4265. Witness not privileged from answering. No person otherwise competent as a 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 is compelled to testify. [C. L. § 4545*.

Cal. Pen. C. 334*.

But where a witness was testifying before the grand jury concerning another offense, and volun

tarily admitted himself guilty of gaming, he may be prosecuted therefor. People v. Reggel, 8 U. 21; 28 P. 955.

4266. Officers must prosecute. Penalty. Every prosecuting attorney, sheriff, constable, or police officer, must inform against and diligently prosecute persons whom they have reasonable cause to believe offenders against the provisions of this chapter, and every such officer refusing or neglecting so to do is guilty of a misdemeanor. [C. L. § 4546.

Cal. Pen. C. 335.

CHAPTER 34.

INJURIES TO PERSONS.

4267. Intoxicated physician endangering life. Every physician who, in a state of intoxication, does any act, as such physician, to another person, by which the life or health of such other person is endangered, is guilty of a misdemeanor. [C. L. § 4547*.

Cal. Pen. C. 346*.

4268. Mingling poison with food or drink. Every person who wilfully mingles any poison with any food, drink, or medicine, with intent that the same shall be taken by any human being, to his injury, and every person who wilfully poisons any spring, well, stream, or reservoir of water, is punishable by imprisonment in the state prison for a term not less than one nor more than ten years. [C. L. § 4548.

Cal. Pen. C. 347*.

Administering poison with intent to kill, ? 4177.

4269. Endangering life by misuse of boiler on boat. Every captain or other person having charge of any steamboat, used for the conveyance of passengers, or of the boilers and engines thereof, who, from ignorance or gross neglect, or for the purpose of excelling any other boat in speed, creates, or allows to be created, such an undue quantity or pressure of steam as to burst or break the boiler, or any apparatus or machinery connected therewith, by which bursting or breaking human life is endangered, is guilty of a misdemeanor. [C. L. § 4549.

Cal. Pen. C. 348*.

4270. Endangering life by misuse of steam boiler. Every engineer or other person having charge of any steam boiler, steam engine, or other apparatus for generating or employing steam, who wilfully, or from ignorance, or gross neglect, creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler, or engine, or apparatus, or cause any other accident whereby human life is endangered, is guilty of a misdemeanor. [C. L. § 4550*.

Cal. Pen. C. 349*.

4271. Causing death by misuse of steam boiler. Every person having charge of any steam boiler or steam engine, or other apparatus for generating or employing steam, who wilfully, or from ignorance or neglect, creates, or allows to be created, such an undue quantity or pressure 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. [C. L. § 4564*.

Cal. Pen. C. 368*.

4272. Negligently causing collision resulting in death. Every conductor, engineer, brakeman, switchman, or other person having charge. wholly or in part, of any railroad car, locomotive, or train, who wilfully or negligently permits or causes the same to collide with another car, locomotive, or train, or with any other object or thing, or any train dispatcher who wilfully or negligently permits any such collision, 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. [C. L. § 4565.

Cal. Pen. C. 369*.

4273. Cruelly treating insane, etc. Every person guilty of any unnecessarily harsh, cruel, or unkind treatment of, or any neglect of duty towards. any idiot, lunatic, or insane person, is guilty of a misdemeanor. [C. L. § 4558*.

Cal. Pen. C. 361*.

CHAPTER 35.

PUBLIC HEALTH AND SAFETY.

4274. Befouling waters. Any person who shall, either

1. Construct or maintain any corral, sheep-pen, stable, pig-pen, chickencoop or other offensive yard, or outhouse, where the waste or drainage therefrom shall flow directly into the waters of any stream, well, or spring of water used for domestic purposes; or,

Deposit, pile, unload, or leave any manure heap, offensive rubbish, or the carcass of any dead animal, where the waste or drainage therefrom will flow directly into the waters of any stream, well, or spring of water used for domestic purposes; or,

3. Dip or wash sheep in any stream, or construct, maintain, or use any pool or dipping vat for dipping or washing sheep in such close proximity to any stream used by the inhabitants of any city, town, or village for domestic purposes as to make the waters thereof impure or unwholesome; or,

4. Construct or maintain any corral, yard, or vat, to be used for the purpose of shearing or dipping sheep within twelve miles of any city, town, or village, where the refuse or filth from said corral or yard would naturally find its way into any stream of water used by the inhabitants of any city, village, or town, for domestic purposes; or,

5. Establish and maintain any corral, camp, or bedding place for the purpose of herding, holding, or keeping any cattle, horses, sheep, or hogs, within seven miles of any city, town, or village, where the refuse or filth from said corral. camp, or bedding place, will naturally find its way into any stream of water used by the inhabitants of any city, town, or village for domestic purposes-shall be guilty of a misdemeanor. [C. L. § 2264*; '92, p. 70*.

