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What criminal.-At common law, bets or wagers upon a horse race were legal, and it required a statute to make them unlawful. Corrigan . Coney I. J. Club, 40 St. Rep, 144; 27 Abb. N. C., 300; 15 N. Y. Supp., 706. This statute was aimed at a race in which the competitors put up the money, where one had the chance of winning from the other. Gibbons . Gouverneur, 1 Denio, 170, and did not apply where the stake was put up by an outsider. Id. The statute provisions were substantially re-enacted in sections 351 and 352 of the Penal Code. Id. By chapter 479 of 1887, they are made inapplicable to racing associations between stated periods, May 15th and October 15th, in each year. Id.

This section makes either of three things criminal. (1.) If a person keeps or occupies a place with the requisite apparatus to record bets; (2.) If a person in fact does record bets; or, (3.) If an owner or occupant of premises knowingly permits the same to be used for these purposes, such acts are made misdemeanors. People v. Kelly. 3 N. Y. Cr., 273; 22 W. Dig., 64.

A bet at a legally authorized race course is illegal. People v. Kelly, 3 N. Y. Cr., 274; 22 W. Dig., 64; Ruckman v. Pitcher, 1 N. Y., 392.

What not. This statute does not refer to transactions where the stake is put up by a stranger. Corrigan . Coney I. J. Club, 27 Abb. N. C., 300; 40 St. Rep., 144; 15 N. Y. Supp., 706.

A corporation may give premiums or prizes to be won by superiority in speed or endurance, when it is incorporated for such a purpose. People v. Kelly, 3 N. Y. Cr., 274; 22 W. Dig., 64. The words "bets or wagers" are not similar in meaning to the words purses, prizes or premiums." Id. See

Harris e. White, 81 N. Y., 532.

An agreement by a horse racing association by which it offers a prize to the owner of the winning horse entered for a race, though such prize is in part made up from the entrance fees paid by the competitors, is not in violation of this statute. Corrigan v. Coney Î. J. Club, 27 Abb. N. C. 300; 40 St. Rep., 144. Pool selling -Pool-selling at horse races was declared to be void by the Revised Statutes. Brennan v. Brighton B. R. Ass'n, 56 Hun, 189; 24 Abb. N. C., 309; 30 St. Rep., 407; 7 N. Y. Supp., 221. This remained the law until the enactment of the Penal Code. Id. The Code was not intended to, and did not, legalize such a transaction unless permitted by special laws. Id.

Chapter 479 of 1887, though it does not expressly declare that pool-selling at the times and places therein specified shall be legal, inferentially shows the intention of the legislature to have been to legalize such sales. Brennan . Brighton B. R. Ass'n, 56 Hun, 188; 24 Abb. Ñ. C., 309; 30 St. Rep., 407; 7 N. Y. Supp., 221.

The effect of chap. 479 of 1887 is that sales of pools may be made between May 15 and October 15, but they must be confined to the tracks where the races take place, and on the same day as the races for which the sales may be made. Brennan 7. Brighton B. R. Ass'n, 56 Hun, 191; 24 Abb. N. C., 309; 30 St. Rep., 407; 7 N. Y. Supp., 221. This and the next section are suspended by this act for the period mentioned, without restoring the preceding law, and are thus rendered, for such time, inapplicable to such racing. Id.

This section is still in force except so far as it haseen modifed or suspended by chap. 479 of 1887. People ex rel. