Duty of district attorneys. Jurisdiction. Proviso. Disposition of fines Proviso. Gaming made 14 Cal. 566. Playing made misdemeanor. Testimony of accomplices. Fee of district attorney. House owners permitting gaming. Games prohibited. money knowingly lent or advanced, for any gaming or betting, or lent and advanced at the time and place of such gaming or betting, shall be void and of no effect, as between the parties to the same, and as to all persons, except such as shall hold or claim under them in good faith and without notice of the illegality of the consideration of such contract or conveyance. 3325. SEC. 4. It shall be, and is hereby made the duty of all district attorneys to prosecute all offenses against this act, and to make quarterly reports to the courts of sessions, or boards of supervisors of the county in which such prosecution was had, of the names of all persons who shall have been convicted under the provisions of this act, during the preceding quarter, together with the amount of all fines so imposed and collected from each person so convicted. 3326. SEC. 5. The district courts, courts of sessions, justices of the peace and recorder's courts, in the several counties of this State, shall have full and complete jurisdiction over all cases arising under the provisions of this act, and it shall be the duty of the courts of sessions to give this law in charge, to the grand jury, whose duty it shall be to inquire into and present all cases of a violation of this law; provided, that nothing in this act shall be construed to include the games of billiards and tenpins. 3327. SEC. 6. One-fourth of all fines collected under the provisions of this act, shall go to the district attorney; one-fourth shall be paid into the treasury of the county where the offense was cominitted, and the remainder shall be equally divided, among the various orphan asylums in counties where such asylums exist, and where there are no such asylums, shall go into the "general school fund" of the county. SEC. 7. An act entitled "an act to license gaming," approved March fourteenth, 1851, and an act to amend the third section of an act entitled "an act to license gaming," approved April twenty-ninth, 1851, are hereby repealed. SEO. 8. This act shall take effect and be in force, in thirty days after its passage; provided, that no license referred to in section seven of this act shall be issued after the passage of this act. 3328. SECTION 1. Every person who shall deal, play, carry on, open, or cause to be opened, or who shall conduct, either as owner or employee, whether for hire or not, any game of faro, monte, roulette, lansquenet, rouge et noir, or any banking game played with cards, dice, or any other device, whether the same be played for money, checks, credit, or any representative of value, shall be guilty of felony, and on conviction thereof shall be punished by imprisonment in the State prison for a term not exceeding two years, and by fine not exceeding five thousand dollars. 3329. SEC. 2. Every person who shall bet, hazard, or play money, checks, or any thing of value against said games mentioned in the previous section, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be fined not exceeding five hundred dollars, and imprisoned in the county jail not exceeding six months. 3330. SEC. 3. No person otherwise competent as a witness, shall be disqualified from testifying as a witness, either before a grand or petit jury, concerning the offenses mentioned in the foregoing sections, on the grounds that his testimony may criminate himself, but such testimony shall be reduced to writing, and no indictment or prosecution shall afterwards be brought against him for said offenses, concerning which he has testified as a witness. 3331. SEC. 4. The district attorneys of the various counties of the State shall receive one hundred dollars for every conviction under this act, to be collected out of the property of the party so convicted. 3332. SEC. 5. Every person who shall knowingly permit any of the games mentioned in the first section to be played, conducted or dealt in any house owned by him or her, in whole or part, or rented by him or her, in whole or part, shall be guilty of a misdemeanor, and on conviction shall be fined five thousand dollars, and imprisoned in the county jail six months. An Act to prohibit gaming. Approved March 7, 1860, 69. 3333. SECTION 1. Each and every person who shall deal, play, or carry on, open, or cause to be opened, or who shall conduct, either as owner or employee, whether for hire or not, any game of faro, monte, roulette, lansquenet, rouge et noir, rondo, or any banking game played with cards, dice, or any other device, whether the same be played for money, checks, credit, or any other representative of value, shall be guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not less than one hundred dollars, and not more than one thousand dollars, and shall be imprisoned in the county jail until such fine, together with the costs, of prosecution, to be taxed against the defendant, shall be paid; provided, such imprisonment shall Proviso. not exceed one year. All notes, bills, bonds, mortgages, or other securities or conveyances, the consideration for which shall be for money, or things of value, won by playing at any of said games, shall be void and of no effect as between the parties to the same, and as to all persons, except as to holders in good faith who received them without notice of the illegality of such contract or conveyance. Any person losing money, or anything of value, at or on any of said games, shall have a cause of action to recover from the dealer or player winning the same, or proprietor for whose benefit such game was played or dealt, or