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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 that 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. 1915-1931.

41342. 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 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. 1915–1932.

414. Every person who leaves this state with intent to evade any of the provisions of the last two 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 same manner as he would have been in case such act had been committed within this state.

414a. 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. 1915– 1932.

415. 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 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. 1878-117.


416. If two or more persons assemble for the purpose of disturbing the public peace, or committing any unlawful act, and do not disperse on being desired or commanded so to do by a public officer, the persons so offending are severally guilty of a misdemeanor.

417. Every person who, not in necessary self-defense, in the presence of two or more persons, draws or exhibits any deadly weapon in a rude, angry, and threatening manner, or who, in any manner, unlawfully uses the same, in any fight or quarrel, is guilty of a misdemeanor.

418. Every person using or procuring, encouraging or assisting another to use, any force or violance in entering upon or detaining any lands or other possessions of another, except in cases and in the manner allowed by law, is guilty of a misde


419. Every person who has been removed from any lands by process of law, or who has removed from any lands pursuant to the lawful adjudication or direction of any court, tribunal, or officer, and who afterwards unlawfully returns to settle, reside upon, or take possession of such lands, is guilty of a misde


420. Every person who unlawfully prevents, hinders, or obstructs any person from peacefully entering upon or establishing a settlement or residence on any tract of public land of the United States within the state of California, subject to settlement or entry under any of the public land laws of the United States; or who unlawfully hinders, prevents, or obstructs free passage over or through the public lands of the United States within the state of California, for the purpose of entry, settlement, or residence, as aforesaid, is guilty of a misdemeanor. 1905—675.

421. No association or corporation shall by any constitution, rule, by-law, resolution, vote or regulation, discriminate against any member of the national guard of California because of his membership therein. Any person who willfuly aids in enforcing any such constitution, rule, by-law, resolution, vote or regulation against any member of said national guard of California, is guilty of a misdemeanor. 1905-190.



Crimes Against the Revenue and Property of this State.





424. Embezzlement and falsi. 434. Refusing name of perfication of public ac


employment, counts. sub. 1-7.

penalty. 425. Refusing payment pub- 435. Carrying business lic money.

without license. 426. Public moneys, defined. 436. Unlawfully acting 427. Failure to pay over fine,

auctioneer. how punished.

439. Effecting insurance, com428. Obstructing collecting

panies not licensed. revenue.

440. Books, refusing revenue 429. Assessable property, re

officer right to inspect. fusing list, giving false 441. Board of Examiners, name.

controller, and treasurer 430. False statement refer

negligence, penalties. ence to taxes.

442. Military property, con431. Poll tax receipts, etc.,

version. generally.

44212 U. S. Army uniform, 432. License receipts, posses

wearing forbidden, sion, how punished.

ceptions. 424. Each officer of this state, or of any county, city, town, or district of this state, and every other person charged with the receipt, safe-keeping, transfer, or disbursement of public moneys, who either::-

1. Without authority of law, appropriates the same, or any portion thereof, to his own use, or to the use of another; or,

2. Loans the same or any portion thereof; makes any profit out of, or uses the same for any purpose not authorized by law; or,

3. Knowingly keeps any false account, or makes any false entry or erasure in any account of or relating to the same; or,

4. Fraudulently alters, falsifies, conceals, destroys, or obliterates any such account; or,

5. Willfully refuses or omits to pay over, on demand, any public moneys in his hands, upon the presentation of a draft, order, or warrant drawn upon such moneys by competent authority; or,

6. Willfully omits to transfer the same, when such transfer is required by law; or,

7. Willfully omits or refuses to pay over to any officer or person authorized by law to receive the same any money received by him under any duty imposed by law so to pay over the same;

Is punishable by imprisonment in the state prison for not less than one or more than ten years, and is disqualified from holding any office in this state. 1905–53.

425. Every officer charged with the receipt, safe-keeping, or disbursement of public moneys, who neglects or fails to keep and pay over the same in the manner prescribed by law, is guilty of felony.

