dise with such a trade mark as to appear to indicate the quantity, quality, character, place of manufacture or production, or persons manufacturing or producing the article, but not indicating it truly: or 6. Who knowingly sells, offers or exposes for sale, any goods which are represented in any manner, by word or deed, to be the manufacture or product of any person, firm or corporation, other than himself, unless such goods are contained in the original packages and under the labels, marks or names placed thereon by the manufacturer who is entitled to use such marks, names, brands or trade-marks; or, 7. Who shall sell or shall expose for sale any goods in bulk, to which no label or trademark shall be attached, and shall by representation, name or mark written or printed thereon, represent that such goods are the production or manufacture of a person who is not the manufacturer; is guilty of a misdemeanor. See Code Cr. Proc., 156; Low v. Hall, 47 N. Y. 104: People v. Fisher, 50 Hun, 553; 20 N. Y. State Rep'r, 538; People v. Molins, 7 N. Y. Cr. 51. 364a. Offenses against marking, etc., words, "silver," "sterling silver," or solid silver."-A person who makes, or sells, or offers to sell or dispose of, or has in his possession, with intent to sell or dispose of any article of merchandise marked, stamped or branded with the words "sterling," or "sterling silver;" or encased, or inclosed in any box, package, cover or wrapper, or other thing in, by or which the said article is packed, inclosed or otherwise prepared for sale or disposition, having thereupon any engraving, or printed label, stamp, imprint, mark or trade-mark, indicating or denoting by such marking, stamping, branding, engraving or printing that such article is silver, sterling silver or solid silver, unless nine hundred and twenty-five one-thousandths of the component parts of the metal of which the said article is manufactured is pure silver, is guilty of a misdemeanor. [ADDED BY CH. 474 of 1894. Took effect June 1, 1894.] § 364b. Same.-A person who makes, or sells, or offers to sell or dispose of, or has in his possession with intent to sell or dispose of, any article of merchandise marked, stamped or branded with the words "coin" or "coin silver;" or encased or inclosed in any box, package, cover or wrapper, or other thing in, by or which the said article is packed, inclosed or otherwise prepared for sale or disposition, having thereupon any engraving, or printed label, stamp, imprint, mark or trade-mark, indicating or denoting by such marking, stamping, branding, engraving or printing that such article is cein or coin silver, unless nine hundred one-thousandths part of the component parts of the metal of which the said article is manufactured is pure silver, is guilty of a misdemeanor. [ADDED BY CH. 474 of 1894. Took effect June 1, 1894.] § 365. "Article of merchandise " defined.--The expression" article of merchandise," as used in this title, signifies any goods, wares, work of art, commodity, compound mixture, or other preparation or thing, which may be lawfully kept or offered for sale. " 366. "Trade-mark" defined. — A "trade-mark is a mark used to indicate the maker, owner or seller of an article of merchan. dise, and includes, among other things, any name of a person, or corporation, or any letter, word, device, emblem, figure, seal, stamp, diagram, brand, wrapper, ticket, stopper, label, or other mark, lawfully adopted by him, and usually affixed to an article of merchandise, to denote that the same was imported, manufactured, produced, sold, compounded, bottled, packed, or otherwise prepared by him; and also a signature or mark, used or commonly placed, by a painter, sculptor, or other artist, upon a painting, drawing, engraving, statue, or other work of art, to indicate that the same was designed or executed by him. People v. Fisher, 50 Hun, 553; 20 N. Y. State Rep'r, 538: Caswell v. Davis, 58 N. Y. 223; Newman v. Alvord, 51 id. 189; Gillott v. Esterbrook, 48 id. 374; Hier v. Abrahams, 82 id. 519; Meneely v. Meneely, 62 id 427; Taylor v. Gillies, 59 id. 331; Smith v. Sixbury, 25 Hun, 232; Phelan v. Collender, 6 id. 244; Congress & E. Co. v. High R. C. S. Co., 45 N. Y. 291. 367. "Affixing" defined.- A trade-mark is deemed to be af fixed to an article of merchandise, when it is placed in any manner in or upon either 1. The article itself or 2. A box, bale, barrel, bottle, case, cask, or other vessel or package, or a cover, wrapper, stopper, brand, label, or other thing, in, by, or with which the goods are packed. inclosed, or otherwise prepared for sale or disposition. a 66 § 368. Trade-marks deemed "counterfeited." An imitation of trade-mark" is that which so far resembles a genuine trade-mark as to be likely to induce the belief that it is genuine, whether by the use of words or letters, similar in appearance or in sound, or by any sign, device or other means whatsoever. People v. Fisher, 50 Hun, 554; 20 N. Y. State Rep'r, 538; Coleman v. Crump, 70 N. Y. 573; Popham v. Cole, 66 id. 69; Clark v. Clark, 