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CHAPTER XVIII.

An act to add a new section to the Political Code of the State of California, to be known as section number thirty-six hundred and eleven, relating to the general revenue of the state and to property exempt from taxation.

[Approved February 12, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

property,

exempted

SECTION 1. That a new section is hereby added to the Church Political Code of the State of California, to read as follows: when 3611. All buildings, and so much of the real property from taxa on which they are situated as may be required for the con- tion. venient use and occupation of said buildings, when the same are used solely and exclusively for religious worship, shall be free from taxation; provided, that no building so used which may be rented for religious purposes and rent received by the owner therefor shall be exempt from taxation. That any person claiming property to be exempt from taxation under this section shall make a return thereof to the assessor annually, the same as property is listed for taxation, and shall accompany the same by an affidavit showing that the building is used solely and exclusively for religious worship, and that the described portion of the real property claimed as exempt is required for the convenient use and occupation of such building, and that the same is not rented for religious purposes and rent received by the owner therefor.

SEC. 2. This act shall take effect immediately.

CHAPTER XIX.

An act to repeal an act entitled an act to amend the Code of Civil Procedure by adding a new section thereto, to be numbered 1183, relating to mechanics' liens and regulating the provisions to be contained in building contracts. (Approved March 28, 1901.)

[Approved February 12, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

act relat

liens.

SECTION 1. An act to amend the Code of Civil Procedure by Repeal of adding a new section thereto, to be numbered eleven hundred ing to meand eighty-three and one half, relating to mechanics' liens, and chanics' regulating the provisions to be contained in building contracts (approved March twenty-eighth, nineteen hundred and one), and known as section eleven hundred and eighty-three and one half of the Code of Civil Procedure, is hereby repealed.

SEC. 2. This act shall take effect and be in force immediately on its passage.

Appropria-
tion for
purchase
of ballot
paper.

CHAPTER XX.

An act to appropriate the sum of fourteen hundred and sixteen dollars and fifty cents ($1416.50) for the purchase of ballot paper for secretary of state's office, to be used during the remainder of the fifty-fourth fiscal year.

[Approved February 12, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1. The sum of fourteen hundred and sixteen dollars and fifty cents ($1416.50) is hereby appropriated out of any money in the state treasury not otherwise appropriated, for the purchase of ballot paper, for the secretary of state's office, to be used during the remainder of the fifty-fourth fiscal year. SEC. 2. The controller is hereby authorized to draw his warrant for the amount herein appropriated, and the treasurer is hereby directed to pay the same.

SEC. 3. This act shall take effect immediately.

Defrauding innkeepers, etc.

CHAPTER XXI.

An act to amend an act entitled an act to add a new section to the Penal Code, to be known as section five hundred and thirtyseven, relating to defrauding proprietors and managers of hotels, inns, restaurants, boarding houses, and lodging houses, approved March 1, 1889.

[Approved February 12, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1. Section five hundred and thirty-seven of the Penal Code is hereby amended to read as follows:

537. Any person who obtains any food or accommodation at an hotel, inn, restaurant, boarding house or lodging house without paying therefor, with intent to defraud the proprietor or manager thereof, or who obtains credit at an hotel, inn, restaurant, boarding house, or lodging house by the use of any false pretense, or who, after obtaining credit or accommodation at an hotel, inn, restaurant, boarding house, or lodging house absconds or surreptitiously removes his baggage therefrom without paying for his food or accommodations is guilty of a misdemeanor.

SEC. 2. This act shall take effect from and after its passage.

CHAPTER XXII.

An act to amend sections 628, 629, 632, 635, and 637 of the Penal Code of the State of California, all relating to the preservation and protection of fish, and to repeal all acts and parts of acts in conflict with this act.

[Approved February 12, 1903.]

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1. Section six hundred and twenty-eight of the Penal Code of the State of California, is hereby amended to read as follows:

tion of fish.

season.

628. Every person who, between the first day of January Preserva and the first day of July of each year, buys, sells, takes, catches, or has in his possession any black bass; or who, between the first Close day of April and the fifteenth day of August of each year, buys, sells, takes, catches, or has in his possession any lobster or crawfish; or who, between the first day of May and the first day of September of each year, buys, sells, takes, catches, kills, or has in his possession any shrimp; or who, between the first day of September and the first day of November of each year, buys, sells, takes, catches, kills, or has in his possession any crab; or who, at any time buys, sells, takes, catches, kills, or has in his possession any striped bass of less than three pounds in weight, or any lobster or crawfish of less than nine and one half inches in length, measured from one extremity to the other, exclusive of legs, claws, or feelers; or any sturgeon, or any egg-bearing female lobster, or any female crab, or any crab which shall measure less than six inches across the back, or any abalone shells, or abalones, the shell of which shall measure less than fifteen inches around the outer edge of the shell; or who, by seine or other means, catches the young fish of any species, and does not immediately return the same to the water alive; or who buys, sells, or offers for sale, or has in his possession, any such fish, whether fresh or dried; or who catches, takes, kills, or carries away any fish from any pond or reservoir belonging to, or controlled by, the board of fish commissioners, or any person or corporation, without the consent of the owners thereof, which pond or reservoir has been stocked with fish; or who, except with hook and line, takes, catches, or kills any black bass whatsoever, or any kind of fish, from any river or stream upon which the state or United States fish hatchery is maintained, is guilty of a misdemeanor, and punishable by a fine not less than twenty dollars Penalty. nor more than five hundred dollars, or by imprisonment in the county jail not less than ten nor more than one hundred and fifty days, or by both such fine and imprisonment. All fines Disposi collected for any violation of any of the provisions of this sec- lines. tion must be paid into the state treasury to the credit of the "fish commission fund." Nothing in this section prohibits

Defense.

