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omitted because it is anomalous, and amounts to confer-
ring a pardoning power upon the court:

66

Any person offending against any of the provisions contained in this article, who shall be admitted and examined as a witness in any court of record, to sustain any suit or prosecution herein authorized, may, by rule of the court, be discharged from all penalties by reason of such offense, if such person hath not been before convicted thereof, or of a similar offense, and if it appear to the court satisfactorily that such person was duped or enticed into the commission of the offense by those against whom he shall testify." 1 Rev. Stat., 664, § 21. As to witness' privilege, see note to section 200.

S 392. Every person who keeps any building or part of any building, or any vessel or float to be used or occupied for gambling, and every owner, agent or superintendent of any such place who knowingly lets the same or allows it to be used or occupied for gambling, is guilty of a misdemeanor.

See Laws of 1851, ch. 504, § 1.

S393. Every person who, for gambling purposes, keeps or exhibits any gambling table, establishment, device or apparatus, or is guilty of dealing "faro" or banking for others to deal "faro," or acting as "look-out" or game-keeper for the game of "faro," or any other banking game where money or property is dependent upon the result, or who sells or vends what are commonly called lottery policies, or any writing, card, paper or document in the nature of a bet, wager, or insurance upon the drawing or drawn numbers of any public or private lottery, or indorses a book or any other document for the purpose of enabling others to sell or vend lottery policies, is deemed a common gambler, and is punishable as for a misdemeanor.

Laws of 1851, ch. 504, § 2, as amended Laws of 1855, ch. 214, the punishment being modified. By the existing laws the punishment prescribed is that the accused shall be sentenced "to not less than ten days' hard labor in the penitentiary, or not more than two years' hard labor in the state prison, and be fined in any sum not more than one thousand dollars, to be paid into the

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Seizure of gambling

authorized.

county treasury where such conviction shall take place, for the use of the common schools therein, to be divided among the school districts in that county, in the same manner as the school money of the state is divided among said districts, and in default thereof shall remain imprisoned until such fine be remitted or paid." This punishment is anomalous, and the offense has, therefore, been declared a misdemeanor, in order to harmonize the penalties throughout the Code.

S 394. Every person who is authorized or enjoined implements to arrest any person for a violation of the provisions of this chapter, is equally authorized and enjoined to seize any table, cards, dice or other article or apparatus, suitable to be used for gambling purposes, found in the 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.

Such implements to be destroyed

or delivered to district attorney.

Such imple

ment to be

Provisions regulating the issuing and execution of search warrants, applicable to cases, among others, where it is desired to discover property which is in possession of any person with intent to use it as the means of committing a public offense, are reported, Code Cr. Pro., §§ 861-883.

S 395. The magistrate to whom any thing suitable to be used for gambling purposes is delivered pursuant to the foregoing section, shall, upon the examination of the accused, or if such examination is delayed or prevented, without awaiting such examination, determine the character of the thing so delivered to him, and whether it was actually employed by the accused in violation of the provisions of this chapter; and if he finds that it is of a character suitable to be used for gambling purposes, and that it has been used by the accused in violation of this chapter, he shall cause it to be destroyed or to be delivered to the district attorney of the county in which the accused is liable to indictment or trial, as the interests of justice, in his judgment, require.

S396. Upon the conviction of the accused such destroyed district attorney shall cause any such thing suitable

viction.

to be used for gambling purposes, in respect whereof upon conthe accused stands convicted, and which remains in the possession or under the control of such district attorney, to be destroyed.

S397. Every person who persuades another to visit any building or part of a building, or any vessel or float used or occupied for the purpose of gambling, in consequence whereof such other person gambles therein, is guilty of a misdemeanor; and in addition to the punishment prescribed therefor, is liable to such other person in an amount equal to any money or property lost by him at play at such place, to be recovered in a civil action.

Founded on Laws of 1851, ch. 504, § 2.

Persuading person to ling places.

another

visit gamb

officers

directed to

prosecute

S398. It is the duty of all sheriffs, police officers, Certain constables, and prosecuting or district attorneys to inform against and prosecute all persons whom they offenses have credible reason to believe are offenders against chapter. the provisions of this chapter; and any omission so to do is punishable by a fine not exceeding five hundred dollars.

