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tion, or for scientific purposes, must first be obtained by permit in writing from the game commissioner of the state board of fish commissioners. En. Stats. 1895, 259. Rep. 1897, 93. En. Stats. 1901, 821.

Legislative History.

The section repealed in 1897 prohibited shooting on posted land, and had no relation to the above provisions.


DITCH, ETC. Sec. 629, Pen. C. Any person or persons, corporation or corporations, owning, in whole or in part, or leasing, operating, or having in charge any millrace, irrigating ditch, or canal, taking or 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 millrace, a screen of such construction and fineness, strength, and quality as shall prevent any such fish from entering such ditch, canal, or millrace, 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. En. February 14, 1872. Rep. 1883, 82. En. Stats. 1895, 260. Am. 1903, 24.

Legislative History.

The section repealed in 1883 had no relation to the above provisions. The amendment of 1903 changed the penalty, and provided for the disposition of the fines, otherwise the section is as passed in 1895.


GENERAL PROVISIONS. § 679. Coercion or compulsion of persons seeking employment. COERCION OR COMPULSION OF PERSONS SEEKING EMPLOY.

MENT. Sec. 679, Pen. C. Any person, or corporation within this state, or agent or officer on behalf of such person or corporation, who shall hereafter coerce or compel any person or persons to enter into an agreement, either written or verbal, not to join or become a member of any labor organization, as a condition of such person or persons securing employment or' continuing in the employment of any such person or corporation, shall be guilty of a misdemeanor. En. Stats. 1893, 176.

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§ 1390. Summons upon information against corporation.
$ 1391. Form of summons.
$ 1392. When and how served.
$ 1393. Examination of the charge.
§ 1394. Certificate of magistrate and return of depositions.
$ 1395. Grand jury to investigate if there is sufficient cause.
§ 1396. Appearance and plea.

1397. Fine on conviction, how collected.


Sec. 1390, Pen. C. Upon an information or presentment against a corporation, the magistrate must issue a summons signed by him, with his name of office, requiring the corporation to appear before him, at a specified time and place, to answer the charge, the time to be not less than ten days after the issuing of the summons. En. February 14, 1872.


Sec. 1391, Pen. C. The summons must be substantially in the following form:

County of (as the case may be).

The people of the state of California to the (naming the corporation) :

You are hereby summoned to appear before me at (naming the place), on (specifying the day and hour), to answer a charge made against you upon the information of A. B. (or the presentment of the grand jury of the county, as the case may be), for (desiguating the offense generally).

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Dated at the city (or township), of — this — (

day of eighteen G. H., justice of the peace, (or as the case may be). En. February 14, 1872.


Sec. 1392, Pen. C. The summons must be served at least five days before the day of appearance fixed therein, by delivering a copy thereof and showing the original to the president or other head of the corporation, or to the secretary, cashier, or managing agent thereof. En. February 14, 1872.


Sec. 1393, Pen. C. At the appointed time in the summons, the magistrate must proceed to investigate the charge in the same manner as in the case of a natural person, so far as these proceedings are applicable. En. February 14, 1872.


TIONS. Sec. 1394, Pen. C. After hearing the proofs, the magistrate must certify upon the depositions, either that there is or is not sufficient cause to believe the corporation guilty of the offense charged, and must return the deposition and certificate, as prescribed in section 883. En. February 14, 1872.


CAUSE. Sec. 1395, Pen. C. If the magistrate returns a certificate that there is sufficient cause to believe the corporation guilty of the offense charged, the grand jury may proceed, or the district attorney file an information thereon, as in case of a natural person held to answer. En. February 14, 1872. Amd. 1880, 29.

Legislative History.

The words “or district attorney file an information thereon" were added by the amendment.


Sec. 1396, Pen. C. If an indictment is found, or information filed, the corporation may appear by counsel to answer the same. If it does not thus appear, a plea of not guilty must be entered, and the same proceedings had thereon as in other cases. En. February 14, 1872. Amd. 1880, 29.

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Legislative History.

The words “or information filed” were added by the amendment.


Sec. 1397, Pen. C. When a fine is imposed upon a corporation on conviction, it may be collected by virtue of the order imposing it, by the sheriff of the county, out of its real and personal property, in the same manner as upon an execution in a civil action. En. Feb. 14, 1872.

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