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and thereby prevent or attempt to prevent such former employee from obtaining employment with any other person, firm or cor·poration, shall be punished by a fine not exceeding two thousand dollars and shall be liable in treble damages to any such employee sustaining damages through a violation of this section. Any person, firm or corporation who shall knowingly cause, suffer or permit an agent, superintendent, manager or other employee in his or its employ to commit a violation of this section, or who shall fail to take all reasonable steps within his or its power to prevent such violation of this act, shall be guilty of a violation of the provisions of this section and be subject to the penalty hereinbefore provided. Nothing in this section shall be construed to prevent an employer as hereinbefore defined or an agent, employee, superintendent or manager of such employer to furnish, upon special request therefor, a truthful statement concerning the reason for the discharge of an employee or why an employee voluntarily left the service of the employer; provided, however, that if such statement shall in connection therewith furnish any mark, sign or other means whatever .conveying information different from that expressed by words therein, such fact, or the fact that such statement or other means of furnishing information was given without a special request therefor; shall be prima facie evidence of a violation of the provisions of this section, 1913—712.

65312. Any appraiser, appointed by virtue of section one thousand four hundred and forty-four of the Code of Civil Procedure, who shall' accept any fees, reward, or compensation other than :.that provided for by law, from any executor, administrator,-trustee, legatee, next of kin or heir of any decedent, or from any other person, is guilty of a misdemeanor. 1899–35.

TITLE XVI.

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General Provisions. 654. Acts punishable by code. 669. Second term, when to 654a. Advertising, what pro

commence. hibited.

670. When term commences, 654b. Real estate, same.

etc. 654c. Merchandise, same.

671. Imprisonment for life. 655. Foreign

laws, punish- 672. Fine may be added to ment.

imprisonment. 656. Same, conviction or ac- 673. Civil rights, convicts quittal.

generally. 657. Contempts, limitation. 674. Civil death generally. 658. Mitigation, when.

675. Civil death, limitations 659. Misdemeanor, who

preceding sections. complice.

676. Person, of convict, pro660. Letters, when sent.

tected. 661. Removal from office, 677. Forfeitures. when.

678. Money, what used as 662. Omission to do duty,

basis. when punishable.

679. Employment, influencing, 664. Crime, attempting, how

generally. punishable.

679a. Convict made goods, pro. 665. Restrictions preceding

visions for sale. sections.

680. Employees, payment in 666. Second offense petit lar

saloon prohibited. ceny how punished.

681. Cruel punishment, where 667. Same, felony.

prohibited. 668. Foreign conviction, for

mer offense. 654. An act or omission which is made punishable in different ways by different provisions of this code may be punished under either of such provisions, but in no can it be punished under more than one; an acquittal or conviction and sentence under either one bars a prosecution for the same act or omission under any other. In the cases specified in sections 648, 667, and 668, the punishments therein prescribed must be substituted for those prescribed for a first offense, if the previous conviction is charged in the indictment and found by the jury.

654a. Any person, firm, corporation or association, or any employee thereof, who, with intent to sell, furnish, perform, or in any way dispose of real or personal property, choses in action, merchandise, service, professional or otherwise, or anything of any nature whatsoever offered by such person, firm, corporation or association, or any employee thereof, directly or indirectly, to the public for sale or distribution, or to induce the public, in any manner, to enter into any obligation relating thereto, or to acquire title thereto or any interest therein, shall make, publish, dis

case

seminate, circulate, or cause to be made, published, disseminated or circulated, or, in any manner, place, or cause to be placed, before the public in the State of California, in any newspaper, magazine, book, pamphlet, circular, letter, notice, hand-bill, poster or other publication, or on any billboard, sign, card, label, or other advertising medium, or by means of any electric sign, window sign, showcase or window display, or by any other advertising device, or by public outcry or proclamation, or in any other manner or means whatever, an advertisement of any sort regarding such real or personal property, choses in action, merchandise, service or anything so offered to the public, which advertisement shall contain any statement, representation or assertion concerning such real or personal property, choses in action, merchandise, service or anything so offered to the public, or concerning any circumstance or matter of fact connected in any way, directly or indirectly, with the proposed sale, performance or disposition thereof, which statement, representation or assertion is false or untrue, in any respect, or which is deceptive or misleading, and which is known, or which by the exercise of reasonable care should be known, to be false or untrue, deceptive or misleading, by the person, firm, corporation or association making, publishing, disseminating, circulating or placing before the public said advertisement, shall be guilty of a misdemeanor; provided, however, that this act shall not apply to any publisher of a newspaper, magazine, or other publication, who publishes said advertisement in good faith, without knowledge of its false, deceptive, or misleading character. 1915—1252.

