Cheating and false pretences. Selling land twice. False weights and measures. Frauds against creditors. Same. fined not exceeding one thousand dollars and imprisoned in the county jail not more than six months. 1531. SEC. 131. If any person or persons shall knowingly and designedly, by any false pretence or pretences, obtain from any other person or persons any chose in action, money, goods, wares, chattels, effects, or other valuable thing, with intent to cheat or defraud any such person or persons of the same, every person so offending shall be deemed a cheat, and on conviction shall be fined not exceeding one thousand dollars and imprisoned in the county jail not more than one year, and be sentenced to restore the property so fraudulently obtained, if it can be done. 1532. SEC. 132. Any person or persons, after once selling, bartering, or disposing of any tract or tracts of land, town lot or lots, or executing any bond or agreement for the sale of any lands, or town lot or lots, who shall again knowingly and fraudulently sell, barter, or dispose of the same tract or tracts of land, or town lot or lots, or any part thereof, or shall knowingly and fraudulently execute any bond or agreement to sell or barter or dispose of the same land, or lot or lots, or any part thereof, to any other person or persons for a valuable consideration, every such offender, upon conviction therof, shall be punished by imprisonment in the State prison not less than one nor more than ten years. 1533. SEC. 133. If any person shall knowingly sell any goods, wares, or merchandise, or any valuable thing, by false weights or measures, or shall knowingly use false measures at any mill in taking toll for grinding corn, wheat, rye, or other grain, he or she shall be deemed a common cheat, and on conviction shall be fined not exceeding two hundred dollars and imprisoned in the county jail not more than three months. 1534. SEC. 134. If any debtor shall fraudulently remove his property or effects out of this State, or shall fraudulently sell, convey, or assign, or conceal his property or effects, with intent to defraud, hinder, or delay his creditors of their just rights, claims, or demands, he shall, on conviction, be punished by imprisonment in the county jail, for any term not exceeding one year, or by fine not exceeding five thousand dollars, or by both such fine and imprisonment. 1535. SEC. 135. Any person against whom an action is pending, or against whom a judgment has been rendered for the recovery of any personal property or effects, who shall fraudulently conceal, sell, or dispose of such property or effects, with intent to hinder, delay, or defraud the person bringing such action or recovering such judgment, or shall with such intent remove such property or effects beyond the limits of the county in which it may be at the time of the commencement of such action or the rendering of such judgment, shall, on conviction, be punished as provided in the next preceding section. Poisoning cattle. Malicious injury to animals. Malicious injury to goods. Malicious injury to houses, &c. THIRTEENTH DIVISION. FRAUDULENT AND MALICIOUS MISCHIEF. 1536. SEC. 136. Every person who shall wilfully administer any poison to any cattle, or maliciously expose any poisonous substance with the intent that the same shall be taken or swallowed by any cattle, shall, upon conviction, be punished by imprisonment in the county jail not exceeding three years, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment. 1537. SEC. 187. Every person who shall maliciously kill, maim or wound any horse, ox, or other domestic animal belonging to another, or shall maliciously or cruelly beat or torture any such animal, whether belonging to himself or another, shall upon conviction, be punished by fine of not more than five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment; and every person who shall wilfully, unlawfully and maliciously destroy, burn, cut, or otherwise injure any goods, chattels or property, of any description whatsoever, belonging to another, shall, upon conviction, be punished by fine of not more than five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.() [Amendment, approved April 10, 1855, 105. 