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Act takes effect when.

Sec. 9. This act shall take effect immediately.

Code commissioner's note to this act. In his "List of Statutes in Force," the code commissioner says of this act: "§ 5 of the act superseded by Pen. Code, § 384b, as adopted in 1905; § 4 superseded by Pen. Code, § 384c, as adopted in 1905; §§ 1-3 probably superseded by Pen. Code, § 602, subds. 8 and 9, as amended in 1905."

FISH.

An Act concerning the payment of the expenses and costs of the trial of persons charged with the violation of the laws for the preservation of fish in the navigable waters of this state.

[1. Approved February 28, 1887; Stats. 1887, p. 5. 2. Amended February 12, 1903; Stats. 1903, p. 20.]

This act, including the title, was amended by an act approved February 12, 1903 (Stats. 1903, p. 20), to read (§ 4 being new) as follows:

An Act providing for the payment of the costs and expenses of all trials and proceedings against any person charged with the violation of the laws of this state for the preservation, protection, or restoration of fish. [Amendment approved February 12, 1903; Stats. 1903, p. 20.]

[Approved February 12, 1903; Stats. 1903, p. 20.]

§ 1. Trials of offenses against fish laws.

Claims for costs, where presented.

§ 2.

§ 3.

Renumbered § 5.]

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§ 5. Act takes effect when.

Trials of offenses against fish laws. Costs.

Costs.

Section 1. The costs and expenses of all trials and proceedings which shall hereafter be had in any county of this state against any person charged with having violated any of the provisions of any law of this state for the preservation, protection, or restoration of fish, shall be borne and paid by the state.

Claims for costs, where presented.

Sec. 2. Any claim against the state for the cost and expenses named in this act shall be presented to the state board of fish commissioners, duly verified, and after approval and allowance by said board, shall be acted upon by

the state board of examiners, and paid out of the fish commission fund.

Sec. 3. [Renumbered § 5.]

Repeal of conflicting acts.

Sec. 4. All acts and parts of acts in conflict with this act are hereby repealed.

Act takes effect when.

Sec. 5. This act shall take effect immediately.

An Act relating to fishing in the waters of this state.
[Approved April 23, 1880; Stats. 1880, p. 123.]

Aliens not allowed to fish in waters of state.

Section 1. All aliens incapable of becoming electors of this state are hereby prohibited from fishing, or taking any fish, lobster, shrimps, or shell-fish of any kind, for the purpose of selling, or giving to another person to sell. Every violation of the provisions of this act shall be a misdemeanor, punishable upon conviction by a fine of not less than twenty-five dollars, or by imprisonment in the county jail for a period of not less than thirty days.

Act takes effect when.

Sec. 2. This act shall take effect and be in force from and after its passage.

Act held unconstitutional: In re Ah Chong, 5 Pac. Coast L. J. 451.

An Act to prevent fishing or the taking of fish by means of weirs, dams, nets, traps or scines in False Bay or in the entrance thereto.

[Approved March 25, 1909; Stats. 1909, p. 751.]

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Protection of fish in False Bay.

Section 1. Any person who, in the waters of False Bay, in the county of San Diego, state of California, or in the entrance of said bay, shall use any weir, dam, net, trap or seine of any description for the purpose of catching fish or who shall, in these waters, take any fish from any weir, dam, net, trap or seine, is guilty of a misdemeanor.

Penalty.

Sec. 2. Any person convicted of the violation of any of the provisions of this act shall be fined not less than ten dol

lars nor more than fifty dollars, or shall be imprisoned in the county jail of said county not less than five days nor more than twenty-five days, or shall be both fined and imprisoned in the discretion of the court.

Act takes effect when.

Sec. 3. This act shall take effect immediately.

An Act to prevent the taking of fish by means of weirs, dams, nets, traps or seines, in certain tide-water on the coast of Mendocino County.

1

[Approved March 25, 1909; Stats. 1909, p. 753. Amended 1911; Stats. 1911, p. 915.]

§ 1.

§ 2.

§ 3.

§ 4.

Protection of fish in certain tide-waters of Mendocino County.
Extent of tide-water.

Act takes effect when.

Act subject to Penal Code, § 634.

Protection of fish in certain tide-waters of Mendocino County.

