the primary and grammar schools of this State; or that any such child between the age of twelve and fourteen years has been given a permit to work by the proper judicial officer in accordance with section two of "An Act regulating the employment and hours of labor of children, prohibiting the employment of minors under certain ages, prohibiting the employment of certain illiterate minors, providing for the enforcement hereof by the Commissioner of the Bureau of Labor Statistics and providing penalties for the violation hereof," approved February 20, 1905; or that no public school is located within two miles, by the nearest traveled road of the residence of the child; or that the child has completed the prescribed grammar school course; then it shall be the duty of such board of education or board of trustees, upon application of the parent or guardian or other person having the control or charge of such child, to excuse such child from attendance at school during the continuance of such defect or condition upon which such excuse is granted; and provided further, that circumstances rendering attendance impracticable or dangerous to health, owing to unusual storm or other sufficient cause, shall work an exemption from the penalties of this Act. If any parent or guardian or other person having control or charge of any such child presents proof to such board of education or board of trustees by affidavit, that he is unable to compel such child to attend school, said parent, guardian or other person shall be exempt from the penalties of this Act as regards the subsequent non-attendance at school of such child, and said child may, in the discretion of such board, be deemed a truant and subject to assignment to the parental school.

CHAPTER CDXXXIV.-An Act to add a title to Part IV of Division First of the Civil Code to be known as Title XIIa, relating to societies for the prevention of cruelty to children and animals.

[Approved March 21, 1905.]

The People of the State of California, represented in Senate and Assembly, do enact as follows:

SECTION 1. A new title is hereby added to Part IV of Division First of the Civil Code, to be numbered Title XIIa, to read as follows:

TITLE XIIa.

SOCIETIES FOR THE PREVENTION OF CRUELTY TO CHILDREN AND ANIMALS.

Sec. 607. Formation of corporations.

Sec. 607a. Power of to receive and dispose of property.

Sec. 607b. Complaints for violating any law relating to children or animals.

Sec. 607c. Magistrates and police officers to aid the corporation and its officers.

Sec. 607d. Pre-existing corporations.

Sec. 607e. Fines, penalties, and forfeitures, and the disposition to be made thereof.

Sec. 607f. Members and agents may be authorized to act as police officers.

Sec. 607g. Children who may be arrested and brought before a court or magistrate for examination.

607.

Corporations may be formed by any number of persons not less than five, a majority of whom must be citizens and residents of this State, under the general provisions of this Code, for the purpose of the prevention of cruelty to children or animals, or both.

607a. Every such corporation may take and hold, by gift, purchase, devise, or bequest, any property, real or personal, and dispose of the same at its pleasure; but it must not hold real property the annual income of which exceeds fifty thousand dollars.

6076. Any such corporation, or any member or officer thereof, may prefer a complaint against any person or persons, before any court or magistrate having jurisdiction, for the violation of any law relating to or affecting children or animals,

and may aid in the prosecution of any such offender before such court or magistrate in any proceeding taken.

607c. All magistrates, constables, sheriffs, and officers of police must, as occasion may require, aid any such corporation, its officers, members, and agents, in the enforcement of all laws which are now or may be hereafter enacted relating to or affecting children or animals.

607d. The provisions of this title extend to all corporations heretofore formed and existing for the prevention of cruelty to children or animals, but do not extend or apply to any association, society, or corporation which uses or specifies a name or style the same, or substantially the same, as that of any previously existing society or corporation in this State organized for a like purpose.

607e. All fines, penalties and forfeitures imposed and collected in any county, or city and county, of this State under the provisions of any law of this State, now or hereafter enacted, relating to or affecting children or animals, in every case where the prosecution was instituted, aided or conducted by any such corporation or society now or hereafter existing, must, except where otherwise provided, inure to such corporation or society in aid of the purposes for which it was incorporated or organized. In addition to said fines, penalties and forfeitures, every society incorporated and organized for the prevention of cruelty to animals may, in each city, or city and county, or county, where such society exists, while actively engaged in enforcing the provisions of the laws of this State, now or hereafter enacted, for the prevention of cruelty to animals, or arresting, or prosecuting offenders thereunder, or preventing cruelty to animals, be paid as compensation therefor from the county, or city and county general fund by the board of supervisors, a sum not exceeding one hundred and fifty dollars per month, in the same manner as other claims against said county, or city and county, are paid.

607f. All members and agents, and all officers of each or any of such corporations or societies, as may by the trustees thereof be duly authorized in writing, approved by a judge of the superior court of the county in which such corporation or society was organized, and sworn in the same manner as are constables or peace officers, have power lawfully to interfere to prevent the perpetration of any act of cruelty upon any child or dumb animal, and may use such force as is necessary to prevent the same, and to that end may summon to their aid any bystander; they inay make arrests for the violation of any penal law relating to or affecting children or animals in the same manner as a constable or other peace officer; and may carry the same or similar weapons that such officers are authorized to carry. All such members and agents must, when making such arrests, exhibit and expose a suitable badge to be adopted by such corporation or society. All persons resisting such specially appointed officers when performing any duty under this section, are guilty of a misdemeanor.

