such city or town, or city and county is situate, shall be guilty of a misdemeanor.

Legislation § 297. Added by Code Amdts. 1873-74, p. 458.

CHAPTER VII.

Crimes Against Religion and Conscience, and Other Offenses against Good Morals.

§ 299. Barbarous and noisy amusements, and theaters where liquors are sold, prohibited on Sunday. [Repealed.] Keeping open places of business on Sunday. [Repealed.] Limitation on operation of preceding section.

$300.

§ 301.

§ 302. Disturbing religious meetings.

§ 303.

[Repealed.]

Sale of liquors at theaters, and employing women to sell liquors thereat. [Repealed.]

$304. Selling liquors at camp-meeting.

§305.

Limitation of preceding section.

$306. Females exhibited in public places. [Repealed.]

§ 307. Keeping or resorting to place where opium is used.

$308. Selling tobacco to minors. Dealers to post copy of act.

§ 308a. No section of this number.

§ 308b. Supplemental books, purchase of.

$309. To prevent admission of minors to houses of prostitution. § 310. Advertisements, etc., on flag prohibited. Penalty. Excep tions.

§ 3104. Barber-shops and bath-houses must not be conducted after twelve m. on Sundays. [Repealed.]

§ 299. Barbarous and noisy amusements, and theaters where liquors are sold, prohibited on Sunday. [Repealed 1883; Stats. 1883, p. 1.]

Legislation § 299. 1. Enacted February 14, 1872.

2. Repealed by Stats. 1883, p. 1.

§ 300. Keeping open places of business on Sunday. [Repealed 1883; Stats. 1883, p. 1.]

Legislation § 300. 1. Enacted February 14, 1872.

2. Repealed by Stats. 1883, p. 1.

§ 301. Limitation on operation of preceding section. [Repealed 1883; Stats. 1883, p. 1.]

Act providing day of rest from labor: See post, Appendix, tit. "Sundays."

Act providing for day or rest in bakeries: See post, Appendix, tit. "Sundays."

Legislation § 301. 1. Enacted February 14, 1872.

2. Amended by Code Amdts. 1880, p. 38.

3. Repealed by Stats. 1883, p. 1.

$ 302. Disturbing religious meetings. Every person who willfully disturbs or disquiets any assemblage of people met for religious worship, by profane discourse, rude or indecent behavior, or by any unnecessary noise, either within the place where such meeting is held, or so near it as to disturb the order and solemnity of the meeting, is guilty of a mis

demeanor. [Amendment approved 1905; Stats. 1905, p. 657.]

Legislation § 302. 1. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 243, § 117; Tenn. Code, §§ 48, 52. 2. Amendment by Stats. 1901, p. 451; unconstitutional. See note, § 5, ante.

3. Amended by Stats. 1905, p. 657; the code commissioner saying, "The change consists in the omission of the word 'noise' before the word 'profane,' it being manifestly an error in the statute, as it occurs later in the section with a qualification."

§ 303. Sale of liquors at theaters, and employing women to sell liquors thereat. [Repealed 1905; Stats. 1905, p. 657.] Legislation § 303. 1. Enacted February 14, 1872.

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

ante.

3. Repealed by Stats. 1905, p. 657; the code commissioner saying, "The section is in conflict with § 18 of article xx of the constitution, which provides that 'no person shall, on account of sex, be disquali fied from entering upon or pursuing any lawful business, vocation, or profession' (Ex parte Maguire, 57 Cal. 604), and is, therefore, repealed."

§ 304. Selling liquors at camp-meeting. Every person who erects or keeps a booth, tent, stall, or other contrivance for the purpose of selling or otherwise disposing of any wine, or spirituous, or intoxicating liquors, or any drink of to purchase any supplementary book or books for said pupil's use in the schools, or who refuses or willfully negleets to make such reports as are required by law, is guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not more than one hundred dollars.

Legislation § 308b. Added by Stats. 1909, p. 403.

§ 309. To prevent admission of minors to houses of prostitution. Any proprietor, keeper, manager, conductor, or person having the control of any house of prostitution, or any house or room resorted to for the purpose of prostitution, who shall admit or keep any minor of either sex therein; or any parent or guardian of any such minor, who shall admit or keep such minor, or sanction, or connive at the admission or keeping thereof, into, or in any such house, or room, shall be guilty of a misdemeanor.

Punishment for using child for immoral purposes: See ante, §§ 272 et seq.

Prohibiting child from entering saloon, begging, etc.: See ante, §§ 272 et seq.

Legislation § 309. Added by Code Amdts. 1880, p. 36.

§ 310. Advertisements, etc., on flag prohibited. Penalty. Exceptions. That any person, firm or corporation, who, in any manner, for exhibition or display, puts, places, or causes

5. Repealed by Stats. 1905, p. 658; the code commissioner saying, "This section is explicitly held to be in conflict with § 18 of article xx of the constitution in Ex parte Maguire, 57 Cal. 604, 609, and is, therefore, repealed."

§ 307. Keeping or resorting to place where opium is used. Every person who opens or maintains, to be resorted to by other persons, any place where opium, or any of its preparawho displays or exhibits, or causes to be luspraych place: hibited, any flag, of the United States or ensign purporting to be such flag, upon which is put, attached, annexed, affixed or placed in any manner, any inscription, picture, design, device, symbol, name, advertisement, word, letter, mark or notice whatsoever, or who mutilates, tramples upon, or otherwise defaces or defiles any such flag, said flag, be public or private property, or who places or causes to be placed on any manufactured or prepared article or covering of said article, such flag, or indication of such flag, or who uses or causes to be used for purposes of a commercial or other trade-mark, such flag, or indication of such flag, shall be fined not more than two hundred dollars or imprisoned not more than one year, or both, for each and every offense, in the county jail of the county in which the trial is held; provided however, that flags, or ensigns, the property of and used in the service of the United States, or any state, territory or District of Columbia, may have inscriptions, names of actions, battles, skirmishes, or words, marks or symbols, which are placed, thereon pursuant to law or authorized regulations; provided further, that this act shall not apply. to banners or flags carried by military or patriotic organizations existing under the laws of the state of California and the United States of America, or to flags used in theatrical performances, or to flags carried by political parties, or organizations, in parades, or in public meetings.

