661; 1 id. 150; 2 id. 45; id. 92. Single acts constitute the offense-11 R. I. 417; 13 Mo. 455; 15 Ala. 383; 20 id. 30; 1 Ohio St. 61; and consecutive games at one sitting constitute one offense-13 Ga. 396; 20 id. 155. The gist of the offense is the obtaining of property of another by the fraudulent use of cards or other devices-76 Ill. 265; and the publicity of the act-51 Ala. 23. See 14 Gray, 390; id. 26.

Betting.-A bet is a wager, and the bet is complete when the offer to bet is complete, although the stake bo neither lost nor won-7 Port. 453. To constitute a wager, both parties must incur a risk-5 Humph. 561. In California, one who bets at faro is not accessory to the crime of gaming-53 Cal. 247; and see 22 Ala. 16. As to the statutes of other States-see Desty's Crim. Law. § 101 c, et seq. Wagers affecting third persons or the public peace, morals, or public policy, at common law are not recoverable-6 Cal. 359; 37 id. 670; 37 id. 168; 43 id. 616; but they may be disaffirmed before the result is known, and the money in hands of a stakeholder be recovered-37 Cal. 670. See Desty's Crim. Law, §§ 70 g, 101 c. Betting at races-see id. § 101 d.

331. 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.

Liability.-The owners are liable only when the gaming is done with their knowledge-7 Cal. 208. See Desty's Crim. Law, § 102 c.

332. Every person who, by the game of "three-card monte" so-called, or any other game, device, sleight of hand, pretensions to fortune-telling, trick, or other means whatever, by use of cards or other implements or instruments, or while betting on sides or hands of any such play or game, fraudulently obtains from another person money or property of any description, shall be punished as in case of larceny of property of like value. [In effect April 16th, 1880.]

Cheating at games-as with false dice, etc., is a misdemeanor at common law-see 1 Russ Cr. 9th ed. 624. So of a conspiracy to cheat -4 Cox C. C. 390; 8 id. 305.

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

See Code Civ. Proc. part iv, title iii, chap. ii.

334. 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 crim

inate himself; but no prosecution can afterwards be had against him for any offense concerning which he testified.

335. Every district 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.

336. Every owner or lessee, or keeper of any house used in whole, or in part, as a saloon or drinking-place, who knowingly permits any person under twenty-one years of age to play at any game of chance therein, is guilty of a misdemeanor. [Approved March 24th, 1874.] 337. Every State, county, city, city and county, town, or township officer, or other person who shall ask for, receive, or collect any money, or other valuable consideration, either for his own or the public use, for and with the understanding that he will aid, exempt, or otherwise assist any person from arrest or conviction for a violation of section three hundred and thirty of the Penal Code; or who shall issue, deliver, or cause to be given or delivered to any person or persons any license, permit, or other privilege, giving or pretending to give any authority or right to any person or persons to carry on, conduct, open, or cause to be opened, any game or games which are forbidden or prohibited by section three hundred and thirty of said Code; and any of such officer or officers who shall vote for the passage of any ordinance or by-law, giving, granting, or pretending to give or grant to any person or persons any authority or privilege to open, carry on, conduct, or cause to be opened, carried on, or conducted, any game or games prohibited by said section three hundred and thirty of the Penal Code, is guilty of a felony. [Approved March 12th, 1885.]

CHAPTER XI.

PAWNBROKERS.

338. Pawnbroking without license.

§ 339. Failing to keep a register.

$340. Charging unlawful rate of interest.

§ 341. Selling before time of redemption has expired, or without no tice.

§ 342. Refusing to disclose particulars of sale.

§ 343. Refusing to allow an officer with search-warrant to inspect register of pledged articles.

338. Every person who carries on the business of a pawnbroker, by receiving goods in pledge for loans at any rate of interest above the rate of ten per cent. per annum, except by authority of a license, is guilty of a misdemeanor.