such money won, the amount of the money or the value of the thing so lost, as so much money had and received by such player, dealer, or proprietor for whose benefit said money was won, to the use of the person losing the same; provided, suit is commenced for such recovery within six months after such loss; and Proviso. such cause of action shall accrue to any creditor, surety, assignee, or legal representative of such loser. It shall be the especial duty of each and every sheriff, chief of police, and other police-officer, constable, and district attorney, to inform against and diligently prosecute any and all persons whom they shall have reasonable cause to believe are offenders against this act; and for refusal or wilful neglect so to do upon reasonable information, he shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine not less than fifty dollars, nor more than five hundred dollars; and in case any police-officer, who holds his office by the appointment of any board of commissioners or supervisors, or by any similar appointment, is found to be guilty of such neglect or refusal, the court before which he is tried and convicted shall declare his office vacant, and he shall not be permitted to again act as such police-officer for the term of one year after such conviction.(") [Amendment, approved April 27, 1863, 723. 3334. SEC. 2. No person, otherwise competent as a witness, shall be disqualified from Witness not testifying as such, either before a grand or petit jury, concerning the offenses mentioned disqualified. in the foregoing section of this act, on the ground that his testimony may criminate himself; but such testimony shall be reduced to writing, and no indictment of prosecution shall afterwards be brought against him for said offenses concerning which he has testified as a witness. attorney. 3335. SEC. 3. The district attorney in the various counties of this State shall receive Fee of district fifty dollars for each and every conviction under this act, to be collected from the property of the parties so convicted. 3336. SEC. 4. Every person who shall knowingly permit any of the games mention- Renting ed in the first section to be played, conducted, or dealt, in any house owned by him or gaming-houses her, in whole or part, or rented by him or her, in whole or part, shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in a sum of not less than one hundred, nor more than one thousand dollars, and be imprisoned in the county jail until such fine, together with the costs of prosecution, shall be paid. witness to attend. 3337. SEC. 5. If any person or persons, who shall have been summoned as a witness Refusal of on the part of the prosecution shall fail or refuse to attend at the time fixed for the trial, the person or persons so failing or refusing, shall be deemed guilty of a misdemeanor, and on conviction thereof, before a court of competent jurisdiction, shall be punished by a fine of not less than one hundred dollars, nor more than one thousand dollars, or imprisonment in the county jail not more than three months, or both such fine and imprisonment. 3338. SEC. 6. All moneys collected under this act shall be paid into the county Disposition of treasury, and shall constitute a part of the general fund of the county. fines. SEO. 7. All acts and parts of acts in conflict with the provisions of this act, are Repealing clause. hereby repealed; provided, that nothing in this act shall be so construed as to affect Proviso. any criminal proceedings now pending in any of the courts of this State. (*) The original section was the same down to the first proviso, and ended there. Governor to appoint inspector. Term of office. What gas meters are lawful. Inspector to test moters. Gas to be supplied notwith Gas Meters. An Act to provide for the inspection and sealing of gas meters, and for the protection of consumers of illuminating gas. Approved April 27, 1863, 647. 3339. SECTION 1. The governor of this State shall appoint an inspector of gas meters, who shall reside in the City of San Francisco, and whose duty it shall be, when required, to inspect, examine, prove, and ascertain the accuracy of any and all gas meters, used or intended to be used for measuring or ascertaining the quantity of illuminating gas furnished by any gas-light company in this State, to or for the use of any person or persons, and when found to be or made correct, to seal, stamp, or mark all such meters, and each of them, with some suitable device; and such device shall be recorded in the office of the secretary of State. 3340. SEC. 2. Such inspector shall hold his office for the term of four years from the time of his appointment, and until his successor shall be appointed, but may be sooner removed as hereinafter provided. He shall receive for each meter inspected by him two dollars and fifty cents, to be paid, if the meter shall be proved to register correctly, by the consumer; if otherwise, then by the gas company furnishing the gas. Such inspector may appoint a deputy, and such deputy shall have all the authority and powers conferred by this act upon the inspector. Any and every violation of the provisions contained in this act, so far as they relate to the duties of the office of inspector, by either the inspector or his deputy, shall be considered a misdemeanor, and the officer so offending shall, upon conviction, be fined in a sum not less than fifty dollars nor more than five hundred dollars. The governor, upon receiving a certified copy of the record of conviction of the inspector, shall immediately remove such inspector from office, and such inspector shall not be reappointed. 