closed, or while any such road or highway, or portion thereof, is in process of construction or maintenance, such department, its officers or appropriate employees, or its contractor under authority from such department or the appropriate officers or employees of such department, may erect or cause to be erected, suitable barriers or obstructions thereon. may post, or cause to be posted, conspicuous notices to the effect that the road or highway, or portion thereof, is closed or directing the traffic, and may place, or cause to be placed, warning lights and lanterns on such road or highway, or portion thereof.

[Penalty for breaking down barriers.] When such road or highway is closed to the public or in process of construction or maintenance, as provided herein, any person who wilfully breaks down, removes, injures or destroys any such barriers or obstructions, or tears down, removes or destroys any such notices, or extinguishes, removes, injures or destroys any such warning lights or lanterns, so erected, posted or placed by such department of engineering, its officers, appropriate employees, or its authorized contractor, shall be guilty of a misdemeanor.

Enactment approved May 20, 1915, Stats. and Amdts. 1915, p. 641. In effect August

8, 1915.

§ 588c. REMOVING STAKES, ETC., OF STATE HIGHWAY, MISDEMEANOR. Any person who wilfully injures, defaces, breaks down or removes any monument or stake placed, erected or used by the state department of engineering, its officers or employees for the purpose of designating any point in the boundary or survey of any state road or highway on or along any such road or highway, or as a part of such road or highway work, shall be guilty of a misdemeanor.

Enactment approved April 23, 1915, Stats. and Amdts. 1915, p. 180. In effect August

8, 1915.

who

§ 589. INJURIES TO TOLL HOUSES AND GATES. Every person maliciously injures or destroys any toll house or turnpike gate, is guilty of a misdemeanor.

Enacted February 14, 1872, founded on § 693 of the New York Penal Code of 1852, § 32 Act May 12, 1853, Cal. Stats. 1853, p. 176.

§ 590. INJURIES TO MILE-STONES AND GUIDE-BOARDS. Every person who maliciously removes, destroys, injures, breaks or defaces any mile-post, board or stone, or guide-post erected on or near any highway, or any inscription thereon, is guilty of a misdemeanor.

Enacted February 14, 1872, founded upon § 694 of the New York Penal Code of 1852, and § 32 Act May 12, 1853, Cal. Stats. 1853, p. 176; amendment approved March 22, 1907, Stats. and Amdts. 1907, p. 892, Kerr's Stats. and Amdts. 1906-7, p. 529.

§ 590a. INFORMER TO RECEIVE HALF OF FINES COLLECTED. One half of all fines imposed and collected under the provisions of section five hundred and ninety shall be paid to the informer who first causes a complaint to be filed charging the defendant with the violation of said section.

Enactment approved March 22, 1907, Stats. and Amdts. 1907, p. 892, Kerr's Stats. and Amdts. 1906-7, p. 530.

§ 590b. DRIVING FASTER THAN A WALK OVER BRIDGES. Every person who rides or drives faster than a walk across any bridge on a public highway, upon which bridge there is displayed a sign or notice stating that it is illegal to ride or drive faster than a walk across the same, is guilty of a misdemeanor.

Enactment approved March 21, 1911, Stats. and Amdts. 1911, p. 428.

§ 591. INJURIES TO TELEGRAPH OR TELEPHONE LINES. Every person who unlawfully and maliciously takes down, removes or obstructs or makes any

unauthorized connection with any line of telegraph or telephone, or any other line used to conduct electricity, or any part thereof, or appurtenances or apparatus connected therewith, or severs any wire thereof, is punishable by imprisonment in the state prison not exceeding five years, or by fine not exceeding five thousand dollars, or imprisonment in the county jail not exceeding one year.

Enacted February 14, 1872, founded upon § 695 of the New York Penal Code of 1852, and 8 Act April 18, 1862, Cal. Stats. 1862, p. 290; amendment by Code Commission, Act March 16, 1901, by insertion of words "or telephone, or any other line used to conduct electricity," Stats. and Amdts. 1900-1, p. 469, act held unconstitutional, see History, § 5, ante; amendment re-enacted March 21, 1905, Stats. and Amdts. 1905, p. 683; amendment approved March 10, 1909, Stats. and Amdts. 1909, p. 272; May 13, 1921, Stats. and Amdts. 1921, p. 97.

§ 592. WATER-DITCHES, ETC., PENALTY FOR TRESPASS OR INTERFERENCE WITH. Every person who shall, without authority of the owner or managing agent, and with intent to defraud, take water from any canal, ditch, flume or reservoir used for the purpose of holding or conveying water for manufacturing, agricultural, mining, irrigating or generation of power, or domestic uses, or who shall without like authority, raise, lower or otherwise disturb any gate or other apparatus thereof, used for the control or measurement of water, or who shall empty or place, or cause to be emptied or placed, into any such canal, ditch, flume or reservoir, any rubbish, filth or obstruction to the free flow of the water, is guilty of a misdemeanor.

