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such city or town, or city and county is situate, shall be guilty of a misdemeanor.

Legislation § 297. Added by Code Amdts. 1873–74, p. 458.

CHAPTER VII.

Crimes Against Religion and Conscience, and Other Offenses against Good Morals.

§ 299. Barbarous and noisy amusements, and theaters where liquors are sold, prohibited on Sunday. [Repealed.]

$300. Keeping open places of business on Sunday. [Repealed.]

Limitation on operation of preceding section. [Repealed.]
Disturbing religious meetings.

Sale of liquors at theaters, and employing women to sell
liquors thereat. [Repealed.]

§ 301.

§ 302.

§ 303.

§ 304.

Selling liquors at camp-meeting.

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$306.

Females exhibited in public places.

[Repealed.]

$307. Keeping or resorting to place where opium is used.

§ 308.

Selling tobacco to minors. Dealers to post copy of act.

§ 308a. No section of this number.

§ 308b. Supplemental books, purchase of.

$ 309. To prevent admission of minors to houses of prostitution. § 310. Advertisements, etc., on flag prohibited. Penalty. Exceptions.

§3104. Barber-shops and bath-houses must not be conducted after twelve m. on Sundays. [Repealed.]

$299. Barbarous and noisy amusements, and theaters where liquors are sold, prohibited on Sunday. [Repealed 1883; Stats. 1883, p. 1.]

Legislation § 299. 1. Enacted February 14, 1872.

2. Repealed by Stats. 1883, p. 1.

§ 300. Keeping open places of business on Sunday. [Repealed 1883; Stats. 1883, p. 1.]

Legislation § 300. 1. Enacted February 14, 1872.

2. Repealed by Stats. 1883, p. 1.

§ 301. Limitation on operation of preceding section. [Repealed 1883; Stats. 1883, p. 1.]

Act providing day of rest from labor: See post, Appendix, tit. "Sundays."

Act providing for day or rest in bakeries: See post, Appendix, tit. "Sundays."

Legislation § 301. 1. Enacted February 14, 1872.

2. Amended by Code Amdts. 1880, p. 38.

3. Repealed by Stats. 1883, p. 1.

$ 302. Disturbing religious meetings. Every person who willfully disturbs or disquiets any assemblage of people met for religious worship, by profane discourse, rude or indecent behavior, or by any unnecessary noise, either within the place where such meeting is held, or so near it as to disturb the order and solemnity of the meeting, is guilty of a mis

demeanor. [Amendment approved 1905; Stats. 1905, p. 657.]

Legislation § 302. 1. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 243, § 117; Tenn. Code, §§ 48, 52. 2. Amendment by Stats. 1901, p. 451; unconstitutional. See note, § 5, ante.

3. Amended by Stats. 1905, p. 657; the code commissioner saying, "The change consists in the omission of the word 'noise' before the word 'profane,' it being manifestly an error in the statute, as it occurs later in the section with a qualification."

§ 303. Sale of liquors at theaters, and employing women to sell liquors thereat. [Repealed 1905; Stats. 1905, p. 657.] Legislation § 303. 1. Enacted February 14, 1872.

2. Repeal by Stats. 1901, p. 452; unconstitutional. See note, § 5, ante.

3. Repealed by Stats. 1905, p. 657; the code commissioner saying, "The section is in conflict with § 18 of article xx of the constitution, which provides that 'no person shall, on account of sex, be disqualified from entering upon or pursuing any lawful business, vocation, or profession' (Ex parte Maguire, 57 Cal. 604), and is, therefore, repealed."

§ 304. Selling liquors at camp-meeting. Every person who erects or keeps a booth, tent, stall, or other contrivance for the purpose of selling or otherwise disposing of any wine, or spirituous, or intoxicating liquors, or any drink of which wines, spirituous, or intoxicating liquors form a part, or for selling or otherwise disposing 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.

Legislation § 304. Enacted February 14, 1872; based on Crimes and Punishment Act, § 118, as amended by Stats. 1859, p. 188, § 1.

§ 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.

Legislation § 305. Enacted February 14, 1872; based on Crimes and Punishment Act, § 118, as amended by Stats. 1859, p. 188, § 1. § 306. Females exhibited in public places. [Repealed 1905; Stats. 1905, p. 658.]

Legislation § 306. 1. Enacted February 14, 1872.

2. Amended by Code Amdts. 1873-74, p. 459.

3. Amended by Code Amdts. 1873-74, p. 460.

4. Repeal by Stats. 1901, p. 452; unconstitutional. See note, § 5,

ante.

Pen. Code-9

5. Repealed by Stats. 1905, p. 658; the code commissioner saying, "This section is explicitly held to be in conflict with § 18 of article xx of the constitution in Ex parte Maguire, 57 Cal. 604, 609, and is, therefore, repealed."

§ 307. Keeping or resorting to place where opium is used. Every 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.

Legislation § 307. 1. Added by Stats. 1881, p. 34.

2. Amendment by Stats. 1901, p. 452; unconstitutional. See note, § 5, ante. The original code § 307, entitled "Procuring female under seventeen years of age to exhibit herself for hire. Female under seventeen exhibiting herself for hire," was amended by Code Amdts. 1873-74, p. 459, and was repealed at the same session of the legis lature: Code Amdts. 1873-74, p. 461.

§ 308. Selling tobacco to minors. Dealers to post copy of act. 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.

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.

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. [Amendment approved 1911; Stats. 1911, p. 481.]

Legislation § 308. 1. Added by Stats. 1891, p. 64, and then read: "Every person who sells or gives or furnishes in any way to another who is in fact under the age of sixteen years, any tobacco, or preparation of tobacco, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars; provided, however, that this section shall not be deemed to apply to articles furnished on prescriptions from physicians authorized by law to practice medicine, nor to persons who supply such articles to their own children, nor to sales made to such minors upon the written consent of the parents or guardians of such minors first obtained in writing by the vender."

2. Amended by Stats. 1911, p. 481.

§308a. No section of this number.

§ 308b. Supplemental books, purchase of. 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 willfully 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.

Legislation § 308b. Added by Stats. 1909, p. 403.

§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.

Punishment for using child for immoral purposes: See ante, §§ 272 et seq.

Prohibiting child from entering saloon, begging, etc.: See ante, §§ 272 et seq.

Legislation § 309. Added by Code Amdts. 1880, p. 36.

§ 310. Advertisements, etc., on flag prohibited. Penalty. Exceptions. That 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, be 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; provided further, that this act shall not apply to banners or flags carried by military or patriotic organizations existing under the laws of the state of California and the United States of America, or to flags used in theatrical performances, or to flags carried by political parties, or organizations, in parades, or in public meetings.

Legislation § 310. Added by Stats. 1909, p. 401. The code commissioners, in 1901, made an addition of a section numbered 653d (Stats. 1901, p. 479), reading, "653d. Any person who desecrates the flag of the United States, by printing thereon or attaching thereto any advertisement of any nature whatsoever, is guilty of a misdemeanor"; unconstitutional. See note, § 5, ante.

§ 3102. Barber-shops and bath-houses must not be conducted after twelve m. on Sundays. [Repealed 1905; Stats. 1905, p. 658.]

Legislation § 3102. 1. Added by Stats. 1895, p. 246.

2. Repeal by Stats. 1901, p. 452; unconstitutional. See note, § 5,

ante.

3. Repealed by Stats. 1905, p. 658; the code commissioner saying, "This section was explicitly held to be unconstitutional in Ex parte Jentzsck, 112 Cal. 468, and is, therefore, repealed."

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