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delivery of packages, letters, notes, messages, or other matter, and every manager, superintendent, or other agent of such person, corporation, or association, who sends any minor in the employ or under the control of any such person, corporation, association, or agent, to the keeper of any house of prostitution, variety theater, or other place of questionable repute, or to any person connected with, or any inmate of, such house, theater, or other place, or who permits such minor to enter such house, theater, or other place, is guilty of a misdemeanor.

Enacted March 22, 1905; stats. 1905, p. 760.

150 Cal. 118.

NOTE. § 273e. The matter in section 1389, which incorrectly stood in a chapter entitled "Dismissal of the action," has been put into a new section designated as 273e, and placed in its proper chapter, with the other sections relative to children, and section 1389 accordingly repealed.

Sending children to immoral places.

§ 273f. Any person, whether as parent, guardian, employer, or otherwise, and any firm or corporation, who as employer or otherwise, shall send, direct, or cause to be sent or directed to any saloon, gambling house, house of prostitution, or other immoral place, any minor under the age of eighteen, is guilty of a misdemeanor.

Enacted March 18, 1907; stats. 1907, p. 565.

7 Cal. App. 529.

CHAPTER VII.

OF CRIMES AGAINST RELIGION AND CONSCIENCE, AND OTHER OFFENSES AGAINST GOOD MORALS.

SEC. 310.

Advertisements, etc., on flag prohibited. Penalty.
Exceptions.

Advertisements, etc., on flag prohibited-Penalty-Exceptions.
§ 310. 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, char-

acter, 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 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, 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.

New section; added March 18, 1909; stats. 1909, p. 401; in effect in sixty days.

CHAPTER XI.

PAWNBROKERS.

SEC. 339. Failing to keep a register.

343.

Refusing to allow an officer with search-warrant to inspect register of pledged articles.

Failing to keep a register.

§ 339. Every person who carries on the business of a pawnbroker, or who purchases gold bars, gold quartz or gold bullion or mineral containing gold, who fails at the time of the transaction to enter in a register kept by him for that purpose, in the English language, the date, duration, amount, and rate of interest of every loan made by him, or an accurate description of the property pledged, or estimated value of the property

purchased, or the name and residence of the pledgor or seller, or to deliver to the pledgor or seller a written copy of such entry, or to keep an account in writing of all sales made by him, is guilty of a misdemeanor.

Amended March 15, 1909; stats. 1909, p. 367; in effect in sixty days. (See note to § 343, post.)

150 Cal. 188, 193.

Refusing to allow an officer with search-warrant to inspect register of pledged articles.

§ 343. Every pawnbroker or person who purchases gold bullion, gold bars or gold quartz or mineral containing gold, who fails, refuses, or neglects to produce for inspection his register, or to exhibit all articles received by him in pledge, or his account of sales, to any officer holding a warrant authorizing him to search for personal property or to any person appointed by the sheriff or head of the police department of any city, city and county or town, or an order of a committing magistrate directing such officer to inspect such register, or examine such articles or account of sales, is guilty of a misdemeanor.

Amended March 15, 1909; stats. 1909, p. 367; in effect in sixty days.

ED. NOTE. § 343. Section 3 of the act amending sections 339 and 343 reads as follows: "SEC. 3. Providing that nothing in this act shall apply to persons or corporations doing a banking business in this state." Stats. 1909, p. 367.

CHAPTER XII.

OTHER INJURIES TO PERSONS.

SEC. 349a. Frauds in stamping and labeling produce and manu

350.

351.

352.

353.

factured goods.

Counterfeiting trade-marks.

Selling goods which bear counterfeit trade-marks.
Definition of "counterfeited trade-marks," etc.
"Trade-mark" defined.

354. Refilling casks, etc., bearing trade-mark.

3542.Selling or refilling casks, etc., containing trade-mark. 3544.Destroying or defacing trade-marks.

365. Innkeepers and carriers refusing to receive guests. Frauds in stamping and labeling produce and manufactured goods..