607g. Any child under the age of sixteen years that comes within any if the following descriptions named:

1. Who is found begging or receiving or gathering alms (whether actually begging, or under the pretext of selling or offering for sale anything), or being in any street, road or public place for the purpose of so begging, gathering, or receiving alms;

2. Who is found wandering and not having any home or settled place of abode or proper guardianship, or visible means of subsistence;

3. Who is found destitute, either being an orphan or having a vicious parent who is undergoing penal servitude or imprisonment;

4. Who frequents the company of reputed thieves or prostitutes, or houses of prostitution or assignation, or dance houses, concert saloons, theaters or variety halls, or other places of amusement where spirituous, malt, or vinous liquors are sold, without parent or guardian;

5. Who is engaged or used for or in any business, exhibition, vocation, or purpose, in violation of any law of this State;

-Must be arrested and brought before a court or magistrate, and when, upon examination before such court or magistrate, it appears that any such child has been engaged in any of the aforesaid acts, or comes within any of the aforesaid descrip

tions; or when, upon the examination or conviction of any person having the custody of a child, of a criminal assault upon it, the court or magistrate before whom such examination or conviction is had deems it desirable for the welfare of such child that the person so examined or convicted should be deprived of its custody thereafter, such court or magistrate, when it deems it expedient for the welfare of such child, may commit such child to an orphan asylum, corporation, or society for the prevention of cruelty to children, charitable or other institution, or make such other disposition thereof as now is or hereafter may be provided by law in cases of vagrant, truant, disorderly, pauper or destitute children. Any corporation organized under this title, or now existing, for the prevention of cruelty to children, or any officer or member thereof may institute proceedings under this section for the welfare of any such child.

CHAPTER DLXVIII.—An Act to amend sections two hundred and seventy and two hundred and seventy-two of the Penal Code, and to add new sections thereto to be numbered two hundred and seventy-one a, two hundred and seventy-three, two hundred and seventy-three a, two hundred and seventy-three b, two hundred and seventy-three c, two hundred and seventythree d, and two hundred and seventy-three e, and to repeal section thirteen hundred and eighty-nine thereof, all relating to crimes against children.

[Approved March 22, 1905.]

The People of the State of California, represented in Senate and Assembly, do enact as follows:

SEC. 6. A new section is hereby added to said code to be numbered two hundred and seventy-three b, and to read as follows:

2736. No child under the age of sixteen years must be placed in any prison, or place of confinement, or in any court-room, or in any vehicle for transportation to any place, in company with adults charged with or convicted of crime, except in the presence of a proper official.

CHAPTER CXIII.-An Act directing the Commissioner of the Bureau of Labor Statistics to collect certain statistics and present them in biennial reports, and making it the duty of certain officers to furnish such statistics in compliance with the provisions of this Act.

[Approved March 18, 1905.]

The People of the State of California, represented in Senate and Assembly, do enact as follows:

SECTION 1. The Commissioner of the Bureau of Labor Statistics is hereby directed, in addition to his other duties, to collect and present in his biennial report to the Legislature, statistics relating to marriage, divorce and crime.

SEC. 2. It is hereby declared to be the duty of all officers of each respective county, city, or city and county, in addition to their other duties, whose duty it is to keep a record of marriage, divorce or crime, and they must furnish to the Commissioner of the Bureau of Labor Statistics, upon his request, whatever data it may be necessary for said commissioner to acquire in complying with the provisions of section one of this Act.

SEC. 3. This Act shall take effect and be in force immediately upon its passage and approval.

CHAPTER DVI.-An Act to amend Section 666 of the Penal Code of the State of California, relating to punishment for second offenses.

[Approved March 21, 1905.]

The People of the State of California, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section six hundred and sixty-six of the Penal Code of the State of California is hereby amended to read as follows:

666. Every person who, having been convicted of petit larceny, or of any offense punishable by imprisonment in the State prison, commits any crime after such conviction, is punishable therefor as follows:

1. If the offense of which such person is subsequently convicted is such that, upon a first conviction, an offender would be punishable by imprisonment in the State prison for any term exceeding five years, such person is punishable by imprisonment in the State prison not less than ten years.

2. If the subsequent offense is such that upon a first conviction, the offender would be punishable by imprisonment in the State prison for five years, or any less term, then the person convicted of such subsequent offense is punishable by imprisonment in the State prison not exceeding ten years.

3. If the subsequent conviction is for petit larceny, then the person convicted of such subsequent offense is punishable by imprisonment in the State prison not exceeding five years.