impede or affect the speed, endurance, sense, health, physical condition, or other character or quality of such above-mentioned animal, or other live-stock. Same. Sec. 2. It shall be unlawful for any person or persons to cause to be taken by or placed upon or in the body of any horse, stud, mule, ass, mare, horned cattle, neat cattle, gelding, colt, filly, dog, animal, or other live-stock, entered or about to be entered in any race upon any race-course in the state of California, or entered or about to be entered at or with any agricultural park, association, race-course, or corporation, or other exhibition for competition for prize, reward, purse, premium, stake, sweepstakes, or other reward, any sponge, wood, or foreign substance of any kind, with intent to impede or affect the speed, endurance, sense, health, physical condition, of such horse, stud, mule, ass, mare, horned cattle, neat cattle, gelding, colt, filly, dog, animal, or other live-stock. Penalty. Sec. 3. Any person or persons who shall violate any of the provisions of sections one or two of this act shall be guilty of a misdemeanor. Conflicting acts repealed. Sec. 4. All acts or parts of acts in conflict with the provisions of this act are hereby repealed. Act takes effect when. Sec. 5. This act shall take effect immediately. ARTESIAN WELLS. An act to prevent the waste and flow of water from artesian wells, and prescribing penalties therefor, and defining waste and artesian wells. [1. Approved March 6, 1907; Stats. 1907, p. 122. 2. Amended March 25, 1909; Stats. 1909, p. 749.] § 1. Uncapped artesian wells declared public nuisance. § 2. Artesian well defined. § 3. Waste defined. 84. New offense. Uncapped artesian wells declared public nuisance. Section 1. Any artesian well which is not capped, equipped or furnished with such mechanical appliance as will readily and effectively arrest and prevent the flow of any water from such well, is hereby declared to be a public nuisance. The owner, tenant, or occupant of the land upon which such well is situated, who causes, permits, or suffers such public nuisance, or suffers or permits it to remain or continue, is guilty of a misdemeanor; and any person owning, possessing or occupying any land upon which is situated an artesian well, who causes, suffers, or permits the water to unnecessarily flow from such well, or to go to waste, is guilty of a misdemeanor. Artesian well defined. Sec. 2. For the purposes of this act, an artesian well is defined to be any artificial hole made in the ground through which water naturally flows from subterranean sources to the surface of the ground for any length of time. Waste defined. Sec. 3. Waste is defined, for the purposes of this act, to be the causing, suffering or permitting any water flowing from an artesian well, to run into any river, creek, or other natural watercourse or channel, or into any bay or pond (unless used thereafter for the beneficial purpose of irrigation of land or domestic use), or into any street, road, or highway, or upon the land of any person, or upon the public lands of the United States or of the state of California, unless it be used thereon for the beneficial purposes of the irrigation thereof or for domestic use or the propagation of fish. The use of any water flowing from an artesian well for the irrigation of land whenever over five per cent of the water received on such land for such purposes is allowed to escape therefrom, is also hereby declared to be waste within the meaning of this act; provided, that nothing herein shall prevent the running of artesian water into an artificial pond or storage-reservoir, if used thereafter for a beneficial use; provided, such beneficial use shall not exceed one tenth of one miner's inch of water per acre, perpetual flow, but such user of water shall have the right to cumulate the said amount within any period of each year. [Amendment approved March 25, 1909; Stats. 1909, p. 749.] New offense. Sec. 4. Each day's continuance of such waste shall constitute a new offense under this act. Penalty. Sec. 5. Any person violating any of the provisions of this act shall, for each offense, upon conviction thereof, be pun ished by a fine of not less than $25.00 and not more than $500.00, or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. All prosecutions for the violation of any of the provisions of this act shall be instituted in the justice's court of the county in which such well is situated. Any fine imposed under the provisions of this act may be collected as in other criminal cases, and the justice may also issue an execution upon the judgment therein rendered, and the same. may be enforced and collected as in civil cases. Conflicting acts repealed. Sec. 6. All acts and parts of acts in conflict with this act, are hereby repealed. Act takes effect when. Sec. 7. This act shall take effect immediately. BUOYS AND BEACONS. An act for the protection of buoys and beacons. Damages to buoys and beacons. § 1. § 2. Cost of repairs, and lien