Where a settlement consisted of fourteen families, and extended to about two and a half miles along a stream, the settlement containing a schoolhouse and a postoffice, the nearest settlement thereto

being about six miles distant; held, to be a village within the meaning of the statute. People v. McCune, 14 U. 151; 46 P. 658.

4275. Public nuisance defined. A public nuisance is a crime against the order and economy of the state, and consists in unlawfully doing any act, or omitting to perform any duty, which act or omission, either

1. Annoys, injures, or endangers the comfort, repose, health or safety of three or more persons; or

2.

3.

Offends public decency; or

Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any lake, stream, canal, basin, or any public park, square, street, or highway; or

4. In any way renders three or more persons insecure in life or the use of property. [C. L. § 4566.

Cal. Pen. C. 370*.

A person may so use his property as to be guilty of a nuisance, though in pursuit of a lawful business and conducting it in a reasonable and careful manner. People v. Bertlesen, 14 U. 258; 47 P. 87.

In determining the question of a nuisance, the motive or intent with which the act complained of was committed cannot be considered. Id.

4276. Id. Unequal effects not material. An act which affects three or more persons, in either of the ways specified in the last section, is not less a nuisance because the extent of the annoyance or damage inflicted on individuals is unequal. [C. L. § 4567*.

Cal. Pen. C. 371*.

4277. Maintaining nuisance or failing to perform duty. Every person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who wilfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a misdemeanor. [C. L. $4568.

Cal. Pen. C. 372.

4278. Maintaining a pest house, etc., at or near city or town. 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. [C. L. § 4569.

Cal. Pen. C. 2373.

cass.

4279. Placing dead animals in street or stream. Burning carEvery 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, 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, is guilty of a misdemeanor. [C. L. § 4570.

Cal. Pen. C. 2 374*. Cal. Sup. '93, 374*, p. 1046. Removal or burial of dead animals, ?? 64-67.

4280. Keeping explosives in city, etc. Every person who makes or keeps gunpowder, nitro-glycerine, or other highly explosive substance, within any city, town, or village, or who carries the same through the streets thereof, in any quantity or manner such as is prohibited by law or by any ordinance of such city or town, is guilty of a misdemeanor. [C. L. § 4571.

Cal. Pen. C. 375.

4281. Selling or giving away toy pistol. Any one selling or giving a toy pistol to any person in this state, shall be guilty of a misdemeanor. [C. L. $2266.

4282. Omitting to label or mislabeling drugs. Prescriptions. Every apothecary, druggist, or person carrying on business as a dealer in drugs or medicines, or person employed as clerk or salesman by such person, who, in putting up any drugs or medicines, or making up any prescription, or filling any order for drugs or medicines, wilfully, negligently, or ignorantly omits to label the same, or puts an untrue label, stamp, or other designation of contents, upon any box, bottle, or other package, containing any drugs or medicines, or substitutes a different article for any article prescribed or ordered, or puts up a greater or less quantity of any article than that prescribed or ordered, or otherwise deviates from the terms of the prescription or order which he undertakes to follow, in consequence of which human life or health is endangered, is guilty of a misdemeanor, or if death ensues, is guilty of a felony. [C. L. § 4572. Omitting to label poisons, etc., ? 1727.

Cal. Pen. C. 380.

4283. Selling impure vinegar. No person shall manufacture for sale, or knowingly offer for sale, or have in his possession with intent to sell, any

Amended

chap. 63 1899

Amended Chap 63 1899

vinegar found upon proper test to contain any preparation of lead, copper, sulphuric acid, or other ingredients injurious to health. ['97, p. 90.

4284. Id. No person, by himself, his servant, or agent, or as the servant or agent of any other person, shall sell, exchange, deliver, or have in his custody or possession with intent to sell or exchange, or expose or offer for sale or exchange, any adulterated vinegar, nor shall he label, brand, or sell as cider vinegar or as apple vinegar any vinegar not the legitimate product of pure apple juice, or not made exclusively from apple cider. ['97, p. 90.

4285. Vinegar barrels to be labeled. All manufacturers of vinegar in the state of Utah, and all persons who reduce or re-barrel vinegar in this state, and all persons who handle vinegar in lots of one barrel or more, are hereby required to have stenciled or marked in black figures at least one inch in length on the head of each barrel or package of vinegar bought or sold by them, the standard strength of the vinegar contained in the package or barrel, which shall be denoted by the per cent of acetic acid. ['97, pp. 90, 91.

4286. Diluted vinegar to be labeled. No person or persons known as retailers who sell vinegar by the gallon, shall reduce by water or other mixtures the strength of vinegar purchased and sold by them, unless he shall mark in plain figures on said package or barrel the strength of the vinegar still contained in said package or barrel. ['97, p. 91.

Whoever violates any

4287. Penalty for violation of vinegar law. of the provisions of the four next preceding sections shall be deemed guilty of a misdemeanor, and all vinegars found in his possession not in accordance with said sections shall be subject to forfeiture and spoliation. ['97, p. 91.

