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CHAPTER XIV.
PUBLIC ADMINISTRATORS. (1)

§o SECTION 303. For any wilful misdemeanor in office, the public ad

office. ministrator may be indicted and fined in any sum not exceeding two thousand dollars, and removed from office.

of Sec. 304. Whenever any stranger or person without known heirs

*:::::: shall die intestate in house or premises of any other person, it shall be the duty of such person, or any one knowing thereof, to give immediate notice to the public administrator; and in default thereof he shall be liable to any damage that may be sustained thereby, to be recovered by the public administrator, or any party interested.

The like. SEC. 305. He shall make a perfect inventory of all such estate taken into his possession, and administer an account for the same as near as circumstances will permit, according to the law prescribing the duties of administration, subject to the control and direction of the probate court.

The like. SEC. 306 If at any time letters testamentary or of administration be regularly granted on such estate to any other person, he shall, under the order of the probate court, account for, pay and deliver to the executor or administrator thus appointed all the money, property, papers, and estate of every kind in his possession.

o* SEC. 307. It shall be the duty of all civil officers to inform the

waste, etc. public administrator of all property and estate known to them, which is liable to injury or waste, and which by law ought to be in the possession of the public administrator.

foot. SEC. 308. The public administrator shall institute all manner of suits and prosecutions that may be necessary to recover the property, debts, papers, or other estate of the person deceased.

order to examine SEC. 309. If the public administrator shall complain to the probate

o: judge on oath, that any person has concealed, embezzled, or disposed

estate. of, or has in his possession any money, goods, property, or effects to the possession of which said administrator is entitled in his official capacity, the judge may cite such person to appear before the probate court, and may examine him on oath touching the matter of such

complaint. of Sec. 310. If the person so cited refuse to appear and to submit to or refusing - - - to attend. such an examination, or to answer to such interrogatories as may be

put to him touching the matter of such complaint, the court may, by

(1) See Stat. 1851, page 206.

warrant for that purpose, commit him to the county jail, there to remain in close custody until he shall submit to the order of the court; and all such interrogations and answers shall be in writing, and shall be signed by the party examined, and filed in the probate court. Sec. 311. The probate court may, at any time, order the public o administrator to account for and deliver all the money and property to account. of any estate in his hands to the heirs or to the executors or administrators regularly appointed. Sec. 312. The public administrator shall render a yearly account *: to the county auditor of: First, a list of the estates which have come to account under his charge, the condition in which they are at the time of re- annually. porting, the disposition which has been made of any during the year; second, the sums of money which have come into his hands, in each estate, and what disposition has been made of them, and the amount of his fees; which said amount shall be published in at least two journals of the state, one of which shall be in his own county, if there is one published. Sec. 313. The act entitled “An Act to regulate the Settlement of o the Estate of Deceased Persons,” passed April twenty-second, eighteen hundred and fifty, is hereby repealed, but the validity of any proceedings heretofore had or commenced shall not be affected hereby.

CHAPTER CXXI.

AN ACT to regulate Proceedings in Criminal Cases.—[Passed
May 1, 1851.]

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

SECTION 1. This act is divided into seven parts: Division of aet 1st. The first embraces general definitions and provisions. 2d. The second relates to the prevention of public offences. 3d. The third relates to proceedings for the removal of public officers, by impeachment or otherwise. 4th. The fourth relates to proceedings in criminal actions prosecuted by indictment. 5th. The fifth relates to proceedings in justices', recorders', and mayors' courts. 6th. The sixth relates to special proceedings. 7th. The seventh relates to costs in criminal proceedings.

Crime defined.

Public offences,

Felony.

Misdemeanor.

Mode of punishment.

Mode of prosecuting.

Criminal action.

How prosecuted.

Defendant.

Rights of defendant.

PART I.
GENERAL DEFINITIONS AND PROVISIONS.

