Section 413 Of Title 11. Of Crimes Against The Public Peace From California Penal Code >> Title 11. >> Part 1.
413
. Every person wilfully present as spectator at any fight or
contention prohibited in the preceding section, is guilty of a
misdemeanor.
An information may be laid before any of the magistrates mentioned
in section eight hundred and eight of this code, that a person has
taken steps toward promoting or participating in a contemplated
pugilistic contest, or fight, or ring or prize fight, or sparring or
boxing exhibition, prohibited under the provision of section four
hundred and twelve of this code, or is about to commit an offense
under said section four hundred and twelve. When said information is
laid before said magistrate, he must examine, on oath, the informer,
and any witness or witnesses he may produce, and must take their
depositions in writing and cause them to be subscribed by the parties
making them. If it appears from the deposition that there is just
reason to fear the commission of the offense contemplated by the
person so informed against, the magistrate must issue a warrant
directed generally to the sheriff of the county, or any constable,
marshal, or policeman in the state, reciting the substance of the
information and commanding the officer forthwith to arrest the person
informed against and bring him before the magistrate. When the
person informed against is brought before the magistrate, if the
charge be controverted, the magistrate must take testimony in
relation thereto. The evidence must be reduced to writing and
subscribed by the witnesses. If it appears there is no just reason to
fear the commission of the offense alleged to have been
contemplated, the person complained against must be discharged. If,
however, there is just reason to fear the commission of the offense,
the person complained of must be required to enter into an
undertaking in such sum, not less than three thousand dollars, as the
magistrate may direct, with one or more sufficient sureties,
conditioned that such person will not, for a period of one year
thereafter, commit any such contemplated offense.