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Bribing telegraphic operator.

Collecting tolls, etc, at San Francisco, without authority of Harbor Commissioners.

Violations of the provisons

of the Chapter

police

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 employé, or uses or attempts to use any such information so obtained, is punishable as provided in Section 639.

NOTE.-Stats. 1862, p. 290, Sec. 7, modified. The grade of punishment provided in the three preceding sections has been increased from that of a misdemeanor to that of a felony.

642. Every person who collects any toll, wharfage, or dockage, or lands, ships, or removes any property upon or from any portion of the water front of San Francisco, or from or upon any of the wharves, piers, or landings under the control of the Board of State Harbor Commissioners, without being by such Board authorized so to do, is guilty of a misdemeanor.

NOTE.-Stats. 1864, p. 145, Sec. 11. See State Harbor Commissioners, Vol. I, Pol. Code, Sec. 2527, to provide for collecting revenue from wharves, etc.; also, id., Sec. 2524, Subd. 6, to collect tolls; id., Sec. 2539, to fix tolls; maximum, Sec. 2540, id. From an examination of these provisions of the Political Code it will be seen that those only are authorized to collect tolls, etc., who are authorized thereto by appointment or lease from the Harbor Commissioners.

643. Every person who violates any of the provis ions of the laws of this State relating to sailor boardrelating to ing houses and shipping offices in San Francisco, or regulations who receives any gratuity or reward other than as therein provided, for the performance of any services under a license issued pursuant to the provisions of such laws, is guilty of a misdemeanor.

of San Francisco harbor.

NOTE.-Stats. 1870, p. 244. See Political Code, Vol. I, pp. 485-492, Secs. 2583-2607, "Sailors and sailor boarding houses."

seamon

644. Every person who entices seamen to desert Enticing from any vessel lying in the waters of this State, and to desert. on board of which they have shipped for a term or voyage unexpired at the time of such enticement, is guilty of a misdemeanor.

NOTE.-Stats. 1853, p. 186, Sec. 1. See Pol. Code,

Sec. 2602, "Deserters, who are, and how treated."

deserting

645. Every person who harbors or secretes any Harboring seaman, knowing him to be shipped, and with a view seamen." to persuade or enable him to desert, is guilty of a misdemeanor.

NOTE.-Stats. 1853, p. 186, Sec. 2.

Who are deserters, etc., see Sec. 2602, Pol. Code. The three preceding sections are required to be published by the "Marine Board," under Sec. 2607, Pol. Code, together with Art. XI, Chap. I, Title VI, "Public ways," Part III of the Political Code.

apprentices

away or

646. Every person who willfully and knowingly Aiding aids, assists, or encourages to run away, or who har- to run bors or conceals any person bound or held to service harboring or labor, is guilty of a misdemeanor.

NOTE.-Stats. 1858, p. 137, Sec. 17. See "Apprentices," "Master and servant," Civil Code, Sec. 264.

them.

647. Every person (except a California Indian) Vagrants. without visible means of living, who has the physical ability to work, and who does not for the space of ten days seek employment, nor labor when employment is offered him; every healthy beggar who solicits alms. as a business; every person who roams about from place to place without any lawful business; every idle or dissolute person, or associate of known thieves, who wanders about the streets at late or unusual hours of the night, or who lodges in any barn, shed, shop, outhouse, vessel, or place other than such as is kept for lodging purposes, without the permission of the owner or party entitled to the possession thereof; every lewd and dissolute person, who lives in and about houses of ill-fame, and every common prostitute and common

Issuing or circulating

paper money.

Officers of fire depart

ment issuing false certificates

of exemption.

Sending letters threatening to expose another.

drunkard, is a vagrant, and punishable by imprison-
ment in the County Jail not exceeding ninety days.

NOTE.-Stats. 1863, p. 770, Sec. 1. The Stat. 5 Geo.
IV, Chap. 83, for the punishment of idle and disor-
derly persons (2 Chitty Stats., p. 145), gave to statutes
similar to the text the title of Vagrant Acts. A
vagrant is a person who lives idly, without any settled
home; a person who refuses to labor or work, or who
goes about begging. Such is the definition of Bouvier,
supported by Wils., p. 331; 5 East., p. 339; 8 Term.,
p. 26. It will be observed, however, that the Code
specifies the acts constituting the offense of vagrancy,
and does not leave it to the lexicographers or other
authorities to determine them.

