to enable another to sell the same, for an increased weight, is punishable by fine of not less than twenty-five dollars for each offense. [Approved March 30th, in effect July 1st, 1874.]

382. Every person who adulterates or dilutes any article of food, drink, drug, medicine, spirituous or malt liquor, or wine, or any article useful in compounding them, with a fraudulent intent to offer the same or cause or permit it to be offered for sale as unadulterated or undiluted, and every person who fraudulently sells, or keeps or offers for sale the same, as unadulterated or undiluted, is guilty of a misdemeanor.

Adulteration of food.-To render unwholesome any food to be consumed is an indictable nuisance-3 Maule & S. 11; 4 Camp. 12; 4 Maule & S. 214. That the party did not know that the provisions were adulterated has been held no_defense-2 Allen, 160; 9 id. 489; 15 Mees. & W. 404; 10 Allen, 199; 103 Mass. 444; 10 R. I. 258; 6 Parker Cr. R. 355; contra, Farrell v. State, 32 Ohio St. 456.

383. Every person who knowingly sells, or keeps or offers for sale, or otherwise disposes of any article of food, drink, drug, or medicine, knowing that the same has become tainted, decayed, spoiled, or otherwise unwholesome or unfit to be eaten or drank, with intent to permit the same to be eaten or drank, is guilty of a misdemeanor.

384. Every person who willfully or negligently sets on fire, or causes or procures to be set on fire, any woods, prairies, grasses, or grain, on any lands, is guilty of a misdemeanor.

See Act of 1872, Destruction of Forests, Appendix, p. 713.

385. Every person who, at the burning of a building, disobeys the lawful orders of any public officer or fireman, or offers any resistance to or interferes with the lawful efforts of any fireman or company of firemen to extinguish the same, or engages in any disorderly conduct calculated to prevent the same from being extinguished, or who forbids, prevents, or dissuades others from assisting to extinguish the same, is guilty of a misdemeanor.

See Pol. Code, §§ 3335-3345.

38

386. Every person who demands or receives compensation for the use of any bridge or ferry, or sets up or keeps any road, bridge, ferry, or constructed ford, for the purpose of receiving any remuneration for the use of the same, without authority of law, is guilty of a misde

meanor.

387. Every person who, having entered into an undertaking to keep and attend a ferry, violates the conditions of such undertaking, is guilty of a misdemeanor.

See §§ 2850, 2854.

388. Every person who willfully rides or drives faster than a walk on or over any toll-bridge, lawfully licensed, is punishable by fine not exceeding twenty dollars.

389. Every person not exempt from paying tolls, who crosses on any ferry or toll-bridge, or passes through any toll-gate, lawfully kept, without paying the toll therefor, and with intent to avoid such payment, is punishable by fine not exceeding twenty dollars.

390. Every person in charge of a locomotive engine, who, before crossing any traveled public way, omits to cause a bell to ring or steam-whistle to sound at the distance of at least eighty rods from the crossing, and up to it, is guilty of a misdemeanor.

See Civ. Code, § 486. A habitual failure to give warnings and signals on intersecting roads is indictable-13 Bush, 288. See Civ. Code, § 486.

391. Every person who is intoxicated while in charge of a locomotive engine, or while acting as conductor or driver upon any railroad train or car, whether propelled by steam or drawn by horses, or while acting as train dispatcher, or as telegraph operator receiving or transmitting dispatches in relation to the movement of trains, is guilty of a misdemeanor.

See Pol. Code, §§ 2920-2933.

392. Every person who, in making up or running railroad trains, places or runs, or causes to be placed or run, any freight car in the rear of passenger cars, is guilty of a

misdemeanor; and if loss of life or limb results from such placing or running, is guilty of felony. The term "freight car," as used in this section, does not include a baggage, express, or mail car.

393. Every engineer, conductor, brakeman, switchtender, or other officer, agent, or servant of any railroad company, who is guilty of any willful violation or omission of his duty as such officer, agent, or servant, whereby human life or safety is endangered, the punishment of which is not otherwise prescribed, is guilty of a misde

meanor.

