NOTE.-Stats. 1870, p. 853, Sec. 1. Stats. 1871-2, pp. 102, 103. An Act to prevent the capture and destruction of [Approved February 14, 1872.] [Enacting clause.] SECTION 1. Any person or persons who shall willfully and knowingly shoot, wound, trap, snare, or in any other manner catch or capture any mocking bird in the State of California, or shall knowingly take, injure, or destroy the nest of any mocking bird, or shall take, injure, or destroy any mocking bird's eggs, in the nest or otherwise, in said State, shall be deemed guilty of a misdemeanor, and upon conviction thereof before any Justice of the Peace of the township in which the offense shall have been committed, shall be fined in a sum not less than five dollars nor exceeding ten dollars, and cost of the action for each offense, or may be imprisoned not less than five days nor more than ten days, or by both such fine and imprisonment, as the judgment of the Court may direct. SEC. 2. All fines collected under the provisions of this Act shall be paid into the County Treasury for the benefit of the Common School Fund. SEC. 3. This Act shall take effect and be in force from and after its passage. 627. Every person who, in the Counties of Lassen, Same. Plumas, or Sierra, between the fifteenth day of March and the fifteenth day of September in each year, takes, kills, or destroys quail, partridges, or grouse, or who, in either of such counties, between the fifteenth day of March and the fifteenth day of August in each year, takes, kills, or destroys mallard, wood, teal, spoonbill, or any kind of broadbill ducks, is guilty of a misde meanor. NOTE.-Stats. 1870, p. 853, Sec. 1. 628. Every person who, between the first day of January and the first day of July in each year, takes, kills, or destroys any elk, deer, or antelope, is guilty of a misdemeanor. NOTE.-Stats. 1854, p. 55, Sec. 2. The Act of March 20, 1872 (p. 433, Stats. 1872), is void, being amendatory Destruc tion of elk, etc, when prohibited. Having game in of an Act repealed by the operation of this Code; the only proposed changes thereby intended were to extend the time specified in the text from July 1st to August 1st, generally; and in certain counties, from February 1st to August 1st. 629. Every person who buys, sells, or has in his possession possession any of the game enumerated in the two preduring the time that ceding sections, within the time the taking or killing killing thereof is prohibited. thereof is prohibited, except such as are tamed or kept for show or curiosity, is guilty of a misdemeanor. Use of phospho in certain counties prohibited. NOTE.-Stats. 1854, p. 55, Sec. 3. 630. Every person who, in the Counties of Santa rus on land Clara, Contra Costa, San Joaquin, Santa Cruz, or San Mateo, uses or distributes phosphorus upon any land or ground, between the first day of March and the first day of November in any year, is guilty of a misdemeanor. Taking trout, when NOTE.-Stats. 1863, p. 185, Secs. 1, 3. 631. Every person who, between the fifteenth day prohibited. of October in each year and the first day of April in the following year, takes or catches any trout, is guilty of a misdemeanor. Same. Taking trout by nets, etc., prohibited. NOTE.-Stats. 1862, p. 94; 1868, p. 470; 1870, p. 663; see Stats. 1871-2, p. 385-Act for the preservation of fish in the waters of Siskiyou County—it being local, is not inserted. 632. Every person who, in the Counties of Santa Clara, Santa Cruz, San Mateo, Monterey, Alameda, Marin, Placer, or Nevada, at any time takes or catches any trout, except with hook and line, is guilty of a misdemeanor. NOTE.-Stats. 1868, p. 460. 633. Every person who takes, catches, or kills any trout by the use of nets, weirs, baskets, or traps, is guilty of a misdemeanor. NOTE.-Stats. 1870, p. 664. salmon, 634. Every person who, between the first day of Taking June and the first day of September in each year, prohibited. takes or catches any salmon, is guilty of a misde meanor. poisonous 635. Every person who puts into the waters of this Use of State, or who uses any poisons, or explosive substances, or for the purpose of taking or destroying fish, is guilty substances of a misdemeanor. NOTE.-Stats. 1870, p. 664. explosive in fishing Indians 636. California Indians, taking fish for their own California subsistence, are exempted from the penalties pre- exempted scribed in Sections 631, 632, 633, and 634. NOTE.