4232. Removal or mutilation of gravestone, etc. Every person who wilfully and maliciously defaces, breaks, destroys, or removes any tomb, monument, or gravestone, erected to any deceased person, or any memento or memorial, or any ornamental plant, tree, or shrub, appertaining to the place of burial of a human being, or who shall mark, deface, injure, destroy, or remove any fence, post, rail, or wall of any cemetery or graveyard, is guilty of a misdemeanor. [C. L. § 4513.

Cal. Pen. C. 296.

CHAPTER 30.

CRIMES AGAINST GOOD MORALS.

4233. Barbarous and noisy amusements on Sunday. Every person who, on Sunday, gets up, exhibits, opens or maintains, or aids in getting up, exhibiting, opening or maintaining, any bull, bear, cock, or prize fight, horse race, circus, gambling house, or saloon, or any barbarous and noisy amusement; or who keeps, conducts, or exhibits any theatre, melodeon, dance cellar, or other place of musical, theatrical, or operatic performance, spectacle, or representation, where any wines, liquors, or intoxicating drinks are bought, sold, used, drank, or given away; or who purchases any ticket of admission, or directly or indirectly pays any admission fee to or for the purpose of witnessing or attending any such place, amusement, spectacle, performance, or representation, is guilty of a misdemeanor. [C. L. § 4514.

Cal. Pen. C. 299.

Fighting or baiting animals, a misdemeanor, 4454.

4234. Keeping open place of business on Sunday. Every person who keeps open on Sunday any store, workshop, bar, saloon, banking house, or other place of business, for the purpose of transacting business therein, is punishable by fine not less than five nor more than one hundred dollars. [C. L. $ 4515.

Cal. Pen. C. ? 300*.

Selling liquor on Sunday, penalty, 1250.

4235. Id. Exceptions. The provisions of the preceding section do not apply to persons who, on Sunday, keep open hotels, boarding houses, baths, 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. [C. L. § 4516.

Cal. Pen. C. ? 301*.

4236. Disturbing religious meetings. Every person who wilfully disturbs or disquiets any assemblage of people met for religious worship, by noise, 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. [C. L. § 4517. Disturbing any lawful meeting, ? 4300.

Cal. Pen. C. 302.

4237. Selling liquors at theatres, etc. Every person who sells or furnishes any malt, vinous, or spirituous liquors to any person in the auditorium or lobbies of any theatre, melodeon, museum, circus, or caravan, or place where any farce, comedy, tragedy, ballet, opera, or play is being performed, or any exhibition of dancing, juggling, wax-work figures, and the like, is being given for public amusement, and every person who employs or procures, or causes to be employed or procured, any person to sell or furnish any malt, vinous, or spirituous liquors at such place, is guilty of a misdemeanor. [C. L. § 4518.

Cal. Pen. C. 303.

4238. Performing unnecessary labor or business on Sunday. Every person who performs any unnecessary labor, or does any unnecessary

business on Sunday, is guilty of a misdemeanor, and shall be fined in any sum not exceeding twenty-five dollars. [C. L. § 4519.

4239. Id. Exception. Labor performed by employees of such works as are usually kept in constant operation, and in irrigating, is not included in the foregoing section. [C. L. § 4520.

4240. When Sunday begins and ends. For the purposes of this act, Sunday shall commence at midnight Saturday and terminate the following midnight. [C. L. § 4521.

4241. Selling liquors near 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, or 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. [C. L. § 4522.

Cal. Pen. C. 304.

4242. Id. Exception. 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 said section. [C. L. § 4523.

Cal. Pen. C. 305.

4243. Procuring females to play musical instruments at saloons, etc. Every person who causes, procures, or employs any female to play for hire, drink, or gain, upon any musical instrument in any drinking saloon, dance room, or dance cellar, public garden, or any public highway, common, or street, or on a vessel, steamboat, or railroad car, or in any lewd house, or disorderly place whatsoever, where two or more persons are assembled together, is punishable by fine in any sum less than three hundred dollars, or by imprisonment in the county jail not exceeding three months, or by both; and any female so playing upon any musical instrument whatsoever, is punishable by fine not exceeding one hundred dollars or by imprisonment in the county jail not exceeding one month, or by both. [C. L. § 4524.