3341. SEC. 3. It shall not be lawful for any corporation, company or person, at any time after this act shall take effect, to furnish and put in use any gas meter which shall not have been inspected, proved, and sealed by said inspector, except during such time as said office of inspector shall be vacant, and except the meters in use when this act takes effect, and which may be removed for examination and repairs. 3342. SEC. 4. Suitable and proper apparatus shall be provided by the said inspector of meters for testing and proving the accurrcy of gas meters, by which apparatus every meter may and shall be tested, on the written request of the consumer to whom the same shall be furnished, and in his presence, if he desire it. If any such meter, on being so tested, shall be found defective or incorrect, to the prejudice or injury of the consumer, the necessary removal, inspection, correction, and replacing of such meter shall be without expense to the consumer, but in all other cases he shall pay the reasonable expenses, not to exceed the sum of two dollars and fifty cents, of such removal, inspection, and replacing; and in case any consumer shall not be satisfied with such inspection of the meter furnished him, and shall give the company written notice to that effect, he may have such meter reinspected by the State inspector (if he require it), upon the same terms and conditions as above provided for the original inspection thereof. 3343. SEC. 5. Upon the application, in writing, of the owner or occupant of any standing arrears building or premises within one hundred feet of any main laid down by the gasof former occu- light company, and payment by him of all money due from him to the company, pant of building. the company shall supply gas as may be required for lighting such building or premises, notwithstanding there may be rent or compensation in arrears for gas supplied, or for meter, pipes, or fittings furnished to a former occupant thereof, unless such owner or occupant shall have undertaken or agreed with the former occupant to pay or to exonerate him from the payment of such arrears, and shall refuse or neglect to pay the same; and if, for the space of ten days after such application, and the deposit of a reasonable sum, as in this act provided (if required), the company shall refuse or neglect to supply gas as required, the company shall forfeit and pay to such applicant the sum of fifty dollars, and the further sum of five dollars for every day thereafter during which such refusal or neglect shall continue; provided, that no such company shall be required to lay service pipe for the purpose of supplying gas to any applicant where serious obstacles exist to laying the same, unless the applicant, if required, shall deposit in advance with the company a sum of money sufficient to pay Proviso. the cost of his portion of the pipe required to be laid, and the expense of laying such portion. company may 3344. SEC. 6. Any officer or other agent of any such gas-light company, for that Officers of purpose duly appointed and authorized by the company, may at all reasonable times, inspect ineters. upon exhibiting a written authority, signed by the president or secretary of the company, enter any dwelling, store, or building, lighted with gas supplied by such company, for the purpose of inspecting and examining the meters for regulating the supply of gas, and of ascertaining the quantity of gas supplied or consumed; and if any person shall at any time, directly or indirectly, prevent or hinder any such officer or agent from so entering any such premises, or from making such inspection or examination at any reasonable time, he shall, for every such offense, forfeit and pay to the company the sum of fifty dollars. off. 3345. SEC. 7. If any person or persons, supplied with gas by any such gas light When persons neglect to pay. company, shall neglect or refuse to pay the rent or remuneration due for the same, or gas may be shut for the meter, pipes, or fittings, let by the company for supplying or using such gas, or for ascertaining the quantity consumed, as required by his or their contract with the company, or shall refuse or neglect, after being required so to do, and thereby authorized to be required, such company may prevent and stop the gas from entering the premises of such person or persons; and in all cases in which such gas-light company is or shall be authorized to cut off, prevent, or stop the supply of gas from any premises, their officers, agents, and workmen may enter into or upon any such premises, between the hours of eight o'clock in the forenoon, and six o'clock in the afternoon, and separate, take, and carry away any such meter, pipe, fittings, or other works, the property of the company, from the mains or pipes of the company. 3346. SEC. 8. Every person who shall wilfully or fraudulently injure or suffer to Penalty for injuring meters. be injured any metter, pipe, and fittings belonging to any such gas-light company, or prevent any meter from duly registering the quantity of gas supplied through the same, or shall alter the index of any such meter, or in any way hinder or interfere with its proper action or just registration, or shall fraudulently burn the gas of said company, or waste the same, shall, for every offense, forfeit and pay to such company the sum of fifty dollars, and in addition thereto, shall pay to said company the amount of damage by them sustained by reason of such injury, prevention, waste, consumption, or hindrance. using gas with 3347. SEC. 9. Every person who shall lay or place, or cause to be laid or placed, Penalty for any pipe to communicate with any main or pipe belonging to any such gas-light com- out consent of pany, or shall otherwise burn or use or cause to be burned or used any gas-supplied company. or manufactured by said company, without having the same passed through the meter furnished for measuring or ascertaining the quantity of gas supplied to and consumed by such person, shall forfeit and pay to said company the sum of one hundred dollars, and in addition thereto, shall also pay to said company the amount of damage by them sustained in consequence or by reason of such forbidden act. SEC. 10. This act shall take effect immediately. Geologist of State. [An Act to create the office of State geologist, and define the duties thereof, approved April 21. 