ing any lottery, or for the purpose of selling or disposing of lottery tickets, is guilty of a misdemeanor. NOTE.-See note to Sec. 319, ante. It was held that injunction lies to restrain and enjoin disposition of prizes pending suits therefor in Justices' Courts, in People vs. Kent, 6 Cal., p. 89.-See Sec. 2532, Civil Code Cal. Gaming prohibited. Penalty. CHAPTER X. GAMING. SECTION 330. Gaming prohibited. Penalty. 331. Permitting gambling in houses owned or rented. 332. Winning at play by fraudulent means. 333. Witnesses neglecting or refusing to attend trial. 335. Duties of District Attorneys, Sheriffs, and others. 330. Every person who deals, plays, or carries on, opens or causes to be opened, or who conducts, either as owner or employé, whether for hire or not, any game of faro, monté, roulette, lansquenet, rouge et noire, rondo, or any banking game played with cards, dice, or any other device, for money, checks, credit, or any other representative of value, is punishable by fine of not less than two hundred nor more than one thousand dollars, and shall be imprisoned in the County Jail until such fine and costs of prosecution are paid, such imprisonment not to exceed one year. NOTE.-Stats. of 1863, p. 723, Sec. 1; People vs. Saviers, 14 Cal., p. 29. The Act of 1857, to prohibit gaming, declared constitutional in People vs. Beatty, 14 Cal., p. 566.-See People vs. Markham, 7 Cal., p. 208. Licensing gambling did not make a gambling debt recoverable at law. Bryant vs. Mead, 1 Cal., p. 441; and Carrier vs. Brannan, 3 Cal., p. 328. Without a license gaming was a violation of the then law.-People vs. Raynes, 3 Cal., p. 366. Gambling debt or money lost cannot be recovered at law.-Gahan vs. Neville, 2 Cal., p. 81. gambling owned or rented. 331. Every person who knowingly permits any of Permitting the games mentioned in the preceding section to be in houses played, conducted, or dealt in any house owned or rented by such person, in whole or in part, is punishable as provided in the preceding section. NOTE.-Stats. 1860, p. 69, Sec. 4. Under a former Act the owner of a house used for gaming purposes was not liable for fine imposed for gaming; owner, however, liable where gaming is done with his knowledge, both under the former Act and the text.-People vs. Markham, 7 Cal., p. 208. The former Act of 1857 is not materially different from the text or the Act of 1860. at play by fraudulent means. 332. Every person who, by any fraud, cheat, or Winning device, or false pretense whatsoever, while playing at any game of chance, or while bearing any share in wagers played for, or while betting on sides or hands of such play, wins or acquires to himself or another any sum of money or valuable thing, is guilty of a misdemeanor. NOT. This section is similar to Sec. 388 of New neglecting or refusing 333. Every person duly summoned as a witness Witnesses for the prosecution, on any proceedings had under this Chapter, who neglects or refuses to attend, as required, is guilty of a misdemeanor. to attend trial. privilege. 334. No person, otherwise competent as a witness, Witness" is disqualified from testifying as such concerning the offense of gaming, on the ground that such testimony may criminate himself; but no prosecution can afterwards be had against him for any offense concerning which he testified. NOTE.-Stats. 1860, p. 69, Sec. 2. Duties of Attorneys, 335. Every District Attorney, Sheriff, Constable, or police officer must inform against and diligently and others. prosecute persons whom they have reasonable cause to Sheriffs, Pawnbroking without license. Failing to keep a register. believe offenders against the provisions of this Chapter, and every such officer refusing or neglecting so to do, is guilty of a misdemeanor. NOTE.-Stats. 1863, p. 723, Sec. 1. This Chapter is founded on the statute of 1860, p. 69, and the statute of 1863, p. 723. The language has been modified. 336; new Sec. 1874 CHAPTER XI. PAWNBROKERS. SECTION 338. Pawnbroking without license. 340. Charging unlawful rate of interest. 341. Selling before time of redemption has expired, or with out notice. 342. Refusing to disclose particulars of sale. 343. Refusing to allow an officer with search warrant to inspect register of pledged articles. 