for. § 3. Act takes effect when. Damages to buoys and beacons. Section 1. Any person or persons who shall moor any vessel or boat of any kind, or any raft or scow, to any buoy or beacon placed in the waters of California by authority of the United States lighthouse board, or shall in any manner hang on to the same, with any vessel, boat, raft, or scow, or shall willfully remove, damage, or destroy any such buoy or beacon, or any part of the same, or shall cut down, remove, damage, or destroy any beacon or beacons erected on land in this state by the authority aforesaid, shall, for every such offense, be deemed guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction, be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding six months; one third of the fine in such case to be paid to the informer, and two thirds thereof to the lighthouse board, to be used in repairing said buoys and beacons. Cost of repairs, and lien for. Sec. 2. The cost of repairing or replacing any such buoy or beacon which may have been misplaced, damaged, or destroyed by any vessel, boat, raft, or scow being made fast to the same, shall, when said cost shall have been legally ascertained, be a lien upon such vessel, boat, raft, or scow, and recovered against the same, and the owner or owners thereof, in an action of debt, in any court of competent jurisdiction in this state. Act takes effect when. Sec. 3. This act shall take effect from and after its passage. Codification of act. Portion of this statute was codified by Penal Code § 609, ante: See also, ante, § 614. BUTTER. An Act entitled an act to prevent the sale of short-weight rolls of butter. [Approved March 11, 1893; Stats. 1893, p. 151.] Short-weight butter. Any person or persons, firm or corporation, who offers for sale roll-butter not of full weight to each roll, shall be guilty of a misdemeanor. Act takes effect when. This act shall go into effect sixty days after its passage. CONSPIRACY. An Act to limit the meaning of the word "conspiracy," and also the use of "restraining orders" and "injunctions," as applied to disputes between employers and employees in the state of California. [Approved March 20, 1903; Stats. 1903, p. 289.] Combinations in trade disputes not criminal when. Section 1. No agreement, combination, or contract, by or between two or more persons to do or procure to be done, or not to do or procure not to be done, any act in contemplation or furtherance of any trade dispute between employers and employees in the state of California shall be deemed criminal, nor shall those engaged therein be indictable or otherwise punishable for the crime of conspiracy, if such act committed by one person would not be punishable as a crime, nor shall such agreement, combination, or contract be considered as in restraint of trade or commerce, nor shall any restraining order or injunction be issued with relation thereto. Nothing in this act shall exempt from punishment, otherwise than as herein excepted, any persons guilty of conspiracy, for which punishment is now provided by any) act of the legislature, but such act of the legislature shall, as to the agreements, combinations, and contracts hereinbefore referred to, be construed as if this act were therein contained; provided, that nothing in this act shall be con strued to authorize force or violence, or threats thereof. Act takes effect when. Sec. 2. This act shall take effect immediately. An Act making a conspiracy to commit any crime against the person of, or an attempt to kill or commit any assault upon, the President or Vice-President of the United States, the governor of any state or territory, any United States justice or judge, or the secretary of any executive department of the United States, a felony; and providing a penalty therefor. § 1. [Approved February 28, 1903; Stats. 1903, p. 58.] Conspiracy to commit crime against President, etc.; penalty. § 2. Attempt to kill President. Penalty. § 3. Act takes effect when. Conspiracy to commit crime against President, etc.; penalty. Section 1. If two or more persons conspire to commit any crime against the person of the President or VicePresident of the United States, the governor of any state or territory, any United States justice or judge, or the secretary of any of the executive departments of the United States, they are guilty of felony, and upon conviction. thereof, shall be punished by imprisonment in the state prison not less than ten years. Attempt to kill President. Penalty. Sec. 2. Every person who attempts to kill, or who commits any assault upon the President or Vice-President of the United States, the governor of any state or territory, any United States justice or judge, or the secretary of any of the executive departments of the United States, is guilty of a felony; and upon conviction thereof, shall be punished by imprisonment in the state prison not less than ten years. Act takes effect when. Sec. 3. This act shall take effect and be in force from and after its passage. Pen Code-47 |