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§ 616. DESTROYING OR TEARING DOWN NOTICES, ETC., BEFORE EXPIRATION OF TIME FOR WHICH THEY WERE TO REMAIN SET UP. Every person who intentionally defaces, obliterates, tears down, or destroys any copy or transcript, or extract from or of any law of the United States or of this state, or any proclamation, advertisement, or notification set up at any place in this state, by authority of any law of the United States or of this state, or by order of any court, before the expiration of the time for which the same was to remain set up, is punishable by fine not less than twenty nor more than one hundred dollars, or by imprisonment in the county jail not more than one month. History: Enacted February 14, 1872.

§ 617. INJURING OR DESTROYING WRITTEN INSTRUMENT. Every person who maliciously mutilates, tears, defaces, obliterates, or destroys any written instrument, the property of another, the false making of which would be forgery, is punishable by imprisonment in the state prison for not less than one nor more than five years.

History: Enacted February 14, 1872, founded on § 68 Criminal
Practice Act 1850, Stats. 1850, p. 236.

§ 618. OPENING OR PUBLISHING SEALED LETTERS. Every person who wilfully opens or reads, or causes to be read, any sealed letter not addressed to himself, without being authorized so to do, either by the writer of such letter or by the person to whom it is addressed, and every person who, without the like authority, publishes any of the contents of such letter, knowing the same to have been unlawfully opened, is guilty of a misdemeanor. History: Enacted February 14, 1872, founded on § 111 Criminal Practice Act 1850, Stats. 1850, p. 343.

SEALED LETTERS-OPENING OR
PUBLISHING.

1. Construction of section.

2. False charge-When not a crime.

1. Construction of section.-This section does not make mere opening and reading of sealed letter of another a crime. It must have been wilfully done; to simply say, "You opened and read a letter addressed to me," is not charging and imputing to such

person crime. To open and read sealed letter of another is a crime when done without authority and wilfully.-Greene v. Murdock, 1 Cal. App. 136, 138, 81 Pac. 993.

2. False charge-When not a crime.—In action of slander, false statement charging plaintiff with having opened and read letter addressed to defendant does not charge plaintiff with crime. The allegation should be that it was "wilfully" done.-Greene v. Murdock, 1 Cal. App. 136, 138, 81 Pac. 993.

§ 619. DISCLOSING CONTENTS OF TELEGRAPHIC OR TELEPHONIC MESSAGES. Every person who wilfully discloses the contents of a telegraphic or telephonic message, or any part thereof, addressed to another person, without the permission of such person, unless directed so to do by the lawful order of a court, is punishable by imprisonment in the state prison not exceeding five years, or in the county jail not exceeding one year, or by fine not exceeding five thousand dollars, or by both fine and imprisonment.

History: Enacted February 14, 1872; amended April 15, 1880, Code Amdts. 1880 (Pen. C. pt.), p. 38; amended by inserting the words "or telephonic" after the word "telegraphic" by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 475; act held unconstitutional, see history, § 5 ante; amendment re-enacted March 21, 1905, Stats. and Amdts. 1905, p. 690.

DISCLOSING CONTENTS OF TELE-
GRAPH OR TELEPHONE MESSAGE.

1. Construction of section-Intent of code pro-
vision.

2. Disclosing contents of message-Criminal prosecution.

Construction of

1. section-Intent of code provision.-Section 619 of the Penal Code, construed in connection with sections 620 and 621 thereof relative to the same subject, is manifestly intended to preserve secrecy as to telegraph messages only among all those who have a duty to perform with respect to the dispatch, transmission or delivery thereof. Any other interpretation of that section would cause it to embrace every person who might obtain knowledge of its contents, however learned, or through however so many persons, and to include the sender of the message and persons informed by him of its contents, which would be to give the section an un

reasonable and absurd meaning.-People v. Earl, 19 Cal. App. 69, 124 Pac. 887.

2. Disclosing contents of message-Criminal prosecution.-An indictment assuming to charge the defendant, under section 619 of the Penal Code, with wilfully, unlawfully and feloniously publishing and disclosing the contents of a telegraphic message in defendant's newspaper, without the permission of the addressee, or the order of a court, which does not set forth how or in what manner defendant obtained knowledge of the contents of the telegraphic message, nor that he was connected in any way with the transmitting company, nor that he had any duty to perform with respect to the transmission of the message, fails to show a public offense, and a demurrer thereto was properly sustained.People v. Earl, 19 Cal. App. 69, 124 Pac. 887. As to "wireless message," see, post, section 640 and note.

