CHAP. CCCCVIII.-An Act amendatory of and supplemental to an Act concerning Crimes and Punishments, passed April sixteenth, one thousand eight hundred and fifty, and the several Acts amendatory thereof and supplemental thereto. [Approved April 27, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section eighty-four of said Act is amended so as to read as follows: defined. Section 84. If any person or persons shall, directly or indi- Bribery rectly, give any sum or sums of money, or any other bribe, present, or reward, or any promise, contract, obligation, or security, for the payment or delivery of any money, present, reward, or any other thing, to corruptly obtain or procure the opinion, judgment, or decree of any Judge or Justice of the Peace acting within this State; or to corruptly induce or influence any such Judge or Justice of the Peace to be more favorable to one side than to the other in any suit, action, proceeding, matter, or cause, depending or to be brought before any such Judge or Justice of the Peace; or shall, directly or indirectly, give any sum or sums of money, present, or reward, or any promise, contract, obligation, or security, for the payment or delivery of any money, present, or reward, or any other thing, to corruptly obtain, procure, or influence, any member or officer of the Legislature, or to corruptly incline, induce, or influence, any such member or officer of the Legislature, to be more favorable to one side than to the other on any question, election, matter, or thing, pending or to be brought before the Legislature or either House thereof; or shall, directly or indirectly, give any sum or sums of money, present, or reward, or any promise, contract, obligation, or security, for the payment or delivery of any money, present, or reward, or other thing, to corruptly obtain, procure, or influence, any member or officer of any legislative caucus, political convention, committee, primary election, or political gathering of any kind, held for the purpose of nominating any candidate or candidates for any office or offices of honor, trust, or profit, in this State, or of any Common Council, Board of Supervisors, or Board of Trustees, of any city or corporation, or to corruptly incline, induce, or influence, any member or officer of any such caucus, convention, committee, Common Council, Board of Supervisors, or Board of Trustees, to be more favorable to one candidate than to another candidate before or to be brought before such caucus, convention, committee, Common Council, Board of Supervisors, or Board of Trustees; or shall, directly or indirectly, give any sum or sums of money, present, or reward, or any promise, contract, obligation, or security, for the payment or delivery of any money, present, or reward, or other thing, to corruptly obtain, procure, induce, or influence, any member or officer of any Common Council of any city, or any member or officer of any Board of Supervisors of any county, or Board of Trustees of any city or corporation, to be more favorable to one side than Bribery defined. Penalty for offering or receiving a bribe. Bribery in procuring absence of witness defined. to the other of any question, matter, or thing, pending or to be brought before such Common Council, Board of Supervisors, or Board of Trustees, the person or persons so giving any money, bribe, present, or reward, promise, contract, obligation, or security, with intent and for the purpose aforesaid, and the Judge, Justice of the Peace, member or officer of the Legislature, caucus, convention, committee, Common Council, Board of Supervisors, or any Board of Trustees of any city or corporation, who shall accept or receive the same, shall be deemed guilty of bribery, and on conviction thereof shall be punished by imprisonment in the State Prison for a term not less than one year and not more than fourteen, and shall be disqualified from holding any office of honor, trust, or profit, in this State. SEC. 2. Section eighty-six of said Act is amended so as to read as follows: Section 86. Every person who shall propose, offer, or attempt to bribe any Judge, Justice of the Peace, any member or officer of the Legislature, any member or officer of any legislative caucus, political convention, committee, Common Council, Board of Supervisors, or any Board of Trustees of any city or corporation, any Sheriff, Coroner, Clerk, Constable, Jailor, AttorneyGeneral, District or City Attorney, or other judicial or ministerial officer, in any of the cases mentioned in either of the two preceding sections; and every Judge, Justice of the Peace, member or officer of the Legislature, member or officer of any legis lative caucus, political convention, committee, Common Council, Board of Supervisors, or any Board of Trustees of any city or corporation, Sheriff, Coroner, Clerk, Constable, Jailor, AttorneyGeneral, District or City Attorney, or other judicial or ministerial officer, who shall propose, offer, or agree to receive a bribe in any of the cases mentioned in either of the two preceding sections, shall, on conviction thereof, be fined in a sum not exceeding