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or substances, or who sells or keeps for sale any candy or candies adulterated with terra alba or any other deleterious substance or substances, is guilty of a misdemeanor.

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

the peace.

CHAP. CCXCIX.-An Act amending section four hundred and fifteen of the Penal Code, in relation to crimes against the public peace.

[Approved March 20, 1878.]
The People of the State of California, represented in Senate and

Assembly, do enact as follows:
SECTION 1. Section four hundred and fifteen of the Penal
Code of this state is hereby amended so as to read as follows:

415. Every person who maliciously and willfully dis- Disturbing turbs the peace or quiet of any neighborhood or person, by loud or unusual noise, or by tumultuous or offensive conduct, or threatening, traducing, quarreling, challenging to fight, or fighting, or who, on the public streets of any unincorporated town, or upon the public highways in such unincorporated town, run any horse race, either for a wager or for amusement, or fire any gun or pistol in such unincorporated town, or use any vulgar, profane, or indecent language within the presence or hearing of women or children, in a loud and boisterous manner, is guilty of a misdemeanor, and upon conviction by any Court of competent jurisdiction shall be punished by fine not exceeding two hundred dollars, or by imprisonment in the County Jail for not more than ninety days, or by both fine and imprisonment, or either, at the discretion of the Court.

SEC. 2. This Act shall be in force from and after its passage.

CHAP. XVIII.–An Act to amend the Penal Code.

[Approved January 19, 1878.] The People of the State of California, represented in Senate and

Assembly, do enact as follows: SECTION 1. The following is added as a new section to the Penal Code, and must be inserted in said Code after section four hundred and nineteen, and designated as section four hundred and twenty, as follows:

420. Any person who, in the presence or hearing of Inciting twenty-five or more persons, shall utter any language with riots. intent either to incite a riot at the present or in the future, or any act or acts of criminal violence against person or property, or who shall suggest, or advise, or encourage any

act or acts of criminal violence against any person, or persons, or property, or shall advise or encourage forcible resistance to any of the laws of this State, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by imprisonment in the State Prison, or in a County Jail, not exceeding two years, or by fine not exceeding five thousand dollars, or by both.

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

CHAP. DCXVI.-An Act to add another section to the Penal
Code, to be designated as section five hundred and ninety-two.

[Approved April 1, 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 designated as section five hundred and ninety-
two, to read as follows:

592. Every person who shall, without authority of the canals, and owner or managing agent, and with intent to defraud, take

, obstructing water from any canal, ditch, fiume, or reservoir, used for the

purpose of holding or conveying water for manufacturing, agricultural, mining, or domestic uses, or who shall, without like authority, raise, lower, or otherwise disturb any gate or other appurtenance thereof used for the control or measurement of water, or who shall empty or place, or cause to be emptied or placed into any such canal, ditch, flume, or reservoir, any rubbish, filth, or obstruction to the free flow of the water, is guilty of a misdemeanor.

Taking water from

CHAP. CCCCLXVII.-An Act to amend section six hundred

and two of the Penal Code.

[Approved March 30, 1878.]
The People of the State of California, represented in Senate and

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

602. Every person who willfully commits any trespass by either:

1. Cutting down, destroying, or injuring any kind of wood or timber standing or growing upon the lands of another; or

2. Carrying away any kind of wood or timber lying on such lands; or

3. Maliciously injuring or severing from the freehold of

Malicious injuries to freehold.

or

another anything attached thereto, or the produce thereof;

4. Digging, taking, or carrying away from any lot situated within the limits of any incorporated city, without the license of the owner or legal occupant thereof, any earth, soil, or stone; or

5. Digging, taking, or carrying away from any land in any of the cities of the State, laid down on the map or plan of such city, or otherwise recognized or established as a street, alley, avenue, or park, without the license of the proper authorities, any earth, soil, or stone; or

6. Putting up, affixing, fastening, printing, or painting upon any property belonging to the State, or to any city, county, town, or village, or dedicated to the public, or upon any property of any person, without license from the owner, any notice, advertisement, or designation of, or any name for any commodity, whether for sale or otherwise, or any picture, sign, or device intended to call attention thereto; or

7. Entering upon any lands owned by any other person or persons whereon oysters or other shell fish are planted or growing; or injuring, gathering, or carrying away any oysters or other shell fish planted, growing, or being on any such lands, whether covered by water or not, without the license of the owner or legal occupant thereof; or destroying or removing, or causing to be removed or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of any such lands, is guilty of a misdemeanor.

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

CHAP. CCCCLXIV.-An Act to amend Chapter One, Title Fif

teen, of the Penal Code, relating to violations of the laws for the preservation of fish and game.

