the sale of liquors or other articles, which business was established prior to the appointment of the meeting referred to in such section.

306. Every person who causes, procures, or employs any female for hire, drink, or gain, to play upon any musical instrument, or to dance, promenade, or otherwise exhibit herself, in any drinking saloon, dance-cellar, ballroom, public garden, public highway, common, park, or street, or in any ship, steamboat, or railroad car, or in any place whatsoever, if in such place there is connected therewith the sale or use, as a beverage, of any intoxicating, spirituous, vinous, or malt liquors; or who shall allow the same in any premises under his control, where intoxicating, spirituous, vinous, or malt liquors are sold or used, when two or more persons are present, is punishable by a fine not less than fifty nor more than five hundred dollars, or by imprisonment in the county jail not exceeding three months, or by both; and every female so playing upon any musical instrument, or dancing, promenading, or exhibiting herself, as herein aforesaid, is punishable by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding one month, or by both. [Approved March 30th, 1874.]

§ 307. Every person who opens or maintains, to be resorted to by other persons, any place where opium, or any of its preparations, is sold or given away, to be smoked at such place, and any person who at such place sells or gives away any opium, or its said preparations, to be there smoked or otherwise used, and every person who visits or resorts to any such place for the purpose of smoking opium, or its said preparations, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. [In effect March 4th, 1881.]

309. Any proprietor, keeper, manager, conductor, or

person having the control of any house of prostitution, or any house or room resorted to for the purpose of prostitution, who shall admit or keep any minor of either sex therein, or any parent or guardian of any such minor who shall admit or keep such minor, or sanction, or connive at the admission or keeping thereof, into, or in any such house or room, shall be guilty of a misdemeanor. [In effect April 12th, 1880.]

CHAPTER VIII.

INDECENT EXPOSURE, OBSCENE EXHIBITIONS, BOOKS AND PRINTS, AND BAWDY AND OTHER DISORDERLY HOUSES.

§ 311. Indecent exposures, exhibitions, and pictures.

§ 312. Seizure of indecent articles authorized.

§ 317. Advertising to produce miscarriage.

§ 318. Enticing to place of gambling or prostitution.

311. Every person who willfully and lewdly, either: 1. Exposes his person or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or,

2. Procures, counsels, or assists any person so to expose himself, or to take part in any model artist exhibition, or to make any other exhibition of himself to public view, or to the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts; or,

3. Writes, composes, stereotypes, prints, publishes, sells, distributes, keeps for sale, or exhibits any obscene or indecent writing, paper, or book; or designs, copies, draws, engraves, paints, or otherwise prepares any obscene or indecent picture or print; or molds, cuts, casts, or otherwise makes any obscene or indecent figure; or,

4. Writes, composes, or publishes any notice or advertisement of any such writing, paper, book, picture, print, or figure; or,

5. Sings any lewd or obscene song, ballad, or other words, in any public place, or in any place where there are persons present to be annoyed thereby, is guilty of a

misdemeanor. [Approved March 30th, in effect, July 1st, 1874.]

Indecent exposure.-Any public exhibition, which outrages decency, shocks liumanity, or is contrary to good morals-3 Day, 103; 32 Mo. 560; 50 id. 321; 18 Vt. 574. It is enough if it be exposed to public view in a public place-1 Dev. & B. 208; or that it is such as to render it probable that it could be seen by the public-Leigh & C. 103; and it does not depend on the number of persons to whom the exposure is made-18 Vt. 574.

Subd. 1. Exposure of person.-The indecent exposure of one's person, or the person of another, is a criminal offense-5 Barb. 203; 1 Dev. & B. 208; 3 Humph. 203; 32 Mo. 560; 4 Hun. 636; 1 Den. C. C. 338; 12 Cox C. C. 1; 13 id. 116. It is such an intentional exposure of the naked body in a public place as is calculated to shock the feelings of chastity or to corrupt the morals--3 Day, 103; 32 Mo. 660; 10 St. Tri. App. 93; 1 Sid. 168; 1 Keb. 620; or such as tends to scandalize, or to excite lascivious desires-56 Ind. 328. The exposure must not be accidental-5 Barb. 203; and the essence of the offense is that it be in a public place-43 Tex. 346; id. 538; 3 Cox C. C. 248; 3 Car. & K. 360; Leigh &C.326; Law R. 1 C. C. 282; and in sight of others-68 N. C. 259; 20 Ark. 156; 2 Gray, 72; 28 Mo. 90; 32 id. 560. A urinal in the market-place is a public place-8 Conn. 375; or a public path, or highway-32 Mo. 560; 11 Cox C. C. 659; 2 Camp. 89; or a sea-beach visible from inhabited houses -2 Camp. 89.