Section 1. Any person who in the tide-water of the Noyo, Big, Ten-mile, Garcia, Navarro, or Gualala rivers in Mendocino County, shall use any weir, dam, net, trap or seine of any description for the purpose of catching fish, or who shall in any of said tide-water take any fish of any kind from any weir, dam, net, trap, or seine, is guilty of a misdemeanor and is punishable by a fine of not less than ten nor more than fifty dollars, or by imprisonment in the county jail of said county not less than five days nor more than twenty-five days, or by both such fine and imprisonment. Extent of tide-water.

Sec. 2. In the construction and meaning of this act the limits of tide-water in the Noyo River shall be deemed to extend from its mouth to the mouth of the South Fork thereof; in the Big River from the mouth thereof to the Laguna; in the Ten-mile River from the mouth thereof to the Soda Springs; in the Garcia River from the mouth thereof to the mouth of the North Fork thereof; in the Navarro River from the mouth thereof to Barton Gulch; in the Gualala River from the mouth thereof to the mouth of the North Fork thereof.

Act takes effect when.

Sec. 3. This act shall take effect immediately.

Act subject to Penal Code, section 634.

Sec. 4. The provisions of this act are subject to section. 634 of the Penal Code, and the use of such weir, dam, net,

trap or seine for the purpose of catching fish, and the taking of fish from any weir, dam, net, trap or seine in the waters described in this act shall be permitted at the times and in the manner set out in said section 634 of the Penal Code. [Amendment approved April 14, 1911; Stats. 1911, p. 915.]

An Act to prevent the catching of fish by seines, nets, or weirs, in the San Antonio Creek, in the county of Alameda.

[Approved March 20, 1876; Stats. 1875-76, p. 362.]

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§ 3. Act takes effect when.

Use of seines and nets unlawful.

Section 1. It shall not be lawful for any person to catch fish in the waters of the San Antonio Creek, in the county of Alameda, by the use of seines, nets, or weirs.

Penalty for violation.

Sec. 2. Any person violating the provisions of this act shall be subject to a penalty of not less than fifty nor more than one hundred dollars for each offense, or imprisonment in the county jail of the county of Alameda for a term of not less than thirty nor more than sixty days, which penalty may be enforced by any police judge or justice of the peace of said county.

Act takes effect when.

Sec. 3. This act shall take effect and be in force from and after its passage.

Setting of seines or nets for fish: See ante, §§ 636, 636a.

An Act to prohibit the destruction of fish in Alameda County. [Approved March 28, 1878; Stats. 1877-78, p. 598.]

§ 1. Catching fish in Lake Chabot.

§ 2. § 3.

Catching fish in San Leandro Creek. Time of catching defined.
Misdemeanor.

§ 4. Act takes effect when.

Catching fish in Lake Chabot.

Section 1. It shall not be lawful for any person to catch, take, or destroy any fish of any kind in the body of water known as Lake Chabot, in the San Leandro Creek, in Alameda County, belonging to the Contra Costa Water Company, without permission of the owner or owners thereof.

Catching fish in San Leandro Creek. Time of catching

defined.

Sec. 2. It shall not be lawful to take, kill, or destroy any brook or spreckled trout, salmon, or salmon-trout, or any other species of fish in San Leandro Creek and its branches or tributaries, or in any of the streams or watercourses of said county, between the first day of October of each year and the first day of April of the following year.

Misdemeanor.

Sec. 3. Any person violating the provisions of this act shall be guilty of a misdemeanor.

Act takes effect when.

Sec. 4. This act shall take effect and be in force from and after its passage.

An Act to prevent the destruction of fish in King's River. [Approved March 28, 1878; Stats. 1877-78, p. 601.]

Passage of fish through ditches prevented; how. Section 1. The proprietors of all water-ditches and flumes, drawing their supply from the waters of King's River, shall place and keep in good repair at the heads of their respective ditches or flumes, through which all the water from the river entering the ditch or flume shall pass, strips of wood or other material, the meshes between which shall not exceed one inch in width, for the prevention of the passage of fish from the river into the flumes or ditches. Any person taking water from King's River in violation of the provisions of this act is guilty of a misdemeanor.

Screens over mill-races, flumes, pipes, etc.: See antė, § 629.

An Act for the preservation of fish in the waters of Lake Bigler.

[Approved March 30, 1878; Stats. 1877-78, p. 746.]

Catching fish, except by hook and line, in Lake Bigler.
Penalty.

§ 1.

§ 2.

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Catching fish, except by hook and line, in Lake Bigler.

Section 1. It shall not be lawful for any person or persons to catch or kill any fish in the waters of Lake Bigler, or in any stream leading into or from said Lake Bigler, with any seine, gill-net, spear, wire fence, basket, trap-set net, or

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