5. Who, being the owner, lessee or occupant of any room, shed, tenement, tent, booth, building, float, vessel, place, stand, inclosure or grounds, or any part thereof, whether for gain, hire, reward, or gratuitously, or otherwise, permits the same to be used or occupied for any purpose, or in any manner prohibited by subdivisions 1, 2, 3 or 4 of this section; or 6. Who lays, makes, offers or accepts any bet or bets, or wager or wagers, upon the result, or purported result, of any trial, or purported trial, or contest, or purported contest, of skill, speed or power of endurance of man or beast, or between men, beasts, or mechanical apparatus.

Is punishable by imprisonment in the county jail or state. prison for a period of not less than thirty days and not exceeding one year.

This section shall apply not only to persons who may commit any of the acts designated in subdivisions 1 to 6 inclusive of this section, as a business or occupation, but shall also apply to every person or persons who may do in a single instance any one of the acts specified in said subdivisions 1 to 6 inclusive. [Amendment approved 1911; Stats. 1911, p. 4.]

Legislation § 337a. 1. Added by Stats. 1909, p. 21, and then read: "Every person, who engages in pool-selling or book-making at any time or place; or who keeps or occupies any room, shed, tenement, tent, booth, or building, float or vessel, or any part thereof, or who occupies any place or stand of any kind, upon any public or private grounds within this state, with books, papers, apparatus or paraphernalia, for the purpose of recording or registering bets or wagers, or of selling pools, or who records or registers bets or wagers, or sells pools, upon the result of any trial or contest of skill, speed or power of endurance, of man or beast or between men or beasts, or upon the result of any lot, chance, casualty, unknown or contingent event whatsoever; or who receives, registers, records or forwards, or purports or pretends to receive, register, record or forward, in any manner whatsoever, any money, thing or consideration of value, bet or wagered, or offered for the purpose of being bet or wagered, by or for any other person, or sells pools, upon any such result; or who, being the owner, lessee, or occupant of any room, shed, tenement, tent, booth or building, float or vessel, or part thereof, or of any grounds within this state, knowingly permits the same to be used or occupied for any of these purposes, or therein keeps, exhibits, or employs any device or apparatus for the purpose of recording or registering such bets or wagers, or the selling of such pools, or becomes the custodian or depositary for gain, hire or reward of any money, property or thing of value, staked, wagered or pledged, or to be wagered or pledged upon any such result; or who aids, assists or abets in any manner in any of the said acts, which are hereby forbidden, is punishable by imprisonment in a county jail or state prison for a period of not less than thirty days and not exceeding one year."

2. Amended by Stats. 1911, p. 4.

CHAPTER XI.

Pawnbrokers.

§ 338. Pawnbroking without license.

§ 339.

§ 340.

Pawnbrokers, register to be kept.
Pawnbrokers, what interest may charge.

$341.

§ 342.

Selling before time of redemption has expired, or without notice.

Refusing to disclose particulars of sale.

§ 343. Inspection of register by officer.

§ 344.

Junk dealers, application of code sections to.

Code commissioners' note to Chapter XI. ". . . Based upon the provisions of the act of April 17, 1861, relating to pawnbrokers. (Stats. 1861, p. 184.)"

§ 338. Pawnbroking without license. Every person who carries on the business of a pawnbroker, by receiving goods in pledge for loans at any rate of interest above the rate of ten per cent per annum, except by authority of a license, is guilty of a misdemeanor.

Pledge from minor under sixteen: See post, § 501.

Pledge: See Civ. Code, §§ 2986-3011.

Carrying on business without license: See post, §§ 379, 435.

Legislation § 338. Enacted February 14, 1872 (Field's Draft, § 401, N. Y. Pen. Code, § 353); based on Stats. 1861, p. 184.