338. Every person who carries on the business of a pawnbroker, by receiving goods in pledge for loans at any rate of interest above the rate of ten per cent per annum, except by authority of a license, is guilty of a misdemeanor. NOTE.-Limiting the interest which may be charged by pawnbrokers is not repugnant to Sec. 2, Art. I, State Const. Jackson vs. Shawl, 29 Cal., p. 267; see Act of 1871-2, p. 684. Receiving in pledge articles from persons under the age of sixteen years inserted as Sec. 501, post; see Civil Code Cal., Secs. 2986-3011, and notes. in 339. Every person who carries on the business of a pawnbroker, who fails at the time of the transaction to enter in a register kept by him for that purpose, the English language, the date, duration, amount, and rate of interest of every loan made by him, or an accurate description of the property pledged, or the name and residence of the pledgor, or to deliver to the pledgor a written copy of such entry, or to keep an account in writing of all sales made by him, is guilty of a misde meanor. unlawful interest. 340. Every pawnbroker who charges or receives Charging interest at the rate of more than four per cent per rate of month, or who, by charging commissions, discount, storage, or other charge, or by compounding increases or attempts to increase such interest, is guilty of a misdemeanor. before time of expired, redemption has or without notice. 341. Every pawnbroker who sells any article Selling pledged to him and unredeemed, until it has remained in his possession six months after the last day fixed by contract for redemption, or who makes any sale without publishing in a newspaper printed in the city, town, or county, at least five days before such sale, a notice containing a list of the articles to be sold, and specifying the time and place of sale, is guilty of a misdemeanor. to disclose of sale. 342. Every pawnbroker who willfully refuses to Refusing disclose to the pledgor or his agent the name of the particulars purchaser and the price received by him for any article received by him in pledge and subsequently sold, or who, after deducting from the proceeds of any sale the amount of the loan and interest due thereon, and four per cent on the loan for expenses of sale, refuses, on demand, to pay the balance to the pledgor or his agent, is guilty of a misdemeanor. to allow an officer warrant register of with search to inspect 343. Every pawnbroker who fails, refuses, or neg- Refusing lects to produce for inspection his register, or to exhibit all articles received by him in pledge, or his account of sales, to any officer holding a warrant authorizing him to search for personal property, or the order of a committing magistrate directing such officer to inspect articles. such register, or examine such articles or account of sales, is guilty of a misdemeanor. NOTE. The six preceding sections are based on the provisions of the Act of April 17th, 1861, relating to pawnbrokers. (Stats. 1861, p. 184.) Secs. 339, 342, 343 are applicable to junk dealers. See Sec. 502, post. CHAPTER XII. OTHER INJURIES TO PERSONS. SECTION 346. Acts of intoxicated physicians. Acts of 346. intoxicated 347. Willfully poisoning food, medicine, or water. 348. Mismanagement of steamboats. 349. Mismanagement of steam boilers. 350. Counterfeiting trade marks. 351. Selling goods which bear counterfeit trade marks. 352. Definition of the phrase "counterfeited trade marks," etc. 353. "Trade mark" defined. 354. Refilling casks, etc., bearing trade mark. 355. Defacing marks upon wrecked property and destroying bills of lading. 356. Defacing marks upon logs, lumber, or wood. 357. Altering brands. 358. Frauds in affairs of special partnership. 359. Contracting or solemnizing incestuous or forbidden marriages. 360. Making false return or record of marriage. 361. Cruel treatment of lunatics, etc. 362. Refusing to issue or obey writ of habeas corpus. 363. Reconfining persons discharged upon writ of habeas corpus. 364. Concealing persons entitled to benefit of habeas corpus. 365. Innkeepers and carriers refusing to receive guests and passengers. 366. Counterfeiting quicksilver stamps. 367. Selling debased quicksilver. Every physician who, in a state of intoxica physicians. tion, does any act as such physician to another person by which the life of such other person is endangered, is guilty of a misdemeanor. NOTE.-Intoxication has been carefully considered by the Sup. Court of Cal. in connection with the com |