ACTS AMENDATORY OF THE PENAL CODE PASSED AT THE TWENTY-FIRST SESSION OF THE LEGISLATURE. CHAP. DLXXVIII.—An Act to amend the Political and Penal [Approved April 3, 1876.] [Adds two new sections to the Penal Code, to be numbered sections ninety-nine and one hundred. See Amendments to the Political Code, page 16.] CHAP. DX.-An Act to amend section one hundred and seventytwo of the Penal Code. [Approved April 3, 1876.] The People of the State of California, represented in Senate and SECTION 1. Section one hundred and seventy-two of said. to be kept certain 172. Every person who, within two miles of the land be- Liquors not longing to this State, upon which the State Prison is situated, within two or within one mile of the Insane Asylum at Napa, or within miles of one mile of the grounds belonging and adjacent to the Uni- buildings. versity of California, in Alameda County, or in. the State Capitol, or within the limits of the grounds adjacent and belonging thereto, sells, gives away, or exposes for sale, any vinous or alcoholic liquors, is guilty o a misdemeanor. SEC. 2. This Act shall take effect and be in force from and after its passage. Battery, how punishable. CHAP. CCXC.-An Act to amend section two hundred and fortythree of the Penal Code. [Approved March 21, 1876.] The People of the State of California, represented in Senate and SECTION 1. Section two hundred and forty-three of the 243. A battery is punishable by fine not exceeding one thousand dollars, or by imprisonment in the County Jail not exceeding six months, or if committed upon the wife of the assailant, it shall be in the discretion of the Court to punish the offender by the infliction of not less than twenty-one lashes on the bare back, to be administered by the Sheriff of the county or any Constable of the township. SEC. 2. This Act shall be in force thirty days after its passage. of children as musicians, etc. CHAP. CXXIX.-An Act to add another section to the Penal [Approved March 3, 1876.] The People of the State of California, represented in Senate and SECTION 1. The following is added as a new section to the Penal Code, to be known as section two hundred and seventy-two, and to read as follows: Employment 272. Any person, whether as parent, relative, guardian, mendicants, employer, or otherwise, having in his care, custody, or control any child under the age of sixteen years, who shall sell, apprentice, give away, let out, or otherwise dispose of any such child to any person, under any name, title, or pretense, for the vocation, use, occupation, calling, service, or purpose of singing, playing on musical instruments, rope-walking, dancing, begging, or peddling, in any public street or highway, or in any mendicant or wandering business whatsoever; and any person who shall take, receive, hire, employ, use, or have in custody any child for such purposes, or either of them, is guilty of a misdemeanor. SEC. 2. This Act shall take effect immediately. CHAP. CCCV.-An Act to amend section three hundred and seventy-four of the Penal Code. [Approved March 23, 1876.] The People of the State of California, represented in Senate and dead animals SECTION 1. Section three hundred and seventy-four of the Penal Code is hereby amended so as to read as follows: 374. Every person who puts the carcass of any dead Depositing animal, or the offal from any slaughter pen, corral, or in streets,etc. butcher shop, into any river, creek, pond, reservoir, stream, street, alley, public highway, or road in common use, or who attempts to destroy the same by fire within one-fourth of a mile of any city, town, or village, and every person who puts the carcass of any dead animal, or any offal of any kind, in or upon the borders of any stream, pond, lake, or reservoir from which water is drawn for the supply of the inhabitants of any city, city and county, or any town in this State, so that the drainage from such carcass or offal may be taken up by or in such stream, pond, lake, or reservoir, or who allows the carcass of any dead animal, or any offal of any kind, to remain in or upon the borders of any such stream, pond, lake, or reservoir within the boundaries of any lands owned or occupied by him, or who keeps any horses, mules, cattle, swine, sheep, or live stock of any kind, penned, corraled, or housed on, over, or on the borders of any such stream, pond, lake, or reservoir, so that the waters thereof shall become polluted by reason thereof, is guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section three hundred and seventy-seven of this Code. SEC. 2. This Act shall take effect and be in force from and after its passage. CHAP. LVI.-An Act to amend sections four hundred and fiftynine, four hundred and sixty, and four hundred and sixty-one, and to repeal section four hundred and sixty-two of the Penal Code. [Approved February 9, 1876.] The People of the State of California, represented in Senate and SECTION 1. Section four hundred and fifty-nine of the defined. 459. Every person who enters any house, room, apart- Burglary ment, 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. Burglary defined. Same, penalty for. SEC. 2. Section four hundred and sixty of the Penal Code is amended to read as follows: 460. Every burglary committed in the night time is burglary of the first degree, and every burglary committed in the day time is burglary of the second degree. SEC. 3. Section four hundred and sixty-one of the Penal Code is amended to read as follows: 461. Burglary of the first degree is punishable by imprisment in the State Prison for not less than one nor more than fifteen years. Burglary of the second degree is punishable by imprisonment in the State Prison for not more than five years. SEC. 4. Section four hundred and sixty-two of the Penal Code is repealed. SEC. 5. Nothing in this Act shall affect any act committed, or verdict or judgment rendered or entered before it takes effect, but all acts committed before it takes effect shall be inquired of, prosecuted, and punished in the same manner as if this Act had not been passed. SEC. 6. This Act shall be in force from and after twelve o'clock noon, on the first day of May, eighteen hundred and seventy-six. Sellers to give full weights. CHAP. LXXXIII.-An Act to add a new section to the Penal [Approved February 15, 1876.] The People of the State of California, represented in Senate and SECTION 1. A new section is hereby added to the Penal Code, to be numbered five hundred and fifty-five,, and to read as follows: 555. In all sales of coal, hay, and other commodities, usually sold by the ton or fractional parts thereof, the seller must give to the purchaser full weight, at the rate of two thousand pounds to the ton; and in all sales of articles which are sold in commerce by avoirdupois weight, the seller must give to the purchaser full weight, at the rate of sixteen ounces to the pound; and any person violating this section is guilty of a misdemeanor. CHAP. XXV.-An Act to amend section five hundred and sixtyfour of the Penal Code, relating to crimes and punishments. [Approved January 27, 1876.] The People of the State of California, represented in Senate and SECTION 1. Section five hundred and sixty-four of the Penal Code is hereby amended to read as follows: |