See Laws of 1851, ch. 504, § 6.

$399. If any commander, owner or lessee of any vessel or float, knowingly permits any gambling for money or property on board such vessel or float, and does not, upon his knowledge of the fact, immediately prevent the same, he is punishable by a fine not exceeding five hundred dollars; and in addition thereto is liable to any party losing any money or property by means of any gambling permitted in violation of this section, in a sum equal to the money or property, to be recovered in a civil action.

See Laws of 1851, ch. 504, § 7.

$ 400. All racing or trial of speed between horses or other animals for any bet, stake or reward, except such as is allowed by special laws, is a common nuisance; and every person acting or aiding therein, or making or being interested in any such bet, stake or

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reward is guilty of a misdemeanor; and in addition to the penalty prescribed therefor he forfeits all title or interest in any animal used with his privity in such race or trial of speed, and in any sum of money or other property betted or staked upon the result thereof.

See Rep. Pol. Code, §§ 775, 777, 778.

Pawnbroking without a license.

Refusal to exhibit stolen goods to

owner.

Selling be

fore time to redeem

has expired and refusing to disclose par

CHAPTER X.

PAWNBROKERS.

SECTION 401. Pawnbroking without a license.

402. Refusing to exhibit stolen goods to owner.

403. Selling before time to redeem has expired and refusing to disclose particulars of sale.

S 401. Every person who carries on the business of a pawnbroker, by receiving goods in pledge for loans at any rate of interest above that allowed by law, except by authority of a license from a municipal corporation empowered to grant licenses to pawnbrokers, is guilty of a misdemeanor.

See 1 Rev. Stat., 711, § 9.

$402. Every pawnbroker or person carrying on the business of a pawnbroker, and every junk dealer, who having received any goods which have been embezzled or stolen, refuses or omits to exhibit them, upon demand, during the usual business hours, to the owner of said goods or his agent authorized to demand an inspection thereof, is guilty of a misdemeanor.

S403. Every pawnbroker who sells any article received by him in pledge, before the time to redeem the same has expired, and every pawnbroker who ticulars of willfully refuses to disclose the name of the purchaser and the price received by him for any article received by him in pledge, and subsequently sold, is guilty of a misdemeanor.

sale.

TITLE XI.

OF OTHER INJURIES TO PERSONS.

SECTION 404. Acts of intoxicated physicians.
405. Willfully poisoning food, &c.
406. Overloading passenger vessel.
407. Mismanagement of steamboats.
408. Mismanagement of steam boilers.
409. Fictitious copartnership names.
410. Counterfeiting trade marks.

411. Keeping dies, &c., with intent to counterfeit trade marks.
412. Selling goods which bear counterfeit trade marks.

413. Colorable imitations of trade marks.

414. "Trade mark" defined.

415. "Goods" defined.

416. "Affixing" defined.

417. Refilling or selling stamped mineral water bottles, &c.
418. Keeping such bottles with intent to refill or sell them.
419. Search for bottles kept in violation of law, authorized.
420. Defacing marks upon wrecked property.

421. Defacing marks upon logs or lumber.

422. Officer unlawfully detaining wrecked property.

423. Fraud in affairs of limited partnership.

424. Solemnizing unlawful marriages.

425. Unlawful confinement of idiots, insane persons, &c.

426. Taking usury.

427. Reconfining persons discharged upon writ of deliverance.
428. Concealing persons entitled to writ of deliverance.
429. Assisting to secrete such persons.

S 404. Every physician, who, being in a state of intoxication, administers any poison, drug or medicine, or does any other act as such physician, to another person, by which the life of such other is endangered, is guilty of misdemeanor.

See 2 Rev. Stat., 694, § 22; and supra, § 257.

Acts of inphysicians.

toxicated

poisoning

S 405. Every person who willfully mingles any willfully poison with any food, drink or medicine, with intent food, &c. that the same shall be taken by any human being to his injury, and every person who willfully poisons any spring, well or reservoir of water, is punishable by imprisonment in a state prison not exceeding ten years, or in a county jail not exceeding one year, or

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