cohabitation and adultery is guilty of a misdemeanor, and is punishable by a fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding one year, or by both.

NOTE. The foregoing is a part of the Act of 1872, to punish adultery, and the present section is to be numbered Section 274.

SECTION 272. A new section to be added to Chapter I, Part I, Title IX, to read as follows:

Double adultery.

Sec. 272. If two persons, each being married to another, live together in a state of open and notorious cohabitation and adultery, each is guilty of a felony, and is punishable by imprisonment in the state prison not exceeding five years; and the recorded certificate of marriage, or a certified copy thereof, there being no decree of divorce, proves the marriage of the persons for the purposes of this section.

NOTE. The present Section 272 is to be numbered Section 275.

The present Section 270 to be numbered 273 in Chapter II, Part I, Title IX.

The present Section 271 to be numbered 274 in Chapter II, Part I, Title IX.

The present Section 272 to be numbered 275 in Chapter II, Part I, Title IX.

The present Section 274 to be numbered 276 in Chapter III, Part I, Title IX.

The present Section 275 to be numbered 277 in Chapter III, Part I, Title IX.

SECTION 278. A new section to be added to be Section 278, in Chapter III, Part I, Title IX, to read as follows:

Causing death by abortion-Manslaughter.

Sec. 278. Every person who provides, supplies, or administers to any pregnant woman, or procures any such woman to take any medicine, drug, or substance, or uses or employs any instrument, or other means whatever, with the intent thereby to procure a miscarriage, unless the same is necessary to preserve her life, and said woman die in consequence thereof, or in consequence of any disease ensuing therefrom, or caused thereby, is guilty of manslaughter.

NOTE. The addition of this section, and the change made in the definition in voluntary manslaughter (vide Section 192), will reduce this crime from murder in the second degree to manslaughter. Experience has demonstrated that convictions cannot be obtained in these cases where the penalty is imprisonment for life. In New York, where the crime is manslaughter, convictions are readily obtained. The change is therefore recommended, so that those who commit this crime shall not go entirely unpunished.

The present Section 278 to be numbered 279, in Chapter IV, Part I, Title IX.

SECTION 283. To be amended to read as follows:

Sec. 283. Bigamy is punishable by a fine not exceeding two thousand dollars, or by imprisonment in the state prison not exceeding ten years. NOTE. This amendment changes the limit of imprisonment from three to ten years, the former being grossly inadequate for many cases which might arise.

SECTION 285. To be amended to read as follows:

Sec. 285. Persons being within the degrees of consanguinity within which marriages are declared to be incestuous and void, who intermarry with each other, or who commit fornication with each other; and persons, being inhabitants of this State, who leave this State for the purpose of intermarrying with any person within the degree of consanguinity within which marriages are declared by the laws of this State to be incestuous and void, and intermarry with such person outside of this State, are punishable by imprisonment in the state prison not exceeding ten years.

SECTION 292. To be amended to read as follows:

Sec. 292. The duty of burying the body of a deceased person devolves upon the persons hereinafter specified, and in the following order:

1. If the deceased was a married person, the duty of burial devolves upon the surviving spouse;

2. If the deceased was not a married person, and left any kindred, the duty devolves upon the person or persons in the same degree nearest of kin to the deceased, being of adult age and within this State, and possessed of sufficient means to defray the necessary expenses;

3. If the deceased left no surviving spouse or kindred answering the foregoing description, the duty of burial devolves upon the persons charged with the support of the poor in the locality in which the death

occurs;

4. In case the person upon whom the duty of burial is cast by the foregoing provisions omits to make such burial within a reasonable time, the duty devolves upon the person next specified, and, if all omit to act, it devolves upon the person in the actual possession of the premises where the death occurs or the body is found; or, if there is no person in the actual possession of such premises, then upon the owner thereof; when the death occurs, or the body is found, upon a vessel, by the master thereof, and, if there is no master, by the owner thereof.

5. Such burials may be made in any cemetery organized under the laws of this State, or any now existing in which interments have been made, or any that may hereafter be established or organized by the Board of Supervisors of any county, or city and county, in this State.

SECTION 298. A new section to be added to Chapter VI, Part I, Title IX, to read as follows:

Relative to exhumation of bodies.

Sec. 298. Every person who disinters, exhumes, removes, or causes to be disinterred, exhumed, or removed, from a grave, vault, or other receptacle or burial place, the body or remains of any deceased person, without a permit therefor having first been obtained from the Board of Health, or Health Officer, if such officer there be, or from the Mayor or other head of the municipal government of the city, town, or city and county; and every person who moves, transports, or causes to be moved or transported, on or over the streets or highways of any city, town, or city and county, of this State, the body or remains of a deceased person, which shall have been disinterred or exhumed without said permit, as provided in the Political Code, shall be guilty of a misdemeanor, and shall be punished by a fine not less than fifty nor more than five hundred dollars, or by imprisonment in the county jail for not less than thirty days nor more than six months, or by both such fine and imprisonment.

NOTE.-The above is part of "An Act to protect public health," approved April 1, 1878.

SECTION 299. A new section to be added to read as follows:

Minor under sixteen years of age not to enter saloon.

