R. Ass'n, 56 Hun, 190; 30 N. Y. State Rep'r, 407; 24 Abb. N. C. 309; 15 N. Y. Supp. 708; Corrigan v. Coney I. J. Club, 40 N. Y. State Rep'r, 144; 27 Abb N. Č. 300.

§ 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. [OPERATION OF, SUSPENDED, CH. 479 of 1887.]

See § 275, sub. 3, ante; Ruckman v. Bryan, 1 Den. 340; Same v. Pitcher, 1 N. Y. 392; Gibbons v. Governeur, 1 Den. 170; Harris v. White, 81 N. Y. 532; Brennan v. Brighton B. R. Ass'n, 56 Hun, 190; 30 N. Y. State Rep'r, 407; 24 Abb. N. C. 309; 15 N. Y. Supp. 708; Corrigan v. Coney I. J. Club, 40 N. Y. State Rep'r, 144; 27 Abb. N. C. 300.

CHAPTER X.

PAWNBROKERS.

SEC. 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 per

ticulars 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 interest above that allowed by law, except by virtue of a license from a municipal corporation or other authority empowered to grant licenses to pawnbrokers, is guilty of a misde

meanor.

§ 354. Refusing to exhibit stolen goods to owner. - A pawnbroker, 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 misdemeanor.

§ 355. 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 wilfully 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. No pawnbroker shall transact any pawnbroking business or advance any moneys upon goods pawned or received except between hours of seven o'clock A. M., and six o'clock P. M., on week days, excepting on Saturday, and then only between the hours of seven o'clock A. M., and twelve o'clock midnight, nor shall any business be transacted by pawnbrokers as such between the hours of twelve o'clock midnight on Saturday and seven o'clock A. M. on Monday, and every violation of these prohibitions is a misdemeanor. [AM'D BY CH. 709 of 1893.]

See § 572, post.

TITLE XI.

Of Other Offenses.

SEC. 356. Misconduct of veterinary surgeon.

357. Acts of intoxicated physician.

358. Willfully poisoning food, etc.

559. Overloading passenger vessel.

359a Offenses against navigation law.

359b. Id.; punishment.

360. Unauthorized pressure of steam.

861. Generation of unsafe amount of steam.

362. Mismanagement of steam boilers.

353. Fictitious copartnership names.

363a. Carrying on business as agent.

363b. Carrying on business under an assumed name.

364. Offenses against trade-marks.

364a. Offense against marking "silver," "sterling silver," etc.
364b. Same.

364c. "Sterling," "sterling silver," defined.

364d. Selling merchandise marked "coin."

364e. Selling merchandise with attachment marked "sterling."
364f. Selling merchandise with attachment marked "coin."

364g. Selling merchandise with covering marked "sterling."
364h. Selling merchandise with covering marked "coin."

364i. Unlawfully marking linen.

365. "Article of merchandise " defined.

366.

Trade-mark" defined

367. "Affixing" defined.

368. Trade-marks deemed "counterfeited."

369. Refilling or selling stamped mineral water bottles, etc.

3:0. Keeping such bottles with intent to refill or sell them.

371. Search for bottles kept in violation of law, authorized.

372. Defacing marks upon wrecked property.

373. Floating logs or defacing marks therein.

374. Officer unlawfully detaining wrecked property.

375. Fraud in affairs of limited partnership..

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.

383a. Bicycle race; time of riding during limited.

383b. Discrimination, when prohibited.

384. Acrobatic exhibitions.

384a. Contracts in relation to Indian lands.

384b. Penalty for dealing in convict-made goods of other states with.

out labelling.

384c. Elevator charges.

384d. Violation of domestic commerce law.

344e. Unlicensed peddlers.

384f. Failure to furnish statistics to commissioner of labor statistics. SEC. 384h. Hours of labor to be required.

384i. Payment of wages.

384j. Failure to furnish seats for female employees.

384k. No fees to be charged for services rendered by free public em

ployment bureaus.

3841. Violation of provisions of labor law.

384m. Notes given for patent rights.

