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also be liable to an action on the case for damages for such wrongful use of such trade-mark at the suit of the owner thereof, and the party aggrieved shall also have his remedy according to the course of equity to enjoin the wrongful use of his trade-mark, and to recover compensation therefor in any court having jurisdiction over the person guilty of such wrongful use.

Mullins v. People, 24 N. Y. 399; 23 How. 289; People v. Hogan, 29 N. Y. State Rep'r, 110.

$372. Defacing marks upon wrecked property. A person who defaces or obliterates the marks upon wrecked property, or in any manner disguises the appearance thereof, with intent to prevent the owner from discovering its identity, or who destroys or suppresses any invoice, bill of lading or other document tending to show the ownership thereof, is guilty of a misdemeanor.

Baker v. Hoag, 7 N. Y. 555.

373. Defacing marks on logs, etc.- A person who unlawfully cuts out, alters or defaces any mark made upon any log or lumber, whether such mark be recorded or not, or puts a false mark upon any log or lumber floating in any of the waters of this state or lying upon land, is guilty of a misdemeanor.

$ 374. Officer unlawfully detaining wrecked property.- An officer, whose duties pertain in any way to wrecked property, who, without authority of law, detains such property or the proceeds thereof, after the salvage and expenses chargeable thereon have been paid or offered to him, or who is guilty of any fraud, embezzlement or extortion in the discharge of such duties, is guilty of a misdemeanor.

375. Fraud in affairs of limited partnership.- A member of a limited partnership, who is guilty of any fraud in the affairs of the partnership, is guilty of a misdemeanor.

376. Solemnizing unlawful marriages.— A minister, or magistrate, who solemnizes a marriage when either of the parties is known to him to be under the age of legal consent, or to be an idiot or an insane person, or a marriage to which, within his knowledge, a legal impediment exists, is guilty of a misdemeanor.

See § 301, supra.

See note In re Hampe, 2 City Ct. 401, 403; Hayes v. People, 25 N. Y. 390.
See Ch. 24 of 1877; Ch. 415 of 1889.

§ 377. Unlawful confinement of idiots, insane persons, etc.— A person, who confines an idiot, lunatic or insane person, in any other manner or in any other place than as authorized by law, and a person guilty of harsh, cruel or unkind treatment of, or any neglect of duty towards, any idiot, lunatic or insane person under confinement, whether lawfully or unlawfully confined, is guilty of a misdemeanor. See § 223, sub. 6, supra.

§ 378. Taking usury. A person who directly or indirectly receives any interest, discount, or consideration upon the loan or forbearance of money, goods or things in action, greater than is allowed by statute, is guilty of a misdemeanor.

People v. Wheeler, 47 Hun, 484.

379. Reconfining persons discharged upon writ. A person, who either solely, or as a member of a court, or in the execution of a judgment, order or process, knowingly recommits, imprisons or restrains of his liberty, for the same cause, any person who has been discharged from imprisonment upon a writ of habeas corpus, or certiorari, is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars or by imprisonment not exceeding six months, or both; and in addition to the punishment prescribed therefor, he forfeits to the party aggrieved, one thousand two hundred and fifty dollars to be recovered in a civil action.

See § 2050 of Code of Civ. Proc.; Matter of Felton, 16 How. 303; Yates' case, 4 Johns. 318; 6 id. 337; Matter of Jitz, 64 Mo. 205; 27 Am. Rep 218; Matter of Crow, 60 Wis. 349; 30 Alb. L. J. 210.

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$380. Concealing persons entitled to writ of deliverance. person having in his custody or power or under his restraint, one who would be entitled to a writ of habeas corpus or certiorari, or for whose relief a writ of habeas corpus or certiorari has been issued, who, with intent to elude the service of such writ, or to avoid the effect thereof, transfers the party to the custody, or places him under the power or control of another, or conceals or changes the place of his confinement, or who without lawful excuse refuses to produce him, is guilty of a misdemeanor, punishable as prescribed in the last section.

Rising v. Dodge, 2 Duer, 42.

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381. Innkeepers and carriers refusing to receive guests and passengers. A person, who, either on his own account or as agent or officer of a corporation, carries on business as innkeeper, or as common carrier of passengers, and refuses, without just cause or excuse, to receive and entertain any guest, or to receive and carry any passenger, is guilty of a misdemeanor.

See 383, post.

