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attorney. Whenever any other property of the estate of any ward is discovered, not included in the inventory of the estate already returned, and whenever any other property, has been succeeded to, or acquired by any ward, or for his benefit, the like proceedings must be had for the return and appraisement thereof and the service of the same as are herein provided in relation to the first inventory and return. If within the time prescribed, or within such further time, not exceeding two months which the court or judge shall for reasonable cause allow, the guardian neglects or refuses to return the inventory or render his account, the court may, upon notice, revoke the letters of guardianship and the guardian shall be liable on his bond for any injury to the estate, or any person interested therein, arising from such failure. [Amended, Statutes 1913, p. 214.] Account of guardian.

§ 1774. The guardian must upon the expiration of a year from the time of his appointment and as often thereafter as he may be required, present his account to the court for settlement and allowance; provided, that no account of the guardian of any insane person, who is or has been during such guardianship confined in a state hospital in this state, shall be settled or allowed unless notice of the settlement of said account shall have been first given to the secretary of the state commission in lunacy or its attorney at least five days before the hearing. The termination of the relation of guardian and ward by the death of either guardian or ward or by the ward attaining his majority or being restored to capacity shall not cause the court to lose jurisdiction of the proceeding for the purpose of settling the accounts of the guardian. [Amended, Statutes 1913, p. 215.] When income from ward's estate is insufficient.

$1777. When the income of an estate under guardianship is insuf ficient to maintain the ward and his family or to maintain and educate the ward when a minor, or to pay for his care, treatment and support, if confined in a state hospital for the insane, his guardian may sell his real or personal estate, or mortgage the real estate for that purpose, upon obtaining an order therefor; provided, that no such order shall be granted when the ward is or has been, during the guardianship, confined in a state hospital for the insane in this state unless notice of the proceedings shall have been given to the secretary of the state commission in lunacy or its attorney at least five days before the hearing. [Amended, Statutes 1913, p. 215.]

Attorney's fees against minor fixed by court.

$18106. All contracts for attorney's fees made by or for the benefit of minors shall be void, and whenever a judgment shall be recovered by or on behalf of a minor, the attorney's fees chargeable against said minor shall be fixed by the court in which said judgment is rendered; and if said judgment is for money, and there is no general guardian of said minor, one shall be appointed by the court, and the entire amount of the judgment shall be paid to and shall be cared for by such general guardian, under the control of the court. [Enacted, Statutes 1913, p. 35.]

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PENAL CODE.

Selling intoxicating liquors near state buildings.

§ 172. 1. Every person who, within half a mile of the land belonging to this state upon which any state prison, or within nineteen hundred feet of the land belonging to this state upon which any reformatory, is situated, or within one mile of the grounds belonging to the University of California, at Berkeley, or within one and one-half miles of the exterior limits of the land on which is located the Veterans' Home at Yountville, Napa county, California, or within three miles of the university farm at Davis, or within one and one-half miles of the lands occupied by any home, retreat, or asylum for ex-soldiers, sailors, and marines of the army and navy of the United States, established or to be established by this state, or by the United States within this state, or within the state capitol, or within the limits of the grounds adjacent and belonging thereto, sells, gives away, or exposes for sale, any spirituous, vinous or alcoholic liquors, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred dollars, or by imprisonment for not less than fifty days or by both such fine and imprisonment, in the discretion of the

court.

2. The possession by a person, within the distances mentioned in paragraph one of this section of any state prison, reformatory, grounds belonging to the University of California at Berkeley, university farm at Davis, or of the land on which is located the Veterans' Home at Yountville, Napa county, California, or any home, retreat or asylum for ex-soldiers or sailors, and marines of the army and navy of the United States, within the state capitol, or within the grounds adjacent and belonging thereto, of a license for the sale of spirituous, vinous or malt liquors issued under and by the authority of the government of the United States shall, in any prosecution under paragraph one of this section, be deemed to be prima facie evidence of the violation of the provisions of paragraph one of this section. [Amended, Statutes 1915, p. 1451.]

Rape defined.

§ 261. Rape is an act of sexual intercourse, accomplished with a female not the wife of the perpetrator, under either of the following circumstances:

1. Where the female is under the age of eighteen years;

2. Where she is incapable, through lunacy or other unsoundness of mind, whether temporary or permanent, of giving legal consent;

3. Where she resists, but her resistance is evercome by force or violence; 4. Where she is prevented from resisting by threats of great and immediate bodily harm, accompanied by apparent power of execution, or by

any intoxicating, narcotic, or anesthetic, substance, administered by or with the privity of the accused;

5. Where she is at the time unconscious of the nature of the act, and this is known to the accused;

6. Where she submits under the belief that the person committing the act is her husband, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce such belief. [Amended, Statutes 1913, p. 212.]

