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his account of sales, to any officer holding a warrant authorizing him to search for personal property, or the 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.

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SEO. 346. Every physician who, in a state of intoxication, does any act as such physician to another person by which the life of such other person is endangered is guilty of a misdemeanor.

347. Willfully poisoning food, medicine, or water.

SEC. 347. Every person who willfully mingles any poison with any food, drink, or medicine, with intent that the same shall be taken by any human being, to his injury, and every person who willfully poisons any spring, well, or reservoir of water, is punishable by imprisonment in the state prison for a term not less than one nor more than ten years.

348. Mismanagement of steamboats a felony.

SEO. 348. Every captain or other person having charge of any steamboat used for the conveyance of passengers, or of the boilers and engines thereof, who, from ignorance or gross neglect, or for the purpose of excelling any other boat in speed, creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler, or any apparatus or machinery connected therewith, by which bursting or breaking human life is endangered, is guilty of a felony. [Amendment, approved March 30, 1874; Amendments 1873-4, 431; took effect July 1, 1874.]

349. Mismanagement of steam-boiler a felony.

SEC. 349. Every engineer or other person having charge of any steam-boiler, steam-engine, or other apparatus for generating or employing steam, used in any manufactory, railway, or other mechanical works, who willfully or from ignorance, or gross neglect, creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler or engine, or apparatus, or cause any other accident whereby human life is endangered, is guilty of a felony. [Amendment, approved March 30, 1874; Amendments 1873-4, 431; took effect July 1, 1874.]

350. Counterfeiting trade-marks.

SEC. 350. Every person who willfully forges or counterfeits, or procures to be 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, 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, is guilty of a misdemeanor. [Amendment, approved March 10, 1885; Statutes and Amendments 1885, 57.]

"This and the three succeeding sections are based upon the act of March 3, 1853: Stats. 1853, 33. Their object is the protection of the purchaser as well as the manufacturer, and for

this reason include within their scope everything that falls within the broadest definition of 'trade-mark.' The remaining sections of this chapter, relative to trade-marks, are

based upon the act of April 3, 1863, Stats. 1863, 155, and are limited in their operation to the statutory trade-marks, etc.: N. Y. Pen. Code, secs. 410, 412. The subject of the text in this section is becoming yearly more and more important. It is similar in import to the New York statutes, Laws 1862, c. 306, sec. 1, the phraselogy being rendered more concise, and the punishment being reduced from an imprisonment not less than six months and not more than twelve, or a fine not exceeding five thousand dollars, to that of a misdemeanor. The subject of counterfeiting trade-marks, including the kindred topic of refilling and selling stamped mineral-water bottles, has received the careful attention of the New York legislature. In 1845 an act was passed, Laws 1845, c. 279, punishing the forgery of stamps or labels. In 1850 the provisions of this act were somewhat enlarged. In 1862 both these acts were repealed, and a more comprehensive and stringent statute was passed, Laws 1862, c. 306, which, with an amendment enacted in 1863, Laws 1863, c. 209, giving the party ag

grieved a civil remedy in addition to the fine and imprisonment prescribed by the act of 1862, embodies the law existing at the present time, upon the general subject of counterfeiting trade-marks. Such is the history of New York legislation on this subject. Our state is not as yet fully launched on the sea of manufactories, but it is time the subject of their protec tion should be encouraged in so far as the advantages of trade-marks are concerned. The kindred offense of selling mineral waters, water bottles, and others bearing the stamp of a particular manufacturer, is made punishable by section 354, post, of this chapter. The text of this chapter is carefully drawn, retrenching the phraseology and modifying the measure of punishment to correspond with the forms of expression used and penalties prescribed throughout the code, adopting some of the provisions of a very stringent English statute on this subject, passed in 1862, the 25 & 26 Vict., c. 88. See Trade-marks,' Civil Code, secs. 655, 991, and notes; Pol. Code, secs. 3196-3199, and notes:" Commissioners' note.

