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certain cases.

Warrant may include person

Warrant-how executed.

Return to warrant.

habeas corpus in vit, to any Court or Judge authorized to grant a writ of habeas cor

pus, that any one is illegally held in custody, confinement, or restraint, and that there is good reason to believe that such person will be carried out of the jurisdiction of such Court or Judge, before whom the application is made, or will suffer some irreparable injury before compliance with a writ of habeas corpus can be enforced, such Court or Judge may cause a warrant to be issued reciting the facts, and directed to the Sheriff, Coroner, or Constable of the county, commanding such officer to take such person, thus held in custody, confinement, or restraint, and forthwith bring him or her before such Court or Judge, to be dealt with according to law.

Sec. 31. Such Court or Judge may also, if the same be deemed charged with necessary, insert in such warrant, a command for the apprehension of illegal detention.

the person charged with such illegal detention and restraint.

Sec. 32. The officer to whom any such warrant is delivered, shall execute the same, by bringing the person or persons, therein named, before the Court or Judge, who may have directed the issuing of such warrant.

Sec. 33. The person alleged to have such party under illegal confinement or restraint, may make return to such warrant, as in case of a writ of habeas corpus, and the same may be denied, and like allegations, proofs, and trial, shall be thereon had as upon a return to a

writ of habeas corpus. Party may be Sec. 34. If such party be held under illegal restraint or custody, discharged or remianded. he or she shall be discharged, and if not, he or she shall be restored

to the care or custody of the person entitled thereto, or left at liberty, as the case may require.

Sec. 35. Any writ or process authorized by this act, may be issued Sunday. and served on the first day of the week, commonly called Sunday. Writs, etc., to be

Sec. 36. All writs, warrants, processes, and subpoenas, authorized pænas, be sealed: by the provisions of this act, shall be issued by the Clerk of the Court,

and except subpoenas, sealed with the seal of such Court; and shall be served and returned forthwith, unless the Court or Judge shall specify a particular time for any such return.

Sec. 37. All such writs and processes, when issued by order of a issued by judge.

Judge, shall be returned before him at the county seat, and shall be

there heard nd determined. Judge improperly refusing habeas Sec. 38. If any Judge, after a proper application is made, shall

refuse to grant an order for a writ of habeas corpus, or if the officer or person to whom such writ may be directed, shall refuse obedience to the command thereof, he shall forfeit and pay to the person

Writ, etc., may be executed on

issued by clerk,

Return of writs

corpus.

aggrieved, a sum not exceeding five thousand dollars, to be recovered by an action of debt, in any court having cognizance thereof.

Sec. 39. Any one having in his custody, or under his restraint or Penalty for power, any person for whose relief a writ of habeas corpus shall have evade this act. been duly issued, pursuant to the provisions of this act, who, with the intent to elude the service of such writ or to avoid the effect thereof, shall transfer such person to the custody of another; or shall place him or her under the power or control of another; or shall conceal or exchange the place of his or her confinement or restraint; or shall remove him or her without the jurisdiction of such Court or Judge; shall be deemed guilty of a misdemeanor, and fined in a sum not exceeding five thousand dollars.

Sec. 40. Every person who shall knowingly aid or assist in the Assisting to commission of any offence specified in the last preceding section, shall be deemed guilty of a misdemeanor, and punished as in the last preceding section mentioned.

Sec. 41. Every person convicted of any offence under the provis- Additional penions of the last preceding sections, in addition to the punishment mentioned in last therein mentioned, may be also imprisoned in the county jail for a sections. term not exceeding two years.

evade act.

CHAPTER XXXIII.

AN ACT to abolish all Laws now in force in this State, except such as

hare been passed by the Present Session of the Legislature.[Passed April 22, 1850.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows :

laws except those

That all laws now in force in this state, except such as have been Repeal of all passed or adopted by the legislature, are hereby repealed : Provided, of present

legislature. however, that no rights acquired, contracts made, or suits pending, shall be affected thereby; and Provided, that the laws relating to "Jueces del Campo,” or Judges of the Plains, shall be excepted, until provision is made for that office by law; and Provided, also, that such repeal shall not affect any constitutional laws or acts of Congress, or any of the stipulations contained in the treaty of peace between the United States and Mexico, ratified at Queretaro, the 30th day of May, 1848.

CHAPTER XXXIV.

AN ACT concerning Persons in Custody, under Sentence of Im

prisonment.—[Passed April 22, 1850.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows:

Persons imprisoned may be set to labor on public works.

soned in one county may be delivered over to

of any other county

Section 1. It shall be lawful for the Court of Sessions of any county in which there may be any person in custody, under sentence of imprisonment, whether in the state prison or county jail, to cause such person to labor on any public work within the limits of the county, for the whole or any portion of the term for which he is sen

tenced. Persons impri Sec. 2. It shall be lawful for the Court of Sessions of any county

in which there may be any person in custody, under sentence of imCourt of Sessions prisonment, as aforesaid, when thereto requested by the Court of

Sessions of any other county, or by the proper authorities of any incorporated town or city within the state, to cause such person to be delivered over for the whole or any portion of the term of his imprisonment, to the Court of Sessions or corporated authorities so applying, who shall enjoy the same power in regard to the prisoners so delivered over, as the Court of Sessions from whom such prisoner was received.

