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. See § 502, post. 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. See § 502, post. CHAPTER XII. OTHER INJURIES TO PERSONS. § 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. § 356. Defacing marks upon wrecked property and destroying bills of lading. Defacing marks upon logs, lumber, or wood. § 357. Altering brands. § 358. Frauds in affairs of special partnership. Contracting or solemnizing incestuous or forbidden marriages. § 359. § 360. § 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. 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. Intoxication.-Voluntary intoxication is no excuse for crime-see many cases collected in Desty's Crim. Law, § 26 a. Evidence of intoxication is admissible as to the question of premeditation-21 Cal. 547; 27 id. 514; 43 id. 352; or to show a mental condition incapable of forming a specific intent-29 Cal. 683; 34 id. 217; 43 id. 352, în determining the degree of the crime-36 Cal. 534. 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. Public health.-Crimes against public health are those by which the physical health of the people at large is endangered or impaired, as polluting streams-6 Rand. 726; or fountains-8 N. H. 203; 37 Ala. 123; or rendering water unwholesome, corrupt, or unfit for use-8 N. H. 203; 6 Car. & P. 292; 4 Up. Can. Q. B. 158. Any acts or omissions which are liable to generate disease or communicate infections are indictable offenses-3 Hill, 479; 35 Iowa, 570; 8 N. H. 203; 3 Rich. 438; S. C. 1 Green C. R. 503; 15 Wend. 397; 4 Up. Can. Q. B. 158. See Desty's Crim. Law, § 118 a. Unwholesome provisions.-Selling, exposing for sale, or giving away food rendered unwholesome by admixture of noxious substances is an indictable offense-3 Hawks, 378; 3 Fost. & F. 106; or exposing for sale any article unfit for human food-3 Hawks, 378; 1 Head, 160; or injurious to health-2 Ired. 40; 38 N. Y. 85; 3 Parker Cr. R. 622; S. C. 19 N. Y. 574. See Desty's Crim. Law, § 119 a. 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. [Approved March 30th, in effect July 1st, 1874.] Criminal negligence.-Gross carelessness resulting in injury to others is criminal, even if the act done be lawful-Anth. 208; 6 B. Mon. 170; 11 Humph. 159; 4 Mason, 505; 4 Car. & P. 398; 3 id. 629; 7 id. 499; and an act of omission, as well as an act of commission, may be criminal-2 Blatchf. 528; 5 McLean, 242; 4 Cox C. C. 449; 3 Car. & K. 123; 1 Cox C. C. 352; 2 Car. & K. 368; 4 Fost. & F. 504; as the officer of a steamboat, through whose negligence an explosion takes place-5 McLean, 242. See Desty's Crim. Law, §7 a. See post, notes to § 319, 350. 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 '85 other accident whereby human life is endangered, is guilty of a felony. [Approved March 30th, in effect July 1st, 1874.] Mismanagement of steam-boilers.-Where a man, appointed to tend a steam-engine of a colliery, left it in charge of an incompetent person and death ensued, he is guilty of manslaughter-4 Cox C. C. 449; S. C. 3 Car. & K. 123. See Negligence, ante, § 7, subd. 2; "willfully, id. subd. 1. As to personal injuries, see Civ. Code, §§ 43, 1708, 1714, 1838, and 2194. " 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 any 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. Trade-marks.-Subjects of forgery-1 Whart. C. L. 8th ed. § 690; 2 Russ. Cr. 9th ed. 704. See Trade-marks, Civ. Code, §§ 655, 991; and Pol. Code, §§ 3196-3199. 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. See Civ. Code, § 1772. coun 352. The phrases "forged trade-mark" and 66 terfeited 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. See §§ 349, 350, 351. 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 misde meanor. See Pol. Code, §§ 2403-2418. 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. See Pol. Code, §§ 2389-2393. 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. See Pol. Code, §§ 3167-3172, 3182-3185. 358. Every member of a special partnership, who commits any fraud in the affairs of the partnership, is guilty of a misdemeanor. See Civ. Code, § 2477. 359. Every person authorized to solemnize marriage, who willfully and knowingly solemnizes any incestuous |