354. Every person who has, or uses, any cask, bottle, vessel, case, cover, label, or other thing bearing or having in any way connected with it the duly filed trade-mark or name of another, for the purpose of disposing, with intent to deceive or defraud, of any article other than that which such cask, bottle, vessel, case, cover, label, or other thing originally contained, or was connected with, by the owner of such trade-mark or name, is guilty of a misdemeanor.

See §§ 349, 350, 351.

355. Every person who defaces or obliterates the marks upon wrecked property, or in any manner disguises the appearance thereof, with intent to prevent the owner from discovering its identity, or who destroys or suppresses any invoice, bill of lading, or other document tending to show the ownership, is guilty of a misde

meanor.

See Pol. Code, §§ 2403-2418.

356. Every person who cuts out, alters, or defaces any mark made upon any log, lumber, or wood, or puts a false mark thereon with intent to prevent the owner from discovering its identity, is guilty of a misdemeanor. See Pol. Code, §§ 2389-2393.

357. Every person who marks or brands, alters, or defaces the mark or brand of any horse, mare, colt, jack, jeunet, mule, bull, ox, steer, cow, calf, sheep, goat, hog, shoat, or pig, belonging to another, with intent thereby to steal the same, or to prevent identification thereof by the true owner, is punishable by imprisonment in the State prison for not less than one nor more than five years. See Pol. Code, §§ 3167-3172, 3182-3185.

353. Every member of a special partnership, who commits any fraud in the affairs of the partnership, is guilty of a misdemeanor.

See Civ. Code, § 2477.

359. Every person authorized to solemnize marriage, who willfully and knowingly solemnizes any incestuous

or other marriage forbidden by law, is punishable by fine of not less than one hundred nor more than one thousand dollars, or by imprisonment in the county jail not less than three months nor more than one year, or by both.

See Civ. Code, § 59. Authority to solemnize marriage-id. § 70. See Incest, ante, § 285.

360. Every person authorized to solemnize any marriage, who willfully makes a false return of any m...riage or pret nded marriage to the recorder, and every person who willfully makes a false record of any marriage return, is punishable as provided in the preceding section. See Civ. Code, §§ 73, 74, 76.

361. Every person guilty of any harsh, cruel, or unkind treatment of, or any neglect of duty towards, any idiot, lunatic, or insane person, is guilty of a misdemeanor.

Public duty.-Wherever a party owes the public a duty, he is indictable for breach of that duty-37 Ala. 123. So, exposing helpless persons to physical danger, by those having them in charge, is indictable -Russ. & R. C. C. 20; 10 Cox C. C. 569; Law R. 1 C. C. 311; id. 222; Dears. 453; 9 Cox C. C. 123. A guardian, master, or keeper of an asylum, is indictable for negligence where injury results-77 N. C. 494; Russ & R. C. C. 20; id. 48; 4 Cox C. C. 455; 8 id. 449; 10 id. 82; 8 Car. & P. 425. See Desty's Crim. Law, § 87 a.

362. Every officer or person to whom a writ of habeas corpus may be directed, who, after service thereof, neglects or refuses to obey the command thereof, is guilty of a misdemeanor.

363. Every person who, either solely or as member of a court, knowingly and unlawfully recommits, imprisons, or restrains of his liberty, for the same cause, any person who has been discharged upon a writ of habeas corpus, is guilty of a misdemeanor.

See Habeas Corpus, post, §§ 1473, et seq.

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 there of, 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.

See Habeas Corpus, post, §§ 1473, et seg.

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 misde

meanor.

Neglect of duty.-An innkeeper, having room in his house, who refuses to receive a visitor who tenders a reasonable price for entertainment, is indictable at common law-4 Har. (Del.) 132; 2 Dev. & B. 424; 12 Mod. 445; 7 Car. & P. 213; 8 Mees. & W. 269; 13 Cox C. C. 378. So, if having received a guest he refuses to find food and lodging for him-1 Hawk. P. C. 714; but the person applying must be a traveler-12 Mod. 445. See Civ. Code, §§ 1859, 1860.

366. Every person who counterfeits, or who willfully uses the counterfeited seal or stamp of any person engaged in manufacturing or selling quicksilver, is guilty of a felony.

See ante, §§ 349, 350.

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

See ante, §§ 349, 350.

TITLE X.

Of Crimes against the Public Health and Safety.

§ 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, etc.

§ 374. Putting dead animals in streets, rivers, etc.

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

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

§383. Disposing of tainted food, etc.

§ 384. Setting woods on fire.

§ 386.

§ 385. Obstructing attempts to extinguish fires.
Maintaining bridge or ferry without authority.
Violating condition of undertaking to keep ferry.
Riding or driving faster than a walk on toll-bridges.

§ 387.

§ 388.

§ 389. Crossing toll-bridges, etc., without paying toll.

§ 390.

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

$ 391. Intoxication of engineers, conductors, or drivers of locomotives or cars.

§ 392.

Placing passenger cars in front of freight cars.

§ 393. Violation of duty by employés of railroad companies.

§ 394.

Exposing person infected with any contagious disease in a public place.

$395. Frauds practiced to affect the market price.

§ 396. Racing upon highways.

§ 397. Selling liquor to Indians.

$398. Selling fire-arms and ammunition to Indians. $399. Death from mischievous animals.

$ 400. Aiding or encouraging suicide a felony.

§ 400. Exhibiting deformities of person.

§ 400. Using or exposing animal with glanders.
§ 401. Animal having glanders to be killed.
§ 401. Adulterating candy.

368. 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 mo:e then ten years. Negligence.-Carelessness is criminal, and within limits supplies the place of direct criminal intent-Auth. 208; 6 B. Mon. 1. And an act of omission as well as an act of commission may be criminal-2 Blatchf. 528; 5 McLean, 242. So where an engineer left his engine in charge of an incompetent person, and death ensued, he was guilty of manslaughter-4 Cox C. C. 449; S. C. 3 Car. & K. 123: or the officer of a steamboat through whose negligence an explosion takes place which destroys life-5 McLean, 242; or engineers and other officers generally, if injury ensues, as a regular and usual consequence, from their omission-2 Car. & K. 368; 3 id. 123; 4 Cox C. C. 449.

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. Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the Comfortable enjoyment of life or property, by an entire community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, PEN. CODE.-14.