Sec. 3. The Court of Sessions, or proper authorities of any incorprevent escape

porated town or city, as the case may be, shall take precautions to prevent the escape of all prisoners whom they may cause to labor on any public work, as above set forth; and are authorized to employ all such overseers, and to use all such means as may be necessary to that end. The overseers in charge of such prisoners shall have, in regard to the same, all the powers of jailers, and shall be subject to the same responsibilities, and be in like manner amenable to the supervision of the Grand Jury.

Sec. 4. Every prisoner transferred in accordance with the provisions of this act, for the whole of the term of his imprisonment, shall, at the expiration of such term, be discharged at the place in which he may happen to be. It shall be the duty of the Court of Sessions of any county, or proper authorities of any incorporated town or city, to whom any prisoner has been transferred for a portion

Precautions to

of prisoners 60 set to labor.

Discharge of prisoners transferred for whole term of imprisonment.

only of the term of his imprisonment, to cause such prisoner, on the For part of term. expiration of such portion of the term aforesaid, to be returned to the authorities from whore he was received. If such prisoner is not so returned, the overseer or other agent in whose charge the prisoner may be, shall, from the moment of the expiration of the term for which such prisoner was transferred, become the overseer or agent of the authorities to whom such prisoner ought to have been returned, in the same manner, and with the same responsibilities, as if he had been originally appointed by said authorities.

Sec. 5. In all cases in which prisoners shall be employed, as Food, clothing, above provided, in laboring on any public work, it shall be the duty be provided for of the county or corporation for the benefit of which they are so work. employed, to provide them with food and clothing, and lodging sufficient for their health and comfort, in as ample a manner as is required in the “ Act concerning Crimes and Punishments.”

Sec. 6. Upon the presentation of a written order from the Court of Sheriffs to de Sessions, or other authorities empowered by this act to cause prisoners pursuant to order to labor on any public work, it shall be the duty of all Sheriffs and their deputies, jailers, overseers, and others having the custody of such prisoners, to deliver the same into the charge of the person in said order named, and authorized to receive them.

prisoners set to

CHAPTER XXXV.

AN ACT regulating Marriages. [Passed April 22, 1850.]

The People of the State of California, represented in the Senate and

Assembly, do enact as follows:

riages incestuous

SECTION 1. Marriage is considered in law as a civil contract, to Marriage a civil

contract. which the consent of the parties is essential.

Sec. 2. All marriages between parents and children, including Certain mar grand-parents and grand-children of every degree; between brothers and void. and sisters of the one-half as well as the whole blood; and between uncles and nieces, aunts and nephews, are declared to be incestuous, and absolutely void. This section shall extend to illegitimate as well as to legitimate children and relations.

Sec. 3. All marriages of white persons with negroes or mulattoes Marriage with are declared to be illegal and void.

mulattoes. Sec. 4. Whoever shall contract marriage in fact, contrary to the Contracting or

negroes or

in fact a misdemeanor.

contracted out of state.

Who may per form marriage ceremony.

man of

When consent of

such marriages prohibitions in the two preceding sections, and whoever shall solemnize

any such marriage, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by fine or imprisonment, or both, at the discretion of the jury which shall try the cause; or, if the conviction be by confession, at the discretion of the Court; the fine to be not less than one hundred nor more than ten thousand dollars, and the imprisonment to be not less than three months nor more than

ten years. Marriages Sec. 5. All marriages contracted without this state, which would

be valid by the laws of the country in which the same were contracted,
shall be valid in all courts and places within this state.
Sec. 6. Every Judge and Justice of the Peace, and every Clergy-
any

denomination, or licensed Preacher of the Gospel, may perform the ceremony of marriage in this state.

Sec. 7. No Judge, Justice of the Peace, Clergyman, Preacher of De reret marriagery the Gospel, or other person, shall join in marriage any male under

the age of twenty-one years, or female under the age of eighteen years, without the consent of the parent or guardian, or other person under whose care and government such minor may be. Any person who shall violate the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction, shall be punished by fine not

exceeding one thousand dollars. Record of mar Sec. 8. Every person having authority to join others in marriage, mingesetilen kept shall keep a record of all marriages solemnized before him, and

within three months transmit a certificate of every marriage (containing both Christian names and surnames) to the Recorder of the county in which the marriage took place; and any person refusing or neglecting to make such return within the above required time, shall forfeit for every offence the sum of one hundred dollars, to be recovered, with costs, by the Recorder.

Sec. 9. The Recorder shall record all such returns of marriages marriages to be recorded. in a book to be kept for that purpose, within one month after receiv

ing the same, for which he shall be allowed, for each entry, two dollars. If any Recorder shall neglect or refuse to record, within the said time, any return to him made, he shall forfeit one hundred dollars, to be recovered, with costs, by any person who will prosecute for the same.

Sec. 10. The books of marriages to be kept by the respective Reto be evidence.

corders, and copies of entries therein, certified by him under his of

ficial seal, shall be evidence in all courts. Making false Sec. 11. If any person authorized to solemnize any marriage,

transmitted to Recorder.

Returns of

Books of marriages, etc.,

entries or

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