351. Selling goods which bear counterfeit trade-marks.

SEC. 351. 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. [Amendment, approved March 10, 1885; Statutes and Amendments 1885, 57.]

Genuineness of trade-mark warranted by sale of article bearing it: Civ. Code, sec. 1772. 352. Definition of the phrase "counterfeited trade-marks," etc.

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

353. Trade-mark defined.

SEO. 353. 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, 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.

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

SEO. 354. 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, of 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 trade-mark or name, is guilty of a misdemeanor.

355. Defacing marks upon wrecked property, and destroying bills of lading.

SEC. 355. Every 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, is guilty of a misdemeanor.

Wrecks and wrecked property: Pol. Code, secs. 2403 et seq.

356. Defacing marks upon logs, lumber, or wood.

SEC. 356. 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.

Floating lumber: Pol. Code, secs. 2389 et seq.

357. Altering brands.

SEC. 357. Every person who marks or brands, alters or defaces the mark or brand of any horse, mare, 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, is punishable by imprisonment in the state prison for not less than one nor more than five years.

Marks and brands: See Pol. Code, secs. 3167-3172, 3182-3185.

358. Frauds in affairs of special partnerships.

SEC. 358. Every member of a special partnership who commits any fraud in the affairs of the partnership is guilty of a misdemeanor.

Special partnership: See Civ. Code, secs. 2477 et seq.

359. Contracting or solemnizing incestuous or forbidden marriages.

SEC. 359. Every person authorized to solemnize marriage, who willfully and knowingly solemnizes any incestuous or other marriage forbidden by law, is punishable by fine of not less than one hundred nor more than one thousand dollars, or by imprisonment in the county jail not less than three months nor more than one year, or by both.

Incestuous marriage defined: Civ. Code, sec. 59.

Punishment of parties to incestuous marriage: Sec. 285, ante
Person authorized to solemnize marriage: Civ. Code, sec. 70.

360. Making false return or record of marriage.

SEC. 360. Every person authorized to solemnize any marriage who willfully makes a false return of any marriage or pretended marriage to the recorder, and every person who willfully makes a false record of any marriage return, is punishable as provided in the preceding section.

Stats. 1850, 424, sec. 11.

Recording certificate of marriage: Civ.

Certificate of marriage: Civ. Code, sec. 73. Code, sec. 74.

361. Cruel treatment of lunatics, etc.

SEC. 361. Every person guilty of any harsh, cruel, or unkind treatment of, or any neglect of duty towards, any idiot, lunatic, or insane person, is guilty of a misdemeanor.

362. Refusing to issue or obey writ of habeas corpus.

SEC. 362. Every officer or person to whom a writ of habeas corpus may be directed, who, after service thereof, neglects or refuses to obey the command thereof, is guilty of a misdemeanor.

Stats. 1850, 334, secs. 9, 39.

368. Reconfining persons discharged upon writ of habeas corpus.

SEC. 363.

Every person who, either solely or as member of a court, knowingly and unlawfully recommits, imprisons, or restrains of his liberty, for the

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same cause, any person who has been discharged upon a writ of habeas corpus, is guilty of a misdemeanor.

"Habeas corpus act: Stats. 1850, 334; pt. 2, title 12, c. 1, secs. 1473 et seq., post. The word 'unlawfully' is inserted to exclude from the operation of the section a class of cases in which persons discharged may be rearrested or

recommitted for the same offense:" Commis-
sioners' note.

False imprisonment: See sec. 236.
Habeas corpus, writ of: Secs. 1473 et seq.

364. Concealing persons entitled to benefit of habeas corpus.

SEC. 364. Every person having in his custody or under his restraint or power any person for whose relief a writ of habeas corpus has been issued, who, with the intent to elude the service of such writ or to avoid the effect thereof, transfers such person to the custody of another, or places him under the power or control of another, or conceals or changes the place of his confinement or restraint, or removes him without the jurisdiction of the court or judge issuing the writ, is guilty of a misdemeanor.

