624. Breaking or obstructing gas or water pipes, etc. SEC. 624. 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. Stats. 1861, 533, secs. 1, 2. 625. Drawing water from works after they have been closed. SEC. 625. 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. Stats. 1861, 533, sec. 3. TITLE XV. MISCELLANEOUS CRIMES. CHAPTER I. VIOLATION OF THE LAWS FOR THE PRESERVATION OF GAME AND FISH..... II. OF OTHER AND MISCELLANEOUS OFFENSES. CHAPTER I. 626 638 VIOLATION OF THE LAWS FOR THE PRESERVATION OF GAME AND FISH. 626. Destruction of quail, grouse, deer, when prohibited. SEC. 626. Every person who, in the state of California, between the first day of March and the first day of October in each year, hunts, pursues, takes, kills, or destroys quail, partridges, or grouse, or rail, is guilty of a misdemeanor. Every person who, in any of the counties of this state, at any time takes, gathers, or destroys the eggs of any quail, partridge, or grouse is guilty of a misdemeanor. Every person, who, in this state, between the first day of January and the first day of June in each year, hunts, pursues, takes, kills, or destroys doves is guilty of a misdemeanor. Every person who, between the first day of November in each year and the first day of July in the following year, hunts, pursues, takes, kills, or destroys any male deer or buck is guilty of a misdemeanor. Any person in the state of California who has in his possession any hides or skins of any deer, elk, antelope, or mountain sheep killed between the first day of November and the first day of July is guilty of a misdemeanor. Every person who shall at any time in the state of California hunt, pursue, take, kill, or destroy any antelope, elk, mountain sheep, female deer, or doe shall be guilty of a misdemeanor. Every person who shall at any time hunt, pursue, take, kill, or destroy any spotted fawn is guilty of a misdemeanor. Every person who shall take, kill, or destroy any of the animals mentioned in this section at any time, unless the carcass of such animal is used or preserved by the person taking or slaying it, or is sold for food, is guilty of a misdemeanor. Every person who shall buy, sell, offer, or expose for sale, transport, or have in his possession, any deer from which evidence of sex has been removed, or any of the aforesaid game at a time when it is unlawful to kill the same, as provided by this and subsequent sections, is guilty of a misdemeanor. [Amendment, approved March 9, 1883; Statute and Amendments 1883, 80; took effect July 1, 1883.] An Act to prevent the capture and destruction of mocking-birds in this state. Killing, injuring, or taking mocking-birds. Fines. 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. SEC. 3. This act shall take effect and be in force from and after its passage. Misdemeanor. An Act to protect sea-gulls in the neighborhood of Santa Monica. 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 for the protection of game in Nevada county. [Approved February 6, 1874; 1873–4, 80.] Elk, deer, and antelope, in Nevada county. SECTION 1. It shall not be lawful for any person or persons to take, kill, or destroy the male or female of any elk, deer, or antelope, in the county of Nevada, between the first day of February and the first day of August in each year. SEC. 2. All acts and parts of acts, so far as the same may conflict with the provisions of this act, are hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. 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 deer at Mount 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. 627, 628, 629. Game laws. The sections being included in the amend repealed by the same act adopting those amendments of 1883 to sections 626, 631, 632 were ments. 630. Use of phosphorus on land in certain counties prohibited. SEC. 630. Every person who, in the counties of Santa Clara, Contra Costa, San Joaquin, Santa Cruz, or San Mateo, uses or distributes phosphorus upon any land or ground, between the first day of March and the first day of November in any year, is guilty of a misdemeanor. Stats. 1863, 185, secs. 1-3. 631. Trapping quail, partridges, and grouse. SEO. 631. Every person who shall at any time net, pound, wear, cage, or trap any quail, partridge, or grouse, and every person who shall sell, buy, transport, or give away, or offer or expose for sale, or have in his possession, any quail, partridge, or grouse that have been snared, captured, or taken in or by means of any net, pound, wear, cage, or trap, is guilty of a misdemeanor. Proof of possession of any quail, partridge, or grouse which shall not show evidence of having been taken by means other than a net, pound, wear, cage, or trap shall be prima facie evidence in any prosecution for a violation of the provisions of this section, that the person in whose possession such quail, partridge, or grouse is found, took, killed, or destroyed the same by means of a net, pound, wear, cage, or trap. [Amendment, approved March 9, 1883; Statutes and Amendments 1883, 81; took effect July 1, 1883.] 