trade-mark or trade name, with intent to deceive or defraud, is guilty of a misdemeanor.

Amended March 27, 1897; stats. 1897, p. 213.

Selling or refilling casks, etc., containing trade-mark.

§ 3542. Every person who willfully sells, or traffics in any cask, keg, bottle, vessel, siphon, can, case, or other package bearing the duly filed trade-mark or name of another, printed, branded, stamped, engraved, etched, blown, or otherwise attached or produced thereon, or refills any such cask, keg, bottle, vessel, siphon, can, case, or other package with intent to defraud the owner thereof, without the consent of the owner thereof, or unless the same shall have been purchased from the owner thereof, is guilty of a misdemeanor.

Enacted March 14, 1899; stats. 1899, p. 103.

See, also, "Trade-marks," statutes at large, Appendix.

Destroying or defacing trade-marks.

§ 3544. Every person who shall willfully deface, erase, obliterate, cover up, or otherwise remove, destroy, or conceal the duly filed trade-mark, or name of another, printed, branded, stamped, engraved, etched, blown, impressed, or otherwise attached to, or produced upon any cask, keg, bottle, vessel, siphon, can, case, or other package, for the purpose of selling or trafficking in such cask, keg, bottle, vessel, siphon, can, case, or other package, or refilling such cask, keg, bottle, vessel, siphon, can, case, or other package, with intent to defraud the owner thereof without the consent of the owner, or unless the same shall have been purchased from the owner, is guilty of a misdemeanor.

Enacted March 9, 1899; stats. 1899, p. 86.
See "Trade-marks," Appendix.

Innkeepers and carriers refusing to receive guests.

§ 365. Every person, and every agent or officer of any corporation, carrying on business as an innkeeper, or as a common carrier of passengers, who refuses, without just cause or excuse, to receive and entertain any guest or to receive and carry any passenger, is guilty of a misdemeanor.

Enacted February 14, 1872.

See, also, "Emigration," statutes at large, Appendix.

Common carriers of passengers: See Civ. C. §§ 2168 to 2176, and 2180 to 2191.

TITLE X.

Of Crimes Against the Public Health and Safety.

SEC. 369a. Street cars to have proper brakes and fenders. 369b. Confining cattle, sheep, or swine in cars for longer than certain time.

375a. Record of sale of explosives.

383a. Sale of process or renovated butter.

386.

387.

388.

389.

Maintaining bridge or ferry without authority.
Violating condition of undertaking to keep ferry.
Riding or driving faster than a walk on toll-bridges.
Crossing toll-bridges, etc., without paying toll.

402c. Unsafe scaffolding, ladders, etc.

Street cars to have proper brakes and fenders.

§ 369a. 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.

Enacted March 22, 1905; stats. 1905, p. 766.

NOTE. § 369a. This is a codification of the statute of 1899, page 183.

Confining cattle, sheep, or swine in cars for longer than certain time.

§ 3696. Any officer, agent or conductor of any company or person operating any railroad in this state, who is 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. In case the owner or person in charge of such animal 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.

Enacted March 21, 1905; stats. 1905, p. 672.

NOTE. § 369b. This is a codification of section 2 of chapter 3 of the statute of 1877-8, page 969.

Record of sale of explosives.

§ 375a. It is the duty of each and every person, association, joint stock company, and corporation, manufacturing, storing, selling, transferring, disposing of, or in any manner dealing in, or with, or using, or giving out nitroglycerine, dynamite, vigorite, hercules powder, giant powder, or other high explosive, by whatever name known, to keep at all times an accurate journal, or book of record, in which must be entered, from time to time, as it is made, each and every sale, delivery, transfer, gift, or other disposition made by such person, firm, association, joint stock company, or corporation, in the course of business or otherwise, of any quantity of such explosive substance. Such journal or record book must show, in a legible handwriting, to be entered therein at the time, a complete history of each transaction, stating the name and quantity of the explosive sold, delivered, given away, transferred, or otherwise disposed of; the name, place of residence, or business of the purchaser, or transferee; the name of the individual to whom delivered, with his or her address, with a description of such individual sufficient for identification. Such journal or record book must be kept by the person, firm, association, joint stock company, or corporation so selling, delivering, or otherwise disposing of such explosive substance, or