Sec. 299. Every person who admits any minor under the age of sixteen years of age, at any time, into any saloon or place of entertainment where any spirituous liquors, or wines, or intoxicating or malt liquors are sold, exchanged, or given away, at any time, or permit him to remain therein, or permit such minor to remain at any place of amusement known as a dance-house, or concert-saloon, unless such minor is accompanied by his parent or guardian, is guilty of a misdemeanor.

NOTE. This section is Section 1 of "An Act for the protection of children," etc., approved March 30, 1878.

SECTION 300. A new section to be added to read as follows: Forbidding employing or apprenticing minors for immoral purposes.

Sec. 300. Every person, relative, or employer, having the care, custody, or control of any child under the age of sixteen years, whether as parent, relative, guardian, employer, or otherwise, who shall permit such child to beg, or who shall exhibit, use, or employ, or who shall in any manner or under any pretense sell, apprentice, give away, let out, or otherwise dispose of such child to any person, under any name, title, or pretense, in or for the vocation, occupation, service, or purpose of singing, playing on musical instruments, rope or wire walking, dancing,

begging, or peddling, or as a gymnast, acrobat, contortionist, or rider, in any place whatsoever, or for or in any obscene, indecent, or immoral purpose, exhibition, or practice whatsoever, or for or in any business, exhibition, or vocation injurious to the health or dangerous to the life or limb of such child; or who shall cause, procure, or encourage any such child to engage therein, and every person who shall take, receive, hire, employ, use, exhibit, or have in custody, any such child for any of the purposes hereinbefore in this section mentioned, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty, nor more than two hundred and fifty, dollars, or by imprisonment in the county jail for a term not exceeding six months, or by both such fine and imprisonment; provided, that nothing in this section contained shall apply to, or affect the employment or use of, any such child as a singer or musician in any church, school, or academy, or the teaching or learning of the science or practice of music; or the employment of any such child as a musician at any concert or other musical entertainment on the written consent of the Mayor of the city, or President of the Board of Trustees, of the town where such concert or entertainment shall take place.

SECTION 301. A new section to be added to read as follows: Relating to certain minors.

Sec. 301. Any child apparently under the age of sixteen years:

1. That is found begging, or receiving or gathering alms (whether actually begging, or under the pretext of selling or offering for sale anything), or being in any street, road, or public place for the purpose of so begging, or gathering or receiving alms;

2. That is found wandering and not having any house or settled place of abode, or proper guardianship, or visible means of subsistence;

3. That is found destitute, either being an orphan, or having a vicious parent, or who is undergoing penal servitude or imprisonment;

4. That frequents the company of reputed thieves or prostitutes, or houses of prostitution or assignation, or dance-houses, concert-saloons, theaters, and varieties, without parent or guardian-is guilty of a misdemeanor.

Such misdemeanor is punishable by imprisonment, or commitment to an orphan asylum, society for the prevention of cruelty to children, or other institution, for a term not to exceed one year, in the discretion of the court or magistrate; but no child, apparently under the age of sixteen years, shall be placed in any prison or place of confinement, or in any court-room, or in any vehicle for transportation, or in any place in com

pany with adults charged with, or convicted of, crime, except in the presence of a proper official.

NOTE.-The foregoing three sections embrace a portion of the provisions of "An Act for the protection of children," etc., approved March 30, 1878, and of "An Act relating to children," etc., of the same date. The only change is that the last section limits the term of commitment to an orphan asylum, etc., to one year, while the Acts contain no limit whatever.

SECTION 303. To be repealed as unconstitutional.

SECTION 306. To be repealed as unconstitutional.

SECTION 303. A new section to be added to read as follows:

Selling intoxicants to minors.

Sec. 303. Every person, except a parent ministering to his child, a guardian to his ward, or a physician to his patient, who sells or gives to any minor under the age of sixteen years, to be by him drank, as a beverage, any intoxicating drink, is guilty of a misdemeanor, and is punishable by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding three months.

NOTE. The provisions of the above section are contained in the Act of March 4, 1872.

SECTION 306. A new section to be added to read as follows: Causing suffering to minors.

Sec. 306. Every person who shall willfully cause or permit any child to suffer, or who shall inflict thereon unjustifiable physical pain or mental suffering, and whoever, having the care or custody of any child, shall willfully cause or permit the life or limb of such child to be endangered, or the health of such child to be injured, or any person who shall willfully cause or permit such child to be placed in such a situation that its life or limb may be endangered, or its health shall be likely to be injured, shall be guilty of a misdemeanor.

NOTE. This section contains the provisions of Section 4, of Act of March 30, 1878. SECTION 310. To be repealed as unconstitutional. (See ex parte Jentzsch, 44 Pac. Rep. 803.)

SECTION 325. To be amended to read as follows:

Sec. 325. All moneys and property offered for sale or distribution in violation of any of the provisions of this chapter are forfeited to the State, and may be recovered by information filed, or by an action brought by the Attorney-General, or by any District Attorney, in the name of the State. Upon the filing of the information or complaint, the clerk of the court, or if the suit is in a Justice's Court, the justice, must issue an attachment against the property mentioned in the complaint or informa