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 of-fer 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-half of all moneys collected for fines for violation of the provisions of this chapter shall be paid to informers, and one-half to the District Attorney of the county in which the action is prosecuted; all other costs shall be charged against the county in which the action is prosecuted. 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 hatching, 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 the provisions of this section is guilty of a misdemeanor. [Approved March 9th, 1883. In effect July 1st, 1883.] Before Amendment 1883, provisions as to forfeiture of nets, etc., held unconstitutional.-57 Cal. 251. 637. Every owner of a dam or other obstruction in the waters of this State, who, after being requested by the Fish Commissioners so to do, fails to construct and keep in repair sufficient fishways or ladders on such dam or obstruction, is guilty of a misdemeanor. See Pol. Code, § 4046, subd. 23. See 10 Mass. 391; 5 Pick. 199. CHAPTER II. OF OTHER AND MISCELLANEOUS OFFENSES. § 638. Neglect or postponement of telegraphic messages. § 639. Employé using information from messages. § 640. Clandestinely learning the contents of a telegram. $ 641. Bribing telegraphic operator. § 642. Collecting tolls, etc., at San Francisco, without authority. § 643. Violations of 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 exemp tion. § 650. Sending letters threatening to expose another. § 651. Requiring apprentices to work more than eight hours. § 652. National Guard failure to attend parade, obey orders, etc. 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 facil itate the escape of any criminal or person accused of crime. וי See Civ. Code, §§ 2161, 2162, 2207. 639. Every agent, operator, or employé of any telegraph office, who in any way uses or appropriates any 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. 640. Every person who, by means of any machine, instrument, or contrivance, or in any other manner, willfully and fraudulently reads, or attempts to read, 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 six hundred and thirtynine. 641. Every person who, by the payment or promise of any, bribe, inducement, or reward, procures or attempts to procure any telegraph agent, operator, or employé to disclose any private message, or the contents, purport, substance, or meaning thereof, or offers to any such agent, operator, or employé any bribe, compensation, or reward for the disclosure of any private information received by him by reason of his trust as such agent, operator, or emPEN. CODE.-23. CHAPTER II. OF OTHER AND MISCELLANEOUS OFFENSES. § 638. Neglect or postponement of telegraphic messages. § 639. Employé using information from messages. § 640. Clandestinely learning the contents of a telegram. § 641. Bribing telegraphic operator. § 642. Collecting tolls, etc., at San Francisco, without authority. § 643. Violations of police regulations of San Francisco harbor. § 644. Enticing seamen to desert. § 645. Harboring deserting seamen. § 646. Aiding apprentices to run away or harboring them. § 648. Issuing or circulating paper money. § 649. Officers of fire department issuing false certificates of exemp tion. § 650. Sending letters threatening to expose another. § 651. Requiring apprentices to work more than eight hours. § 652. National Guard failure to attend parade, obey orders, etc. 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 facil itate the escape of any criminal or person accused of crime. See Civ. Code, §§ 2161, 2162, 2207. 639. Every agent, operator, or employé of any telegraph office, who in any way uses or appropriates any 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. 640. Every person who, by means of any machine, instrument, or contrivance, or in any other manner, willfully and fraudulently reads, or attempts to read, 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 six hundred and thirtynine. 641. Every person who, by the payment or promise of any, bribe, inducement, or reward, procures or attempts to procure any telegraph agent, operator, or employé to disclose any private message, or the contents, purport, substance, or meaning thereof, or offers to any such agent, operator, or employé any bribe, compensation, or reward for the disclosure of any private information received by him by reason of his trust as such agent, operator, or em PEN. CODE.-23. |