Punishment for rape.

§ 264. Rape is punishable by imprisonment in the state prison not more than fifty years, except where the offense is under subdivision one of section two hundred sixty-one of the Penal Code and the female is over the age of sixteen years and under the age of eighteen years in which case the punishment shall be by imprisonment in the county jail for not more than one year or in the state prison for not more than fifty years, and in such case the jury shall determine by their verdict whether the punishment shall be by imprisonment in the county jail or in the state prison. [Amended, Statutes 1913, p. 213.]

Omitting to provide child with necessaries.

$270. A parent of either a legitimate or illegitimate minor child who wilfully omits, without lawful excuse, to furnish necessary food, clothing, shelter, or medical attendance for his child, is punishable by imprisonment in the state prison, or in the county jail, not exceeding two years, or by fine not exceeding one thousand dollars, or by both. [Amended, Statutes 1915, p. 572.]

Cruel punishment in prisons prohibited.

§ 681. It shall be unlawful to use in the prisons or reformatory institutions of this state any cruel or unusual punishments; and punishment by the use of the straight-jacket, gag, thumb-screw, shower bath, or the tricing-up of prisoners is hereby prohibited. [Enacted, Statutes 1913, p. 1010.]

Who may be present at examination before magistrate.

$868. The magistrate must also, upon the request of the defendant, exclude from the examination every person except his clerk, the prosecutor and his counsel, the attorney general, the district attorney of the county, the defendant and his counsel, and the officer having the defendant in custody; provided, however, that when the prosecuting witness is a female she shall be entitled at all times to the attendance of a person of her own [Amended, Statutes, 1915, p. 772.]

sex.

Abortion and seduction.

§ 1108. Upon a trial for procuring or attempting to procure an abortion, or aiding or assisting therein, or for inveigling, enticing, or taking away an unmarried female of previous chaste character, under the age eighteen years, for the purpose of prostitution, or aiding or assisting therein, the defendant can not be convicted upon the testimony of the woman upon or with whom the offense was committed, unless she is corroborated by other evidence. [Amended, Statutes 1905, p. 696.]

Care of female prisoners in county jails.

§ 1616. Whenever any female prisoner or prisoners are confined in any county jail in the state, and no regular jail matron has been appointed, there shall be designated by the sheriff some suitable woman who shall have immediate care of such female prisoner or prisoners. Such female prisoners shall be so kept that they can not see or be seen by, or converse with, any male prisoners confined in saiď jail, and it shall be unlawful for any male officer or jailer to search the person of any female prisoner, or to enter into the room or cell occupied by any female prisoner, except in the company of such matron or woman having the care of such female prisoner. [Enacted, Statutes 1911, p. 924.]

POLITICAL CODE.

Residence. Rules for determining.

$ 52. Every person has, in law, a residence. In determining the place of residence the following rules are to be observed:

1. It is the place where one remains when not called elsewhere for labor or other special or temporary purpose, and to which he returns in seasons repose;

of

2. There can only be one residence;

3. A residence can not be lost until another is gained;

4. The residence of the father, during his life, and after his death the residence of the mother, while she remains unmarried, is the residence of the unmarried minor child;

5. The residence of the husband is the residence of the wife;

6. The residence of an unmarried minor who has a parent living can not be changed by either his own act or that of his guardian;

7. The residence can be changed only by the union of act and intent. [Enacted, March 12, 1872.]

Qualifications of electors.

§ 1083. Every native citizen of the United States, every person who shall have acquired the rights of citizenship under or by virtue of the treaty of Queretaro, and every naturalized citizen thereof, who shall have become such 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 he or she claims his or her 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. [Amended, Statutes 1913, p. 220.]

Qualifications for signing petitions.

$1083a. Wherever, by the constitution or laws of this state, any initiative, referendum, recall or nominating petition or paper, or any petition or paper, is required to be signed by qualified electors, only an elector who is a registered qualified elector at the time he signs such petition or paper shall be entitled to sign the same, and no elector shall be entitled to sign any such petition or paper on or after the first day of January of an even-numbered year unless he shall, on or since said first day of January, have made an affidavit of registration as required by law. Such signer shall at the time of so signing such petition or paper affix thereto the date of such signing. Wherever, by the constitution or laws of this state, the county clerk or registrar of voters is required to determine

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