ring or prize-fight, or sparring or boxing exhibition, or who lays, makes, offers or accepts, a bet or bets, or wager or wagers, upon the result or any feature of any pugilistic contest, or fight, or ring or prize-fight, or sparring or boxing exhibition, or acts as stakeholder of any such bet or bets, or wager or wagers, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than one hundred dollars nor more than one thousand dollars and be imprisoned in the county jail not less than thirty days nor exceeding one year; provided, however, that amateur boxing exhibitions may be held within this state, of a limited number of rounds, not exceeding four of the duration of three minutes each; the interval between each round shall be one minute, and the contestants weighing one hundred and forty-five pounds or over shall wear gloves of not less than eight ounces each in weight, and contestants weighing under one hundred and forty-five pounds may wear gloves of not less than six ounces each in weight. All gloves used by contestants in such amateur boxing exhibitions shall be so constructed, as that the soft padding between the outside coverings shall be evenly distributed over the back of said gloves and cover the knuckles and back of the hands. And no bandages of any kind shall be used on the hands or arms of the contestants. For the purpose of this statute an amateur boxing exhibition shall be and is hereby defined as one in which no contestant has received or shall receive in any form, directly or indirectly, any money, prize, reward or compensation either for the expenses of training for such contest or for taking part therein, except as herein expressly provided. Nor shall any person appear as contestant in such amateur exhibition who prior thereto has received any compensation or reward in any form for displaying, exercising or giving any example of his skill in or knowledge of athletic exercises, or for rendering services of any kind to any athletic organization or to any person or persons as trainer, coach, instructor or otherwise, or who shall have been employed in any manner professionally by reason of his athletic skill or knowledge; provided, however, that a medal or trophy may be awarded to each contestant in such amateur boxing exhibitions, not to exceed in value the sum of $35.00 each, which such medal or trophy must have engraved thereon the name of the winner and the date of the event; but no portion of any admission fee or fees charged or received for any amateur boxing exhibition shall be paid or given to any contestant in such amateur boxing exhibition, either directly or indirectly, nor shall Pen. Code-13 any gift be given to or received by such contestants for participating in such boxing exhibition, except said medal or trophy. At every amateur boxing exhibition held in this state and permitted by this section of the Penal Code, any sheriff, constable, marshal, policeman or other peace officer of the city, county or other political subdivision, where such exhibition is being held, shall have the right to, and it is hereby declared to be his duty to stop such exhibition, whenever it shall appear to him that the contestants are so unevenly matched or for any other reason, the said contestants have been, or either of them, has been seriously injured or there is danger that said contestants, or either of them, will be seriously injured if such contest continues, and he may call to his assistance in enforcing his order to stop said exhibition, as many peace officers or male citizens of the state as may be necessary for that purpose. Provided, further, that any contestant who shall continue to participate in such exhibition after an order to stop such exhibition shall have been given by such peace officer, or who shall violate any of the regulations herein prescribed, for governing amateur boxing exhibitions, shall be deemed guilty of violating this section of the Penal Code and subject to the punishment herein provided. Nothing in this section contained shall be construed to prevent any county, city and county, or incorporated city or town from prohibiting, by ordinance, the holding or conducting of any boxing exhibition, or any person from engaging in any such boxing exhibition therein. [Amendment approved 1915; Stats. 1915, p. 1930.] Act to prohibit prize-fighting (Stats. 1893, p. 101) was superseded by this section. Legislation § 412. 1. Enacted February 14, 1872 (N. Y. Pen. Code, §458); based on Crimes and Punishment Act, Stats. 1850, p. 233, § 44, which read: "§ 44. If any persons shall, without deadly weapons, upon previous concert and agreement, upon any wager, or for money or any other reward, fight one with another, upon conviction thereof. they or either or any of them, and all persons present aiding and abetting, shall be punished by imprisonment in the state prison for a term not exceeding two years. Should death ensue to any person in such fight, the person or persons causing such death shall be punished by imprisonment in the state prison for a term not more than ten nor less than three years." When enacted in 1872, § 412 read: "412. Every person who engages in, instigates, encourages, or promotes any ring or prize fight, or any other premeditated fight or contention (without deadly weapons), either as principal, aid, second, umpire, surgeon, or otherwise, is punishable by imprisonment in the state prison not exceeding two years." 2. Amended by Stats. 1899, p. 153, and differed from the amendment of 1903, post, having (1) no section number (probably a typographical error); "A" instead "Any" as the initial word of the section; (3) "acceptance of a challenge" instead of "acceptance or a challenge" (undoubtedly a typographical error); (4) the provisos then reading "provided, however, that sparring exhibitions not to exceed a limited number of rounds with gloves of not less than five ounces each in weight may be held by a doméstic incorporated athletic club upon the prepayment by such club of an annual license to be fixed by the supervisors of each county; provided further, that such club shall have a physician in attendance to examine the boxers prior to each exhibition and determine whether or not they are in perfect physical condition." 3. Amended by Stats. 1903, p. 409, to read as follows: "Any person, who, within this state, engages in, instigates, aids, encourages, or does any act to further a contention or fight, without weapons, between two or more persons, or a fight commonly called a ring or prize fight, either within or without the state, or who engages in a public or private sparring exhibition, with or without gloves, within the state, or who sends or publishes a challenge or acceptance or [of] a challenge for such a contention, exhibition, or fight, or carries or delivers such a challenge or acceptance, or trains or assists any person in training or preparing for such a contention, exhibition or fight, shall be guilty of a felony, and upon conviction shall be fined not less than one thousand dollars nor more than five thousand dollars, and be imprisoned in the state prison not less than one year nor more than three years; provided, however, that sparring exhibitions, not to exceed a limited number of rounds with gloves of not less than five ounces each in weight may be held by a domestic incorporated club upon the prepayment by such club of an annual license to be fixed by the board of supervisors of cities and counties, or the city council or other governing bodies of incorporated cities. Said exhibitions must comply with the rules and regulations as the said supervisors, city councils or other governing bodies of cities and towns shall prescribe by ordinance; provided, further, that the boxers prior to each exhibition must be examined by a physician who shall determine whether or not they are in perfect physical condition." 