California Charles Howard Fairall.

Criminal law and procedure of California including the penal code of California online

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340. Every pawnbroker who charges or receives interest at
the rate of more than two per cent, per month, or who by
charging commissions, discount, storage, or other charge, or by
compounding increases, or attempts to increase, such interest,
is guilty of a misdemeanor. [Amendment, approved March 7,
1881; Amendments 1881, p. 75. In effect March 7, 1881.]

67 Cal. 36*>.

Selling before time of redemption has expired, or without no-
tice.

341. Every pawnbroker who sells any article pledged to him
and unredeemed, until it has remained in his possession six
months after the last day fixed by contract for redemption, or
who makes any sale without publishing in a newspaper printed
in the city, town, or county, at least five days before such saio,
a notice containing a list of the articles to be sold, and specify-
ing the time and place of sale, is guilty of a misdemeanor.

Refusing to disclose particulars of sale.

342. Every pawnbroker who wilfully refuses to disclose to
the pledgor or his agent the name of the purchaser and the
price received by him for any article received by him in pledge
and subsequently sold, or who, after deducting from the pro-



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843-347 PENAL CODE. 650

ceeds of any sale the amount of the loan and interest due
thereon, and four per cent, on the loan for expenses of sale,
refuses, on demand, to pay the halance to the pledgor or hit
agent, is guilty of a misdemeanor.

Refuting to allow an officer with search warrant to inspect
register of pledged articles.

343. Every pawnbroker who fails, refuses, or neglects to pro-
duce for inspection his register, or to exhibit all articles received
liy him in pledge, or his account of sales, to any officer hold-
ing a warrant authorizing him to search for personal property,
or the order of a committing magistrate directing such officer
to inspect such register, or examine such articles or account of
sales, is guilty of a misdemeanor.

Junk dealers, application of code sections to.

344. Sections three hundred and thirty-nine, and three hun-
dred and forty-two, and three hundred and forty-three of the
Penal Code are applicable to the persona carrying on the busi-
ness of junk dealers, their clerks, employees, or servants, and
to persons acting as brokers or commission agents for such
persons, and apply to their transactions of purchase and sale
as well as to those of pledge or mortgage. [Stats. 1901. p. 75.]



CHAPTER XII.
OTHER INJURIES TO PERSONS.

Sec. 346. Acts of Intoxicated physicians.

347. Wilfully poisoning food, medicine, or water.

348. Mismanagement of steamboats.

349. Mismanagement of steam-boilers.

350. Counterfeiting trade-marks.

351. Selling goods which bear counterfeit trade-marks.

352. Definition of the phrase "counterfeited trade-marks," etc

353. "Trade-mark" defined.

354. Refilling casks, etc., bearing trade-mark.

354i. Selling or refilling casks, etc., containing trade-mark.
354i. Destroying or defacing trade-mark.

355. Defacing marks upon wrecked property and destroying bills

of lading.

356. Defacing marks upon logs, lumber, or wood.

357. Changing or defacing marks or brands on domestic animals.
357}. Same.

358. Frauds In affairs of special partnership.

359. Contracting or solemnizing Incestuous or forbidden marriages.

360. Making false return or record of marriage.

361. Cruel treatment of lunatics, etc.

362. Refusing to Issue or obey writ of habeas corpus.

363. Rpcon fining persons discharged upon writ of habeas corpus.

364. Concealing persons entitled to benefit of habeas corpus.

365. Innkeepers and carriers refusing to receive guests.

366. Counterfeiting quicksilver stamps.

367. Selling debased quicksilver.

Acts of Intoxicated physicians.

346. Every physician who, in a state of intoxication, doea
any act as such physician to another person by which the lift
of such other person is endangered, is guilty ot a misdemeanor.

Wilfully poisoning food, medicine, or water.

347. Every person who wilfully mingles any poison with any
food, drink, or medicine, with intent that the same shall be
taken by any human being, to his injury, and every person who



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651 OTHER INJURIES TO PERB0N8. 348-351

wilfully poisons any spring, well, or reservoir of water, is pun-
ishable by imprisonment in the state prison for a term not less
than one nor more than ten years.

Mismanagement of steamboats.

348. Every captain or other person having charge of any
steamboat used for the conveyance of passengers, or of the
boilers and engines thereof, who, from ignorance or gross neg-
lect, or for the purpose of excelling any other boat in speed,
creates, or allows to be created, such an undue quantity of
steam as to burst or break the boiler, or any apparatus or
machinery connected therewith, by which bursting or breaking
human life is endangered, is guilty of a felony. [Amendment
approved March 30, 1874; Amendments 1873-4, p. 431. In effect
July 1, 1874.1

Mismanagement of steam-boilers.

