Pr., p. 466. A person sick of a contagious disease, if not needlessly exposed so as to endanger the public.Boom vs. City of Utica, 2 Barb., p. 104. Several offenses which in this Code are made the subject of specific provisions have been held indictable under the common law definition of nuisance. See Rex vs. Meadley, 6 Carr. & P., p. 292. As to obstructing railways.— Reg. vs. Holroyd, 2 M. & Rob., p. 339. As to keeping gunpowder.-Rex vs. Taylor, 2 Stra., p. 1167; People vs. Sands, 1 Johns., p. 78; Myers vs. Malcolm, 6 Hill, p. 292. As to establishments for gaming and other useless sports.-Tanner vs. Trustees of Albion, 5 Hill, p. 121; Updike vs. Campbell, 4 E. D. Smith, p. 570; State vs. Doon, R. M. Charlt., p. 1; State vs. Haines, 30 Maine, p. 65. As to other disorderly houses.-Smith vs. Commonwealth, 6 B. Monr., p. 21; Bloomhuff vs. State, 8 Blackf., p. 205; State vs. Bailey, 1 Fost., p. 343; Rex vs. Williams, 1 Salk., p. 384: Hackney vs. State, 8 Ind., p. 494. As to dangerous driving through public streets.-U. S. vs. Hart, Pet. C. C., p. 390. As to exposure of the person.-Reg. vs. Webb, 1 Den. C. C. R., p. 338; 13 Jur., p. 42; '18 Law J., M. C., p. 39. As to digging up or injuring highways.-Reg. vs. Sheffield Gas Consumers' Co., 22 Eng. L. & Eq., p. 200; State vs. Peekhard, 5 Harring., p. 500. As to neglect to keep ferry in repair.-State vs. Willis, Busb., p. 223. And the like.-State vs. Graham, 3 Sneed., p. 134. Consult, also, upon other branches of the criminal law relative to what are nuisances, the following: Rex vs. Wigg, 1 Ld. Raym., p. 737; Rex vs. Village of Hornsey, 1 Ro., p. 406; Anon., 12 Mod., p. 342; Rex vs. Record, 2 Show., p. 216; Rex vs. Dunraven, W. W. & D., p. 577; Rex vs. Cross, 2 Carr. & P., p. 483; Rex vs. Neville, Peake, p. 93; Rex vs. Watts, Mood. & M., p. 281; Wetmore vs. Tracy, 14 Wend., p. 250; Harris vs. Thompson, 9 Barb., p. 350; Plant vs. Long Island R. R. Co., 10 id., p. 26; Leigh vs. Westervelt, 2 Duer, p. 618; Williams vs. N. Y. Central R. R. Co., 18 Barb., p. 222; Lynch's Case, 6 City Hall Rec., p. 61; Dygert vs. Schenck, 23 Wend., p. 446; People vs. Cunningham, 1 Den., p. 424; Renwick vs. Morris, 7 Hill, p. 575; Peckham vs. Henderson, 27 Barb., p. 207; State vs. Commissioners, Riley, p. 146; Ellis vs. State, 7 Blackf., p. 534; Works vs. Junction R. R., 5 McLean, p. 425; Douglass vs. State, 4 Wisc, p. 387; Commonwealth vs. Upton, 6 Gray, p. 473.

1874

Unequal
damage.

Maintain-
ing a
nuisance,
a misde-
meanor.

Establish-
ing or
keeping
pest houses

within
cities,

towns, or
villages.

Putting
dead

animals in
rivers, etc.

streets,

Keeping

gunpow

unlawfully.

371. An act which affects a considerable number of persons, in either of the ways specified in the last section, is not less a nuisance because the extent of damage is unequal.

372. Every person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a misdemeanor.

373. Every person who establishes or keeps, or causes to be established or kept, within the limits of any city, town, or village, any pest house, hospital, or place for persons affected with contagious or infectious diseases, is guilty of a misdemeanor.

NOTE.-Stats. 1853, p. 35, Secs. 1, 2.

374. Every person who puts the carcass of any dead animal, or the offal from any slaughter pen, corral, or butcher shop, into any river, creek, pond, street, alley, public highway or road in common use, or who attempts to destroy the same by fire within one fourth of a mile of any city, town, or village, is guilty of a misdemeanor.

NOTE.-Stats. 1852, p. 100, Sec. 1.

375. Every person who makes or keeps gunpowder, etc.. der, nitro-glycerine, or other highly explosive substance, within any city or town, or who carries the same through the streets thereof, in any quantity or manner such as is prohibited by law, or by any ordinance of such city or town, is guilty of a misde

Violation

meanor.

