as destruction. Bouv., id., supra, defines "malicious tions in 595. The specification of the Acts enumerated in Specificathe following sections of this Chapter is not intended following to restrict or qualify the interpretation of the preced- of last ing section. sections not restrictive section. cattle. 596. Every person who willfully administers any Poisoning poison to an animal, the property of another, or maliciously exposes any poisonous substance, with the intent that the same shall be taken or swallowed by any such animal, is punishable by imprisonment in the State Prison not exceeding three years, or in the County Jail not exceeding one year, and a fine not exceeding five hundred dollars. NOTE.-The Act of March 30, 1868 (see Stats. 1868, p. 604), "For the more effectual prevention of cruelty to animals," was expressly preserved by Sec. 19, Political Code, Subd. 8. This also effectively preserves the Act published in Stats. 1871-2, p. 393, amendatory thereof. maiming, or torturing animals. 597. Every person who maliciously kills, maims, Killing, or wounds an animal, the property of another, or who maliciously and cruelly beats, tortures, or injures any animal, whether belonging to himself or another, is guilty of a misdemeanor. NOTE.-Stats. 1855, p. 105, Sec. 4. etc., birds in cemeteries. 598. Every person who, within any public ceme- Killing. tery or burying ground, kills, wounds, or traps any bird, or destroys any bird's nest other than swallows' nests, or removes any eggs or young birds from any nest, is guilty of a misdemeanor. NOTE. This section is founded on a statute in relation to cemeteries in Nevada County.-Stats. 1868, p. 26. There is no reason why the same act committed in another county should not be visited with the like punishment. !!! Killing within one mile of 599. Every person who willfully kills or destroys any seal or sea lion within one mile of the Cliff Cliff House House, in the City and County of San Francisco, is guilty of a misdemeanor. Burning Using gunpowder, etc., in destroying NOTE.-Stats. 1863, p. 330, Sec. 1. 600. Every person who willfully and maliciously burns any bridge exceeding in value fifty dollars, or any building, snowshed, or vessel, not the subject of arson, or any stack of grain of any kind, or of hay, or any growing or standing grain, grass, or tree, or any fence, not the property of such person, is punishable by imprisonment in the State Prison for not less than one nor more than ten years. NOTE.-Stats. 1861, p. 131, Sec. 5. This section was amended so as to read as published in the text, by Act of April 1st, 1872, cited in lieu of Sec. 433, ante. The Act of April 1st, 1872, p. 895 (Stats. 1871-2), is amendatory of an Act repealed by this Code. It is believed that all which this amendatory Act would have accomplished is provided for in this Code. 601. Every person who maliciously, by the explosion of gunpowder or other explosive substance, or injuring destroys, throws down, or injures the whole or any any building. Malicious injuries to freehold. part of any building, by means of which the life or safety of a human being is endangered, is guilty of felony. 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 that has been cut down and is lying on such lands; or, 3. Maliciously injuring or severing from the freehold of another anything attached thereto, or the produce thereof; or, 4. Digging, taking, or carrying away from any lot situated within the limits of any incorporated city, Same. without the license of the owner or legal occupant from any land thereof, 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; -Is guilty of a misdemeanor. NOTE. This and the succeeding section embody in substance the penal provisions of Sec. 138 of the Crimes and Punishment Act; of an Act for the protection of timber, Stats. 1862, p. 307; of an Act for the punishment of persons cutting timber on certain lands of the State, Stats. 1863, p. 739; of an Act to prevent the destruction of timber on the lands of the State, Stats. 1864, p. 136; of an Act supplemental to the last, Stats. 1864, p. 361; of an Act relating to the Yosemite Valley and Mariposa Big Tree Grove, Stats. 1866, p. 710. Subd. 6.-This provision is rendered necessary by the practice, unfortunately common, of affixing to any picturesque rock or point of land some advertisement of a current nostrum, etc. This was a simple trespass, but it is made a misdemeanor. It is taken from Sec. 707, New York Penal Code. Stats. 1871-2, p. 384. An Act to prevent persons passing through inclosures [Approved March 16, 1872.] [Enacting clause.] SECTION 1. Any person passing through an inclosure of another and leaving the same open, is guilty of Limitation upon the of the preceding section. a misdemeanor, and punishable by a fine not less than twenty dollars nor more than fifty dollars. SEC. 2. Any person willfully or maliciously tearing down fences to make a passage through an inclosure, is guilty of a misdemeanor, and punishable by a fine not less than fifty dollars nor more than five hundred dollars. SEC. 3. All fines collected under the provisions of this Act shall be paid into the County School Fund of the county where the offense is committed. SEC. 4. This Act shall take effect immediately. 603. The following acts do not constitute a public operations offense, within the meaning of the preceding section: 1. Gathering pitch from trees on the public lands of the State or United States, unless the bark from such trees is removed for more than one eighth of their circumference, or cut made more than three inches in depth into the wood thereof; Injuries to standing crops, etc. Removing, defacing, or landmarks 2. Cutting trees upon the public lands of the State or United States, in good faith, for the purpose of manufacturing the same into lumber or firewood, or preparing such lands for agricultural or mining purposes; -Unless such acts are committed upon swamp and overflowed, tide, salt marsh, or school lands belonging to the State, or within the limits of the lands granted by the United States to this State by Act of Congress of June thirteenth, eighteen hundred and sixty-four, relating to the Yosemite Valley and Mariposa Big Tree Grove. NOTE.-See note to preceding section. 604. Every person who maliciously injures or destroys any standing crops, grain, cultivated fruits or vegetables, the property of another, in any case for which a punishment is not otherwise prescribed by this Code, is guilty of a misdemeanor. 605. Every person who either: altering 1. Maliciously removes any monument erected for the purpose of designating any point in the boundary of any lot or tract of land, or a place where a subaque- Same. ous telegraph cable lies; or, 2. Maliciously defaces or alters the marks upon any such monument; or, 3. Maliciously cuts down or removes any tree upon which any such marks have been made for such purpose, with intent to destroy such marks; -Is guilty of a misdemeanor. NOTE.-Stats. 1857, p. 171, Sec. 2. or injuring 606. (§ 141.) Every person who willfully and in- Destroying tentionally breaks down, pulls down, or otherwise jails. destroys or injures any public jail or other place of confinement, is punishable by fine not exceeding ten thousand dollars, and by imprisonment in the State Prison not exceeding five years. or injuring dams, water dams, etc. 607. (§ 140.) Every person who willfully and Destroying maliciously cuts, breaks, injures, or destroys any bridges, bridge, dam, canal, flume, aqueduct, levee, embank- levees, ment, reservoir, or other structure erected to create hydraulic power, or to drain or reclaim any swamp and overflowed, tide, or marsh land, or to conduct water for mining, manufacturing, reclamation, or agricultural purposes, or any embankment necessary to the same, or either of them; or willfully or maliciously makes, or causes to be made, any aperture in such dam, canal, flume, aqueduct, reservoir, embankment, levee, or structure, with intent to injure or destroy the same; or draws up, cuts, or injures any piles fixed in the ground, and used for securing any sea bank or sea walls, or any dock, quay, or jetty, lock, or sea wall, is punishable by a fine not exceeding one thousand dollars, or by imprisonment in the State Prison not exceeding two years, or by both. NOTE.-Stats. 1863, p. 58, Sec. 1; Stats. 24 and 25 |