4463. Clandestinely learning contents of telegram. Every person who by means of any machine, instrument, or contrivance, or in any other manner, wilfully and fraudulently reads or attempts to read, any message, or to learn the contents thereof, whilst the same is being sent over any telegraph line, or wilfully and fraudulently or clandestinely learns, or attempts to learn, the contents or meaning of any message while the same is in any telegraph office, or is being received thereat or sent therefrom, or who uses or attempts to use, or communicates to others, any information so obtained, is punishable as provided in the preceding section. [C. L. § 4730.

Cal. Pen. C. 2 640.

Opening telegram addressed to another, ? 4445.

4464. Bribery of telegraph agent, etc. Every person who, by the payment or promise of any bribe, inducement, or reward, procures or attempts to procure any telegraph agent, operator, or employee to disclose any private message or the contents, purport, substance, or meaning thereof, or offers to any such agent, operator, or employee any bribe, compensation, or reward for the disclosure of any private information received by him by reason of his trust as such agent, operator, or employee, or uses or attempts to use any such information so obtained, is punishable as provided in section forty-four hundred and sixty-two. [C. L. § 4731.

Cal. Pen. C. 2 641.

Disclosing contents of telegram, 2 4443.

4465. Injuring or interfering with telegraph or electric line, etc. Every person who shall wilfully or maliciously cut, break, or throw down any electric light, power, telegraph, or telephone pole, or any tree or other material used in any electric light, power, telegraph, or telephone line; or who shall wilfully and maliciously break, displace, or injure any insulator in use in any electric light, power, telegraph, or telephone line; or who shall wilfully and maliciously cut, break, or remove from its insulator any wire used as an electric light, power, telegraph, or telephone line; or shall, by the attachment of a ground wire or by any other contrivance, wilfully destroy the insulation of such electric light, power, telegraph, or telephone line, or intercept the transmission of the electric current through the same; or shall in any other manner wilfully injure, molest, or destroy any property or materials appertaining to any electric light, power, telegraph, or telephone line; or shall wilfully interfere with the use of any such line; or obstruct or postpone the transmission of any message over any telephone or telegraph line, or procure or advise any such injury, interference, or obstruction to any of such lines; the person so offending shall be deemed guilty of a misdemeanor. [C. L. § 4732*.

4466. Keeping opium den. Selling opium. Any person who shall establish or keep a house wherein opium is smoked or chewed by others than the members of his family, and any person who shall sell, or give to another, not a member of his family, in the house where his family shall live, any opium to be smoked or chewed, whether in a house kept or used for such purposes, or elsewhere, shall be deemed guilty of a misdemeanor. [C. L. § 2259.

4467. Id. Renting house to be so used. Where a proprietor, landlord, or agent, shall rent any house, knowing that it is intended to be used for any of the purposes mentioned in the next preceding section, and it shall be so used, such proprietor, landlord, or agent, shall be deemed guilty of a misdemeanor. [C. L. § 2260.

4468. Selling or using opium. Any clerk, servant, or employee, in any such house, who may aid in such use of opium, and every person resorting thereto, who shall so use opium by smoking or chewing it, shall be deemed guilty of a misdemeanor. [C. L. § 2261.

4469. Selling opium, tobacco, etc., to minor. Any person who shall sell, give, or furnish, any cigar, cigarette, or tobacco, in any form, or any opium or any other narcotic, in any form, to any person under eighteen years of age in

The

this state shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than ten nor more than one hundred dollars. provisions of this section shall not apply to the use, sale, giving, or furnishing of any narcotic upon the prescription of a physician. ['90, pp. 96, 97. Selling liquor to minor, 4245.

4470. Obtaining food, etc., under false pretenses. Any person who shall put up at any hotel, inn, or boarding house, and shall procure any food, entertainment, or accommodation, without paying therefor, except where credit is given by express agreement, with intent to cheat or defraud such owner or keeper thereof out of the pay for the same; or who, with intent to cheat or defraud such owner or keeper out of the pay therefor, shall obtain credit at any hotel, inn, or boarding house for such food, entertainment, or accommodation by means of any false show of baggage or effects brought thereto; or who shall with such intent remove or cause to be removed, any baggage, or effects from any hotel, inn, or boarding house, while there is a lien existing thereon for the proper charges due from him for fare and board furnished therein, shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding three months. [C. L. § 2954.

4471. Innkeeper refusing guest. Carrier refusing passenger. 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. [C. L. § 4562.

Cal. Pen. C. 365.

4472. Vagrancy. Begging. Prostitution. Drunkenness. Every person, except an Indian, without visible means of living, who has the physical ability to work, and who does not for the period of ten days seek employment, nor labor when employment is offered him; every healthy beggar who solicits alms as a business; every person who roams about from place to place without any lawful business; every idle or dissolute person, or associate of known thieves, who wanders about the streets at late or unusual hours of the night, or who lodges in any barn, shed, shop, outhouse, vessel, or place other than such as is kept for lodging purposes, without the permission of the owner or party entitled to the possession thereof; every lewd and dissolute person, who lives in and about houses of ill-fame, and every common prostitute and common drunkard, is a vagrant and punishable by imprisonment in the county jail not exceeding ninety days. [C. L. § 4733.