§ 349a. Any person engaged in the production, manufacture, or sale of any article of merchandise made in whole or in part

in this state, who, by any imprint, label, trade-mark, tag, stamp, or other inscription or device, placed or impressed upon such article, or upon the cask, box, case, or package containing the same, misrepresents or falsely states the kind, character, or nature of the labor employed or used, or the extent of the labor employed or used, or the number or kind of persons exclusively employed or used, or that a particular or distinctive class or character of laborers was wholly and exclusively used or employed, when, in fact, another class, or character, or distinction of laborers was used or employed, either jointly or in anywise supplementary to such exclusive class, character, or distinction of laborers, in the production or manufacture of the article to which such imprint, label, trade-mark, tag, stamp, or other inscription or device is affixed, or upon the cask, box, case, or package containing the same, is guilty of a misdemeanor, and punishable by a fine of not less than fifty nor more than five hundred dollars, or by imprisonment in the county jail for not less than twenty nor more than ninety days, or both.

Enacted March 21, 1905; stats. 1905, p. 669.

Counterfeiting trade-marks.

$ 350. Every person who willfully reproduces, copies, imitates, forges, or counterfeits, or procures to be reproduced, copied, imitated, forged, or counterfeited, any trade-mark usually affixed by any person to his goods, which has been duly recorded in the office of the secretary of state, or with the commissioner of patents in the United States patent office, or any label or brand, composed in whole or in part of a reproduction of said trade-mark, or who affixes the same to goods of essentially the same descriptive properties and qualities as those referred to in the registration of such trade-mark, with intent to pass off, or to assist other persons to pass off, any goods to which such reproduced, copied, imitated, forged, or counterfeited trade-mark, or label, or brand is affixed, or intended to be affixed, as the goods of the person, firm, company, or corporation owning the said trade-mark, is guilty of a misdemeanor.

Amended March 27, 1897; stats. 1897, p. 212.

See trade-marks, Civ. C. §§ 655, 991, 1772, 1773; and Pol. C. §§ 3196-3201. See, also, Appendix, heading "Trade-marks." Selling goods which bear counterfeit trade-marks.

$351. Every person who sells or keeps for sale, or manufactures or prepares, for the purpose of sale, any goods upon, or to

which any reproduced, copied, imitated, forged, or counterfeited trade-mark, or label, or brand, composed in whole or in part of such a reproduced, copied, imitated, forged, or counterfeited trade-mark has been affixed, after such trade-mark has been recorder in the office of the secretary of state, or with the commissioner of patents in the United States patent office, intending to represent such goods as the genuine goods of the person, firm, company, or corporation owning the said trade-mark, knowing the same to be reproduced, copied, imitated, forged, or counterfeited, is guilty of a misdemeanor.

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

Genuineness of trade-mark warranted by sale of article bearing it: Civ. C. § 1772.

Definition of "counterfeited trade-marks," etc.

§ 352. The phrases "forged trade-mark" and "counterfeited trade-mark," or their equivalents, as used in this chapter, include every alteration or imitation of any trade-mark so resembling the original as to be likely to deceive.

Enacted February 14, 1872.

"Trade-mark" defined.

§ 353. The phrase "trade-mark," as used in the three preced. ing sections, includes every description of word, letter, device, emblem, stamp, imprint, brand, printed ticket, label, or wrapper, usually affixed by any mechanic, manufacturer, druggist, merchant, or tradesman, to denote any goods to be goods imported, manufactured, produced, compounded, or sold by him, other than any name, word, or expression generally denoting any goods to be of some particular class or description.

Enacted February 14, 1872.

Refilling casks, etc., bearing trade-mark.

§ 354. Every person who has in his possession, or who uses any cask, bottle, vessel, case, cover, label, brand, or other thing bearing, or having in any way connected with it, the trade-mark of another, which has been duly recorded in the office of the secretary of state, or with the commissioner of patents in the United States patent office, or the trade name of another, for the purpose of disposing of any article other than that which such cask, bottle, vessel, case, cover, label, brand, or other thing originally contained, or is connected with by the owner of such

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