has been guilty of a violation of section 417, such magistrate shall proceed to impose the fine therein prescribed, and, if the same be not paid, to commit such person to prison for a term not exceeding fifteen days. See Laws of 1860, ch. 117, § 2. marks upon property. S 420. Every person who defaces or obliterates the Defacing marks upon wrecked property, or in any manner dis- wrecked guises the appearance thereof with intent to prevent the owner from discovering its identity, or who destroys or suppresses any invoice, bill of lading or other document tending to show the ownership, is guilty of a misdemeanor. Rep. Pol. Code, § 305. marks upon ber. S 421. Every person who cuts out, alters or defaces Defacing any mark made upon any log or lumber, whether logs or lumsuch mark be recorded or not, or puts a false mark upon any log or lumber floating in any of the waters of this state or lying upon land, is guilty of a misde meanor. Rep. Pol. Code, § 295. lawfully wrecked S422. Every officer who, without authority of law officer undetains any wrecked property or the proceeds thereof, detaining after the salvage and expenses chargeable thereon property have been paid or offered to him, or who is guilty of any fraud, embezzlement or extortion in the discharge of his duties, or who violates any provision of Article IV of Chapter I of Title III of the Political Code, is guilty of a misdemeanor. Rep. Pol. Code, § 303. S423. Every member of a limited partnership who is guilty of any fraud in the affairs of the partnership, is guilty of a misdemeanor. See 1 Rev. Stat., 766, § 19. $424. Every minister, or magistrate who solem-Solemniznizes any marriage where either of the parties is ing unlawful marriages. Unlawful confinement of idiots, insane persons, &c. Taking usury. Reconfining persous discharged upon writ of deliverance. Concealing persons entitled to writ of deliverance. known to him to be within the age of legal consent, or to be an idiot or an insane person, or any marriage to which within his knowledge any legal impediment exists, is guilty of a misdemeanor. 66 Corresponds with 2 Rev. Stat., 140 [§ 12]. The words 19 an insane person are substituted for the word "lunatic" as there may be forms of insanity which incapacitate from marriage, which are not embraced in the term "lunatic as now usually employed. S 425. Every overseer of the poor, constable, keeper of a jail or other person who confines any idiot, lunatic or insane person in any other manner or in any other place than is authorized by law, is guilty of a misdemeanor. See 1 Rev. Stat., 625, § 11. S426. Every person who directly or indirectly receives any interest, discount, or consideration upon the loan or forbearance of any money, goods or things in action greater than is allowed by law, is guilty of a misdemeanor. See 1 Rev. Stat., 773, § 15. S427. Every person who either solely or as a member of a court, in the execution of a judgment, order or process, knowingly recommits, imprisons or restrains of his liberty, for the same cause, any person who has been discharged from imprisonment upon a writ of deliverance, is guilty of a misdemeanor; and in addition to the punishment prescribed therefor, he forfeits to the party aggrieved, one thousand dollars to be recovered in a civil action. Corresponds with Rep. Code Civ. Pro., § 1339. S 428. Every person having in his custody or power or under his restraint a party who, by the provisions of Chapter V of Title II of Part III of the Code of Civil Procedure, would be entitled to a writ of deliverance, or for whose relief a suit of deliverance has been issued, who, with intent to elude the service of such or suit, to avoid the effect thereof, transfers the party to the custody, or places him under the power or control of another, or conceals or changes the place of his confinement, or who without lawful excuse refuses to produce him is guilty of a misdemeanor. Rep. Code Civ. Pro., § 1340. to secrete S 429. Every person who knowingly assists in the Assisting violation of the last section is guilty of a misde- such per meanor. Rep. Code Civ. Pro., § 1341. The provision of 2 Rev. Stat., 149, § 7,-viz.: That “if any member of the society of Shakers, or any other person, shall send or carry, or cause to be sent or carried, any such child out of this state, or shall secrete such child or cause such child to be secreted within this state, so that such writ of habeas corpus cannot be executed, the person so offending shall be deemed guilty of a misdemeanor, and on conviction shall be fined not exceeding two hundred dollars, or be imprisoned not more than six months or both,-is omitted, as being merged in the preceding provisions. sons. TITLE XII. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY. SECTION 430. "Public nuisance" defined. 431. Unequal damage. 