4288. Adulterating food, drink, or drugs. Every person who adulterates or dilutes any article of food, drink, drug, medicine, spirituous, or malt liquor, or wine, or any article useful in compounding them, with a fraudulent intent to offer the same, or cause or permit it to be offered, for sale as unadulated or undiluted, and every person who fraudulently sells, or keeps, or offers for sale, the same, as unadulterated or undiluted, is guilty of a misdemeanor. [C. L. § 4574.

Cal. Pen. C. ? 382.

Proprietor of pharmacy responsible for quality of

drugs, etc., 1725.
1726.

Adulteration of drugs, etc.

4289. Adulterating candy. Every person who shall, by himself, his servant, or agent, or as the servant or agent of any other person or corporation, manufacture for sale, or knowingly offer for sale, any candy adulterated by the admixture of terra alba, baryta, talc, or any like substance, or by poisonous colors, or flavors, or other matters deleterious or detrimental to health, shall be punished by a fine not exceeding five hundred dollars nor less than fifty dollars; and the candy so adulterated shall be forfeited and destroyed under direction of the court. ['96, p. 183.

Cal. Pen. C. 401*.

4290. Disposing of tainted food, etc. 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 drunk, with intent to permit the same to be eaten or drunk, is guilty of a misdemeanor. [C. L. § 4575. Cal. Pen. C. ? 383.

4291. Omitting to ring locomotive bell or sound whistle. Every person in charge of a locomotive engine who, before crossing any traveled street. road, or highway, omits to cause a bell to ring or steam whistle to sound at the distance of at least eighty rods from the crossing and up to it, is guilty of a misdemeanor. [C. L. § 4579.

Cal. Pen. C. 390*.

Passing through cities or over crossings, § 447.

4292. Intoxication of engineers, conductors, operators, etc. Every person who is intoxicated while in charge of a locomotive engine, or while acting as conductor, or driver upon any railroad train or car, or as motorman, or as conductor of any street car, whether propelled by steam or electricity, or drawn by horses or otherwise, or while acting as train dispatcher or as telegraph operator, and receiving or transmitting dispatches in relation to the movement of trains, is guilty of a misdemeanor. [C. L. § 4580*.

Cal. Pen. C. 391*.

4293. Placing freight car in rear of train. Every person who, in making up or running railroad trains, places or runs, or causes to be placed or run, any freight car in the rear of passenger cars, is guilty of a misdemeanor, and if loss of life or limb results from such placing or running, is guilty of felony. The term "freight car" as used in this section does not include a baggage, express, or mail car. [C. L. § 4581.

Cal. Pen. C. 392.

4294. Violation of duty by railroad employee. Every engineer, conductor, brakeman, switchtender, or other officer, agent, or servant of any railroad company who is guilty of any wilful violation or omission of his duty as such officer, agent, or servant, whereby human life or safety is endangered, the punishment of which is not otherwise prescribed, is guilty of a misdemeanor. [C. L. § 4582.

Cal. Pen. C. 393.

4295. Exposing public to contagion. Every person who wilfully exposes himself or another afflicted with any contagious or infectious disease, in any public place or thoroughfare, except in his necessary removal in a manner the least dangerous to the public health, is guilty of a misdemeanor. [C. L. § 4583.

Cal. Pen. C. 394.

Negligently spreading contagion, ?? 1111-1113.

4296. Racing on highways. Every person driving any conveyance drawn by horses or mules upon any public road, street, highway, public square, or school ground, who wilfully causes or permits his horses or mules to run at sufficient speed to endanger human life, or the destruction of property; or any person who causes or permit his horses or mules to run with intent to pass another conveyance, or to prevent such other conveyance from passing his own; or any person who rides any horse or mule, or drives any loose animals over any public road, street, highway, public square, or school ground at such a speed as to endanger human life, or the destruction of property, shall be deemed guilty of a misdemeanor. [C. L. § 4585.

Cal. Pen. C. 396*.

4297. Mischievous animal causing death. Owner's liability. If the owner of a mischievous animal, knowing its propensities, wilfully suffers it to go at large, or keeps it without ordinary care, and such animal, while so at large, or while not kept with ordinary care, kills any human being who has taken all the precaution which the circumstances permitted, or which a reasonable person would ordinarily take in the same situation, such owner is guilty of a felony. [C. L. § 4587.

Cal. Pen. C. 399.

4298. Disposing of liquor to Indians. Every person who sells, exchanges, gives, barters, or disposes of any intoxicating drink to any Indian of the whole or half blood, or to any person living or cohabiting with an Indian woman, shall be guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for a period of not more than three years, or by a fine of not more than three hundred dollars, or by both. [C. L. § 4586*; '96, p. 233.

Cal. Pen. C. 397. Cal. Sup. '93, p. 1049.