Defacing tombs and monuments. ing appeared in our papers: "A Chinaman, arrested some days since for dumping the dead bodies of his countrywomen on the streets, instead of burying them, pleaded guilty to the offense against the common law." Sacramento Union, Oct. 11th, 1870. 296. Every person who willfully and maliciously defaces, breaks, destroys, or removes any tomb, monument, or gravestone, erected to any deceased person, or any memento or memorial, or any ornamental plant, tree, or shrub, appertaining to the place of burial of a human being, or who shall mark, deface, injure, destroy, or remove any fence, post, rail, or wall of any cemetery or graveyard, is guilty of a misdemeanor. NOTE. The preceding section is based upon Sec. 2 of the Act to protect the bodies of deceased persons, etc. (Stats. 1854, p. 20), and an Act to protect cemeteries in Nevada County (Stats. 1868, p. 26), and embraces all the material provisions thereof. See other provisions regarding burial and registering same.-Political Code Cal., Secs. 3074-3082. OF CRIMES AGAINST RELIGION AND CONSCIENCE, AND SECTION 299. Barbarous and noisy amusements, and theaters where liquors are sold, prohibited on Sunday. 300. Keeping open places of business on Sunday. 301. Limitation on operation of preceding section. 302. Disturbing religious meetings. 303. Sale of liquors at theaters and employing women to sell liquors thereat. 304. Selling liquors at camp meeting. 305. Limitation of preceding section. 306. Procuring female under seventeen years of age to play musical instruments in public. Female under seventeen playing musical instruments in public. 307. Procuring female under seventeen years of age to exhibit herself for hire. Female under seventeen exhibiting herself for hire. and noisy ments, and where liquors prohibited 299. Every person who, on the christian Sabbath, Barbarous gets up, exhibits, opens, or maintains, or aids in get- amuseting up, exhibiting, opening, or maintaining any bull, theaters bear, cock, or prize fight, horse race, circus, gambling are sold, house, or saloon, or any barbarous and noisy amuse- on Sunday. ment, or who keeps, conducts, or exhibits any theater, melodeon, dance cellar, or other place of musical, theatrical, or operatic performance, spectacle, or representation where any wines, liquors, or intoxicating drinks are bought, sold, used, drank, or given away, or who purchases any ticket of admission, or directly or indirectly pays any admission fee to or for the purpose of witnessing or attending any such place, amusement, spectacle, performance, or representation, is guilty of a misdemeanor. NOTE.-Stats. 1870, p. 52, Sec. 1; see note to Sec. 4, Art. 1, Const. of the State, Appendix to Political Code Cal.; Ex Parte Newman, 9 Cal., p. 502; the Act of 1861, p. 655, "For the observance of the Sabbath," held to be constitutional.-Ex Parte Andrews, 18 Cal., p. 678; see, also, Ex Parte Bird, 19 Cal., p. 130. 300. Every person who keeps open on Sunday any store, workshop, bar, saloon, banking house, or other place of business, for the purpose of transacting business therein, is punishable by fine not less than five nor more than fifty dollars. NOTE.-Stats. 1861, p. 655, Sec. 1. Contracts made on Sunday were held not to be void in Moore vs. Murdock, 26 Cal., p. 514, so that unless this section existed, making certain business on Sunday unlawful, contracts in and about it would be binding, though made on Sunday. See, also, Ex Parte Bird, 19 Cal., p. 130. Keeping open places on Sunday. on opera preceding 301. The provisions of the preceding section do Limitation not apply to persons who, on Sunday, keep open ho- tion of tels, boarding houses, barber shops, baths, markets, section. restaurants, taverns, livery stables, or retail drug stores for the legitimate business of each, or such manufac Disturbing religious meetings. Sale of liquors at theaters, and women to sell turing establishments as are usually kept in continued operation. NOTE.-Stats. 1861, p. 665, Sec. 2. 