Humboldt meridian; in the Klamath river to a point on the river north of the residence of James McGarvey; in Smith river, in Del Norte county, from its mouth to Higgins ferry. Nothing in this section shall prohibit the United States fish commission and the fish and game commission of this state from taking at all times such fish as they deem necessary for the purpose of artificial hatching. [Amendment approved April 1, 1911; Stats. 1911, p. 563.]

Citations. App. 8/637.

Use of two-mesh fish net a misdemeanor.

§ 6352. Every person who at any time shall cast, extend or use any two-mesh or three-mesh net or trammel net for the catching of fish, shrimp or shellfish in the waters of this state is guilty of a misdemeanor; and all the fines imposed and collected for any violation of any of the provisions of this section shall be paid into the state treasury to the eredit of the fish and game preservation fund. [New section approved April 8, 1911; Stats. 1911, p. 807.]

Using Chinese shrimp net. Chinese sturgeon lines. Set net. Penalty.

§ 636. Every person who shall cast, extend or use, or continue, or who shall assist in casting, extending, using or continuing any "Chinese shrimp or bag net," or a net of a similar character, for the catching of fish, shellfish, shrimp or crabs in the waters of this state; every person who shall cast, extend, set, use or continue, or have in his possession, or who shall assist in casting, extending or using "Chinese sturgeon lines," set-lines, or lines of a similar character; every person who shall set, use, or continue, or, shall assist in setting, using, or continuing, any pond, weir, set net, set-line, trap, "Chinese shrimp or bag net," or any other fixed or permanent contrivance for catching fish, shellfish, shrimps or crabs in the waters of this state except Fyke nets without wings used solely for the purpose of catching catfish above_tide water between the fifteenth day of July and the fifteenth day of June in the year following-and every net shall be considered a set net that is seeured in any way and not free to drift with the current or tide-is guilty of a misdemeanor, and is punishable by a fine of not less than one hundred dollars, or by imprisonment in the county jail in the county in which the conviction shall be had, not less than fifty days, or by both such fine and imprisonment; and all the fines imposed and collected for any violation of any of the provisions of this section shall be paid into the fish and game preservation fund. [Amendment approved April 1, 1911; Stats. 1911, p. 564.]

Citations. App. 12/589; 14/281.

Seining in Mokelumne river prohibited.

§ 636b. Any person who, in the waters of Mokelumne river in the state of California, shall use any weir, dam, net, trap or seine of any description, for the purpose of catching fish or who shall, in these waters,

take any fish from any weir, dam, net, trap or seine is guilty of a misdemeanor and is punishable by a fine of not less than ten dollars nor more than fifty dollars, or shall be imprisoned in the county jail in which the conviction shall be had for not less than five days or more than twenty-five days or by both such fine and imprisonment; and all fines imposed and collected from 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." [New section approved April 8, 1911; Stats. 1911, p. 812.]

§ 641.

Citations. App. 11/578.

Enticing seamen to desert.

§ 644. [Repealed February 22, 1911; Stats. 1911, p. 71.]

Who is a vagrant. Punishment.

§ 647. 1. Every person (except a California Indian) without visible means of living who has the physical ability to work, and who does not seek employment, nor labor when employment is offered him; or

2. Every beggar who solicits alms as a business; or,

3. Every person who roams about from place to place without any lawful business; or,

4. Every person known to be a pickpocket, thief, burglar or confidence operator, either by his own confession, or by his having been convicted of either such offenses, and having no visible or lawful means of support, when found loitering around any steamboat landing, railroad depot, banking institution, broker's office, place of amusement, auction-room, store, shop or crowded thoroughfare, car, or omnibus, or any public gathering or assembly; or,

5. Every idle, or lewd, or dissolute person, or associate of known thieves; or,

6. Every person who wanders about the streets at late or unusual hours of the night, without any visible or lawful business; or,

7. Every person who lodges in any barn, shed, shop, outhouse, vessel, or place other than such as is kept for lodging purposes, without the permission of the owner or party entitled to the possession thereof; or, 8. Every person who lives in and about houses of ill-fame; or,

9. Every person who acts as a runner or capper for attorneys in and about police courts or city prisons; or,

10. Every common prostitute; or,

11. Every common drunkard,

Is a vagrant and is punishable by a fine of not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. [Amendment became a law, under constitutional provision, without governor's approval, March 28, 1911; Stats. 1911, p 508.]

