or constructed a gasoline launch of light draft suitable to patrol the waters of this State. SEC. 2. Said launch when purchased or constructed shall be under the exclusive control of the said Board of Fish Commissioners, and shall be used by them in carrying out the purposes of said board. SEC. 3. The claims for purchasing or constructing said launch shall be presented to and allowed by the State Board of Examiners. tions for same. SEC. 4. The total cost of said launch shall not exceed the Appropriasum of two thousand six hundred dollars, of which sum one thousand one hundred dollars is now on hand, resulting from the sale of steam launch "Governor Stoneman," and said Board of Fish Commissioners are hereby authorized and empowered to use said sum of one thousand one hundred dollars in the purchase or construction of said gasoline launch. SEC. 5. The sum of one thousand five hundred dollars is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, in addition to said sum of one thousand one hundred dollars, for the purpose of purchasing or constructing said launch, and the Controller of State is hereby authorized to draw his warrant in favor of said Board of Fish Commissioners for said sum of one thousand five hundred dollars, in addition to the sum of one thousand one hundred dollars already on hand, and the Treasurer of State is hereby directed and authorized to pay the same. SEC. 6. All Acts or parts of Acts in conflict with this Act are hereby repealed. SEC. 7. This Act shall take effect immediately. CHAPTER CCXXX. An Act to repeal sections six hundred and twenty-eight a, six hundred and thirty, six hundred and thirty-two a, six hundred and thirty-two b, six hundred and thirty-three, and to amend sections six hundred and twenty-eight, six hundred and thirtyfive, and six hundred and thirty-six of the Penal Code of the State of California, relating to fish. [Approved March 31, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section six hundred and twenty-eight of the Penal Code is hereby amended to read as follows: striped 628. Every person who takes or catches, buys, sells, or has close in his possession, any striped bass of less than three pounds in season for weight; every person who, at any time, takes, catches, or kills bass. any black bass, except with hook and line; every person who Black bass. takes, catches, or kills, or buys, sells, exposes or offers for sale, or has in his possession, any black bass, between the first day of crawfish. Crab. Young fish. Lobster or January and the first day of July of each year; every person who takes, catches, or kills, or buys, sells, exposes or offers for sale, or has in his possession, any lobster or crawfish, between the fifteenth day of May and the fifteenth day of July of each year; every person who, at any time, buys, sells, exposes or offers for sale, or has in his possession any lobster or crawfish of less than nine and one half inches in length, measured from one extremity to the other, exclusive of legs, claws, or feelers; every person who, at any time, buys, sells, exposes or offers for sale, or has in his possession any female crab; every person who, at Sturgeon. any time, buys, sells, exposes or offers for sale, or has in his possession any sturgeon of less than three feet in length; every person who takes, catches, or kills, or buys, sells, offers or exposes to sell, or has in his possession any fresh sturgeon, between the first day of April and the first day of September of each year; every person who by seine or other means shall catch the young fish of any species, and who shall not return the same to the water immediately and alive, or who buys, sells, offers or exposes for sale, or has in his possession any such fish, fresh or dried; every person who catches, takes, or carries away any fish from any pond or reservoir belonging to or controlled by the State Board of Fish Commissioners, or any person or corporation, without the consent of the owner thereof, which pond or reservoir has been stocked with fish; Hatchery every person who shall at any time, except with hook and line, take or catch fish of any kind from any river or stream upon which a State or United States fish hatchery is in operation, is guilty of a misdemeanor, and is punishable by a fine not less than twenty dollars nor more than five hundred dollars, or by imprisonment in the county jail in the county in which conviction shall be had, not less than ten days nor more than one hundred and fifty days, or by both such fine and imprisonment. All the fines imposed and collected for any violation of any of the provisions of this section shall be paid into the "Fish Commission fund." Nothing in this section shall prohibit the United States Fish Commission and the Fish Commission of this State from taking, at all times, such fish as they deem necessary for the purpose of artificial hatching. It shall be no defense in a prosecution for a violation of any of the provisions of this section that the fish were caught or taken outside or within this State. SEC. 2. Section 628a. Section six hundred and twentyeight a of the Penal Code is hereby repealed. Private ponds. stream. Penalty. Repealed. SEC. 3. Section 630. Section six hundred and thirty of the said Code is hereby repealed. SEC. 4. Section 632a. of the said Code is hereby SEC. 5. Section 6326. Section six hundred and thirty-two a repealed. Section six hundred and thirty-two b of the said Code is hereby repealed. SEC. 6. Section 633. Section six hundred and thirty-three of the said Code is hereby repealed. SEC. 7. Section 635. Section six hundred and thirty-five of the said Code is hereby amended to read as follows: and mill 635. Every person who shall place or cause to be placed Explosives in any of the waters of this State, dynamite, gunpowder, or refuse, etc. other explosive compound, for the purpose of killing or taking fish, or who shall at any time take, procure, kill, or destroy any fish of any kind by means of explosives; every person who places or allows to pass, or who places where it can pass, into any of the waters of this State, any lime, gas, tar, cocculus indicus, sawdust, shavings, slabs, edgings, mill or factory refuse, or any substance deleterious to fish, is guilty of a mis- Penalty. demeanor, and is punishable by a fine of not less than two hundred and fifty dollars, or imprisonment in the county jail in the county in which conviction shall be had, not less than one hundred and fifty days, or by both such fine and imprison ment. SEC. 8. Section 636. Section six hundred and thirty-six of the said Code is hereby amended to read as follows: 636. Every person who shall cast, extend, or set any seine seines and or net of any kind, for the catching of any fish in any river, nets. 