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CHAPTER CLXXXIV.

An Act to pay the claim of J. W. Rock, for the construction of a steam launch.

[Approved March 23, 1887.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The sum of five hundred and ninety-five doltion. Claim lars is hereby appropriated out of any money in the General

of J. W.

Rock.

Fund not otherwise appropriated, to pay the claim of J. W. Rock, for the construction of a steam launch; and the Controller is hereby authorized to pay the same.

Quail, partridge, or

grouse.

Eggs of.

Doves.

Male ante

CHAPTER CLXXXV.

An Act to amend sections six hundred and twenty-six, six hundred and thirty-one, and six hundred and thirty-six of an Act entitled "An Act to establish a Penal Code," approved February 14, 1872, relating to fish and game.

[Approved March 24, 1887.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section six hundred and twenty-six of an Act entitled "An Act to establish a Penal Code," approved February fourteenth, eighteen hundred and seventy-two, is hereby amended so as to read as follows:

626. Every person who, in the State of California, between the first day of March and the tenth day of September, in each year, hunts, pursues, takes, kills, or destroys quail, partridges, or grouse, or rail, is guilty of a misdemeanor. Every person who, in any of the counties of this State, at any time, takes, gathers, or destroys the eggs of any quail, partridge, or grouse, is guilty of a misdemeanor. Every person who, in this State, between the first day of January and the first day of June in each year, hunts, pursues, takes, kills, or destroys doves, is guilty of a misdemeanor. Every person who, between the fifteenth day of December in each year and the first day of July in the following year, hunts, pursues, takes, kills, or destroys any male antelope, deer, or buck, is guilty of a misdemeanor. Every person in the State of California who has in his possession any hides or any skins of deer, elk, antelope, or mountain sheep, killed between the fifteenth day of December and the first day of July, is guilty of a misdemeanor. Female deer, Every person who shall at any time, in the State of Caliantelope, etc. fornia, hunt, pursue, take, kill, or destroy any female antelope, elk, mountain sheep, female deer, or doe, shall be guilty of a

lope, deer, or buck.

Skins of.

sex removed.

misdemeanor. Every person who shall at any time hunt, Spotted pursue, take, kill, or destroy any spotted fawn, is guilty of a fawn. misdemeanor. Every person who shall take, kill, or destroy Evidence of any of the animals mentioned in this section, at any time, unless the carcass of such animal is used or presented by the person taking or slaying it, or is sold for food, is guilty of a misdemeanor. Every person who shall buy, sell, offer or expose for sale, transport or have in his possession any deer, or deer skin or hide, from which evidence of sex has been removed, or any of the aforesaid game at a time when it is unlawful to kill the same, provided by this and subsequent sections, is guilty of a misdemeanor.

SEC. 2. Section six hundred and thirty-one of the same Act is hereby amended so as to read as follows:

tridge, etc.

631. Every person who shall at any time net or pound Net or pound any quail, partridge, or grouse, and every person who shall quail, parsell, buy, transport, or give away, or offer or expose for sale, or have in his possession, any quail, partridge, or grouse that have been snared, captured, or taken in or by means of any net or pound, is guilty of a misdemeanor. Proof of possession of any quail, partridge, or grouse, which shall not show evidence of having been taken by means other than a net or pound, shall be prima facie evidence in any prosecution for à violation of the provisions of this section that the person in whose possession such quail, partridge, or grouse is found, took, killed, or destroyed the same by means of a net or pound.

SEC. 3. Section six hundred and thirty-six of the same Act is hereby amended so as to read as follows:

636. Every person who shall set, use, or continue, or who Fish. shall assist in setting, using, or continuing any pound, weir, set net, trap, or any other fixed or permanent contrivance for catching fish in the waters of this State, is guilty of a misdemeanor. Every person who shall cast, extend, or set any seine, or net of any kind, for the catching of, in any river, stream, or slough of this State, which shall extend more than one third across the width of said river, stream, or slough, at the time and place of such fishing, is guilty of a misdemeanor. Every person who shall cast, extend, set, use, or continue, or who shall assist in casting, extending, using, or continuing "Chinese sturgeon lines," or "Chinese shrimp or bag nets," or lines or nets of similar character, for the catching of fish in the waters of this State, is guilty of a misdemeanor. Every person who, by seine or any other means, shall catch the young fish of any species, and who shall not return the same to the water immediately and alive, or who shall sell, or offer for sale, any such fish, fresh or dried, is guilty of a misdemeanor. Every person convicted of a violation of any of the provisions of this chapter shall be punished by fine of not less than fifty dollars, and not more than three hundred dollars, or imprisonment in the county jail of the county where the offense was committed, for not less than thirty days nor more than six months, or by both such fine and imprisonment. One third of all moneys collected for fines for violation of the provisions of

Fish.

this chapter to be paid to informer, one third to the District Attorney of the county in which the action is prosecuted, and one third to the Fish Commissioners of the State of California. Nothing in this chapter shall be construed to prohibit the United States Fish Commissioners or the Fish Commissioners of the State of California from taking such fish as they shall deem necessary for the purpose of artificial hatchery, nor at any time. It shall not be lawful for any person to buy, or sell, or offer or expose for sale, within this State, any kind of trout (except brook trout) less than eight inches in length. Any person violating any of the provisions of this section is guilty of a misdemeanor. The Board of Supervisors of the several counties of this State are authorized by ordinance, duly passed and published, to change the beginning or ending of the close season named in section six hundred and twenty-six of this Code, so as to make the same conform to the needs of their respective counties, whenever, in their judgment, they deem the same advisable.

