Concealing persons entitled to benefit of habeas corpus. Innkeepers Counterfeiting stamps. operation of the section a class of cases in which persons discharged may be rearrested or recommitted for the same offense. 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. NOTE.-Stats. 1850, p. 334, Sec. 39. See Secs. 14731505, post, and notes. 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. NOTE.-"Common Carrier of Passengers," Secs. 2168-2176, 2180-2191, Civil Code Cal., and notes; "Innkeepers," id., Secs. 1859, 1860, and notes. 366. Every person who counterfeits, or who will quicksilver fully uses the counterfeited seal or stamp of any person engaged in manufacturing or selling quicksilver, is guilty of a felony. Selling debased NOTE.-See notes to Secs. 349, 350, ante. 367. Every person who willfully sells, or offers for quicksilver sale as pure, any debased or adulterated quicksilver, is guilty of a misdemeanor. NOTE.-See notes to Secs. 349, 350, ante. TITLE X. OF CRIMES AGAINST THE PUBLIC HEALTH AND 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 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. 391. Intoxication of engineers, conductors, or drivers of loco- 392. Placing passenger cars in front of freight cars. 393. Violation of duty by employés of railroad companies. in a public place. 395. Frauds practiced to affect the market price. 396. Racing upon highways. 397. Selling liquor to Indians. 298. Selling firearms and ammunition to Indians. 399. Death from mischievous animals. explosions, 368. Every person having charge of any steam Death from boiler or steam engine, or other apparatus for generat- etc. ing or employing steam, used in any manufactory, or Death from "Public on any railroad, or in any vessel, or in any kind of mechanical work, who willfully, or from ignorance or neglect, creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler, engine, or apparatus, or to cause any other accident whereby the death of a human being is produced, is punishable by imprisonment in the State Prison for not less than one nor more than ten years. 369. Every conductor, engineer, brakeman, switchman, or other person having charge, wholly or in part, of any railroad, car, locomotive, or train, who willfully or negligently suffers or causes the same to collide with another car, locomotive, or train, or with any other object or thing whereby the death of a human being is produced, is punishable by imprisonment in the State Prison for not less than one nor more than ten years. 370. A public nuisance is a crime against the order and economy of the State, and consists in unlawfully doing any act, or omitting to perform any duty, which act or omission either: 1. Annoys, injures, or endangers the comfort, repose, health, or safety of any considerable number of per sons; or, 2. Offends public decency; or, 3. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any lake or navigable river, bay, stream, canal, or basin, or any public park, square, street, or highway; or, 4. In any way renders any considerable number of persons insecure in life or the use of property. NOTE.-See Secs. 3479, 3480, Civil Code Cal., and notes. Difference between a public and private nuisance-one which may be abated and one for which a punishment is inflicted.-See, also, id., Secs. 34813484, and notes. The Civil Code, Sec. 3480, is as follows: "A public nuisance is one which affects equally the rights of the whole community or neighbor હૈ 1074 hood, although the extent of the damage may be unequal." The reasons for the change are chiefly: 1. That, while the definition in the Civil Code properly embraced both private and public nuisances, it is unnecessary for the purposes of the Penal Code to include private nuisances in the definition; and, 2. That the specific prohibition in other Chapters of the Code, of some Acts which have formerly been classed under the general term "public nuisance," has rendered it practicable to restrict the definition of that term, in this Code, to some extent. The following are the leading decisions which support the several clauses of the definition in the text: Subd. 1-Rex vs. Wigg, Salk., p. 460; 2 Ld. Raym., p. 1163; Rex vs. Pierce, 2 Show., p. 327; Rex vs. Wharton, 12 Mod., p. 510; Rex vs. Smith, 1 Stra., p. 704; Rex vs. Moore, 3 Barn. & Ad., p. 184; Rex vs. White, 1 Burr., p. 333; Rex vs. Davey, 5 Esp., p. 217; Rex vs. Lloyd, 4 id., p. 200; Rex vs. Neil, 2 Carr. & P., p. 485; Putnam vs. Payne, 13 Johns., p. 312; Hinckley vs. Emerson, 4 Cow., p. 351; State vs. Baldwin, 1 Dev. & B., p. 195; Commonwealth vs. Brown, 13 Metc., p. 365; Reg. vs. Lester, 3 Jur. (N. S.), p. 570; Douglass vs. State, 4 Wisc., p. 387. Subd. 2.