Legislation § 310. Added by Stats. 1909, p. 401. The code commissioners, in 1901, made an addition of a section numbered 653d (Stats. 1901, p. 479), reading, "653d. Any person who desecrates the flag of the United States, by printing thereon or attaching thereto any advertisement of any nature whatsoever, is guilty of a misdemeanor"; unconstitutional. See note, § 5, ante.

§ 31012. Barber-shops and bath-houses must not be conducted after twelve m. on Sundays. [Repealed 1905; Stats. 1905, p. 658.]

Legislation § 3102. 1. Added by Stats. 1895, p. 246.

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

3. Repealed by Stats. 1905, p. 658; the code commissioner saying, "This section was explicitly held to be unconstitutional in Ex parte Jentzsck, 112 Cal. 468, and is, therefore, repealed."

CHAPTER VIII.

Indecent Exposure, Obscene Exhibitions, Books and Prints, and Bawdy and Other Disorderly Houses.

§311. Indecent exposures, exhibitions, and pictures.

§ 312. Seizure of indecent articles authorized.

$313.

Their character to be summarily determined.

§ 314. Their destruction.

$315. Keeping or residing in house of ill-fame. Proof. $316. Keeping disorderly houses.

§ 317. Advertising to produce miscarriage.

§ 318. Prevailing upon any person to visit a place kept for gambling or prostitution a misdemeanor.

§ 311. Indecent exposures, exhibitions, and pictures. Every person who willfully and lewdly, either:

One. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or,

Two. Procures, counsels, or assists any person so to expose himself, or to take part in any model artist exhibition, or to make any other exhibition of himself to public view, or to the view of any number of persons, such as is offensive to decency, or is adopted to excite to vicious or lewd thoughts or acts; or,

Three. Writes, composes, stereotypes, prints, publishes, sells, distributes, keeps for sale, or exhibits any obscene or indecent writing, paper, or book; or designs, copies, draws, engraves, paints, or otherwise prepares any obscene or indecent picture or print; or molds, cuts, casts, or otherwise makes any obscene or indecent figure; or,

Four. Writes, composes, or publishes any notice or advertisement of any such writing, paper, book, picture, print, or figure; or,

Five. Sings any lewd or obscene song, ballad, or other words, in any public place, or in any place where there are persons present to be annoyed thereby;

-Is guilty of a misdemeanor. [Amendment approved 1874; Code Amdts. 1873-74, p. 429.]

Legislation § 311. 1. Enacted February 14, 1872; almost identical with Field's Draft, § 363, N. Y. Pen. Code, §§ 316, 317. The code commissioners say: "This and the three succeeding sections are based upon an act relative to obscene and lewd publications (Stats. 1859, p. 297), and an act relative to injurious publications (Stats. 1858, p. 204), extended to embrace cases not included within those acts, but which deserve light punishments, and follow the language of the New York Penal Code, [Field's Draft,] §§ 363, 365, 366."

2. Amended by Code Amdts. 1873-74, p. 429, in subd. 4, omitting, before "or," at end of subdivision, "or any notice or advertisement for producing or facilitating a miscarriage."

§ 312. Seizure of indecent articles authorized. Every person who is authorized or enjoined to arrest any person for a violation of subdivision three of the last section, is equally authorized and enjoined to seize any obscene or indecent writing, paper, book, picture, print, or figure found in possession or under the control of the person so arrested, and to deliver the same to the magistrate before whom the person so arrested is required to be taken.

Legislation § 312. Enacted February 14, 1872; identical with Field's Draft, § 364. See ante, Legislation § 311, for code commissioners' note.

§ 313. Their character to be summarily determined. The magistrate to whom any obscene or indecent writing, paper, book, picture, print, or figure is delivered, pursuant to the foregoing section, must, upon the examination of the accused, or, if the examination is delayed or prevented, without awaiting such examination, determine the character of such writing, paper, book, picture, print, or figure, and if he finds it to be obscene or indecent, he must deliver one copy to the district attorney of the county in which the accused is liable to indictment or trial, and must at once destroy all the other copies.

Legislation § 313. Enacted February 14, 1872; the language employed being almost that of part of Field's Draft, § 365. See ante, Legislation § 311, for code commissioners' note.

§ 314. Their destruction. Upon the conviction of the accused, such district attorney must cause any writing, paper, book, picture, print, or figure, in respect whereof the accused stands convicted, and which remains in the possession or under the control of such district attorney, to be destroyed.

Legislation § 314. 1. Enacted February 14, 1872; almost identical with Field's Draft, § 366. See ante, Legislation § 311, for code commissioners' note.

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

§ 315. Keeping or residing in house of ill-fame. Proof. Every person who keeps a house of ill-fame in this state, resorted to for the purposes of prostitution or lewdness, or who willfully resides in such house, is guilty of a misdemeanor; and in all prosecutions for keeping or resorting to such a house common repute may be received as competent evidence of the character of the house, the purpose for which it is kept or used, and the character of the women inhabiting or resorting to it. [Amendment approved 1905; Stats. 1905, p. 668.]

Living in or keeping house of ill-fame: See post, § 647.