1538. SEC. 138. Every person who shall wilfully, unlawfully, and maliciously break, destroy, or injure the door or window of any dwelling-house, shop, store, or other house or building, or sever therefrom, or from any gate, fence, or inclosure, or (*) Original section: SEC. 187. Every person who shall maliciously kill, maim, or wound any horse, ox, or other cattle, or any sheep belonging to another, or shall maliciously or cruelly beat or torture any such animal, whether belonging to himself or another, shall, upon conviction, be punished by fine of not more than five hundred dollars, or by imprisonment in the county jail not exceeding six months. any part thereof, or any material of which it is formed, or sever from the freehold any produce thereof, or anything attached thereto, or pull down, injure, or destroy any gate, post, railing, or fence, or any part thereof, or cut down, lap, girdle, or otherwise injure or destroy any fruit or ornamental or shade tree, being the property of another, shall on conviction, be fined not more than two hundred dollars or imprisoned in the county jail not exceeding three months. to lumber or water-craft. 1539. SEC. 139. Every person who shall wilfully and maliciously burn, injure, or Malicious injury destroy any pile or raft of wood, plank, boards, or other lumber, or any part thereof, or cut loose or set adrift any such raft or part thereof, or shall cut, break, injure, sink, or set adrift any boat, canoe, skiff, or other vessel or water-craft, being the property of another, shall on conviction thereof, be punished by fine not exceeding five hundred dollars or imprisonment in the county jail not exceeding six months. to bridges, 1540. SEC. 140. Every person who shall wilfully and maliciously cut, break, injure, Malicious injury or destroy, any bridge, mill, dam, canal, flume, aqueduct, levee, embankment, reser- canals, &c. voir, 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, reclaiming, or agricultural purposes, or any embankment necessary to the same, or either of them, or shall wilfully and maliciously make, or cause to be made, any aperture in such dam, canal, flume, aqueduct, reservoir, embankment, levee, or structure, with intent to injure or destroy the same, shall, on conviction thereof, be fined in any sum not more than one thousand dollars, or imprisonment at hard labor in the State prison not more than two years, or both such fine and imprisonment.(") [Amendment, approved March 16, 1863, 58. 1541. SEC. 141. If any person shall wilfully and intentionally break down, pull Wilful injury to down, or otherwise destroy or injure, in whole or in part, any public jail, or other jails. place of confinement, every person so offending shall, on conviction, be fined in any sum not exceeding ten thousand dollars, nor less than the value of the said jail or other place of confinement so destroyed, or of such injury as may have been done thereto by such unlawful act, and be imprisoned in the State prison for any term not exceeding five years. grass, &c. 1542. SEC. 142. If any person or persons shall wilfully and intentionally, or negli- Wilfully setting gently and carelessly set on fire, or cause or procure to be set on fire any wood, prai- fire to any wood, ries, grass or other lands or grounds in this State, every person so offending shall, on conviction before any court of competent jurisdiction, be fined in any sum not less than two hundred nor more than one thousand dollars, or by imprisonment in the county jail not less than ten days nor more than six months, or by both such fine and imprisonment in the discretion of the jury trying the case; provided, that this section Proviso. shall not extend to any person or persons who shall set on fire any wood, prairies, grass, or other lands adjoining their own farm, house, plantation, or inclosure, for the necessary preservation thereof from accident or injury by fire, by giving to his, her, or their neighbors reasonable notice of such intention; which aforesaid act, as amended, shall be in full force and effect from and after the first day of May next.(") Amendment, approved April 30, 1852, 111. FOURTEENTH DIVISION. GENERAL PROVISIONS. misdemeanor. 1543. SEC. 143. Every offense or act which by law is declared to be a misdemeanor, Punishment of and for which no punishment is especially prescribed, shall be punished by imprisonment in the county jail not exceeding six months, or by fine not exceeding five hundred dollars, or by both fine and imprisonment. (*) Original section: SEC. 140. Every person who shall wilfully and maliciously cut down, break, injure, or destroy any bridge or mill-dam, or other dam erected to create hydraulic power, or any embankment necessary to support such dam, or shall wilfully and maliciously make or cause to be made any aperture in such dam or embankment, with intent to destroy or injure the same, shall, on conviction thereof, be fined in any sum not more than five hundred dollars, or imprisoned in the county jail not more than six months. The