ACTS OF THE LEGISLATURE OF CALIFORNIA.

CHAP. CCLXIV.—An Act supplementary to an Act entitled an Act concerning Crimes and Punishments, passed April sixteenth, one thousand eight hundred and fifty.— Approved April 20, 1863.

The People of the State of California,

represented in Senate and Assembly, do enact as follows:

SECTION 1. Every person who shall expose to public view, on his own premises or elsewhere, or suffer to be exposed to public view on his own premises, any flag, or device, of the description used, or reputed to be used, by any rebels against the authority of this State, or of the United States, or by any public enemies of this State, or of the United States, shall be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding three hundred dollars, or by imprisonment in the County Jail for a term not exceeding sixty days, or by such fine and imprisonment both, at the discretion of the Court having cognizance of the offense. SEC. 2. Such flag or device so exhibited, with the apparatus connected therewith, shall be deemed a nuisance, and any Constable of the township in which the same shall be so exhibited, or the Sheriff, or a Deputy Sheriff, or any other peace officer of the county in which the same shall be so exhibited, taking sufficient assistance therefor, may seize and destroy the same.

SEC. 3. This Act shall be in force from and after its passage.

CHAP. CCCXXVII.—An Act to prevent the Arming and Equipping, within the jurisdiction of this State, of Vessels for Piratical or Privateering purposes, and other treasonable conduct.-Approved April 25, 1863.

The People of the State of California,

represented in Senate and Assembly, do enact as follows:

SECTION 1. If any person shall, within the limits and jurisdiction of this State, fit out, arm, furnish, provide, or equip, or attempt to fit out, arm, furnish, provide, or equip, or procure to be fitted out, armed, furnished, provided, or equipped, or shall knowingly advise, or aid and abet, or be concerned in the fitting out, arming, furnishing, providing, or equipping, any private ship or vessel of war, or privateer, or vessel, sailing or intended to sail under any letter of marque, with intent that such ship or vessel shall be employed to cruise against or commit hostilities upon the citizens of the United States or their property, or if any person shall take the command of or enter on board any such ship or vessel, with the intent aforesaid, or shall purchase any interest in such ship or vessel, with the view to share the pro

fits thereof, every such person so offending shall be deemed guilty of felony, and on conviction thereof, shall be punished by imprisonment in the State Prison for not more than twenty years nor less than five years, or shall suffer death; provided, the jury by their verdict shall so determine and direct.

SEC. 2. If any person shall, within the limits and jurisdiction of this State, begin, or set on foot, or provide, or prepare, or furnish the means for, or knowingly aid and abet, or be concerned in beginning, setting on foot, or providing, preparing, or furnishing the means for any military or hostile expedition, to be carried on against the Government of the United States, or the loyal citizens thereof, or their property, every person so offending shall be deemed guilty of felony, and on conviction thereof, shall be punished by imprisonment in the State Prison not more than twenty years nor less than five years, or shall suffer death; provided, the jury by their verdict shall so determine and direct.

SEC. 3. If any person shall, within the limits and jurisdiction of this State, enlist, or enter himself, or hire, or retain, or attempt to hire or retain another person to enlist himself, or aid, counsel, and advise, or aid and abet in procuring another to enlist himself as a soldier, or as a marine or sailor on board of any vessel, with intent that the person so enlisting shall commit hostilities against the Government or citizens of the United States, or their property, any person so offending shall be deemed guilty of felony, and on conviction thereof, shall be imprisoned in the State Prison not more than twenty years nor less than five years, or shall suffer death; provided, the jury by their verdict shall so determine and direct.

SEC. 4. If any person shall accept, or deliver to another, any commission, or any letter of marque, purporting to emanate from or to be issued under the authority of the so-called Government of the Confederate States of America, with the intent that the same shall be used as a pretended authority to commit hostilities by land or sea against the Government of the United States, or the citizens thereof, or their property, every person so offending shall be deemed guilty of felony, and on conviction thereof, shall be punished by imprisonment in the State Prison for not more than twenty years and not less than five years, or shall suffer death; provided, the jury by their verdict shall so determine and direct. The possession within this State of any such commission or letter of marque, shall be deemed prima facie evidence on the trial of such offender of the intent that the same shall be used as aforesaid.

SEC. 5. This Act shall take effect immediately.

CHAP. CCCLXV.—An Act to exclude Traitors and Alien Enemies from the Courts of Justice in Civil Cases.-Approved April 25, 1863.

The People of the State of California,

represented in Senate and Assembly, do enact as follows:

SECTION 1. Whenever any civil suit shall be pending in any Court of Record in this State, the defendant, or one of several defendants, or his Attorney, may, at any time after the commencement of the action, or the filing of the complaint therein, serve upon the plaintiff, if a natural person, or his attorney, a written notice, objecting to the further prosecution of said suit, on the ground of the disloyalty of the plaintiff; and thereupon all proceedings in said suit shall be stayed until said plaintiff shall take and subscribe, before some officer authorized to administer oaths, and shall file in said cause, an affidavit in the following form, to-wit:

