section. § 301. Limitation on operation of preceding (Repealed.) En. February 14, 1872. Am'd. 1880, 38. Rep. 1883, 1. Cal. Rep. Cit. 59, 12; 60, 188; 60, 189; 60, 190; 60, 191; 60, 192; 60, 193; 60, 198; 60, 201; 60, 205. The section read as follows: "Sec. 301. The provisions of the preceding section do not apply to persons who, on Sunday, keep open hotels, boarding-houses, barber-shops, baths, markets, restaurants, taverns, livery-stables, or retail drug stores, for the legitimate business of each, or such manufacturing establishments as are usually kept in continued operation." Act providing day of rest from labor: See post, Appendix, title Sundays. Act providing for day of rest in bakeries: See post, Appendix, title Sundays. § 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 misdemeanor. En. February 14, 1872. Am'd. 1905, 657. 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.-Code Commissioner's Note. Cal. Rep. Cit. 60, 195; 60, 198. § 303. Sale of liquors at theaters, and employing women to sell liquors thereat. En. February 14, 1872. Rep. 1905, 657. The section is in conflict with section 18 of Article XX of the Constitution, which provides that "no person shall, on account of sex, be disqualified from entering upon or pursuing any lawful business, vocation or profession." (See Ex parte Maguire, 57 Cal, 604.)-Code Commissioner's Note. See Const. Cal., sec. 18, art. XX. Sale of liquors to minors: Act of 1872, Appendix, title Intoxicating Liquors. Intoxication of officers: Act of 1880, Appendix, title Officers. Pen. Code-9 Special acts. Sale of liquors on election days. Act in effect March 7, 1874; Stats. 1873-4, 297: See post, Appendix, title Intoxicating Liquors. Sale of liquors at state capitol, act in effect April 16, 1880; Stats. 1880, 273: See post, Appendix, title Intoxicating Liquors. § 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 which wines, spirituous, or intoxicating liquors form a part, or for selling or otherwise disposing of any article of merchandise, or who peddles, or hawks about any such drink or article, within one mile of any camp or field meeting for religious worship, during the time of holding such meeting, is punishable by fine of not less than five nor more than five hundred dollars. En. February 14, 1872. Cal. Rep. Cit. 60, 191; 60, 195. § 305. Limitation of preceding section. The provisions of the preceding section do not apply to any person carrying on a regular business in the sale of liquors or other articles, which business was established prior to the appointment of the meeting referred to in such section. February 14, 1872. En. § 306. Females exhibited in public places. En. February 14, 1872. Am'd. 1873-4, 459; 1873-4, 460. Rep. 1905, 658. This section is explicitly held to be in conflict with section 18 of Article XX of the Constitution in Ex parte Maguire, 57 Cal, 604, 609.Code Commissioner's Note. Cal. Rep. Cit. 57, 605. § 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 preparations, is sold or given away, to be smoked at such place; and any person who, at such place sells or gives away any opium, or its said preparations, to be there smoked or otherwise used; and every person who visits or resorts to any such place for the purpose of smoking opium or its said preparations, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. En. February 14, 1872. Am'd. 1873-4, 459. Rep. Stats. 1873-4, 461. En. Stats. 1881, 34. Cal. Rep. Cit. 73, 144; 73, 146; 73, 150; 73, 151; 73, 152. § 308. Selling tobacco to minors. Every person who sells, or gives, or furnishes in any way to another who is in fact under the age of sixteen years, any tobacco, or preparation of tobacco, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars; provided, however, that this section shall not be deemed to apply to articles furnished on prescriptions from physicians authorized by law to practice medicine, nor to persons who supply such articles to their own children, nor to sales made to such minors upon the written consent of the parents or guardians of such minors first obtained in writing by the vender. En. Stats. 1891, 64. Sale of liquor to minors: See post, Appendix, title Intoxicating Liquors. § 309. Admission of minor to place 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. En. Stats. 1880, 36. Act to punish using child for immoral purposes: post, Appendix, title Infancy. See Act prohibiting child entering saloon, begging, etc.: See post, Appendix, title Infancy. § 310. No section of this number. § 3102. Barber-shops open on Sunday. En. Stats. 1895, 247. Rep. 1905, 658. This section was explicitly held to be unconstitutional in Ex parte Jentzsck, 112 Cal. 468.-Code Commissioner's Note. Cal. Rep. Cit. 112, 470. CHAPTER VIII. INDECENT EXPOSURE, 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 a house of ill-fame; proof. 316. Keeping disorderly houses. 317. Advertising to produce miscarriage. 318. Enticing to place of gambling or prostitution. § 311. Indecent exposures, exhibitions, and pictures. Every person who willfully and lewdly, either: 1. 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, 2. 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 adapted to excite to vicious or lewd thoughts or acts; or, 3. Writes, composes, stereotypes, prints, publishes, sells, exhibits any obscene or distributes, keeps for sale, 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, 4. Writes, composes, or publishes any notice or advertisement of any such writing, paper, book, picture, print, or figure; or, 5. 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. En. February 14, 1872. Am'd. 1873-4, 429. § 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. En. February 14, 1872. § 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. En. February 14, 1872. § 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. En. February 14, 1872. § 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 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. En. February 14, 1872. Am'd. 1905, 668. The change consists in the addition of the matter following the semicolon. The new matter is taken from the statute of 1873-4, page 84, and makes the reputation of the house evidence of its character and of that of the women resorting to it.-Code Commissioner's Note. Cal. Rep. Cit. 88, 102; 147, 292. § 316. Keeping disorderly houses. Every person who keeps any disorderly house, or any house for the purpose of assignation or prostitution, or any house of public re |