Purchasing junk from minor.

$ 501. Every person who purchases or receives in pledge, or by way of mortgage, from any person under the age of sixteen years, any junk, metal, mechanical tools, or implements, is guilty of a misdemeanor. [Enacted March 28, 1872.]

Marrying under false personation.

§ 528. Every person who falsely personates another, and in such assumed character marries or pretends to marry, or to sustain the marriage relation towards another, with or without the connivance of such other, is guilty of a felony.

Married person selling land under false representation.

8534. Every married person who falsely and fraudulently represents himself or herself as competent to sell or mortgage any real estate, to the validity of which sale or mortgage the assent or concurrence of his wife or her husband is necessary, and under such representations wilfully conveys or mortgages the same, is guilty of felony.

Requiring ward to work more than eight hours.

§ 651. Every person having a minor child under his control, either as a ward or an apprentice, who, except in vinicultural or horticultural pursuits, or in domestic or household occupations, requires such child to labor more than eight hours in any one day, is guilty of a misdemeanor.

Abuse of school-teachers.

§ 653b. Every parent, guardian, or other person who upbraids, insults, or abuses any teacher of the public schools, in the presence or hearing of a pupil thereof, is guilty of a misdemeanor. [Amended March 21, 1905.]

Kidnaping.

$784. The jurisdiction of a criminal action:

1. For forcibly and without lawful authority seizing and confining another, or inveigling or kidnaping him, with intent, against his will, to cause him to be secretly confined or imprisoned in this state, or to be sent out of the state, or from one county to another, or to be sold as a slave, or in any way held to service;

2. For decoying, taking, or enticing away a child under the age of twelve years, with intent to detain and conceal it from its parent, guardian, or other person having the lawful charge of the child;

3. For inveigling, enticing, or taking away an unmarried female of previous chaste character, under the age of eighteen years, for the purpose of prostitution; or,

4. For taking away any female, under the age of sixteen years, from her father, mother, guardian, or other person having the legal charge of her

person, without their consent, either for the purpose of concubinage or prostitution;

Is in the county in which the offense is committed, or out of which the person upon whom the offense was committed has, in the commission of the offense, been taken, or in which an act was done by the defendant in instigating, procuring, promoting, or aiding in the commission of the offense, or in abetting the parties concerned therein. [Amended March 21, 1905.]

Security for appearance of witnesses.

$ 879. When the magistrate or a judge of the court in which the action is pending is satisfied, by proof on oath, that there is reason to believe that any such witness will not appear and testify unless security is required, he may order the witness to enter into a written undertaking, with sureties, in such sum as he may deem proper, for his appearance as specified in the preceding section.

For infants and married women.

§ 880. Infants and married women, who are material witnesses against the defendant, may be required to procure sureties for their appearance, as provided in the last section.

Proceedings when female is supposed to be pregnant.

§ 1225. If there is good reason to believe that a female against whom a judgment of death is rendered is pregnant, such proceedings must be had as are provided in section twelve hundred and twenty-one, except that instead of a jury, as therein provided, the court may summon three disinterested physicians, of good standing in their profession, to inquire into the supposed pregnancy, who shall, in the presence of the court, but with closed doors, if requested by the defendant, examine the defendant and hear any evidence that may be produced, and make a written finding and certificate of their conclusion, to be approved by the court and spread upon the minutes. The provisions of section twelve hundred and twentytwo apply to the proceedings upon such inquiry. [Amended March 21, 1905.]

If female is not pregnant.

§ 1226. If it is found that the female is not pregnant, the warden must execute the judgment; if it is found that she is pregnant the warden must suspend the execution of the judgment, and transmit a certified copy of the finding and certificate to the governor. When the governor receives from the warden a certificate that the defendant is no longer pregnant, he must issue to the warden his warrant appointing day for the execution of the judgment. [Amended March 21, 1905.]

When husband and wife are competent witnesses.