632. Catching trout other than with hook and line. SEC. 632. Every person who, in the state of California, at any time, takes or catches any trout, except with hook and line, is guilty of a misdemeanor. Any person or persons who shall, at any time, take, procure, or destroy any fish of any kind by means of explosives is guilty of a misdemeanor. [Amendment, approved March 9, 1883; Statutes and Amendments 1883, 81; took effect July 1, 1883.] 633. Taking trout, when prohibited. SEC. 633. Every person who takes, catches, or kills any speckled trout, brook or salmon trout, or any variety of trout, between the first day of November and the first day of April in the following year, is guilty of a misdemeanor. [Amendment, approved March 30, 1878; Amendments 1877–8, 120; took effect from passage.] 634. Salmon and shad catching restricted. SEC. 634. Every person who, between the thirty-first day of August and the first day of October of each year, takes or catches, buys, sells, or has in his possession, any fresh salmon, is guilty of a misdemeanor. 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 or shad in any of the public waters of this state, at any time between sunrise of each Saturday and sunset of the following Sunday, is guilty of a misdemeanor. Every person who shall, for the purpose of catching shad or salmon, in any public waters of this state, fish with, or use any seine or net, the meshes, when drawn closely together and measured, inside the knot, less than seven and one half inches in length, is guilty of a misdemeanor, and upon conviction shall be fined not less than one hundred dollars, or in default, not less than one hundred days in the county jail. One half of all moneys collected for fines for violation of the provisions of this chapter shall be paid to the informer, one quarter to the district attorney of the county in which the action is tried, and one quarter shall be paid into the fish-commission fund; all other costs shall be charged and collected from the county in which the action is prosecuted. Nothing in this chapter shall prohibit the United States fish commissioners, or the fish commissioners of this state, from taking such fish as they deem necessary for the purpose of artificial hatching at all times. [Amendment, approved March 12, 1885; Statutes and Amendments 1885, 99.] 635. Use of poisonous, deleterious, and explosive substances prohibited. SEC. 635. Every person who places or allows to pass into any of the waters of this state any lime, gas, tar, cocculus indicus, or any other substance deleterious to fish, is guilty of a misdemeanor. And every person who uses any poisonous or explosive substances for the purpose of taking or destroying fish is guilty of a misdemeanor; provided, that sawdust shall not be deemed a deleterious substance. Any person who shall catch, take, or carry away any trout, or other fish, from any stream, pond, or reservoir belonging to any person or corporation, without the consent of the owner thereof, which stream, pond, or reservoir, has been stocked with fish by hatching therein eggs or spawn, or by placing the same therein, is guilty of a misdemeanor. [Amendment, approved April 1, 1876; Amendments 1875-6, 114; took effect from passage.] 636. Fish-ponds, set-nets, stake-nets, permanent traps, etc., prohibited. SEC. 636. Every person who shall set, use, or continue, or who shall assist in setting, using, or continuing any pound, wear, set-net, trap, or any other fixed or permanent contrivance for catching fish in the waters of this state, is guilty of a misdemeanor. Every person who shall cast, extend, or set any seine or net of any kind for the catching of fish in any river, stream, or slough of this state, which shall extend more than one third across the width of said river, stream, or slough at the time and place of such fishing, is guilty of a misdemeanor. Every person who, by seine or any other means, shall catch the young of fish of any species, and who shall not return the same to the water immediately and alive, or who shall sell or offer for sale any such fish, fresh or dried, is guilty of a misdemeanor. Every person convicted of a violation of any of the provisions of this chapter shall be punished by fine of not less than fifty dollars and not more than three hundred dollars, or imprisonment in the county jail of the county where the offense was committed for not less than thirty days nor more than six months, or by both such fine and imprisonment. One half of all moneys collected for fines for violation of the provisions of this chapter shall be paid to informers and one half to the district attorney of the county in which the action is prosecuted; all other costs shall be charged against the county in which the action is prosecuted. Nothing in this chapter shall be construed to prohibit the United States fish commissioners or the fish commissioners of the state of California from taking such fish as they shall deem necessary for the purpose of artificial hatching, nor at any time. It shall not be lawful for any person to buy or sell, or offer or expose for sale within this state, any kind of trout (except brook-trout) less than eight inches in length. Any person violating the provisions of this section is guilty of a misdemeanor. [Amendment, approved March 9, 1883; Statutes and Amendments 1883, 82; took effect July 1, 1883.] cial proceeding for its condemnation, and without notice to the owner, was declared unconstitutional and void: Hey Sing Yeck v. Ander son, 57 Cal. 251. Former section unconstitutional. So much of the section as formerly authorized the arbitrary seizure and destruction or sale of the property of the offender, without judiAn Act to prevent the catching of fish by seines, nets, or wears, in the San Antonio creek in the county of Alameda. Use of seines and nets unlawful. [Approved March 20, 1876; 1875-6, 362.] 