In Re Gritton

SHENK, J.

In this habeas corpus proceeding the petitioners, Lynn Gritton and Haree R. Bainbridge, seek their release from the custody of the sheriff of Riverside County. Together with one Watkins they were charged with violating Ordinance Number 393 of that county. They were convicted on a second trial by jury in the Municipal Court of the Riverside Judicial District. Each of the petitioners was granted probation on the condition that he pay a fine of $500 and serve six months in the county jail, all but 30 days of which was suspended. The judgments of conviction were affirmed without opinion by the Appellate Department of the Superior Court in and for the County of Riverside.

At the time of the alleged violations the pertinent provisions of Ordinance Number 393 read as follows:

“. . . No person, firm or corporation shall relocate on or move onto any premises, or permit to be relocated on or moved onto any premises owned by him, any building or structure or substantial portion thereof, which is designed for use or is intended to be used for human occupancy as a dwelling or place of business, without a relocation permit therefor having first been applied for and obtained from the Chief Building Inspector.

“. . . The fee for filing an application for a permit to move a building within or into the County of Riverside is $20.00; ... If the application is approved, an additional fee of $10.00 shall be paid prior to the issuance of the relocation permit.

“. . . Permits for . . . buildings [moved onto premises which are not subject to the provisions of the county building

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code] shall be issued upon application and payment of the required fee.”

Petitioner Gritton, allegedly acting as the agent of petitioner Bainbridge, purchased 50 “G. I.” houses located in the city of Oceanside in San Diego County. Gritton knew of Ordinance Number 393 and consulted with the Riverside County Building Department regarding the issuance of permits to move the houses into Riverside County. The record indicates that the building department at all times knew that the petitioners contemplated moving approximately 50 houses. The ordinance required one permit costing $30 for each building moved, or a total payment of $1,500 for permits for the 50 houses. On December 27, 1954, Gritton purchased three permits. By February 1, 1955, Bainbridge had moved 30 to 35 houses onto Watkins’ land in Riverside County without purchasing additional permits. On February 8, 1955, Gritton took out three additional permits and was told by the building department that he would have to secure still more. On February 28, 1955, the complaint against them was filed. On March 24, 1955, after all 50 houses had been moved onto Watkins’ land, Bainbridge accompanied by Gritton purchased 44 additional permits.