Screens to be put at inlet of canal,

irrigating

the United States fish commission and the fish commission of this state from taking at all times such fish as they deem necessary for the purpose of artificial hatching. It is no defense in a prosecution for a violation of any of the provisions of this section that the fish were caught or taken outside, or within, this state.

SEC. 2. Section six hundred and twenty-nine of the Penal Code of the State of California is hereby amended to read as follows:

629. Any person or persons, corporation or corporations, owning, in whole or in part, or leasing, operating, or having in charge any mill race, irrigating ditch, or canal, taking or ditch, etc. receiving its waters from any river, creek, stream, or lake in which fish have been placed, or may exist, shall put, or cause to be placed, and maintain, over the inlet of said ditch, canal, or mill race, a screen of such construction and fineness, strength, and quality as shall prevent any such fish from entering such ditch, canal, or mill race, when required to do so by the state board of fish commissioners, and any person or corporation violating any of the provisions of this section, or who shall neglect or refuse to put up or maintain such screen, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than twenty dollars or imprisoned in the county jail of the county in which the conviction shall be had not less than ten days, or by both such fine and imprisonment; and all fines imposed and collected for violation of any of the provisions of this section shall be paid into the state treasury to the credit of the "fish commission fund"; provided, that the continuance from day to day of the neglect or refusal, after notification in writing by the fish commissioners, shall constitute a separate offense.

Trout, close season for.

SEC. 3. Section six hundred and thirty-two of the Penal Code of the State of California is hereby amended to read as follows:

632. Every person who, between the first day of November in any year and the first day of April of the year following, buys, sells, takes, catches, kills, or has in his possession, any variety of trout, except steelhead trout (Salmo gairdneri); or who, between the first day of February and the first day of April; or, between the tenth day of September and the sixteenth day of October of each year, buys, sells, takes, catches, or has in his possession, any steelhead trout (Salmo gairdneri); or who, between the first day of November and the first day of April of the year following, takes, kills, or catches any steelhead trout above tide water; or who, at any time, buys, sells, or offers for sale, any trout of less than one half pound weight, or takes or catches any trout except with hook and line, is guilty of a misdemeanor; provided, however, that steelhead trout (Salmo gairdneri) may be taken in tide water between the first day of April and the tenth day of September of each year, and between the sixteenth day of October and first day of February of the following year, with lawful nets; and a lawful net is a net that when placed in the water

nets

is unsecured and free to drift with the current or tide, and Lawful the meshes of which are, when drawn closely together and defined. measured inside the knot, not less than seven and one half inches in length. Every person found guilty of any violation of any of the provisions of this section must be fined in a sum not less than twenty dollars or be imprisoned in the county jail in the county not less than ten days, or be punished by both such fine and imprisonment, and all fines collected for any violation of any of the provisions of this section must be paid into the state treasury to the credit of the "fish commission fund." Nothing in this section prohibits the United States fish commission and the fish commission of this state from taking at all times such trout as they deem necessary for the purpose of propagation.

SEC. 4. Section six hundred and thirty-five of the Penal Code of the State of California is hereby amended to read as follows:

explosives

tion of

635. Every person who places or causes to be placed Use of in any of the waters of this state, dynamite, gunpowder, or and polluother explosive compound, for the purpose of killing or taking waters. fish; or who takes, procures, kills, or destroys any fish of any kind by means of explosives; or who places or allows to pass, or who places where it can pass into any of the waters of this state, any lime, gas, tar, cocculus indicus, slag, sawdust, shavings, slabs, edgings, mill or factory refuse, or any substance deleterious to fish, is guilty of a misdemeanor, and is punishable by a fine of not less than two hundred and fifty dollars, or by imprisonment in the county jail in the county in which the conviction is had, not less than one hundred and twentyfive days, or by both such fine and imprisonment; and all fines imposed and collected for any violation of any of the provisions of this section shall be paid into the state treasury to the credit of the "fish commission fund."

SEC. 5. Section six hundred and thirty-seven of the Penal Code of the State of California is hereby amended to read as follows:

missioners

dams.

to be constructed.

637. It shall be the duty of the state board of fish Fish comcommissioners to examine, from time to time, all dams and to examine artificial obstructions in all rivers and streams in this state naturally frequented by salmon, shad, and other migratory fish; and if, in their opinion, there is not free passage for fish over or around any dam or artificial obstruction, to notify the owners or occupants thereof to provide the same, within a specified time, with a durable and efficient fishway, of such Fishways form and capacity, and in such location as shall be determined by the fish commissioners, or persons authorized by them, and such fishway must be completed by the owners or occupants of such dam or artificial obstruction to the satisfaction of said commissioners, within the time specified; and it shall be incumbent upon the owners or occupants of all dams or artificial obstructions, where the state board of fish commissioners require such fishways to be provided, to keep the same in repair and open and free from obstructions to the passage of

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