SEC. 4. This Act shall take effect and be in force from and after its passage.

Adopt by

ernment of district.

CHAPTER CLXXXVI.

An Act to amend sections three thousand four hundred and fiftytwo, three thousand four hundred and fifty-three, and three thousand four hundred and fifty-four of the Political Code, relative to the adoption of by-laws, the election of Trustees, their powers, duties, and compensation, in reclamation districts of this State.

[Approved March 24, 1887.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. Section thirty-four hundred and fifty-two of the Political Code is amended to read as follows:

3452. After the approval of the petition, the owners of laws for goy-land embraced in the district, or those owning a majority in acreage thereof, must adopt by-laws, not inconsistent with the laws of the State, for the government and control of the affairs of the district. The by-laws thus adopted must be signed by the holders of certificates of purchase, patents, or other evidences of title, representing a majority in acreage of the land embraced in the district, and must be by them filed for record with the County Recorder of the county, and by him recorded in a book kept by him for the purpose of recording instruments and writings relating to reclamation. By-laws thus adopted may be amended at any time in the same manner that the original by-laws were adopted.

File with
County
Recorder.

Amended.

Election;

SEC. 2. Section thirty-four hundred and fifty-three of the Political Code is amended to read as follows:

3453. After the approval of the petition and the adoption when called, of by-laws, the Board of Supervisors of the county where the district was formed, on the application of a land owner of

Trustees.

the district, must call an election in compliance with the provisions of section thirty-four hundred and ninety-one of this Code, at which election there must be elected, under and in pursuance of the provisions of said section thirty-four hundred and ninety-one, three eligible persons, who shall constitute, when elected and qualified, the Board of Trustees of Board of the district, for the management of the affairs thereof, and who shall hold office for two years next succeeding their election, and until their successors are elected and qualified. The Board of Trustees must keep an office in or near the dis- Records. trict for the transaction of the business thereof, and the books, maps, papers, records, contracts, and other documents pertaining to the affairs of the district, must be open to inspection by any person interested, at all times.

SEC. 3. Section thirty-four hundred and fifty-four of the Political Code is hereby amended to read as follows:

3454. The Board of Trustees have power to elect one of Powers of their number President thereof; to employ engineers and Board. others to survey, plan, locate, and estimate the cost of the works necessary for the reclamation of the lands of the district; to acquire by purchase, condemnation, or otherwise, the right of way, and the right to take material for the construction of all works necessary for the accomplishment of that object, including drains, canals, sluices, bulkheads, water-gates, levees, and embankments, and to construct, maintain, and keep in repair all works requisite and necessary to that end; and to do all other acts and things necessary or required for the reclamation of the lands embraced in the district. And the several members of the Board shall each Compensabe entitled to receive, for actual and necessáry services performed, and for expenses incurred by them respectively, for and in the interest of the district, such compensation as the Board may determine to be just and reasonable, and shall allow, and the same shall constitute indebtedness of the district, for which warrants of the district must be drawn and paid in the same manner and out of the same fund as other warrants of the district; provided, that no warrant thus Proviso. drawn shall be valid until approved by the Board of Supervisors of the proper county.

SEC. 4. This Act shall take effect from and after its pas

sage.

tion.

Appropriation pur

etc.

CHAPTER CLXXXVII.

An Act making appropriations for the purchase of additional jute machinery and the erection of additional buildings for the manufacture of jute goods for the State Prison at San Quentin, and other expenses incidental and relating thereto.

[Approved March 24, 1887.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

SECTION 1. The sum of one hundred and sixty thousand chase of jute dollars is hereby appropriated out of any money in the State machinery, Treasury not otherwise appropriated, to be paid to the State Board of Prison Directors, to pay for the purchase of additional jute machinery and the erection of buildings for the manufacture of jute goods, and other expenses immediately appertaining to the carrying out of the object of this Act, for the State Prison at San Quentin; and the State Controller is hereby ordered and directed to draw the necessary warrants therefor, and the State Treasurer is hereby directed to pay the same.

SEC. 2. This Act shall take effect immediately.

Cause to be shown why

be granted.

CHAPTER CLXXXVIII.

An Act relating to the dissolution and modification of injunctions, and amending sections five hundred and thirty and five hundred and thirty-two of the Code of Civil Procedure.

[Approved March 24, 1887.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

Sections five hundred and thirty and five hundred and thirty-two of the Act of the Legislature of California, approved March eleventh, eighteen hundred and seventy-two, entitled "An Act to establish a Code of Civil Procedure," is hereby amended to read as follows:

530. If the Court or Judge deem it proper that the defendinjunction ant, or any of several defendants, should be heard before should not granting the injunction, an order may be made requiring cause to be shown, at a specified time and place, why the injunction should not be granted; and the defendant may, in the meantime, be restrained. In all actions pending or which may be hereafter brought, when an injunction or restraining order has been or may be granted, or applied for, to prevent the diversion pending the litigation, of water used or to be used for irrigation or domestic purposes only, if it be made to appear to the Court that the plaintiff is entitled to the in

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