shall be let or contracted out at a price less than one dollar per day for each convict; provided further, that this section shall not apply to contracts heretofore entered into. SEC. 26. The board of directors shall have power to contract for the supply of gas and water for said prisons, upon such terms as said board shall deem to be for the best interest of the state, or to manufacture gas or furnish water themselves, at their option. SEC. 27. No officer or employee shall receive, directly or indirectly, any compensation for his services other than that prescribed by the directors; nor shall he receive any compensation whatever, directly or indirectly, for any act or service which he may do or perform for or on behalf of any contractor, or agent, or employee of a contractor. For any violation of the provisions of this section, the officer, agent, or employee of the state shall be discharged from his office or service; and every contractor, or employee, or agent of a contractor engaged therein, shall be expelled from the prison grounds, and not again permitted within the same as a contractor, agent, or employee. SEC. 28. No officer or employee of the state, or contractor or employee of a contractor, shall, without permission of the board of directors, make any gift or present to a convict, or receive any from a convict, or have any barter or dealings with a prisoner. For every violation of the provisions of this section the party engaged therein shall incur the same penalty as prescribed in section twenty-seven. SEC. 29. No officer or employee of the prison shall be interested, directly or indirectly, in any contract or purchase made or authorized to be made by any one for or on behalf of the prisons. SEC. 30. Repealed. [In effect March 14, 1881.] SEC. 31. There shall be printed annually, for the use of the prisons, five hundred copies of the annual report of the board of directors, and the clerk shall annually transmit to each of the state prisons in the United States one copy of such report. SEC. 32. All the bonds of officers and employees under this act shall be deposited with the secretary of state. SEC. 33. If any of the shops or buildings in which convicts are employed are destroyed in any way, or injured by fire, or otherwise, they may be rebuilt or repaired immediately, under the direction of the board of directors, by and with the advice and consent of the governor, attorney-general, and secretary of state, and the expenses thereof paid out of any funds in the state treasury not otherwise appropriated by law. SEC. 34. The board of directors must report to the governor from time to time the names of any and all persons confined in the state prisons who, in their judgment, ought to be pardoned out and set at liberty on account of good conduct, or unusual term of sentences, or any other cause, which, in their opinion, should entitle such prisoner to pardon. SEC. 35. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. In effect April 15, 1880. Stats. 1830, p. 67, Ban. Ed. 243. As amended by act of March 14, 1881.] An Act to create an additional police judge's court for the city and county of San Francisco, to define its powers and jurisdiction. SECTION 1. There is hereby created and established in and for the city and county of San Francisco an additional police judge's court, to be known and designated as the "police judge's court, number 2," which court shall have concurrent jurisdiction of all preliminary examinations of persons charged with felony, and of all misdemeanors and violations of city and county ordinances, and all other offenses of which the police judge's court of said city and county now has jurisdiction. SEC. 2. There shall be, as far as practicable, an equal distribution of cases between the said courts, which cases shall be alternately set down for trial to each court in the order in which the warrants are issued. SEC. 3. The mode of examination, trial, and procedure in the police judge's court number 2 shall in all cases be governed by the same rules prescribed by law for other police courts in similar cases. SEC. 4. A judge of the police judge's court number 2 shall be elected at the same time and in a like manner as the police judge of the police judge's court of said city and connty, and whose term of office shall be the same. The governor of the state of California shall, within thirty days after the passage of this act, appoint some suitable person as judge of the police judge's court number 2, who shall hold such office until his successor has been elected and qualified. The compensation of the judge of the police judge's court number 2 shall be four thousand dollars per annum, payable in the same manner as the salary of the police judge of said city and county is now paid. SEC. 5. The said police judge's court number 2 shall hold its session in the city and county of San Francisco, in such central and convenient place as shall be provided for that purpose by the board of supervisors. The said board of supervisors shall also, within thirty days after the passage of this act, elect some suitable person as prosecuting attorney of the said police judge's court number 2, at the same salary per annum as is now paid to the prosecuting attorney of the police judge's court of said city and county. And said board of supervisors shall elect a clerk of court, at a salary of one thousand eight hundred dollars per annum, payable in the same manner as the salaries of the judge and clerk of the police judge's court of said city and county are now paid. SEC. 6. The judge of the police judge's court number 2 shall be a conservator of the peace in said city and county, and may exercise all the powers conferred by law upon the police judge as magistrate. SEC. 7. The judge of said court shall appoint a suitable person to act as bailiff of said Court, who shall receive a like compensation for such services as is now paid to the bailiff of the police judge's court for said city and county. [In effect March 7, 1881.] An Act to prevent fraud and deception in the manufacture and sale of butter and cheese. SECTION 1. Whoever manufactures, sells, or offers for sale, or causes the same to be done, any substance purporting to be butter or cheese having the semblance of butter or cheese, which substance is not made wholly from pure cream or milk, unless the same be manufactured under its true and appropriate name, and unless each package, roll, or parcel of such substance, and each vessel, containing one or more packages of such substance has distinctly and durably painted, stamped, or marked thereon in English the true and approriate name of such substance, in ordinary bold face capital letters, not less than five lines pica, shall be punished as provided in section three of this act. SEC. 2. Whoever shall sell any such substance as is mentioned in section one of this act, or causes the same to be done without having on each package, roll, or parcel so sold a label attached thereto, on which is plainly and legibly printed in English in roman letters, the true and appropriate name of such substance, shall be punished as is provided in section three of this act. SEC. 3. Whoever shall violate section one or section two of this act shall be guilty of a misdemeanor, and shall be fined in any sum not less than ten nor more than five hundred dollars, or imprisoned in the county jail not less than ten nor more than ninety days, or by both such fine and imprisonment, in the discretion of the court; provided, that nothing contained in this act shall be construed to prevent the use of skimmed milk, salt rennet, or harmless coloring matter in the manufacture of butter or cheese. SEC. 4. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. In effect March, 2, 1881.] INDEX. [The references are to the sections.] Abandonment-of child, 271. of females, for purposes of prostitution, 267. Abortion-administering drugs to procure miscarriage, 274. evidence on trial for, 1108: Accessories-who are, 32. punishment of, 33. violation of election laws, 52. to a lottery, 322. to a misdemeanor, 659. jurisdici.on of indictment against, 791. before the fact, same as principals, 970. and principals, distinction abrogated, 971. Accomplice-evidence of, 1111. Accounts-falsification of public, 424. of corporations, fraudulently keeping, 563. Accusation against officers, to be presented by grand jury, form of, 759. how transmitted and served, 760. prosecnting, if defendant does not appear, 761. form of demurrer to, 763. manner of denial of, 764. if demurrer overruled, defendant must answer, 765. |