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§ 382. Frauds on hotel keepers. A person who obtains any food or accommodation at an inn or boarding-house, without paying therefor, with intent to defraud the proprietor or manager thereof, or who obtains credit at an inn or boarding-house, by the use of any false pretense, or who, after obtaining credit or accommodation at an inn or boarding-house, absconds and surreptitiously removes his baggage therefrom, without paying for his food and accommodation, is guilty of a misdemeanor. [AMD. CH. 645 of 1886.]

See note on pages 256, 257 of 23 Abb. N. C.; Com. v. Dennis, 1 Lehigh Valley L. Rep. 14.

383. Protecting civil and public rights. - No citizen of this state can by reason of race, color, or previous condition of servitude, be excluded from the equal enjoyment of any accommodation, facility or privilege furnished by innkeepers, or common carriers, or by owners, managers or lessees of theaters or other places of amusement, by teachers and officers of common schools and public institutions of learning, or by cemetery associations. The violation of this section is a misdemeanor, punishable by a fine of not less than fifty dollars, nor more than five hundred dollars.

See § 381, supra. People v. King, 110 N. Y. 418; 42 Hun, 186.

§ 384. Acrobatic exhibitions. The proprietor, occupant or les-384 a 92

see of any place where acrobatic exhibitions are held, who permits any person to perform on any trapeze, rope, pole or other acrobatic contrivance, without net-work or other sufficient means of protection from falling or other accident and any person who makes or attempts to make an ascension by means of a balloon, with a trapeze or parachute attachment, or any other device for the purpose of making a descent from such balloon, is guilty of a misdemeanor punishable for the first offense by a fine of two hundred and fifty dollars, and for each subsequent offense by a fine of two hundred and fifty dollars and imprisonment not less than three months nor more than one year. [AMD. CH. 268 of 1892. In effect July 1, 1892.]

TITLE XII.

Of Crimes Against the Public Health and Safety.

SEC. 385. "Public nuisance" defined.

386. Unequal damage.

387. Maintaining a nuisance a misdemeanor.

388. Permitting building to be used for nuisance.

389. Keeping gunpowder unlawfully.

390. Throwing gas-tar, etc., into public waters.

391. Violation of quarantine laws, by master of vessel.

392. Giving false information relative to vessel or permitting person to land before visit of health officer.

393. Landing from vessel before visit of health officer.

394. Going on board vessel at quarantine grounds, or entering quarantine grounds without leave.

395. Violating quarantine regulations.

396. Obstructing health officer in performance of his duty.

397. Willful violation of health laws.

398. Unlicensed piloting.

399. Coasting steamers excepted.

400. Acting as port warden without authority.

401. Apothecary omitting to label drugs, or labeling them wrongly. 402. Apothecary selling poison without recording the sale.

403. Refusing to exhibit record.

404. Selling poison without label.

405. Medical prescriptions.

406. Concealing foreign matter in merchandise.

407. Adulterating food, drugs, liquors, etc.

408 Disposing of tainted food.

409. Making, selling, etc., dangerous weapons.

410. Carrying, using, etc., certain weapons.

411. Possession, presumptive evidence."

412. Carrying concealed weapons.

413. Negligently managing or refusing to extinguish fires. 414. Obstructing attempts to extinguish fires.

415. Ferries.

416. Unlawful offers to railroad commissioners or their employes.

417. Misconduct of railroad commissioners and their employes.

418. Persons unable to read, not to act, or be employed as engineers.

419. Misconduct of officials employed on elevated railroads.

420. Intoxication or other misconduct of railroad or steamboat employes. 421. Failure to ring bell, etc.

422. Placing passenger in front of baggage car.

423. Platforms and heating apparatus of passenger car.

424. Guard posts; automatic couplers.

425. Officers of railroad companies to be uniformed.

426. Riding on freight cars.

427. Dangerous exhibitions; bathing.

428. Fires and lights on vessels in New York, Kings and Queens counties.

SEC. 429. Duty of guarding ice-cutting; how long such guards must be maintained; violation of duty to maintain guards around ice-cuttings.

