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.

Enacted February 14, 1872, founded on § 1 Act April 8, 1859, Stats. 1859, p. 188.

§ 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.

Enacted February 14, 1872, founded on § 1 Act April 8, 1859, Stats. 1859, p. 188.

§ 306. PROCURING FEMALE UNDER SEVENTEEN YEARS OF AGE TO PLAY MUSICAL INSTRUMENTS IN PUBLIC. FEMALE UNDER SEVENTEEN PLAYING MUSICAL INSTRUMENT IN PUBLIC. [Repealed.]

Enacted February 14, 1872, founded on § 1 Act March 17, 1860, Stats. 1860, p. 86; amended March 10, 1874, Code Amdts. 1873-4, p. 459; March 30, 1874, Code Amdts. 1873-4, p. 460; repeal by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 452, act held unconstitutional, see history, § 5 ante; re-repealed March 21, 1905, Stats. and Amdts. 1905, p. 658.

Every

§ 307. PROHIBITING THE SALE OF OPIUM. MISDEMEANOR. 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.

Enacted March 30, 1874, Code Amdts. 1873-4, p. 459; as originally enacted prohibited the employing of females, etc., for hire to dance, promenade, and exhibit themselves, etc., in public gardens, etc.; original act repealed March 30, 1874, Code Amdts. 1873-4, p. 461; present section enacted March 4, 1881, Stats. and Amdts. 1881, p. 34; amendment by Code Commission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 452, act held unconstitutional, see history, § 5 ante.

§ 308. SELLING TOBACCO TO MINORS. Every person, firm or corporation which sells or gives or in any way furnishes to another person who is in fact under the age of eighteen years any tobacco, cigarette or cigarette papers or any other preparation of tobacco is guilty of a misdemeanor and upon conviction thereof shall be punished for the first offense by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment for not more than sixty days; and for the second offense by a fine of not less than fifty dollars nor more than two hundred dollars, or by imprisonment for not more than ninety days; and for each subsequent offense by a fine of not less than one hundred dollars and not more than three hundred dollars, or by imprisonment for not less than ninety days nor more than six months, or by both such fine and imprisonment.

[Dealers to post copy of act.] Every person, firm or corporation which sells, or deals in tobacco or any preparation thereof shall, within ninety days after this act becomes effective, post conspicuously and keep so posted in his or their place of business a copy of this act, and any such person failing to do so shall upon conviction be punished by a fine of five dollars for the first offense and twenty-five dollars for each succeeding violation of this provision, or by imprisonment for not more than thirty days.

[Secretary of state to furnish.] The secretary of state is hereby authorized to have

printed sufficient copies of this act to enable him to furnish dealers in tobacco with copies thereof upon their request for the same.

Enacted March 10, 1891, Stats. and Amdts. 1891, p. 64; amended March 24, 1911, Stats. and Amdts. 1911, p. 481.

§ 308a. [No section of this number.]

§ 308b. REFUSAL TO USE TEXT-BOOKS PRESCRIBED, ETC. REFUSAL, ETC., TO MAKE REPORT. PENALTY. Any principal, teacher, employee or school officer of any elementary or secondary school who refuses to use the text-books prescribed by the proper authority for use in the elementary or secondary schools under his charge, who causes any pupil to purchase any supplementary book or books for said pupil's use in the schools, or who refuses or wilfully neglects to make such reports as are required by law, is guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not more than one hundred dollars.

[In effect when.] Sec. 2. This act shall take effect and be in force on and after July 1, 1909.

Enactment approved March 18, 1909, Stats. and Amdts. 1909, p. 403.

Note: Section manifestly misplaced, as it has nothing to do with religion, conscience, or good morals.

§ 309. TO PREVENT ADMISSION OF MINORS TO HOUSES 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 minor, or sanction, or connive at the admission or keeping thereof, into, or in any such house, or room, shall be guilty of a misdemeanor.

Enacted April 12, 1880, Code Amdts. 1880 (Pen. C. pt.), p. 36.

§ 310. UNITED STATES FLAG. DESECRATION, MUTILATION, OR IMPROPER USE OF. PENALTY. Any person, firm or corporation, who, in any manner, for exhibition or display, puts, places, or causes to be placed, an inscription, picture, device, design, symbol, name, advertisement, word, letter, character, mark or notice of any kind whatsoever, upon any flag of the United States, or ensign evidently purporting to be such flag, or who in any manner appends, annexes or affixes to any such flag any inscription, picture, device, symbol, name, advertisement, word, letter, character, mark or notice whatsoever, or who displays or exhibits, or causes to be displayed or exhibited, any flag of the United States or ensign purporting to be such flag, upon which is put, attached, annexed, affixed or placed in any manner, any inscription, picture, design, device, symbol, name, advertisement, word, letter, mark or notice whatsoever, or who mutilates, tramples upon, or otherwise defaces or defiles any such flag, said flag being public or private property, or who places or causes to be placed on any manufactured or prepared article or covering of said article, such flag or indication of such flag, or who uses or causes to be used for purposes of a commercial or other trade-mark, such flag or indication of such flag, shall be fined not more than two hundred dollars or imprisoned not more than one year, or both, for each and every offense, in the county jail of the county in which the trial is held; provided, however, that flags or ensigns, the property of and used in the service of the United States, or any state, territory or District of Columbia, may have inscriptions, names of actions, battles, skirmishes, or words, marks or symbols, which are placed thereon pursuant to law or authorized regulations.

History: Enactment approved March 18, 1909, Stats. and Amdts. 1909, p. 401; amendment approved April 5, 1917, Stats. and Amdts. 1917, p. 43. In effect July 27, 1917.