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; every person who shall cast, extend, set, use, or continue, or who shall assist in casting, extending, using, or continuing "Chinese shrimp or bag net," or a net of similar character, for the catching of fish in the waters of this State; every person who shall cast, extend, set, use, or continue, or have in his possession, or who shall assist in casting, extending, or using "Chinese sturgeon lines," or lines of a similar character; every person who shall set, use, or continue, or shall assist in setting, using, or continuing any pound, weir, set-net, trap, or any other fixed or permanent contrivance for catching fish in the waters of this State-and every net shall be considered a set-net that is secured in any way and not free to drift with the current or tide-is guilty of a Penalty. misdemeanor, and is punishable by a fine of not less than one hundred dollars, or by imprisonment in the county jail in the county in which the conviction shall be had, not less than fifty days, or by both such fine and imprisonment; and all the fines imposed and collected for any violation of any of the provisions of this section shall be paid into the "Fish Commissioners' fund." SEC. 9. All Acts and parts of Acts in conflict with the provisions of this Act are hereby repealed. SEC. 10. This Act shall take effect from and after its passage. Appropria support of CHAPTER CCXXXI. An Act making an appropriation to pay for the support of the Southern California State Asylum for the Insane and Inebriates for the remainder of the forty-eighth fiscal year. [Approved March 31, 1897.] The People of the State of California, represented in Senate and SECTION 1. There is hereby appropriated out of any money tion for in the state treasury not otherwise appropriated, the sum of Southern twenty thousand dollars, for the support of the Southern California State Asylum for Insane and Inebriates for the remainder of the forty-eighth fiscal year. California SEC. 2. The Controller is hereby authorized to draw his warrant in favor of the board of trustees of the Southern California State Asylum for the Insane and Inebriates for the amount herein made payable, and the Treasurer is directed to pay the same. SEC. 3. This Act shall take effect immediately. Appropria services of addi tional CHAPTER CCXXXII. An Act making an appropriation to pay for services of additional counsel to assist the Attorney-General in the defense of the suit of the Southern Pacific Company against the Board of Railroad Commissioners. [Approved March 31, 1897.] The People of the State of California, represented in Senate and SECTION 1. The sum of twenty thousand dollars is hereby foto per appropriated out of any money in the state treasury not otherwise appropriated, for full payment for services rendered by additional counsel to assist the Attorney-General in the defense of the suit of the Southern Pacific Company against the Board Company of Railroad Commissioners, in the Circuit Court of the United States for the Northern District of California. counsel, Southern case. SEC. 2. The amount herein appropriated shall be paid as follows: To W. W. Foote, in full for all of his services rendered in said suit, ten thousand dollars; to Robert Y. Hayne, in full for all of his services rendered in said suit, ten thousand dollars. SEC. 3. The Controller is authorized to draw his warrant for the sum herein appropriated, and the Treasurer of the State is directed to pay the same. SEC. 4. This Act shall take effect immediately. CHAPTER CCXXXIII. An Act to pay the claim of Paris Kilburn, J. B. Fuller, and H. W. Magee, Bank Commissioners of the State of California, and making an appropriation therefor. [Approved March 31, 1897.] The People of the State of California, represented in Senate and tion to pay SECTION 1. There is hereby appropriated out of the "Bank AppropriaCommissioners' fund" the sum of nine hundred and fifty-seven claim of dollars and thirty cents, to pay the claim of Paris Kilburn, Bank ComJ. B. Fuller, and H. W. Magee, Bank Commissioners of the State of California. SEC. 2. The Controller of State is hereby authorized and directed to draw his warrant against the "Bank Commissioners' fund" in favor of Paris Kilburn, J. B. Fuller, and H. W. Magee, Bank Commissioners of the State of California, for the said sum of nine hundred and fifty-seven dollars and thirty cents, and the State Treasurer is directed to pay the same. SEC. 3. This Act is exempted from the operation of section. number six hundred and seventy-two of the Political Code. SEC. 4. This Act shall take effect and be in force from and after its passage. missioners. CHAPTER CCXXXIV. An Act appropriating eighty-one dollars and ten cents to pay the claim of J. S. Bransford, for services rendered the State of California as Sheriff of Plumas County. [Approved March 31, 1897.] The People of the State of California, represented in Senate and Appropriaclaim of SECTION 1. The sum of eighty-one dollars and ten cents ($81.10) is hereby appropriated out of any money in the state tion to pay treasury not otherwise appropriated, to pay the claim of J. S. J. S. BransBransford, for services rendered as the Sheriff of Plumas County in transporting a child from Quincy, in the County of Plumas, to the California Home for the Feeble-Minded. SEC. 2. The Controller of the State is hereby directed to draw his warrant for the sum of eighty-one dollars and ten cents in favor of J. S. Bransford, and the Treasurer is hereby directed to pay the same. SEC. 3. This Act shall take effect immediately. ford. |