-Stats. 1870, p. 665, Sec. 9. from and penalties 637. Every owner of a dam or other obstruction Fishways in the waters of this State, who, after being requested ladders, by the Fish Commissioners so to do, fails to construct for not and keep in repair sufficient fishways or ladders on such dam or obstruction, is guilty of a misdemeanor. NOTE.-Stats. 1870, p. 664, Sec. 3. The game laws of this State, and, indeed, the game laws of all the States, are entirely unlike the English game laws, which had their foundation in the idea, odious to republicans, of restricting the right of taking game to certain privileged classes, generally landholders. Under the English statute of 1831, the law was so modified as to enable any one to obtain a certificate or license to kill game on the payment of a fee. The sole object of our game laws is the protection of animals and birds from unreasonable and indiscriminate havoc, leaving all persons free to take or kill game, under certain restrictions as to the means of capture, and seasons of the year consistent with propagation. Sec. 4046, Subd. 23, of the Political Code, authorizes the Board of Supervisors to establish and enforce game laws for their respective counties; which removes from the Legislature this class of legislation and places it where it properly belongs, and where it may be successfully exercised. keeping. 1877 Neglect or postponement out of regular order of telegraphic messages. Limitations. CHAPTER II. OF OTHER AND MISCELLANEOUS OFFENSES. SECTION 638. Neglect or postponement out of regular order of telegraphic messages. Limitations. 639. Agent, operator, or employé using information from messages. 640. Clandestinely learning the contents of a telegraphic message. 641. Bribing telegraphic operator. 642. Collecting tolls, etc., at San Francisco, without authority of Harbor Commissioners. 643. Violations of the provisions of the Chapter relating to police regulations of San Francisco harbor. 644. Enticing seamen to desert. 645. Harboring deserting seamen. 646. Aiding apprentices to run away or harboring them. 647. Vagrants. 648. Issuing or circulating paper money. 649. Officers of fire department issuing false certificates of exemption. 650. Sending letters threatening to expose another. 651. Requiring wards or apprentices to work more than eight hours. 652. Officer or member of National Guard failing to attend parade, obey orders, or discharge duty. 653. Member of National Guard failing to attend parade, etc., when notified. 638. Every agent, operator, or employé of any telegraph office, who willfully refuses or neglects to send any message received at such office for transmission, or willfully postpones the same out of its order, or willfully refuses or neglects to deliver any message received by telegraph, is guilty of a misdemeanor. Nothing herein contained shall 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. any NOTE.-Stats. 1862, p. 289, Sec. 4; see Civil Code Cal., Secs. 2161, 2162, "Carriage of messages;" see, also, "Common carriers of messages," "Order of transmission by telegraph," id., Sec. 2207. operator, or employé using tion from messages. 639. Every agent, operator, or employé of any Agent, telegraph office who in any way uses or appropriates 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. by reason of his trust as such agent, operator, or employé, 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 the County Jail not exceeding one year, or by fine not exceeding five thousand dollars, or by both such fine and imprisonment. NOTE.-Stats. 1862, p. 289, Sec. 3, modified. tinely the con tele graphic 640. Every person who, by means of any machine, Clandes instrument, or contrivance, or in any other manner, willfully and fraudulently reads, or attempts to read, tents of a any message, or to learn the contents thereof, whilst the same is being sent over any telegraph line, or willfully and fraudulently, or clandestinely, learns or attempts to learn the contents or meaning of any message, while the same is in any telegraph office, or is being received thereat or sent therefrom, or who uses or attempts to use, or communicates to others, any information so obtained, is punishable as provided in Section 639. NOTE.-Stats. 1862, p. 289, Sec. 6, modified. 641. Every person who, by the payment or promise of any bribe, inducement, or reward, procures or |