substances, in his or their principal office or place of business at all times subject to the inspection and examination of the peace officers, or other police authorities of the state, county, or municipality where the same is situated, on proper demand made therefor. Any failure or neglect to keep such book, or to make the proper entries therein at the time of the transaction, as herein provided, or to exhibit the same to the peace officers or other police authorities on demand, is deemed a misdemeanor, and punishable accordingly. In addition to such punishment, and as a cumulative penalty, such person, firm, association, joint stock company, or corporation so offending, shall forfeit, for each offense, the sum of two hundred and fifty dollars, to be recovered in any court of competent jurisdiction. The party instituting an action for such forfeiture shall not be entitled to dismiss the same without consent of the court before which the suit has been instituted. Nor shall any judgment recovered be settled, satisfied, or discharged, save by order of such court, after full payment into court, and all moneys so collected must be paid to the party bringing the suit.

Enacted March 22, 1905; stats. 1905, p. 768.

NOTE. $375a. This is a codification of sections 1, 2, 3 and 4 of the statute of 1887, page 110.

Sale of process or renovated butter.

§383a. Any person, firm, or corporation, who sells or offers for sale, or has in his or its possession for sale, any butter manufactured by boiling, melting, deodorizing, or renovating, which is the product of stale, rancid, or decomposed butter, or by any other process whereby stale, rancid, or decomposed butter is manufactured to resemble or appear like creamery or dairy butter, unless the same is plainly stenciled or branded upon each and every package, barrel, firkin, tub, pail, square, or roll, in letters not less than one half inch in length, "process butter," or "renovated butter," in such a manner as to advise the purchaser of the real character of such "process" or "renovated" butter, is guilty of a misdemeanor.

Enacted March 22, 1905; stats. 1905, p. 770.

NOTE.- 383a. The statute of 1899, page 25 (repealed 1905, page 470), is here re-enacted and codified.

Maintaining bridge or ferry without authority.

§ 386. Every person who demands or receives compensation for the use of any bridge or ferry or sets up or keeps any road.

bridge, ferry, or constructed ford, for the purpose of receiving any remuneration for the use of the same, without authority of law, is guilty of a misdemeanor.

Enacted February 14, 1872.

Public ferries and toll-bridges: § 2843 et seq., Pol. C.

Violating condition of undertaking to keep ferry.

§ 387. Every person who, having entered into an undertaking to keep and attend a ferry, violates the conditions of such undertaking, is guilty of a misdemeanor.

Enacted February 14, 1872.

Undertaking by ferryman: § 2850, Pol. C.

Riding or driving faster than a walk on toll-bridges.

§ 388. Every person who willfully rides or drives faster than a walk on or over any toll-bridge, lawfully licensed, is punishable by fine not exceeding twenty dollars.

Enacted February 14, 1872.

Crossing toll-bridges, etc., without paying toll.

§ 389. Every person not exempt from paying tolls, who crosses on any ferry or toll-bridge, or passes through any tollgate, lawfully kept, without paying the toll therefor, and with intent to avoid such payment, is punishable by fine not exceeding twenty dollars.

Enacted February 14, 1872.

Unsafe scaffolding, ladders, etc.

$4020. Any person or corporation employing or directing another to do or perform any labor in the construction, alteration, repairing, painting or cleaning of any house, building or structure within this state, who knowingly or negligently furnishes or erects or causes to be furnished or erected for the performance of such labor, unsafe or improper scaffolding, slings, hangers, blocks, pulleys, stays, braces, ladders, irons, ropes or other mechanical contrivances, or who hinders or obstructs any officer attempting to inspect the same under the provisions of section "twelve" of "an act to establish and support a bureau of labor statistics approved March 3, 1883, approved February 20, 1901" or who destroys, defaces, or removes any notice posted thereon by such officer, or permits the use thereof, after the same has been declared unsafe by such officer, contrary to the provi