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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 ing any pile or lumber, or any part thereof, or cut loose or set adrift any such raft cutting same, or
any boat, etc., or part thereof, or shall cut, break, injure, sink, or set adrift any adrift. 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, Aume, aque- dains, flumes, etc: 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 injuper to
property of 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 jail, etc. 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 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 sball 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.
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)
Effect of sentence of
Punishment of Section 143. Every offence or act which by common law is declarmisdemeanor.
ed 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. State prison.
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 imprisonment less than life suspends all civil rights of the person so sentenced, dur. in state prison.
ing 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. Meaning of the Sec. 146. Where the term “person” is used in this act to desigperson.”
nate 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. Act to extend Sec. 147. The provisions of this act shall extend to females.
Sec. 148. When any intent to injure, defraud, or cheat, is requirintent to injure, defraud, or cheat. ed 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.
AN ACT Supplementary to an Act concerning Crimes and Punish
ments, 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, private stamps, 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, lently marked. 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.
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:
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 tas, viz :
(1) See last chapter.
Interest tax of 1851.
Interest tax of 1852, and school fund tax.
Interest tax on
real and personal property in this state, subject to taxation, as is hereinafter in this section named, to be paid as herein provided : fifteen cents on each one hundred dollars, for the payment of the interest on the funded debt of one thousand eight hundred and fifty-one; twenty cents on each one hundred dollars for the payment of the 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 interest on the state prison bonds, and to create a fund for their ultimate redemption. All the above interest tax shall be paid in legal coin of the United States, or in clean gold dust at seventeen dollars twentyfive cents per ounce; the remaining twenty-one cents on each one 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 dol. lars, as the supervisors of each county, or the court of sessions, when no supervisors have been elected and qualified, may direct to be levied; 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 to taxation.
Houses and improvements.
1st. All lands and lots of ground lying within this state, owned or Lands, lots, etc. claimed by any person or corporation, whether patented or not, in
cluding in the assessment thereof, the value of all houses, fixtures and
improvements of every kind, or value thereon, or affixed thereto, all Machinery, etc. machinery, machinery for mining purposes, canals, water races, oxen,
horses, mules, cows, beef-cattle, sheep, goats, calves, hogs, jacks, jennies, wagons, carriages, buggies, carts or other vehicles, whether for pleasure or hire.
2d. Shares of stock or interests in all steamboats, plying from one place in this state to another place in this state, or engaged as regular 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 steamboats this state, owning any vessel or vessels, used in navigating the waters owners under of this state, shall be deemed the owner or owners thereof.
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 Moneys loaned, each year in traffic, trade, merchandise, or in any kind of commerce employed. or navigation.
5th. The capital stock of all banks, and of all corporations doing Capital stock business in this state; the property of whatever kind, of all corpora- of banks, cor
porations, etc. tions over and above their capital stock, and all money or funds, held 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
property except cept such as is exempted from taxation, as provided in the next sec- such as is not tion.
Sec. 2. The following property shall not be listed for taxation. Property not 1st. All lands and lots of ground, with their buildings, improve- taxation.
State property. 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
property. the United States government, for the coining of money or for military, naval, or other purposes.
20. 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 institutions of
learning. the lots thereto appurtenant and used therewith so long as the same 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, charitable and the lots thereto appurtenant, with all their furniture and equip
institutions, etc. 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 Churches and worship, with their furniture and equipments, and the lots of ground for religious
worship appurtenant thereto and used therewith, so long as the same shall be used for that purpose only.