original section was previously amended by act approved March 3, 1553, 32, to read as follows: SEC, 140. Every person who shall wilfully and maliciously cut, break, injure, or destroy any bridge, mill, dam, canal, flume, aqueduct, reservoir or other structure erected to create hydraulie power, or to conduct water for mining, manufacturing or agricultural purposes, or any embankment necessary to the same, or either of them, or shall wilfully and maliciously make, or cause to be made, any aperture in such dam, canal, flume, SEC. 142. If any person or persons shall wilfully and intentionally, or negligently and carelessly set on fire or cause to be set on fire any wood, prairies, or other grounds in this State, every person so offending shall, on conviction, be fined in any sum not less than twenty dollars, nor more than five hundred dollars: Provided, that this section shall not extend to any person who shall set on fire or cause to be set on fire any woods or prairies adjoining his or her own farm, plantation, or inclosure, for the necessary preservation thereof from accident by fire, by giving to his or her neighbors notice of such intention. State prison. Effect of sentence to State prison. "Persons" defined. Females. Intent to injure, defraud or cheat. 1544. SEC. 144. Until a State prison is provided, the county jail of each county shall be deemed the State prison. 1545. SEC. 145. A sentence of imprisonment in the State prison for a term less than life suspends all civil rights of the person so sentenced during the term of imprisonment, and forfeits all public offices and all private trusts, authority, and power; and the person sentenced to such imprisonment for life shall thereafter be deemed civilly dead. 1546. SEC. 146. Where the term "person" is used in this act to designate the party whose property may be the subject of any offense, such term shall be construed to include the United States, this State, or any other state or territory, government or county, which may lawfully own any property within this State, and all public and private corporations as well as individuals. 1547. SEC. 147. The provisions of this act shall extend to females. 1548. SEC. 148. When any intent to injure, defraud, or cheat, is required by law to be shown in order to constitute any offense, it shall be sufficient if such intent be to injure, defraud or cheat the United States, this State, or any other state, territory, or county, or the government or any public office thereof, or any county, city, or town, or any corporation, body politic, or private individual. Counterfeiting or labels. SUPPLEMENTAL ACTS. COUNTERFEITING LABELS. An Act supplementary to "An Act concerning crimes and punishments, passed April 16, 1850." Approved March 3, 1853, 33. 1549. SECTION 1. That every person who shall knowingly and wilfully forge or private stamps counterfeit, or cause or procure to be forged or counterfeited, upon any goods, wares or merchandise the private stamps or labels of any mechanic or manufacturer, with intent to defraud the purchasers or manufacturers of any goods, wares or merchandise whatsoever, shall, on conviction thereof, be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county jail, for a term not exceeding six months, or by a fine of not less than three hundred nor more than six hundred dollars. 1550. SEO. 2. That any person who shall sell any goods, wares or merchandise Stamps or labels, having thereon any forged or counterfeit stamps or labels, purporting to be the stamps or labels of any mechanic or manufacturer, knowing the same to be forged or counterfeited, without disclosing the fact to the purchaser, shall, on conviction thereof, be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for a term not exceeding six months, or by a fine of not less than three hundred nor more than six hundred dollars. Selling goods with counterfeit Dnelling with fatal result. Liability of survivor for debts of deceased. Civil action. DUELLING WITH FATAL RESULT. An Act amendatory of and supplemental to "An Act concerning crimes and punishments, passed April 16, 1850." Approved April 27, 1855, 152. [Section 1, contains the amendment to Sec. 40 of act of April 16, 1850, there inserted.] 