654b. Any person, firm, corporation or association, or any employee or agent therefor, who in a newspaper, circular, circular or form letter or other publication published or circulated in any language in this state, makes or disseminates any statement or assertion of fact, concerning the extent, location, ownership, title or other characteristic, quality or attribute of any real estate located in this state or elsewhere, which is known to him to be untrue and which is made or disseminated with the intention of misleading, is guilty of a misdemeanor; provided, however, that nothing in this section shall be construed to hold the publisher of any newspaper, or any job printer, liable for any publication herein referred to unless such publisher or printer has an interest either as owner or agent, in such real estate so advertised. 1915—1027.

654c. It shall be unlawful for any person, firm, or corporation in any newspaper, magazine, circular, form letter or any open publication, published, distributed or circulated in the State of California or on any billboard, card, label or other advertising medium, or by means of any other advertising device, to advertise, call attention to or give publicity to the sale of any merchandise, which merchandise is second-hand or used merchandise, or

which merchandise is defective in any manner, or which merchandise consists of articles or units or parts known as “seconds,” or blemished merchandise, or which merchandise has been rejected by the manufacturer therof as not first-class, unless there be conspicuously displayed directly in connection with the name and description of such merchandise and each specified article, unit or part thereof, a direct and unequivocal statement, phrase, or word which will clearly indicate that such merchandise or each article, unit or part thereof so advertised is second and, used, defective, or consists of “seconds” or is blemished merchandise, or has been rejected by the manufacturer thereof, as the fact shall be.

Any person, firm or corporation who shall violate any of the provisions of this statute shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not to exceed five hundred (500) dollars, or by imprisonment in the county jail not more than six (6) months, or by both such fine and imprisonment. 1921–87.

655. An act or omission declared punishable by this code is not less so because it is also punishable under the laws of another state, government, or country, unless the contrary is expressly declared.

656. Whenever on the trial of an accused person it appears that upon a criminal prosecution under the laws of another state, government, or country, founded upon the act or omission in respect to which he is on trial, he has been acquitted or convicted, it is a sufficient defense.

657. A criminal act is not the less punishable as a crime because is is also declared to be punishable as a contempt.

658. When it appears, at the time of passing sentence upon a person convicted upon indictment, that such person has already paid a fine or suffered an imprisonment for the act of which he stands convicted, under an order adjudging it a contempt, the court authorized to pass sentence may mitigate the punishment to be imposed, in its discretion.

659. Whenever an act is declared a misdemeanor, and no punishment for counseling or aiding in its commission of such an act is expressly prescribed by law, every person who counsels or aids another in the commission of such act is guilty of a misdemeanor,

660. In the various cases in which the sending of a letter is made criminal by this code, the offense is deemed complete from the time when such letter is deposited in any post-office or any other place, or delivered to any person, with intent that it shall be forwarded.

661 In addition to the penalty affixed by express terms, to every neglect or violation of official duty on the part of the public officers, state, county, city, or township, where it is not so expressly provided, they may, in the discretion of the court, be removed from office.

662. No person is punishable for an omission to perform an act, where such act has been performed by another person acting in his behalf and competent by law to perform it.

663. Any person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime intended or attempted was perpetrated by such person in pursuance of such attempt, unless the court, in its discretion, discharges the jury and directs such person to be tried for such crime.

664. Every person who attempts to commit any crime, but fails, or is prevented or intercepted in the perpetration thereof, is punishable, where no provision is made by law for the punishment of such attempts, as follows:

1. If the offense so attempted is punishable by imprisonment in the state prison for five years, or more, or by imprisonment in a county jail, the person guilty of such attempt is punishable by imprisonment in the state prison, or in a county jail, as the case may be, for a term not exceeding one-half the longest term of imprisonment prescribed upon a conviction of the offense so attempted; provided, however, that if the crime attempted is murder, robbery, crime against nature or lewd and lascivious conduct the person guilty of such attempt shall be punishable by imprisonment in the state prison for a term not more than twenty years.

2. If the offense so attempted is punishable by imprisonment in the state prison for any term less than five years, the person guilty of such attempt is punishable by imprisonment in the county jail for not more than one year.

3. If the offense so attempted is punishable by a fine, the offender convicted of such attempt is punishable by a fine not exceeding one-half the largest fine which may be imposed upon a conviction of the offense so attempted.

4. If the offense so attempted is punishable by imprisonment and by a fine, the offender convicted of such attempt may be punished by both imprisonment and fine, not exceeding one-half the longest term of imprisonment and one-half the largest fine which may be imposed upon a conviction for the offense so attempted.

1923–625. 665. The last two sections do not protect a person who, in attempting unsuccessfully to commit a crime, accomplishes the commission of another and different crime, whether greater or less in guilt, from suffering the punishment prescribed by law for the crime committed.

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