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Chapter One Hundred and Fifty-Nine of Revised Statutes of 1846.

Mass. R. 8.,

131.

Ch.

some provisions

(5886.) SECTION 1. If any person shall knowingly sell any Selling unwholekind of diseased, corrupted or unwholesome provisions, without notice. whether for meat or drink, without making the same fully known to the buyer, he shall be punished by imprisonment in the County jail not more than six months, or by fine not exceeding two hundred dollars.

or liquors.

131.

(5887.) SEC. 2. If any person shall fraudulently adulterate, Adulterating food for the purpose of sale, any substance intended for food, or Mass. R. 8., Ch. any wine, spirits, malt liquor, or other liquor intended for drinking, he shall be punished by imprisonment in the County jail not more than one year, or by fine not exceeding three hundred dollars, and the article so adulterated shall be forfeited and destroyed.

drugs or medi

Mass. R. S., Ch.

cian prescribing

while intoxicat

(5888.) SEC. 3. If any person shall fraudulently adulterate, Adulterating for the purpose of sale, any drug or medicine, in such manner cines. s to render the same injurious to health, he shall be punished 131. by imprisonment in the County jail not more than one year, or y fine not exceeding four hundred dollars, and such adulterted drugs and medicines shall be forfeited and destroyed. (5889.) SEC. 4. If any physician or other person, while in a Penalty on Physiate of intoxication, shall prescribe any poison, drug or medi-poison, etc., ne, to another person, he shall be punished by imprisonment ed. the County jail not more than one year, or by fine not ceeding five hundred dollars. (5890.) SEC. 5. Every apothecary, druggist, or other person, Penalty on a potho shall sell and deliver any arsenic, corrosive sublimate, neglecting to la ssic acid, or any other substance or liquid usually denomi- stances. ed poisonous, or any tartar emetic, without having the d "poison," and the true name thereof written or printed on a label attached to the vial, box or parcel containing the e, shall be punished by a fine not exceeding one hundred

ars.

ecary, etc., for bel certain sub

CHAPTER CLXXXVII.

OF OFFENCES AGAINST THE PUBLIC POLICY.

SECTION

LOTTERIES.

5891. Setting up or promoting Lotteries.

5892. Selling Lottery Tickets, or aiding therein.
5893. Case of second conviction.
5894. Advertising Lottery Tickets; Exhibiting
representation of Lottery.

UNAUTHORIZED BANKING AND CERTAIN NOTES OR
EVIDENCES OF DEBT ISSUED BY BANKS.

5895. Persons unauthorized by Law not to be
interested in certain associations.
5896. Penalty for subscribing, etc.

5897. Penalty on Directors, etc., of Company for
unlawful Banking.

5898. Notes, etc., given to unauthorized Com-
pany to be void.

5899. Penalty for issuing Bills, etc., to circulate
as money without express authority.
5900. Penalty for signing certain Bills.
5901. Penalty for circulating certain Bills.
5902. Penalty for issuing Post Notes, etc.
6903. Prosecuting Attorney to prosecute for

penalties; Forfeiture for neglect.

SECTION

5904. Paper currency of less denomination than
one dollar not to be issued or passed; Per
sons offending liable to indictment.
5905. Such Bill not to be put into circulation.

MUTILATING PUBLIC RECORDS, ETC.
5906. What to be deemed Public Records; Pen-
alty for mutilating or wrongfully retaining.
5907. Punishment for defacing or destroying
Bonds pledged by Banks.

ISSUE AND SALE OF FRAUDULENT STOCK BY CORPO-
RATIONS.

5908. Issuing Fraudulent Stock, etc., made fel-
ony; Punishment.

5909. Knowingly selling fraudulent Stock how
punished.

5910. Statement under oath of shares of Stock
to be filed with Secretary of State.
5911. Penalty for neglect to file statement.

WILLFULLY DIVULGING THE CONTENTS OF PRIVATE
TELEGRAPHIC COMMUNICATIONS.

5912. Penalty therefor.

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Chapter One Hundred and Sixty of Revised Statutes of 1846.

(5891.) SECTION 1. Every person who shall set up or promote within this State, any lottery for money, or shall dispose of any property real or personal, or valuable thing, by way of lottery, and every person who shall aid, either by printing or writing, or shall in any way be concerned in the setting up, managing or drawing of any such lottery, or who shall, in any house, shop or building, owned or occupied by him, or under his control, knowingly permit the setting up, managing or drawing of any such lottery, or the sale of any lottery ticket or share of a ticket, or any other writing, certificate, bill, token

or other device, purporting or intended to entitle the holder, bearer or other person to any prize, or to any share of, or interest in, any prize to be drawn in any such lottery, or who shall knowingly suffer money or other property to be raffled for in such house, shop or building, or to be there won by throwing or using dice, or by any other game of chance, shall, for every such offence, be punished by a fine not exceeding two thousand dollars.

tickets, or aiding

2 Metcalf, 329.

Thacher's C. C

(5892.) SEC. 2. Every person who shall sell, either for him- selling lottery self or for any other person, or shall offer for sale, or shall therein. have in his possession, with intent to sell or offer for sale, or 3 Denio, 99. to exchange or negotiate, or shall in any wise aid or assist in 146, 280, 284. the selling, negotiating or disposing of a ticket in any such lottery, or a share of a ticket, or any such writing, certificate, bill, token or other device, as is mentioned in the preceding section, shall be punished for every such offence, by a fine not exceeding two thousand dollars.

conviction.

