1. Accepts, makes or issues any receipt, certificate or order of any kind for any commodity, unless the commodity represented is actually at the time in the possession of the corporation; or,

2. Delivers to any person any petroleum or other commodity received for transportation by such corporation without the presentation and surrender of all vouchers, receipts, orders or certificates that have been issued or accepted for the same; or,

3. Having parted with the possession of any commodity and having received therefor an order, voucher receipt or certificate shall reissue the same, or shall not cause it to be canceled by the word "canceled" stamped or printed legibly across the face thereof, and to be filed and recorded by such corporation, as provided by law:

Is guilty of a misdemeanor. [As AMD. by CH. 692, LAWS 1892. Took effect May 18, 1892.]

§ 629. Issuing fictitious bills of lading, receipts and vouchers.A person who:

1. Being the master, owner or agent of any vessel, or officer or agent of any railway, express or transportation company, or otherwise being or representing any carrier, who delivers any bill of lading, receipt or other voucher, by which it appears that merchandise of any kind has been shipped on board a vessel, or delivered to a railway, express or transportation company, or other carrier, unless the same has been so shipped or delivered and is at the time actually under the control of such carrier, or the master, owner or agent of such vessel, or of some officer or agent of such company, to be forwarded as expressed in such bill of lading, receipt or voucher; or,

2. Carrying on the business of a warehouseman, wharfinger or other depository of property, who issues any receipt, bill of lading or other voucher for merchandise of any kind which has not been actually received upon the premises of such person, and is not under his actual control at the time of issuing such instrument, whether such instrument is issued to a person as being the owner of such merchandise, or as security for any indebtedness;

Is guilty of a misdemeanor, punishable by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both. [As AMD. by CH. 692, LAWS 1892. Took effect May 18, 1892. Combines Penal Code, §§ 628 and 629.]

§ 630. Erroneous bills of lading or receipts, issued in good faith, excepted.- No person can be convicted of an offense under the last two sections, for the reason that the contents of any barrel, box, case, cask or other vessel or package mentioned in the bill of lading, receipt or other voucher did not correspond with the description given in such instrument of the merchandise received, if such description corresponds substantially with the marks, labels or brands upon the outside of such vessel or package, unless it appears that the defendant knew that such marks, labels or brands were untrue.

§ 631. Duplicate receipts must be marked " duplicate." -A person mentioned in sections 628 and 629, who issues any second or duplicate receipt or voucher, of a kind specified in those sections, at a time while a former receipt or voucher for the merchandise specified in such second receipt is outstanding and uncanceled, without writing across the face of the same the word "duplicate," in a plain and legible manner, is punishable by imprisonment not exceeding one year, or by a fine not exseeding one thousand dollars, or by both.

$638. Selling, etc., property received for transportation or storage. A person mentioned in sections 628 and 629, who selis or pledges any merchandise for which a bill of lading, receipt or voucher has been issued by him, without the consent in writing thereto of the person holding such bill, receipt or voucher, is punishable by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both.

$633. Bill of lading, etc., to be canceled, etc.-A person mentioned in section 629, who delivers to another any merchandise for which a bill of lading, receipt or voucher has been issued, unless such receipt or voucher bears upon its face the words "not negotiable," plainly written or stamped, or unless such receipt is surrendered to be canceled at the time of such delivery, or unless, in the case of a partial delivery, a memorandum thereof is indorsed upon such receipt or voucher, is punishable by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both.

$634. Property demanded by process of law. The last two sections do not apply to any case where property is demanded by virtue of legal process.

Keyser v. Harbeck, 3 Duer, 373; Zachrisson v. Ahman, 2 Sandf. 68.

§ 634a, Failure to issue bill of lading.-Any person who, being the owner, master or agent of any vessel transporting merchandise or property between the ports of this state, departs with such vessel or causes such vessel to depart from the port where such merchandise or property is taken on board, without giving or tendering to the shipper of such merchandise or property, if a bill of lading be demanded by such shipper, a bill of lading or shipping document as provided by section forty-one of the domestic commerce law, is guilty of a misdemeanor. ADDED BY CH. 156 OF 1898. In effect Septemb ,1898.

