§ 367a. UNAUTHORIZED use of DRAMATIC OR MUSICAL COMPOSITIONS. PENALTY. Any person who causes to be publicly performed or represented for profit any unpublished or undedicated dramatic composition or dramatic-musical composition known as an opera, without the consent of its owner or proprietor, or who, knowing that such dramatic or musical composition is unpublished or undedicated, and without the consent of its owner or proprietor, permits, aids, or takes part in such a performance or representation, or who sells a copy or a substantial copy of any unpublished, undedicated or copyrighted dramatic composition or musical or dramatic-musical composition, known as an opera, without the consent of the author or proprietor of such dramatic or dramatic-musical composition shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than fifty dollars, and not more than three hundred dollars, or be imprisoned for not less than thirty days [n]or more than three months, or both such fine and imprisonment.

Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 248.

§ 367b. HAZING A MISDEMEANOR. Whosoever being a student, or being a person in attendance at any public, private, parochial, or military school, college, or other educational institution, conspires to haze or engages in hazing or commit [s] any act that injures, degrades or disgraces, or tends to injure, degrade, or disgrace any fellow student or person attending such institution shall be guilty of a misdemeanor, and upon conviction shall be fined not less than fifty nor more than five hundred dollars, or imprisoned in the county jail not more than six months, or both.

Enactment approved March 22, 1907, Stats. and Amdts. 1907, p. 888, Kerr's Stats. and Amdts. 1906-7, p. 524.

§ 367c. AUTOMOBILE, ETC., DRIVER IN COLLISION, DUTY OF. PENALTY. Whenever an automobile, motorcycle, or other motor vehicle or any vehicle whatsoever, regardless of the power by which the same may be propelled or drawn, strikes any person, or collides with any vehicle containing a person, the driver of, and all persons in, such automobile, motorcycle or other motor vehicle, or other vehicle, who have or assume authority over such driver, shall immediately cause such automobile, motorcycle, or other motor vehicle, or other vehicle, to stop, and shall render to the person struck, or to the occupants of the vehicle collided with, all necessary assistance including the carrying of such person or occupant to a physician or surgeon for medical or surgical treatment, if such treatment be required, or if such carrying is requested by the person struck or the occupant of the vehicle struck; and such driver, and person having or assuming authority over such driver, shall further give to the occupants of such vehicle or person struck, the number of such automobile, motorcycle, or other motor vehicle, or other vehicle, if the same have a number, together with the name and address of the driver of such automobile, motorcycle or other motor vehicle, or other vehicle, also the name of the owner thereof and the name of the passenger, or passengers not exceeding five in each automobile, motorcycle, or other motor vehicle, or other vehicle at the time of such striking or collision. Any person violating any of the provisions of this section is punishable by imprisonment in the state prison not exceeding five years or in the county jail not exceeding one year, or by fine not exceeding five thousand dollars, or by both such fine and imprisonment.

Enactment approved February 17, 1911, Stats. and Amdts. 1911, p. 62; amendment approved May 22, 1913, Stats, and Amdts. 1913, p. 218. In effect August 10, 1913.

§ 367d. DRIVING AUTOMOBILE OR MOTORCYCLE WHILE INTOXICATED. Any person operating or driving an automobile, motorcycle or other motor

vehicle who becomes or is intoxicated while so engaged in operating or driving such automobile, motorcycle or other motor vehicle shall be guilty of a misdemeanor.

Enactment approved February 28, 1911, Stats. and Amdts 1919, p. 90.

§ 367e. INTOXICATED AUTOMOBILE OR MOTORCYCLE DRIVER. PENALTY. Any person operating or driving an automobile, motorcycle or other motor vehicle, who becomes or is intoxicated while so engaged in operating or driving such automobile, motorcycle or other motor vericle, and who by reason of such intoxication does any act, or neglects any duty imposed by law, which act or neglect of duty causes the death of, or bodily injury to, any person, shall be punishable by imprisonment in the state's prison not exceeding five years, or in the county jail not exceeding one year, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment. Enactment approved March 7, 1911, Stats. and Amdts. 1911, p. 288.

TITLE X.

OF CRIMES AGAINST PUBLIC HEALTH AND SAFETY.

§ 402e. Animals afflicted with certain diseases.

Veterinary practitioner
Penalty.

to

report.

§ 402e[2]. Public laundry. Receiving linen, etc., from hospitals, etc., where contagious or infectious diseases are treated. A misdemeanor.

§ 402f. "Pillow" defined. Regulating making and sale of.

§ 368. DEATH FROM EXPLOSION, ETC. Every person having charge of any steam boiler or steam engine, or other apparatus for generating or employing steam, used in any manufactory, or on any railroad, or in any vessel, or in any kind of mechanical work, who wilfully, or from ignorance or neglect, creates, or allows to be created, such an undue quantity 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. Enacted February 14, 1872.

As to bringing explosives into jails and other institutions, see ante, § 171a.

As to burglary with explosives, see post., § 464.

As to careless and malicious use of dynamite and other explosives, see Act March 12, 1887, Stats. and Amdts. 1887, p. 110.

As to carrying and keeping explosives in cities, see post, § 375.

As to malicious deposit of explosives, see Act March 12, 1887, Stats. and Amdts. 1887, p. 110, § 8.

As to malicious use of explosives, see post, § 601.

As to mismanagement of steamboats, see ante, § 348.

As to mismanagement of steam boilers, see ante, §.349.

As to placing explosives upon railroad track, see ante, § 218.

As to recklses possession of explosives, see Act March 12, 1887, Stats. and Amdts. 1887, p. 110, §§ 5, 6.

As to record of sales of explosives and what record must show, see post, § 375a; Act May 18, 1917, Stats. and Amdts. 1917, p. 695, and May 2, 1919, Stats, and Amdts. 1919, p. 148.

