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$ 52. Whoever maliciously procures any process in a civil action to be served on Saturday upon any person who keeps Saturday as holy time and does not labor on that day, or serves upon him any process returnable on that day, or maliciously procures any civil action to which such person is a party to be adjourned to that day for trial, is guilty of a misde

meanor.

Substituted for section 853 of the Political Code. Sec. tion 852, belongs appropriately to that Code.

S53. Any willful attempt by means of threats or violence, to compel any person to adopt, practice or profess any particular form of religious belief, is a misdemeanor.

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This section is by no means intended to restrict the authority of parents to instruct their children, or to require them to attend upon public worship or places of religious instruction. It only forbids compelling another to espouse a particular form of belief.

S54. Every person who willfully prevents by threats or violence another person from performing any lawful act enjoined upon or recommended to such person by the religion which he professes, is guilty of a misdemeanor.

Preventing corr

performance of religious act.

S 55. Every person who willfully disturbs, inter- Disturbing rupts or disquiets any assemblage of people met for meetings. religious worship, by any of the acts or things hereinafter enumerated, is guilty of a misdemeanor.

$56. The following are the acts deemed to constitute disturbance of a religious meeting:

1. Uttering any profane discourse, committing any rude or indecent act, or making any unnecessary noise, either within the place where such meeting is held, or so near it as to disturb the order and solemnity of the meeting;

2. Exposing to sale or gift any ardent or distilled liquors, or keeping open any huckster shop within

Definition of the offense.

two miles of the place where any religious society or assembly shall be actually convened for religious worship, and in any other place than such as shall have been duly licensed and in which the person accused shall have usually resided or carried on business;

3. Exhibiting within the like distance, any shows or plays without a license by the proper authority ;

4. Engaging in, or aiding or promoting, within the like distance, any racing of animals or gaming of any description;

5. Obstructing in any manner, without authority of law, within the like distance, the free passage along any highway to the place of such meeting.

Treason defined.

TITLE IV.

OF TREASON.

SECTION 57. Treason defined.

58. Levying war defined.

59. Resistance to a statute, when levying war.

60. Punishment,

§ 57. The following acts constitute treason against the people of this State:

1. Levying war against the people of this State, within the State; or,

2. A combination of two or more persons, by force to usurp the government of this State, or to overturn the same, evidenced by a forcible attempt made within this State to accomplish such purpose; or,

3. Adhering to the enemies of this State while separately engaged in war with a foreign enemy in the cases prescribed in the Constitution of the United States, and giving to such enemies aid and comfort in this State or elsewhere.

2 Rev. Stat., 656, § 2.

war defined.

$58. To constitute levying war against the people Levying of this State, an actual act of war must be committed. To conspire merely to levy war is not enough.

Ex parte Bollman, 4 Cr., 75, 126.

to a statute,

when levy

ing war.

S59. Where persons rise in insurrection with intent Resistance to prevent in general by force and intimidation, the execution of a statute of this State, or to force its repeal, they are guilty of levying war. But an endeavor, although by numbers and force of arms to resist the execution of a law in a single instance, and for a private purpose, is not levying war.

Levying war.-The above section is based on the cases of United States v. Mitchell, 2 Dall., 348; United States v. Hanway, 2 Wall., Jr., 139, 203; United States v. Hoxie, 1 Paine, 264; United States v. Vigol, 2 Dall., 346, These cases (as well as that of ex parte Bollman, supra,) were all decided in the federal courts, and involved the question what is to be deemed levying war against the United States, under the constitutional definition of treason. (U. S. Const., art. 3, § 3.) They have given a settled construction to the phrase "levying war," which is equally applicable to a definition of treason against a state.

Outlawry for treason.- Proceedings of outlawry for treason are prescribed by Rep. Code Cr. Pro., §§ 884-896. Number of witnesses.—A provision that in prosecutions for treason, two witnesses to the same overt act shall be required, is already reported. (Rep. Code Civ. Pro., § 1782.)