Constitutional law.-The Code provision limiting the rate of interest which may be charged on loans, is not repugnant to art. 1, § 2 of the State Constitution-29 Cal. 271. See § 501, post, and see Civ. Code, SS 2086-3011.

339. Every person who carries on the business of a pawnbroker, who fails at the time of the transaction to enter in a register kept by him for that purpose, in the English language, the date, duration, amount, and rate of interest of every loan made by him, or an accurate description of the property pledged, or the name and residence of the pledgor, or to deliver to the pledgor a written copy of such entry, or to keep an account in writing of all sales made by him, is guilty of a misdemeanor.

See § 502, post.

340. Every pawnbroker who charges or receives interest at the rate of more than two per cent. per month, or who, by charging commissions, discount, storage, or other charge, or by compounding, increases or attempts to increase such interest, is guilty of a misdemeanor. [In effect March 7th, 1881.]

341. Every pawnbroker who sells any article pledged to him and unredeemed, until it has remained in his possession six months after the last day fixed by contract for redemption, or who makes any sale without publishing in a newspaper printed in the city, town, or county, at least five days before such sale, a notice containing a list of the articles to be sold, and specifying the time and place of sale, is guilty of a misdemeanor.

342. Every pawnbroker who willfully refuses to disclose to the pledgor or his agent the name of the purchaser and the price received by him for any article received by him in pledge and subsequently sold, or who, after deducting from the proceeds of any sale the amount of the loan and interest due thereon, and four per cent on the loan for expenses of sale, refuses, on demand, to pay the balance to the pledgor or his agent, is guilty of a misdemeanor.

See § 502, post.

343. Every pawnbroker who fails, refuses, or neglects to produce for inspection his register, or to exhibit all articles received by him in pledge, or his account of sales, to any officer holding a warrant authorizing him to search for personal property, or the order of a committing magistrate directing such officer to inspect such register, or examine such articles or account of sales, is guilty of a misdemeanor.

See § 502, post.

CHAPTER XII.

OTHER INJURIES TO PERSONS.

346. Acts of intoxicated physicians.

§ 347. Willfully poisoning food, medicine, or water. § 348. Mismanagement of steamboats.

§ 349. Mismanagement of steam-boilers.

$350. Counterfeiting trade-marks.

§ 351. Selling goods which bear counterfeit trade-marks.

352. Definition of the phrase "counterfeited trade-marks," etc.

§ 353.

"Trade-mark" defined.

§ 354. Refilling casks, etc., bearing trade-mark.

$355. Defacing marks upon wrecked property and destroying bills of

lading.

356. Defacing marks upon logs, lumber, or wood.

§ 357. Altering brands.

358. Frauds in affairs of special partnership.

359. Contracting or solemnizing incestuous or forbidden marriages.

§ 360. Making false return or record of marriage.

361. Cruel treatment of lunatics, etc.

§ 362. Refusing to issue or obey writ of habeas corpus.

363. Reconfining persons discharged upon writ of habeas corpus.

§ 364. Concealing persons entitled to benefit of habeas corpus.

§ 365. Innkeepers and carriers refusing to receive guests.

§ 366. Counterfeiting quicksilver stamps.

§ 367. Selling debased quicksilver.

346. Every physician who, in a state of intoxication, does any act as such physician to another person by which the life of such other person is endangered, is guilty of a misdemeanor.

Intoxication.-Voluntary intoxication is no excuse for crime-see many cases collected in Desty's Crim. Law, § 26 a. Evidence of intoxication is admissible as to the question of premeditation-21 Cal. 547; 27 id. 514; 43 id. 352; or to show a mental condition incapable of forming a specific intent-29 Cal. 683; 34 id. 217; 43 id. 352, în determining the degree of the crime-36 Cal. 534.

347. Every person who willfully mingles any poison with any food, drink, or medicine, with intent that the same shall be taken by any human being, to his injury,