Слике страница
PDF
ePub

placing and maintaining such ladder or of equipping and conveying such hatchery and site, or of planting such fish and cause notices in writing of such time and place where such hearing is to be held to be served upon theowners or persons in charge of such dam or other artificial obstruction, at least ten days before the day set for the hearing. If said request for a hearing upon the order to place and maintain such ladder or to equip such hatchery and site, or to plant such fish, is not made within ten days after the service of such order upon said owners or parties in charge of said dam or other artificial obstruction, said order shall become final. At such time and place testimony, under oath, shall be taken, both on the part of the state board of fish commissioners and the owner or person in charge of such dam or other artificial obstruction, if such owner or persons in charge appears and offers evidence, and thereupon the state board of fish commissioners from the evidence offered shall determine whether or not the necessity for the placing and maintaining a ladder on said dam or other artificial obstruction or the equipping and conveying such hatchery and site or the planting of such fish is shown, and if shown to be required and necessary, said state board of fish commissioners may direct and order the placing and maintaining such ladder or the equipment and conveyaance to the state of said hatchery, equipment and site or the planting of such fish. Such order to also fix the point where the ladder or hatchery and equipment is to be located or the number of and place where such fish are to be planted, and a certified copy of such order to be served upon the owners or parties in charge of such dam or other artificial obstruction.

The evidence in any investigation, inquiry or hearing, provided by this section, may be taken by any of the members of the board of fish and game commissioners, or such deputy fish and game commissioner, or employee, as the board may designate to take such evidence, and each member of the board and any of its deputies and employees designated to take evidence at the hearing provided hereby shall have the power to administer oaths, take affidavits and issue subpoenas for the attendance of witnesses at such hearings. Each witness, legally subpoenaed, attending at a hearing, shall receive for his attendance the same fees and mileage allowed by law to a witness in civil, cases, which amount shall be paid by the party at whose request such witness is subpoenaed.

The superior court in and for the county, or city and county, in which any inquiry, investigation, hearing or proceeding may be held under authority of this section shall have the power to compel the attendance of witnesses, the giving of testimony and the production of papers, as required by any subpoena issued under authority of this section. The commission or representative of the commission before whom the testimony is to be given or produced, in case of the refusal of any witness to attend or testify or produce any papers required by such subpoena, may report to the superior court in and for the county, or city and county, in which the proceedings is pending, by petition, setting forth that due notice has been given of the time and place of attendance of said witnesses, or the production of said papers, and that the witness has been summoned in the manner prescribed in this act, and that the witness has failed and refused to attend or produce the papers required by the subpoena, before the commission or its representative, in the cause or proceeding named in the notice and subpoena, or has refused to answer questions propounded in the course of such proceeding, and ask an order of said court, compelling the witness to attend and testify or produce said papers before the commission or its representative. The court, upon the petition of the commission or its representative, shall enter and order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than ten days from the date of the order, and then and there show cause why he has not attended and testified or produced said papers before the commission or its representative. A copy of said order shall be served upon said witness. If it shall appear to the court that said subpoena was regularly issued by the commission or its representative, the court shall thereupon enter an order that said witness appear before the commission or its representative at the time and place to be fixed in said order, and testify or produce the required papers, and upon failure to obey said order, said witness shall be dealt with as for contempt of court.

The commission or its representative or any party may, in any investigation or hearing before the commission or its representative, cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the superior courts of this state and to that end may compel the attendance of witnesses and the production of documents and papers. 1917-1524.

637a. Every person in the State of California who shall at any time kill or catch, or have in his possession, living or dead, any wild bird other than a game bird, or who shall purchase, offer or expose for sale, transport or ship within or out of the state, any such wild bird after it has been killed or caught, except as permitted by this act, shall be guilty of a misdemeanor.

No part of the plumage, skin or body of any bird protected by this section shall be sold or had in possession for sale, irrespective of whether said bird was captured or killed within or without the state. For the purpose of this act the following only shall be considered game birds: The Anatidae, commonly known as swans, geese, brant and river and sea ducks; the Hallidae, commonly known as rails, coots and gallinules; the Limicolae, commonly known as shore birds, plover, surf birds, snipe, sandpipers, tatlers and curlews; the Gallinae, commonly known

wild turkeys, grouse, prairie chicken, pheasants, partridges, and quails; and the species of Columbidae known as wild pigeons and doves. All other species of wild birds

as

either resident or migratory shall be considered nongame birds; provided, that the English or European house sparrow, the great horned owl, sharp-shinned hawk, Cooper's hawk, duck hawk, butcher bird, white pelican, shag or cormorant, blue jay, housefinch, commonly known as the California linnet, are not included among the birds protected by this act, and provided; further, that in fish and game district one, in fish and game district two, in fish and game district three, in fish and game district four and in fish and game district four and three-quarters the blackbird is not included among the birds protected by this act; provided, further, that nothing in this section shall prohibit the killing of a robin, or other wild bird by the owner or tenant of any premises where such bird is found destroying berries, fruit, or crops growing on such premises, but the birds so killed shall not be shipped or sold; and nothing in this act shall prevent a citizen of California from taking or keeping any wild nongame bird as a domestic pet if such bird shall not be sold or offered for sale, or transported out of the state, a permit to keep the same having being first being obtained from the state board of fish and game commissions. 1925.

