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§ 367. Selling debased quicksilver. Every person who willfully sells, or offers for sale as pure, any debased or adulterated quicksilver, is guilty of a misdemeanor.

Frauds in stamping and labeling produce and goods: See ante, §§ 349a et seq.

Legislation § 367. Enacted February 14, 1872.

§367a. Unauthorized use of dramatic or musical compositions. Any person who causes to be publicly performed or represented for profit any unpublished or undedicated dramatic composition or dramatic-musical composition known as an opera, without the consent of its owner or proprietor, or who, knowing that such dramatic or musical composition is unpublished or undedicated, and without the consent of its owner or proprietor, permits, aids, or takes part in such a performance or representation, or who sells a copy or a substantial copy of any unpublished, undedicated or copyrighted dramatic composition or musical or dramatic-musical composition, known as an opera, without the consent of the author or proprietor of such dramatical or dramaticmusical composition shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than fifty (50) dollars, and not more than three hundred (300) dollars, or be imprisoned for not less than thirty (30) days [in] or more than three (3) months, or both such fine and imprisonment.

Legislation § 367a. Added by Stats. 1905, p. 248.

§ 367b. Hazing, a misdemeanor. Whosoever being a student, or being a person in attendance at any public, private, parochial, or military school, college, or other educational institution, conspires to haze or engages in hazing or commit any act that injures, degrades or disgraces, or tends to injure, degrade, or disgrace any fellow-student or person attending such institution shall be guilty of a misdemeanor, and upon conviction shall be fined not less than fifty nor more than five hundred dollars, or imprisoned in the county jail not more than six months, or both.

Legislation § 367b. Added by Stats. 1907, p. 888.

§ 367c. Duty of drivers in vehicles in collision. Penalty. Whenever an automobile, motorcycle, or other motor vehicle, or any vehicle whatsoever, regardless of the power by which the same may be propelled or drawn, strikes any per-. son, or collides with any vehicle containing a person, the driver of, and all persons in, such automobile, motorcycle or other motor vehicle, or other vehicle, who have or assume

authority over such driver, shall immediately cause such automobile, motorcycle, or other motor vehicle, or other vehicle, to stop, and shall render to the person struck, or to the occupants of the vehicle collided with, all necessary assistance including the carrying of such person or occupant to a physician or surgeon for medical or surgical treatment, if such treatment be required, or if such carrying is requested by the person struck or the occupant of the vehicle struck; and such driver, and person having or assuming authority over such driver, shall further give to the occupants of such vehicle or person struck, the number of such automobile, motorcycle, or other motor vehicle, if the same have a number, together with the name and address of the driver of such automobile, motorcycle or other motor vehicle, or other vehicle, also the name of the owner thereof and the name of the passenger; or passengers not exceeding five in such automobile, mortorcycle, or other motor vehicle, or other vehicle at the time of such striking or collision. Any person violating any of the provisions of this section is punishable by imprisonment in the state prison not exceeding five years or in the county jail not exceeding one year, or by fine not exceeding five thousand dollars, or by both such fine and imprisonment. [Amendment approved 1913; Stats. 1913, p. 218.]

Legislation § 367c. 1. Added by Stats. 1911, p. 62, and then read: "Whenever an automobile, motorcycle, or other motor vehicle strikes any person, or collides with any vehicle containing a person, the driver of, and all persons in, such automobile, motorcycle, or other motor vehicle who have or assume authority over such driver, shall immediately cause such automobile, motorcycle or other motor vehi cle to stop, and shall forthwith render to the person struck, or to the occupants of such vehicle, all needed assistance, including the carrying of such person or occupant to a physician or surgeon for medical or surgical treatment, if such treatment seems to be required, or if such carrying is requested by the person struck or occupying such vehicle; and such driver and person having or assum ing authority over him, shall forthwith give to the occupants of such vehicle or person struck, the number of such automobile, motorcycle or other motor vehicle, with the name and address of the driver and of each person in such automobile, motorcycle or other motor vehicle, at the time of such striking or collision. Any person violating any provision of this section is punishable by imprisonment in the state prison not exceeding five years, or in the county jail not exceeding one year, or by fine not exceeding five thousand dollars, or by both such fine and imprisonment."

2. Amended by Stats. 1913, p. 218.

§ 367d. Driving automobile while intoxicated. Any person operating or driving an automobile, motorcycle or other motor vehicle who becomes or is intoxicated while so en

gaged in operating or driving such automobile, motorcycle or other motor vehicle shall be guilty of a misdemeanor.

Legislation § 367d. Added by Stats. 1911, p. 90.

§ 367e. Intoxicated automobile driver committing acts of negligence. Any person operating or driving an automobile, motorcycle or other motor vehicle who becomes or is intoxicated while so engaged in operating or driving such automobile, motorcycle or other motor vehicle, and who by reason of such intoxication does any act, or neglects any duty imposed by law, which act or neglect of duty causes the death of, or bodily injury to, any person, shall be punishable by imprisonment in the state's prison not exceeding five years, or in the county jail not exceeding one year, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment.