OR TELEPHONIC MESSAGES.

§ 620. ALTERING TELEGRAPHIC Every person who wilfully alters the purport, effect, or meaning of a telegraphic or telephonic message to the injury of another, is punishable as provided in the preceding section.

History: Enacted February 14, 1872, founded on § 1 Act April 18, 1862, Stats. 1862, p. 288; amended by inserting the words "or telephonic" after the word "telegraphic" by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 475; act held unconstitutional, see history, § 5 ante; amendment re-enacted March 21, 1905, Stats. and Amdts. 1905, p. 690.

§ 621. OPENING TELEGRAPHIC OR TELEPHONIC MESSAGES. Every person not connected with any telegraph or telephone office who, without the authority or consent of the person to whom the same may be directed, wilfully opens any sealed envelope inclosing a telegraphic or telephonic message, addressed to another person, with the purpose of learning the contents of such message, or who fraudulently represents another person and thereby procures to be delivered to himself any telegraphic or telephonic message addressed to such other person, with the intent to use, destroy, or detain the same from the person entitled to receive such message, is punishable as provided in section six hundred and nineteen.

History: Enacted February 14, 1872; amended by inserting the words "or telephone" before the word "office," and the words "or telephonic" before the word "message," by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 475; act held unconstitutional, see history, § 5 ante; amendment re-enacted March 21, 1905, Stats. and Amdts. 1905, p. 690.

As to liability for wrongful opening of telegram, see note, 21 Ann. Cas. 861.

§ 622. INJURING WORKS OF ART OR IMPROVEMENTS IN ANY CITY, TOWN, OR VILLAGE. Every person, not the owner thereof, who wilfully injures, disfigures, or destroys any monument, work of art, or useful or ornamental improvement within the limits of any village, town, or city, or any shade tree or ornamental plant growing therein, whether situated upon

private ground or on any street, sidewalk, or public park or place, is guilty of a misdemeanor.

History: Enacted February 14, 1872.

§ 623. MUTILATION OF BOOKS, ETC., IN PUBLIC LIBRARIES AND MUSEUMS. Every person who maliciously cuts, tears, defaces, breaks, or injures any book, map, chart, picture, engraving, statue, coin, model, apparatus, or other work of literature, art, mechanics, or object of curiosity, deposited in any public library, gallery, museum, collection, fair, or exhibition, is guilty of a misdemeanor.

History: Enacted February 14, 1872; amended March 6, 1901,
Stats. and Amdts. 1900-1, p. 99.

§ 6232. WILFUL DETENTION OF LIBRARY BOOKS. Whoever wilfully detains any book, newspaper, magazine, pamphlet, manuscript, or other property belonging to any public or incorporated library, reading-room, museum or other educational institution, for thirty days after notice in writing to return the same, given after the expiration of the time which by the rules of such institution such article or other property may be kept, is guilty of a misdemeanor and shall be punished accordingly.

History: Became a law, under constitutional provision, without governor's approval, March 14, 1899, Stats. and Amdts. 1899, p. 97.

§ 624. BREAKING OR OBSTRUCTING GAS OR WATER PIPES, ETC. Every person who wilfully breaks, digs up, obstructs, or injures any pipe or main for conducting gas or water, or any works erected for supplying buildings with gas or water, or any appurtenances or appendages therewith connected, is guilty of a misdemeanor.

History: Enacted February 14, 1872, founded on §§ 1, 2 Act May 18, 1861, Stats. 1861, p. 533.

§ 625. DRAWING WATER FROM WORKS AFTER THEY HAVE BEEN CLOSED. Every person who, with intent to defraud or injure, opens or causes to be opened, or draws water from any stop-cock or faucet by which the flow of water is controlled, after having been notified that the same has been closed or shut for specific cause, by order of competent authority, is guilty of a misdemeanor.

History: Enacted February 14, 1872, founded on § 3 Act May 18, 1861, Stats. 1861, p. 533.