349. Every engineer or other person having charge of any
steam-boiler, steam-engine, or other apparatus for generating
or employing steam, used in any manufactory, railway, or other
mechanical works, who wilfully, or from ignorance, or gross
neglect, creates, or allows to be created, such an undue quantity
of steam as to burst or break the boiler or engine, or apparatus,
or cause any other accident whereby human life is endangered,
is guilty of a felony. [Amendment approved March 30, 1874;
Amendments, 1873-4, p. 431. In effect July 1, 1874.1

Counterfeiting trademarks.

350. Every person who wilfully reproduces, copies, imitates,,
forges, or counterfeits, or procures to be reproduced, copied,
imitated, forged, or counterfeited, any trademark usually affixed
by any person to his goods, which has been duly recorded In
the office of the secretary of state, or with the commissioner
of patents in the United States patent office, or any label or
brand, composed in whole or in part of a reproduction of said
trademark, or who affixes the same to goods of essentially the
same descriptive properties and qualities as those referred to
in the registration of such trademark, with intent to pass off,
or to assist other persons to pass off, any goods to which such
reproduced, copied, imitated, forged, or counterfeited trademark,
or label, or brand is affixed, or intended to be affixed, as the
goods of the person, firm, company, or corporation owning the
said trademark, is guilty of a misdemeanor. [Amendment
approved March 27, 1897; Stats. 1897, p. 212.1

Selling goods which bear counterfeit trademarks.

351. Every person who sells, or keeps for sale, or manufac-
tures or prepares, for the purpose of sale, any goods upon or
to which any reproduced, copied, imitated, forged, or counter-
feited trademark, or label, or brand, composed in whole or in
part of such a reproduced, copied, imitated, forged, or counter-
feited trademark, has been affixed, after such trademark has
been recorded in the office of the secretary of state, or with
the commissioner of patents in the United States patent office,
intending to represent such goods as the genuine goods of the
person, firm, company, or corporation owning the said trade-
mark, knowing the same to be reproduced, copied. Imitated,
forged, or counterfeited, is guilty of a misdemeanor. [Amend-
ment approved March 27, 1897; Stats. 1897, p. 213.]



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352-3541 PENAL CODE. 552

Definition of the phrase "counterfeited trademark," etc.

362. The phrases "forged trademark" and "counterfeited
trademark/' or their equivalents, as used in this chapter, incliide
every alteration or imitation of any trademark so resembling
the original as to be likely to deceive.

^*Trademarl<" defined.

353. The phrase "trademark," as used in the three preced-
ing sections, includes every description of word, letter, device,
emblem, stamp, imprint, brand, printed ticket, label, or wrap-
per usually affixed by any mechanic, manufacturer, druggist,
merchant, or tradesman, to denote any goods to be goods
imported, manufactured, produced, compounded, or sold by him,
other than any name, word, or expression generally denoting
any goods to be of some particular class or description.

Refilling casks, etc., bearing trademark.

354. Every person who has in his possession, or who uses
any cask, bottle, vessel, case, cover, label, brand, or other
thing bearing, or having in any way connected with it, the
trademark of another, which has been duly recorded in the
office of the secretary of state, or with the commissioner of
patents in the United States patent office, or the trade name
of another, for the purpose of disposing of any article other
than that which such cask, bottle, vessel, case, cover, label,
brand, or other thing originally contained, or is connected with
by the owner of such trademark or trade name, with intent to
deceive or defraud, is guilty of a misdemeanor. [Amendment
approved March 27, 1897; Stats. 1897, p. 213.]

Selling or refilling casks, etc., containing trademark.

3541/^. Every person who wilfully sells, or traffics in any
cask, keg, bottle, vessel, siphon, can, case, or other package
bearing the duly filed trademark or name of another, printed,
branded, stamped, engraved, etched, blown, or otherwise
attac'hed or produced thereon, or refills any such cask, keg,
bottle, vessel, siphon, can, case, or other package with intent
to defraud the owner thereof, without the consent of the owner
thereof, or unless the same shall have been purchased from the
owner thereof, is guilty of a misdemeanor. [In effect sixty days
from March 14, 1899; Stats. 1899, p. 103.]

Destroying or defacinn trademark.

