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Punishment. be punished by imprisonment in the county jail for a term of not less than three months nor more than six months, or by a fine not less than one hundred dollars nor more than five hundred dollars, or by both such fine and imprisonment.

Employment of
females to
dance, &c.

Misdemeanor.

Punishments.

Employment of females to play.

Misdemeanor.

Punishments.

Duties of officers.

Disposition of fines.

Collection of licenses.

319. SEC. 6. Every person who shall cause or employ any female to dance, promenade, or otherwise exhibit herself for hire, drink, or gain, in any drinking saloon. dance cellar, ball room, public garden, public highway, or in any place whatsoever where there is connected therewith, in any manner, the sale or use, as a beverage, of any spirituous, vinous, or malt liquors, or who shall allow the same in any premises under his control where malt, vinous, or spirituous liquors are sold or used, where two or more persons are assembled together, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine not less than fifty nor more than five hundred dollars, or by imprisonment in the county jail not exceeding three months, or by both such fine and imprisonment; and every female so dancing, promenading, or exhibiting herself, as herein aforesaid, shall be likewise deemed guilty of a misdemeanor, and on conviction, shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding one month, or by both such fine and imprisonment.

320. SEC. 7. Every person who shall cause, or procure, or employ any female to play, for hire, drink, or gain, upon any accordeon, cymbal, hurdygurdy, tambourine, or any other musical instrument, in any drinking saloon, ball room, dance cellar, public garden, or any public highway, or on any ship, steamboat, or rail car, or in any place whatsoever where there is connected therewith, in any manner, the sale or use of any intoxicating, spirituous, vinous, or malt liquors, or who shall allow the same in any premises under his control, where spirituous, vinous, or malt liquors are sold or used, where two or more persons are assembled together, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not less than fifty nor more than five hundred dollars, or by imprisonment in the county jail not exceeding three months, or by both such fine and imprisonment; and any female so playing upon any accordeon, cymbal, hurdygurdy, tambourine, or any other musical instrument whatsoever, shall be likewise deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding one month, or by both such fine and imprisonment.

321. SEC. 8. It shall be the duty of every chief of police, sheriff, deputy sheriff, constable, captain of police, policeman, and every other police officer, to enter, at any time, said places of amusement, and to arrest and convey any person or persons violating any provisions of this act forthwith before any police justice, judge, or magistrate, to be examined and dealt with according to law.

322. SEC. 9. All fines and penalties collected by virtue of this act, shall be paid, one-half into the school fund of the State, and one-half into the school fund of the county in which the same may be recovered.

323. SEC. 10. The licenses provided for in the act shall be collected by the collectors, or other officers now authorized by law to collect State and county licenses. 324. SEC. 11. All acts and parts of acts, so far as they conflict with this act, are hereby repealed.

Physicians may

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325. SECTION 1. Any physician or surgeon duly qualified according to the laws of have dead bodies. this State, or any medical student under the authority of any such physician or surgeon, may have in his possession human dead bodies, or the parts thereof, for the purposes of anatomical inquiry or instruction.

Surrender of dead bodies,

326. SEc. 2. Any sheriff, coroner, warden of a county poor-house, public hospital, county or State prison, or the mayor or board of supervisors of the City of San Francisco, may surrender the dead bodies of such persons as are required to be buried at the public expense to any regular physician duly qualified according to law, to be by him used for the advancement of anatomical science; preference being always given to medical schools by law established in this State, for their use in the instruction of medical students.

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327. SEC. 3. No such dead body shall, in case so surrendered, if the deceased per- Restrictions. son during his last sickness requested to be buried, or if, within thirty-six hours after his death any person claiming to be of kindred or a friend to the deceased shall require to have the body buried, or if such deceased person was a stranger or traveler, who suddenly died before making himself known, but the dead body shall in all such cases be buried.

fitness.

328. SEC 4. Every physician shall, before receiving such dead body, give to the Certificate of board or officer surrendering the same to him, a certificate from the medical society of the county in which he resides, or if there shall be none, from the board of supervisors of the same, that he is a fit person to receive such body; he shall also give a bond, with two sureties, that each body so by him received shall be used only for Bond the promotion of anatomical science, and that it shall be used for such purpose within this State only, and so in no event to outrage the public feeling, and that after having been so used the remains thereof shall be properly buried in some public cemetery, and the usual record made of name and burial, at the expense of the physician being in possession of said body; provided, that nothing in this act contained shall authorize Proviso. the use of any dead body for anatomical purposes except of those persons who have died during their term of service in the State prison, or been executed for crime. 329. SEC. 5. This act shall take effect immediately after its passage.

Apprentices.