SECTION 2. A crime or public offence is an act or omission forbidden by law, and to which is annexed, upon conviction, either of the following punishments. 1st. Death. 2d. Imprisonment. 3d. Fine. 4th. Removal from office, or, 5th. Disqualification to hold or enjoy any office of honor, trust, or profit under this state. SEC. 3. Public offences are divided into, 1st. Felonies, and 2d. Misdemeanors. SEC. 4. A felony is a public offence punishable by death, or by imprisonment in a state prison. SEC. 5. Every other public offence is a misdemeanor. SEc. 6. No person can be punished for a public offence, except upon legal conviction in a court having jurisdiction thereof. SEC. 7. Every public offence must be prosecuted by indictment, except: - 1st. Where proceedings are had for the removal of civil officers of the state. 2d. Offences arising in the militia when in actual service, and in the land and naval forces in time of war, or which this state may keep with the consent of congress in time of peace. 3d. Offences tried in justices', recorders', and mayors' courts. SEc. 8. The proceedings by which a party charged with a public offence is accused and brought to trial and punishment, shall be known as a criminal action. SEC. 9. A criminal action shall be prosecuted in the name of the people of the state of California as a party, against the party charged with the offence. SEc. 10. The party prosecuted in a criminal action is designated in this act as the defendant. SEC. 11. In a criminal action the defendant is entitled : 1st. To a speedy and public trial. 2d. To be allowed counsel as in civil actions, or he may appear and defend in person or with counsel; and 3d. To produce witnesses on his behalf, and to be confronted with the witnesses against him in the presence of the court, except that where the charge has been preliminarily examined before a committing magistrate, and the testimony taken down by question and answer, in the presence of the defendant, who has either in person or by counsel cross-examined or had an opportunity to cross-examine the witnesses; or where the testimony of a witness on the part of the people, who is unable to give security for his appearance, has been taken conditionally in the like manner in the presence of the defendant, who has either in person or by counsel cross-examined, or had an opportunity to cross-examine the witness, the deposition of such witness may be read upon its being satisfactorily shown to the court that he is dead or insane, or cannot with due diligence be found within the state.

SEC. 12. No person shall be subject to a second prosecution for a second,

- - prosecution.

public offence, for which he has once been prosecuted and duly convicted or acquitted.

Sec. 13. No person shall be compelled in a criminal action to be a self-crimination. witness against himself, nor shall a person charged with a public of. fence be subjected before conviction to any more restraint than is necessary for his detention to answer the charge.

Sec. 14. No person can be convicted of a public offence, unless by No. a verdict of a jury accepted and recorded by the court, or upon a plea of guilty, or upon judgment against him upon a demurrer to the indictment in the case, mentioned in section two hundred and sixty

six.

P A R T II.
OF THE PREVENTION OF PUBLIC OFFENCES.

TITLE I.
OF LAWFUL RESISTANCE.

SECTION 15. Lawful Resistance to the commission of a public of ol. fence may be made: oney 1st. By the party about to be injured: 2d. By other parties. Sec. 16. Resistance sufficient to prevent the offence may be made Fo" by the party about to be injured: 1st. To prevent an offence against his person, or his family, or some member thereof: 2d. To prevent an illegal attempt by force, to take or injure property in his lawful possession. Sec. 17. Any other person in aid or defence of the person about By other to be injured, may make resistance sufficient to prevent the offence. rSons.

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Prevention of offences by officers.

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SECTION 18. Public offences may be prevented by the intervention of the officers of justice:

1st. By requiring security to keep the peace:

2d. By forming a police in cities and towns, and by requiring their attendance in exposed places:

3d. By suppressing riots.

by other persons. SEc. 19. Whenever the officers of justice are authorized to act in

Complaint for threatening a breach of the

peace.

Complainant and witnesses to be examined.

Magistrate may issue warrant.

Hearing.

Dismissing complaint.

the prevention of public offences, other persons, who by their command act in their aid, are justified in so doing.

CHAPTER II.
SECURITY TO KEEP THE PEACE.

SECTION 20. A complaint may be laid before any of the magistrates mentioned in section one hundred and four, that a person has threatened to commit an offence against the person or property of another. SEC. 21. When the complaint is laid before the magistrate, he shall examine on oath the complainant, and any witnesses he may produce, and shall take their depositions in writing and cause them to be subscribed by the parties making them. SEc. 22. If it appears from the depositions that there is just reason to fear the commission of the offence threatened by the person so complained of the magistrate shall issue a warrant, directed generally to the sheriff of the county, or any constable, marshal, or policeman, in the state, reciting the substance of the complaint, and commanding the officer forthwith to arrest the person complained of, and bring him before the magistrate. Sec. 23. When the person complained of is brought before the magistrate, if the charge be controverted, the magistrate shall take testimony in relation thereto. The evidence must be reduced to writing, and subscribed by the witnesses. SEC. 24. If it appear that there is no just reason to fear the commission of the offence alleged to have been threatened, the person complained of shall be discharged.

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