California Charles Howard Fairall.

Criminal law and procedure of California including the penal code of California online

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626i. Every person who 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, more than three deer, during any one open
season, is guilty of a misdemeanor. [Stats. 1901, p. 820.]

Running or trailing deer during close season.

626j. Every person who. controlling or having in his pos-
session any deerhounds. foxhounds, greyhounds, or any other
kind of dog, wilfully suffers, permits, or allows any of said
dogs to run, track, or trail any deer auring the time when it
is unlawful to kill the same, is guilty of a misdemeanor. [Stats.
1901, p. 820.]

Sale of certain game prohibited.

626k. Every person who buys, sells, offers, or exposes for
sale, barter or trade, any quail, partridge, pheasant, grouse.



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601 VIOLATION OF eJLMB LAWS. 686I-627&

mLge hen. ibis, or ployer. or any deer ineat, whether taken or
killed in the state of California, or shipped into the atate from
any other stats, territory, or foreign country, is guilty of a
misdemeanor. LStats. 1901, p. 820.]

Live birds and animals for certain purposes.

6261. Nothing In this act shall be held to prohibit the pos-
session for scientific purposes, or the taking alive for the pur-
pose of propagation, any of the animals or birds mentioned In
this section; provided, permission to take and possess said
birds or animals for said purposes shall have been first obtained
in writing from the game commissioner or the state board of
fish commissioners, and said permission shall accompany the
shipment of said birds or animals, and shall exempt them from
seizure while passing through any part of the state. [Stats.
1901, p. 821.]

Niglittinne liunting is prohibited.

626m. Every person who, at any time, between one-half hour
after sundown and one-half hour before sunrise of the follow-
ing day. hunts, pursues, takes, kills, or destroys, any of the
birds mentioned in this chapter, is guilty of a misdemeanor.
{Stats. 1901, p. 821.]

Trespass a misdemeanor.

627. Every person who upon any enclosed or cultivated
grounds, which is private property, and where signs are dis-
played not less than three to the mile, along all exterior bound-
aries thereof, forbidding such shooting or hunting, hunts, pur-
sues, takes, kills, or destroys, any quail, partridge, pheasant,
grouse, dove, wild duck, snipe, curlew, ibis, or plover, or any
deer, without permission first obtained from the owner or per-
son 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 misde-
meanor. [Stats. 1901, p. 821.]

119 Cal. 378.

Transportation companies.

627a. Every railroad company, express company, transporta-
tion company, or other common carrier, its officers, agents pnd
servants, and every other person who transports, carries or
takes out of this state, or who receives for the purpose of
transporting from the state, any deer, deer skin, buck, doe or
fawn, or any quail, partridge, pheasant, grouse, prairie chicken,
dove, wild pigeon, or any wild duck, rail, snipe, ibis, curlew, or
plover, except for the purposes of propagation, or who trans-
ports, carries or takes from the state, or receives for the pur-
pose of transportation from the state, any such animal or bird,
or any part of the carcass thereof, is guilty of a misdemeanor.
The right to transport for the purposes of propagation, or for
scientific purposes, must first be obtained by permit in writing
from the game commissioner or the state board of fish com-
missioners. [Stats. 1901, p. 821.]

Shipments of game must be labeled, etc.

627b. Every railroad company, steamship company, express
company, transportation company, transfer company, and every
other person, who ships, or receives for shipment or trans-



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628-629 P£MAL CODE. 602

portation, from any one person, during any one day, more than
twenty-five quail, partridge, grouse or sage hen, snipe, curlew,
or ibis, or more than fifty doves, or more than twenty rail, or
more than fifty wild ducks, or who transports any of said birds
or any deer, in any quantity, unless such birds or deer are at
all times in open view, and labeled with the name and residence
of the person by whom they are shipped, is guilty of a misde-
meanor. [Stats. 1901, p. 821.]

Preservation of fish. Close seasons.