Enacted March 20, 1899, Stats. and Amdts. 1899, p. 146.

As to destroying or Injuring canal, flume, acqueduct, levee, etc., see post, 607.
As to larceny of water, see ante, § 499.

§ 593. PENALTY FOR INTERFERENCE WITH ELECTRIC WIRES. Every person who unlawfully and maliciously takes down, removes, injures, interferes with, or obstructs any line erected or maintained by proper authority for the purpose of transmitting electricity for light, heat, or power, or any part thereof, or any insulator or crossarm, appurtenance or apparatus connected therewith, or severs or in any way interferes with any wire, cable, or current thereof, is punishable by imprisonment in the state prison not exceeding five years, or by fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding one year.

Enactment approved March 2, 1901, Stats. and Amdts. 1900-1, p. 92.

§ 593a. DRIVING NAILS, ETC., IN WOOD INtended for MANUFACTURE OF LUMBER. Every person who maliciously drives or places in any saw-log, shingle-bolt, or other wood, any iron, steel, or other substance sufficiently hard to injure saws, knowing that such saw-log, shingle-bolt, or other wood is intended to be manufactured into any kind of lumber, is guilty of a felony.

Enactment by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 469; act held unconstitutional, see History, § 5 ante; amendment re-enacted March 21, 1905, Stats. and Amdts. 1905, p. 683, and being a codification of the Act of February 9, 1876, Stats. 1875-6, p. 32.

§ 594. MALICIOUS MISCHIEF IN GENERAL, DEFINED. Every person who maliciously injures or destroys any real or personal property not his own, in cases otherwise than such as are specified in this code, is guilty of a misdemeanor.

Enacted February 14, 1872.

As to Jurisdiction of police court, see Kerr's Small Pol. Code, § 4426.

§ 595. SPECIFICATIONS IN FOLLOWING SECTIONS NOT RESTRICTIVE OF LAST SECTION. The specification of the acts enumerated in the following sections of this chapter is not intended to restrict or qualify the interpretation of the preceding section.

Enacted February 14, 1872; amendment by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 469; act held unconstitutional, see History, § 5 ante.

§ 596. POISONING CATTLE. Every person who wilfully administers any poison to an animal, the property of another, or maliciously exposes any poisonous substance, with the intent that the same shall be taken or swallowed by any such animal, is punishable by imprisonment in the state prison not exceeding three years, or in the county jail not exceeding one year, and a fine not exceeding five hundred dollars.

Enacted February 14, 1872, founded upon Act March 30, 1868, Stats. 1868, p. 604.
As to cruelty to animals, see post, § 597.

ANIMALS.

§ 597. CRUELTY TO KILLING, MAIMING, TORTURING, OVERDRIVING, OVERLOADING, ETC. Every person who maliciously kills, maims, or wounds an animal, the property of another, or who overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, drink or shelter, cruelly beats, mutilates, or cruelly kills any animal, or causes or procures any animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, drink or shelter, or to be cruelly beaten, mutilated or cruelly killed; and whoever, having the charge or custody of any animal, either as owner or otherwise, subjects any animal to needless suffering, or inflicts unnecessary cruelty upon the same, or in any manner abuses any animal, or fails to provide the same with proper food, drink, shelter or protection from the weather, or who drives, rides or otherwise uses the same when unfit for labor, is for every such offense, guilty of a misdemeanor.

Enacted February 14, 1872, founded upon § 4 Act April 10, 1855, Stats. 1855, p. 106; amendment by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 469, act held unconstitutional, see History, § 5 ante; amendment re-enacted March 21, 1905, Stats. and Amdts. 1905, p. 679, the amended section being a codification of § 6 Act March 20, 1874 (Stats. 1873-4, p. 500), as amended by § 3 Act March 14, 1901, Stats. and Amdts. 1900-1, p. 285; amendment approved April 19, 1909, Stats. and Amdts.- 1909, p. 999. In effect immediately.

As to poisoning animals, see ante, § 596.

§ 597a. UNNECESSARY TORTURE, SUFFERING OR CRUELTY. Whoever carries or causes to be carried in or upon any vehicle or otherwise any domestic animal in a cruel or inhuman manner, or knowingly and wilfully authorizes or permits it to be subjected to unnecessary torture, suffering, or cruelty of any kind, is guilty of a misdemeanor; and whenever any such person is taken into custody therefor by any officer, such officer must take charge of such vehicle and its contents, together with the horse or team attached to such vehicle, and deposit the same in sòme place of custody; and any necessary expense incurred for taking care of and keeping the same, is a lien thereon, to be paid before the same can be lawfully recovered; and if such expense, or any part thereof, remains unpaid, it may be recovered, by the person incurring the same, of the owner of such domestic animal, in an action therefor.