354%. Every person who shall wilfully deface, erase, oblit-
erate, cover up, or otherwise remove, destroy, or conceal the
duly filed trademark or name of another, printed, branded,
stamped, engraved, etched, blown, impressed, or otherwise
attached to, or produced upon any cask, keg, bottle, vessel,
siphon, can, ca?e, or other package, for the purpose of selling
or trafficking in such cask, keg, bottle, vessel, siphon, can,
case, or other package, or refilling such cask, keg, bottle,
vessel, siphon, can, case, or other package, with intent to
defraud the owner thereof, without the consent of the owner,
or unless the same shall have been purchased from the owner,
is guilty of a misdemeanor. [In effect sixty days from March
9, 1S99; Stats. 1899, p. 87.1



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^53 OTHER INJURIES TO PERSONS. 355-862

Defacing marks upon wrecked property and destroying bills of
lading.

355. Every person who defaces or obliterates the marks upon
wrecked property, or in any manner disguises the appearance
thereof, with intent to prevent the owner from discovering its
identity, or who destroys or suppresses any invoice, bill of
lading, or other document tending to show the ownership, Is
guilty of a misdemeanor.

Defacing marks upon logs, lumber or wood.

356. Every person who cuts out, alters, or defaces any mark
made upon any log, lumber, or wood, or puts a false mark
thereon with intent to prevent the owner from discovering its
identity, is guilty of a misdemeanor.

128 Cal. 443.

Changing or defacing marks or brands on domestic animals.

357. Every person who marks or brands, altera, or defaces
the mark or brand of any horse, mare, colt, jack, Jennet, mule,
bull, ox, steer, cow, or calf belonging to another, with intent
thereby to steal the same, or to prevent identification thereof
by the true owner, is punishable by imprisonment in the state's
prison for not less than one nor more than five years. [Stats.
1901, p. 329.]

Same.

357%. Every person who marks or brands, alters or defaces
the mark or brand of any sheep, goat, hog, shoat, or pig belong-
ing to another, with intent thereby to steal the same, or to
prevent identification thereof by the true owner, is guilty of a
misdemeanor. [Stats. 1901, p. 327.]

Frauds in affairs of special partnership.

358. Every member of a special partnership who commits
any fraud in the affairs of the partnership, is guilty of a mis-
demeanor.

Contracting or soiemnizinrj incestuous or forbidden marriages.

359. Every person authorized to solemnize marriage, who wil-
fully and knowingly solemnizes any Incestuous or other mar-
riage' forbidden by law, is punishable by fine of not less than
one hundred nor more than one thousand dollars, or by imprison-
ment in the county jail not less than three months nor more
than one year, or by both.

To Cal. 12.

Making fals^ return or record of marriage.

360. Every person authorized to solemnize any marriage, who
wilfully makes a false return of any marriage or pretended mar-
riage to the recorder, and every person who wilfully makes a
false record of any marriage return. Is punishable as provided
in the preceding section.

7.'> Cal. 12.

Cruel treatment of lunatics, etc.

361. Every person guilty of any harsh, cruel, or unkind
treatment of, or any neglect of duty towards, any idiot, lunatic,
or insane person, is guilty of a misdemeanor.

Refusing to issue or obey writ of habeas corpus.

362. Every oflicer or person to whom a writ of habeas corpus



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363-367 PENAL CODE. 554

may be directed, who, after service thereof, neglects or refuBes
to obey the command thereof, is guilty of a misdemeanor.

Reconfining persons discharged upon writ of habeas corpus.

363. Every person who, either solely or as member of a
court, knowingly and unlawfully recommits, imprisons, or
restrains of his liberty, for the same cause, any person who
has been discharged upon a writ of habeas corpus, is guilty
of a misdemeanor.

Concealing persons entitled to benefit of habeas corpus.

364. Every person having in his custody, or under his restraint
or power, any person for whose relief a writ of habeas corpus
has been issued, who, with the intent to elude the service of
such writ or to avoid the effect thereof, transfers such person
to the custody of another, or places him. under ine power or
control of another, or conceals or changes the place of his
confinement or restraint, or removes him without the jurisdic-
tion of the court or judge Issuing the writ, is guilty of a mis-
demeanor.

Innkeepers and carriers refusing to receive guests.

365. Every person, and every agent or officer of any corpora-
tion carrying on business as an inn-keeper, or as a common
carrier of passengers, who refuses, without just cause or excuse,
to receive and entertain any guest, or to receive and carry any
passenger, is guilty of a misdemeanor.

Counterfeiting quicksilver stamps.

366. Every person who counterfeits, or who wilfully uses the
counterfeited seal or stamp of any person engaged in manufac-
turing or selling quicksilver, is guilty of a felony .^

Selling debased quicksilver.