426. The phrase "public moneys," as used in the two preceeding sections, includes all bonds and evidence of indebtness, and all moneys belonging to the state, or any city, county, town, or district therein, and all moneys, bonds, and evidence of indebtedness received or held by state, county, district, city, or town officers in their official capacity.

427. If any clerk, justice of the peace, sheriff, or constable, who receives any fine or feiture, refuses or neglects to pay over the same according to law and within thirty days after the receipt thereof, he is guilty of a misdemeanor.

428. Every person who willfully obstructs or hinders any public officer from collecting any revenue, taxes, or other sums of money in which the people of this state are interested, and which such officer is by law empowered to collect, is guilty of a misdemeanor.

429. Every person who unlawfuly refuses, upon demand, to give to any county assesor a list of his property subject to taxation, or to swear to such list, or who gives a false name or fraudulently refuses to give his true name to any assessor, when demanded by such assessor in the discharge of his official duties, is guilty of a misdemeanor.

430. Every person who, in making any statement, not upon oath, al or written, which is required or authorized by law to be made, as the basis of imposing any tax or assessment, or of any application to reduce any tax or assessment, willfully states anything which he knows to be false, is guilty of a misdemeanor.

431. Every person who uses or gives any receipt, except that prescribed by law, as evidence of the payment of any poll-tax, road-tax, or license of any kind, or who receives payment of such tax or license without delivering the receipt prescribed by law, or who inserts the name of more than one person therein, is guilty of a misdemeanor.

432. Every person who has in his possession, with intent to circulate or sell, any blank licenses or poll-tax receipts other than those furnished by the controller of state or county auditor, is guilty of felony.

434. Every person who, when requested by the collector of taxes or licenses, refuses to give to such collector the name and

residence of each man in his employment, or to give such collector access to the building or place where such men are employed, is guilty of a misdemeanor.

435. Every person who commences or carries on any business, trade, profession, or calling, for the transaction or carrying on of which a license is required by any law of this state, without taking out of procuring the license prescribed by such law, is guilty of a misdemeanor.

436. Every person who acts as an auctioneer in violation of the laws of this state relating to auctions and auctioneers, is guilty of a misdemeanor.

439. Every person who in this state procures, or agrees to procure, any insurance for a resident of this state, from any insurance company not incorporated under the laws of this state, unless such company or its agent has filed the bond required by the laws of this state relating to insurance, is guilty of a misdemeanor.

440. Every officer charged with the collection, receipt, or disbursement of any portion of the revenue of this state, who, upon demand, fails or refuses to permit the controlled or attorney-general to inspect his books, papers, receipts, and records pertaining to his office, is guilty of a misdemeanor.

441. Every member of the board of examiners and every controller or state treasurer who violates any of the provisions of the laws of this state relating to the board of examiners, or prescribing its powers and duties, is guilty of a felony.

442. Any person who shall secrete, sel!, dispose of, offer for sale, purchase, retain after demand made by a commissioned officer of the national guard, or in any manner pawn or pledge any arms, uniforms, equipments, or other military property of the State of California, or of any company of the national guard shall be guilty or a misdemeanor. 1905–144.

4421/2. Every person, other than an officer or enlisted man of the national guard or naval militia of the State of California, or of any other state, or of the United States army, navy, marine corps or revenue service or forest service, or inmate of any veterans' or soldiers' home, who at any time wears the uniform of the United States army or navy or national guard, or any part of such uniform, or a uniform or part of a uniform similar thereto, within the bounds of the state of California, is guilty of a misdemeanor, and if found guilty of such offense shall be punishable by a fine of not less than one hundred nor more than two hundred and fifty dollars, or by imprisonment in the county jail not exceeding sixty days, or by both such fine and imprisonment; provided, that nothing in this act shall be construed as prohibiting persons of the theatrical profession from wearing such uniform in any playhouse or theatre while actually engaged in following said

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