$1322. Neither husband nor wife is a competent witness for or against the other in a criminal action or proceeding to which one or both are parties, except with the consent of both, or in case of criminal actions or proceedings for a crime committed by one against the person or property of the other, or in cases of criminal violence upon one by the other, or in cases of criminal actions or proceedings for bigamy, or adultery, or in cases of criminal actions or proceedings brought under the provisions of section two hundred and seventy and two hundred and seventy a of this code. [Amended March 2, 1911.]

POLITICAL CODE.

General right of the state over persons.

$37. The state has the following rights over persons within its limits, to be exercised in the cases and in the manner provided by law :

1. To punish for crime;

2. To imprison or contine for the protection of the public peace or health, or of individual life or safety;

3. To imprison or confine for the purpose of enforcing civil remedies; 4. To establish custody and restraint for the persons of idiots, lunatics, drunkards, and other persons of unsound mind;

5. To establish custody and restraint of paupers for the purpose of their maintenance;

6. To establish custody and restraint of minors unprovided for by natural guardians, for the purposes of their education, reformation and maintenance;

7. To require services of persons, with or without compensation: In military duty; in jury duty; as witnesses; as town or village officers; in highway labor; in maintaining the public peace; in enforcing the service of process; in protecting life and property from fire, pestilence, wreck and flood; and in such other cases as are provided by statute.

Qualifications of notaries public.

$ 792. Every person appointed as notary public must, at the time of appointment, be a citizen of the United States and of this state, and twentyone years of age; must have resided in the county for which the appointment is made for six months. Women having these qualifications may be appointed. [Amended March 10, 1891.]

Qualifications of voters.

$1083. Every native citizen of the United States, every person who shall have acquired the right of citizenship under or by virtue of the treaty of Queretaro, and every naturalized citizen thereof or female person who has acquired citizenship by virtue of her marriage to a citizen, or by the naturalization of her husband, and every other person who has otherwise become a citizen of the United States who shall have acquired such citizenship ninety days prior to any election, of the age of twenty-one years, who shall have been a resident of the state one year next preceding the election, and of the county in which such citizen claims to be entitled to vote ninety days, and in the election precinct thirty days, and who has conformed to the law governing the registration of voters, shall be a qualified elector at any and all elections held within the county, city and county, city, town, or district within which such elector resides. December 23, 1911.]

[Amended NOTE-The Political Code was enacted March 12, 1872. Sections amended e that date are followed by date of amendment.

Registry of marriages.

§ 3076. All persons who perform the marriage ceremony in this state shall within three days after the ceremony file with the county recorder a certificate of registry of the marriage performed by them in such form as may be prescribed by the state registrar which shall contain among other matters as near as can be ascertained, the place and date of marriage, sex, race, color, age, name and surname, birthplace, residence of the parties married, number of marriage and condition of each, whether single, widowed, or divorced, the occupation of the parties, maiden name of the female, if previously married, the names and birthplace of the parents of each and the maiden name of the mother of each. [Amended March 18, 1905.]

Registry of Births.

$3077. Physicians, midwives, nurses and other persons assisting at a birth shall return in writing within five days thereafter to the county recorder of the county where such birth takes place in such form as may be prescribed by the state registrar a certificate of registry of such birth which shall contain among other matters, the time and place of such birth, name, sex, race and color of the child, the name, residence, age, birthplace and occupation of the parents and the maiden name of the mother, and whether born in or out of wedlock, and such other information as may be required by the state registrar; provided, however, that in cities having a freeholders charter the health officer shall act as local registrar and perform all the duties thereof. In case the child is not named the recorder or registrar of such locality shall deliver to such parent, next of kin, physician, midwife or other person furnishing such certificate of birth a supplementary blank for report of given name, which shall be filled out and returned as soon as the child shall be named. In case there shall be no physician, midwife, or nurse attending at such birth, then, it shall be the duty of the parents of any child born in this state (and if there be no parent alive, then the next of kin of said child) within ten days after such birth to report in writing to the recorder of the county or health officer of cities having a freeholders charter where such birth takes place, in such form as may be prescribed by the state registrar, the date, place and residence, name, sex, race, and color of such child, and the names, residence, birthplace and age of the parents, their occupations, and the maiden name of the mother, and whether born in or out of wedlock, and such other information required by the state registrar. [Amended March 18, 1905.]