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Sec. 3. Section thirteen hundred and sixty-nine of said Code is amended to read as follows:

1369. No person is competent or entitled to serve as. tent; when. administrator or administratrix who is :

1. Under the age of majority.
2. Not a bona fide resident of the State.
3. Convicted of an infamous crime.

4. Adjudged by the Court incompetent to execute the duties of the trust by reason of drunkenness, improvidence, or want of understanding or integrity.

SEC. 4. Section thirteen hundred and seventy-nine of said Code is amended to read as follows:

1379. Administration may, in the discretion of the Court, grant; when.be granted to one or more competent persons, although not

entitled to the same, at the written request of the person entitled, filed in the Court.

Court may

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CHAP. CLXVII.-An Act to amend section two thousand and

twenty-one of the Code of Civil Procedure, by adding a new subdivision thereto relative to depositions of material witnesses.

[Approved March 9, 1878.]
The People of the State of California, represented in Senate and

Assembly, do enact as follows :
SECTION 1. Section two thousand and twenty-one of the
Code of Civil Procedure is hereby amended so as to read as

follows: Testimony 2021. The testimony of a witness in this State may be in the State; taken by deposition in an action at any time after the serwhen taken. vice of the summons on the appearance of the defendant,

and in a special proceeding after a question of fact has arisen therein, in the following cases:

First—When the witness is a party to the action or proceeding, or an officer or member of a corporation which is a party to the action or proceeding, or a person for whose immediate benefit the action or proceeding is prosecuted or defended.

SecondWhen the witness resides out of the county in which his testimony is to be used.

ThirdWhen the witness is about to leave the county where the action is to be tried, and will probably continue absent when the testimony is required.

Fourth-When the witness, otherwise liable to attend the trial, is nevertheless too infirm to attend.

Fifth-When the testimony is required upon a motion, or in any other case where the oral examination of the witness is not required

Sixth-When the witness is the only one who can establish facts or a fact material to the issue; provided, that the deposition of such witness shall not be used if his presence can be procured at the time of the trial of the cause.

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CHAP. DLXVI.-An Act to amend the Political and Penal

Codes, concerning public printing, and for other purposes, approved April third, cighteen hundred and seventy-six.

[Approved April 1, 1878.] [Amends section ninety-nine of the Penal Code. See Amendments to the Political Code, page 11.]

CHAP. DCXXIII.—[Duplicate of Chap. DLXVI.]

CHAP. DCLXI.--An Act to amend the Penal Code with respect

to the punishment of persons guilty of cheating, under pretense of playing at games of chance.

[Approved April 1, 1878.]
The People of the State of California, represented in Senate and

Assembly, do enact as follows:
SECTION 1. Section three hundred and thirty-two of the
Penal Code of this State is hereby amended so as to read as
follows:

332. Every person who, by fraud, device, cheat, trick, or Winning at any false pretense whatsoever, while playing or pretending play by to play at any game of chance, or while bearing any share means. in a wager or wagers played for, or while betting on sides or bands of such play or pretended play; or who, by means of bunke, string game, three card monte, thimble-rig, top and

fraudulent

.

bottom, or other pretended game of chance, or cheating game, or device, or acquires to himself or another, any sum of money or valuable thing, is guilty of a felony, and on conviction shall be punished accordingly.

Sec. 2. This Act shall take effect and be in force from and after its passage.

Violation of quarantine laws by masters of vessels.

CHAP. CLVIII.- An Act to amend section three hundred and

seventy-six of the Penal Code.

[Approved March 9, 1878.]
The People of the State of California, represented in Senate and

Assembly, do enact as follows:
SECTION 1. Section three hundred and seventy-six of said
Code is amended to read as follows:

376. Every master of a vessel subject to quarantine or visitation by the Quarantine Officer, arriving in the Port of San Francisco, who refuses or omits:

1. To proceed with and anchor his vessel at the place assigned for quarantine at the time of his arrival; or

2. To submit his vessel, cargo, and passengers to the examination of the Quarantine Officer, and to furnish all necessary information to enable that officer to determine to what length of quarantine and other regulations they ought, respectively, to be subject; or

3. To remain with his vessel at the quarantine during the period assigned for her quarantine, and while at quarantine to comply with the regulations prescribed by law, and with such as any of the officers of health, by virtue of authority given them by law, shall prescribe in relation to his vessel, his cargo, himself, his

passengers or crewIs punishable by imprisonment in the County Jail not exceeding one year, or by fine not exceeding two thousand dollars, or both.

SEC. 2. This Act shall take effect from and after its passage.

CHAP. CCXXVIII.-An Act to add a new section to the Penal
Code, in relation to the adulteration of candies.

[Approved March 16, 1878.]
The People of the State of California, represented in Senate and

Assembly, do enact as follows:
SECTION 1. A new section is hereby added to the Penal
Code, to be numbered four hundred and one (401), and to
read as follows:

401 Every person who adulterates candy, by using in its manufacture terra alba, or any other deleterious substance

Adulteration of candies.

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