giving such authority to a majority of them, unless it be otherwise expressed in the act giving the authority.

Eighteenth. When the seal of a court or public officer is required by law to be affixed to any paper, the word "seal" includes an impression of such seal upon the paper alone, or upon any substance attached to the paper capable of receiving a visible impression. The seal of a private person may be made in like manner, or by the scroll of a pen, or by writing the word seal'' against his name.

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Nineteenth. The word "State," when applied to the different parts of the United States, includes the District of Columbia and the Territories, and the words United States" may include the District and Territories. [Ap proved March 30th, in effect July 1st, 1874.]

[Subd. 1. Willfully means designedly, intentionally-37 Ala. 154; 9 Met. 268; yet it frequently signifies an evil intent without justifiable excuse-10 Ala. 928; 3 Eng. 451; 5 Whart. 427; 12 Ad. & E. 629.

Subd. 2. Acts of omission, as well as acts of commission, may be negligent-2 Blatchf. 528; 5 McLean, 242.

Criminal negligence is an unlawful act done carelessly or a lawful act done without due caution-7 Ga. 13; 4 Mason, 505; 11 Humph. 159; 6 B. Mon. 170; Anth. 208; or an omission of a legal duty-2 Blatchí. 528; 5 McLean, 242.

Subd. 4. Malice is ill-will against a person-34 Cal. 48; 36 id. 255. In its legal sense it is an unlawful act done intentionally, without just cause or excuse-34 Cal. 48; 36 1d. 255; 3 Story, 7; I Sum. 394; 2 id. 586; 3 Mason, 102; 4 id. 115; 5 id. 192; 23 Mo. 287; 122 Mass. 19; 12 Fla. 117; 2 Rich. 179; 2 Dev. 425.

Subd. 6. Any valuable thing is a bribe-10 Iowa, 212.

Subd. 16. Construction of terms.-Resort must be had to the natural signification of the words-84 Ill. 626. Words are to be taken in their natural and obvious sense, and not in a sense unreasonably restricted or enlarged-1 Wheat. 304; 27 N. Y. 400; and the peculiar sense in which a word is used is to be determined by the context-5 Peters, 1; 81d. 591. The word person includes corporations-24 Ohio St. 611; 23 Ind. 362. See 126 Mass. 61; 74 N. Y. 302.

8. Whenever, by any of the provisions of this Code, an intent to defraud is required in order to constitute any offense, it is sufficient if an intent appears to defraud any person, association, or body politic or corporate, what

ever.

19. The omission to specify or affirm in this Code any liability to damages, penalty, forfeiture, or other remedy

imposed by law, and allowed to be recovered or enforced in any civil action or proceeding, for any act or omission declared punishable herein, does not affect any right to recover or enforce the same.

10. The omission to specify or affirm in this Code any ground of forfeiture of a public office, or other trust or special authority conferred by law, or any power conferred by law to impeach, remove, depose, or suspend any public officer or other person holding any trust, appointment, or other special authority conferred by law, does not affect such forfeiture or power, or any proceeding authorized by law to carry into effect such impeachment, removal, deposition, or suspension.

11. This Code does not affect any power conferred by law upon any court-martial, or other military authority or officer, to impose or inflict punishment upon offenders; nor any power conferred by law upon any public body, tribunal, or officer, to impose or inflict punishment for a contempt,

12. The several sections of this Code which declare certain crimes to be punishable as therein mentioned, devolve a duty upon the court authorized to pass sentence, to determine and impose the punishment prescribed.

13. Whenever in this Code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case must be determined by the court authorized to pass sentence, within such limits as may be prescribed by this Code.

14. The various sections of this Code which declare that evidence obtained upon the examination of a person as a witness cannot be received against him in any criminal proceeding, do not forbid such evidence being proved against such person upon any proceedings founded upon a charge of perjury committed in such examination.

15. A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding

it, and to which is annexed, upon conviction, either of the following punishments:

o First.

Death.

Second. Imprisonment.

Third. Fine,

Fourth. Removal from office; or,

Fifth. Disqualification to hold and enjoy any office of honor, trust, or profit in this State.

Crime defined-76 Ill. 218. It includes every offense made punishable by law-24 How. 99. See Desty's Crim. Law, § 1 a. Punishment-see id. chap. viii, §§ 46-55.

Division of crimes into felonies and misdemeanors-see Desty's Crim. Law, § 2 a.

17. A felony is a crime which is punishable with death, or by imprisonment in the State prison. Every other crime is a misdemeanor. When a crime punishable by imprisonment in the State prison is also punishable by fine or imprisonment in a county jail, in the discretion of the court, it shall be deemed a misdemeanor for all purposes after a judgment imposing a punishment other than imprisonment in the State prison. [Approved

March 7th, 1874.]