CHAPTER XIV.

MALICIOUS MISCHIEFS AND OTHER INJURIES TO PROPERTY.

SEC. 635. Injuries to railroad tracks, etc.

636. Damaging building, etc., by explosion

637. Burning certain property, how punished.

638. Altering, etc., signal or light for vessel, etc.

639. Injuries to property, etc.

640. Malicious injury and destruction of property.

640a. Trespasses on Indian land.

640b. Trespasses on Onondaga reservation.

640c.Cutting ice in front of premises of another.

640d. Offering real property for sale without written authority.
640e. Applying for a loan on real property without written authority.

641. Divulging, etc., telegram, a misdemeanor.

642. Opening or publishing a sealed letter, etc.

643. Affixing advertisement to another's land, etc., how punished.

644. Presumptive evidence against certain persons.

645. Endangering life by maliciously placing explosives near building.

646. Malicious injury to standing crops, when a misdemeanor.

647. Removal of books and works of art from library; willful injury

to works of art, ornamental trees, etc.

648. Malicious injury to certain articles in museum, etc., how punished.

649. Destroying, etc., election returns.

650. Property in house of worship, etc.

651. Unlawful interference with gas meter or steam valves.

652. Driving vehicle, etc., on sidewalks.

652a. Riding bicycle on sidewalk or foot-path.

653. Coercing another person, a misdemeanor.

654. Injury to other property, how punished.

654a.Throwing any substance on highway to injure cycle.

§ 635. Injuries to railroad tracks, et cetera. A person who willfully :

1. Displaces, loosens, removes, injures or destroys any rail, sleeper, switch, bridge, viaduct, culvert, embankment or structure or any part thereof, attached, appertaining to or connected with any railway, or by any other means attempts to wreck, destroy, or so damage any car, tender, locomotive or railway train or part thereof, while moving or

standing upon any railway track in this state, as to render such car, tender, Locomotive or railway train wholly or partially unfit for its ordinary use, whether operated by steam, electricity or other motive power; or

2. Places any obstruction upon the track of any such railway; or 3. Willfully destroys or breaks any guard erected or maintained by a railroad corporation as a warning signal for the protection of its employes; or 4. Willfully discharges a loaded firearm or projects, or throws a stone or other missile at a railway train, or at a locomotive, car or vehicle standing or moving upon a railway; or

5. Willfully displaces, removes, cuts, injures or destroys any wire, insulator, pole, dynamo, motor, locomotive, or any part thereof, attached, appertaining to or connected with any railway operated by electricity, or willfully interferes with or interrupts any motive power in running such road, or willfully places any obstruction upon the track of such railroad, or willfully discharges a loaded firearm, or projects or throws a stone or any other missile at such railway train or locomotive, car or vehicle, standing or moving upon such railway; or

6. Removes a journal brass from a car while standing upon any railroad track in this state, without authority from some person who has a right to give such authority, is punishable as follows: First. If thereby the safety of any person is endangered, by imprisonment for not more than twenty years. Second. In every other case by imprisonment for not more than Ave years. [AMD. BY CH. 183 of 1897. In effect Sept. 1, 1897.]

Is punishable as follows:

1. If thereby the safety of any person is endangered, by imprisonment for not more than ten years.

2. In every other case, by imprisonment for not more than three years or by a fine of not more than two hundred and fifty dollars, or both. [AS AMD. BY CH. 692, LAWS 1892. Took effect May 18, 1892. Substitute for Penal Code, § 635.]

Loomis v. Edgerton, 19 Wend. 419; State v. Kelty, 28 Minn. 421; People v. Dowling, 1 N. Y. Cr. 529.

§ 636. Damaging building, etc., by explosion. - A person who unlawfully and maliciously, by the explosion of gunpowder, or any other explosive substance, destroys or damages any building or ves. sel, is punishable as follows:

1. If thereby the life or safety of a human being is endangered, by imprisonment for not more than ten years;

2. In every other case by imprisonment for not more than five years.

See § 201, ante; § 645, post.

