conceals or changes the place of his confinement or restraint, or removes him without the jurisdiction of the court or judge issuing the writ, is guilty of a misdemeanor. En. February 14, 1872.

Habeas corpus: See chapter concerning the writ of: Post, secs. 1473 et seq.

§ 365. Innkeepers and carriers refusing to receive guests. Every person, and every agent or officer of any corporation, carrying on business as an innkeeper, or as a common carrier of passengers, who refuses, without just cause or excuse, to receive and entertain any guest or to receive and carry any passenger, is guilty of a misdemeanor. En. February 14, 1872.

Common carriers of passengers: Civ. Code, secs. 21682176, 2180-2191.

Innkeepers: Civ. Code, secs. 1859 et seq.

Act punishing refusal to sell ticket: See post, Appendix, title Emigration.

§ 366. Counterfeiting quicksilver stamps. Every person who counterfeits, or who willfully uses the counterfeit seal or stamp of any person engaged in manufacturing or selling quicksilver, is guilty of a felony. En. February 14, 1872.

See ante, secs. 349, 350.

§ 367. Selling debased quicksilver. Every person who willfully sells, or offers for sale as pure, any debased or adulterated quicksilver, is guilty of a misdemeanor. En. February 14, 1872.

See ante, secs. 350 et seq.

§ 372.

§ 373.

Maintaining a nuisance, a misdemeanor.

Establishing or keeping pest-houses within cities, towns, etc.

§ 373a. Public nuisance; penalty.

§ 374. Putting dead animals in streets, rivers, etc.

§ 3742. Discharging coal tar or similar products in navigable

waters.

Keeping gunpowder, etc., unlawfully.

Violation of quarantine laws by masters of vessels.
Willful violation of health laws.

Neglecting to perform duties under health law.

Apothecary omitting to label drugs, or labeling them wrongfully, etc.

Putting extraneous substances in packages of goods usually sold by weight, with intent to increase weight.

§ 375.

§ 376.

§ 377.

§ 378.

§ 379.

Unlicensed piloting.

§ 380.

§ 381.

§ 381a.

§ 382.

§ 383.

§ 384.

Setting woods on fire.

§ 385.

§ 386.

§ 387.

§ 388.

§ 389.

§ 390.

Inaccurate or false tests as to dairy products, penalty.
Adulterating food, drugs, liquors, etc.

Disposing of tainted food, etc.

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.
Crossing toll-bridges, etc., without paying toll.

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

Intoxication of engineers, conductors, or drivers of loco-
motives or cars.

Placing passenger cars in front of freight cars.
Violation of duty by employees of railroad companies.

Exposing person infected with any contagious disease in a
public place.

Selling firearms and ammunition to Indians.
Death from mischievous animals.

Exhibiting deformities of person.

Aiding or encouraging suicide a felony. 402. Using or exposing animal with glanders. §4024. Adulterating candy.

§ 4022. Animal having glanders to be killed. 4024. Unsafe scaffolding, penalties for erecting.

§ 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. En. February 14, 1872.

Act to protect life and property against careless use of explosives: See post, Appendix, title Explosives.

§ 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. En. February 14, 1872.

§ 370. "Public nuisances" defined. Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, by an entire community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway is a public nuisance. En. February 14, 1872. Am'd. 1873-4, 431. Cal.Rep.Cit. 68, 413; 72, 53; 87, 92; 87, 93; 87, 96;

92, 574; 107, 481; 113, 150; 116, 399; 121, 513. Public nuisance: Compare with Civ. Code, sec. 3480.

See also, secs. 3490-3495 of that code upon this subject generally.

Nuisance defined: See Code Civ. Proc., sec. 731.

§ 371. Unequal damage. An act which affects an entire community or neighborhood, or any considerable number of persons, as specified in the last section, is not less a nuisance because the extent of the annoyance or damage inflicted upon individuals is unequal. En. February 14, 1872. Am'd. 1873-4, 432. § 372.

Every

Maintaining a nuisance, a misdemeanor. person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a misdemeanor. En. February 14, 1872.

Cal.Rep. Cit. 72, 53; 87, 92; 87, 93; 92, 574.

§ 373.

Establishing or keeping pest-houses within cities, towns, etc. Every person who establishes or keeps or causes to be established or kept, within the limits of any city, town, or village, any pest-house, hospital, or place for persons affected with contagious or infectious diseases, is guilty of a misdemeanor. En. February 14, 1872.

§ 373a. Public nuisance; penalty. Every person who maintains, permits, or allows a public nuisance to exist upon his or her property or premises, and every person Occupying or leasing the property or premises of another who maintains, permits or allows a public nuisance to exist thereon, after reasonable notice in writing from a health officer or district attorney to remove, discontinue or abate the same has been served upon such person, is guilty of a misdemeanor, and shall be punished accordingly; and the existence of such nuisance for each and every day after the service of such notice shall be deemed a separate and distinct offense, and it is hereby made the duty of the district attorney to prosecute all persons guilty of violat

ing this section by continuous prosecutions until the nuisance is abated and removed. En. Stats. 1903, 163.

§ 374. Putting dead animals in streets, rivers, etc. Every person who puts the carcass of any dead animal, or the offal from any slaughter pen, corral, or butcher-shop, into any river, creek, pond, reservoir, stream, street, alley, public highway, or road in common use, or who attempts to destroy the same by fire within one-fourth of a mile of any city, town or village, except it be in a cemetery, the construction and operation of which is satisfactory to the board of health in such city, town or village; and any person who puts any water-closet or privy, or the carcass of any dead animal, or any offal of any kind, in or upon the borders of any stream, pond, lake, or reservoir, from which water is drawn for the supply of the inhabitants of any city, city and county, or any town in this state, so that the drainage from such water-closet, privy, carcass, or offal may be taken up by or in such stream, pond, lake, or reservoir; or who allows any water-closet, or privy, or carcass of any dead animal, or any offal of any kind to remain in or upon the borders of any such stream, pond, lake, or reservoir within the boundaries of any land owned or occupied by him, so that the drainage from such water-closet, privy, carcass, or offal may be taken up by or in such stream, pond, lake or reservoir; or who keeps any horses, mules, cattle, swine, sheep, or five-stock of any kind, penned, corralled, or housed on, over, or on the borders of any such stream, pond, lake, or reservoir, so that the waters thereof shall become polluted by reason thereof; or who bathes in any such stream, pond, lake, or reservoir; or who by any other means fouls or pollutes the waters of any such stream, pond, lake or reservoir, is guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section three hundred and seventy-seven of this code. En. February 14, 1872. Am'd. 1875-6, 111; 1893,-66.

Cal.Rep.Cit. 105, 637; 107, 226; 115, 450; 115, 451; 136, 16.