§ 349. Certain officers directed to prosecute offenses under this chapter. It is the duty of all sheriffs, constables, police officers, and prosecuting or district attorneys to inform against, and prosecute, all persons whom they have reason to believe offenders against the provisions of this chapter; and any omission so to do is punishable by a fine not exceeding five hundred dollars. Id. § 45. § 350. Duty of master to suppress gambling on board their vessels. If the commander, owner or hirer of any vessel or float, knowingly permits any gambling for money or property on board such vessel or float, or if he does not, upon his knowledge of the fact, immediately prevent the same, he is punishable by a fine not exceeding five hundred dollars; and in addition thereto is liable to any party losing money or property by means of gambling in violation of this section, in a sum equal to the money or property, to be recovered in a civil action. § 351. Bets, etc., on horse races, etc. A person who keeps any room, shed, tenement, tent, booth or building, or any part thereof, or who occupies any place upon any public or private grounds within this state, with books, apparatus or paraphernalia, for the purpose of recording or registering bets or wagers, or of selling pools, and any person who records or registers bets or wagers, or sells pools upon the result of any trial or contest of skill, speed or power of endurance, of man or beast, or upon the result of any political nomination, appointment or election; or being the owner, lessee or occupant of any room, shed, tenement, tent, booth or building, or part thereof, knowingly permits the same to be used or occupied for any of these purposes, or therein keeps, exhibits or employs any device or apparatus for the purpose of recording or registering such bets or wagers, or the selling of such pools, or becomes the custodian or depositary for hire or reward, of any money, property or thing of value staked, wagered or pledged upon any such result, is punishable by imprisonment for one year, or by fine not exceeding two thousand dollars, or both. § 352. Racing of animals for stake. All racing or trial of speed between horses or other animals for any bet, stake or reward, except such as is allowed by special laws, is a public nuisance; and every person acting or aiding therein, or making or being interested in any such bet, stake or reward is guilty of a misdemeanor; and in addition to the penalty prescribed therefor, he forfeits to the people of this state, all title or interest in any animal used with his privity in such race or trial of speed, and in any sum of money or other property betted or staked upon the result thereof. 2 R. S. 925, §§.67, 72. CHAPTER X. PAWNRROKERS. SECTION 353. Pawnbroking without a license. 354. Refusing to exhibit stolen goods to owner. 355. Selling before time to redeem has expired and refusing to disclose particulars of sale. § 353. Pawnbroking without a license. A person, who carries on the business of a pawnbroker, by receiving goods in pledge for loans at a rate of intcrest above that aliowed law, except by virtue of a license from a municipal corporation or other authority empowered to grant licenses to pawnbrokers, is guilty of a misdemeanor. 2 R. S. 1006, §§ 8-13. A pawn § 354. Refusing to exhibit stolen goods to owner. broker, or person carrying on the business of a pawnbroker, or a junk dealer, who having received any goods which have been embezzled or stolen, refuses or omits to exhibit them, upon demand, during the usual business hours, to the owner of said goods or his agent authorized to demand an inspection thereof, is guilty of a misde meanor. § 356. Selling before time to redeem has expired and refusing to disclose particulars of sale. A pawnbroker who sells any article received by him in pledge, before the time to redeem the same has expired, or who willfully refuses to disclose the name of the purchaser, and the price received by him for any article received by him in pledge, and subsequently sold, is guilty of a misdemeanor. TITLE XI. OF OTHER OFFENSES. SECTION 356. Practice of medicine, etc., without license. 357. Acts of intoxicated physicians. 358. Willfully poisoning food, etc. 359. Overloading passenger vessel. 360. Unauthorized pressure of steam. 361. Generation of unsafe amount of steam. 362. Mismanagement of steam boilers. 363. Fictitious copartnership names. 364. Offenses against trade marks. 365. "Article of merchandise " defined. 866. 372. Defacing marks upon wrecked property. 376. Solemnizing unlawful marriages. 377. Unlawful confinement of idiots, insane persons, etc. 378. Taking usury. 379. Reconfining persons discharged upon writ. 380. Concealing persons entitled to writ of deliverance. 381. Innkeepers and carriers refusing to receive guests and passengers. 382. Frauds on hotel keepers. 383. Protecting civil and public rights. 