§ 637. Burning certain property, how punished.- A person who willfully burns or sets fire to any grain, grass, or growing crop, or standing timber, or to any building, fixtures or appurtenances to real property of another, under circumstances not amounting to arson in any of its degrees, is punishable by imprisonment for not more than four years.

See $ 486, ante.

§ 638. Altering, etc., signal or light for vessel, etc. - A person who, with intent to bring a vessel, railway engine, or railway train into danger, either

1. Unlawfully or wrongfully shows, masks, extinguishes, aiters,

or removes a light or other signal; or

2. Exhibits any false light or signal;

Is punishable by imprisonment for not more than ten years.

§ 639. Injuring telegraph or telephone line. - A person who will

fully or maliciously displaces, removes, injures, or destroys,

1. A public highway or bridge, or a private way laid out by authority of law, or a bridge upon such public or private way; or

2. A pier, boom, or dam, lawfully erected or maintained upon any water within the state, or hoists any gate in or about such dam; or

3. A pile, or other material, fixed in the ground and used for securing any sea-bank or sea walls, or the bank or dam of any river or other water, or any dock, quay, jetty, or lock; or

4. A buoy or beacon, lawfully placed in any waters within the state; or 5. A tree, rock, post or other monument, which has been either erected or marked for the purpose of designating a point in the boundary of the state, or of a county, city, town, or village, or of a farm, tract, or lot of land, or any mark or inscription thereon; or

6. A mile-board, mile-stone, or guide post, erected upon a highway, or any inscription upon the same; or

7. A line of telegraph or telephone, wire or cable, pier or abutment, or the material or property belonging thereto, without lawful authority, or who shall unlawfully and willfully cut, break, tap, or make connection with any telegraph or telephone line, wire, cable or instrument, or read or copy in any unauthorized manner any message, communication or report passing over it, in this state; or who shall willfully prevent, obstruct or delay, by any means or contrivance whatsoever, the sending, transmission, conveyance or delivery, in this state, of any authorized message, communication or report by or through any telegraph or telephone line, wire or cable, under the control of any telegraph or telephone company doing business in this state; or who shall aid, agree with, employ or conspire with any person or persons to unlawfully do, or permit or cause to be done, any of the acts hereinbefore mentioned, or who shall occupy, use a line, or shall knowingly permit another to occupy, use a line, a room, table, establishment, or apparatus or unlawfully do or cause to be done any of the acts hereinbefore mentioned; or

8. A pipe or main for conducting gas or water, or any works erected for supplying buildings with gas or water, or any appurtenance or appendage connected therewith; or

9. A sewer or drain, or a pipe or main connected therewith, or forming part thereof; or who

10. Destroys or damages with intent to destroy or render useless any engine, machine, tool or implement intended for use in trade or husbandry;

11. Any person who shall without authority of the corporation owning the same open any fire-hydrant, except for the purpose of extinguishing fire, or who shall wantonly injure or impair the same, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of ten dollars or by imprisonment in a county jail for the term of ten days; and it shall be the duty of all policemen, deputy sheriffs or constables to arrest any person found violating this act. [SUBD. 11 ADDED BY CH 338 OF 1899. In effect Sept. 1, 1899.]

Is punishable by imprisonment for not more than two years. [AM'D CH 372, LAWS 1892. Took effect May 16, 1892.]

$ 56 of Code of Cr. Proc. Waas v. Stephens, 128 N. Y. 127; 38 N. Y. State Rep'r, 883.

