Fixing time for rendering. Writ of habeas corpus. Disposition of fines, etc. Repealing clause, etc. SEC. 85. Section fourteen hundred and forty-nine of said Code is amended to read as follows: Section Fourteen Hundred and Forty-nine. After a plea or verdict of guilty, or after a verdict against the defendant, on a plea of a former conviction or acquittal, the Court must appoint a time for rendering judgment, which must not be more than two days nor less than six hours after the verdict is rendered, unless the defendant waive the postponement. If postponed, the Court may hold the defendant to bail to appear for judgment. SEC. 86. Section fourteen hundred and seventythree of said Code is amended to read as follows: Section Fourteen Hundred and Seventy-three. Every person unlawfully imprisoned or restrained of his liberty, under any pretense whatever, may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment or restraint. SEC. 87. Section fifteen hundred and seventy of said Code is amended to read as follows: Section Fifteen Hundred and Seventy. All fines and forfeitures collected in any Court, except Police Courts, must be applied to the payment of the costs of the case in which the fine is imposed or the forfeiture incurred, and after such costs are paid, the residue must be paid to the County Treasurer of the county in which the Court is held. SEC. 88. All provisions of law inconsistent with the provisions of this Act are repealed, except as to offenses committed before this Act takes effect, and as to such offenses and for the punishment of parties guilty thereof, the repealed provisions shall continue in force. SEC. 89. This Act shall take effect on the first day of July, one thousand eight hundred and seventy-four. [Chap. 614.] AN ACT TO AMEND SECTIONS SEVENTEEN, ONE THOU- [Approved March 7th, 1874.] The People of the State of California, represented in SECTION 1. Section seventeen of the Penal Code is hereby amended so as to read as follows: etc., Section Seventeen. A felony is a crime which is Felony, punishable with death or by imprisonment in the State defined. Prison. Every other crime is a misdemeanor. When a crime, punishable by imprisonment in the State Prison, is also punishable by fine or imprisonment in a County Jail, in the discretion of the Court, it shall be deemed a misdemeanor for all purposes after a judgment imposing a punishment other than imprisonment in the State Prison. SEC. 2. Section twelve hundred and five of the Penal Code is hereby amended so as to read as follows: ment for Section One Thousand Two Hundred and Five. A Imprisonjudgment that the defendant pay a fine may also direct fine. that he be imprisoned until the fine be satisfied, specifying the extent of imprisonment, which must not exceed one day for every dollar of the fine. SEC. 3. Section fourteen hundred and forty-six of the Penal Code is hereby amended so as to read as follows: in Judgment. imprison Section One Thousand Four Hundred and Forty-six. direct that he be imprisoned until the fine be satisfied, in the proportion of one day's imprisonment for every dollar of the fine. [Chap. 196.] Printing, etc.. irregular tickets. AN ACT TO ADD ANOTHER SECTION TO THE PENAL CODE. [Approved March 23d, 1874.] The People of the State of California, represented in SECTION 1. The following is added as a new section to the Penal Code, and must be inserted in said Code after section sixty-one, and designated as sixty-two: Section Sixty-two. Every person who prints any ticket not in conformity with section one thousand one hundred and ninety-one of the Political Code, or who circulates or gives to another any ticket, knowing at the time that such ticket does not conform to the provisions of section one thousand one hundred and ninetyone of the Political Code, is guilty of a misdemeanor. [Chap. 379.] AN ACT TO ADD ANOTHER SECTION TO THE PENAL CODE. [Approved March 30th, 1874.] The People of the State of California, represented in SECTION 1. An additional section is hereby added to the Penal Code, to be known as section eighty-nine, and to read as follows: Section Eighty-nine. Every person who obtains or seeks to obtain money or other thing of value from and another person, upon a pretense, claim, or representa- Lobbying, tion that he can or will improperly influence in any penalty for. manner the action of any member of a legislative body in regard to any vote or legislative matter, is guilty of a felony. If, upon the trial of an indictment found under the provisions of this section, the accused is examined as a witness in his own behalf, evidence may then be given that he has committed acts in violation of the provisions of this section other than the acts charged in the indictment. Upon the trial no person otherwise competent as a witness shall be disqualified from testifying as such concerning the offense charged, on the ground that such testimony may criminate himself; but no prosecution can afterward be had against him for any offense concerning which he testified. SEC. 2. This Act shall be in force from and after its passage. [Chap. 673.] AN ACT TO AMEND SECTION ONE HUNDRED AND [Approved March 28th, 1874.] The People of the State of California, represented in SECTION 1. Section one hundred and ninety of the degrees, etc. Section One Hundred and Ninety. Every person Murder, guilty of murder in the first degree shall suffer death, penalty, or confinement in the State Prison for life, at the discretion of the jury trying the same; or, upon a plea of guilty, the Court shall determine the same; and every person guilty of murder in the second degree is punishable by imprisonment in the State Prison not less than ten years. SEC. 2. This Act shall take effect and be in force from and after its passage. [Chap. 508.] Interring remains in city, etc., limits. AN ACT TO ADD A SECTION, TO BE NUMBERED SEC- AND SEVENTY-TWO. [Approved March 30th, 1874.] The People of the State of California, represented in SECTION 1. There shall be a new section added to an Act entitled "An Act to establish a Penal Code," approved February fourteenth, eighteen hundred and seventy-two, following section two hundred and ninetysix thereof, and to be numbered section two hundred and ninety-seven, so as to read as follows: Section Two Hundred and Ninety-seven. Every person who shall bury or inter, or cause to be buried or interred, the dead body of any human being, or any human remains, in any place within the corporate limits of any city or town in this State, or within the corporate limits of the City and County of San Francisco, except in a cemetery, or place of burial now existing under the laws of this State, and in which interments have been made, or that is now or may hereafter be established or organized by the Board of Supervisors of the county, or city and county, in which such city or town, or city and county is situate, shall be guilty of a misdemeanor. |