394. Every person who willfully exposes himself or another afflicted with any contagious or infectious disease, in any public place or thoroughfare, except in his necessary removal in a manner the least dangerous to the public health, is guilty of a misdemeanor.

395. Every person who willfully makes or publishes any false statement, spreads any false rumor, or employs any other false or fraudulent means or device, with intent to affect the market price of any kind of property, is guilty of a misdemeanor.

396. Every person driving any conveyance drawn by horses, upon any public road or way, who causes or suffers his horses to run, with intent to pass another conveyance, or to prevent such other from passing his own, is guilty of a misdemeanor.

397. Every person who sells or furnishes, or causes to be sold or furnished, intoxicating liquors to any habitual or common drunkard, or Indian, is guilty of a misdemeanor. [Approved March 26th, 1874; in effect sixty days after passage.]

See Act of 1872, Sale of Liquors to Minors, Appendix, p. 716.

398. Every person who sells or furnishes to any Indian any fire-arm, or ammunition therefor, is guilty of a misdemeanor.

399. If the owner of a mischievous animal, knowing its propensities, willfully suffers it to go at large, or keeps it without ordinary care, and such animal, while so at large, or while not kept with ordinary care, kills any human being who has taken all the precautions which the circumstances permitted, or which a reasonable person would ordinarily take in the same situation, is guilty of a felony.

400. Every person who deliberately aids, or advises, or encourages another to commit suicide, is guilty of a felony. [Approved March 30th, in effect July 1st, 1874.]

400. Every person exhibiting the deformities of another, or his own deformities, for hire, is guilty of a misdemeanor; and every person who shall by any artificial means give to any person the appearance of a deformity, and shall exhibit such person for hire, shall be guilty of a misdemeanor. [Approved February 4th, 1874.]

400. Any person who shall knowingly sell, or offer for sale, or use, or expose, or who shall cause or procure to be sold or offered for sale, or used, or exposed, any horse, mule, or other animal having the disease known as glanders, or farcy, shall be guilty of a misdemeanor. [In effect April 16th, 1880.]

401. Every animal having glanders, or farcy, shall at once be deprived of life by the owner or person having charge thereof, upon discovery or knowledge of its condition; and any such owner or person omitting or refusing to comply with the provision of this section shall be guilty of a misdemeanor. [In effect April 16th, 1880.]

401. Every person who adulterates candy, by using in its manufacture terra alba, or any other deleterious substance or substances, or who sells or keeps for sale any candy or candies adulterated with terra alba, or any other deleterious substance or substances, is guilty of a misdemeanor. [In effect March 16th, 1878.]

TITLE XI.

Of Crimes against the Public Peace.

§ 403. Disturbance of public meetings, other than religious or polit

§ 409. Remaining present at place of riot, etc., after warning to dis

perse.

§ 410. Magistrates neglecting or refusing to disperse rioters.

§ 411. Consequence of resisting process after a county has been de clared in a state of insurrection.

§ 414. Leaving the State to engage in prize fights.

§ 415. Disturbing the peace in night-time.

§ 416. Refusing to disperse upon lawful command.

§ 417. Exhibiting deadly weapon in rude, etc., manner, or using the same unlawfully.

§ 418. Forcible entry and detainer.

§ 419. Returning to take possession of lands after being removed by legal proceedings.

§ 420. Inciting riot. [Repealed.]

403. Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting, not unlawful in its character, other than such as is mentioned in sections fifty-nine and three hundred and two, is guilty of a misdemeanor.

Disturbing meetings.-A disturbance of any public meeting is, at common law, indictable-33 Barb. 548; 2 Grant Cas. 406; 58 Ind. 68; 53 Me. 125; 2 McCord, 117; 3 Tex. Ct. App. 116; as a town meeting-16 Mass. 385; or a meeting of school directors-59 Pa. St. 266. To molest and disturb have a well-defined meaning-53 Ala. 398. The natural tendency of the act must be to disturb the assemblage-28 Ind. 364; Smith (Ind.) 408; and the disturbance must be willful and designed1 Gray, 450. A man may hiss an actor on the stage-5 Tex. Ct. App. 116; 1 Craw. & D. 156; but not for the purpose of ruining the play or the actor-2 Camp. 358.