[Approved March 30, 1878.]
The People of the State of California, represented in Senate and

Assembly, do enact as follows:
SECTION 1. Section six hundred and twenty-six of the
Penal Code is hereby amended so as to read as follows:

626. Every person who, in the Counties of San Bernar- Destruction dino or Los Angeles, between the first day of April of any ducks, etc.; year,

and the first day of August of the same year, or who, when proin any other of the counties of this State, except the Counties of Lassen, Plumas, and Sierra, between the fifteenth day of March and the fifteenth day of September in each year, hunts, pursues, takes, kills, or destroys quail, partridge, or grouse, mallard, wood, or summer duck, red-head, gadwell, or gray duck, or blue-winged teal, is guilty of a misdemeanor. Every person who, in the County of San Joaquin, between the first day of January and the first day of July in each year, hunts, pursues, takes, kills, or destroys doves, is guilty

of grouse,

hibited.

Destruction

hibited.

Taking

of a misdemeanor. Every person who, at any time, takes, gathers, or destroys the eggs of any mallard, wood, or summer duck, red-head, teal, gadwell, or gray duck, or any other species of wild duck, is guilty of a misdemeanor. Every person who shall have any of the aforesaid game in his possession at a time when it is unlawful to kill the same is guilty of a misdemeanor.

SEC. 2. Section six hundred and twenty-eight of said Code is hereby amended so as to read as follows;

628. Every person who, between the first day of Novemof deer, etc.; ber in each year, and the first day of July of the following

year, hunts, pursues, takes, kills, or destroys any male deer or buck, is guilty of a misdemeanor. Every person who shall, for the period of four years from and after the passage of this Act, pursue, hunt, take, kill, or destroy any antelope, elk, or mountain sheep, or female deer or doe, shall be guilty of a misdemeanor. Every person who, after the passage of this Act, shall kill any spotted fawn, shall be guilty of a mis

a demeanor. Every person who, after the passage of this Act, 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 slaying it, or is sold for food, is guilty of a misdemeanor.

SEC. 3. Section six hundred and thirty-three of said Code is hereby amended so as to read as follows:

633. Every person who takes, catches, or kills any speckled prohibited." 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.

SEC. 4. Section six hundred and thirty-four of the Penal

Code is hereby amended so as to read as follows: Taking sal. 634. Every person who, between the first day of August mon; when and the fifteenth day of September 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 shall assist in setting or drawing, any net or seine, for the purpose of taking or catching salmon, in any of the waters of this State, at any time between sunrise of each Saturday and twelve o'clock noon of the following Sunday, is guilty of a misdemeanor. Every person who, between the first day of April and the thirty-first day of December in each year, takes or catches, buys, sells, or has in his possession, any fresh shad, is guilty of a misdemeanor. Nothing in this Chapter shall be so construed as to prohibit any person from catching fish with hook and line, at any time, in the tide waters of this State.

SEC. 5. Section six hundred and thirty-six of said Code is hereby amended so as to read as follows:

636. Every person who shall set, use, or continue, or who shall assist in setting, using, or continuing any pound, weir, set net, trap, or other fixed or permanent contrivance for catching fish in the waters of any of the rivers, creeks, or sloughs of this State, are guilty of a misdemeanor. Every person who shall draw, or who shall assist in drawing, any net or seine for the purpose of taking fish in any of the waters

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of this State, the meshes of which are less than one and onefourth inches in size, is guilty of a misdemeanor; provided, that nets with a mesh_of a smaller size may be used in the catching of shrimps. Every person who shall cast, extend, or Extension set any seine or net of any kind, for the catching of fish, in any limited. 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 any fish so small as to be able to escape through a mesh of one and one-half inches in size, or the young of fish of any species, but which, at the time of capture, are too small to be marketed, 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 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 imprisoned 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 thereof to the District Attorney of the county in which the action is prosecuted; all other costs shall be a charge 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. All nets, seines, fishing Forfeiture tackle, boats, or other implements used in catching or taking of fishing fish in violation of the provisions of this Chapter, shall be forfeited, and may be seized by the peace officer of the county, or assistant, or person acting under the authority of the Fish Commissioners, and may be by them destroyed, or may be sold at public auction by the party making such seizure, upon notice posted in said county for five days. The person making such seizure and sale shall be entitled to retain onehalf of the proceeds of such sale, and the balance shall be paid into the School Fund of the county, in case the seizure and sale is made by a peace officer thereof, or to the Fish Commissioners, if made by a person appointed by them; provided, that all nets having meshes of less than one and a half inches in size, when seized under the provisions of this section, must be destroyed.

SEC. 6. This Act shall take effect and be in force from and after its passage.

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