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ployè, or uses or attempts to use any such information so obtained, is punishable as provided in section six hundred and thirty-nine.

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.

See Pol. Code, §§ 2524, subd. 6; 2527, 2539, 2540.

643. Every person who violates any of the provisions of the laws of this State relating to sailor boarding-houses and shipping-offices in San Francisco, or 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.

See Pol. Code, §§ 2583-2607.

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

meanor.

See Pol. Code, § 2602.

645. Every person who harbors or secretes any seaman, knowing him to be shipped, and with a view to persuade or enable him to desert, is guilty of a misdemeanor. See Pol. Code, §§ 2602, 2607.

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

See Civ. Code, § 264.

647. Every person (except a California Indian) 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 drunkard, is a vagrant, and punishable by imprisonment in the county jail not exceeding ninety days.

At common law, all vagrants may be taken up and bound over to good behavior-5 Allen, 511; 2 Lea, (Tenn.) 158; 108 Mass. 17; 1 McMull. 503; 6 Mod. 240; but there must be reasonable grounds of suspicion14 Mo. 138; 2 Ld. Raym. 1296; 3 Taunt. 14. A vagrant is a person who has no lawful means of support-4 Parker Cr. R. 611; 59 Ind. 173. In Massachusetts, it is sufficient if he habitually misspends his time-5 Allen, 511; 108 Mass. 17. Statutes concerning vagrants are constitutional-1 McMull. 501; 4 Parker Cr. R. 611; and see 4 id. 616; 5 Binn. 516; 14 Gray, 397; 108 Mass. 17; 65 N. C. 339; 49 Ala. 22; 51 Ga. 264; 52 id. 574.

Vagrancy-Statutes concerning vagrants are constitutional-1 McMull. 501; 4 Parker Cr. R. 611; and see id. 616; 5 Binn. 516; 14 Gray, 397; 108 Mass. 17; 65 N. C. 339; 49 Ala. 22; 51 Ga. 264; 52 id. 574. A person who has no means of support, and is not in good faith seeking employment, is a vagrant-59 Ind. 173; 4 Parker Cr. R. 611; 52 Ala. 378; so, if a person habitually misspends his time, it is sufficient-5 Allen, 519; 108 Mass. 17. At common law, all idle persons and vagrants may be taken up and bound over to good behavior-108 Mass. 17; 5 Allen, 511; 2 Lea, (Tenn.) 158; 1 McMull. 503; 6 Mod. 240; but to justify arrest, there must be reasonable grounds of suspicion-14 Mo. 138; 2 Ld. Raym. 1296;

3 Taunt. 14.

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.

See post, § 654; Civ. Code, § 353. See Const. Cal. art. iv, § 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.

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.

See ante, § 523.

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

meanor.

See Stat. 1872.

652. Every commissioned officer of the National Guard, who willfully fails to attend any parade or 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.

See Pol. Code, §§ 1930, 2018-2030.

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 language towards his superior, or who commits any act of insubordination, is guilty of a misdemeanor.

654. Every parent, guardian, or other person, who up braids, insults, or abuses any teacher of the public schools, in the presence or hearing of a pupil thereof, is guilty of a misdemeanor. [Approved March 30th, in effect July 1st, 1874.]

TITLE XVI.

General Provisions.

§ 654. Acts made punishable by different provisions of this Code. § 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 neglect of official duty.
$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 of. fense.

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

5668. Foreign conviction for former offense.

$669. Second term of imprisonment, when to commence.

§ 670. When term of imprisonment commences, etc.

$ 671. Imprisonment for life.

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§ 675.

Limitations on two preceding sections.

§ 676. Person of convict protected.

$ 677. Forfeitures.

§ 678. Valuation in gold coin.

654. An act or omission which is made punishable in different ways by different provisions of this Code, may be punished under either of such provisions, but in no case can it be punished under more than one; an acquittal or conviction and sentence under either one bars a prosecution for the same act or omission under any other. In the cases specified in sections six hundred and fortyeight, six hundred and sixty-seven, and six hundred and

sixty-eight, the punishments therein prescribed must be substituted for those prescribed for a first offense, if the previous conviction is charged in the indictment and found by the jury.

Effect of plea of guilty is to confess the offense charged, which includes the previous conviction, and defendant must be sentenced for a felony-49 Cal. 395. See post, § 1158.

655. An act or omission declared punishable by this Code is not less so because it is also punishable under the laws of another State, government, or country, unless the contrary is expressly declared.

Adjustment of punishment.-When an offense is committed against two sovereignties, the first prosecuting absorbs it-97 U. S. 309; but when partly against one and partly against the other, the sentence of the other is to be taken into account in adjusting the sentence-see Whart. Cr. Pl. & Pr. §§ 441, 453; and the grade of offense will be considered-id.; Whart. Conf. of L. § 920.

656. Whenever on the trial of an accused person it appears that upon a criminal prosecution under the laws of another State, government, or country, founded upon the act or omission in respect to which he is on trial, he has been acquitted or convicted, it is a sufficient defense.

See post, § 1016.

657. A criminal act is not the less punishable as a crime because it is also declared to be punishable as a contempt.

Instances.-Assault on a judge-25 La. An. 532; rescues and escapes -1 Dutch, 209; misbehavior or malpractice of officer-1 Blackf. 166; 3 Burr. 799; misconduct of inferior judges-63 Ind. 81; libelous publications of court proceedings-16 Ark. 384; 4 Ill. 405; conspiracies to obstruct justice-25 Vt. 415; 2 Hill, (S. C.) 282; 2 Pars. Cas. 357; 3 Zab. 33; 50 Ind. 465; fraud and corruption of solicitors and officers of court-5 Best. & S. 299.

658. When it appears, at the time of passing sentence upon a person convicted upon indictment, that such person has already paid a fine or suffered an imprisonment for the act of which he stands convicted, under an order adjudging it a contempt, the court authorized to pass sentence may mitigate the punishment to be imposed, in its discretion.

Discretion of court-See Desty's Crim. Law, § 46 b.

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