Felony defined-20 Cal. 117; 7 Blackf. 186; 8 id. 489; 58 Ga. 200; 3 Tex. Ct. App. 114.

Discretion of court as to punishment-6 Cal. 245; 56 Ga. 545; 58 fd. 200. But the discretion given in some cases to assess a lighter punishment does not reduce the grade of the offense-7 Mo. 83; id. 293; 19 id. 224; 9 id. 730; 44 Cal. 96. In some States the statute directs the jury to assess the punishment, and in others a division of the responsibility is provided for. See Desty's Crim. Law, § 46 b.

Gif 18. Except in cases where a different punishment is prescribed by this C Code, every offense declared to be a felony is punishable by imprisonment in the State prison to jo ob girde not exceeding five years.

19. Except in cases where a different punishment is prescribed by this Code, every offense declared to be a misdemeanor is punishable by imprisonment in a county

jail not exceeding six months, or by a fine not exceeding five hundred dollars, or by both.o

Punishment for misdemeanor.-1 Gall. 488; 1 Hayw. 176. See Desty's Crim. Law, § 51 a.

20. In every crime or public offense there must exist a union, or joint operation of act and intent, or criminal negligence.

There must be a joint operation of act and intent-29 Cal. 679; 34 id. 183; 52 Ala. 393; 58 id. 390; 9 Ark. 42; 2 B. Mon. 419; 1 Dev. & B. 121; 38 Ga, 507; 76 111. 218; 8 Ind. 290; 20 Johns. 427; 2 Mass. 138; 50 Pa. St. 10; 10 Vt. 353. See Desty's Crim. Law, § 5 a. See post, notes under § 22.

21. The intent or intention is manifested by the cir cumstances connected with the offense, and the sound mind and discretion of the accused. All persons are of sound mind who are neither idiots nor lunatics, nor affected with insanity.

Intent inferred from acts-76 Ill. 218; 1 Colo. 436; 58 Ala. 425; 50 Vt. 316. See Desty's Crim, Law, $6 a.

Presumption from acts.-The law presumes that the natural, neces sary, and even probable consequences were intended by the doer of the act, if of sound mind. See Desty's Crim, Law, § 6 a.

Responsibility for crime see Desty's Crim. Law, § 23 a. Test of-id. § 23 a. Idiocy, in what consists-id. § 24 a. Insanity-id. § 25. Burden of proof. The burden of proof of insanity is on him who pleads it-People v. Bell, 49 Cal. 488. See Desty's Crim. Law, § 29 a.

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22. No act committed by a person while in a state of voluntary intoxication is less criminal by reason of his having been in such condition. But, whenever the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive, or intent with which he committed the act.pl 197 ngga

Voluntary intoxication is no excuse for crime-21 Cal 545; 27 1d. 514; 43 id. 352. See Desty's Crim. Law, § 26 a. ( DB DSTRIHA May be considered by jury, as to degree of the crime, and in mitiof the offense-see Law, § 27,a.

In rebuttal of malice see Crim. Law, $ 27 b; or to disprove criminal intent id. § 27 cgio dezległa 252 Involuntary intoxication, may excuse see Desty's Crim. Law, 28 a. So of insanity produced by intoxication-id. § 28 b. Burden of proof is on him who pleads It.49 Cal. 488. See Desty'ı Crim. Law, § 29 a.

23. Nothing in this Code affects any of the provisions of the following statutes, but such statutes are recognized as continuing in force, notwithstanding the provisions of the Codes, except so far as they have been repealed or affected by subsequent laws:

First. All acts incorporating or chartering municipal corporations, and acts amending or supplementing such acts. I

Second. All acts consolidating cities and counties, and acts amending or supplementing such acts.

Third. All acts for funding the State debt, or any part thereof, and for issuing State bonds, and acts amending or supplementing such acts.

Fourth. All acts regulating and in relation to rhodeos. Fifth. All acts in relation to judges of the plains.

Sixth. All acts creating or regulating boards of water commissioners and overseers in the several townships or counties of the State.

Seventh. All acts in relation to a branch State prison. Eighth An act for the more effectual prevention of cruelty to animals, approved March thirtieth, eighteen hundred and sixty-eight.

Ninth. An act for the suppression of Chinese houses of ill-fame, approved March thirty-first, eighteen hundred and sixty-six.

Tenth. An act relating to the Home of the Inebriate of San Francisco, and to prescribe the powers and duties of the board of managers and the officers thereof, approved April first, eighteen hundred and seventy.

Eleventh. An act concerning marks and brands in the county of Siskiyou, approved March twentieth, eighteen hundred and sixty-six.

Twelfth. An act to prevent the destruction of fish in the waters of Bolinas Bay, in Marin County, approved March thirty-first, eighteen hundred and sixty-six.

Thirteenth, An act concerning trout in Siskiyou Coun ty, approved April second, eighteen hundred and sixty-six.