§ 339. Pawnbrokers, register to be kept. Every person who carries on the business of a pawnbroker, or who purchases gold bars, gold-quartz or gold bullion or mineral containing gold, who fails at the time of the transaction to enter in a register kept by him for that purpose, in the English language, the date, duration, amount, and rate of interest of every loan made by him, or an accurate description of the property pledged, or estimated value of the property purchased, or the name and residence of the pledgor or seller, or to deliver to the pledgor or seller a written copy of such entry, or to keep an account in writing of all sales made by him, is guilty of a misdemeanor. [Amendment approved 1909; Stats. 1909, p. 367.]

This section applies to junk dealers: See post, § 344.

Legislation § 339. 1. Enacted February 14, 1872 (based on Stats. 1861, p. 184, § 1), and then read: "Every person who carries on the business of a pawnbroker, who fails at the time of the transaction to enter in a register kept by him for that purpose, in the English language, the date, duration, amount, and rate of interest of every loan made by him, or an accurate description of the property pledged, or the name and residence of the pledgor, or to deliver to the pledgor a written copy of such entry, or to keep an account in writing of all sales made by him, is guilty of a misdemeanor."

2. Amended by Stats. 1909, p. 367; the act amending this section and § 343, post, contained a section reading, "Sec. 3. Providing

that nothing in this act shall apply to persons or corporations doing a banking business in this state."

§ 340. Pawnbrokers, what interest may charge. Every pawnbroker who charges or receives interest at the rate of more than two per cent per month, or who by charging commissions, discount, storage, or other charge, or by compounding increases, or attempts to increase, such interest, is guilty of a misdemeanor. [Amendment approved 1881; Stats. 1881, p. 75.]

Legislation § 340. 1. Enacted February 14, 1872 (based on Stats. 1861, p. 184, § 3), and then had the words "four per cent" instead of "two per cent," as at present.

2. Amended by Stats. 1881, p. 75.

§ 341. Selling before time of redemption has expired, or without notice. Every pawnbroker who sells any article pledged to him and unredeemed, until it has remained in his possession six months after the last day fixed by contract for redemption, or who makes any sale without publishing in a newspaper printed in the city, town, or county, at least five days before such sale, a notice containing a list of the articles to be sold, and specifying the time and place of sale, is guilty of a misdemeanor.

Legislation § 341. Enacted February 14, 1872 (Field's Draft, § 403, N. Y. Pen. Code, § 355); based on Stats. 1861, p. 184, § 4.

§ 342. Refusing to disclose particulars of sale. Every pawnbroker who willfully refuses to disclose to the pledgor or his agent the name of the purchaser and the price received by him for any article received by him in pledge and subsequently sold, or who, after deducting from the proceeds of any sale the amount of the loan and interest due thereon, and four per cent on the loan for expenses of sale, refuses, on demand, to pay the balance to the pledgor or his agent, is guilty of a misdemeanor.

This section applies to junk dealers: See post, § 344.

Legislation § 342. Enacted February 14, 1872; based on Stats. 1861, p. 184.

§ 343. Inspection of register by officer. Every pawnbroker or person who purchases gold bullion, gold bars or gold-quartz or mineral containing gold, who fails, refuses, or neglects to produce for inspection his register, or to exhibit all articles received by him in pledge, or his account of sales, to any officer holding a warrant authorizing him to search for personal property or to any person appointed by the sheriff or head of the police department of any city,

Pen. Code-10

city and county or town, or an order of a committing magistrate directing such officer to inspect such register, or examine such articles or account of sales, is guilty of a misdemeanor. [Amendment approved 1909; Stats. 1909, p. 367.]

This section applies to junk dealers: See post, § 344.

Legislation § 343. 1. Enacted February 14, 1872 (based on Stats. 1861, p. 184, § 6), and then read: "Every pawnbroker who fails, refuses, or neglects to produce for inspection his register, or to exhibit all articles received by him in pledge, or his account of sales, to any officer holding a warrant authorizing him to search for personal property, or the order of a committing magistrate directing such officer to inspect such register, or examine such articles or account of sales, is guilty of a misdemeanor."