five thousand dollars, or imprisoned in the State Prison for a term not to exceed fourteen years, or be punished by both such fine and imprisonment, and shall be disqualified from holding any office of honor, trust, or profit, in this State. SEC. 3. Every person who shall, directly or indirectly, give, or offer to give, any sum or sums of money, or other bribe, present, or reward, or any promise, contract, obligation, or security, for the payment or delivery of any money, present, reward, or other thing, to obtain or procure the absence of any person who is or may become a witness, from the trial of any issue in any action or proceeding pending in any Court of Justice in this State, or before any Court Commissioner or Referee appointed by such Court; and every person who shall, directly or indirectly, by act or threat, or any other means, wilfully hinder or prevent any person who is or may become a witness, from attending the trial of any issue in any action or proceeding pending in any Court of Justice in this State, or before any Referee appointed by such Court; and every person who is or may become a witness in the trial of any issue in any action or proceeding pending in any Court of Justice in this State, or before any Referee appointed by such Court, who shall wilfully absent himself, or agree or offer to absent himself, from such trial in consideration of any money, or other bribe, or present, or reward, or any promise, contract, obligation, or security for the payment or delivery of any money, or other bribe, present, reward, or other thing, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine not exceeding five thousand dollars, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprison ment. CHAP. CCCCIX.-An Act to provide for the Inspection and Sealing of Gas Meters, and for the Protection of Consumers of Illuminating Gas. [Approved April 27, 1863.] The People of the State of California, represented in Senate and Assembly, do enact as follows: Inspector. SECTION 1. The Governor of this State shall appoint an Governor to Inspector of Gas Meters, who shall reside in the City of San appoint Francisco, and whose duty it shall be, when required, to inspect, examine, prove, and ascertain the accuracy of any and all gas meters, used or intended to be used for measuring or ascertaining the quantity of illuminating gas furnished by any gas light company in this State, to or for the use of any person or persons, and when found to be or made correct, to scal, stamp, or mark all such meters, and each of them, with some suitable device; and such device shall be recorded in the office of the Secretary of State. office. SEC. 2. Such Inspector shall hold his office for the term of Term of four years from the time of his appointment, and until his successor shall be appointed, but may be sooner removed as hereinafter provided. He shall receive for each meter inspected by him two dollars and fifty cents, to be paid, if the meter shall be proved to register correctly, by the consumer; if otherwise, then by the gas company furnishing the gas. Such Inspector may appoint a Deputy, and such Deputy shall have all the authority and powers conferred by this Act upon the Inspector. Any and every violation of the provisions contained in this Act, so far as they relate to the duties of the office of Inspector, by either the Inspector or his Deputy, shall be considered a misdemeanor, and the officer so offending shall, upon conviction, be fined in a sum not less than fifty dollars nor more than five hundred dollars. The Governor, upon receiving a certified copy of the record of conviction of the Inspector, shall immediately remove such Inspector from office, and such Inspector shall not be re-appointed. meters are lawful. SEC. 3. It shall not be lawful for any corporation, company, what gas or person, at any time after this Act shall take effect, to furnish and put in use any gas meter which shall not have been inspected, proved, and sealed by said Inspector, except during such time as said office of Inspector shall be vacant, and except the meters in use when this Act takes effect, and which may be removed for examination and repairs. Inspector to SEC. 4. Suitable and proper apparatus shall be provided by test meters. the said Inspector of Meters for testing and proving the accuracy of gas meters, by which apparatus every meter may and shall be tested, on the written request of the consumer to whom the same shall be furnished, and in his presence, if he desire it. If any such meter, on being so tested, shall be found defective or incorrect, to the prejudice or injury of the consumer, the necessary removal, inspection, correction, and replacing of such meter shall be without expense to the consumer, but in all other cases he shall pay the reasonable expenses, not to exceed the sum of two dollars and fifty cents, of such removal, inspection, and replacing; and in case any consumer shall not be satisfied with such inspection of the meter furnished him, and shall give the company written notice to that effect, he may have such meter re-inspected by the State