Disposing of tainted food, &c. Making or keeping slung shot. Carrying upon the person, or using or ous or malt liquor, or wine, or any article useful in compounding either of them, whether one useful for mankind or for animals, with a fraudulent intent to offer the same, or cause or permit it to be offered for sale as unadulterated or undiluted; and every person who fraudulently sells, or keeps or offers for sale the same as unadulterated or undiluted, knowing it to have been adulterated or diluted, is guilty of a misdemeanor. S 452. Every person who knowingly sells, or keeps, or offers for sale or otherwise disposes of any article of food, drink, drug or medicine knowing that the same has become tainted, decayed, spoiled or otherwise unwholesome or unfit to be eaten or drank, with intent to permit the same to be eaten or drank by any person or animal, is guilty of a misdemeanor. § 453. Every person who manufactures or causes to be manufactured, or sells, or offers or keeps for sale, or gives or disposes of any instrument or weapon of the kind usually known as slung shot, or of any similar kind, is guilty of a misdemeanor. See Laws of 1849, ch. 278, § 1. S 454. Every person who carries upon his person, whether concealed or not, or uses or attempts to use attempting against another, any instrument or weapon of the kind usually known as slung shot or of any similar kind, is guilty of felony. to use slung shot. Carrying concealed weapons. See Laws of 1849, ch. 278, § 2. So much of this section as makes it felony to "be found in possession of" a slung shot is omitted because many cases of possession are covered by section 1 of that act; embodied in section 453, supra. S455. Every person who carries concealed about his person any description of fire-arms, being loaded or partly loaded, or any sharp or dangerous weapon such as is usually employed in attack or defense of the person, is guilty of a misdemeanor. Such a provision as the above does not infringe the provision of the United States constitution (Amendments art. 2.) which declares that the right of the people to in respect S456. Every person who negligently sets fire to Negligence his own woods, or negligently suffers any fire upon to fires. his own land to extend beyond the limits thereof, is guilty of a misdemeanor. See Rep. Pol. Code, § 763. Refusing to assist in ing fire in the woods. S457. Every person who, having been lawfully ordered, as provided by section 764 of the Political extinguish Code, to repair to the place of a fire in the woods and assist in extinguishing it, omits without lawful excuse to comply with such order, is guilty of a misde meanor. attempts to fires. S458. Every person who, at any burning of a Obstructing building is guilty of any disobedience to lawful extinguish orders of any public officer or fireman, or of any resistance to or interference with the lawful efforts of any fireman or company of firemen, to extinguish the same, or of any disorderly conduct calculated to prevent the same from being extinguished, or who forbids, prevents or dissuades others from assisting to extinguish the same, is guilty of a misdemeanor. ing ferry without authority of law. $459. Every person who maintains any ferry for Maintainprofit or hire upon any waters within this state, without authority of law, is punishable by a fine not exceeding twenty-five dollars for each time of crossing or running such ferry. Where such ferry is upon waters dividing two counties, the offender may be prosecuted in either. Suggested as a substitute for Rep. Pol. Code, § 661. condition of recogni keep a ferry S460. Every person who, having entered into a Violating recognizance, as provided by section 659 of the Political Code, to keep and attend a ferry, violates the condition of such recognizance, is guilty of a misde meanor. See Rep. Pol. Code, § 660. zance to Engineer omitting to S 461. Every person in charge, as engineer, of a ring bell or locomotive engine, who omits to cause a bell to ring sound whis tle when locomotive crosses highway. Intoxica tion of engineers, conductors or a steam whistle to sound at the distance of at least eighty rods from the place where the track crosses, on the same level, any traveled public way, is punishable by a fine not exceeding fifty dollars, or by imprisonment in the county jail not exceeding sixty days. See Rep. Pol. Code, § 557. S 462. Every person who, while in charge, as engineer, of a locomotive engine or while acting as conand drivers ductor or driver upon any railroad train or car, whether propelled