$60. Every person convicted of treason shall suffer Punishdeath for the same.

2 Rev. Stat., 656, § 1. Provisions regulating the manner of inflicting the penalty of death have been already reported. (Rep. Code Cr. Pro., §§ 556–574.)

ment.

TITLE V.

OF CRIMES AGAINST THE ELECTIVE FRANCHISE.

SECTION 61. Bribery, menace and other corrupt practices, at elections.
62. Betting upon elections.

63. Unlawful offers to procure offices for election.
64. Communicating such offers.

Bribery,

menace and other cor

rupt practices, at elections.

Betting upon elec tions.

SECTION 65. Furnishing money for elections, except for specified purposes. 66. Defrauding an elector in his vote.

67. Obstructing electors in attending elections.

68. Voting more than once.

69. Procuring illegal votes.

70. Importing voters who are unqualified.

71. Illegal voting by inhabitants of another state.

72. Illegal voting by inhabitants of this state.

73. Illegal voting by resident of different election district.

74. Illegal voting by unpardoned convict.

75. Procuring name to be registered improperly.

76. Personating registered voters.

77. False statements upon applying for registry.
78. What is deemed a false statement.

79. Disturbance of public meetings.

80. Preventing public meetings.

81. Preventing electors from attending public meetings.

82. Preventing electors from voting.

83. Disobedience to lawful commands of inspectors.

84. Riotous conduct, or violence, which impedes elections.

85. Summary arrest therefor.

86. Such arrest no bar to a subsequent prosecution.

87. Destroying ballots or ballot-boxes.

88. Keeping false poll lists.

89. Misconduct of inspectors.

90. Falsely canvassing votes, or certifying result of election.

91. Election defined.

92. Irregularities in election no defense for violations of this

chapter.

93. Rights of persons lawfully interfering in elections declared. 94. Submission of questions to the people.

95. Good faith in offering to vote, a defense for alleged illegal voting.

S 61. Every person who by bribery, menace or any other corrupt means, either directly, or indirectly, attempts to influence any elector of this State in giving his vote, or to deter him from giving the same, or to disturb or hinder him in the free exercise of the right of suffrage at any election, is guilty of a misdemeanor.

Laws of 1842, ch. 130, tit. vii, § 4.

$62. Every person who makes, offers, or accepts any bet or wager upon the result of any election or upon the success or failure of any person or candidate, or upon the number of votes to be cast either in the aggregate, or for any particular candidate, or

upon the vote to be cast by any person or persons; or upon the decision to be made by any inspector, or canvasser, of any question arising in the course of an election, or upon any event whatever depending upon the conduct or result of an election, is guilty of a misdemeanor.

The words ". 'person or candidate" are used in several sections of this chapter in order that it may be clear that the provisions embrace persons who may be voted for as officers to conduct an election-e. g., the presiding officer of a town meeting - yet who are not candidates for the office to fill which the election is held.

offers to

procure

offices for

electors.

$63. Every person who, being a candidate at any Unlawful election, offers, or agrees to appoint or procure the appointment of any particular person or persons to office, as an inducement or consideration to any person to vote for, or procure or aid in procuring the election of such candidate, is guilty of misdemeanor.

cating such

$64. Every person who, not being a candidate, Communicommunicates any offer made in violation of the last offer. section, to any person, with intent to induce him to vote for or to procure or aid in procuring the election of the candidate making the offer, is guilty of misdemeanor.

$ 65. Every person, who with intent to promote the election, either of himself or of any other person, or candidate, either

1. Furnishes entertainment at his expense to any meeting of electors previous to or during an election; 2. Pays for, procures or engages to pay for any such entertainment;

3. Furnishes, or engages to pay or deliver any money or property, for the purpose of procuring the attendance of voters at the polls, or for the purpose of compensating any person for procuring attendance of voters at the polls: except for the conveyance of voters who are sick, poor, or infirm; or

Furnishing elections,

money for

except for specified purposes.

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