1551. SEO. 2. If any duel shall be fought, contrary to the provisions of this act, or if any person shall be guilty of fighting, in any incorporated town or city, or any other town or public place in this State, and the parties, or either of them, shall use any dangerous weapon, contrary to the provisions of this act, and either of the parties combatant shall be killed, or shall die within one year of any wound received in any such duel or fight, the party surviving shall be, and is hereby held chargeable with the payment of the debts of his antagonist, so killed by him, and the estate of the party so killed shall be exonerated from the payment of such debts, until the surviving party shall be duly prosecuted to insolvency, and the person or persons to whom the combatant so killed in such duel or fight shall be indebted, may prosecute to judgment and execution any action of debt or assumpsit, against such surviving party, which such person could have maintained against such party so killed; and in his declaration it shall be sufficient to set forth in substance the description of the judgment, bill, bond, note, assumpsit or account, by which the deceased in his lifetime was indebted to the plaintiff, and to aver that the defendant and deceased had fought a duel contrary to the provisions of this act, or had fought in an incorporated ed or wounded. 1552. SEC. 3. If any duel shall be fought contrary to the provisions of this act, and Liability when either of the combatants shall be maimed or wounded, the charges incurred by such adversary maimmaimed or wounded combatant, together with those for the support and maintenance of his family during his sickness, shall be regarded as debts to be recovered, as provided in section second of this act. And if the party shall die within one year of any wound received in any such duel or fight, the party surviving shall pay to the $10,000 in case heir or heirs of such deceased the sum of ten thousand dollars, to be recovered as of death. provided in section second, for the recovery of the debts of the deceased. 1553. SEC. Any and every person who shall be present at the time of fighting any Witnesses. duel with deadly weapons, either as second, aid, surgeon or spectator, or who shall advise or give assistance to such duel, shall be a competent witness against any person offending against any of the provisions of this act, and may be compelled to appear and give evidence before any justice of the peace, grand jury or court, in the same manner as other witnesses; but the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying. [Sec. 5 merely repeals Secs. 41 and 42 of the act of April 16, 1850.] An Act amendatory of, and supplementary to, an act entitled "An Act concerning crimes and punishments, passed April 16, 1850." Approved April 19, 1856, 131. OFFENSES AGAINST THE PERSONS OF INDIVIDUALS. women. 1554. SECTION 1. Every person who shall take any woman unlawfully, against her Abduction of will, and by force, menance or duress, compel her to marry him, or to marry any other person, or to be defiled, and shall be thereof convicted, shall be punished by imprisonment in the State prison for a term not less than two nor more than fourteen years. children. 1555. SEC. 2. Every person who shall maliciously, forcibly or fraudulently lead, Abduction of take or carry away, or decoy or entice away any child under the age of ten years, with 15 Cal. 382. intent to detain and conceal such child from its parent, guardian or other person having the lawful charge of such child, shall, upon conviction thereof, be punished by imprisonment in the State prison not exceeding ten years, or by a fine not exceeding five thousand dollars, or by both such fine and imprisonment. 1556. SEC. 3. Every person who shall wilfully poison any spring, well or reservoir Poisoning springs, &c. of water, shall, upon conviction thereof, be punished by imprisonment in the State prison for a term not less than one, nor more than ten years. OFFENSES AGAINST HABITATIONS AND OTHER BUILDINGS. degree. 1557. SEC. 4. Every person who shall wilfully and maliciously burn, or cause to be Arson in first burned, in the night-time, any dwelling-house in which there shall be at the time some 6 Cal. 236. human being, shall be deemed guilty of arson in the first degree, and, upon conviction 20 Cal. 76. thereof, shall be punished by imprisonment not less than two years, and which may extend to life, in the State prison. 1558. SEC. 5. Every person who shall, wilfully and maliciously, burn or cause to be Arson in second degree. burned, any dwelling-house, the property of another, in the day-time, or in the night or day-time, wilfully burn, or cause to be burned, any kitchen, office, shop, barn, stable, storehouse, warehouse or other building, or stacks or stocks of grain, or standing crops, the property of any other person or corporation, or any church, meeting-house, schoolhouse, state-house, court-house or other public building, or any ship, vessel, boat or Murder. Dwelling-house. Burning insured property. other water-craft, or any bridge of the value of fifty dollars or more, erected across any of the waters of this State, such person so offending shall be deemed guilty of arson in the second degree, and upon conviction thereof, shall be punished by imprisonment in the State prison for a term not less than one year, nor more than ten years; and should the live or lives of any person or persons be lost in consequence of such burning as aforesaid, such offender shall be deemed guilty of murder, and shall be indicted and punished accordingly. 