Citations. App. 12/146.

§ 659.

Citations. App. 8/352.

§ 666.

Citations. Cal. 156/738.

§ 667.

Citations. Cal. 156/738.

§ 668.

Citations. Cal. 156/788.

§ 670.

Citations. App. 8/370, 871.

Public offenses, how prosecuted.

§ 682. Every public offense must be prosecuted by indictment or information, except:

1. Where proceedings are had for the removal of civil officers of the state;

2. Offenses arising in the militia when in actual service, and in the land and naval forces in the time of war, or which the state may keep, with the consent of Congress, in time of peace;

3. Offenses tried in justices' and police courts;

4. All misdemeanors of which jurisdiction has been conferred upon superior courts sitting as juvenile courts. [Amendment approved February 21, 1911; Stats. 1911, p. 68.]

Citations. App. 8/755.

Rights of defendant in criminal action.

§ 686. In a criminal action the defendant is entitled:

1. To a speedy and public trial.

2. To be allowed counsel as in civil actions, or to appear and defend in person and with counsel.

3. To produce witnesses on his behalf and to be confronted with the witnesses against him, in the presence of the court, except that where the charge has been preliminarily examined before a committing magistrate and the testimony taken down by question and answer in the presence of the defendant, who has, either in person or by counsel, crossexamined or had an opportunity to cross-examine the witness; or where the testimony of a witness on the part of the people, who is unable to give security for his appearance, has been taken conditionally in the like manner in the presence of the defendant, who has, either in person or by counsel, cross-examined or had an opportunity to crossexamine the witness, the deposition of such witness may be read, upon its being satisfactorily shown to the court that he is dead or insane, or cannot with due diligence be found within the state; and except also that in the case of offenses hereafter committed the testimony on

behalf of the people or the defendant of a witness deceased, insane, out of jurisdiction, or who cannot, with due diligence, be found within the state, given on a former trial of the action in the presence of the defendant who has, either in person or by counsel, cross-examined or had an opportunity to cross-examine the witness, may be admitted. ment approved March 14, 1911; Stats. 1911, p. 364.]

Citations. App. 13/779; (subd. 3) 13/777; 14/114, 130.

§ 692.

Citations. App. 18/108.

§ 693.

[Amend

§ 812.

Citations. Cal. 155/588, 589. App. 12/478.

Citations. Cal. 155/588, 589. App. 12/478; 18/740.

§ 813.

Citations. Cal. 155/588.

§ 836.

Citations. Cal. 155/531.

§ 858.

Citations. App. 13/324.

§ 872.

Citations. App. 8/742; 9/264; 10/672; 12/498; 13/738, 755.

§ 883.

Citations. App. 9/542.

§ 888.

Citations. App. 11/364; 13/740.

Accepting grand juror.

§ 894. Before accepting a person drawn as a grand juror, the court must be satisfied that such person is duly qualified to act as such juror, but when drawn and found qualified he must be accepted unless the court, on the application of the juror and before he is sworn, shall excuse him from such service for any of the reasons prescribed in chapter I, title III, part I (sections 190-254) of the Code of Civil Procedure. [Amendment approved March 22, 1911; Stats. 1911, p. 433.]

Allowing challenge.

§ 895. No challenge shall be made or allowed to the panel from which the grand jury is drawn, nor to an individual grand juror, unless when made by the court for want of qualification, as prescribed in the next preceding section. [Amendment approved March 22, 1911; Stats. 1911, p. 434.]

Challenging grand juror.

§ 896. [Repealed March 22, 1911; Stats. 1911, p. 434.] Citations. Cal. 157/664.

Challenges, how made.

§ 897. [Repealed March 22, 1911; Stats. 1911, p. 434.] Decision upon challenges.

§ 898. [Repealed March 22, 1911; Stats. 1911, p. 434.] Effect of allowing a challenge to a panel.

§ 899. [Repealed March 22, 1911; Stats. 1911, p. 434.] Effect of allowing challenge to an individual juror.

§ 900. [Repealed March 22, 1911; Stats. 1911, p. 434.] Citations. Cal. 157/665, 666.