at Davis, or within one and one-half miles of the lands occupied by any home, retreat, or asylum for disabled volunteer soldiers or sailors, established or to be established by this state, or by the United States within this state, or within the state capitol, or within the limits of the grounds adjacent and belonging thereto, sells, gives away, or exposes for sale, any intoxicating, vinous or alcoholic liquors, is guilty of a misdemeanor. [Amendment approved March 23, 1911; Stats. 1911, p. 452. In effect September 1, 1911.]

Citations. App. 8/615, 616; 13/51; (subd. 2) 18/577. § 197.

Citations. App. 8/605; 18/103, 659; (subd. 3) 13/352.

§ 241. An assault is punishable by fine not exceeding five hundred dollars or by imprisonment in the county jail not exceeding six months, or by both. [Amendment approved April 6, 1911; Stats. 1911, p. 687.]

§ 245.

Citations. Cal. 156/745. App. 10/461, 462; 11/578.

§ 246.

Citations. Cal. 155/168, 169, 176; 156/736, 787, 738.

§ 261.

Citations. App. 9/133, 318; 10/14, 16.

§ 262.

Citations. App. 11/573.

§ 263.

Citations. App. 9/133.

§ 266g.

Citations. App. 14/336, 888.

§ 267.

Citations. App. 11/763.

Adultery.

§ 269a. Every person who lives in a state of cohabitation and adultery is guilty of a misdemeanor and punishable by a fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding one year, or by both. [Amendment approved March 21, 1911; Stats.

1911, p. 426.]

Citations. App. 8/350.

Adultery of Married Persons.

§ 269b. If two persons, each being married to another, live together in a state of cohabitation and adultery, each is guilty of a felony, and punishable by imprisonment in the state prison not exceeding five years. A recorded certificate of marriage or a certified copy thereof, there being no decree of divorce, proves the marriage of a person for the purpose of this action. [Amendment approved March 21, 1911; Stats. 1911, p. 426.]

Fine may be paid to wife of defendant.

§ 270d. In any case where there is a conviction and sentence under the provisions of either section 270 or section 270a, of this code, should a fine be imposed, such fine may be directed by the court to be paid in whole or in part to the wife of the defendant or guardian or custodian of the child or children of such defendant. [New section approved April 6, 1911; Stats. 1911, p. 687.]

Proof of marriage, etc. Confidential communications. Proof of abandonment.

§ 270e. No other evidence shall be required to prove marriage of husband and wife, or that a person is the lawful father or mother of a

child or children, than is or shall be required to prove such facts in a civil action. In all prosecutions under either section 270 or 270a of this code any existing provisions of law prohibiting the disclosure of confidential communications between husband and wife shall not apply, and both husband and wife shall be competent to testify to any and all relevant matters, including the fact of marriage and the parentage of a child or children. Proof of the abandonment and nonsupport of a wife, or of the omission to furnish necessary food, clothing, shelter, or of medical attendance for a child or children is prima facie evidence that such abandonment and nonsupport or omission to furnish necessary food, clothing, shelter or medical attendance is willful. [New section approved April 6, 1911; Stats. 1911, p. 688.]

Person convicted may be compelled to work on roads. Payment made to wife, etc.

§ 273h. In all prosecutions under the provisions of either section 270 or section 270a, or section 270b, or section 271, or section 271a of this code where a conviction is had and sentence of imprisonment in the county jail is imposed, the court may direct that the person so convicted shall be compelled to work upon the public roads or highways, or any other public work, in the county where such conviction is had, during the term of such sentence. And it shall be the duty of the board of supervisors of the county where such conviction and sentence are had, and where such work is performed by a person under sentence to the county jail, to allow and order the payment out of any fund available to the wife, or to the guardian, or to the custodian of a child or children, or to an organization, or to an individual appointed by the court as trustee, at the end of each calendar month, for the support of such wife, child or children, a sum not to exceed one and fifty onehundredths dollars for each day's work of such person. [New section approved April 6, 1911; Stats. 1911, p. 688.]

§ 274.

Citations. App. 8/615.

§ 288.

Citations. App. 8/742, 746; 9/239, 240; 18/300; 14/547. § 307.

Citations. App. 8/303; 9/77.

