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involve the employment of any laborer, workman, or mechanic upon any of the public works, or upon any work, herein before mentioned, shall cause to be inserted therein a stipulation which shall provide that the contractor to whom said contract is awarded shall forfeit, as a penalty, to the state or political subdivision in whose behalf the contract is made and awarded, ten dollars for each laborer, workman, or mechanic employed, in the execution of said contract, by him, or by any subcontractor under him, upon any of the public works, or upon any work, herein before mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of this act; and it shall be the duty of such officer or agent to take cognizance of all violations of the provisions of said act committed in the course of the execution of said contract, and to report the same to the representative of the state or political subdivisions, party to the contract, authorized to pay to said contractor moneys becoming due to him under the said contract, and said representative, when making payment of moneys thus due, shall withhold and retain therefrom all sums and amounts which shall have been forfeited pursuant to the herein said stipulation. Any officer, agent, or representative of the State of California, or of any political subdivision thereof, who shall violate any of the provisions of this section, shall be deemed guilty of misdemeanor, and shall upon conviction be punished by fine not exceeding five hundred dollars, or by imprisonment, not exceeding six months, or by both such fine and imprisonment, in the discretion of the court. En. Stats. 1905, 666.

This is a new section, codifying word for word, the eight-hour law passed at the last session (Stats. 1903, p. 119.)-Code Commissioner's Note.

§ 653d. Retaining wages of employee. Every person who employs laborers upon public works, and who takes, keeps, or receives for his own use any part or portion of the wages due to any such laborers from the state or municipal corporation for which such work is done, is guilty of a felony. En. Stats. 1905, 667.

'This is a new section, codifying the statute of 1871-2, page 951, to protect wages of labor, inserting, however, the words "for his own. use," to make same conform to intention of original act.-Code Commissioner's Note.

See note to § 653b, ante.

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654.

The

There are now in this Code two sections each numbered change consists in renumbering the one approved March 30, 1874, to read 653b.-Code Commissioner's Note.

See note to § 653b, ante.

TITLE XVI.

GENERAL PROVISIONS.

§ 654. Acts made punishable by different provisions of this code. §654a. False representation as to quality or merits of goods sold or advertised; penalty.

§ 655.

656.

Acts punishable under foreign law.
Foreign conviction or acquittal.

§ 657. Contempt, how punishable.

658. Mitigation of punishment in certain cases.

659. Aiding in misdemeanor.

660. Sending letters, when deemed complete.

661.

Removal from office for neglect of official duty. 662. Omission to perform duty, when punishable.

§ 663. Attempts to commit crimes, when punishable. 664. Attempts to commit crimes, how punishable. Restrictions upon the preceding sections.

665.

§ 666.

§ 667.

§ 668.

Second offense, how punished after conviction of former offense.
Second offenses, how punished after conviction of attempt to
commit a state prison offense. (Repealed.)
Foreign conviction for former offense.

669. Second term of imprisonment, when to commence.
670. When term of imprisonment commences, etc.

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§ 679. Coercion or compulsion of persons seeking employment. 679a. Limiting sale of convict-made goods.

§ 680. Payment of wages to employees in a bar-room.

§ 654. Acts made punishable by different provisions of this code. An act or omission which is made punishable in different ways by different provisions of this code may be punished under either of such provisions, but in no case can it be punished under more than one; an acquittal or conviction and sentence under either one bars a prosecution for the same act or omission under any other. In the cases specified in sections six hundred and forty-eight, six hundred and sixty-seven, and six hundred and sixtyeight, the punishments therein prescribed must be substituted for those prescribed for a first offense, if the

previous conviction is charged in the indictment and found by the jury. En. February 14, 1872.

Effect of plea of guilty: See post, sec. 1158.

§ 654a. False representation as to quality or merits of goods sold or advertised; penalty. Any person, firm or corporation doing business in this state as a merchant, who advertises or displays any brand of goods known to the general public and quotes prices in connection therewith as an inducement to attract purchasers to the place of business so advertised, who shall make verbal or show printed or written false statements regarding the quality or merits of the goods advertised is guilty of a misdemeanor. Stats. 1905, 228.

En.

§ 655. Acts punishable under foreign law. An act or omission declared punishable by this code is not less so because it is also punishable under the laws of another state, government, or country, unless the contrary is expressly declared. En. February 14, 1872.