§ 625a. UNLAWFUL INTERFERENCES WITH FIRE-ALARM APPARATUS. PENALTY. Any person who wilfully and maliciously tampers with, molests, injures, or breaks any public fire-alarm apparatus, wire, or signal, or wilfully and maliciously sends, gives, transmits, or sounds any false alarm of fire, by means of any public fire-alarm system or signal, is punishable by imprisonment in the county jail, not exceeding one year, or by a fine, not exceeding one thousand dollars, or by both such fine and imprisonment.

History: Enacted March 31, 1903, Stats. and Amdts. 1903, p. 137.

TITLE XV.

MISCELLANEOUS CRIMES.

Chapter I. VIOLATION OF THE LAWS FOR THE PRESERVATION OF GAME AND FISH, §§ 6266371⁄2 [g].

II. OF OTHER AND MISCELLANEOUS OFFENSES, §§638-653.

CHAPTER I.

VIOLATION OF THE LAWS FOR THE PRESERVATION OF GAME AND FISH.

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§ 626h. Sale or possession of deer pelts.

§ 6261. Limit of number of deer [that may be killed].

§ 626j. Tracking deer with more than one dog. Misdemeanor.

§ 626k. Certain game not to be sold.

§ 6261. Permission to take fish and game for scientific, etc., purposes.

§ 626m. Night-time hunting prohibited.

§ 626n. Using animals as blind. Misdemeanor. § 6260. Shooting game from boat, etc. Misdemeanor.

§ 626p. Catching, killing, etc., beaver. Misdemeanor.

$626p[2]. Sea brant may not be killed, when. $626q. Killing sea-otter. Penalty.

§ 626r. Selling aigrettes, etc. Penalty. § 626s. Protection of game in certain districts.

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License to raise domesticated gamebirds or mammals, as a business. Revocation of license.

Protection of trout.

§ 6324. Protection of steelhead trout. [Repealed.]

§ 632a. Shipment of trout. Fine-Disposition

of fines.

§ 632b. Only hook and line to be used where United States hatchery located. [Repealed.]

$632b[2]. Sacramento perch.

§ 632b[3]. Fishing with salmon, etc., roe-bait,

prohibited. [Repealed.]

§ 632b[4]. Fishing through ice, etc. Misde

meanor.

$632c. Sale of trout a misdemeanor.

§ 633.

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§ 626. DUCKS, SNIPE, QUAIL, ETC., MAY NOT BE KILLED, WHEN. Every person who, between the first day of February and the fifteenth day of October, both dates inclusive, of any year, hunts, pursues, takes, kills or destroys or has in his possession any kind of wild duck, or goose, or brant, or mud hen, or gallinule, or Wilson snipe; or who, at any time hunts, pursues, takes, kills, or destroys or has in his possession any rail, or wood duck or wild pigeon or any shore bird, except Wilson snipe, or any sandhill crane, whooping crane or little brown crane;

[Valley quail, rabbits.] Or who, between the first day of February and the fourteenth day of November, both dates inclusive, of any year, hunts, pursues, takes, kills, or destroys, or has in his possession, any desert or valley. quail, or cottontail or brush rabbits;

[Mountain quail.] Or who, between the first day of December and the thirty-first day of August, both dates inclusive, of the following year, hunts, pursues, takes, kills, or destroys, or has in his possession, any mountain quail;

[Grouse.] Or who, between the fifteenth day of October and the fourteenth day of September, both dates inclusive, of the following year, hunts, pursues, takes, kills, or destroys, or has in his possession any grouse;

[Doves.] Or who, between the first day of November and the thirty-first day of August, both dates inclusive, of the following year, hunts, pursues, takes, kills, or destroys, or has in his possession, any dove is guilty of a misdemeanor;

[Sage hens.] Or who, between the first day of October and the fourteenth day of August, both dates inclusive, of the following year, hunts, pursues, takes, kills, or destroys, or has in his possession, any sage hen, is guilty of a misdemeanor; provided, that in fish and game district four every person who at any time hunts, pursues, takes, kills, or destroys, or has in his possession, any sage hen is guilty of a misdemeanor; provided, further, that in fish and game districts numbers two, three, and four, and any fish and game districts lying between the northern boundary of Mendocino county and the southern boundary of San Diego county, every person, who, between the first day of February and the fourteenth day of November, both dates inclusive, of any

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