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. Floating logs or defacing marks thereon.--A person who: 1. Floats, runs or assists in floating or running any lumber, logs or other timber upon or over any river not excepted by law, within this state, recognized by law or use as a public highway for the purpose of floating and running lumber, logs and other timber therein, without first filing the bond executed and approved as required by law; or

2. 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 of lying upon land; is guilty of a misdemeanor. [AMD. BY CH. 692 of 1893.]

§ 374. Officer unlawfully detaining wrecked property. -An officer, whose dutise pertains 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 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 insane person, or a marriage to which within his knowledge a legal impediment exists, is guilty of a mis demeanor. Until a marriage has been dissolved or annulled by a proper tribunal or court of competent jurisdiction, any person who shall assume to grant a divorce, in writing, purporting to divorce husband and wife and permitting them or either of them to lawfully marry again, shall be guilty of a misdemeanor punishable by fine for the first offense not exceeding five hundred dollars, and for the second offense one thousand dollars, or imprisonment not exceeding one year, or both such fine and imprisonment. [AMD. BY CH. 461 of 1893.]

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, or upon the loan, use or sale of his personal credit in anywise, where there is taken for such loan, use or sale of personal credit security upon any household furniture, sewing machines, plate or silverware, in actual use, tools or implements of trade, wearing apparel or jewelry. or as security for the loan, use or sale of personal credit as aforesaid, makes a pretended purchase of such property from any person, and permits the pledger to retain the possession thereof, greater than six per centum per annum, is guilty of a misdemeanor. AM'D BY CHAP. 72 of 1895. In effect Sept. 1, 1895.

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$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 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.

$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.

$ 382. Frauds on hotel-keepers. - A person who obtains any lodging, food or accommodation at an inn, boarding-house or lodging-house, except an emigrant lodging-house, without paying therefor, with intent to defraud the proprietor or manager thereof, or who obtains credit at such an inn, boarding-house or lodginghouse, by the use of any false pretense, or who, after obtaining credit or accommodation at such an inn, boarding-house or lodging-house, absconds and surreptitiously removes his baggage therefrom without paying for his food, accommodation or lodging, is guilty of misdemeanor. AM'D BY CHAP. 883 of 1895. In effect Sept. 1, 1895.

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.

A person who:

1. Excludes a citizen of this state, by reason of race, color or previous condition of servitude, from the equal enjoyment of any accommodation, facility or privilege furnished by innkeepers or common carriers, or by owners, managers or lessees of theatres or other places of amusement, or by teachers and officers of com. mon schools and public institutions of learning, or by cemetery associations; or

2. Denies or aids or incites another to deny to any other person because of race, creed or color, full enjoyment of any of the accommodations, advantages, facilities and privileges of any hotel, inn, tavern, restaurant, public conveyance on land or water, theatre or other place of public resort or amusement,

Is guilty of a misdemeanor, punishable by fine of not less than fifty dollars nor more than five hundred dollars. [AMD. BY CH. 692 of 1893.]

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

$383a. Bicycle race; time of riding during limited-In a bicycle race, or other contest of skill, speed or endurance, wherein one or more persons shall be a contestant or contestants, it shall be unlawful for any contestant to continue in such race or contest for a longer time than twelve hours during any twenty-four hours. The proprietor, occupant or lessee of the place where such race or contest takes place, consenting to, allowing or permitting any violation of the foregoing provisions of this section is guilty of a misdemeanor. The manager or superintendent of such race or contest consenting to, permitting or allowing any violation of the provisions of the first sentence of this section is guilty of a misdemeanor. [New.] [ADDED BY CH. 316 OF 1899. In effect April 14, 1899.]

§383-a. Discrimination, when prohibited.-- If a person who owns, occupies, manages or controls a building, park, enclosure or other place, opens the same to the public generally at stated periods or otherwise, he shall not discriminate against any person or class of persons in the price charged for admission thereto. A person violating the provisions of this section is guilty of a misdemeanor. [New.] [ADDED BY CH. 724 OF 1899. In effect May 27, 1899.]

§ 384. Acrobatic exhibitions. - The proprietor, occupant or lessee 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.]