§ 656. Foreign conviction or acquittal. Whenever on the trial of an accused person it appears that upon a criminal prosecution under the laws of another state, government, or country, founded upon the act or omission in respect to which he is on trial, he has been acquitted or convicted, it is a sufficient defense. En. February 14, 1872. Foreign conviction or acquittal: See also post, sec. 668.

§ 657. Contempt, how punishable. A criminal act is not the less punishable as a crime because it is also declared to be punishable as a contempt. En. February 14, 1872.

Criminal contempts: See ante, sec. 166.

When

§ 658. Mitigation of punishment in certain cases. it appears, at the time of passing sentence upon a person convicted upon indictment, that such person has already paid a fine or suffered an imprisonment for the act of which he stands convicted, under an order adjudging it a contempt, the court authorized to pass sentence may mitigate the punishment to be imposed, in its discretion. En. February 14, 1872.

§ 659. Aiding in misdemeanor. Whenever an act is declared a misdemeanor, and no punishment for counsel.

ing or aiding in the commission of such act is expressly prescribed by law, every person who counsels or aids another in the commission of such act is guilty of a misdemeanor. En. February 14, 1872.

Cal. Rep. Cit. 105, 644.

Accessories defined: Sec. 32.

Accessories, how punished: Sec. 33.

§ 660. Sending letters, when deemed complete. In the various cases in which the sending of a letter is made criminal by this code, the offense is deemed complete from the time when such letter is deposited in any postoffice or any other place, or delivered to any person, with intent that it shall be forwarded. En. February 14, 1872.

Threatening letters.-Sending with intent to extort money: Sec. 523.

§ 661. Removal from office for neglect of official duty. In addition to the penalty affixed by express terms, to every neglect or violation of official duty on the part of public officers state, county, city, or township-where it is not so expressly provided, they may, in the discretion of the court, be removed from office. En. February 14, 1872. Removal other than by impeachment: See post, sec. 758 et

seq.

§ 662. Omission to perform duty, when punishable. No person is punishable for an omission to perform an act, where such act has been performed by another person acting in his behalf, and competent by law to perform it. En. February 14, 1872.

punishable.

§ 663. Attempts to commit crimes, when Any person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime intended or attempted was perpetrated by such person in pursuance of such attempt, unless the court, in its discretion, discharges the jury and directs such person to be tried for such crime. En. February 14, 1872.

Cal. Rep. Cit. 142, 14.

§ 664. Attempts to commit crimes, how punishable. Every person who attempts to commit any crime, but fails,

Pen. Code-17

or is prevented or intercepted in the perpetration thereof, is punishable, where no provision is made by law for the punishment of such attempts, as follows:

1. If the offense so attempted is punishable by imprisonment in the state prison for five years, or more, or by imprisonment in the county jail, the person guilty of such attempt is punishable by imprisonment in the state prison, or in a county jail, as the case may be, for a term not exceeding one-half the longest term of imprisonment scribed upon a conviction of the offense so attempted.

pre

2. If the offense so attempted is punishable by imprisonment in the state prison for any term less than five years, the person guilty of such attempt is punishable by imprisonment in the county jail for not more than one year.

3. If the offense so attempted is punishable by a fine, the offender convicted of such attempt is punishable by a fine not exceeding one-half the largest fine which may be imposed upon a conviction of the offense so attempted.

4. If the offense so attempted is punishable by imprisonment and by a fine, the offender convicted of such attempt may be punished by both imprisonment and fine, not exceeding one-half the longest term of imprisonment and onehalf the largest fine which may be imposed upon a conviction for the offense so attempted. En. February 14, 1872. Cal. Rep. Cit. 49, 393; 59, 423; 60, 72; 67, 104; 75, 571; 98, 129; 135, 269; 135, 270; 138, 160; 138, 161. Subd. 1-59, 424; 142, 14.

Attempts included in secs. 216, 217, 220-222 are not included in this section.

§ 665. Restrictions upon the preceding sections. The last two sections do not protect a person who, in attempting unsuccessfully to commit a crime, accomplishes the commission of another and different crime, whether greater or less in guilt, from suffering the punishment prescribed by law for the crime committed. En. February 14, 1872.

§ 666. Second offense, how punished after conviction of former offense. Every person who, having been convicted of petit larceny, or of any offense punishable by imprisonment in the state prison, commits any crime after such conviction, is punishable therefor as follows:

1. If the offense of which such person is subsequently convicted is such that, upon a first conviction, an offender would be punishable by imprisonment in the state prison for any

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