1559. SEC. 6. Every house, prison, jail or other edifice, which shall have been usually occupied by persons lodging therein at night, shall be deemed a dwelling-house of any person so lodging therein; but no warehouse, barn, shed or other out-house, unless used as a dormitory, shall be deemed a dwelling-house or part thereof within the meaning of the two preceding sections, unless the same be joined to, and immediately connected with, a dwelling-house. 1560. SEC. 7. Every person who shall wilfully burn, or caused to be burned, any building, ship, vessel, or other water-craft, or any goods, wares, merchandise or other chattel, which shall be at the time insured against loss or damage by fire, with intent to injure or defraud such insurer, whether the same be the property of such person or of any other, shall, upon conviction, be adjudged guilty of arson in the second degree, and punished accordingly. Attempts to Capital offenses. Misdemeanors. Felonies Repealing clause. 7 Cal. 356. Proviso. GENERAL PROVISIONS. 1561. SEO. 8. Every person who shall attempt to commit a public offense, and in such attempt shall do any act toward the commission of such offense, but shall fail in the perpetration thereof, or shall be prevented or intercepted in executing the same, upon conviction thereof, shall, in cases where no provision is made by law for the punishment of such attempt, be punished as follows: First. If the offense so attempted to be committed, be such as is punishable by death, or by imprisonment in the State prison for a term which may extend to life, the person convicted of such attempt shall be punished by imprisonment in the State prison not exceeding ten years. Second. If the offense so attempted is a misdemeanor, the person so convicted of such attempt shall be punished by a fine not exceeding one-half of the largest amount, or by imprisonment in the county jail for a term not exceeding one-half of the longest time prescribed by law upon a conviction of the offense so attempted. Third. If the offense so attempted is a felony, not punishable by death, or imprisonment which may extend to life, the person convicted of such attempt shall be punished by imprisonmet in the State prison for a term not exceeding one-half the longest time which may be imposed upon a conviction of the offense so attempted. 1562. SEC. 9. Sections fifty-six and fifty-seven of the said act, and all laws and parts of laws in conflict with any of the provisions of this act, are hereby repealed; provided, nothing contained in this act shall apply to the trials of persons indicted for offenses committed prior to the passage of this act, in all such cases the punishment shall be fixed in accordance with the laws heretofore existing. Lewd or obscene books, &c. Indictment or complaint. Destruction of books, &c. LEWD AND OBSCENE PUBLICATIONS. An Act supplementary to an act entitled "An Act concerning crimes and punishments, passed April 16, 1850." Approved April 16, 1859, 297. 1563. SECTION 1. If any person, or persons, shall exhibit to another, publish, pass, sell, or offer for sale, within this State, any lewd or obscene book, pamphlet, picture, print, card, paper, or writing, or shall have in his, her, or their, possession, any such lewd or obscene book, pamphlet, picture, print, card, paper or writing, with intent to exhibit, publish, pass, or sell, the same, every person so offending shall be deemed guilty of a misdemeanor, and punished, on conviction, by a fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding three months, or by both such fine and imprisonment. 1564. SEC. 2. In prosecutions, under this act, it shall not be necessary to set forth, in the indictment or complaint, any portion of the language used in such book, pamphlet, picture, print, card, paper, or writing; but it shall be sufficient to aver, generally, the fact of the lewdness or obscenity thereof. 1565. SEC. 3. The court before which any conviction may be had, for any of the offenses mentioned in this act, may order to be destroyed any and all such lewd or |