648. Every person who makes, issues, or puts in circulation any bill, check, ticket, certificate, promissory note, or the paper of any bank, to circulate as money, except as authorized by the laws of the United States, for the first offense, is guilty of a misdemeanor, and for each and every subsequent offense, is guilty of felony.

NOTE.-Stats. 1855, p. 128, Secs. 1, 2. See Sec. 356, and note, Civil Code Cal., expressly prohibiting banks of circulation.-State Const., Art. IV, Sec. 35.

649. Every officer of a fire department who willfully issues or causes to be issued any certificate of exemption to a person not entitled thereto, is guilty of a misdemeanor.

NOTE.-Stats. 1864, p. 257, Sec. 7.

650. Every person who knowingly and willfully sends or delivers to another any letter or writing, whether subscribed or not, threatening to accuse him or another of a crime, or to expose or publish any of his failings or infirmities, is guilty of a misdemeanor.

NOTE. This is founded upon part of Section 110 of the Crimes and Punishment Act.-Stats. 1850, p. 229. The portion of that section relating to sending threatening letters is incorporated in Section 523, ante, Chapter VII, relating to extortion.

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wards or

to work

eight

651. Every person having a minor child under his Requiring control, either as a ward or an apprentice, who, except apprentices in vinicultural or horticultural pursuits, or in domestic more than or household occupations, requires such child to labor hours. more than eight hours in any one day, is guilty of a misdemeanor.

NOTE.-Stats. 1868, p. 63.

Stats. 1871-2, p. 951.

An Act to protect the wages of labor and the salaries
and fees of subordinate officers.

[Approved April 1, 1872.]

[Enacting clause.]

SECTION 1. Every person who employs laborers upon the public works, and who takes, keeps, or receives any part or portion of the wages due to such laborers from the State or municipal corporation for which such work is done, is guilty of a felony.

SEC. 2. Every officer of the State, or any county, city, or township therein, who keeps or retains any part or portion of the salary or fees allowed by law to his deputy, clerk, or subordinate officer, is guilty of a felony.

SEC. 3. This Act shall be in force from and after its passage.

Officer or

member of

Guard

failing to

attend

rade,
discharge

obey
orders, or

652. Every commissioned officer of the National Guard who willfully fails to attend any parade or National encampment, and every member of the National Guard who neglects or refuses to obey the lawful command of his superior on any day of parade or encampment, or to perform such military duty as may be lawfully required of him, is punishable by a fine of not less than five nor more than one hundred dollars.

NOTE.-See Political Code Cal., Secs. 1930, 2026, "Militia;" Secs. 2018-2030, "Parades and drills."

duty.

Member of
Guard

National

failing to

653. Every member of the National Guard who, when duly notified, fails to appear at a parade, or who disobeys any lawful order, or who uses disrespectful attend language towards his superior, or who commits any notified. act of insubordination, is guilty of a misdemeanor.

parade,
etc., when

L

NOTE.-See note to preceding section. The section numbers of this Code, placed thus, (? 1), (? 65), and so on, to many of the preceding sections, indicate the sections of the original Act of April 16, 1850, “Concerning crimes and punishments." They were used in Hittell, and are here retained for convenience in refer

ence.

Acts made

punishable

TITLE XVI.

GENERAL PROVISIONS.

SECTION 654. Acts made punishable by different provisions of this
Code.

654.

655. Acts punishable under foreign law.

656. Foreign conviction or acquittal.

657. Contempts, how punishable.

658. Mitigation of punishment in certain cases.

659. Aiding in misdemeanor.

660. Sending letters, when deemed complete.

661. Removal from office for violation or neglect of official

duty by public officers.

662. Omission to perform duty, when punishable.
663. Attempts to commit crimes, when punishable.

664. Attempts to commit crimes, how punishable.

665. Restrictions upon the preceding sections.

666. Second offense, how punished after conviction of

former offense.

667. Second offenses, how punished after conviction of attempt to commit a State Prison offense.

668. Foreign conviction for former offense.

669. Second term of imprisonment, when to commence. 670. When term of imprisonment commences, etc.

671. Imprisonment for life.

672. Fine may be added to imprisonment.

673. Civil rights of convict suspended.

674. Civil death.

675. Limitations on two preceding sections.

676. Person of convict protected.

677. Forfeitures.

An act or omission which is made punishable

by different in different ways by different provisions of this Code

provisions

of this

Code.

may be punished under either of such provisions, but

in no case can it be punished under more than one;

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