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; in effect immediately.

1. Limiting the interest which may be charged by pawnbrokers is not repugnant to sec. XI, art. 1, of the constitution of this state. Jackson v. Shawl, 29 Cal. 267.

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 sale, a notice containing a list of the articles to be sold, and specifying the time and place of sale, is guilty of a misdemeanor.

342. Every pawnbroker who willfully 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 proceeds 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 balance to the pledgor or his agent, is guilty of a misdemeanor.

343. Every pawnbroker who fails, refuses, or neglects to produce for inspection his register, or to exhibit all articles received by him in pledge, or his account of sales, to any officer holding 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.

CHAPTER XII.

OTHER INJURIES TO PERSONS.

SECTION 346. Acts of intoxicated physicians.

347. Willfully 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.

355. Defacing marks upon wrecked property and destroying bills

of lading.

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

357. Altering brands.

SECTION 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. Reconfining persons discharged upon writ of habeas corpus.

364. Concealing persons entitled to benefit of habeas corpus.

365. Innkeepers and carriers refusing to receive guests and passen

gers.

366. Counterfeiting quicksilver stamps.

367. Selling debased quicksilver.

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

347. Every person who willfully 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 willfully poisons any spring, well, or reservoir of water, is punishable by imprisonment in the state prison for a term not less than one nor more than ten years.

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 neglect, 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; in effect July 1, 1874.

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 willfully, 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; in effect July 1, 1874.

any

350. Every person who willfully forges or counterfeits, or procures to be forged or counterfeited, any trade-mark usually affixed by any person to his goods, with intent to pass off goods to which such forged or counterfeited trade-mark is affixed, or intended to be affixed, as the goods of such person, is guilty of a misdemeanor.

351. Every person who sells or keeps for sale any goods upon

or to which any counterfeited trade-mark has been affixed, intending to represent such goods as the genuine goods of another, knowing the same to be counterfeited, is guilty of a misdemeanor.

352. The phrases "forged trade-mark" and "counterfeited. trade-mark," or their equivalents, as used in this chapter, include every alteration or imitation of any trade-mark so resembling the original as to be likely to deceive.

353. The phrase "trade-mark," as used in the three preceding sections, includes every description of word, letter, device, emblem, stamp, imprint, brand, printed ticket, label, or wrapper 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.

354. Every person who has or uses any cask, bottle, vessel, case, cover, label, or other thing bearing or having in any way connected with it the duly filed trade-mark or name of another, for the purpose of disposing, with intent to deceive or defraud, of any article other than that which such cask, bottle, vessel, case, cover, label, or other thing originally contained, or was connected with by the owner of such trade-mark or name, is guilty of a misdemeanor.

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.

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.

357. Every person who marks or brands, alters or defaces the mark or brand of any horse, mare, colt, jack, jennet, mule, bull, ox, steer, cow, calf, sheep, goat, hog, shoat, or pig 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 prison for not less than one nor more than five years.

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

meanor.

359. Every person authorized to solemnize marriage, who willfully and knowingly solemnizes any incestuous or other marriage forbidden by law, is punishable by fine of not less than one hundred nor more than one thousand dollars, or by imprisonment in the county jail not less than three months nor more than one year, or by both.

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

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.

362. Every officer or person to whom a writ of habeas corpus may be directed, who, after service thereof, neglects or refuses to obey the command thereof, is guilty of a misdemeanor.

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.

1. Sec. 236, n. 1.

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 the power or control of another, or conceals or changes the place of his confinement or restraint, or removes him without the jurisdiction of the court or judge issuing the writ, is guilty of a misdemeanor.

365. Every person, and every agent or officer of any corporation carrying on business as an innkeeper, 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.

366. Every person who counterfeits, or who willfully uses the counterfeited seal or stamp of any person engaged in manufacturing or selling quicksilver, is guilty of a felony.

367. Every person who willfully sells, or offers for sale as pure, any debased or adulterated quicksilver, is guilty of a misdemeanor.

TITLE X.

OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY.

SECTION 368. Death from explosions, etc.

369. 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, or villages.

374. Putting dead animals in streets, rivers, etc.

375. Keeping gunpowder, etc., unlawfully.

376. Violation of quarantine laws by masters of vessels.

377. Willful violation of health laws.

378. Neglecting to perform duties under health law.

379. Unlicensed piloting.

380. Apothecary omitting to label drugs, or labeling them wrongfully, etc.

381. Putting extraneous substances in packages of goods usually sold by weight, with intent to increase weight.

382. Adulterating food, 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 or driving faster than a walk on toll bridges.

389. 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 locomo

tives or cars.

392. Placing passenger cars in front of freight cars.

393. Violation of duty by 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 Indians.

398. Selling firearms and ammunition to Indians.

399. Death from mischievous animals.

400. Exhibiting deformities for hire.

400. Aiding, advising, or encouraging suicide.

400. Sale or exposure of animals having glanders.

401. Adulteration of candies.

401. Animals having glanders, etc., to be killed.