Inspector, (if he require it,) upon the same terms and conditions as above provided for the original inspection thereof. Gas to be supplied notwithstanding arrears SEC. 5. Upon the application, in writing, of the owner or occupant of any building or premises within one hundred feet of any main laid down by any gas light company, and payment occupants of by him of all money due from him to the company, the com of former building. Officers of company meters. pany shall supply gas as may be required for lighting such building or premises, notwithstanding there may be rent or compensation in arrears for gas supplied, or for meter, pipes, or fittings furnished to a former occupant thereof, unless such owner or occupant shall have undertaken or agreed with the former occupant to pay or to exonerate him from the payment of such arrears, and shall refuse or neglect to pay the same; and if, for the space of ten days after such application, and the deposit of a reasonable sum, as in this Act provided, (if required,) the company shall refuse or neglect to supply gas as required, the company shall forfeit and pay to such applicant the sum of fifty dollars, and the further sum of five dollars for every day thereafter during which such refusal or neglect shall continue; provided, that no such company shall be required to lay service pipe for the purpose of supplying gas to any applicant where serious obstacles exist to laying the same, unless the applicant, if required, shall deposit in advance with the company a sum of money sufficient to pay the cost of his portion of the pipe required to be laid, and the expense of laying such portion. SEC. 6. Any officer or other Agent of any such gas light commay inspect pany, for that purpose duly appointed and authorized by the company, may, at all reasonable times, upon exhibiting a writ ten authority, signed by the President or Secretary of the company, enter any dwelling, store, or building, lighted with gas supplied by such company, for the purpose of inspecting and examining the meters for regulating the supply of gas, and of ascertaining the quantity of gas supplied or consumed; and if any person shall at any time, directly or indirectly, prevent or hinder any such officer or Agent from so entering any such premises, or from making such inspection or examination at any reasonable time, he shall, for every such offence, forfeit and pay to the company the sum of fifty dollars. SEC. 7. If any person or persons, supplied with gas by any such gas light company, shall neglect or refuse to pay the rent to pay, gas shut off. or remuneration due for the same, or for the meter, pipes, or when perfittings, let by the company for supplying or using such gas, or sons neglect for ascertaining the quantity consumed, as required by his may be or their contract with the company, or shall refuse or neglect, after being required so to do, and thereby authorized to be required, such company may prevent and stop the gas from entering the premises of such person or persons; and in all cases in which such gas light company is or shall be authorized to cut off, prevent, or stop the supply of gas from any premises, their officers, Agents, and workmen may enter into or upon any such premises, between the hours of eight o'clock in the forenoon, and six o'clock in the afternoon, and separate, take, and carry away any such meter, pipe, fittings, or other works, the property of the company, from the mains or pipes of the company. meters, ete. SEC. 8. Every person who shall wilfully or fraudulently Penalty for injure or suffer to be injured any meter, pipe, and fittings be- injuring longing to any such gas light company, or prevent any meter from duly registering the quantity of gas supplied through the same, or shall alter the index of any such meter, or in any way hinder or interfere with its proper action or just registration, or shall fraudulently burn the gas of said company, or waste the same, shall, for every offence, forfeit and pay to such company the sum of fifty dollars, and in addition thereto, shall pay to said company the amount of damage by them sustained by reason of such injury, prevention, waste, consumption, or hindrance. SEC. 9. Every person who shall lay or place, or cause to be Penalty for laid or placed, any pipe to communicate with any main or pipe wing gas belonging to any such gas light company, or shall otherwise consent of burn or use or cause to be burned or used any gas supplied or company. manufactured by said company, without having the same passed through the meter furnished for measuring or ascertaining the quantity of gas supplied to and consumed by such person, shall forfeit and pay to said company the sum of one hundred dollars, and in addition thereto, shall also pay to said company the amount of damage by them sustained in consequence or by reason of such forbidden act. SEC. 10. This Act shall take effect immediately. CHAP. CCCCX.-An Act to provide for a Railroad through certain The People of the State of California, represented in Senate and SECTION 1. The right is hereby granted to F. A. Hassey, Franchise. |