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Sec. 139. Every person who shall wilfully and maliciously burn, Maliciously ininjure or destroy any pile or raft of wood, plank, boards, or other ho lumber, or any part thereof, or cut loose or set adrift any such raft *:::::::::: - - - - any boat, etc., or part thereof, or shall cut, break, injure, sink, or set adrift any iii. boat, canoe, skiff, or other vessel or water craft, being the property of another, shall, on conviction thereof, be punished by fine not exceeding five hundred dollars or imprisonment in the county jail not exceeding six months. Sec. 140. Every person who shall wilfully and maliciously cut, injury to bridges, break, injure or destroy any bridge, mill, dam, canal, flume, aque- **** duct, reservoir or other structure erected to create hydraulic power, or to conduct water for mining, manufacturing or agricultural purposes, or any embankment necessary to the same, or either of them, or shall wilfully and maliciously make, or cause to be made, any aperture in such dam, canal, flume, aqueduct, reservoir, embankment, or structure, with intent to injure or destroy the same, shall, on conviction thereof, be fined in any sum not more than one thou-penalty for sand dollars, or imprisonment at hard labor in the state prison not ..., more than two years, or both such fine and imprisonment. (1) water companies. Sec. 141. If any person shall wilfully and intentionally break wilfully injuring down, pull down, or otherwise destroy or injure, in whole or in part, *** any public jail, or other place of confinement, every person so offending shall, on conviction, be fined in any sum not exceeding ten thousand dollars, nor less than the value of the said jail or other place of confinement so destroyed, or of such injury as may have been done thereto by such unlawful act, and be imprisoned in the state prison for any term not exceeding five years. Sec. 142. If any person or persons shall wilfully and intentionally, wilfully setting - fire to any wood, or negligently and carelessly set on fire, or cause or procure to be os. set on fire any wood, prairies, grass, or other lands or grounds in this state, every person so offending, shall, on conviction before any court of competent jurisdiction, be fined in any sum not less than two hundred nor more than one thousand dollars, or by imprisonment in Penalties. the county jail not less than ten days nor more than six months, or by both such fine and imprisonment in the discretion of the jury trying the case: Provided, that this section shall not extend to any per- Proviso. son or persons who shall set on fire any wood, prairies, grass, or other lands adjoining their own farm, house, plantation, or inclosure, for the necessary preservation thereof from accident or injury by fire, by

(1)Amendment inserted from Stat. 1853, p. 32.

Punishment of misdemeanor.

State prison.

Effect of sentence of imprisonment in state prison.

Meaning of the term “person.”

Act to extend
to females.
What constitutes
intent to injure,
defraud, or cheat.

giving to his, her, or their neighbors reasonable notice of such intention; which aforesaid act, as amended, shall be in full force and effect from and after the first day of May next. (1)

FOURTEENTH DIVISION.
GENERAL PROVISIONS.

SECTION 143. Every offence or act which by common law is declared to be a misdemeanor, and for which no punishment is especially prescribed, shall be punished by imprisonment in the county jail not exceeding six months, or by fine not exceeding five hundred dollars, or by both fine and imprisonment. Sec. 144. Until a state prison is provided, the county jail of each county shall be deemed the state prison. SEc. 145. A sentence of imprisonment in the state prison for a term less than life suspends all civil rights of the person so sentenced, during the term of imprisonment, and forfeits all public offices and all private trusts, authority, and power; and the person sentenced to such imprisonment for life shall thereafter be deemed civilly dead. Sec. 146. Where the term “person” is used in this act to designate the party whose property may be the subject of any offence, such term shall be construed to include the United States, this state, or any other state or territory, government or county, which may lawfully own any property within this state, and all public and private corporations as well as individuals. SEc. 147. The provisions of this act shall extend to females. Sec. 148. When any intent to injure, defraud, or cheat, is required by law to be shown in order to constitute any offence, it shall be sufficient if such intent be to injure, defraud, or cheat the United States, this state, or any other state, territory, or county, or the government or any public office thereof, or any county, city, or town, or any corporation, body politic, or private individual.

(1)Amendment inserted from Stat. 1852, page 111.

CHAPTER CXXVI.

AN ACT Supplementary to an Act concerning Crimes and Punishments, passed April sixteenth, one thousand eight hundred and fifty. (1)—[Passed March 3, 1853.]

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

SECTION 1. That every person who shall knowingly and wilfully Penalty for forge or counterfeit, or cause or procure to be forged or counterfeited, io, upon any goods, wares or merchandise the private stamps or labels “ of any mechanic or manufacturer, with intent to defraud the purchasers or manufacturers of any goods, wares or merchandise whatsoever, shall, on conviction thereof, be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county jail, for a term not exceeding six months, or by a fine of not less than three hundred nor more than six hundred dollars.

SEC. 2. That any person who shall sell any goods, wares or mer- For disposing of chandise having thereon any forged or counterfeit stamps or labels, food. purporting to be the stamps or labels of any mechanic or manufacturer, knowing the same to be forged or counterfeited, without disclosing the fact to the purchaser, shall, on conviction thereof, be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for a term not exceeding six months, or by a fine of not less than three hundred nor more than six hundred dollars.