Cal. Pen. C. ? 306*.

Permitting gambling in saloon, a misdemeanor, ? 1250.

4244. Procuring females to dance at saloons, etc. Every person who causes or procures or employs any female to dance, promenade, or otherwise exhibit herself for hire, drink, or gain, in any drinking saloon, dance cellar, or dance room, public garden, public highway, or in any place whatsoever, theatres excepted, where two or more persons are assembled together, is punishable by a fine in any sum less than three hundred dollars, or by imprisonment in the county jail not exceeding three months, or by both; and every female so dancing, promenading, or exhibiting herself, is punishable by fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding one month, or by both. [C. L. § 4525.

Cal. Pen. C. 306*.

4245. Furnishing liquor to minors. Every person who sells or gives to another under the age of sixteen years, to be by him drank at the time as a beverage, any intoxicating drink, is guilty of a misdemeanor and punishable by a fine. not exceeding one hundred dollars or by imprisonment in the county jail not exceeding three months; provided, that nothing in this section shall be deemed to apply to parents of such children, to guardians of such wards, or to physicians. [C. L. § 4526.

Cal. Pen. C. noted under ? 306.

meanor, 4469. Selling liquor to Indian, or near Furnishing tobacco or narcotic to minor, a misde- Indian reservation, 22 4298, 4299.

4246. Permitting minors in saloon. Every person who keeps a saloon, and who permits any minor to be or remain in such saloon, shall be deemed guilty of a misdemeanor.

CHAPTER 31.

INDECENT EXPOSURE, EXHIBITIONS, ETC.

4247. Indecent exposure, exhibitions, writings, etc. Every person who wilfully 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, distributes, keeps for sale, or exhibits any obscene or indecent writing, paper, or book; or designs. copies, draws, engraves, paints, or otherwise prepares any obscene or indecent picture or print; or moulds, 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 any notice or advertisement of any article, prescription, or preparation for producing or facilitating a miscarriage; 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. [C. L. § 4527.

Cal. Pen. C. 311*.

Printing, having, or selling obscene books, etc., indictment, 2 4750.

4248. Seizure of indecent books, pictures, etc. 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. [C. L. $4528.

Cal. Pen. C. 312.

4249. Id. Summary destruction of. 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 prosecuting attorney of the county in which the accused is liable to complaint or trial, and must at once destroy all the other copies. [C. L. § 4529.

Cal. Pen. C. 313.

4250. Id. Destruction of books, etc., remaining after trial. Upon the final conviction of the accused, such 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 attorney, to be destroyed. [C. L. § 4530.

Cal. Pen. C. ? 314.

4251. Keeping, residing in, or resorting to house of ill fame. Every person who keeps a house of ill fame in this state, resorted to for the purpose of prostitution or lewdness, or who wilfully resides in such house, or resorts thereto for lewdness, is guilty of a misdemeanor. [C. L. § 4531.

Cal. Pen. C. 315*.

4252. Keeping disorderly house. Every person who keeps any disorderly house or any house of public resort, by which the peace, comfort, or decency of the immediate neighborhood is habitually disturbed, or who keeps any inn in a disorderly manner, is guilty of a misdemeanor. [C. L. § 4532.

Cal. Pen. C. ? 316*.

Disturbing the peace, 4310.

CHAPTER 32.

LOTTERIES.

4253. Lottery defined. A lottery is any scheme for the disposal or distribution of property by chance, among persons who have paid or promised to pay any valuable consideration for the chance of obtaining such property or a portion of it, or for any share, or any interest in such property, upon any agreement, understanding, or expectation that it is to be distributed or disposed of by lot or chance, whether called a lottery, raffle, or gift enterprise, or by whatever name the same may be known. [C. L. § 4533.

Cal. Pen. C. 319.

4254. Contriving or drawing lottery. Every person who contrives, prepares, sets up, proposes, or draws any lottery, is guilty of a misdemeanor. [C. L. § 4534.