2. Amendment by Stats. 1901, p. 452; unconstitutional. See note, § 5, ante.

3. Amended by Stats. 1905, p. 668, adding "or appointed by the sheriff of the county or the head of the police department of any city, city and county, or town to inspect such register, or examine such articles or account of sales," before "is guilty," at end of section.

4. Amended by Stats. 1909, p. 367; the act amending this section and § 339, ante, contained a section reading, "Sec. 3. Providing that nothing in this act shall apply to persons or corporations doing a banking business in this state."

§ 344. Junk dealers, application of code sections to. Sections three hundred and thirty-nine, and three hundred and forty-two, and three hundred and forty-three of the Penal Code are applicable to the persons carrying on the business of junk dealers, their clerks, employees, or servants, and to persons acting as brokers or commission agents for such persons, and apply to their transactions of purchase and sale as well as to those of pledge or mortgage.

Legislation § 344. 1. Enacted February 14, 1872, as § 502, and then read: "502. Sections 339, 342, and 343 of the Penal Code are applicable to persons carrying on the business of junk dealers, and apply to their transactions of purchase and sale, as well as to those of pledge or mortgage."

2. Repealed by Stats. 1901, p. 75, and added as a new section, numbered 344, reading as the text supra, by the act repealing § 502. 3. Addition by Stats. 1901, p. 452; unconstitutional. See note, § 5, ante. See post, Legislation § 502.

CHAPTER XII.

Other Injuries to Persons.

§ 346. Aets of intoxicated physicians.

$347. Willfully poisoning food, medicine, or water.

§ 347a. Poisonous substance, how sold and labeled. To whom sold. Entry of sale to be made. Penalty. Not to apply to prescriptions.

§ 348. Mismanagement of steamboats.

$349. Mismanagement of steam-boilers.

§349a. Misrepresenting kind of labor employed in producing goods. Penalty.

§349b. Use of registered trade-mark.

$349c. Misrepresentations regarding employment of union labor.

$350. Counterfeiting trade-marks.

351. Selling goods which bear counterfeit trade-marks.

$352. Definition of the phrase "counterfeited trade-marks," etc. §353. "Trade-mark" defined.

§ 354. Refilling casks, etc., bearing trade-mark.

$354%. Selling or refilling casks, etc., containing trade-mark. $3544. Destroying or defacing trade-mark.

§ 355. Defacing marks upon wrecked property and destroying bills of lading.

§356. Defacing marks upon logs, lumber, or wood.

§ 357. Changing or defacing marks or brands on domestic animals.

Penalty.

§357%. Changing or defacing brands on domestic animals, a misdemeanor.

§ 358. Frauds in affairs of special partnership.

$359. Contracting or solemnizing incestuous or forbidden marriages. $360. Performing marriage ceremony before license is presented. Failure to record license and marriage certificate. False record of marriage return.

$361. Cruel treatment of lunatics, ete.

$362. Refusing to issue or obey writ of habeas corpus.

$363. Reconfining persons discharged upon writ of habeas corpus. $364. Concealing persons entitled to benefit of habeas corpus.

$365. Innkeepers and carriers refusing to receive guests and passen. gers.

§366. Counterfeiting quicksilver stamps.

$367. Selling debased quicksilver.

367a. Unauthorized use of dramatic or musical compositions.

§367b. Hazing, a misdemeanor.

$367e. Duty of drivers of vehicles in collision. Penalty.

§367d. Driving automobile while intoxicated.

§ 367e. Intoxicated automobile driver committing acts of negligence.

§ 346. Acts of intoxicated physicians. Every physician who, in a state of intoxication, does any act as such physician to another person by which the life of such other person is endangered, is guilty of a misdemeanor.

Legislation § 346. Enacted February 14, 1872; based on Field's Draft, § 404, N. Y. Pen. Code, § 357.

§ 347. Willfully poisoning food, medicine, or water. Every person who willfully mingles any poison with any