law, is guilty of a misdemeanor, and on conviction therefor shall be punished by a fine of not less than five hundred nor more than one thousand dollars for each offense. If any contractor with the state or a municipal corporation shall require more than eight hours for a day's labor, upon conviction therefor in addition to such fine, the contract shall be forfeited at the option of the municipal_corporation. [New.] [ADDED BY CH. 416 of 1897. In effect June 2, 1897. § 384i. Payment of wages.- A corporation or joint stock association or a person carrying on the business thereof, by lease or otherwise, who does not pay the wages of its employes in cash, weekly or monthly as provided in article one of the labor law, is guilty of a misdemeanor, and upon conviction therefor, shall be fined no less than twenty-five nor more than fifty dollars for each offense. [New.] [ADDED BY CH. 416 of 1897. In effect June 2, 1897.] § 384j. Failure to furnish seats for female employes. Any person employing females in a factory or mercantile establishment who does not provide and maintain suitable seats for the use of such employes and permit the use thereof by such employes to such an extent as may be reasonable for the preservation of their health, is guilty of a misdemeanor. (New.) (ADDED BY CH. 416 of 1897. In effect June 2, 1897.] § 384k. No fees to be charged for services rendered by free public employment bureaus. A person connected with or employed in a free public employment bureau, who shall charge or receive directly or indirectly, any fee or compensation from any person applying to such bureau for help or employment, is guilty of a misdemeanor. [New.) (ADDED BY CH. 416 of 1897. In effect June 2, 1897.] § 3841. Violations of provisions of labor law. -Any person who violates or does not comply with: 1. The provisions of article six of the labor law, relating to factories and the employment of children therein ; 2. The provisions of article seven of the labor law, relating to the manufacture of articles in tenements; 3. The provisions of article eight of the labor law, relating to bakeries and confectionery establishments, the employment of labor and the manufacture of flour or meal food products therein ; 4. The provisions of article eleven of the labor law relating to mercantile establishments, and the employment of women and children therein is guilty of a misdemeanor, and upon conviction shall be puntshed for a first offense by a fine of not less than twenty nor more than one hundred dollars; for a second offense by a fine of not less than fifty nor more than two hundred dollars, or by imprisonment for not more than thirty days, or by both such fine and imprisonment; for a third offense by a fine of not less than two hundred and fifty dollars, or by imprisonment for not more than sixty days, or by both such fine, and imprisonment. [New.] [ADDED BY CH. 416 of 1897. In effect June 2, 1897.] § 384m. Illegal practice of horseshoeing.-A person who presents to a county clerk, for the purpose of registration, a certificate purporting to qualify him to practice horseshoeing in a city of the first or second class, which has been fraudulently obtained, or practices as a horseshoer in any such city without complying with the provisions of article twelve of the labor law, or violates or neglects to comply with any of such provisions, is guilty of a misdemeanor. [New.) [ADDED BY CH. 416 of 1897. In effect June 2, 1897.] § 384m. Notes given for patent rights. A person who takes, rells or transfers a promissory note or other negotiable instrument, nowing the consideration of such note or instrument to consist in whole or in part, of the right to make, use or sell any patent invention or inDentions, or any invention claimed or represented to be patented, without having the words “given for a patent right” written or printed legibly and prominently on the face of such note or instrument above the signature thereto, is guilty of a misdemeanor. [New.) [ADDED BY CH. 613 of 1897. In effect Oct. 1, 1897.] NOTE. Both Ch. 416 of 1897 and Ch. 613 of 1897, added § 384m. The former will be in effect until Oct. 1, 1897, and the latter from that date, § 384n. Notes given for a speculative consideration.-A person who takes, sells or transfers a promissory note or other negotiable instrument, knowing the consideration of such note or instrument to consist in whole or in part of the purchase price of any farm product at a price greater by four or more times than the fair market value of the same product at the time in the locality, or in which the consideration shall be in whole or in part, membership of and rights in an ass -ciation, company or combination to produce or sell any farm product at a fictitious rate, or of a contract or bond to purchase or sell any farm product at such rate, without having the words “given for a speculative consideration," or other words clearly showing the nature of the consideration prominently and legibly written or printed on the face of such note or instrument above the signature thereof is guilty of a misde. meanor. [New.) (ADDED BY CH. 613 of 1897. In effect Oct. 1, 1897.] § 3840. Fraudulent entries and practices in contests of speed.