628. Every person who, between the thirty-first day of May
and the first day of July, buys, sells, takes, catches or has in
his possession, any striped bass, or who, between the first day
of January and the first day of July, buys, sells, takes, catches or
has in his possession, any black bass, or, who, between the
first day of April and the fifteenth day of August, buys, sells,
takes, catches or has in his possession, any lobster or craw-
fish, or, who, between the first day of May and the first day of
September, buys, sells, takes, catches, kil.s or has in his pos-
session, any shrimp, or, who, at any time, buys, sells, takes,
catches, kills or has In his possession, any striped bass of less
than one pound in weight or any lobster or crawfish of less
than nine and one-half inches in length, measured from one
extremity to the other exclusive of legs, claws or fee.ers, or
any sturgeon or any egg-bearing female lobster, or any female
crab, or any abalone shells, or abalone the shell of which shall
measure less than fifteen inches around the outer edge of the
shell, or, who, by seine or other means, catches the young fish
of any species and does not immediately return the same to
the water alive, or who buys, sells, or offers for sale or has in
his possession, any such fish, whether fresh or dried, or who
catches, takes, kills or carries away any fish from any pond or
reservoir belonging to, or controlled by, the board of fish com-
missioners, or any person, or corporation, without the consent
of the owners thereof, which pond or reservoir has been stocked
with fish, or who, except with hook and line, takes, catches
or kills any black bass whatsoever, or any kind of fish, from
any river or stream upon which the state or United States
fish hatchery is maintained, is guilty of a misdemeanor, and
punishable by fine not less than twenty dollars nor more than
five hundred dollars, or by imprisonment in the county jail not
less than ten nor more than one hundred and fifty days, or
by both such fine and imprisonment. All fines collected for
any violation of any of the provisions of this section must be
paid into the "fish commission fund." Nothing in this section
prohibits the United States fish commiFsicn and the fish com-
mission of this state from taking :i all times such fish as they
deem necessary for the purpos'^ of artificial hatching. It is no
defense in a prosecution for a violation of any of the provisions
of this section that the fish were caught or taken outside, or
within, this state. [Stats. 1901, p. 54. [

Having screens in fishing.

629. Any person or persons, corporation or corporations,
owning, in whole or in part, or lersing, operating, or having in
charge, any millrace, irrigating-ditch, or canal, taking or receiv-
ing its waters from any river, creek, stream, or lake in which



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603 VIOLATION OF GAME LAWB. 631-631

fish have been placed or may exist, shall put, or cause to
be placed and maintain over the inlet of said ditch, canal, or
millrace, a wire screen of such construction and fineness,
strength and quality, as shall prevent any such fish from enter-
ing such ditch, canal, or millrace, when required to do so by
the fish commissioners. Any person or corporation violating
the provisions of this section, or who shall neglect or refuse to
put up or maintain such screen, shall be guilty of a misde-
meanor, and upon conviction thereof shall be punished by a
fine of not less than ten dollars nor more than one hundred
dollars, and may be imprisoned at the rate of two dollars per
day until such fine be paid or satisfied; provided, that the con-
tinuance from day to day of the neglect or refusal, after noti-
fication in writing by the fish commissioners, shall constitute
a separate offense. [New section approved March 27, 1895;
Stats. 1895, p. 259. In effect immediately.]

Netting or trapping, etc., prohibited.

631. Every person who takes, kills, or destroys, by the use
of any net, pound, cage, trap, set line or wire, any quail, part-
ridge, grouse, wild duck, curlew, or ibis, or who transports,
buys, sells or gives away, offers or exposes for sale, or has in
his possession, any of the said birds that have been taken,
killed, or captured by the use of any net, pound, cage, trap, set
line or wire, whether taken in the state of California, or shipped
into thei state from any other state, territory, or foreign coun-
try, is guilty of a misdemeanor; provided, that the same may
be taken for purposes of propagation or for scientific purposes,
written permission having first been obtained from the game
commissioner or the state board of fish commissioners. [Stats.
1901, p. 822.1

Penalty for violations of provisions of this act.

631a. Every person found guilty of a violation of any of the
provisions of section 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, sections six hun-
dred and twenty-seven, six hundred and twenty-seven a, six
hundred and twenty-seven b, and section six hundred and thirty-
one, must be fined in a sum not less than twenty-five 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 twenty-five days nor more than one hundred and
fifty days, or by both such fine and imprisonment. [Stats. 1901.
p. 822.1

Disposition of money from ffnes.

631b. All fines paid or collected for the violation of any of
the provisions of sections six hundred and twenty-six, six hun-
dred and twenty-six a, six hundred and twenty-six b, six hun-
dred and twenty-six c, six hundred and twenty-six d, six hun-
dred and twenty-six e, six hundred and twenty-six f. six hundred
and twenty-six g, six hundred and twenty-six h, six hundred



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682-634 PENAL ooi>s. 604

and twenty-six i, six luindred 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 in which the conviction shall be had
into the state treasury to the credit of the game preservation
fund, which fund is hereby created, and the moneys in said
fond 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. [Stats. 1901, p. 822.]

Trout; protection of.