25 Barb. 76; Electro Silicon Co v. Levy, 59 How. 469. $369. Refilling or selling stamped mineral water bottles, etc. Any person engaged in making, bottling, packing, selling or disposing of milk, ale, beer, cider, mineral water or other beverage, may register his title as owner of a trade-mark by filing with the secretary of state and the clerk of the county where the principal place of business of such person is situated, a description of the marks and devices used by him in his business, and in case the same has not been heretofore published according to the laws existing at the time of publication, causing the same to be published in a newspaper of the county, three weeks daily, if in the city of New York`or Brooklyn, and weekly if in any other part of the state; but no trademark shall be filed which is not and cannot become a lawful trademark or which is merely the name of a person, firm or corporation unaccompanied by a mark sufficient to distinguish it from the same name when used by another person. After such registration the use without the consent of the owner of the trade-mark, so described, or the filling of any bottle, siphon, barrel, vessel or thing for the purpose of sale, or for the sale therein, of any article of the same general nature and quality which said bottle, siphon, barrel, vessel or other thing before contained, without the obliteration or defacement of the trade-mark upon it, when such trade-mark can be obliterated or defaced without substantial injury to the bottle, siphon, barrel, vessel or other thing so as to prevent its wrongful use, shall be deemed a misdemeanor. [AMD. CH. 513 of 1885.] Mullens v. People, 24 N. Y. 399; 23 How. 289. 370. Keeping such bottles with intent to refill or sell them, Any person engaged in the business of buying and selling bottles, siphons, barrels or other vessels or things, who shall, with intent to defraud the registered owner of a trade-mark, knowingly sell or offer for sale any bottle, siphon, barrel, vessel or other thing to any person, who he has reason to believe wrongfully intends to use the trademark upon it, or to fill such bottle, siphon, barrel, vessel or other thing in violation of section three hundred and sixty-nine, shall be deemed guilty of a misdemeanor. See Mullens v. People, 24 N. Y. 399. 371. Search for bottles. Whenever a registered owner of a trade-mark, or his agent, makes oath before a magistrate that he has reason to believe, and does believe, stating the grounds of his belief, that a bottle, siphon, barrel, vessel or other thing to which is affixed a trade-mark belonging to him is being used or filled, or has been sold or offered for sale, by any person whomsoever, in violation of the preceding sections, then the magistrate may issue a search warrant to discover the thing and cause the person having it in possession to be brought before him and may thereupon inquire into the circumstances, and if on examination he finds that such person has been guilty of the offense charged, he may hold the offender to bail to await the action of the grand jury, and the offender shall 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 or lying upon land; is guilty of a misdemeanor. [AMD. BY CH. 692 of 1893.] cer, § 374. Officer unlawfully detaining wrecked property.—An offiwhose duties pertain 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 who 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. 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. $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 a 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 Johus. 318; 6 id. 337; Matter of Jitz, 61 Mo, 205; 27 Am. Rep 218; Matter of Crow, 60 Wis. 349; 30 Alb. L. J. 210. $380. Concealing persons entitled to writ of deliverance. — A 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. 853 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 privi lege furnished by innkeepers or common carriers, or by owners, managers or les sees of theatres or other places of amusement, or by teachers and officers of common 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, restauraut, 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.] See381, supra. People v. King, 110 N. Y. 418; 42 Hun, 186. 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 CHI. 692 of 1893.] 384b. Penalty for dealing in convict-made goods without labeling. A person having in his possession for the purpose of sale, or offering for sale, any convict-made goods, wares or merchandise hereafter manufactured and sold, or exposed for sale, in this state without the brand, mark or label required by law, or removes or defaces such brand, mark or label, is guilty of a misdemeanor, punishable by a fine not exceeding ten hundred dollars nor less than one hundred dollars, or imprisonment for a term not exceeding one year nor less than ten days, or both. [AMD. BY CH. 931 of 1896. In effect Nov. 1, 1896.] 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 CII. 551 of 1896. effect Oct. 1, 1896.] So in original. "Form" is meant. In |