432. Maintaining a nuisance a misdemeanor. 433. Keeping gunpowder unlawfully. 434. Throwing gas tar into public waters. 435. Violations of quarantine laws, by master of vessel. 437. Landing from vessel before visit of health officers. 439. Violating quarantine regulations. 440. Obstructing health officer in performance of his duty. 441. Willful violation of health laws. 442. Unlicensed piloting. 443. Coasting steamers excepted. 444. Acting as portwarden without authority. 445. Apothecary omitting to label drugs, or labeling them wrongly. "Public nuisance" defined. SECTION 446. Apothecary selling poison without recording the sale. 447. Refusing to exhibit record. 448. Selling poison without label. 449. Omitting to mark name upon package of hay. 450. Putting extraneous substances in packages of goods usually sold by weight, with intent to increase weight. 451. Adulterating food, drugs, liquors, &c. 452. Disposing of tainted food. 453. Making or keeping slung shot. 454. Carrying upon the person, or using or attempting to use slung shot. 455. Carrying concealed weapons. 456. Negligence in respect to fires. 457. Refusing to assist in extinguishing fire in the woods. 458. Obstructing attempts to extinguish fires. 459. Maintaining ferry without authority of law. 460. Violating condition of recognizance to keep a ferry. 461. Engineer omitting to ring bell or sound whistle when locomotive crosses highway. 462. Intoxication of engineers, conductors and drivers upon railroads. 463. Violations of duty by officers, agents or servants of railroad companies. 464. Duty of guarding ice cuttings. 465. How long such guards must be maintained. 466. Violation of duty to maintain guards around ice cuttings a misdemeanor. 467. Using net or weir unlawfully in Hudson river. 468. Exposing person affected with a contagious disease, in a public place. 469. Frauds practised to affect the market price. 470. Publishing false statements in newspapers. 472. Racing upon highways. S430. A public nuisance is a crime against the order and economy of the state; and consists in unlawfully doing any act or omitting to perform any duty required by the public good, which act or omission either: 1. Annoys or injures the comfort, repose, health or safety of any considerable number of persons; or, 2. Offends public decency; or, 3. Unlawfully interferes with, obstructs, or tends to obstruct any lake, or any navigable river, bay, stream, canal or basin, or any public park, square, street or highway; or, 4. In any way renders life, or the use of property uncomfortable. Suggested as more appropriate for this Code than the definitions given in the Draft Civil Code, sections 1571, 1572, which are as follows: "S 1571. That is a nuisance which wrongfully causes loss, harm, annoyance, or great apprehension of danger, by: 1. Creating public alarm; 2. Disturbing public order; 3. Endangering the public health; 4. Offending public decency; 5. Obstructing a right of way; 6. Disgusting the senses; or, 7. In any way rendering life or the use of property uncomfortable." "§ 1572. A public nuisance is one which affects equally the rights of the whole community or neighborhood, although the extent of the damage may be unequal." The reasons for the change are chiefly: 1. That, while the definition in the Civil Code properly embraced both private and public nuisances, it is unnecessary for the purposes of the Penal Code to include private nuisances in the definition; and, 2. That the specific prohibition in other chapters of the Code, of some acts which have formerly been classed under the general term "public nuisance," has rendered it practicable to restrict the definition of that term, in this Code, to some extent. The following are the leading decisions which support the several clauses of the definition in the text. Subd. 1. Rex v. Wigg, Salk., 460; 2 Ld. Raym., 1163; Rex v. Pierce, 2 Show., 327; Rex v. Wharton, 12 Mod., 510; Rex v. Smith, 1 Stra., 704; Rex v. Moore, 3 Barn. & Ad., 184; Rex v. White, 1 Burr., 333; Rex v. Davey, 5 Esp., 217; Rex v. Lloyd, 4 Id., 200; Rex v. Neil, 2 Carr. & P., 485; Putnam v. Payne, 13 Johns., 312; Hinckley v. Emerson, Cow., 351; State v. Baldwin, 1 Dev. & B., 195; Commonwealth v. Brown, 13 Metc., 365; Reg. v. Lester, 3 Jur. (N. S.), 570; Douglass v. State, 4 Wisc., 387. Subd. 2. State v. Bertheol, 6 Blackf., 474; State v. Purse, 4 McCord, 472; Crane v. State, 3 Ind., 193. Subd. 3. Hall's case, Vent., 196; 1 Mod., 76; 2 Keb., 846; Rex v. Leach, 6 Mod., 145; Id., 155; Rex v. Grosvenor, 2 Stark., 511; Rex v. Hollis, Id., 536; Rex v. Webb, 1 Ld. Raym., 737; Rex v. Russell, Barn. & C., 566; Rex v. Trafford, 1 Barn. & Ad., 874; Rex v. Watts, 2 Esp., 675; Rex v. Tindall, 1 Nev. & P., 719; Ad. & E., 143; W. W. & D., 316; Rex v. Ward, 4 Ad. & E., 384; 1 Har. & W., 703; Rex v. Pease, 4 Barn. & Ad., |