430. Articles in imitation of food.

431. Noisome or unwholesome substances, etc., in highway.

432. Ambulances.

433. Using net or weir unlawfully in Hudson river.

431. Exposing person affected with a contagious disease in a public place. 435. False rumors as to public funds, etc.

436. Eavesdropping.

437. Destroying invoice.

438. False labels.

439. Skimmed milk.

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385. "Public nuisance" defined.—A public nuisance is a crime against the order and economy of the state, and consists in unlawfully doing an act, or omitting to perform a duty, which act or omission:

1. Annoys, injures or endangers the comfort, repose, health or safety of any considerable number of persons; or

2. Offends public decency; or

3. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, a lake, or a navigable river, bay, stream, canal or basin, or a public park, square, street or highway; or

4. In any way renders a considerable number of persons insecure in life, or the use of property.

See §§ 324, 328, supra. No length of time will legalize a nuisance. Rochester v. Erickson, 46 Barb. 92; Ogdensburgh v Lovejoy, 2 S. C. 83; aff'd, 58 N. Y. 62; Campbell v. Seaman, 63 N. Y. 568; 2 S. C. 231. Legislature may legalize. People v. N. Y. Gas Co., 6 Lans. 467; Phoenix v. Com'rs of Emigration, 12 How. Pr. 1; Delaney v. Blizzard, 7 Hun, 7; Patten v. N. Y. E. R. Co., 3 Abb. N. C. 306. No defense that it was first established; criminal intent not necessary. Taylor v. People, 6 Park. 347. Bowling alley. Tanner v. Albion, 5 Hill, 121; Updike v. Campbell, 4 E. D. Sm. 570. Theater. People v. Baldwin, 1 Wh. Cr. C. 279. By clergyman in church. Broad's case, 3 C. H. Rec. 7. Municipal corporation. Babcock v. Buffalo, 1 Sheld. 317; People v. Albany, 11 Wend. 539. Înfant or jeme covert, when not responsible for nuisance. People v. Townsend, 3 Hill, 479 See S. & T. Co. v. People, 66 Barb. 25.

Sub 1. Filthy tenement-house. Meeker v. Van Rensselaer, 15 Wend. 397. Disorderly house. People v. Carey, 1 Sheld. 573. Stable. Morris v. Brown, Anth. N. P. 368; Fish v. Dodge, 4 Den. 311; Fat boiling. Weil v. Schultz, 13 Pitts. L. J. 588; Cropsey v. Murphy, 1 Hilt. 126; Dubois v. Budlong, 15 Abb. Pr. 45; Prescott's case, 2 Č. H. Rec. 161; Prout's case, 4 id. 87; Lynch's case, 6 id. 61; People v. Cunningham, 1 Den. 524; People v Carey, 4 Park. 238; Putnam v. Payne, 13 Johns. 312; Hinckley v. Emerson, 4 Cow. 351.

Sub. 2. People v. Rowland, 1 Wh. Cr. C. 286; Jacobowsky v. People, 6 Hun, 524; S. C., 64 N. Y. 659; Barnesciotta v. People, 10 Hun, 37; S. C., 69 N. Y 612. Gaming. People v. Livingston, 27 Hun, 105. Pool playing. People v. Cutler, 28 id. 465. Theater. Berry v. People, 1 N. Y. Cr. 43, 57; 77 N. Y. 588.

Sub. 3. Where encroachment on highway does not obstruct. Howard v. Robbins, 1 Lans. 63. River. Moore v. Com'rs of Pilots, 32 How. Pr. 182. Wharf. People v. Vanderbilt, 26 N. Y. 287; S. C., 28 id. 396. Bridge over highway. Knox v. New York, 55 Barb. 404. Bridge. Chenango Bridge v. Lewis, 63 Barb. 111: The Binghamton Bridge, 3 Wall. 51. Street railroad. Wetmore v. Story, 22 Barb. 414; Hamilton v N. Y. & H. R. Co, 9 Pai. 71; Anderson v. Rochester, etc., Co, 9 How. Pr. 553; Hentz v. L. I. R. Co., 13 Barb. 646. Subterranean stream. Ellis v. Duncan, 21 Barb. 220; S. C., 29 N. Y. 466. Swampy lands.