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

§ 308. Every person, firm or corporation which sells or gives or in any way furnishes to another person who is in fact under the age of eighteen years any tobacco, cigarette or cigarette papers or any other preparation of tobacco is guilty of a misdemeanor, and upon conviction thereof shall be punished for the first offense by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprison

ment for not more than sixty days; and for the second offense by a fine of not less than fifty dollars nor more than two hundred dollars, or by imprisonment for not more than ninety days; and for each subsequent offense by a fine of not less than one hundred dollars and not more than three hundred dollars, or by imprisonment for not less than ninety days nor more than six months, or by both such fine and imprisonment. Every person, firm or corporation which sells, or deals in tobacco or any preparation thereof, shall, within ninety days after this act becomes effective, post conspicuously and keep so posted in his or their place of business a copy of this act, and any such person failing to do so shall upon conviction be punished by a fine of five dollars for the first offense and twenty-five dollars for each succeeding violation of this provision, or by imprisonment for not more than thirty days.

The secretary of state is hereby authorized to have printed sufficient copies of this act to enable him to furnish dealers in tobacco with copies thereof upon their request for the same. [Amendment approved March 24, 1911; Stats. 1911, p. 481.]

§ 316.

Citations. App. 9/779.

§ 330.

Citations. App. 8/305.

Gambling by use of slot machines prohibited. Dice having more than six faces.

§ 330a. Every person, who has in his possession or under his control, either as owner, lessee, agent, employee, mortgagee, or otherwise, or who permits to be placed, maintained or kept, in any room, space, inclosure or building owned, leased or occupied by him, or under his management or control, any slot or card machine, contrivance, appliance or mechanical device, upon the result of action of which money or other valuable thing is staked or hazarded, and which is operated, or played, by placing or depositing therein any coins, checks, slugs, balls, or other articles or device, or in any other manner and by means whereof, or as a result of the operation of which any merchandise, money, representative or articles of value, checks, or tokens, redeemable in, or exchangeable for money or any other thing of value, is won or lost, or taken from or obtained from such machine, when the result of action or operation of such machine, contrivance, appliance, or mechanical device is dependent upon hazard or chance, and every person, who has in his possession or under his control, either as owner, lessee, agent, employee, mortgagee, or otherwise, or who permits to be placed, maintained or kept, in any room, space, inclosure or building, owned, leased or occupied by him, or under his management or control, any card dice, or any dice having more than six faces or bases each, upon the result of action of which any money or other valuable thing is staked or hazarded, or as a result of the oper

ation of which any merchandise, money, representative or article of value, check or token, redeemable in or exchangeable for money or any other thing of value, is won or lost or taken, when the result of action or operation of such dice is dependent upon hazard or chance, is guilty of a misdemeanor, and shall be punishable by a fine not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. [New section approved April 21, 1911; Stats. 1911, p. 951.]

§ 332.

Citations. App. 13/709.

Pool-selling, bookmaking, bets and wagers. § 337a. Every person,

1. Who engages in pool-selling or bookmaking, with or without writing, at any time or place; or

2. Who, whether for gain, hire, reward, or gratuitously, or otherwise, keeps or occupies, for any period of time whatsoever, any room, shed, tenement, tent, booth, building, float, vessel, place, stand or inclosure, of any kind, or any part thereof, with a book or books, paper or papers, apparatus, device or paraphernalia, for the purpose of recording or registering any bet or bets, or any purported bet or bets, or wager or wagers, or any purported wager or wagers, or of selling pools, or purported pools, 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, or upon the result, or purported result, of any lot, chance, casualty, unknown or contingent event whatsoever; or

3. Who, whether for gain, hire, reward, or gratuitously, or otherwise, receives, holds, or forwards, or purports or pretends to receive, hold, or forward, in any manner whatsoever, any money, thing or consideration of value, or the equivalent or memorandum thereof, staked, pledged, bet or wagered, or to be staked, pledged, bet or wagered, or offered for the purpose of being staked, pledged, bet or wagered, 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, or upon the result, or purported result, of any lot, chance, casualty, unknown or contingent event whatsoever; or

4. Who, whether for gain, hire, reward, or gratuitously, or otherwise, at any time or place, records, or registers any bet or bets, 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, or upon the result, or purported result, of any lot, chance, casualty, unknown or contingent event whatsoever; or