As to transportation of high explosives, see Act March 12, 1887, Stats. and Amdts. 1887, p. 110, § 9.

As to transportation, storage and sale of high explosives, see Act March 21, 1911, Stats. and Amdts. 1911, p. 391, as amended May 18, 1917, Stats. and Amdts. 1917, p. 148. As to unlawful possession of explosives and punishment for, see Act March 12, 1887, Stats. and Amdts. 1887, p. 110, § 7; see also post, § 375.

§ 368a. HATCH-TENDER FOR SHIPS OF FIFTY TONS CAPACITY. PENALTY. Any person, firm or corporation engaged in the business of loading or unloading ships or vessels, or who contracts to load or unload a ship or vessel, or who shall be in charge of a ship or vessel while the same is being loaded or unloaded, or who is authorized to load or unload any ship or vessel, having a carrying capacity of fifty tons or greater, shall employ and supply upon every ship or vessel while being loaded or unloaded, a person over the age of twenty-one years to act as signal man or hatch-tender whose sole duty it shall be to observe the operations of loading or unloading of each working hatch on such ship or vessel, and to warn all persons engaged in the operation of loading or unloading of any possibility of any injury to any of the articles of which the cargo is composed, or of danger to any person engaged or being in or about the said ship or vessel while the same is being loaded or unloaded as aforesaid. Any person, firm, or corporation violating the provisions of this act is guilty of a misdemeanor.

Enactment approved June 10, 1913, Stats. and Amdts. 1913, p. 543. In effect August 10, 1913.

§ 369. DEATH FROM COLLISION ON RAILROADS. 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 suffers or causes the same to collide with another car, locomotive, or train, or with any other object or thing 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.

Enacted February 14, 1872.

§ 369a. STREET CARS AND DUMMIES TO BE SUPPLIED WITH PROPER BRAKES AND FENDERS. Any person, company, or corporation, operating cars on

the streets of cities or towns, or on the county roads within the state, for the conveyance of passengers, propelled by means of wire ropes attached to stationary engines, or by electricity or compressed air, who runs, operates, or uses any car or dummy, unless each car and dummy, while in use, is fitted with a brake capable of bringing such car to a stop within a reasonable distance, and a suitable fender, or appliance placed in front or attached to the trucks of such dummy or car, for the purpose of removing and clearing obstructions from the track, and preventing any obstacles, obstructions, or person on the track from getting under such dummy or car, and removing the same out of danger, and out of the way of such dummy or car, is guilty of a misdemeanor. Where the board of supervisors of any county, or the city council or other governing body of any city, by ordinance, order, or resolution, prescribes the fender or brake to be used as aforesaid, then a compliance with such ordinance, order, or resolution must be deemed a full compliance with the provisions of this section.

Enactment by Code Commission, Act March 16, 1901, a codification of Act March 22, 1899 (Stats. and Amdts. 1899, p. 183), Stats. and Amdts. 1900-1, p. 454, act held unconstitutional, see history, § 5 ante; re-enacted March 22, 1905, Stats. and Amdts. 1905, p. 766.

§ 369b. RAILROAD COMPANIES TRANSPORTING cattle, ETC., CONFINING IN CARS LONGER THAN A CERTAIN TIME WITHOUT UNLOADING AND FEEDING. Any officer, agent or conductor of any company or person operating any railroad in this state, who in carrying and transporting cattle, sheep, or swine in carload lots, confines the same in cars for a longer period than thirty-six consecutive hours, without unloading for rest, water and feeding, for a period of at least ten consecutive hours, is guilty of a misdemeanor. In estimating such time of confinement, the period during which the animals have been confined without such rest on connecting roads from which they are received, must be computed.

[Charges a lien upon animals.] In case the owner or person in charge of such animals refuses or neglects to pay for the care and feed of animals so rested, the company or person operating such railroad may charge the expense thereof to the owner or consignee and retain a lien upon the animals therefor until the same is paid.

Enactment by Code Commission, Act March 16, 1901, a codification of § 2, ch. III, Act April 1, 1878, Stats. 1877-8, p. 985), Stats, and Amdts. 1900-1, p. 455, act held unconstitutional, see history, § 5 ante; re-enacted March 21, 1905, Stats. and Amdts. 1905, p. 672.

§ 369c. OBSTRUCTING HIGHWAY BY TRAIN OF CARS. [Held unconstitutional.]

Enactment by Code Commission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 455, act held unconstitutional, see history, § 4 ante; not since re-enacted.

§ 369d. CLOSING OF GATES AT RAILROAD CROSSINGS. Any person who enters upon or crosses any railroad, at any private passway, which is inclosed by bars or gates, and neglects to leave the same securely closed after him, is guilty of a misdemeanor. Enactment by Code Commission, Act March 16, 1901, (a codification § 4, ch. III, Act April 1, 1878, Stats. 1877-8, p. 985), Stats, and Amdts. 1900-1, p. 455, act held unconstitutional, see history, § 5 ante; re-enacted March 22, 1905, Stats. and Amdts. 1905, p. 766.

§ 369e. ANIMALS FEEDING ALONG RAILROAD TRACKS. Any person who leads, drives, or conducts any beast along the track of a railroad, except where the railroad is built within the limits of a public highway, or who places, or having the right to prevent it, suffers any animal to be placed within the fences thereof for grazing or other purposes, is guilty of a misdemeanor.

Enactment by Code Commission, Act March 16, 1901, (a codification of § 5, ch. III, Act April 1, 1878, Stats. 1877-8, p. 985), Stats. and Amdts. 1900-1, p. 456, act held unconstitutional, see history, § 5 ante; re-enacted March 22, 1905, Stats. and Amdts. 1905, p. 767.