632. Every person who, between the first day of November
in any year and the first day of April of the year following,
buys, 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 February and the first day of
April, buys, sells, takes, catches or has in his possession, any
steelhead trout (Salmo gairdneri), or who, between the first
day of November and the first day of April of the year follow-
ing, 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-half pound weight, or takes or catches
any trout except with hook and line, is guilty of a misdemeanor;
provided, however, that steelhead trout (Salmo gairdneri) may
be taken in tide water between the first day of April and the
first clay of February of the following year, with lawful nets,
and a lawful net is a net that when placed in the water is
uuseoured and free to drift with the current, or tide, and the
meshes of which are, when drawn closely together and meas-
ured inside the knot not less than seven and one-half inches in
length. Every person 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, 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
"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 neces-
sary for the purpose of propagation. [Stats. 1901, p. 65.]

Taking, sate, or possession of salmon, when prohibited.

634. Every person who, between the tenth day of September
and the sixteenth day of October of each year, takes or catches,
buys, sells, offers or exposes for sale, or has in his possession
any fresh salmon; every person who. between the fifteenth 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 reine for the purpose of taking or catching salmon, shad, striped
basr, or sturgeon, in any of the waters of the state, at any time
betv;een sunrise of each Saturday and sunset of the following
Suriay; every person who, for the purpose of catching salmon.



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606 VIOLATION OF GAMB LAWS. 635-636-

sbBd, Btriped baesv or sturgeon, in any of the waters of the-
state. fish with or Hse any seine or net, drag-net, or paranzella,
the meshes of whlbh are, when drawn closely together and
measured laside the knot, less than seven and one^half inches
in ]«ngth, to guilty of a misdemeanor, and is punishable by a
fine not less than two hundred dollars, or by imprisonment 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 impris-
onment, and all the fines imposed and collected for any viola-
tions of the provisions of this section shall be paid into the
"fish commission fund/' In the construction 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 Sacra-
mento; in the San Joaquin River, from its mouth to the South-
em 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 Jame^ McGkir-
vey; 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 violation of any of the provisions of this
section that the fish were caught or taken outside or within this
state. [Amendment approved February 25, 1897, p. 20.]

73 Cal. 258: 107 Cal. 281.

Use of explosives and pollution of waters.

635- Every person who places or causes to be placed in any
of the waters of this state, dynamite, gunpowder, or other
explosive compound, for the purpose of killing or taking fish,
or who takes, procures, kills or destroys any fish of any kind
by means of explosives; or who places or allows to pass, or
who places where it can pass, into any of the waters of this
state, any lime. gas> tar, cocculus indicus, slag, sawdust, shav-
ings, slabs, edgings, mill or factory refuse, or any substance
deleterious to fish, is guilty of a misdemeanor, and is punish-
able by a fine of not less than two hundred and fifty dollars, or
by imprisonment in the county jail in the county, not less than
one hundred and fifty days, or by both such fine and imprison-
ment. [Stats. 1901, p. 55.]

107 Cal. 281.

Setting net, trap, etc., for fish.

636. 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,
extending, 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 cast-
ing, 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.



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636a-637 penal <x>dk. 606

set-net, trap, or any other fixed or permanent contriyance for
catching fish In the waters of this state — and every net shall
be considered a set-net that is 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 dol-
lars, or by imprisonment in the county jail in the county in
which the conviction shall be had, not less than fifty dajra, 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."
[Amendment approved March 31, 1897; Stats. 1897, p. 349. In
effect immediately.]

57 Cal. 261: 73 Cal 258; 107 Cal. 281; 114 Cal.
371; 124 Cal. 151.

Nets, seines, etc., prohibited.

636a. Any net, seine, drag-net, paranzella, or set-net used
for taking or catching fish, which shall be used or maintained
in any of the waters of this' state in violation of any existing
or hereafter enacted statutes or laws of this state for the pro-
tection of fish, is hereby declared to be a public nuisance, and
it is the duty of every peace officer to seize and keep the same
and report such seizure to the board of fish commissioners of
the state. Thereupon said board must commence proceedings
in the Superior Court of the county or city and county in which
the same shall be seized, by filing a petition in said court, ask-
ing for a judgment forfeiting such net, seine, drag-net, paran-
zella, or set-net so seized, and ordering the destruction thereof.
Upon the filing of such petition, it is the duty of tJie clerk of
said court to fix a time for the hearing thereof and to cause
notices to be posted for the space of fourteen days in at least
three public places In the town, city, or city and county, where
the court is held, setting forth the substance of such petition
and the time and place fixed for its hearing, and if at the time
fixed for such hearing, no person appears and claims such net,
seine, drag-net, paranzella, or set-net, the court must proceed
to hear and determine said proceeding according to law, and
upon proof that the said net, seine, drag-net, paranzella, or set-
net was used in violation of law, mUst order the same to be
forfeited and destroyed. [Stats. 1901, p. 56.1

Fishways and ladders, penalties for not keeping.

