prohibited, except such as are tamed or kept for show or curiosity, is guilty of a misdemeanor. 630. Every person who, in the counties of Santa Clara, Contra Costa, San Joaquin, Santa Cruz, or San Mateo, uses or distributes phosphorus upon any land or ground, between the first day of March and the first day of November, in any year, is guilty of a misdemeanor. 631. Any person or persons who shall at any time net, pound, weir, cage, or trap any quail, partridge, or grouse, and any person or persons who shall sell or give away, or shall have in his or her possession any quail, partridge, or grouse that have been snared, captured, or taken in or by means of any net, pound, weir, cage, or trap, is guilty of a misdemeanor. [In effect March 7th, 1881.] 632. Every person who, in the counties of Santa Clara, Alpine, Santa Cruz, Lake, San Mateo, Monterey, Sonoma, Tuolumne, Alameda, Marin, Placer, Nevada, Plumas, Sierra, San Luis Obispo, Solano, Mariposa, Mendocino, or Napa, at any time, takes or catches any trout, except with hook and line, is guilty of a misdemeanor. [In effect March 31st, 1876.] 633. Every person who takes, catches, or kills any speckled 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. [In effect March 30th, 1878.] 634. Every person who, between the thirty-first day of July and the first 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 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 per son who, between the first day of April and the thirty-first day of December in each year, takes or catches, buys or sells, or has in his possession any fresh shad, is guilty of a misdemeanor. Nothing in this section shall be so construed as to prohibit any person from catching fish with hook and line, at any time, in the tide-waters of the State. [Approved March 2nd, 1881.] 635. Every person who places, or allows to pass into any of the waters of this State, any lime, gas, tar, cocculus indicus, or any other substance deleterious to fish, is guilty of a misdemeanor. And every person who uses any poisonous or explosive substances for the purpose of taking or destroying fish, is guilty of a misdemeanor; provided, that sawdust shall not be deemed a deleterious substance. Any person who shall catch, take, or carry away any trout, or other fish, from any stream, pond, or reservoir, belonging to any person or corporation, without the consent of the owner thereof, which stream, pond, or reservoir has been stocked with fish by hatching therein eggs or spawn, or by placing the same therein, is guilty of a misdemeanor. [In effect April 1st, 1876.] 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 this State, is guilty of a misdemeanor. Every person who shall cast, extend, or set any seine or net of any kind, for the catching of fish in any 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 the young of fish of any species, 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 a 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 imprisonment 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 charged 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 tackle, boats, or other implements used in catching or taking 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 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 such county for five days. The person making such seizure and sale shall be entitled to retain one-half 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. [Approved March 2nd, 1881.] 637. Every owner of a dam or other obstruction in the waters of this State, who, after being requested by the fish commissioners so to do, fails to construct and keep in repair sufficient fishways or ladders on such dam or obstruction, is guilty of a misdemeanor. See Pol. Code, § 4046, subd. 23. See 10 Mass. 391; 5 Pick. 199. CHAPTER II. OF OTHER AND MISCELLANEOUS OFFENSES. § 638. Neglect or postponement of telegraphic messages. § 639. Employé using information from messages. § 640. Clandestinely learning the contents of a telegram. § 641. Bribing telegraphic operator. § 642. § 643. Collecting tolls, etc., at San Francisco, without authority. § 644. § 645. Harboring deserting seamen. § 651. $ 652. Requiring apprentices to work more than eight hours. National Guard failure to attend parade, obey orders, etc. § 653. Member of National Guard, insubordination of. $ 654. Abuse of school teachers. 638. Every agent, operator, or employé of any telegraph office, who willfully refuses or neglects to send any message received at such office for transmission, or willfully postpones the same out of its order, or willfully refuses or neglects to deliver any message received by telegraph, is guilty of a misdemeanor. Nothing herein contained shall be construed to require any message to be received, transmitted, or delivered, unless the charges thereon have been paid or tendered, nor to require the sending, receiving, or delivery of any message counseling, aiding, abetting, or encouraging treason against the government of the United States or of this State, or other resistance to the lawful authority, or any message calculated to further any fraudulent plan or purpose, or to instigate or encourage the perpetration of any unlawful act, or to facil itate the escape of any criminal or person accused of crime. See Civ. Code, §§ 2161, 2162, 2207. 639. Every agent, operator, or employé of any telegraph office, who in any way uses or appropriates any information derived by him from any private message passing through his hands, and addressed to any other person, or in any other manner acquired by him by reason of his trust as such agent, operator, or employé, or trades or speculates upon any such information so obtained, or in any manner turns, or attempts to turn, the same to his own account, profit, or advantage, is punishable by imprisonment in the State prison not exceeding five years, or by imprisonment in the county jail not exceeding one year, or by fine not exceeding five thousand dollars, or by both such fine and imprisonment. 640. Every person who, by means of any machine, instrument, or contrivance, or in any other manner, willfully and fraudulently reads, or attempts to read, any message, or to learn the contents thereof, whilst the same is being sent over any telegraph line, or willfully and fraudulently, or clandestinely, learns or attempts to learn the contents or meaning of any message, while the same is in any telegraph office, or is being received thereat or sent therefrom, or who uses or attempts to use, or communicates to others, any information so obtained, is punishable as provided in section six hundred and thirtynine. 641. Every person who, by the payment or promise of any bribe, inducement, or reward, procures or attempts to procure any telegraph agent, operator, or employé to disclose any private message, or the contents, purport, substance, or meaning thereof, or offers to any such agent, operator, or employé any bribe, compensation, or reward for the disclosure of any private information received by him by reason of his trust as such agent, operator, or em PEN. CODE.-23. |