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 wears. 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 imprisonment 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. 637. Fish-ways and ladders, penalties for not keeping. SEC. 637. Every owner of a dam or other obstruction in the waters of this state, who, after being requested by the fish commissioners so to do, fails to construct and keep in repair sufficient fish-ways and ladders on such dam or obstruction, is guilty of a misdemeanor. "Stats. 1870, 664, sec. 3. The game laws of this state, and indeed the game laws of all the states, are entirely unlike the English game laws, which had their foundation in the idea, odious to republicans, of restricting the right of taking game to certain privileged classes, generally landholders. Under the English statute of 1831, the law was so modified as to enable any one to obtain a certificate or license to kill game on the payment of a fee. The sole object of our game laws is the protection of animals and birds from unreasonable and indiscriminate havoc, leaving all persons free to take or kill game, under certain restrictions as to the means of capture, and seasons of the year consistent with propagation. Section 4046, subdivision 23, of the Political Code, authorizes the board of supervisors to establish and enforce game laws for their respective counties; which removes from the legislature this class of legislation and places it where it properly belongs, and where it may be successfully exercised:" Commissioners' note. Conviction under this section and insufficient petition for certiorari to the justices' court: Taylor v. Hughes, 62 Cal. 38. An Act to prohibit the destruction of fish in Alameda county. Catching fish in Lake Chabot. 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 watercourses of said county, between the first day of October of each year and the first day of April of the following year. 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 river. [Approved March 28, 1878; 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 river 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 prevention of the passage of fish from the river into the flumes or ditches. Any person taking water from Kings river 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; 1877-8, 746.] Catching fish, except by hook and line, in Lake Bigler. SECTION 1. It shall not be lawful for any person or persons 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 stupefying 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 misdemeanor, and upon conviction thereof before any justice of the peace, in Placer county, El Dorado county, or Nevada county, shall be punished by a fine of not less than one hundred dollars nor more than five hundred, or by imprisonment in the county jail not less than thirty days nor more than four months, or by both such fine and imprisonment, 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, whichever the informer may notify as within the district attorney's jurisdiction, shall prosecute such suits, and upon conviction 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. An Act for the protection of certain kinds of fish. [Approved April 16, 1880; 1880, 106 (Ban. ed. 345).] Catching of catfish except by hook and line. SECTION 1. From and after the passage of this act, and until the first day of July, A. D. eighteen hundred and eighty-two, it shall be unlawful for any person to catch any catfish in any of the public waters of this state except by means of a hook and line. Misdemeanor. SEC. 2. Any person violating any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction shall be punished as follows: For the first offense, by a fine of not less than fifty dollars, or imprisonment in the county jail for not less than fifty days, or both such fine and imprisonment; for the second and each subsequent offense, by a fine of not less than two hundred and fifty dollars, or by imprisonment in county jail for a period of not less than two hundred and fifty days, or both such fine and imprisonment. Information leading to conviction. SEC. 3. Any person giving information which leads to the conviction of any person or persons for violating the provisions of this act shall, upon the conviction of such person or persons, be entitled to receive one half of the fine imposed upon such person or persons. SEC. 4. This act shall be in force and take effect from and after its passage. |