4. Amended by initiative measure adopted by the people November 3, 1914. In effect December 19, 1914; Stats. 1915, p. 1930. § 413. Persons present at prize-fights. Every person willfully present as spectator at any fight or contention prohibited in the preceding section, is guilty of a misde meanor. An information may be laid before any of the magistrates mentioned in section eight hundred and eight of this code, that a person has taken steps toward promoting or participating in a contemplated pugilistic contest, or fight, or ring or prize-fight, or sparring or boxing exhibition, prohibited under the provision of section four hundred and twelve of this code, or is about to commit an offense under said section four hundred and twelve. When said information is laid before said magistrate, he must examine, on oath, the informer, and any witness or witnesses he may produce, and must take their depositions in writing and cause them to be subscribed by the parties making them. If it appears from the deposition that there is just reason to fear the com mission of the offense contemplated by the person so informed against, the magistrate must issue a warrant directed generally to the sheriff of the county, or any constable, marshal, or policeman in the state, reciting the substance of the information and commanding the officer forthwith to arrest the person informed against and bring him before the magistrate. When the person informed against is brought before the magistrate, if the charge be controverted, the magistrate must take testimony in relation thereto, The evidence must be reduced to writing and subscribed by the witnesses. If it appears there is no just reason to fear the commission of the offense alleged to have been contemplated, the person complained against must be discharged. If, however, there is just reason to fear the commission of the offense, the person complained of must be required to enter into an undertaking in such sum, not less than three thousand dollars, as the magistrate may direct, with one or more sufficient sureties, conditioned that such person will not, for a period of one year thereafter, commit any such contemplated offense. [Amendment approved 1915; Stats. 1915, p. 1931.] Legislation § 413. 1. Enacted February 14, 1872 (based on Crimes and Punishment Act, Stats. 1850, p. 233, § 44. See ante, Legislation § 412), and then read: "Every person willfully present as a spectator at any fight or contention mentioned in the preceding section, is guilty of a misdemeanor." 2. Amended by initiative measure adopted by the people November 3, 1914. In effect December 19, 1914; Stats. 1915, p. 1930. § 413. Sparring exhibitions on Memorial Day or Sundays prohibited. Any person or persons holding, or conducting, or participating in, or present as a spectator, at any boxing exhibition held on Memorial Day, May 30, or on Sundays, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by fine not exceeding five hundred dollars or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. [Amendment approved 1915; Stats. 1915; p. 1932.] Legislation § 4132. 1. Added by Stats. 1909, p. 987, and then read: "Any incorporated club holding or conducting a sparring exhibition as described in section four hundred and twelve of this code on Memorial Day-May 30,-shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment." 2. Amended by initiative measure adopted by the people November 3, 1914. In effect December 19, 1914; Stats. 1915, p. 1930. § 414. Leaving the state to engage in prize-fights. Every person who leaves this state with intent to evade any of the provisions of the last two [three] sections, and to commit any act out of this state such as is prohibited by them, and who does any act which would be punishable under these provisions if committed within this state, is punishable in the same manner as he would have been in case such act had been committed within this state. Legislation § 414. Enacted February 14, 1872; almost identical with Field's Draft, § 488, N. Y. Pen. Code, § 461. § 414a. Privilege of witness testifying. No person otherwise competent as a witness, is disqualified from testifying as such, concerning any offense under this act, on the ground that such testimony may incriminate himself, but no prosecution can afterwards be had against him for any offense concerning which he testified. The provisions of section 1111 of the Penal Code of this state are not applicable to any prosecutions brought under the provisions of this act. Legislation § 414a. Added by initiative measure adopted by the people November 3, 1914. In effect December 19, 1914; Stats. 1915, p. 1932. § 415. Disturbing the peace. Every person who maliciously and willfully disturbs the peace or quiet of any neighborhood or person, by loud or unusual noise, or by tumultuous or offensive conduct, or threatening, traducing, quarreling, challenging to fight, or fighting, or who, on the public streets of any unincorporated town, or upon the public highways in such unincorporated town, run any horse-race, either for a wager or for amusement, or fire any gun or pistol in such unincorporated town, or use any vulgar, profane, or indecent language within the presence or hearing of women or children, in a loud and boisterous manner, is guilty of a misdemeanor, and upon conviction by any court of competent jurisdiction shall be punished by fine not exceeding two hundred dollars, or by imprisonment in the county jail for not more than ninety days, or by both fine and imprisonment, or either, at the discretion of the court. [Amendment approved 1878; Code Amdts. 1877-78, p. 117.] "Maliciously" and "willfully": See ante, § 7, subds. 1, 4. Jurisdiction of police court: See Pol. Code, § 4426. Racing on highway: See ante, § 396. Legislation § 415. 1. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 243, § 112, which read: "§ 112. If any person, at late and unusual hours of the night-time, shall maliciously and willfully disturb the peace or quiet of any neighborhood or family by loud or unusual noises, or by tumultuous and offensive conduct, threatening, traducing, quarreling, challenging to fight, or fighting, every person convicted thereof shall be fined in a sum not exceeding two hundred dollars, or imprisoned in the county jail not more than two months." When enacted in 1872, § 415 read: "Every person who maliciously and willfully disturbs the |