by steam or drawn by horses, is intoxicated, is guilty of a misdemeanor. upon railroads. Violations of duty by officers, agents or Substituted for Rep. Pol. Code, § 588. S463. Every engineer, conductor, brakeman, switchtender or other officer, agent or servant of any railroad company, who is guilty of any willful violation companies. or omission of his duty as such officer, agent or ser servants of railroad Duty of guarding vant by which human life or safety is endangered, the punishment for which is not otherwise prescribed, is guilty of a misdemeanor. S464. All persons and incorporated companies ice cuttings cutting ice in or upon any waters within the boundaries of this state, for the purpose of removing such ice for sale, shall surround the cuttings and openings made, with fences of bushes or other guards sufficient to warn all persons of such cuttings and openings. See Laws of 1860, ch. 20, § 1. $465. Such fences or guards must be erected at or before the time of commencing such cuttings or openings, and must be maintained until ice has again formed in such openings to the thickness of at least six inches. Ibid. S466. Every person who violates the provisions of the last two sections, is guilty of a misdemeanor. tions in the text are founded, applies only to ice cuttings or S467. Every person who uses any net or weir sets any pole or other fixture in any part of the Hudson river, except as permitted by section 266 of the Political Code, is guilty of a misdemeanor. Rep. Pol. Code, § 266. Using net lawfully river. or weir un in Hudson person infected tagious dis 5468. Every person who willfully exposes himself Exposing or another, affected with any contagious or infectious disease, in any public place or thoroughfare, except in his necessary removal in a manner not dangerous to the public health, is guilty of a misdemeanor. $469. Every person who willfully makes or publishes any false statement, spreads any false rumor, or employs any other false or fraudulent means or device, with intent to affect the market price of any kind of property, is guilty of a misdemeanor. with a conease in a place. public Frans affect the practised to market price. false in news 5470. Every editor or proprietor of any newspaper Publishing who willfully publishes in such newspaper as true, statements any statement which he has not good reason to be- papers. lieve to be true, with intent to increase thereby the sales of copies of such paper, is guilty of a misde meanor. ping. S471. Every person guilty of secretly loitering Eavesdrop. about any building, with intent to overhear discourse therein, and to repeat or publish the same to vex or annoy or injure others, is guilty of a misdemeanor. The common law definition of this offense, which is known as "eavesdropping," seems to have confined it to Racing upon highways. loitering about dwelling houses (2 Bish. Cr. L., § 274; 1 Russ. on Cr., 327; 4 Blackst. Comm., 168). The reasons which render the act obnoxious to punishment when committed with reference to dwellings, apply, however, with nearly equal force, to buildings occupied for other purposes. S472. Every person driving any conveyance drawn by horses upon any public road or way, who causes or suffers his horses to run, with intent to pass another conveyance or to prevent such other from passing his own, is guilty of a misdemeanor. Suggested as a substitute for Rep. Pol. Code, § 669. TITLE XIII. OF CRIMES AGAINST THE PUBLIC PEACE. SECTION 473. Disturbing lawful meetings. 474. "Riot" defined. 475. Punishment of riot. 476. "Rout" defined. 477. Unlawful assembly. 478. Assembly of persons disguised. 479. Punishment of rout and unlawful assembly. 480. Allowing masquerades to be held in places of public resort. 481. Remaining present at place of riot, &c., after warning to disperse. 482. Remaining present at place of a meeting, originally lawful, after it has adopted an unlawful purpose. 483. Refusing to obey a lawful command to assist in arresting rioter. 484. Combinations to resist execution of process. 485. Prize fights. 486. Challenges to engage in prize fights. 487. What is a challenge. 488. Leaving the state to engage in prize fights. 489. Place of trial. 490. Special duty of peace officers with respect to prize fights. 491. Neglect of duty by peace officers, a misdemeanor. 492. Forcible entry and detainer. 493. Returning to take possession of lands after being removed by legal process. 494. Unlawful intrusions upon lands of another. 495. Discharging fire-arms in public places. 496. Witness' privilege. |