376. Every master of a vessel subject to quarantine or visitation by the Health Officer, arriving in the of vessels. port of San Francisco, who refuses or omits:

of quaran-
tine laws
by masters

1. To proceed with and anchor his vessel at the place assigned for quarantine, at the time of his arrival; or,

2. To submit his vessel, cargo, and passengers to the Same. examination of the Health Officer, and to furnish all necessary information to enable that officer to deter mine to what length of quarantine and other regulations they ought, respectively, to be subject; or,

3. To remain with his vessel at quarantine during the period assigned for her quarantine, and while at quarantine to comply with the regulations prescribed by law, and with such as any of the officers of health, by virtue of authority given them by law, shall prescribe in relation to his vessel, his cargo, himself, his passengers, or crew;

-Is punishable by imprisonment in the County Jail not exceeding one year, or by fine not exceeding two thousand dollars, or both.

NOTE.-See Political Code Cal., Secs. 3004-3032.
Shipmasters' duties, id., Secs. 3013, 3014, 3017-3019.

of willful

violation

laws.

377. Every person who willfully violates any the laws of this State relating to the preservation of of health the public health, is, unless a different punishment for such violation is prescribed by this Code, punishable by imprisonment in the County Jail not exceeding one year, or by fine not exceeding one thousand dollars, or both.

NOTE.-See references in note to Sec. 376, ante; also, "Preservation of public health," Chap. II, Title VII, Part III, Political Code Cal., Secs. 2978-3063, and notes, inclusive.

to perform

under

378. Every person charged with the performance Neglecting of any duty under the laws of this State relating to duties the preservation of the public health, who willfully neglects or refuses to perform the same, is guilty of a misdemeanor.

NOTE.-See Secs. 2978-3063, inclusive, Pol. Code

health law.

Cal.

(m2

1074

Unlicensed
piloting.

Apothe-
cary

label drugs,
or labeling
them

etc.

379. Every person, not authorized to act as pilot. under the laws of this State, who pilots or offers to pilot any vessel to or from any port of this State for which there are commissioned or licensed pilots, or who pilots or offers to pilot any vessel to or from any port other than that for which he is commissioned or licensed, and for which there are pilots so commissioned or licensed, is guilty of a misdemeanor.

NOTE.-Founded upon Stats. 1869-70, p. 348, Sec. 17. That Act applies only to the port of San Francisco, but for the same reasons should be extended to all ports in this State having commissioned pilots. See "Pilots and Pilot Regulations," generally, Secs. 2429-2447; San Francisco, etc., id., Secs. 2457-2468; Humboldt Bay, etc., id., Secs. 2476-2491; and San Diego, Stats. 1871-2, pp. 650-652, Pol. Code Cal., note to Sec. 2491. 380. Every apothecary, druggist, or person carryomitting to ing on business as a dealer in drugs or medicines, or person employed as clerk or salesman by such person, wrongfully. who, in putting up any drugs or medicines, or making up any prescription, or filling any order for drugs or medicines, willfully, negligently, or ignorantly omits to label the same, or puts an untrue label, stamp, or other designation of contents, upon any box, bottle, or other package containing any drugs or medicines, or substitutes a different article for any article prescribed or ordered, or puts up a greater or less quantity of any article than that prescribed or ordered, or otherwise deviates from the terms of the prescription or order which he undertakes to follow, in consequence of which human life or health is endangered, is guilty of a misdemeanor, or if death ensues, is guilty of a felony.

NOTE.-The frequent occurrence of accidents, involving, often, even the loss of human life, through mistakes in the putting up of prescriptions, render necessary some legislation to enforce care and caution on the part of dealers in drugs. The recent case of Thomas vs. Winchester, 2 Seld., p. 397, illustrates the danger arising in a different class of cases, also embraced in the

text of this section, viz.: cases in which a manufac-
turer or dealer in drugs sends them into the market
under an untrue label; in consequence of which, retail
dealers are innocently led to supply dangerous articles
without intending it. In that case it appeared that de-
fendants, who were manufacturing druggists, sold to a
dealer a jar labeled, "Extract of dandelion," but which
really contained extract of belladonna. The dealer,
relying on the label, sold the jar to a retailer; and the
latter, in turn, used a part of the contents of the jar,
supposing them to be extract of dandelion, in putting
up a prescription in which that article was required. A
dangerous illness was the result to the person taking
the prescription. The Court of Appeals, in the case
cited, held the manufacturers liable in damages to the
injured person, notwithstanding the article had passed
through intermediate sales, in reaching such person.
This liability is founded upon the duty which the law
imposes upon the dealer, to avoid acts dangerous to
other persons; and not upon any contraet or privity
between him and the consumer. Obvious considera-
tions make it proper that this duty should be enforced
by criminal penalty as by a remedy in damages.-See
Civil Code Cal., Secs. 1708, 3333, 3523-wrongs and
damages therefor.

381. Every person who, in putting up in any bag, bale, box, barrel, or other package, any hops, cotton, wool, grain, hay, or other goods usually sold in bags, bales, boxes, barrels, or packages by weight, puts in or conceals therein anything whatever, for the purpose of increasing the weight of such bag, bale, box, barrel, or package, is punishable by a fine of twenty-five dollars for each offense.

ing food,
drugs,
liquors, etc.

382. Every person who adulterates or dilutes any Adulteratarticle 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 misde

meanor.

1874