302. (§ 171.) Every person who willfully disturbs or disquiets any assemblage of people met for religious worship by noise, profane discourse, rude, or indecent behavior, or by any unnecessary noise, either within the place where such meeting is held, or so near it as to disturb the order and solemnity of the meeting, is guilty of a misdemeanor. NOTE.-Code of Tennessee, Secs. 48, 52. 303. Every person who sells or furnishes any malt, vinous, or spirituous liquors to any person in the audiemploying torium or lobbies of any theater, melodeon, museum, thereat. liquors circus, or caravan, or place where any farce, comedy, tragedy, ballet, opera, or play is being performed, or any exhibition of dancing, juggling, wax work figures and the like is being given for public amusement, and every person who employs or procures, or causes to be employed or procured, any female to sell or furnish any malt, vinous, or spirituous liquors at such place, is guilty of a misdemeanor. Selling liquors at camp meeting. NOTE.-Stats. 1863, p. 252, Sec. 3. 304. Every person who erects or keeps a booth, tent, stall, or other contrivance for the purpose of selling or otherwise disposing of any wine, or spirituous, or intoxicating liquors, or any drink of which wines, spirituous, or intoxicating liquors form a part, or for selling or otherwise disposing of any article of merchandise, or who peddles, or hawks about any such drink or article, within one mile of any camp or field meeting for religious worship, during the time of holding such meeting, is punishable by fine of not less than five nor more than five hundred dollars. NOTE.-Stats. 1859, p. 188, Sec. 1. of preced 305. The provisions of the preceding section do Limitation not apply to any person carrying on a regular business ing section. in the sale of liquors or other articles, which business was established prior to the appointment of the meeting referred to in such section. NOTE.-Stats. 1859, p. 188, Sec. 1. 306. Every person who causes, procures, or em- Procuring a female seventeen years of age to play ments in public. ploys any female under the age of seventeen years to under NOTE.-Stats. 1860, p. 86, Sec. 1. under playing instru- in public. female seventeen age to exhibit for hire. 307. Every person who causes, or procures, or em- Procuring ploys any female, under the age of seventeen years, to under dance, promenade, or otherwise exhibit herself for years of hire, drink, or gain, in any drinking saloon, dance herself cellar, ball room, public garden, public highway, or in any place whatsoever (theaters excepted), where two or more persons are assembled together, is punishable by fine not exceeding five hundred dollars, or by imprisonment in the County Jail not exceeding three Female months, or by both; and every female under the age seventeen of seventeen years so dancing, promenading, or exhibiting herself, is punishable by fine not exceeding one under exhibiting herself for hire. 1074 hundred dollars, or by imprisonment in the County Jail not exceeding one month, or by both. NOTE.-Stats. 1860, p. 86, Sec. 2; 1863, p. 253, Sec. 3. For a full discussion of the constitutional and other questions incidentally arising under this Chapter, see Ex Parte Keating, 38 Cal., p. 702, et seq. The following offense on a kindred subject is punished by Stats. 1871-2, p. 231: An Act to prevent the sale of intoxicating drinks to minors. [Approved March 4, 1872.] [Enacting clause.] SECTION 1. Every person who sells or gives to another under the age of sixteen years, to be by him drank at the time as a beverage, any intoxicating drink, is guilty of a misdemeanor, and punishable by a fine not exceeding one hundred dollars, or by imprisonment in the County Jail not exceeding three months; provided, that nothing in this Act shall be deemed to apply to parents of such children, or guardians of their wards, or physicians. Indecent exposures, exhibi tions, and pictures. CHAPTER VIII. INDECENT EXPOSURE, OBSCENE EXHIBITIONS, BOOKS AND SECTION 311. Indecent exposures, exhibitions, and pictures. 312. Seizure of indecent articles authorized. 313. Their character to be summarily determined. 314. Their destruction. 315. Keeping or residing in a house of ill-fame. 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 ex |