An Act to provide for binding minors as apprentices, clerks, and servants.
Approved, April 10, 1858, 134.

330. SECTION 1. Every minor, male or female, with the consent of the persons or Minors may bind officers hereinafter mentioned, may, of his or her own free will, bind himself or her- themselves. self in writing, to serve as clerk, apprentice, or servant, in any profession, trade, or employment; if a male, until the age of twenty-one years, and if a female, until the age of eighteen years, or for any shorter time; and such binding shall be as valid and effectual as if such infant was of full age, at the time of making such engagement. 331. SEC. 2. Such consent shall be given:

parents, &c.,

First, by the father of the infant. If he be dead or be not in a legal capacity to Consent of give his consent, or if he shall have abandoned and neglected to provide for his family, requisite. and such fact be certified by a justice of the peace of the township or county, or sworn to by a credible witness, and such certificate or affidavit be indorsed on the indenture, then:

Second, by the mother. If the mother be dead, or be not in a legal capacity to give such consent or refusal, then :

Third, by the guardian of such infant, duly appointed. If such infant have no parent living, or none in a legal capacity to give consent, and there be no guardian, then:

Fourth, by the supervisors of the county, or any two justices of the peace, or the judge of the probate court of the county.

332. SEC. 3. Such consent shall be signified in writing, by the person entitled to Written consent. give the same, by certificate at the end of or indorsed upon the indentures, and not otherwise.

333. SEC. 4. The executors of any last will of a parent who shall be directed in such Executors may will to bring up his or her child to some trade or calling, may bind such child to service bind. as a clerk or apprentice in like manner as the father might have done if living.

334. SEC. 5. The supervisors of the county may bind out any child under the age Supervisors. above specified, who is or shall become chargeable to such county, to be clerks, apprentices, or servants, until they shall be of the ages above specified, which binding shall be as effectual as if such child had bound himself with the consent of his father.

335. SEC. 6. In every town or city, the presiding officer of the first council or legis- Town officers. lative board thereof, if there be more than one, or any public officer or officers appointed to provide for the poor, may, in like manner, bind out any child, who, or whose parent or parents are, or shall become, chargeable to any such town or city.

336. SEO. 7. The age of every infant so bound shall be inserted in the indentures, Age of apprenand shall be taken to be the true age without further proof thereof; and whenever tice. any public officers are authorized to execute any indentures, or their consent is re

Money clauses.

Education.

Deposit of inden

tures.

Alien minors.

Acknowledgment.

Indians excepted.

Causes for annul

quired to the validity of the same, it shall be their duty to inform themselves fully the infant's age.

337. SEC. 8. Every sum of money paid or agreed for, with or in relation to t binding out of any clerk, apprentice, or servant, shall be inserted in the indentures. 338. SEC. 9. The indenture shall also contain an agreement on the part of the p son to whom such child shall be bound, that he will cause such child to be instruct to read and write, and to be taught the general rules of arithmetic, or in lieu there that he will send such child to school three months of each year of the period indenture.

339. SEC. 10. The counterpart of any indentures executed by any county, or city, town officers, shall be by them deposited in the offices, respectively, of the clerk of ar such county, city, or town.

340. SEC. 11. Any white person capable of becoming a citizen of this State, comin from any other country, or state, or territory, may bind him or herself to service, if minor, until his or her majority, or for any shorter term. Such contract, if made f the purpose of raising money to pay his or her passage, or for the payment of suc passage, may be for the term of one year, although such term may extend beyond th time when such person will be of full age, but it shall in no case be for a longer tern 341. SEC. 12. No contract made under the last section shall bind the servant, unles duly acknowledged by the person making such contract, before some public magistrat or other officer authorized to administer oaths, and such acknowledgment certifyin that the same was made freely on private examination, be indorsed upon the contract 342. SEC. 13. Nothing in this act shall concern, or in any manner affect or relate t Indians; and every person having one-half or more of Indian blood shall be deemed a Indian within the provisions of this act.

343. SEC. 14. Such indentures of apprenticeship may be annulled and declared ling indentures. void by any district court, or a judge thereof, or by a county court, or a judge of such court, in the county where the master, or person to whom such apprentice is bound. shall reside, upon satisfactory proof of either of the following named causes: First, fraud in the contract of indenture;

Proceeding for annulling inden

tures.

Citation.

Answer.

Hearing.

Second, when such contract is not made or executed in accordance with the provisions of this act;

Third, for wilful non-fulfilment, by such master, of the provisions of such indenture;

Fourth, cruelty, or maltreatment of such apprentice, by the master, without just cause or provocation. And in such case an account may be taken and adjusted by such court or judge for any services rendered by the apprentice for the master under the articles of such indenture; and, in case such indenture shall be annulled, judgment may be given for such sum as may be found equitably due the apprentice, on account of any services so performed by him for stich master.