Woodruff v. Fisher, 17 Barb. 224. State dam. Harris v. Thompson, 9 Barb. 350. Railroad depot. Phoenix v. Com'rs of Emigration, 12 How. Pr. 1. Dam. Renwick v. Morris, 3 Hill, 621; S. C., 7 id. 575; Adams v. Popham, 76 N. Y. 410; Brown v. Bowen, 30 id. 519. Śluice-way. Thompson v. Allen, Lans. 459. Coal hole in sidewalk. Irwin v. Wood, 51 N. Y. 224. Coal hole. Clifford v. Dam, 81 N. Y. 52. Gas pipes. McCamus v. Citizens' Gas-light Co., 40 Barb. 380. Highway. Osborn v. Union Ferry Co., 53 Barb. 629. Tow-path. Conklin v. Phoenix Mills, 62 Barb. 299. Lime kiln. Hutchins v. Smith, 63 Barb. 251. Assisting in erection. Chenango Bridge Co. v. Lewis, 63 Barb. 111 Directing erection. Jones v. Chantry, 1 Hun, 613. Bridge authorized by congress, over stream, is not a nuisance as an obstruction. People, ex rel. Murphy, v. Kelly, 76 N. Y. 475. Harbor. People v. Horton, 5 Hun, 516; S. C., 64 N. Y. 610. Cable in stream. Blanchard v. Western Union Tel. Co., 60 N. Y. 570. Railroad crossing highway. People v. N. Y. C. R. R. Co., 71 N. Y. 302. Unsafe bridge. People v. Mohawk Bridge Co., 7 Alb. L. J. 232. Defective road. People v. Goshen, etc., Road, 11 Wend. 597; Susq., etc., T. Co. v. People, 15 id. 267; Waterford, etc., T. v. People, 9 Barb. 161; People v. Cunningham, 1 Den. 524; Harlem v. Hunniston, 6 Cow. 189; Lansing v. Smith, 8 id. 146; Dygert v. Schenck, 23 Wend. 446; Drake v. Rogers, 3 Hill, 604; People v. Lambier, 5 Den. 9; Mosher v. U. & S. R., 8 Barb. 427; Hart v. Albany, 9 Wend. 571; Hecker v. N. Y. etc., Co., 13 How. Pr. 549; 24 Barb. 315; Peckham v. Henderson, 27 id. 207: People v. Vanderbilt, 24 How. Pr. 301; Wetmore v. A. W. L. Co., 37 Barb. 70.

Sub. 4. Catlin v. Valentine, 9 Pai. 575; Brady v. Weeks, 3 Barb. 157; Prescott's case, 2 C. H. Rec. 161.

See, in addition, People v. Klock, 48 Hun, 277; Heeg v. Licht, 80 N. Y. 579; 8 Abb. N. C. 355; Caro v. Railroad Co., 46 Supr. 138; People v. Long I. R. Co., 9 Abb. 181; People v. Telephone Co., 11 id. 304; Van Norden v. Robinson, 45 Hun, 567; Board, etc. v. Casey, 18 N. Y. State Rep'r, 251; Cain v. Syracuse, 29 Hun, 105; aff'd, 95 N. Y. 83; People v. Butler, 4 Hun, 636; People v. Monteverde, 43 id. 447; Negus v. Brooklyn, 10 Abb. N. C. 181; 62 How. 191; 1 Civ. Pro. 471; Callanan v. Gilman, 107 N. Y. 360; Walsh v. Nelson, 101 id. 254; People v. N. Y. C. & H. R. R. Co., 89 id 266; People v. Lochfelm, 103 id. 1; 4 N. Y. Cr. 159; Groat v. Moak, 26 Hun, 380; aff'd, 94 N. Y. 115; People v. Brooklyn, etc., R. Co., 15 W. Dig. 74; Munson v. People, 5 Park. 16; People v. Crounse, 51 Hun, 489; 21 N. Y. State Rep'r, 692; 7 N. Y. Cr. 11; Chapman v. Rochester, 110 N. Y. 273; Simmons v. Everson, 123 id. 323; 36 N. Y. State Rep'r, 267; Flynn v. Taylor, 127 N. Y. 599; 40 N. Y. State Rep'r, 189.

§ 386. Unequal damage.—An act which affects a considerable num ber of persons, in either of the ways specified in the last section, is not less a nuisance because the extent of the damage is unequal.

§ 387. Maintaining a nuisance a misdemeanor.-A person, who commits or maintains a public nuisance, the punishment for which is not specially prescribed, or who willfully omits or refuses to perform any legal duty relating to the removal of such a public nuisance, is guilty of a misdemeanor.

Simmons v. Everson, 124 N. Y. 323; 36 N. Y. State Rep'r, 267; Wasmer v. D., L. & W. R. Co., 80 N. Y. 212; Syracuse, etc., R. Co. v. Tully, 66 Barb. 25.

§ 388. Permitting building to be used for nuisance, etc.-A person who,

1. Lets, or permits to be used, a building, or portion of a building, knowing that it is intended to be used for committing or maintaining a public nuisance, or

2. Opens or maintains a place where opium, or any of its preparations, is smoked by other persons, or

3. At such place sells or gives away any opium, or its said preparations, to be there smoked or otherwise used, or

4. Visits or resorts to any such place for the purpose of smoking opium or its said preparations;

Is guilty of a misdemeanor.

See §§ 333, 343, supra. State v. Ah Crew, 16 Nev. 50; 40 Am. Rep. 488.

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