-State vs. Bertheol, 6 Blackf., p. 474; State vs. Purse, 4 McCord, p. 472; Crane vs. State, 3 Ind., p. 193. Subd. 3.-Hall's Case, Vent., p. 196; 1 Mod., p. 76; 2 Keb., p. 846; Rex vs. Leach, 6 Mod., p. 145; Id., p. 155; Rex vs. Grosvenor, 2 Stark., p. 511; Rex vs. Hollis, id., p. 536; Rex vs. Webb, 1 Ld. Raym., p. 737; Rex vs. Russell, 6 Barn. & C., p. 566; Rex vs. Trafford, 1 Barn. & Ad., p. 874; Rex vs. Watts, 2 Esp., p. 675; Rex vs. Tyndall, 1 Nev. & P., p. 719; 6 Ad. & E., p. 143; W. W. & D., p. 316; Rex vs. Ward, 4 Ad. & E., p. 384; 1 Har. & W., p. 703; Rex vs. Pease, 4 Barn. & Ad., p. 30; Rex vs. Morris, 1 Barn. & Ad., p. 441; Reg. vs. Botfield, 1 Car. & M., p. 151; Rex vs. Smith, 4 Esp., p. 109; Rex vs. Canfield, 6 Esp., p. 136; Rex vs. Sarmon, 1 Burr., p. 516; Rex vs. Cross, Camp., p. 224; Rex vs. Russel, 6 East, p. 427; 2 Smith, p. 424; Rex vs. Jones, 3 Camp., p. 230; Rex vs. Carlile, 6 Car. & P., p. 637; Rex vs. Gregory, 2 Nev. & M., p. 478; 5 Barn. & Ad., p. 555; Reg. vs. Scott, 2 Gale & D., p. 729; 3 Ad. & E. (N. S.), p. 543; 3 Railw. Cas., p. 187; Reg. vs. Betts, 22 Eng. L. & Eq., p. 240; People vs. Lawson, 17 Johns., p. 276; People vs. Cunningham, 1 Den., p. 524; Renwick vs. Morris, 7 Hill, p. 575; Harlon vs. Humiston, 6 Cow., p. 189; Lansing vs. Smith, 8 id., p. 146; Dygert vs. Schenck, 23 Wend., p. 446; Drake vs. Rogers, 3 Hill, p. 604; People vs. Lambier, 5 Den., p. 9; Moshier vs. Utica and Schenectady R. R. Co., 8 Barb., p. 427; Hart vs. Mayor, etc., of Albany, 9 Wend., p. 571; Hecker vs. N. Y. Balance Dry Dock Co., 13 How. Pr., p. 549; and see same vs. same, 24 Barb., p. 215; Peckham vs. Henderson, 27 Barb., p. 207; People vs. Vanderbilt, 24 How. Pr., p. 301; Whetmore vs. Atlantic White Lead Co., 37 Barb., p. 70; Commonwealth vs. Wright, Thach. Cr. Cas., p. 211; Commonwealth vs. Gowen, 7 Mass., p. 378; State vs. Spainhour, 2 Dev. & B., p. 547; Commonwealth vs. Tucker, 2 Pick., p. 44; Commonwealth vs. Webb, 6 Rand., p. 726; State vs. Godfrey, 3 Fairf., p. 361; Commonwealth vs. Ruggles, 10 Mass., p. 391; State vs. Mobley, 1 McMullen, p. 44; State vs. Brown, 16 Conn., p. 54; Elkius vs. State, 2 Humph., p. 543; Simpson vs. State, 10 Yerg., p. 525; State vs. Miskimmins, 2 Carter, p. 440; Commonwealth vs. Rush, 14 Penn. St., p. 186; State vs. Morris and Essex R. R. Co., 3 Zabr., p. 360; Commonwealth vs. Bowman, 3 Barr., p. 202; Commonwealth vs. Milliman, 13 Serg. & R., p. 403; Commonwealth vs. Chapin, 5 Pick., p. 199; State vs. Hunter, 5 Ired., p. 269; State vs. Commissioners, 3 Hill, S. C., p. 149; State vs. Yarrell, 12 Ired., p. 130; State vs. Duncan, 1 McCord, p. 404; State vs. Thompson, 2 Strobh., p. 12; Commonwealth vs. Elburger, 1 Whart., p. 469; State vs. Atkinson, 24 Vt., p. 448; Newark Plankroad Co. vs. Elmer, Strockt., p. 754; Attorney Gen. vs. H. R. R. R. Co., id., p. 526; Works vs. Junetion R. R. Co., 5 McLean, p. 425; State vs. Phipps, 4 Ind., p. 515; State vs. Freeport, 43 Me., p. 193. Subd. 4.-Rex vs. White, Burr., p. 333; Rex vs. Smith, Stra., p. 703; White vs. Cohen, 19 Eng. L. & Eq., p. 146; Catlin vs. Valentine, 9 Paige, p. 575; Brady vs. Weeks, 3 Barb., p. 157; Prescott's Case, 2 City Hall Rec., p. 161; Prout's Case, 4 id., p. 481; Lynck's Case, 6 id., p. 61; People vs. Townsend, 3 Hill, p. 479; Hackney vs. State, 8 Ind., p. 494; State vs. Wetherall, 5 Harring., p. 487; 3 Blackst. Comm., p. 216; Bell's Sc. Law Dict., Tit. "Nuisance." The following are intended to be excluded from the definition, because they have been decided not to be nuisances upon grounds deemed to be sufficient: Exercising banking privileges without authority.-Att'y Gen. vs. Bank of Niagara, Hopk., p. 354. An immigrant depot, if not kept in an improper manner.Phoenix vs. Commissioners of Emigration, 1 Abbott's |