$640. Malicious injury and destruction of property.-A person who willfully:

5. Enters without the consent of the owner or occupant any orchard, fruit garden, vineyard or ground whereon is cultivated any fruit, with intent to take, injure or destroy anything there growing or grown; or,

6. Cuts down, destroys or in any way injures any shrub, tree or vine being or growing within any such orchard, garden, vineyard or upon any such ground, or any building, framework or erection thereon; or,

7. Maliciously injures any ice upon any waters from which ice is taken as an article of merchandise with intent to injure the owner thereof, or enters or skates upon any pond or body of water not navigable, kept and used for the purpose of taking ice therefrom as an article of merchandise, and upon or adjoining whicha notice has been placed in a conspicuous position forbidding such entry, and stating the purpose for which said body of water is kept or used, or puts or throws upon or into any such pond or body of water any stick, stone or other substance to the injury of the ice or water; or,

8. Unlawfully takes or carries away or interferes with or disturbs by any means the oyster or other shell fish of another, legally planted upon the bed of any river, bay, sound or water of this state, or removes, pulls up or destroys any stake or buoy designated or marking out any legally planted oyster bed of another is guilty of a misdemeanor; and any oysters planted upon the bed of any waters of this state leased by the commissioners of fisheries shall be deemed legally planted, and evidence that any boat or vessel has been used for the purpose of taking, carrying away or interfering with such oysters shall be presumptive evidence of guilt as against the owner, master or crew of such vessel. [AMD. BY CHS. 164 (Took effect March 23, 1894) AND 320 (Took

ct April 18, 1894) OF 1894.]

9. Intrudes or places any hovel, shanty or building upon, or within the limits of any lot or piece of land within any incorporated city or village, without the consent of the owner, or within the boundaries of any street or avenue within such city or village; or,

10. Kills, wounds or traps any bird, deer, squirrel, rabbit or other animal within the limits of any cemetery or public burying ground, or of any public park or pleasure ground, or removes the young of any such animal, or the eggs of any such bird, from any cemetery, park or pleasure ground, or exposes for sale, or knowingly buys or sells any bird or animal so killed or taken; or,

11. Drives or leads along a public highway a wild and dangerous animal, or a vehicle or engine propelled by steam, except upon a railroad, along a public highway, or causes or directs such animal, vehicle or engine to be so driven, led, or to be made to pass, unless a person of mature age shall precede such animal, vehicle or engine by at least one-eighth of a mile, carrying a red light, if in the night time, and gives warning to all persons whom he meets traveling such highway, of the approach of such animal, vehicle or engine; or,

12. Takes or attempts to take, without the consent of the owner of any lake or pond, any fish from the waters thereof, provided such lake or pond is so situated that fish cannot pass thereinto from the waters of any other lake, pond or stream, either public or owned by other persons; or without the consent of the owner of any such lake or pond, places therein any piscivorous fish or any poison or other substance injurious to the health of fish, or lets the water out of any such lake or pond with intent to take fish therefrom or to harm fish therein; or

13 Injures any arsenal or armory, or its fixtures, or any uniforms, arms or equipments, or other property therein deposited; or

14. Trespasses upon any rifle range lawfully used by or in connection with the national guard of the state, or any organization, division or district thereof, or who injures any target or other property situate thereon, or who willfully violates thereon any regulation established to maintain order, preserve property or to prevent accident upon such range, or removes, mutilates or destroys a battle flag, book, placard, relic or record deposited or kept in the state military bureau; or,

15 Cuts, spoils or destroys any cordage, cable, buoys, buoy-rope, head-fast or other fast fired to the anchor or moorings belonging to any vessel, or who shall, with intent to injure, tamper in any way with the lines or cables by which any vessel is moored or made fast, or who shall, with intent to injure, tamper in any manner with the steering-gear, bell-gear, engines, machinery lights or any other equipments of any vessel, shall be deemed guilty of a misdemeanor. [SUBD. 15, ADDED BY CH. 552 OF 1896. In effect Sept. 1, 1896.]

16. Any person, who in any manner, for exhibition or display, places or causes to be placed, any inscription, design, device, symbol, name, advertisement, words, characters, marks or notice whatever upon any flag, standard, color or ensign of the United States or state flag of this state or ensign evidently purporting to be either of said flags, standards, colors or ensigns, or who, in any manner appends, annexes or affixes or causes to be appended, annexed or affixed, to any such flag, standard, color or ensign, any inscription,