344. SEC. 15. For the purpose of annulling such contract of apprenticeship, and recovering for services as aforesaid, application shall be made, either in term-time or vacation, by such apprentice, or on his behalf, but always in his name; which application shall be made by petition, verified by oath, stating the grounds on which such application is made, the amount claimed, if any, for such services, and praying for the relief demanded. Such petition shall be filed with the clerk of the court, who shall immediately issue a citation thereon, duly certified, stating the grounds of such application as set forth in the petition, and the relief sought thereby. The citation shall also designate the time and place for the hearing of the application, and shall be directed to such master, and shall require him to appear and answer such petition, at the time and place so designated, or in default thereof proof will be heard thereon in his absence, and such judgment as the right of the case will be rendered upon such petition; such citation shall be served at least five days before the day appointed therein for the hearing as aforesaid, by such person or officer (in the same manner and with the like effect) as are authorized to serve summons in civil cases in courts of record. And on the day appointed for the hearing of the petition, such master may file his answer, in writing, verified like the petition, setting forth any just cause why the prayer of the petitioner should not be granted; and upon such pleadings, the court or judge in term-time or vacation, shall hear the proofs of the parties, who shall be styled plaintiff and defendant, as in civil cases in the same manner, and shall determine the case in all respects as chancery cases are tried and decided under the civil practice act, and may annul such indentures, and grant any remedy or relief provided in this act, either with or without costs. But no adjournment or continuance of

the case shall be granted, for any cause, for a longer period than ten days for any one time, and the decision of such court or judge shall be final.

service.

345. SEC. 16. Any person held to service under the provisions of this act, and un- Absence from lawfully departing and absenting himself or herself therefrom, upon the application of the master or mistress of such person, under oath, in writing, to the county judge of the county, that such person has absented himself or herself without permission, the judge may issue a writ reciting the substance of the affidavit, and commanding that such person be brought before him; the writ may be served by any officer authorized Arrest. to make arrests, and if, upon the person being brought before him, and upon an examination of the matter, he is satisfied that such person is legally held to service, and has absented himself or herself without just cause, he shall order the person held Order. to service to return to the care and custody of the person lawfully entitled to such service or labor. If such person persist in refusing to return, or returning, immediately absent himself or herself without leave, such judge may order such person held to service to be confined in the county jail, station-house, or house of refuge, for such time as he may deem proper, not to exceed one month; or, at the instance of the master or mistress, may annul the indentures.

346. SEC. 17. Any person who shall aid, assist, or encourage any person to run away, or harbor or conceal any person held to labor, knowing the same to be absent without leave of the master or mistress, shall be deemed guilty of a inisdemeanor, and on conviction thereof, shall be fined in any sum not exceeding one hundred dollars.

[The following acts are given on account of the features of a general character contained in them.]

An Act to authorize the board of managers of the San Francisco Orphan Asylum Society, or any other orphan asylum society in this State, to bind as apprentices, clerks, and servants, orphan and half-orphan children under their care and tuition.

Approved February 22, 1860, 87.

Aiders and abet

tors of runaway apprentices.

347. SECTION 1. Every orphan and half-orphan child under the care, control, sup- Orphans and half port, and education, of the San Francisco Orphan Asylum Society, or any other orphans. orphan asylum society in this State, or who may hereafter be placed in their charge for support and education, may, with the consent of the board of managers of said asylum, and of his or her own free will, bind himself or herself, in writing, to serve as a clerk, apprentice, or servant, in any profession, trade, or employment-if a male under the age of twenty-one years, and if a female under the age of eighteen years, or for any shorter time, and such binding shall be as valid and effectual as if such infant were of full age at the time of making such engagement; provided, that unless Proviso. such binding be for the purpose of learning a mechanical trade, the term of service of males shall expire at the age of eighteen years.

348. SEC. 2. Such consent shall be given by the orphan or half-orphan, himself or Consent. herself, and in case of half-orphans, the consent of the living parent, if residing in this State, shall also be given, if such living parent be of legal capacity to give the same; and if not, proof of his or her incapacity shall be taken by the affidavits of two credible witnesses, which affidavit shall be indorsed upon the indentures, and a certified copy of the resolution of the board of managers of said asylum consenting to, and authorizing, the binding of such child, male or female, shall be inserted in the articles of indenture.

349. SEC. 3. Such consent shall be signified in writing by the person entitled to Written consent. give the same, by certificate, at the end of, or indorsed upon, the indentures, and not otherwise.