1860, 225, and An Act supplemental to the act of April 21, 1860, approved April 25, 1862, 423, and— These acts appear to have been either executed, or superseded by the following act.] Approved April 4, 1864; 1863-4, 508, duties of. 3348. SECTION 1. J. D. Whitney is hereby appointed State geologist. He shall be State geologist, commissioned by the governor, and it shall be his duty, with the aid of such assistants as he may appoint, to complete the geological survey of this State, and prepare a report of said survey for publication, and superintend the publication thereof. Such report shall be in the form of a geological, botanical, and zoological history of the State, and the number of volumes, and the number of copies of each volume to be printed, and the style, form, maps, diagrams, or illustrations to be contained therein or to be printed separately, shall be determined by the State geologist, and said re Further duties. Appropriation. port, when published, shall be sold upon such terms as the governor and secretary of State may decide upon, and the proceeds of such sales shall be paid into the common school fund of the State. 3349. SEC. 2. It is hereby made the duty of the State geologist and his assistants to devote the time not necessarily required in the preparation and superintendence for publication of the reports provided for in section one of this act, to a thorough and scientific examination of the gold, silver, and copper producing districts of this State, and to such scientific and practical experiments as will be of value in the discovery of mines and the working and reduction of ores. 3350. SEC. 3. The following sums of money are hereby appropriated, out of any money in the State treasury not otherwise appropriated, for the prosecution of the geological survey of the State for the sixteenth and seventeenth fiscal years: For salary of State geologist nine thousand dollars, to be drawn monthly on the last day of each month. For salary of two assistants, six thousand six hundred dollars, to be drawn in the same manner as the salary of the State geologist. For publication of two volumes of report, six thousand dollars. For office rent, and expenses of survey in mining districts, and experiments on ores, and all incidental expenses of work, ten thousand dollars, to be drawn one half each fiscal year. SEC. 4. This act shall take effect immediately. Molesting graveyard or removing body. Proviso. Tearing down fence or destroying trees. Grave-yards on public land. Public graveyards. State buryinggrounds Grave-yards, Cemeteries, Pews, etc. An Act to protect the bodies of deceased persons, and public grave-yards. Passed February 16, 1854, 6. 3351. SECTION 1. Any person or persons who shall enter or molest the inclosure of a public grave-yard, for agricultural, mining, or any other purpose, or who shall disinter, mutilate, or remove the body of any deceased person, after the same has been interred in any grave-yard, vault, or other place of burial, shall be deemed guilty of a misdemeanor, and upon conviction thereof, in a court of competent jurisdiction, shall be punished by imprisonment in the State prison, not less than two nor more than ten years; provided, that nothing herein contained shall be construed to prevent the relations or their agents from removing the body of a deceased relative, or friend. 3352. SEC. 2. Any person or persons who shall tear down, or destroy any fence or inclosure around a public grave-yard, or cause the same to be torn down, or destroy, or remove shade, ornamental, or other trees, unless by direction of the proper authorities, shall be deemed guilty of a public offense, and upon conviction thereof, before any justice of the peace, recorder, or mayor of any incorporated city, shall be punished by imprisonment in the county jail, not less than two nor more than six months, or by fine of not less than one hundred, nor more than five hundred dollars, or by both such imprisonment and fine. 3353. SEC. 3. When grave-yards are located on the public lands, they shall not contain more than an area of five acres. 3354. SEC. 4. Where the bodies of six or more persons are buried, it is hereby declared a public grave-yard. An Act to authorize the incorporation of rural cemetery associations, approved April 18, 1859, 281. See CORPORATIONS-RURAL CEMETERY ASSOCIATIONS, ante, 1060. An Act to provide for the purchase of a burial-place for the use of this State, and for other purposes therein specified. Approved April 28, 1860, 328. [SECTIONS 1, 2, and 3, provided for the purchase of a lot or tract of ground within the City Cemetery of the City of Sacramento, to be known as the "State Burying Grounds;" and the burial there of the remains of Hon. J. C. Bell and Hon. W. Ferguson, etc.] 3355. SEC. 4. The fee to the said State burying-grounds shall be conveyed to and vest in the people of the State of California, and the said ground shall be used as a burial-place for the interment of all persons who, at the time of their decease, held office under the government of the State, or were engaged in the service of the State, and whose friends may so desire. SEC. 5. This act shall take effect on and after its passage. |