Disposing of tainted food, etc.

Setting woods on fire.

NOTE. This and the succeeding section is based upon Sec. 125 of the Crimes and Punishment Act (Stats. 1850, p. 229), and upon the Acts to prevent the adulteration of food, milk, etc.-Stats. 1860, p. 186; 1862, p. 484; 1870, p. 298. The section follows the language of the New York Penal Code, Secs. 451, 452.

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.

NOTE.-Stats. 1852, p. 111, Sec. 1.

Stats. 1871-2, p. 96.

An Act to prevent the destruction of forests by fire on public lands.

[Approved February 13, 1872.]

[Enacting clause.]

SECTION 1. Any person or persons who shall willfully and deliberately set fire to any wooded country or forest belonging to this State or the United States, within this State, or to any place from which fire shall be communicated to any such wooded country or forest, or who shall accidentally set fire to any such wooded country or forest, or to any place from which fire shall be communicated to any such wooded country or forest, and shall not extinguish the same, or use every effort to that end, or who shall build any fire, for lawful purpose or otherwise, in or near any such wooded country or forest, and through carelessness or neglect shall permit said fire to extend to and burn through such wooded country or forest, shall be deemed guilty of a misdemeanor, and on conviction, before a Court of competent jurisdiction, shall be punishable by fine not exceeding one thousand dollars, or imprisonment not exceeding one year, or by both such fine and imprisonment; provided, that nothing herein contained shall apply to any person who in

good faith shall set a back fire to prevent the extension
of a fire already burning. All fines collected under
this Act shall be paid into the County Treasury for the
benefit of the Common School Fund of the county in
which they are collected.

The Act of 1872, p. 895, providing a punishment for
burning other houses and property, is void under Sec.
330, Political Code, it being amendatory of an Act
repealed by this Code. It is amply provided for under
"Arson" and "Malicious mischief," post.

ing

attempts to

extinguish

fires.

385. Every person who, at the burning of a build- Obstructing, disobeys the lawful orders of any public officer or fireman, or offers any resistance to or interference 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.

NOTE.-See "Fires and Firemen," Political Code
Cal., Secs. 3335-3345, and notes.

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 misdemeanor.

NOTE.-See Political Code, Index, Titles "Bridges," "Ferries," etc.

condition

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

NOTE.-See Political Code Cal., Secs. 2850, 2894, et

meanor.

alia.

taking to

of underkoop forry.

Riding or

faster than

388. Every person who willfully rides or drives driving faster than a walk on or over any toll bridge, law-bridge

toll

Crossing bridge, etc., without

paying toll.

Engineer of locomotive engine

omitting to ring bell when

crossing

highway.

Intoxication of

fully licensed, is punishable by fine not exceeding twenty dollars.

NOTE.-Stats. 1861, p. 18, Sec. 1.

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.

NOTE.-Stats. 1861, p. 18, Sec. 2.

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.

NOTE.-See "Regulations of Trains," Civil Code Cal., Sec. 486.

391. Every person who is intoxicated while in engineers, charge of a locomotive engine, or while acting as con

conductors, or drivers

of locomotives or cars.

Placing passenger cars in

front of freight cars.

ductor 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.

NOTE.-See Political Code Cal., Secs. 2920-2933. This section was amended so as to read as published in the text, by Act of April 1st, 1872: "An Act to amend and in relation to the Political, Civil, and Penal Codes, and the Code of Civil Procedure," now on file in the office of the Secretary of State.

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.

NOTE. This section was amended so as to read as published in the text, by Act of April 1st, 1872: "An Act to amend and in relation to the Political, Civil, and Penal Codes, and the Code of Civil Procedure," now on file in the office of the Secretary of State.

of duty by

of railroad

393. Every engineer, conductor, brakeman, switch- Violation tender, or other officer, agent, or servant of any rail- employés road company, who is guilty of any willful violation companies. 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 misdemeanor.

person

with any

contagious

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

disease in
a public

practiced

to affect

the market

price.

395. Every person who willfully makes or pub- Frauds lishes 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.

upon

396. Every person driving any conveyance drawn Racing by horses, upon any public road or way, who causes or highways. 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.

liquor to

397. Every person who sells or furnishes, or causes Selling
to be sold or furnished, intoxicating liquors to any
Indian, is guilty of a misdemeanor.

NOTE.-Stats. 1850, p. 408, Sec. 15; 1855, p. 179,
Sec. 2.

Selling firearms

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.

398. Every person who sells or furnishes to any and ammu- Indian any firearm, or ammunition therefor, is guilty

nition to Indians.

Death from mischiev

of a misdemeanor.

NOTE.-Stats. 1854, p. 15.

399. If the owner of a mischievous animal, knowous animals ing 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.

Shibitury deformities.

ver hire

New Sec 12743aidug
TITLE XI.

OF CRIMES AGAINST THE PUBLIC PEACE.

SECTION 403. Disturbance of public meetings, other than religious or

political.

404. "Riot" defined.

405. Riot, punishment of.

406. "Rout" defined.

407. "Unlawful assembly " defined.

408. Punishment of rout and unlawful assembly.

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

to disperse.