§ 310%. BARBER SHOPS AND BATH HOUSES MUST NOT BE CONDUCTED AFTER TWELVE M. SUNDAY. [Repealed].

Enactment approved March 27, 1895, Stats. and Amdts. 1895, p. 247; repeal by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 452, act held unconstitutional, see history, § 5 ante; repealed March 21, 1905, Stats. and Amdts. 1905, p. 658.

§ 310a. PROTECTION OF BEAR FLAG. Any person, firm or corporation who in any manner, for exhibition or display, puts, places or causes to be placed, an inscription, picture, device, design, symbol, name, advertisement, word, letter, character, mark or notice of any kind whatsoever upon any flag of the State of California, as designated and described in "An act to select and adopt the Bear Flag as the state flag of California," approved February 3, 1911, or ensign evidently purporting to be such flag or any design thereof, or who in any manner appends, annexes or affixes to any such flag or any design thereof any inscription, picture, device, symbol, name, advertisement, word, letter, character, mark or notice whatsoever, or who displays or exhibits, or causes to be displayed or exhibited, any flag of the said State of California or ensign purporting to be such flag or any design thereof, upon which is put, attached, annexed, affixed or placed in any manner, any inscription, picture, design, device, symbol, name, advertisement, word, letter, mark or notice whatsoever, or who mutilates, tramples upon, or otherwise defaces or defiles any such flag or any design thereof, said flag being public or private property, or who places or causes to be placed on any manufactured or prepared article or covering of said article, such flag or indication of such flag, or who uses or causes to be used for purposes of an advertisement or of a commercial or other trademark, such flag or indication of such flag, shall be fined not more than two hundred dollars or imprisoned not more than one year, or both, for each and every offense, in the county jail of the county in which the trial is held; provided, however, that flags or ensigns, the property of and used in the service of the United States may have inscriptions, names of actions, battles, skirmishes, or words, marks or symbols, which are placed thereon pursuant to law or authorized regulations; and provided, further, that patriotic societies which at the date of the passage hereof have and are using as emblems or badges of membership in said societies a design consisting of a single star and stripe and a bear, together with words or letters on or in proximity to the design indicating the society of which it is the emblem, may continue the manufacture and use of such emblems or badges as insignia of membership in said societies.

Enactment approved April 30, 1919, Stats. and Amdts. 1919, p. 147.

CHAPTER VIII.

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

§ 311. INDECENT EXPOSURES, EXHIBITIONS, AND PICTURES. Every persons who wilfully 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 advertisement 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 misde

meanor.

Enacted February 14, 1872, founded on § 1 Act April 16, 1859, Stats. 1859, p. 297; amendment approved March 30, 1874, Code Amdts. 1873-4, p. 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 section, 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.

Enacted February 14, 1872, founded upon § 3 Act April 16, 1859, Stats. 1859, p. 297,

§ 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.

Enacted February 14, 1872, founded upon Act April 16, 1859, Stats. 1859, p. 297.

§ 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.

Enacted February 14, 1872, founded upon § 3 Act April 16, 1859, Stats. 1859, p. 297; amendment by Code Commission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 452, act held unconstitutional, see history, § 5 ante.

§ 315. KEEPING OR RESIDING IN HOUSE OF ILL-FAME. PROOF. Every person who [1] keeps a house of ill-fame in this state, resorted to for the purposes of prostitution or lewdness, or [2] who wilfully resides in such house, is guilty of a misdemeanor; and in all prosecutions for keeping or resorting to such a house common repute may be received as competent evidence of the character of the house, the purpose for which it is kept or used, and the character of the women inhabiting or resorting to it.

Enacted February 14, 1872, founded on § 1 Act April 2, 1855, Stats. 1855, p. 76; amendment by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 452, act held unconstitutional, see history, § 5 ante; amendment re-enacted March 21, 1905, Stats. and Amdts. 1905, p. 668.

§ 316. KEEPING DISORDERLY HOUSES, ETC. Every person who [1] keeps any [a] disorderly house, or [b] any house for the purpose of assignation or prostitution, or [c] any house of public resort, by which the peace, comfort, or decency of the immediate neighborhood is habitually disturbed, or who [2] keeps any inn in a disorderly manner; and every person who [3] lets any apartment or tenement, knowing that it is to be used for the purpose of assignation or prostitution, is guilty of a misdemeanor.

Enacted February 14, 1872; amendment approved March 30, 1874, Code Amdts. 1873-4, p. 430.

§ 317. UNLAWFUL ADVERTISEMENTS [TO PRODUCE MISCARRIAGE.] Every person who wilfully writes, composes, or publishes any notice or advertisement of any medicine or means for producing or facilitating a miscarriage or abortion, or for the prevention of conception, or who offers his services by any notice, advertisement, or otherwise, to assist in the accomplishment of any such purpose, is guilty of a felony.

Enactment approved March 30, 1874, Code Amdts, 1873-4, p. 430.

§ 318. PREVAILING UPON ANY PERSON TO VISIT A PLACE KEPT FOR GAMBLING OR PROSTITUTION, A MISDEMEANOR. Whoever, through invitation or device, prevails upon any person to visit any room, building, or other places kept for the purpose of gambling or prostitution, is guilty of a misdemeanor, and, upon conviction thereof, shall be confined in the county jail not exceeding six months, or fined not exceeding five hundred dollars, or be punished by both such fine and imprisonment. Enactment approved April 16, 1880, Code Amdts. 1880 (Pen. C. pt.), p. 40.