367. Every person who wilfully sells, or offers for sale as
pure, any debased or adulterated quicksilver, is guilty of a mis-
demeanor.



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555 CRIMES AGAINST PUBUC HEALTH. 368-36&

TITLE X.

OP CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY.

Bee. 368. Death from explosions, etc.

3t{9. Death from collision on railroads.

370. "Public nuisances'* defined.

371. Unequal damage.

372. Maintaining a nuisance, a misdemeanor.

373. Establishing or keeping pest-houses within cities, towns, etc.

374. Putting dead animals In streets, rivers, etc.
374§. Discharging coal tar, etc., into water.

375. Keeping gunpowder, etc., unlawfully.

376. Violation of quarantine laws by masters of vessels.

377. Wilful violation of health laws.

378. Neglecting to perform duties under health law.

379. Unlicensed piloting.

380. Apothecary omitting to label drugs, or labeling them wrong-

fully, etc.

381. Putting extraneous substances in packages of goods usually

sold by weight, with intent to Increase weight.
381a. Penalty for rendering inaccurate, Incorrect, or false tests
as to dairy products.

382. Adulterating foods, drugs, liquors, etc.

383. Disposing of tainted food, etc.

384. Setting woods on fire.

385. Obstructing attempts to extinguish fires.

386. Maintaining bridge or ferry without authority.

387. Violating condition of undertaking to keep ferry.

388. Riding on driving faster than a walk on toll-bridges.
38ft. Crossing toll-bridges, etc., without paying toll.

390. Engineer of locomotive engine omitting to ring bell when

crossing highway.

391. Intoxication of engineers, conductors, or drivers of locomotives

or cars.

392. Placing passenger cars In front of freight cars.

393. Violation of duty of employees of railroad companies.

394. Exposing person Infected with any contagious disease in a

public place.

395. Frauds practiced to affect the market price.

396. Racing upon highways.

397. Selling liquor to Indian or common drunkard.

398. Selling firearms and ammunition to Indians.

399. Death from mischievous animals.

400. Exhibiting deformities of person.

400. Aiding or encouraging suicide a felony.
402. Using or exposing animals with glanders.
402}. Animal having glanders to be killed.
402i. Adulterating candy.

Death from explosions, etc.

368. Every person having charge of any steam-boiler or
steam-engine, or other apparatus for generating or employing
steam, used in any manufactory, or on any railroad, or in any
vessel, or in any kind of mechanical work, who wilfully, or from
ignorance or neglect, creates, or allows to be created, such an
undue quantity of steam as to burst or break the boiler, engine,
or apparatus, or to cause any other accident whereby the death
of a human being is produced, is punishable by imprisonment
in the state prison for not less than one nor more than ten
years.

Death from collision on railroads.

369. Every conductor, engineer, brakeman, switchman, or
other person having charge, wholly or in part, of any railroad,
car, locomotive, or train, who wilfully or negligently suffers
or causes the same to collide with another car, locomotive, or
train, or with any other object or thing whereby the death of
a human being is produced, is punishable by Imprisonment in
the state prison for not less than one nor more than ten years.



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370-374 PENAL CODE, 556

''Public nuisances" defined.

370. Anything which is injurious to health, or is indeco^t,
or offensive to the senses, or an obstruction to the free use of
property, so as to interfere with the comfortable enjoyment of
life or property by an entire community or neighborhood, or
by any considerable number of persons, or unlawfully obstructs
the free passage or use. in the customary manner, of any nav-
igable lake, or river, bay, stream, canal, or basin, or any public
park, square, street, or highway, is a public nuisance. [Amend-
ment approved March 30, 1874; Amendments 1873-4, p. 431. In
effect July 1, 1874.]

68 Cal. 413; 72 Cal. 53; 87 Cal. 92; 92 Cal. 574;
107 Cal. 4S1; 113 Cal. 150; 116 Cal. 399; 121
Cal. 513.

Unequal damage.

371. An act which affects an entire community or neighbor-
hood, or any considerable number of persons, as specified in the
last section, is not less a nuisance .because the extent of the
annoyance or damage inflicted upon individuals is unequal.
[Amendment approved March 30, 1874; Amendments 1873-4, p.
432. In effect July 1, 1874.]

Maintaining a nuisance, a misdemeanor.

372. Every person who maintains or commits any public nui-
sance, the punishment for which is not otherwise prescribed,
or who wilfully omits to perform any legal duty relating to the
removal of a public nuisance, is guilty of a misdemeanor.