§ 384a. Contracts in relation to Indian lands. - A person who without the authority and consent of the legislature, in any manner or for* or on any terms, purchases any lands within this state of any Indian residing therein, or makes any contract with any Indian for or concerning the sale of any lands within this state, or gives, sells, demises, conveys or otherwise disposes of any such lands, or any interest therein, or offers so to do, or enters upon or takes possession of or settles upon any such lands, by pretext or color of any right or interest in the same, in consequence of any such purchase, or contract made or to be made, since October fourteenth, seventeen hundred and seventy-five, is guilty of a misdemeanor. [ADDED BY CH. 692 of 1893.]

§ 384b. Unlawful dealing in convict-made goods. -A person who

1. Sells or exposes for sale convict-made goods, wares or merchandise, without a license therefor, or having such license does not transmit to the secretary of state the statement required by article four of the labor law; or,

2. Sells, offers for sale, or has in his possession for sale any such convict-made goods, wares or merchandise without the brand, mark, or label required by article four of the labor law; or

3. Removes or defaces or in any way alters such brand, mark or label, is guilty of a misdemeanor, and upon conviction therefor shall be punished by a fine of not more than one thousand nor less than one hundred dollars, or by imprisonment for not less than ten days or by both such fine and imprisonment.] [NEW.] [AMENDED BY CH. 416 cf 1897. In effect June 2, 1897.J

See Laws 1896, chap. 931.

§ 384c. A person who charges for elevating, receiving or discharging grain by means of floating or stationary elevators a greater sum than is allowed by law is guilty of a misdemeanor. [New.] [ADDED BY CH. 551 of 1896. In effect Oct. 1, 1896.]

§384d. A person who violates any provision of section thirty-nine of the domestic commerce law is guilty of a misdemeanor. [New.] [ADDED BY CH. 551 of 1896. In effect Oct. 1, 1896.]

§ 384e. Unlicensed peddlers. —A person who is found trading as a peddler without a license, or contrary to the terms of his license, or who refuses to produce his license on demand of any officer or citizen is guilty of a misdemeanor. [New.) [ADDED BY CH. 551 of 1896. In effect Oct. 1, 1896.]

§ 384f. Failure to furnish statistics to commissioner of labor statistics. -Any person who refuses, when requested by the commissioner of labor statistics,

1. To admit him or a person authorized by him to a mine, factory, workshop, warehouse, elevator, foundry, machine shop or other manufacturing establishment; or,

2. To furnish him with information relative to his duties which may be in such person's possession or under his control; or,

3. To answer questions put by such commissioner in a circular or otherwise, or shall knowingly answer such questions untruthfally, is guilty of a misdemeanor, and on conviction therefor shall be punished by a fine of not less than fifty nor more than two hundred dollars. [New.] [ADDED BY CH. 416 of 1897. In effect June 2, 1897.]

§ 384g. Refusal to admit inspector to mines and quarries; failure to comply with requirements of inspector-A per

son,

1. Refusing to admit the factory inspector, or any person authorized by him, to a mine or quarry, for the purpose of examination and inspection.

2. Neglecting or refusing to comply with the provisions of article nine of the labor law upon written notice of the factory inspector, is guilty of a misdemeanor, and upon conviction therefor shall be punished by a fine of not less than fifty dollars, or by imprisonment for not less than thirty days. [New.] ADDED BY CH. 416 of 1897. In effect June 2, 1897.

§384h. Hours of labor to be required.-Any person or corporation,

1. Who, contracting with the state or a municipal corporation, shall require more than eight hours work for a day's labor; or,

2. Who shall require more than ten hours labor, including one-half hour for dinner, to be performed within twelve consecutive hours, by the employes of a street surface and elevated railway owned or operated by corporations whose main line of travel or routes lie principally within the corporate limits of cities of more than one hundred thousand inhabitants; or,

3. Who shall require the employes of a corporation owning or operating a brickyard to work more than ten hours in any one day or to commence work before seven o'clock in the morning, unless by agreement between employer and employe; or,

4. Who shall require the employes of a corporation operating a line of railroad of thirty miles in length or over, in whole or in part within this state to work contrary to the requirements of article one of the labor