637. Every owner of a dam or other obstruction In any run-
ning water of this state, who, after being ordered and notified
by the fish commissioners to construct a fish ladder on or to
repair a fish ladder already constructed on such dam or other
obstruction according to the plans of the fish commissioners,
fails to construct or repair such fish ladder, within thirty dajrs
after such notice. Is guilty of a misdemeanor, and upon convic-
tion shall pay a fine of not less than fifty dollars nor more than
two hundred, or bv imprisonment in the county jail
in which such conviction is had of not less than twenty-five
days nor more than one hundred days.

2. One-half of all moneys collected as fines for violations of
the provisions of this act shall be paid to the Informer, one-
fourth to the district attorney of the county where the con-
vicion is secured, and the remaining one-fourth shall be paid
to the state board of fish commissioners of this state, to be by



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607 MISCELLANEOUS OFFENSES. 637a-638

them used for the purposes and in conformity of "an act to
authorize the state board of fish commissioners to import game
birds into the state for propagation," approved March sixteenth,
eighteen hundred and eighty-nine. [Amendment approved
March 11, 1891; Stats. 1891, p. 93.]

«2 Oal. 38. ♦

Meadow-larks, protection of.

637a. 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 edu-
cational or scientific purposes, any meadow-lark or any part
of the skin, skins or plumage thereof, or who shall rob the nest
or take or destroy the eggs of any meadow-lark, shall be guilty
of a misdemeanor; provided, that nothing in this section shall
prohibit the killing of a meadow-lark by the owner or tenant
of any premises where such bird is found destroying berries,
fruits, or crops, growing on such premises, f Stats. 1901, p. 573.]



CHAPTER II.
OF OTHER MISCELLANEOUS OFFENSES.

See. 638. Neglect or postponement of telegraphic ineBsnges.

639. Employee using information from message.*!.

640. Clandestinely learning the contents of a telegram.

641. Bribing telegraph operator.

642. Collecting tolls, etc , at San Francisco, without authority.

643. Violations of police regulations of San Francisco harbor.

644. Enticing seamen to desert.

645. Harboring deserting seamen.

646. Aiding apprentices to run away or harboring them.

647. Vagrants.

648. Issuing or circulating paper money.

649. Officers of Are department issuing false certificates.

650. Sending letters threatening to expose another.

651. Requiring apprentices to work more than eight hours.
6.52. National Guard failure to attend parade, obey orders, etc.
ens. Members of National Guard, insubordination of.

65aj. Appraisers •accepting fees not allowed.
654. Abuse of school teachers.

Neglect or postponement of telegraphic messages.

638. Every agent, operator, or employee of any telegraph
office, who wilfully refuses or neglects to send any message
received at such office for transmission, or wilfully postpones
the pame out of its order, or wilfully refuses or neglects to
deliver any message received by telegraph, is guilty of a mis-
demeanor. Nothing herein contained shall be construed to
require any message to be received, transmitted, or delivered,
unless the charges thereon have been paid or tendered, nor to
require the sending, receiving, or delivery of any message coun-
seling, aiding, abetting, or encouraging treason against the gov-
ernment of the United States or of this state, or other resist-
ance to the lawful authority, or any message calculated to
further any fraudulent plan or purpose, or to Instigate or encour-
age the pernetration of any unlawful act, or to facilitate the
escape of any criminal or person accused of crime.



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680-644 PKNAL CODE. 606

Employee using Information from messages.

689. Every agent, operator, or employee of any telegraph
office who in any way uees or appropriates any informatioa
derivetl by bim from any private meesage passing through his
hands, and addressed to any other person, or in any other man-
ner acquired by him by reason of his trust as such agent,
operator, or employee, or trades or speculates upon any such
information so obtained, or in any manner turns, or attempts
to turn, the same to his own account, profit, or advantage, is
punishable by imprisonment in the state prison not exceeding
five years, or by Imprisonment in the county jail not exceeding



Online LibraryCalifornia Charles Howard FairallCriminal law and procedure of California including the penal code of California → online text (page 53 of 77)