-Any person who 1. Knowingly enters for competition for any purse, prize, premium, stake or sweepstakes offered or established by any person, association or corporation, any trotting or pacing horse, mare, gelding, colt or filly under an assumed name, or out of its proper class, or that has been painted or disguised or represented to be any other or different horse, mare, gelding, colt or filly from the one which is purported to be entered where such prize, purse, premium, stake or sweepstakes is to be decided by a contest of speed; or 2. Being the owner, trainer, or other person having the control of the racing qualities of any trotting or pacing horse, mare, gelding, colt or filly, knowingly allows the same to compete for any such prize, purse, premium, stake or sweepstakes under an assumed name, or out of its proper class, or as any other or different horse, mare, gelding, colt or filly than the one it actually is; or 3. In any competition for any such purse, prize, premium, stake or sweepstakes, knowingly drives any trotting or pacing horse, mare, gelding, colt or filly which has been entered under an assumed name, or out of its proper class or which has been painted or disguised, or represented to be any other or different horse, mare, gelding, colt or filly than the one it actually is Shall be guilty of a misdemeanor, punishable by a fine of not less than five hundred nor more than fifteen hundred dollars, or by imprisonment for not more than one year, or both. The class to which any such animal belongs for the purpose of the entry in any such contest of speed shall be determined by the public performance thereof in former contests of trials or speed, as provided by the printed rules of the person, association or corporation under which the proposed contest is advertised to be conducted. [ADDED BY CH. 394 OF 1898. In effect April 21, 1898.] § 384p. Issue of trading stamps and other devices. A person who shall: 1. Issue trading stamps or other devices to any person engaged in any trade, business or profession, with the promise, express or implied, that he will give to the person presenting to him such stamps or other devices, money or anything of value, without receiving from such person the value thereof, or make to any such person any concession or preference in any way, on account of the presentation of such trading stamps or other devices; or 2. Being engaged in any trade, business or profession, shall distribute or present to any person dealing with him, any such trading stamp or other device, in consideration of any article or thing purchased of, or any services performed by him, shall be guilty of a misdemeanor. 3. It shall not be unlawful for any merchant or manufacturer to place his own tickets, coupons or other vouchers in or upon packages of goods sold or manufactured by him. Such tickets, coupons or other vouchers to be redeemed by such merchant or manufacturer either in money or merchandise, whether such packages are sold directly to the consumer or through retail merchants. Nor shall it be uniawful for any person to issue with such package tickets, coupons or other voucher so issued by such merchant or manufacturer. [New.] [ADDED BY CH. 768 OF 1900. In effect September 1, 1900.3 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. 405a. Regulations as to prescriptions of opium and morphine. 406. Concealing foreign matter in merchandise. 407. Adulterating food, drugs, liquors, etc. 407a. Selling substitutes for pure juice of fruits. 408. Disposing of tainted food. 408a. Violations of agricultural law. 409. Making, selling, etc., dangerous weapons. 410. Carrying, using, etc., certain weapons. 411. Possession, presumptive evidence. 412. Carrying concealed weapons. 413. Negligently managing and refusing to extinguish fires. 415. Ferries. 415a. Penalty for neglect to post schedule of ferry rates. 416, Unlawful acts and neglect of duty by railroad official. 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. SEC. 426. Riding on freight cars. 427. Dangerous exhibitions; bathing. 427a. Unauthorized manufacture, sale or use of illuminating oils. ties. 429. Ice cutting and ice bridges. 429a. Detaching ice for bridge forbidden. 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. 433a. Lights upon swing bridges. 434. Exposing person affected with a contagious disease in a public place. 436. Eavesdropping. 437. Destroying invoice. 438. False labels. 438a. Using false marks as to manufacture. 439. Skimmed milk. 440. Master of vessel bringing foreign convict. 442. Use of certain dredges. 443. Mock auctions. 444. Interfering with navigation. 445. Maintaining private insane asylums. 447. Drugging person, etc. 447a. Negligently furnishing insecure scaffolding. 447b. Neglect to provide fire escapes, etc, 447c. Neglect to complete or plank floors of buildings constructed in cities. 447d. Requiring more than the legal weight for a bushel. § 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 stream, creek or other body of water which has been dredged or cleared at public expense, 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. Subd. 3, am'd by ch. 371 of 1901. See §§ 324, 328, supra. No length of time will legalize a nuisance. Rochester v. Erickson, 46 Barb. 92; Ogdensburgh 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 Laus. 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. İnfant or feme 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 C. 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. Subterranea stream Ellis v. Duncan, 21 Barb. 220; S. C., 29 N. Y. 466. Swampy lands, |