CHAPTER CXXVII.

AN ACT to provide Revenue for the Support of the Government of this State.—[Passed May 18, 1853.]

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

ARTICLE I.

SECTION 1. An annual ad valorem tax of sixty cents upon each Amount of state one hundred dollars, shall be levied upon the assessed value of the “”

(1) See last chapter.

real and personal property in this state, subject to taxation, as is hereinafter in this section named, to be paid as herein provided: fifso as teen cents on each one hundred dollars, for the payment of the interest on the funded debt of one thousand eight hundred and fifty-one; Ho!, twenty cents on each one hundred dollars for the payment of the fund tax. funded debt of one thousand eight hundred and fifty-two, together with the interest on the bonds belonging to the school fund, as provided for in an act to provide for the disposition of the school lands, passed May third, one thousand eight hundred and fifty-two; and four cents on each one hundred dollars, for the payment of the interInterest tax on est on the state prison bonds, and to create a fund for their ultimate state prison

bonds. redemption. All the above interest tax shall be paid in legal coin of

o.." the United States, or in clean gold dust at seventeen dollars twenty

**one. five cents per ounce ; the remaining twenty-one cents on each one

go." hundred dollars shall be collected as other state taxes are by law required to be collected, and shall be paid into the general fund; and such additional tax, not exceeding fifty cents on each one hundred dollars, as the supervisors of each county, or the court of sessions, when no supervisors have been elected and qualified, may direct to be lev

Special tax. ied; and such special tax as may be by law authorized to be collected by any county in this state, shall be levied for county purposes upon the objects of taxation hereinafter in this section named.

PROPERTY SUBJECT TO TAXATION.

property liable 1st. All lands and lots of ground lying within this state, owned or #... etc. claimed by any person or corporation, whether patented or not, inlot. cluding in the assessment thereof, the value of all houses, fixtures and

improvements of every kind, or value thereon, or affixed thereto, all

*...*. machinery, machinery for mining purposes, canals, water races, oxen, anals, races.

Stock. horses, mules, cows, beef-cattle, sheep, goats, calves, hogs, jacks, jen

Wehicles. nies, wagons, carriages, buggies, carts or other vehicles, whether for pleasure or hire.

Steamboats 2d. Shares of stock or interests in all steamboats, plying from one

(whether owned - - - ... place in this state to another place in this state, or engaged as regular

not.) packets between any port in this state, and any port out of this state, where they are not registered, whether the owner or owners thereof, of said stock or interest, be resident of this state or not, except when such boat can be assessed and taxed specially, in which case, such boat shall be assessed and taxed as personal property in the county from which such boat may sail. That for the purposes of taxation, the person or persons acting as agent or attorney in fact, for any per-Agents or son or persons, corporation or joint stock association, residing without loo this state, owning any vessel or vessels, used in navigating the waters *::::::::: of this state, shall be deemed the owner or owners thereof. this act. 3d. Shares of stock, or interest in ships, brigs, schooners, sloops, water craft. and all other water craft, whether at home or abroad. 4th. All moneys loaned on interest; all capital vested or employed Money; loaned, each year in traffic, trade, merchandise, or in any kind of commerce §§ or navigation. 5th. The capital stock of all banks, and of all corporations doing o: business in this state; the property of whatever kind, of all corpora- ofioko, cotions over and above their capital stock, and all money or funds, held porations, etc. by any such corporation in trust or on deposit, or by persons in trust, or on deposit for persons, or corporations, other than citizens or corporations of this state, and used in commerce or trade, for the benefit of such persons or corporations. 6th. All other property, real and personal, within this state, ex- And all other cept such as is exempted from taxation, as provided in the next sec- Pop! tion. o' under Sec. 2. The following property shall not be listed for taxation. o:

1st. All lands and lots of ground, with their buildings, improve- tort, ments, and structures thereon, belonging to the state, or to any county County property. of this state; all unoccupied lands, buildings and other improvements, occupied and owned, belonging to the United States, and all lands by United States the United States government, for the coining of money or for mili- property. tary, naval, or other purposes.

2d. Town halls, council chambers, market houses, and other public city property. structures and edifices, and all public squares and lots kept open for health, use or ornament, belonging to any city, town, or village, in this state.

3d. Colleges, school houses, and other buildings for the purposes of Property of education, with their furniture, library and all other equipments, and o: the lots thereto appurtenant and used therewith so long as the same learning. shall be used for that purpose.

4th. Public hospitals, asylums, poor-houses and other charitable Property of or benevolent institutions for the relief of the indigent and afflicted, . and the lots thereto appurtenant, with all their furniture and equip-"“” ments, so long as the same shall be used for that purpose only, and without a view to pecuniary gain.

5th. Churches, chapels, and other public buildings for religious §o. worship, with their furniture and equipments, and the lots of ground for oligious

- worship.

appurtenant thereto and used therewith, so long as the same shall be

used for that purpose only.

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