the time of capture are unfit for use as food, shall return the same to the water. Every person who shall violate the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than one hundred dollars, nor more than five hundred dollars, or imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment in the discretion of the court. One third of all penalties received under this section shall be paid to the informer, one third to the district attorney of the county prosecuting the suit, and one third to the school fund of the county.

Incidental Expenses.-The commissioners authorized to be appointed by this act shall receive no compensation for their services. Their necessary expenses incidental to procuring and distributing the ova or spawn of fish, in the employment of fish breeders, and in carrying out the provisions of this act, shall be paid from the appropriations herein made upon accounts or vouchers, to be approved by the state board of examiners. The commissioners shall report biennally, to the governor, an account of their transactions under this act, and make an exhibit of their expenditure of money under its provisions.

Appropriations.-The sum of five thousand dollars is hereby appropriated out of any money in the general fund, not otherwise appropriated, and the controller is hereby authorized to draw his warrant on the treasury in payment of accounts of the board of fish commissioners, as herein authorized.

Indians Excepted.-Nothing in this act shall be construed to prohibit or prevent Indians from taking trout in any of the streams or lakes of this state, at any time, by the same means heretofore usually used and employed by them.

All Other Laws Repealed.-The acts of 1861-2 and 1866 are repealed.

HUSBAND AND WIFE.

Custody of Children. [Applicable to California.]-The husband and father, as such, shall have no rights superior

to those of the wife and mother in regard to the care, custody, education and control of the children of the marriage, while such husband and wife live separate and apart from each other; and, without application for a divorce, the husband or wife may bring his or her action for the exclusive control of the children of the marriage; and the court may, during the pending of such action, or at the final hearing thereof, or afterwards, make such order or decree in regard to the support, care, custody, education and control of the children of the marriage, as may be just and in accordance with the natural rights of the parents and the best interests of the children, and may at any time thereafter amend, vary or modify such order or decree, as the natural rights and the interests of the parties, including the children, may require.

MINORS.

CALIFORNIA.-STATUTORY PROVISIONS, 1871.

Adoption of Minors.-Sec. 1. Any one over twenty-one years of age, of a good moral character and standing in the community, excepting a married woman, may adopt one or more minors, but in all cases the party adopting shall be fifteen years older than the minor.

Consent of Wife.-Sec. 2. Adoption shall not be allowed. by a married man, without the consent of his wife.

Consent of Parents.-Sec. 3. A legitimate offspring cannot be adopted without the consent of its parents, nor can an illegitimate one be adopted without the consent of its mother; but the consent of the minor, if over twelve years of age, shall always be necessary.

Petition for Adoption. - Sec. 4. Adoption shall take place by a sworn petition of the party adopting to the probate judge of the county where he resides, and his appearance before said court with the parties, whose consent is necessary.

--

Order of Court. Sec. 5. The judge shall ascertain whether all the necessary parties are present, and if, upon their separate examinations, he is satisfied that the party

applying possesses the necessary qualifications, and that the interest of the minor will be promoted, he shall issue an order reciting, among other things, the names of all the parties, that the necessary consent has been obtained, the age of the party applying and that of the minor, and decreeing that the minor should be adopted and treated in every respect as a lawful child should be treated.

Rights of Adopted Child. Sec. 6. A minor, when adopted, shall be entitled to the name of the party adopting, and the two henceforth shall bear towards each other the legal relations of parent and child, and the minor shall enjoy all the legal rights and be subject to all the duties appertaining to that relation; except, however, that if the adopted child leaves descendents, ascendents, brothers or sisters, the party adopting, nor his relatives, shall not inherit the estate of the adopted child, nor any part thereof; nor shall it be lawful for the adopted child, until he or she is over twenty-one years of age, to make any testamentary. dispositions in favor of said party adopting or his relatives.

Rights of Parents.-Sec. 7. The parents of an adopted minor are, from the time of adoption, relieved of all parental duties and responsibilities toward the minor, and lose all rights or control over it.

Legitimation.Sec. 8. A child born before wedlock shall, to all intents and purposes, become legitimate by the subsequent marriage of its parents.

Acknowledgment of Illegitimate Child.-Sec. 9. Either or both parents of an illegitimate child, or the father with the consent of the wife, or the mother with the consent of the husband, may acknowledge such child as his or their own, by a document in writing, executed by either if single or both if married, or by treating, receiving or acknowledging him publicly as his or their own legitimate child; and such child, and the one mentioned in the foregoing section, shall, to all intents and purposes, be deemed legitimate from the time of its birth, and entitled to all the rights and privileges of legitimate offspring.