384. Acrobatic exhibitions. § 356. REPEALED. Laws 1887, ch. 647, § 9. A person o practices, or attempts to practice, medicine or surgery in this te, unless authorized so to do by a license or diploma from some artered school, state board of medical examiners, or medical iety, or who practices under cover of a license or diploma illegally fraudulently obtained, is guilty of a misdemeanor, punishable for first offense by a fine of not less than fifty dollars nor more than o hundred dollars, and for any subsequent offense, by a fine of not s than one hundred dollars nor more than five hundred dollars, or imprisonment not less than thirty days, or by both such imprisonnt and fine. 357. Acts of intoxicated physicians. A physician or surgeon, person practicing as such, who, being in a state of intoxication, ministers any poison, drug or medicine, or does any other act as a sician or surgeon, to another person, by which the life of the er is endangered, or his health seriously affected, is guilty of a demeanor. R. S. 973, § 24. § 358. Willfully poisoning food, etc. A person who willfully gles poison with any food, drink or medicine, intended or preed for the use of human beings, and a person who willfully sons any spring, well or reservoir of water, is punishable by imsonment in a state prison not exceeding ten years, or in a county not exceeding one year, or by a fine not exceeding five hundred lars, or both such fine and imprisonment. R. S. 938, § 48. § 359. Overloading passenger vessel. A person navigating a sel for gain, who willfully or negligently receives so many or causes to be applied, to a steam boiler a higher pressure o than is allowed by law, or by the inspector, officer or person ized to limit the pressure of steam to be applied to such b guilty of a misdemeanor. 3 R. S. 973, §. 31. A ca § 361. Generation of unsafe amount of steam. other person having charge of the machinery or boiler of boat, used for the conveyance of passengers, in the waters state, who, from ignorance or gross neglect, or for the pu increasing the speed of the boat, creates, or causes to be cre undue and unsafe pressure of steam, is guilty of a misdemean 3 R. S. 973, § 31. § 362. Mismanagement of steam boilers. An engineer person having charge of a steam boiler, steam engine, apparatus for generating or employing steam, employed in a manufactory, or other mechanical works, who, willfully ignorance or gross neglect, creates or allows to be created undue quantity of steam as to burst the boiler, engine or app or cause any other accident whereby human life is endang guilty of a misdemeanor. 66 § 363. Fictitious copartnership names. A person who t business, using the name, as partner, of one not interested w as partner, or using the designation and company," or when no actual partner or partners are represented thereby is of a misdemeanor. But this section does not apply to an where it is specially prescribed by statute that a partnershi may be continued in use by a successor, survivor, or other pe 3 R. S. 978, §§ 69, 70. 364. Offenses against trade-marks. A person who, kno in a case where provision for the punishment of the offens otherwise specially made by statute, 1. Falsely makes or counterfeits a trade-mark; or 2. Affixes to any article of merchandise, a false or cou trade-mark, knowing the same to be false or counterfeit, or th ine trade-mark, or an imitation of the trade-mark of another, the latter's consent; or 3. Sells, or keeps or offers for sale an article of merchan which is affixed a false or counterfeit trade mark, or the genuine trade-mark or an imitation of the trade-mark of another, without the latter's consent; or 4. Has in his possession a counterfeit trade-mark, knowing it to be counterfeit, or a die, plate, brand, or other thing, for the purpose of falsely making or counterfeiting a trade-mark ; 5. Makes or sells, or offers to seil or dispose of, or has in his possession with intent to sell or dispose of, an article of merchandise with such a trade-mark as to appear to indicate the quantity, quality or character of the article, but not indicating it truly; Is guilty of a misdemeanor. The expression § 365. "Article of merchandise " defined. "article of merchandise," as used in this title, signifies any goods, wares, work of art, commodity, compound, mixture, or other preparation or thing, which may be lawfully kept or offered for sale. § 366. Trade-mark defined. A "trade-mark" is a mark used to indicate the maker, owner or seller of an article of merchandise, and includes, among other things, any name of a person or corporation, or any letter, word, device, emblem, figure, seal, stamp, diagram, brand, wrapper, ticket, stopper, label or other mark, lawfully adopted by him, and usually affixed to an article of merchandise to denote that the same was imported, manufactured, produced, sold, compounded, bottled, packed or otherwise prepared by him; and also a signature or mark, used or commonly placed by a painter, sculptor or other artist, upon a painting, drawing, engraving, statue or other work of art, to indicate that the same was designed or executed by him. § 367. "Affixing "defined. A trade-mark is deemed to be affixed to an article of merchandise, when it is placed in any manner in or upon, either 1. The article itself; or 2. A box, bale, barrel, bottle, case, cask, or other vessel or package, or a cover, wrapper, stopper, brand, label, or other thing, in, by, or with which the goods are packed, inclosed, or otherwise prepared for sale or disposition. 368. Trade-marks deemed "counterfeited." An "imitation of a trade-mark" is that which so far resembles a genuine trademark as to be likely to induce the belief that it is genuine, whether by the use of words or letters similar in appearance or in sound, or by any sign, device or other means whatsoever. |