637b. The provisions of this chapter prohibiting any person from having in his possession any fish or game or parts thereof at any time, or during the seasons herein specified, shall, unless express provisions be made herein to the contrary, apply to all such fish or game or parts thereof, whether the said fish or game or the fish or game from which the parts were taken were caught or killed in the state of California, or the said fish or game or parts thereof were shipped into this state from any other state, territory or foreign country. 1907–762.

637c. Every person who shoots or otherwise kills, destroys, wounds, maims, takes, captures or cripples, by seines, set-nets, nets, traps, nets or any other kind of fixed, permanent or loose trap or contrivance, any seal or sea lion in any of the waters of the Santa Barbara channel or on, near or about any lands adjacent thereto or in district nineteen, is guilty of a misdemeanor, and upon conviction thereof is punishable by a fine of not less than one hundred dollars or imprisonment in the county jail for not less than sixty days, or by both such fine and imprisonment; provided, that the state fish commission may grant permission to any person whom it deems fit, to kill, trap, net, or capture alive, seals or sealions for scientific or exhibition purposes, the number allowed to be killed or captured to be specified in said permit.

1925.

637d. Every person or corporation acting as a common carrier, its officers, agents or servants, who shall ship, carry, take or transport whether within or beyond the confines of the state any resident or migratory non-game bird, except as permitted by this code, shall be guilty of a misdemeanor. 1909–936.

637e. Sections 637a, 637c, and 637d shall not apply to any person holding a certificate giving the right to take birds their nests or eggs for scientific purposes only, as hereinafter provided. Certificates may be granted by the board of fish commissioners to any properly accredited person permitting the holder thereof to collect birds, their nest: or eggs for scientific purposes only. All certificates authorized by this act shall expire on the 31st, day of December of the year issued, and shall not be transferable. On proof that the holder of such certificate has killed any bird, or has taken the nest or eggs of any bird fur other than strictly scientific purposes his certificate shall become void, the birds, nests or eggs collected under such certificate shall be forfeited, and shall be delivered by the board of fish commissioners to some public museum of natural history in the state, and the holder of the certificate shall be guilty of a misuemeanor. 1909–936.

637f. Every person who shall within the state of California take or needlessly destroy, or attempt to take or destroy the nest or eggi of any wild bird protected by this code, or have such nest or eggs in his possession, except as permitted by this code is guilty of a misdemeanor. 1909–936.

6371/2. Where the words “predatory animals” occur in this chapter, the collowing animals only shall be considered predatory animals: The order Insectivora (moles,shrews), the family Canidae (wolves, coyotes, foxes), the family Procyonidae (ringtail cats, coons), the family Mustelidae (martens, fishers, wolverines, weasels, minks, skunks, badgers), the family Felidae (cougars, wild cats, jack rabbits), the order Rodentia (rats, mice. gophers), except the families Scuiridae and Petauristidae (tree squirrels, flying squirrels), the black-tailed jack rabbit of the order Lagamorpha; the cottontail rabbit and the brush rabbit of the family Leporidae in fish and game districts four, nineteen and twenty-one; and the following species of birds: blue jays, English or European house sparrow, great horned owl, sharp-shinned hawk, Cooper's hawk, duck hawk and house finch, commonly known as California linnet.

1919–719.

or

CHAPTER II.

Other and Miscellaneous Offenses 638. Neglect, sending mes- 650. Threatening letters. ages.

650a. Parole, prisoners expos639. Using confidential infor

ure prohibited. mation.

65042 Persons

property, 640. Tapping wires.

how injured. 640a. Slot machines, fraudu- 651. Wards, etc., hours of lalent operation, etc.

bor. 641. Bribing operators.

652. National guards, diso642. Collecting illegal tolls.

beying orders. 643. San Francisco harbor, 653. Same. police regulations.

653b. School teachers, abuse 644. Felonies, third, fourth,

prohibited. offense, how punished. 653c. Hours of labor, State 645. Carnal abuse, child.

work what. 646. Apprentices, assisting in 653d. Employees' wages, withdesertion.

holding. 647. Vagrant, defined.

653e. Black listing. 648. Counterfeit money,

cir- 65312. Estates, a ppraisers, culation.

what unlawful. 649. Exemption certificates,

fire department. 638. Every agent, operator, or employee of any telegraph or telephone office, who willfully refuses or neglects to send any message received at such office for transmission, or wilfully postpones the same out of its order, or willfully refuses or neglects to deliver any message received by telegraph or telephone, is guilty of a misdemeanor. Nothing herein contained must be construed to require any message to be received, transmitted, or delivered, unless the charges thereon have been paid or tendered, nor to require the sending, receiving, or delivery of any message counseling, aiding, abetting, or encouraging treason against the government of the United States or of this state or other resistance to the lawful authority, or any message calculated to further any fraudulent plan or purpose, or to instigate or encourage the perpetration of any unlawful act, or to facilitate the escape of any criminal or person accused of crime. 1905-690.

639. Every agent, operator, or employee of any telegraph or telephone office, who in any way uses or appropriates any information derived by him from any private message passing through his hands, and addressed to any other person, or in any other manner acquired by him reason of his trust as such agent, operator, or employee, or trades or speculates upon any such information so obtained, or in any manner turns, or attempts to turn, the same to his own account, profit, or advantage, is punishable by imprisonment in the State Prison not exceeding five years, or by imprisonment in

« ПретходнаНастави »