ination, 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.

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.

2 R. S. 982, § 26.

§ 373. [am'd 1893. ] 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.

§ 374. Officer unlawfully detaining wrecked property. An officer, whose 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 misde

meanor.

2 R. S. 981, § 24.

§ 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.

3 R. S. 1156, § 19.

§ 376. [am'd 1893]. 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 misdemeanor. 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.

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.

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, greater than is allowed by statute, is guilty of a misdemeanor.

§ 379. Reconfining person 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.

3 R. S. 881, § 76.

§ 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.

2 R. S. 832, § 77.

§ 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.

382. Frauds on hotel keepers. A person who obtains any food or accommodation at an inn or boarding house, without paying therefor, with intent to defraud the proprietor or manager thereof, or who obtains credit at an inn or boarding house by the use of any false pretense, or who, after obtaining credit or accommodation at an inn or boarding house, absconds and surreptitiously removes his baggage therefrom, without paying for his food and accommodation, is guilty of a misdemeanor.

§ 383. [am'd 1893]. 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 funished by innkeepers or common carriers, or by owners, managers or lessees 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, 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.

§ 384. [am'd 1892.] Acrobatic exhibitions. The proprietor, occupant or lessee of any place where acrobatic exhibitions are held, who permits any person to perform on any trapese, 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.

§ 384a. [added 1893]. Contracts in relation to Indian lands. A person, who without the authority and consent of the legislature, in any manner or form 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 fourteen, seventeen hundred and seventy-five, is guilty of a misdemeanor.

§ 384b. [added 1893]. Penalty for dealing in convict-made goods of other states without labeling. A person having in his possession for the purpose of sale, or offering for sale, any convictmade goods, wares or merchandise, manufactured in any other state, without the brand, mark or label required by law, or who removes or defaces such brand, mark or label, is guilty of a misdemeanor.

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 officers.

393. Landing from vessel before visit of health officers.

394. Going on board vessel at quarantine grounds, or entering quara tine 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 labelling them wrongly. 402. Apothecary selling poison without recording the sale.

403. Refusing to exhibit record.

404. Selling poison without label.

405. Medical prescriptions.

405a.Prescriptions of opium and morphine.

406. Concealing foreign matter in merchandise.

407. Adulterating food, drugs, liquors, etc.

408. Disposing of tainted food.

408a. Violations of agricultural laws.

409. Making, selling, etc., dangerous weapons.

410. Carrying, using, etc., certain weapons.

411. Possession, presumptive evidence.

412. Carrying concealed weapons.

413. Negligently managing or refusing to extinguish fires.

414. Obstructing attempts to extinguish fires.

415. Ferries.

415a.Neglecting to post schedule of ferry rates.

416. Unlawful offers to railroad commissioners or their employés.
417. Misconduct of railroad commissioners and their employés.
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 em ployes.

421. Failure to ring bell, etc.

422. Placing passenger in front of bagagge car.

423. Platforms and heating apparatus of passenger car.

424. Guard posts; automatic couplers.

425. Officers of railroad companies to be uniformed.

426. Riding on freight trains.

427. Knife throwing, etc.; life-saving apparatus at bathing, etc.

428. Violating law to prevent conflagrations.

429. Duty of guarding ice cuttings; how long such guards must be maintained; violation of duty to maintain guards around ice cuttings.

429a.Detaching ice for bridges 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 on swinging bridges.

434. Exposing person affected with a contagious disease, in a public

place.

435. False rumors as to public funds, etc.

436. Eavesdropping.

437. Destroying invoice.

438. False labels.

438a.Using false marks as to manufacture.

4386. Selling half wine not labeled.

439. Skimmed milk.

440. Master of vessel bringing foreign convict.

441. Non-resident taking or planting oysters.

442. Use of certain dredges.

443. Mock auctions.

444. Interfering with navigation.

445. Maintaining private insane asylums.

446. Entering into agricultural fair grounds

447. Drugging person, etc.

447a.Negligently furnishing insecure scaffolding.

§ 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

& Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, a lake, or a navigable river, bay, stream, anal or basin, 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.

§ 386. Unequal damage. An act which affects a considerable number of persons, in either of the ways specified in the last section, is not less a nuisance because the extent of the damage is unequal,