Cal. Pen. C. 2 647.

4473. Defacing marks upon lumber, etc. Every person who cuts out, alters, or defaces any mark made upon any log, lumber, or wood, or puts a false mark thereon, with intent to prevent the owner from discovering its identity, is guilty of a misdemeanor. [C. L. § 4556.

Cal. Pen. C. 356.

False weights and measures, ?? 4404-4407.

4474. Altering mark or brand on animal. Every person who marks or brands, or who alters or defaces the mark or brand of any horse, mare, gelding, colt, jack, jennet, mule, bull, ox, steer, cow, calf, sheep, goat, hog, shoat, or pig belonging to another, with intent thereby to steal the same, or to prevent identification thereof by the true owner, must be punished as in case of larceny of property of like value. [C. L. § 4557*.

Cal. Pen. C. ? 357*.

Using brand in place and position recorded to another, a misdemeanor, ? 42.

4475. Fraud in packing merchandise, etc. Every person who, in putting up in any bag, bale, box, barrel, or other package, any hops, cotton, wool, grain, hay, or other goods usually sold in bags. bales, boxes, barrels, or packages by weight puts in or conceals therein anything whatever, for the purpose of

increasing the weight of such bag, bale, box, barrel, or package, is punishable by a fine of twenty-five dollars for each offense. [C. L. § 4573.

Cal. Pen. C. 381*.

4476. Cutting timber on public lands. Exceptions. Every person who wilfully and without authority enters upon the public lands of the state and cuts down, destroys, or injures any kind of wood or timber, except cedar, quaking asp, maple, oak, mahogany, and pinion pine, growing upon such lands, shall be guilty of a misdemeanor; provided, that nothing contained herein shall prevent any miner from clearing his land in the ordinary working of his mining claim, or the taking or cutting timber for the making or improvement of roads or bridges. ['96, p. 251.

4477. Unlawful to cut green timber from public lands. Penalty. It is hereby declared to be and is hereby made unlawful for any person to cut, use, have in his possession, offer for sale, or convey away from any of the public or state lands of Utah, any green spruce, fir, or balsam trees, under eight inches in diameter at the butt except for transplanting; provided, that this section shall not be deemed to apply to any cutting of timber on the public domain under authority of congress, or to any cutting of lumber for building purposes that is or may hereafter be authorized by law. Any person found guilty of violating any provisions of this section shall be deemed guilty of a misdemeanor. ['97, p. 89.

State land board to protect growing timber, ?? 2340, 2354.

4478. Exposing growing trees to fire. Any person negligently or wilfully exposing growing trees, shrubs, or undergrowth standing on the public domain to danger of destruction by fire, shall be guilty of a misdemeanor. ['92, p. 27.

4479. Firing prairie, wood, grass, or grain. Every person who maliciously or negligently sets on fire, or causes or procures to be set on fire, any woods, prairies, grasses, or grain, on any lands, public or private, is guilty of a misdemeanor. [C. L. § 4576.

Cal. Pen. C. 384*.

4480. Obstructing attempts to extinguish fire. Every person who, at the burning of a building, disobeys the lawful orders of any public officer or fireman, or offers any resistance to or interference with the lawful efforts of any fireman or company of fireman to extinguish the same, or engages in any disorderly conduct calculated to prevent the same from being extinguished, or who forbids, prevents, or dissuades others from assisting to extinguish the same, is guilty of a misdemeanor.

Cal. Pen. C. 2 385.

[C. L. § 4577.

4481. Taking toll without having license. Every person who Amended demands or receives compensation for the use of any bridge or ferry, or who sets

up or keeps any road, bridge, ferry, or constructed ford, for the purpose of chap. 35

receiving any remuneration for the use of the same, without the authority of law, is guilty of a misdemeanor.

Cal. Pen. C. 2386.

[C. L. § 4578.

Owner of ferry to obtain franchise from county, 511, sub. 29.

4482. Forging or counterfeiting trade-mark. Every person who wilfully forges or counterfeits, or procures to be forged or counterfeited, any trade-mark usually affixed by any person, or by any association or union of workingmen, to his goods, which has been recorded in the office of the secretary of state, with intent to pass off any goods to which such forged or counterfeited trade-mark is affixed, or intended to be affixed, as the goods of such person or such association or union of workingmen, is guilty of a misdemeanor. [C. L. $ 4551*. Trade-mark, how obtained, ?? 2720-2723.

Cal. Pen. C. 350*.

1899

4483. Selling goods bearing counterfeited trade-mark. Every person who sells, or keeps for sale, any goods upon or to which any counterfeited trade-mark has been affixed, after such trade-mark has been recorded in the office of the secretary of state, intending to represent such goods as the genuine goods of another, knowing the same to be counterfeited, is guilty of a misdemeanor. [C. L. § 4552*.