(5893.) SEC. 3. If any person shall, after being convicted of Case of second any offence mentioned in either of the two preceding sections, commit the like offence, or any other of the offences therein mentioned, he shall, in addition to the fine provided therefor, be further punished by imprisonment in the county jail not more than one year.

tery tickets; ex

sentation of lot

5 Pick., 41, 42.

(5894.) Sec. 4. Every person who shall advertise any lottery Advertising lotticket, or any share in any such ticket, for sale, either by hibiting reprehimself or by another person, or who shall set up or exhibit, tery. or shall devise and make for the purpose of being set up and exhibited, any sign, symbol or any emblematic or other representation of a lottery, or of the drawing thereof, in any way indicating where a lottery ticket or a share thereof, or any such writing, certificate, bill, token or other device before mentioned, may be purchased or obtained, or shall in any way invite or entice, or attempt to entice any other person to purchase or receive the same, he shall be punished for every such offence, act or attempt, by a fine not exceeding one hundred dollars.

Chapter Fifty of Revised Statutes of 1846.

R. S. of N. Y., Title 20, Chap. 20, Part 1. thorized by law

ested in certain

(5895.) SECTION 1. No person unauthorized by law, shall Persons unau subscribe to, or become a member, or in any way interested in no: to be interany association or company formed for the purpose of issuing Associations. notes or other evidences of debt, to be loaned or put in circu

Penalty for subscribing, etc.

Penalty on Direc

tors, etc., of Com

ful Banking.

lation as money; nor shall any person, unauthorized by law, subscribe to, or become in any way interested in any bank or fund created or to be created for the like purposes, or either of them.

(5896.) SEC. 2. Whoever shall subscribe to, or become a member of any such company, or be interested in any such bank or fund, shall forfeit one hundred dollars.

(5897.) SEC. 3. No incorporated company, without being pany, for unlaw expressly thereunto authorized by law, shall employ any part of its effects, or be in any way interested in any fund that shall be employed for the purpose of receiving deposits, making discounts or issuing notes or other evidences of debt, to be loaned or put in circulation as money; and any Director, officer, or agent of any incorporated company, who shall violate any provision of this section, shall forfeit one thousand dollars.

Notes, etc., given

to unauthorized

void.

(5898.) SEC. 4. All notes and other securities for the payCompany to be ment of any money, or the delivery of any property, made or given to any association, institution or company, that shall be formed for any such unlawful purpose as aforesaid, or made or given to secure the payment of any money loaned or discounted by any incorporated company or its officers, contrary to the provisions of the preceding section, shall be void.

Penalty for issu

ing bills, etc., to

ney without ex

(5899.) SEC. 5. No person, association, or body corporate, eirculate as mo- whether public or private, except such bodies corporate as are press authority. or shall be expressly authorized by law to do a regular bauking business, and to issue bank bills, shall issue any bills, notes, due bills, drafts or other evidences of debt, in the similitude of bank bills, or to be loaned or put in circulation as money, or to pass or to be used as a currency or circulating medium; and every person, and every member of such corporation, who shall violate the provisions of this section, shall be punished by imprisonment in the State prison not more than (3) three years, or in the county jail not more than one year; or by fine not exceeding one thousand dollars, or both, in the discretion of the Court; and any such corporation shall thereby forfeit all its corporate rights and privileges. (a)

ng certain bills.

Penalty for sign (5900.) SEc. 6. No corporation authorized by its charter to do a banking business, and to issue bank bills, shall make such bills payable in anything but specie; or at any other place

(a) As Amended by "An Act to Amend Section Five, Chapter Fifty, of the Revised Statutes of 1846, relative to Unauthorized Banking, etc." Approved January 29, 1853. Laws of 1853, p. 20.

than its banking house, or office, as located by its charter; or not payable on demand; and every such corporation which shall violate any of the preceding provisions of this section, shall thereby forfeit all its chartered rights and privileges; 1842, p. 28, See. and every person who shall sign any such bills as President, Cashier or otherwise, of such corporation, shall forfeit a sum not less than five hundred dollars, nor more than one thousand dollars.

lating certain

(5901.) SEC. 7. No person shall pay, give or receive in pay-Penalty for airesment, or in any way circulate or attempt to circulate any bank billa. bill, promissory note, or other evidence of debt, issued by any banking company, or by any other corporation, within this State, or elsewhere, which shall purport to be for the payment of a less sum than one dollar, or which shall be made payable otherwise than in specie on demand; and every person who shall violate any of the provisions of this section, shall for each offence forfeit a sum not exceeding fifty dollars; but no prosecution shall be commenced therefor after the expiration of three months from the time of committing the offence.

ing post notes,

(5902.) SEC. 8. No person, association or corporation author- Penalty for issoized by law to do a regular banking business, shall issue any etc. certificate of deposit or post note, in the similitude of a bank bill, or to be loaned or put in circulation as money, or to pass or be used as a currency or circulating medium; and every person, and every member of such corporation, who shall violate the provisions of this section, shall be punished by imprisonment in the State prison not more than three years, or in the County jail not more than one year, or by fine not exceeding one thousand dollars, or both, in the discretion of the Court. (b)

torney to pro

ties; forfeiture

(5903.) SEC. 9. It shall be the duty of the Prosecuting Prosecuting AtAttorney of each County to prosecute every violation of the ecute for penal. provisions of said chapter, which may occur within his county; for neglect. and if in any case, after due notice or knowledge thereof, he neglect so to do, he shall forfeit the sum of five hundred dollars, to be recovered with costs in an action of debt by any person who may sue therefor. (c)

(b) (c) These Sections were added by the Act of January 29, 1853. For the Title of this Act, within the purview of which this addition does not seem to come, see Note (a).

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