Legislation § 367e. Added by Stats. 1911, p. 288.

TITLE X.

Crimes against the Public Health and Safety.

3 368. Death from explosions, etc.

§ 368a. Hatch-tender for ships of fifty tons capacity. Penalty.

§ 369. Death from collision on railroads.

§ 369a. Street cars and dummies to be supplied with proper brakes

and fenders.

§ 369b. Railroad companies transporting cattle, etc., confined in cars longer than a certain time without unloading and feeding. Charges a lien upon animals.

§369c. Obstructing highways by train of cars.

dition.]

§ 369d. Closing of gates at railroad crossings.

§ 369e. Animals feeding along railroad tracks.

[Unconstitutional ad

§369f. Railroad employee intoxicated while on duty.

$369g. Driving vehicles along track of railroad.

$370. "Public nuisances" defined.

§ 371. Unequal damage.

$372. Maintaining a nuisance, a misdemeanor. $372a. Spitting prohibited, where.

§ 373. Establishing or keeping pest-houses within cities, towns, or

villages.

§ 373a. Public nuisance. Penalty.

$374. Dead animals in streets, etc. Pollution of waters. Penalty. § 374, Discharging coal-tar, or similar products, in navigable waters.

[Repealed.]

§ 374a. Unlawful to dump garbage, etc., in navigable waters or in Pacific Ocean.

$375. Keeping gunpowder, etc., unlawfully.

§375a. Record of sale of explosives.

$ 376. Violation of quarantine laws by master of vessel.

§ 377. Willful violation of health laws.

§ 377a. State board of health, violation of rules of, relating to quarantine, etc.

§ 377b. State board of health, violation of rules of, relating to pollution of water.

§ 377c. State board of health, violation of rules of, relating to pollution of ice.

$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 usually sold by weight, with intent to increase weight.

§ 381a. Penalty for rendering inaccurate, incorrect, or false tests as to dairy products.

§ 381b. State dairy bureau. Duty of, relating to the enforcement of the law on false tests of dairy products.

$382. Adulterating food, drugs, liquors, etc.

§383. Sale of adulterated or tainted food, or drink or drug. "Drug" defined. "Food" defined. Drugs deemed to be adulterated. Food deemed to be adulterated.

§383a. Sale of process or renovated butter.

§ 384. Penalty for violating act for prevention of fires.

Pen. Code-11

§ 384a. Keeping fires within certain limits. [Repealed.] § 384b. Camp-fire. [Repealed.]

§ 384c. Animals injured by persons hunting.

§ 385. Obstructing attempts to extinguish fires.

§ 386.

§ 387.

§ 388.

§ 389.

§ 390.

§ 391.

§ 392.

§ 393.

$ 394.

$395.

Maintaining bridge or ferry without authority.
Violating condition of undertaking to keep ferry.
Riding or driving faster than a walk on toll-bridges.
Crossing bridge, etc., without paying toll.

Engineer of locomotive-engine omitting to ring bell when crossing highway.

Intoxication of engineers, conductors, or drivers of locomotives

or cars.

Placing passenger-cars in front of freight-cars.

Violation of duty by employees of railroad companies. Exposing person infected with any contagious disease in a public place.

Frauds practiced to affect the market price.

§ 396. Racing upon highways.

$397.

Sale of liquor to habitual drunkards or Indians forbidden. § 397a. Furnishing liquor to persons addicted to inordinate

thereof. [Unconstitutional addition.]

use

§ 397b. Liquors, selling of, to minors. Permitting minor to visit saloons. Not to apply to parents.

§ 397c. Sale of liquors between 2 and 6 a. m. prohibited.

§ 398. $399.

§ 400.

§ 401.

Selling firearms and ammunition to Indians. [Repealed.]
Death from mischievous animals.

Exhibiting deformities.

Aiding in suicide.

§ 401a. Cubic feet of space in rooms.

$402.

Sale or exposure of animals having glanders, a misdemeanor.

§ 402a. Adulteration of candies.

§ 402b. Diseased animal to be killed.

$402c. Unsafe scaffolding, ladders, etc.

§ 402d. Animals affected with contagious diseases to be kept within inclosure.

§ 402e. Infectious diseases must be reported. § 402e. Laundry from hospitals.

§ 368. Death from explosions, etc. Every person having charge of any steam-boiler or steam-engine, or other apparatus for generating or employing steam, used in any manufactory, or 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.

Mismanagement of steam-boilers: See ante, §§ 348, 349.

Act to protect life and property against careless use of explosives: See post, Appendix, tit. "Explosives."

Record of sale of explosives: See post, § 375a.

Legislation § 368. Enacted February 14, 1872.

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