Enactment by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 469; act held unconstitutional, see History, § 5 ante; re-enacted March 21, 1905, Stats. and Amdts. 1905, p. 679, present section a codification of § 7 Act March 20, 1874, Stats. 1873-4, p. 500.

Note: Another § 597a was added by legislature of 1909, given below as § 597a[2].

§ 597a[2]. DOCKING TAILS OF HORSES. It shall be unlawful for any person or persons to dock the tail of any horse, within the state of California, or to procure the same to be done, or to import or bring into this state, any docked horse, or horses, or to drive, work, use, race or deal in any unregistered docked horse, or horses, within the state of California except as provided in section five hundred and ninety-seven d[2] [597d] [2] of this code.

Enactment approved March 15, 1907, Stats. and Amdts. 1907, p. 269, Kerr's Stats. and Amdts. 1906-7, p. 530.

Note: Docking of tails of horses prohibited by act of March 21, 1905, which was a codification of § 7 Act March 14, 1901, and numbered § 599d.

A serious mixup is occasioned by Chapter 220 of laws of session of legislature of 1907, adding four new sections to the Penal Code relating to the docking of horses'

tails, and numbering them 597a, 597b, 597c and 597d, there having been new sections of those numbers added by Act March 21, 1905. These sections have been so numbered with a [2] following, and the sections, as thus numbered, placed in their numerical position, although they sandwich between sections relating to an entirely different matter. No other method of treatment is possible.

§ 597b. FIGHTING ANIMALS. Any person who, for amusement or gain, causes any bull, bear, cock, dog, or other animal to fight with like kind or different kind of animal or creature, or with any human being; or who, for amusement or gain, worries or injures any such bull, bear, cock, dog or other animal, or causes any such bull, bear, cock, dog or other animal to worry or injure each other; and any person who permits the same to be done on any premises under his charge or control; and any person who aids, abets, or is present at such fighting or worrying of such animal or creature, as a spectator, is guilty of a misdemeanor.

Enactment by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 469, act held unconstitutional, see History, § 5 ante; re-enacted March 21, 1905, Stats. and Amdts. 1905, pp. 679, 680, and being a codification of § 8 Act of March 20, 1874 (Stats. 1873-4, pp. 500, 501, Hen. G. L., p. 17); amendment approved March 21, 1907, Stats. and Amdts. 1907, p. 845, Kerr's Stats. and Amdts. 1906-7, p. 530.

§ 597b[2]. REGISTRATION OF DOCKED HORSES. Within thirty days after the passage of this act, every owner, or user of any docked horse, within the state of California, shall register his or her docked horse, or horses by filing in the office of the county clerk of the county in which such docked horse, or horses, may then be kept, a certificate, which certificate shall contain the name, or names of the owner, together with his or her post-office address, a full description of the color, age, size and the use made of such docked horse, or horses; which certificate shall be signed by the owner, or his, or her agent.

[County clerk to keep record.] The county clerk shall number such certificate consecutively and record the name in a book, or register to be kept for that purpose only; and shall receive as a fee for recording of such certificate, the sum of fifty cents, and the clerk shall thereupon issue to such person so registering such horse or horses a certificaté containing the facts recited in this section which upon demand shall be exhibited to any peace officer, and the same shall be conclusive evidence of a compliance with the provisions of section five hundred and ninety-seven a[2] of this code.

Enactment approved March 15, 1907, Stats, and Amdts. 1907, p. 269, Kerr's Stats. and Amdts. 1906-7, p. 530. See note to § 597a[2], ante.

§ 597c. TRAINING FOR CERTAIN PURPOSE, OR BEING PRESENT. Whoever owns, possesses, keeps, or trains any bird or animal, with the intent that such bird or animal shall be engaged in an exhibtion of fighting, or is present at any place, building, or tenement, where preparations are being made for an exhibtion of the fighting of birds or animals, with the intent to be present at such exhibition, or is present at such exhibition, is guilty of a misdemeanor.

Enactment by Code Commission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 469; act held unconstitutional, see History, § 5 ante; re-enacted March 21, 1905, Stats. and Amdts. 1905, p. 680, present section a codification of § 9 Act March 20, 1874, Stats. 1873-4, p. 501.

§ 597c[2]. EVIDENCE. The driving, working, keeping, racing or using of any unregistered docked horse, or horses, after sixty days after the passing of this act, shall be deemed prima facie evidence of the fact that the party driving, working, keeping, racing or using such unregistered docked horse, or horses, docked the tail of such horse or horses. Enactment approved March 15, 1907, Stats. and Amdts. 1907, p. 270, Kerr's Stats. and Amdts. 1906-7, p. 531. See note to § 597a[2], ante.

§ 597d. ARRESTS WITHOUT WARRANTS. Any sheriff, constable, police, or peace officer, or officer qualified as provided in section six hundred and seven f [607f] of