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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 female to sell or furnish any malt, vinous, or spirituous liquors at such place, is guilty of a misdemeanor. En. February 14, 1872.

See Const. Cal., sec. 18, art. XX.

Sale of liquors to minors: Act of 1872, Appendix, title Intoxicating Liquors. Intoxication of officers: Act of 1880, Appendix, title Officers.

Special acts.-Sale of liquors on election days. Act in effect March 7, 1874; Stats. 1873-4, 297: See post, Appendix, title Intoxicating Liquors. Sale of liquors at state capitol, act in effect April 16, 1880; Stats. 1880, 273: See post, Appendix, title Intoxicating Liquors.

§ 304. Selling liquors at 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, 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. En. February 14, 1872.

Cal.Rep.Cit. 60, 191; 60, 195.

§ 305.

Limitation of preceding section. 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 such section. En. February 14, 1872.

§ 306.

Females exhibited in public places. Every person who causes, procures, or employs any female for

hire, drink, or gain, to play upon any musical instrument, or to dance, promenade, or otherwise exhibit herself, in any drinking saloon, dance-cellar, ballroom, public garden, public highway, common, park, or street, or in any ship, steamboat, or railroad car, or in any place whatsoever, if in such place there is connected therewith the sale or use, as a beverage, of any intoxicating, spirituous, vinous, or malt liquors; or who shall allow the same in any premises under his control, where intoxicating, spirituous, vinous, or malt liquors are sold or used, when two or more persons are present, is punishable by a fine not less than fifty nor more than five hundred dollars, or by imprisonment in the county jail not exceeding three months, or by both; and every female so playing upon any musical instrument, or dancing, promenading, or exhibiting herself, as herein aforesaid, is punishable by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding one month, or by both. En. February 14, 1872. Am'd. 1873-4, 459; 1873-4, 460.

Cal.Rep.Cit. 57, 605.

§ 307. Keeping or resorting to place where opium is used. Every person who opens or maintains, to be resorted to by other persons, any place where opium, or any of its preparations, is sold or given away, to be smoked at such place; and any person who at such place sells or gives away any opium, or its said preparations, to be there smoked or otherwise used; and every person who visits or resorts to any such place for the purpose of smoking opium, or its said preparations, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. En. February 14, 1872. Am'd. 1873-4, 459. Rep. Stats. 1873-4, 461. En.

Stats. 1881, 34.

Cal.Rep.Cit. 73, 144; 73, 146; 73, 150; 73, 151; 73, 152.

§ 308. Selling tobacco to minors. Every person who sells, or gives, or furnishes in any way to another who is in fact under the age of sixteen years, any tobacco, or preparation of tobacco, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars; provided, however, that this section shall not be deemed to apply to articles furnished on prescriptions from physicians authorized by law to practice medicine, nor to persons who supply such articles to their own children, nor to sales made to such minors upon the written consent of the parents or guardians of such minors first obtained in writing by the vender. En. Stats. 1891, 64.

Sale of liquor to minors: See post, Appendix, title Intoxicating Liquors.

§ 309. Admission of minor to place of prostitution. Any proprietor, keeper, manager, conductor, or person having the control of any house of prostitution, or any house or room resorted to for the purpose of prostitution, who shall admit or keep any minor of either sex therein; or any parent or guardian of any such minor who shall admit or keep such mor, or sanction, or connive at the admission or keeping thereof, into, or in any such house or room, shall be guilty of a misdemeanor. En. Stats. 1880, 36.

Act to punish using child for immoral purposes: post, Appendix, title Infancy.

See

Act prohibiting child entering saloon, begging, etc.: See post, Appendix, title Infancy.

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§ 310. Barber-shops open on Sunday. Every person who as proprietor, manager, lessee, employee, or agent keeps open or conducts, or causes to be kept open or conducted, any barber-shop, bath-house and barber-shop, barber-shop of a bathing establishment, or hair-dressing

establishment, or any place for shaving or hair-dressing, used or conducted in connection with any other place of business or resort, or who engages at work or labor as a barber in any such shop or establishment on Sunday, or on a legal holiday, after the hour of 12 o'clock M. of said day, is guilty of a misdemeanor. En. 1895, 247. Cal.Rep.Cit. 112, 470.

CHAPTER VIII.

INDECENT EXPOSURE, OBSCENE EXHIBITIONS, BOOKS AND PRINTS, AND BAWDY AND OTHER DISORDERLY HOUSES.

§ 311. § 312.

§ 313.

§ 314.

§ 315.

§ 316.

§ 317.

§ 318.

Indecent exposures, exhibitions, and pictures.
Seizure of indecent articles authorized.

Their character to be summarily determined.
Their destruction.

Keeping or residing in a house of ill-fame.
Keeping disorderly houses.

Advertising to produce miscarriage.

Enticing to place of gambling or prostitution.

§ 311. Indecent exposures, exhibitions, and pictures. Every person who willfully 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 molds, cuts, casts, or otherwise makes any obscene or indecent figure; or,

4. Writes, composes, or publishes any notice or adver

tisement of any such writing, paper, book, picture, print, or figure; 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. En. February 14, 1872. Am'd. 1873-4, 429.

§ 312. Seizure of indecent articles authorized. Every person who is authorized or enjoined to arrest any person for a violation of subdivision three of the last rection, 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. En. February 14, 1872.

§ 313. Their character to be summarily determined. 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 district attorney of the county in which the accused is liable to indictment or trial, and must at once destroy all the other copies. En. February 14, 1872.

§ 314. Their destruction. Upon the conviction of the accused, such district 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 district attorney, to be destroyed. En. February 14, 1872.

§ 315. Keeping or residing in a house of ill-fame. Every person who keeps a house of ill-fame in this state, resorted

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