384n. Notes given for a speculative consideration.

3840. Fraudulent entries and practices in contests of speed.

384p. Issue of trading stamps and other devices.

§ 356. Misconduct of veterinary surgeons. -A person who presents to a county clerk for registration as a practitioner of veterinary medicine or surgery any diploma or certificate fraudulently obtained or practices veterinary medicine and surgery without complying with or contrary to law, is guilty of a misdemeanor. This section shall not be construed to prohibit students from prescribing under the supervision of preceptors, or to prohibit gratuitous services in case of emergency or the services of an authorized practitioner of a neighboring state when incidentally called into requisition. [ADDED BY CH. 692 of 1893.]

§ 357. Acts of intoxicated physican.-A physician or surgeon, or person practicing as such, who, being in a state of intoxication, administers any poison, drug or medicine, or does any other act as a physician or surgeon, to another person, by which the life of the latter is endangered, or his health seriously affected, is guilty of a misdemeanor.

See $ 200, supra.

§ 358. Willfully poisoning food, etc.--A person who willfully mingles poison with any food, drink or medicine, intended or prepared for the use of human beings, and a person who willfully poisons any spring, well or reservoir of water, is punishable by imprisonment in a state prison not exceeding ten years, or in a county jail, not exceeding one year, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment.

See §§ 217, sub. 2, 218, sub. 1, supra.

§ 359. Overloading passenger vessel.-A person navigating a vessel for gain, who willfully or negligently receives so many passengers, or such a quantity of other lading on board the vessel, that by means thereof it sinks or is overset or injured, and thereby the life of a human being is endangered, is guilty of a misdemeanor. See $ 197, supra.

§ 359a. Offenses against the navigation law.-Any person having the charge, command or control of a steamboat or vessel who,

1. Permits a line used for the purpose of landing or receiving passengers, to be attached in any way to the machinery of any steamboat, or permits a small boat used for the purpose of landing or receiving passengers to be hauled by means of such machinery; or,

2. Carries or permits a steamboat to carry a greater number of passengers than is stated in the certificate of such steamboat issued under the navigation law; or,

3. Willfully violates any of the provisions of section eleven of the navigation law, relating to the sailing rules; or,

4. Neglects to carry and show on a vessel the lights required by section twelve of the navigation law; or,

5. Neglects to carry on a vessel the life boats and life preservers required by sections fourteen and fifteen of the navigation law; or,

6. Neglects to carry on a vessel the steam fire pump required by section thirteen of the navagation law; or,

7. Intentionally loads or obstructs or causes to be loaded or obstructed in any way the safety valve of the boiler of any steamboat or naphtha launch, or employs any other means or device whereby the boiler of such vessel may be subjected to a greater pressure than is allowed by the inspectors' certificate, or intentionally deranges or hinders the operation of any machinery or device employed to denote the stage of the water or steam in any boiler or to give warning of approaching danger, or intentionally permits the water to fall below the prescribed low water limit of the boiler; or,

8. Acts or permits another person to act as officer of a vessel without having the license required by section seventeen of the navigation law, except as permitted by the provisions of section thirty of the navigation law; or,

9. Uses or permits to be used in lamps, lanterns or other lights, on a vessel, any oil, which will not stand a fire test of at least three hundred degrees Fahrenheit; or

10. After employing a steam vessel for towing, receives any commission or compensation for orders given to the owner, captain or agent of any vessel for towage; or interferes with or hinders any such owner, captain or agent, while in the prosecution of his business; or,

11. Neglects to cause the dampers in the pipes or chimneys of a steamboat to be closed, or to otherwise prevent the escape of sparks and coals therefrom while passing near any of the villages or cities situated on the Hudson river, or while landing or receiving passengers or freight, or while lying at the docks or wharves thereof,

Is guilty of a misdemeanor. [ADDED BY CH. 584 of 1897. In effect May 19, 1897.]

§ 359b.-A person who violates any other provision of the navigation law for which no other punishment is prescribed is guilty of a misdemeanor. [ADDED BY CH. 584 of 1897. In effect May 19, 1897.]