350. SEC. 4. The age of every infant so bound shall be inserted in the indenture, Indentures. and shall be taken to be the true age, without other proof; and the articles of indenture shall also contain the term of service and the profession, trade, or employment, with the conditions of such service and apprenticeship, as well on the part of the ward as of the master or mistress, with legal form and accuracy.

351. SEC. 5. The said board of managers shall in all cases fix the amount of com- Compensation, pensation, the time to be allowed for education during the period of indenture in education, enployment, &c. each individual case, or the profession, trade, or employment, as the capacity of the infant may in their judgment require.

Execution of

352. SEC. 6. Such indentures of apprenticeship shall be executed on the part of the asylum by the president and secretary of their board of managers, and the seal indentures. of the corporation affixed thereto, and by the signature and seal of such ward. 353. SEO. 7. Such indentures of apprenticeship may be annulled and declared void

Annulling of indentures.

Causea.

Bee 844, 345, 346.

Binding by
San Francisco
Ladies' Protec-
tion and Relief
Society.

Board of
Supervisors.

Proviso.

Township trustees.

Indentures.

Age of child.

Money clauses.

Education.

Annulling of indentures.

Causes

Account

by any district court or by a judge thereof, or by a county court or a judge of said county court in the county where the master or mistress of any such apprentice shall reside, upon satisfactory proof of any of the following causes :

First, fraud in the contract of indenture;

Second, when such contract is not made or executed in accordance with the provisions of this act;

Third, for wilful non-fulfilment by such master or mistress of the provisions of such indenture;

Fourth, cruelty or maltreatment of such apprentice by the master or mistress; and in the case of the annulling of such indentures for any of the above causes, the accounts may be taken and adjusted by the court or judge for any service rendered by the apprentice for the master or mistress under such articles of indenture, and judgment shall be given for such sum as may be found equitably due to the apprentice for services so performed.

354. SEC. 8. Sections fifteen, sixteen, and seventeen, of an act entitled "An act to provide for binding minors as apprentices, clerks, and servants," approved April tenth, one thousand eight hundred and fifty-eight, are incorporated herein and made applicable to, and part of, this act.

An Act relating to the indenturing of minors.

Approved May 12, 1862, 515.

The

355. SECTION 1. The board of lady managers(") of the San Francisco Ladies' Protection and Relief Society, by their president and secretary, may bind out any child under their care, or who shall come under their care, until such child shall become of age, or any shorter time, to serve as clerk, apprentice, or servant, in any profession, trade, or employment, and such binding shall be as valid and effectual as if such child had bound himself, with the consent of his father or mother, or either of them. board of supervisors of the several counties of this State shall have similar powers to indenture all children within their respective counties who are destitute of parents or guardians, or means of support; provided, that the power conferred by this section on the board of supervisors, shall, in those counties in which the township law is in force, be exercised by the board of township trustees. [Amendment, approved March 16, 1863, 59; took effect from passage.

356. SEC. 2. The binding out of any child under the provisions of this act, shall be by indenture, in writing, executed in triplicate, by the president and secretary of said board of lady managers, under the direction of said board, or by the board of supervisors of any county, and the person or persons to whom such child shall be bound, and acknowledged before the county judge, district judge, or notary public, and one copy of said indenture shall be filed with the county clerk of said City and County of San Francisco, or the county clerk of the county wherein the indenture is made. [Amendment, approved March 16, 1863, 59; took effect from passage.

357. SEC. 3. The age of every child so bound shall be inserted in the indenture, and shall be taken to be the true age, without further proof thereof.

358. SEC. 4. Every sum of money paid as agreed for, with or in relation to the binding out of any child for any clerk, apprentice, or servant, shall be inserted in the indenture.

359. SEC. 5. The indenture shall also contain an agreement, on the part of the person to whom such child shall be bound, that he will cause such child to be instructed in the English language, and for that purpose will send such child to school three months each year of the period of indenture.

360. SEO. 6. Such indenture may be annulled and declared void, by any court of equity jurisdiction, or judge thereof, for the county where the person to whom such child is bound shall reside, upon satisfactory proof of either of the following named causes: First, fraud in the contract of indenture; Second, when such contract is not made or executed in accordance with the provisions of this act; Third, for non-fulfilment, by the person to whom such child is bound, of the provisions of the indenture; Fourth, cruelty or maltreatment of such child by such person.

361. SEC. 7. In case of the indenture being declared void, or annulled, for any of the foregoing causes, an account shall be taken, either by the court or a referee, of what is justly due to such infant servant, clerk, or apprentice, for his labor or service actually rendered to his master or employer, to whom he shall have

(") The power of binding minors was given by the original section to the board of trustees.

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