Subd. 3. Obscene publications.-Any immodest or immoral publication, tending to corrupt the mind and to destroy the love of decency, morality, and good order, is punishable as a misdemeanor-17 Mass. 336; 2 Serg. & R. 91; 1 Swan, 42; see 3 Ark. 484; 25 Mo. 315; 19 Pa. St. 412; such as obscene books-11 Blatchf. 346; 2 Serg. & R. 91; 17 Mass. 336; 2 Strange, 788; 13 Cox C. C. 116; 4 Fost. & F. 73; or prints2 Serg. & R. 91; 1 El. & B. 435; 4 Fost. & F. 73; or pamphlets-Law R. 3 Q. B. 360; pictures-89 Ill. 441; 3 Day, 103; 1 Swan, 42; 27 Vt. 619; or writings-1 Hilt. 590; 8 Phila. 453; 4 Fost. & F. 73. It has been decided that the exhibition of obscene prints need not be in public-2 Serg. & R. 91. The circulation of obscene books, through the mail, is prohib ited by Congress--11 Blatchf. 346. See Rev. Stat. U. S. § 3878.

Subd. 5. Obscene songs.-Two persons may be jointly indicted for singing an obscene song in public-2 Burr. 980.

312. Every person who is authorized or enjoined to arrest any person for a violation of subdivision three of the last section, is equally authorized and enjoined to seize any obscene or indecent writing, paper, book, picture, print, or figure found in possession or under the control of the person so arrested, and to deliver the same to the magistrate before whom the person so arrested is required to be taken.

313. The magistrate to whom any obscene or indecent writing, paper, book, picture, print, or figure is delivered, pursuant to the foregoing section, must, upon the examination of the accused, or, if the examination is delayed

or prevented, without awaiting such examination, determine the character of such writing, paper, book, picture, print, or figure, and if he finds it to be obscene or indecent, he must deliver one copy to the district attorney of the county in which the accused is liable to indictment or trial, and must at once destroy all the other copies.

314. Upon the conviction of the accused, such district attorney must cause any writing, paper, book, picture, print, or figure, in respect whereof the accused stands convicted, and which remains in the possession or under the control of such district attorney, to be destroyed.

315. Every person who keeps a house of ill-fame in this State, resorted to for the purposes of prostitution or lewdness, or who willfully resides in such house, is guilty of a misdemeanor.

House of ill-fame.-A house of ill-fame is a house of prostitutionLaw R. 1 C. C. 21; kept for the resort and the unlawful commerce of lewd people of both sexes-33 Conn. 92; 5 Ired. 603; 17 Pick. 80. It must be the resort of other women than its keeper, when the keeper is a woman-12 Allen, 177; 17 Conn. 467; 31 id. 572; 46 N. H. 61. The gist of the offense is, that it is kept for lewd purposes, and resorted to for lewdness-64 Me. 523; S. C. 1 Am. Cr. R. 351; and if lewdness is carried on privately, it is sufficient-57 Ga. 390. There need be no outward indecency-42 Tex. 496; S. C. 1 Am. Cr. R. 350; nor disorder-Law R. 1 C. C. 21. See Desty's Crim. Law, § 108 a.

Liability of parties.-The penalty is designed for keepers, who may be prosecuted by indictment-12 Ala. 177; 52 id. 377; 111 Mass. 4-7; 124 id. 26; 7 Gray, 328; 1 Met. 151; 17 Pick. 80; 11 Mo. 27; 4 Denio, 129; 4 Cranch C. C. 341; 17 Conn. 467; 6 B. Mon. 21; 6 Hun, 524; 10 id. 137; 5 Ired. 603; 10 Mod. 63; Law R. 1 C. C. 21. Every one in any way concerned in the keeping is liable either as principal or aiding and assisting-11 Bush, 610; 1 Allen, 7. A husband and wife may be jointly or severally convicted-97 Mass. 225; 1 Met. 151; 114 Mass. 281; 11 Mo. 27; 11 Bush, 610. In certain States the owner of the house rented for this purpose is liable-see Desty's Crim. Law, § 108 b.

316. Every person who keeps any disorderly house, or any house for the purpose of assignation or prostitution, or any house of public resort, by which the peace, comfort, or decency of the immediate neighborhood is habitually disturbed, or who keeps any inn in a disorderly manner; and every person who lets any apartment or tenement, knowing that it is to be used for the purpose of assignation or prostitution, is guilty of a misde