§ 360. Unauthorized pressure of steam.-A person who applies, or causes to be applied, to a steam boiler a higher pressure of steam than is al lowed by law, or by the inspector, officer or person authorized to limit the pressure of steam to be applied to such boiler, is guilty of a misdemeanor.

See198, supra. People v. Jenkins, 1 Hill, 469; Landers v. Staten Island R. R. Co., 11 Abb. (N. S.) 338.

§ 361. Generation of unsafe amount of steam. -A captain or other person having charge of the machinery r boiler of a steamboat used for the conveyance of passengers, in the waters of this state, who from ignorance or gross neglect, or for the purpose of increasing the speed of the boat, creates, or causes to be created, an undue and unsafe pressure of steam, is guilty of a misdemeanor. See 198, supra. See cases cited under last section.

§ 362. Mismanagement of steam boilers. An engineer or other person having charge of a steam boiler, steam engine, or other apparatus for generating or employing steam, employed in a railway, manufactory, 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 the boiler, engine or apparatus, or cause any other accident whereby human life is endangered, is guilty of a misdemeanor.

See 198, supra.

§363. Fictitious copartnership names. - A person who transacts business, using the name, as partner, of one not interested with him as partner, or using the designation "and company," or "& Co." when no actual partner or partners are represented thereby, is guilty of a misdemeanor. But this section does not apply to any case, where it is specially prescribed by statute that a partnership name may be continued in use by a successor, survivor, or other person.

O'Toole v. Garvin, 1 Hun, 93; Swords v. Owen, 43 How. Pr. 181; Rosenheim v. Rosenfield, 37 N. Y. State Rep'r, 552; 8 N. Y. Supp. 655; Barron v. Yost, 35 N. Y. State Rep'r, 380; Cohn v. Gottschalk, 16 id. 818; Wood v. Erie Ry. Co., 72 N. Y. 196.

§ 363a, Carrying on business as agent.-1. Any person now carrying on or conducting a general mercantile or manufacturing business within this state, or hereafter commencing such business at or in a fixed location as agent or manager for another or others, shall within thirty days after the passage of this act, or the commencement of such business, file a sworn statement, verified by such agent and principal or principals, in the county clerk's office of the county within which said business is carried on, stating the nature of the business and the full name and residence of such principal or principals.

22. Any person or persons, principal or principals may be relieved from all liability for the future act of such agent or manager by filing in the office of the county clerk where the original statement appointing such agent or manager is filed, a statement revoking such agent or managership, to take effect ten days after the filing thereof; provided he shall, at or before the date of such filing serve either personally or by mail, in the manner prescribed by the code of civil procedure for service of papers in civil actions, a copy of such revocation statement on each person or firm with whom such principal shall have transacted any business through such agent or manager within six months previous to such filing. But failure to make service of such statement shall not invalidate such revocation except as to persons not so served, said statement to be acknowledged before an officer authorized to take acknowledgments of deeds and to be published in at least three consecutive issues of the newspaper published in the county and nearest to the place where the business of said agent or manager is carried on; but if no newspaper is published in said county, then said statement shall be published in the newspaper published nearest to the place where such business shall be carried on. [SECTIO) ADDED BY CH. 709 of 1893. SUBD. 2 AM'D BY CH. 890 of 1895. In effect Sept. 1, 1895.] 3. The county clerk shall keep a register of the names of such agent in alphabetics order, and of their principals, for which registering and filing he shall receive a fee of ona dollar; and copies of such certificate and registry certified by him and the affidavit c such publication shall be evidence.

4. Any person or persons failing to make and file the statement required by the firt; paragraph of this act, as herein required, shall be guilty of a misdemeanor. (ADDED F CH. 708 of 1893.]

§ 363b. Carrying on business under an assumed name.-1. No person or persons shall hereafter carry on or conduct or transact business in this state under any assumed name or under any designation, name or style, corporate or otherwise, other than the real name or names of the individual or individuals conducting or transacting such business, unless such person or persons shall file in the office of the

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