Cal. Pen. C. 320.

4255. Vending lottery tickets. Every person who sells, gives, or in any manner whatever, furnishes or transfers to or for any other person any ticket, chance, share, or interest, or any paper, certificate, or instrument purporting or understood to be or to represent any ticket, chance, share, or interest in, or depending upon the event of any lottery, is guilty of a misdemeanor. $ 4535.

Cal. Pen. C. 321.

Signing and issuance of lottery ticket, evidence, ? 4860.

[C. L.

4256. Aiding or assisting lottery. Every person who aids or assists, either by printing, writing, advertising, publishing, or otherwise in setting up, managing, or drawing any lottery, or in selling or disposing of any ticket, chance, or share therein, is guilty of a misdemeanor. [C. L. § 4536.

Cal. Pen. C. 322.

4257. Keeping office for sale of lottery tickets. Advertising. Every person who opens, sets up, or keeps, by himself or by any other person, any office or other place for the sale of, or for registering the number of any ticket in any lottery, or who, by printing, writing, or otherwise, advertises or publishes the setting up, opening, or using of any such office, is guilty of a misdemeanor. [C. L. § 4537.

Cal. Pen. C. § 323.

4258. Insuring lottery tickets. Every person who insures or receives any consideration for insuring for or against the drawing of any ticket in any lottery whatever, whether drawn or to be drawn within the state or elsewhere, or who receives any valuable consideration upon any agreement to repay any sum, or deliver the same, or any other property, if any lottery ticket or number of any ticket in any lottery shall prove fortunate or unfortunate, or shall be drawn or

not be drawn, at any particular time or any particular order, or who promises or agrees to pay any sum of money, or to deliver any goods, things in action, or property, or to forbear to do anything for the benefit of any person with or without consideration, upon any event or contingency dependent on the drawing of any ticket in any lottery, or who publishes any notice or proposal of any of the purposes aforesaid, is guilty of a misdemeanor. [C. L. § 4538.

Cal. Pen. C. 324.

4259. Forfeiture of lottery property to the state. All money and property offered for sale or distribution in violation of any of the provisions of this chapter are forfeited to the state, and may be recovered by information filed. or by an action brought by the attorney general, or by any county attorney, in the name of the state. Upon the filing of the information or complaint, the clerk of the court, or if the suit be in a justice's court, the justice, must issue an attachment against the property mentioned in the complaint or information, which attachment has the same force and effect against such property, and is issued in the same manner as attachments issued from the respective courts in civil cases. [C. L. § 4539.

Cal. Pen. C. ? 325.

4260. Letting building for lottery purposes. Every person who lets, or permits to be used, any building or vessel, or any portion thereof, knowing that it is to be used for setting up, managing, or drawing any lottery, or for the purpose of selling or disposing of lottery tickets, is guilty of a misdemeanor. [C. L. § 4540.

Cal. Pen. C. 326.

CHAPTER 33.

GAMING.

4261. Gaming defined. Every person who deals, plays, or carries on, opens or causes to be opened, or who conducts, either as owner or employee. whether for hire or not, any game of faro, monte, roulette, lansquenet, rouge et noir, rondo, or any game played with cards, dice, or any other device, for money. checks, credit, or any other representative value, and every person who plays or bets at or against any of said prohibited games is guilty of a misdemeanor. [C. L. § 4541*.

Cal. Pen. C. 330. Cal. Sup. '93, 330, p. 1045. Unlawful to permit gaming in saloon, 1250. 4262. Permitting gaming in house. Every person who knowingly permits any of the games mentioned in the preceding section to be 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. [C. L. § 4542.

Cal. Pen. C. 331.

4263. Winning fraudulently punishable as larceny. Every person who, by any practice, cheat, or 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, must be punished as in case of larceny of property of like value. [C. L. § 4543*.

Cal. Pen. P. 332.

4264. Refusal to attend as witness, misdemeanor. Every person duly summoned as a witnesss for the prosecution, on any proceedings had under this chapter, who neglects or refuses to attend, as required, is guilty of a misde

meanor.

[C. L. § 4544.

Cal. Pen. C. 333.