"I [here insert the name of the plaintiff] do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of California; that I will bear true faith and allegiance to the Government of the United States, any ordinance, resolution, or law of any State or Territory, or of any Convention or Legislature thereof, to the contrary notwithstanding; that I have not, since the [here insert the date of the passage of this Act] knowingly aided, encouraged, countenanced, or assisted, nor will I hereafter, in any manner, aid, encourage, countenance, or assist, the so-called Confederate States, or any of them, in their rebellion against the lawful Government of the United States; and this I do without any qualification or mental reservation whatsoever. So help me God." And if the said plaintiff shall fail to take and file said oath within ten days after the giving of such notice, if a resident of the county, or within forty days, if a resident of the State and not of the county, or if not a resident of the State, then within such further reasonable time as the Court or a Judge thereof may determine, said case shall thereupon be absolutely dismissed, and no other suit shall ever be maintained by the said plaintiff, his grantees or assigns, for the same cause of action; provided, that the time may, for cause shown, be enlarged by the Court or a Judge thereof, and that the Court may relieve against any forfeiture or default arising from accident, surprise, or excusable neglect; and, provided, that where the plaintiff sues as a Trustee, or to the use of another, the oath may be taken by the person for whose benefit the action is prosecuted; and, further, provided, that when the plaintiff is a foreigner by birth, who has never been naturalized, nor declared his intention to become a citizen of the United States, he may take and file the following oath :

I [inserting his name] do solemnly swear that I will not at any time, or in any manner, aid, encourage, countenance, or assist the so-called Confederate States, or any of them, in their rebellion against the Government of the United States, and that I will not, while a resident of the United States, knowingly commit or encourage any act tending to subvert the Constitution or Government thereof. So help me God."

SEC. 2. If a counter claim shall be set up, or new matter be affirmatively pleaded by the defendant in any suit, the plaintiff may, at any time after the filing of the anwer, give or cause to be given to the defendant, if a natural person or his Attorney, a similar notice to the one provided for in the preceding section, objecting, on like ground, to the introduction of such counter claim or affirmative matter; and thereupon, if the defendant shall fail to make and file a like oath, within the respective times in the said section above limited, such counter claim or new matter shall be disregarded by the Court, and the cause shall proceed as if the same had not been pleaded, and no suit shall ever be maintained by the said defendant, his grantees or assigns, for the same cause or matter.

SEC. 3. No Attorney at Law shall be permitted to practice in any Court in this State until he shall have taken and filed in the office of the County Clerk of the county in which the Attorney shall reside, the oath prescribed in this Act; and for every violation of the provisions of this section, the Attorney so offending shall be considered guilty of a misdemeanor, and on conviction, shall be fined in the sum of one thousand dollars.

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SEC. 4. This Act, so far as the same relates to parties to an action, shall take effect immediately.*

CHAP. CCCCXCVIII.—An Act to punish Offenses against the Peace of the State.Approved April 27, 1863.

The People of the State of California,

represented in Senate and Assembly, do enact as follows:

SECTION 1. Every person who shall, in time of actual war waged against the United States, whether by a foreign or domestic foe, profess adherence to the common enemy, or, maliciously abusing the freedom of speech, shall publicly wish evil to the national cause, or that disaster may befall the national arms, or who shall in any manner rejoice at any reverse of the national army, or any part thereof, or who shall in any manner by word indorse, or defend, or cheer any overt attempt, or any person engaged in such overt attempt, to subvert and destroy the lawful authority of the United States in any State thereof, shall be deemed guilty of misdemeanor, and upon conviction thereof, shall be punished by imprisonment in the County Jail for a term not exceeding one year, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment.

Sections 28 and 29 of “An Act to provide for the Sale of certain Lands belonging to the State," passed April 27, 1863, read as follows:

SEC. 28. No location of land made under the provisions of this Act, or any proceedings in accordance therewith, shall be construed to give any title to, interest in, or right of possession or occupation of any of the Public Lands in this State, unless the person for whose benefit the location is made or the proceedings taken shall have first taken and subscribed the following oath or affirmation :

"I do solemnly swear [or affirm, as the case may be] that I will support, protect, and defend the Constitution and Government of the United States against all enemies, whether domestic or foreign, that I will bear true faith, allegiance, and loyalty to the said Constitution and Government, any ordinance or law of any State, Convention, or Legislature, or any rule or obligation of any society or association, or any decree or order from any source whatsoever, to the contrary notwithstanding; and that I will support the Constitution of the State of California; and further, that I do this with a full determination, pledge, and purpose, without any mental reservation or evasion whatsoever, and that this oath [or affirmation as the case may be] is not taken for the purpose of acquiring title to, interest in, or possession of any land in order that such title, interest, or possession may be transferred to any person or persons, to enable such person or persons to evade the provisions of any law of the State of California, or any regulation of the General Land Office at Washington."

SEC. 29. The certificate of the oath or affirmation prescribed in the preceding section shall be indorsed on a description of the land over which ownership or control is sought to be acquired, setting forth when the land had been surveyed by the General Government, the section and subdivision of section, township, and

*In Wright v. Cohen, the Supreme Court of California at its July Term, 1863, held the provisions of this Act, relating both to parties and attorneys, to be constitutional and valid Crocker J. delivered the opinion of the Court, Norton J. concurring.

range, in which such land is situated, and the said description, with the certificate of the oath or affirmation indorsed as prescribed by this section, shall be filed in the office of the Recorder of the county in which the land described is situated, and the right of the person making the oath or affirmation shall not be deemed to attach to such land by virtue of any proceedings under this act until the moment of the filing the description and certificate of the oath or affirmation in the office of the County Recorder, and no certificate of purchase or patent shall be issued to any person for lands located under this Act until a certified copy of said description and oath or affirmation has been filed in the office of the State Register.