Stats. 1850, 334, sec. 29.

Habeas corpus: See chapter concerning the writ of, secs. 1473 et seq.

365. Innkeepers and carriers refusing to receive guests and passengers.

SEC. 365. 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.

Common carriers of passengers: Civ. Code, secs. 2168-2176, 2180-2191.
Innkeepers: Civ. Code, secs. 1859, 1860.

366. Counterfeiting quicksilver stamps.

SEC. 366. Every person who counterfeits or who willfully uses the counterfeit seal or stamp of any person engaged in manufacturing or selling quicksilver is guilty of a felony.

367. Selling debased quicksilver.

SEC. 367. Every person who willfully sells, or offers for sale as pure, any debased or adulterated quicksilver is guilty of a misdemeanor.

TITLE X.

OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY.

868. Death from explosions, etc.

SEC. 368. Every person having charge of any steam-boiler or steam-engine, or other apparatus for generating or employing steam, used in any manufactory, or on any railroad, or in any vessel, or in any kind of mechanical work, who willfully, or from ignorance or neglect, creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler, engine, or apparatus, or to cause any other accident whereby the death of a human being is produced, is punishable by imprisonment in the state prison for not less than one nor more than ten years.

369. Death from collision on railroads.

SEC. 369. Every conductor, engineer, brakeman, switchman, or other person having charge, wholly or in part, of any railroad car, locomotive, or train, who willfully or negligently suffers or causes the same to collide with another car, locomotive, or train, or with any other object or thing, whereby the death of a

human being is produced, is punishable by imprisonment in the state prison for not less than one nor more than ten years.

370. Public nuisances defined.

SEC. 370. Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a public nuisance. [Amendment, approved March 30, 1874; Amendments 1873-4, 431; took effect July 1, 1874.]

Public nuisance: Compare with Civ. Code, sec. 3480. See also sections 3490-3495 of that code upon this subject generally.

371. Unequal annoyance or damage.

SEC. 371. An act which affects an entire community or neighborhood, or any considerable number of persons, as specified in the last section, is not less a nuisance because the extent of the annoyance or damage inflicted upon individuals is unequal. [Amendment, approved March 30, 1874; Amendments 1873-4, 432; took effect July 1, 1874.]

372. Maintaining a nuisance a misdemeanor.

SEC. 372. Every person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a misdemeanor.

373. Establishing or keeping pest-houses within cities, towns, or villages.

SEC. 373. Every person who establishes or keeps, or causes to be established or kept, within the limits of any city, town, or village, any pest-house, hospital, or place for persons affected with contagious or infectious diseases, is guilty of a misdemeanor.

Stats. 1853, 35, secs. 1, 2.

374. Putting dead animals in streets, rivers, etc.

SEC. 374. Every person who puts the carcass of any dead animal, or the offal from any slaughter-pen, corral, or butcher-shop, into any river, creek, pond, reservoir, stream, street, alley, public highway, or road in common use, or who attempts to destroy the same by fire within one fourth of a mile of any city, town, or village; and every person who puts the carcass of any dead animal, or any offal of any kind, in or upon the borders of any stream, pond, lake, or reservoir from which water is drawn for the supply of the inhabitants of any city, city and county, or any town in this state, so that the drainage from such carcass or offal may be taken up by or in such stream, pond, lake, or reservoir; or who allows the carcass of any dead animal, or any offal of any kind, to remain in or upon the borders of any such stream, pond, lake, or reservoir within the boundaries of any lands owned or occupied by him; or who keeps any horses, mules, cattle, swine, sheep, or live-stock of any kind, penned, corralled, or housed on, over, or on the borders of any such stream, pond, lake, or reservoir, so that the waters thereof shall become polluted by reason thereof—is guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section three hundred and seventy-seven of this code. [Amendment, approved March 23, 1876; Amendments 1875-6, 111; took effect from passage.]

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