioned, while in the lawful discharge of his or their duties. 1580. SEC. 3. It shall be the duty of all military, civil and peace officers in this State, to be vigilant in carrying the provisions of this act into full force and effect, as well, also, as all grand juries or grand jurors, to inquire into and make presentments of each and every offense under this act which shall come under or within their knowledge. 1581. SEC. 4. It shall and is hereby made the duty of all judges in this State to give this act in charge to the grand juries at each term of their respective courts; and also to all trial juries, empanelled for the trial of any of the offenses herein before mentioned in this act. Stealing dogs petit larceny. STEALING OF DOGS. An Act to prevent the stealing of dogs. Approved, March 7, 1860, 70. 1582. SECTION 1. That every person who shall feloniously steal, take and carry, lead, or drive away, any dog, either of the male or female kind, belonging to another, shall be deemed guilty of petit larceny, and upon conviction thereof shall be punished by imprisonment in the county jail, not more than six months, or by a fine not exceeding one hundred dollars, nor less than twenty dollars, or by both such fine and imprisonment. In any judgment rendered for a fine only, the judgment shall provide that unless the same be paid, the defendant shall be imprisoned in the county jail, at the rate of one day for every two dollars of the fine. Employing girls &c. DANCE-HOUSE AND HURDY-GURDY GIRLS. An Act to protect female children under the age of seventeen years. Approved March 17, 1860, 86. 1583. SECTION 1. Every person who shall cause, or procure, or employ, any to dance for hire, female child, under the age of seventeen years, to dance, promenade, or otherwise exhibit herself for hire, drink, or gain, in any drinking saloon, dance cellar, ball-room, public garden, public highway, or in any place whatsoever, (theaters excepted), where two or more persons are assembled together, shall be deemed guilty of a misdemeanor, and on conviction, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding three months; or by both Girls dancing for such fine and imprisonment; and every female child under the age of seventeen years so dancing, promenading, or exhibiting herself, as herein aforesaid, shall be likewise deemed guilty of a misdemeanor, and on conviction shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail, not exceeding one month, or by both such fine and imprisonment. hire, &c. Employing girls to play musical instruments for hire, &c. 1584. SEO. 2. Every person who shall cause, or procure, or employ, any female child, under the age of seventeen years, to play for hire, drink, or gain, upon any accordion, cymbal, hurdy-gurdy, tamborine, or any other musical instrument, in any drinking saloon, ball-room, dance cellar, public garden, or any public highway, or common street, in a city, on a ship, steamboat, or railroad car, or in any place whatsoever, where two or more persons are assembled together, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding three months, Girls playing for or by both such fine and imprisonment; and any female child, under the age of seventeen years, so playing, upon any accordion, cymbal, hurdy-gurdy, tamborine, or any other musical instrument whatsoever, as herein aforesaid, shall be likewise deemed "guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding one month, or by both such fine and imprisonment. hire, &c. An Act to prohibit the sale and disposal of adulerated spirituous or alcoholic liquors, wines, or cider, approved April 14, 1860, 186. See ADULTERATION OF LIQUOR AND FOOD, ante, 262. An Act to prohibit lotteries, raffles, gift enterprises, and other schemes of like character, approved April 24, 1861, 229. See LOTTERIES, RAFFLES, GIFT ENTERPRISES, &c., post, 4411. 260 CONCEALED WEAPONS. An Act to prohibit the carrying of concealed weapons. Approved April 27, 1863, 748. concealed, &c. 1585. SECTION 1. Every person not being peace-officer, provost-marshal, enrolling- Carrying officer, or officer acting under the laws of the United States in the department of the weapons provost-marshal of this State, State and Federal assessors, collectors of taxes and licenses while in the performance of official duties, or traveler, who shall carry or wear any dirk, pistol, sword in cane, slungshot, or other dangerous or deadly weapon concealed, shall, upon conviction thereof before any court of competent jurisdiction, be deemed guilty of a misdemeanor, and shall be imprisoned in the county jail for not Punishment. less than thirty nor more than ninety days, or fined in any sum not less than twenty nor more than two hundred dollars.(") Amendment, approved March 1, 1864; 1863–4, 115; took effect from passage. [A second section repeals all acts and parts of acts in conflict with the provisions of the above amendment.] 1586. SEC. 2. Such persons, and no others, shall be deemed travelers within the Travelers. meaning of this act, as may be actually engaged in making a journey at the time. An Act for the protection of growing timber on all possessory claims, and other private property, in certain counties in this State, and on or along public streets or highways and on public grounds, approved April 19, 1862, 307. An Act to provide for the punishment of persons cutting timber upon or carrying the same, when cut down, from any of the swamp and overflowed, tide, or marsh, or school lands, belonging to this State, approved April 27, 1863, 739. An Act to prevent the destruction of timber on the public lands of this State, approved March 2, 1864; 1863-4, 136. See TREES AND TIMBER, post, 7221. An Act to prevent the arming and equipping, within the jurisdiction of this State, of vessels for piratical or privateering purposes, and other treasonable conduct, approved April 25, 1863, 490. See TRAITORS and TREASONABLE CONDUCT, post, 7148. An Act to punish offenses against the peace of the State, approved April 27, 1863, 755. An Act to prevent the fraudulent conveyance or incumbrance of real estate by married women, approved April 27, 1863, 750. See FRAUDULENT CONVEYANCES and CONTRACTS, post, 3171. Criminal Practice Act. [An Act to regulate proceedings in criminal cases, passed April 20, 1850, 275, amended by act passed April 20, 1850, 332, and by act passed April 22, 1851, 407, was repealed by an Act to regulate proceedings in criminal cases, passed May 1, 1851, 212, given below.] An Act concerning the costs of criminal actions removed before trial. Passed April 29, 1851, 185. 1587. SECTION 1. In every case where a criminal action may have been or shall be Costs on removal. removed before trial, the costs accruing upon such removal and trial shall be a charge against the county in which the indictment was or may be found. removed. 1588. SEC. 2. The clerk of the county to which such action is or may be removed, Draft on county shall certify the amount of said costs to the auditor of his county, who shall audit the whence same and issue his draft therefor upon the treasurer of the county from which such action was or may be removed. An Act to regulate proceedings in criminal cases, Passed May 1, 1851, 212. 1589. SEC 1. This act is divided into seven parts: First. The first embraces general definitions and provisions. Third. The third relates to proceedings for the removal of public officers, by impeachment or otherwise. Fourth. The fourth relates to proceedings in criminal actions prosecuted by indict ment. Fifth. The fifth relates to proceedings in justices', recorders', and mayors' courts. Sixth. The sixth relates to special proceedings. Seventh. The seventh relates to costs in criminal proceedings. Division of act. () The original section was the same as the amendment, omitting the officers mentioned between the words "peace offcer" and "or traveler." |