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.

§ 368.

TITLE X.

Crimes against the Public Health and Safety.

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

$ 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[Repealed.]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.

§ 377.

§ 377a.

Violation of quarantine laws by master of vessel.

Willful violation of health laws.

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 pollu

tion 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.

§ 386. $387. $388.

§ 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. § 389. Crossing bridge, etc., without paying toll.

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

Intoxication of engineers, conductors, or drivers of locomotives

or cars.

§ 391.

§ 392.

Placing passenger-cars in front of freight-cars.

§ 393.

§ 394.

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

§ 395.

Frauds practiced to affect the market price.

§ 396.

Racing upon highways.

§ 397.

Sale of liquor to habitual drunkards or Indians forbidden.

use

§ 397a. Furnishing liquor to persons addicted to inordinate thereof. [Unconstitutional addition.]

§ 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.

Selling firearms and ammunition to Indians. [Repealed.]

§ 399. Death from mischievous animals.

$400.

§ 401.

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.

§ 368a. Hatch-tender for ships of fifty tons capacity. Penalty. Any person, firm or corporation engaged in the business of loading or unloading ships or vessels, or who contracts to load or unload a ship or vessel, or who shall be in charge of a ship or vessel while the same is being loaded or unloaded, or who is authorized to load or unload any ship or vessel, having a carrying capacity of fifty tons or greater, shall employ and supply upon every ship or vessel while being loaded or unloaded, a person over the age of twenty-one years to act as signalman or hatch-tender whose sole duty it shall be to observe the operations of loading or unloading of each working hatch on such ship or vessel, and to warn all persons engaged in the operation of loading or unloading of any possibility of any injury to any of the articles of which the cargo is composed, or of danger to any person engaged or being in or about the said ship or vessel while the same is being loaded or unloaded as aforesaid. Any person, firm, or corporation violating the provisions of this act is guilty of a misdemeanor.

Legislation § 368a. Added by Stats. 1913, p. 543.

§ 369. Death from collision on railroads. 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.

Legislation § 369. Enacted February 14, 1872.

§ 369a. Street cars and dummies to be supplied with proper brakes and fenders. Any person, company, or corporation, operating cars on the streets of cities or towns, or on the county roads within the state, for the conveyance of passengers, propelled by means of wire ropes attached to stationary engines, or by electricity or compressed air, who runs, operates, or uses any car or dummy, unless each car and dummy, while in use, is fitted with a brake capable of bringing such car to a stop within a reasonable distance, and a suitable fender, or appliance placed in front or attached to the trucks of such dummy or car, for the purpose of removing and clearing obstructions from the track, and preventing any obstacles, obstructions, or person on the track from getting under such dummy or car, and removing the same out of danger, and out of the way of such dummy or

car, is guilty of a misdemeanor. Where the board of supervisors of any county, or the city council or other governing body of any city, by ordinance, order, or resolution, prescribes the fender or brake to be used as aforesaid, then a compliance with such ordinance, order, or resolution must be deemed a full compliance with the provisions of this section.

Legislation § 360a. 1. Addition by Stats. 1901, p. 454; unconstitutional. See note, § 5, ante.

2. Added by Stats. 1905, p. 766; the code commissioner saying, "This is a codification of the statute of 1899, p. 183."

§ 369b. Railroad companies transporting cattle, etc., confined in cars longer than a certain time without unloading and feeding. Charges a lien upon animals. Any officer, agent or conductor of any company or person operating any railroad in this state, who in carrying and transporting cattle, sheep, or swine in car-load lots, confines the same in cars for a longer period than thirty-six consecutive hours, without unloading for rest, water and feeding, for a period of at least ten consecutive hours, is guilty of a misdemeanor. In estimating such time of confinement, the period during which the animals have been confined without such rest on connecting roads from which they are received, must be computed. In case the owner or person in charge of such animals refuses or neglects to pay for the care and feed of animals so rested, the company or person operating such railroad may charge the expense thereof to the owner or consignee and retain a lien upon the animals therefor until the same is paid.

Legislation § 369b. 1. Addition by Stats. 1901, p. 455; unconstitutional. See note, § 5, ante.

2. Added by Stats. 1905, p. 672; the code commissioner saying, "This is a codification of § 2 of chapter 3 of the statute of 1877-78, p. 969."

§ 369c. Obstructing highways by train of cars.

Legislation § 369c. Addition by Stats. 1901, p. 455, and was designed to prohibit the obstruction of highways by freight trains; unconstitutional. See note, § 5, ante.

$369d. Closing of gates at railroad crossings. Any person who enters upon or crosses any railroad, at any private passway, which is inclosed by bars or gates, and neglects to leave the same securely closed after him, is guilty of a misdemeanor.

Legislation § 369d. 1. Addition by Stats. 1901, p. 455; unconsti tutional. See note, § 5, ante.

2. Added by Stats. 1905, p. 766; the code commissioner saying in his note to §§ 369d, 369e, 369f, “Codification of §§ 4, 5, and 6 of chapter 3 of the statute of 1877-78, p. 969."