Cal. Pen. C. 351.

4484. "Forged trade-mark," etc., defined. 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. [C. L. § 4553.

Cal. Pen. C. 352.

4485. "Trade-mark" defined. The phrase "trade-mark," as used in the three preceding 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, or by any association or union of workingmen, to denote any goods to be goods imported. manufactured, produced, compounded, or sold by him, or by such association or union of workingmen, other than any name, word, or expression generally denoting any goods to be of some particular class or description. [C. L. § 4554*.

Cal. Pen. C. 353*.

"Trade-mark" defined, ? 2720.

4486. Refilling cask, etc., bearing trade-mark. Every person who has or uses any cask, bottle, vessel, case, cover, label, or other thing bearing or having in any way connected with it the duly filed trade-mark or name of another, for the purpose of disposing with intent to deceive or defraud, or any article other than that which such cask, bottle, vessel, case, cover, label, or other thing originally contained or was connected with by the owner of such trademark or name, is guilty of a misdemeanor. [C. L. § 4555.

Cal. Pen. C. 354.

4487. High hats to be removed at theatre, etc. Penalty. Any person attending a theatre, opera house, or an indoor place of amusement as a spectator shall remove headwear tending to obstruct the view of any other person. Any person violating any of the provisions of this section shall be subject to a fine of not less than one dollar nor more than ten dollars for each offense, upon conviction thereof. ['97, p. 22.

CHAPTER 54.

GENERAL PROVISIONS.

4488. A crime punishable under one provision only. An act or omission which is made punishable in different ways by different provisions of this code may be punished under either of such provisions, but in no case can it be punished under more than one; an acquittal or conviction and sentence under either one, bars a prosecution for the same act or omission under any other. [C. L. § 4736.

Cal. Pen. C. 654.

A person shall not be twice put in jeopardy for the same offense, Con. art. 1, sec. 12; 4515.

4489. Act punishable under foreign law also. Effect. An act or omission declared punishable by this code is not less so because it is also punishable under the laws of another state, government, or country, unless the contrary is expressly declared. [C. L. § 4737.

Cal. Pen. C. ? 655.

4490. Foreign acquittal or conviction a bar. Whenever on the trial of an accused person it appears that upon a criminal prosecution under the laws of a state, government, or country, founded upon the act or omission in respect to which he is on trial, he has been acquitted or convicted, it is a sufficient defense. [C. L. § 4738.

Cal. Pen. C. 656.

Similar section, ? 4588.

4491. When act both crime and contempt. A criminal act is not less punishable as a crime because it is also declared to be punishable as a contempt. [C. L. § 4739.

Cal. Pen. C. 657.

4492. Id. Mitigation if contempt has been punished. When it appears, at the time of passing sentence upon a person convicted upon indictment or information, that such person has already paid a fine or suffered an imprisonment for the act of which he stands convicted, under an order adjudging it a contempt, the court authorized to pass sentence may mitigate the punishment to be imposed, in its discretion. [C. L. § 4740.

Cal. Pen. C. 658*.

4493. Unlawfully sending letter. When offense complete. In the various cases in which the sending of a letter is made criminal by this code, the offense is deemed complete from the time when such letter is deposited in any postoffice, or any other place, or delivered to any person, with intent that it shall be forwarded. [C. L. § 4741.

Cal. Pen. C. 660.

Sending threatening letter, 22 4390, 4442.

4494. Performance by one for another. Effect. No person is punishable for an omission to perform an act, where such act has been performed by another person acting in his behalf and competent by law to perform it. [C. L. $4742.

Cal. Pen. C. 662.

4495. Attempt defined. Conviction although crime committed. Any act done with intent to commit a crime, and tending but failing to effect its commission, is an attempt to commit a crime. Any person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime intended or attempted was perpetrated by such person in pursuance of such attempt, unless the court, in its discretion, discharges the jury and directs such person to be tried for such crime. [C. L. § 4743*.

Cal. Pen. C. 663*.

Description in indictment of person upon whom injury attempted, 4738. Attempts to kill, 22 4177,

4178. Assaults with intent to commit felonies, 22 4179-4181.

4496. Penalties for attempts. Every person who attempts to commit any crime, but fails, or is prevented or intercepted in the perpetration thereof, is punishable, where no provision is made by law for the punishment of such attempts, as follows:

If the offense so attempted is punishable by imprisonment in the state prison for five years or more, or by imprisonment in a county jail, the person guilty of such attempt is punishable by imprisonment in the state prison, or in a county jail, as the case may be, for a term not exceeding one-half the longest term of imprisonment prescribed upon a conviction of the offense so attempted; provided, that in case such longest term be for life, the imprisonment shall be for not more than twenty years.

2. If the offense so attempted is punishable by imprisonment in the state prison for any term less than five years, the person guilty of such attempt is punishable by imprisonment in the county jail for not more than one year.

3. If the offense so attempted is punishable by a fine, the offender convicted of such attempt is punishable by a fine not exceeding one-half the largest fine which may be imposed upon a conviction of the offense so attempted.