72 Cal. 53; S7 Cal. 92; ©2 Cal. 074.

Establishing or keeping pest-houses within cities, towns, etc.

373. E^very person who establishes or keeps, or causes to be
established or kept, within the limits of any city, town, or vil-
lage, any pest-house, hospital, or place for persons affected with
contagious or infectious diseases, is guilty of a misdemeanor.

Putting dead animals in streets, rivers, etc.

374. Every person who puts the carcass of any dead animal,
or the offal from any slaughter pen, corral, or butcher-shop, into
any river, creek, pond, reservoir, stream, street, alley, public
highway, or road in common use. or who attempts to destroy
the same by fire within one-fourth of a mile of any city, town,
or village, except it be in a cemftery. the construction and
operation of which is satisfactory to the board of health In
such city, town, or village; and any person who puts any
water-closet or privy, or the carcass of any dead animal, or any
offal of any kind, in or upon the borders of any stream, pond,
lake, or reservoir from which water is drawn for the supply of
the inhabitants of any city, city and county, or any town in this
state, so that the drainage from such water-closet, privy, car-
cass, or offal may be taken up by or in such stream, pond, lake,
or reservoir; or who allows any water-closet or privy, or car-
cass of any dead animal, or any offal of any kind, to remain in
or upon the borders of any such stream, pond, lake, or reser-
voir within the boundaries cf any land owned or occupied by
him, so that the drainage from such water-closet, privy, car-
cass, or offal may be taken up by or in such stream, pond, lake,
or reservoir; or who keeps any horses, mules, cattle, swlne,
sheep, or livestock of any kind, pe nned. corralled, or housed
on, over, or on the borders of any such stream, pond, lake, or



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557 CRIMES AGAINST PUBLIC HEALTH. 374^-377

reservoir, so that the waters thereof shall become polluted by
reason thereof; or who bathes In any such stream, pond, lake,
or reservoir; or who by any other means fouls or pollutes the
waters of any such stream, pond, lake, or reservoir. Is guilty
of a misdemeanor, and upon conviction thereof shall be pun-
ished as prescribed in section three hundred and seventy-seven
of this code. [Amendment approved March 3, 1893; Stats. 1893,
p. 66. In effect immediately.]

106 Cal. 637; 107 Cal. 226; 115 CttX. 450.

Discharging coal tar, etc., into water.

374%. Every person, firm, association, or corporation which
shall discharge or deposit, or shall cause or suffer to be dis-
charged or deposited, or to pass, in or into the waters of any
navigable bay, or river, in this state, any coal tar or refuse or
residuary product of coal, petroleum, asphalt, bitumen, or other
carbonaceous material or substance, is guilty of a misdemeanor,
and for each offense is punishable by Imprisonment in the county
jail for not exceeding one year, or by fine not exceeding one
thousand' dollars, or by both such fine and imprisonment.
[Stats. 1901, p. 813.]

Keeping gunpowder, etc., unlawfully.

375. Every person who makes or keeps gun-powder, nitro-
glycerine, or other highly explosive substance, within any city
or town, or who carries the same through the streets thereof, In
any quantity or manner such as is prohibited by law, op by any
ordinance of such city or town, is guilty of a misdemeanor.

Violation of quarantine laws by masters of vessels.

376. Every master of a vessel subject to quarantine or visita-
tion by the quarantine officer, arriving in the port of San Fran-
cisco, who refuses or omits:

1. To proceed with and anchor his vessel at the place assigned
for quarantine at the time of his arrival; or

2. To submit his vessel, cargo, and passengers to the exam-
ination of the quarantine officer, and to furnish all necessary
Information to enable that officer to determine to what length
of quarantine and other regulations they ought, respectively, to
be subject; or

3. To remain with his vessel at the quarantine during the
period assigned for her quarantine, and while at quarantine to
comply with the regulations prescribed by law, and with such
as any of the officers of health, by virtue of authority given
them by law, shall prescribe in relation to his vessel, his cargo,
himself, his passengers or crew — is punishable by imprison-
ment in the county jail not exceeding one year, or by fine not
exceeding two thousand dollars, or both. [Amendment approved
March 9, 1878; Amendments 1877-8, p. 116. In effect March 9,
1878.1

Wilful violation of health laws.

377. Every person who is charged with a duty relating to the
registration of deaths, under chapter three, title seven, of the
act to establish a Political Code, approved March twelfth, 1872,
who—

1. Wilfully fails to keep a registry of the name, age, residence,
and time of death of a decendent; or,

2. Wilfully fails to register with the county recorder a certi-



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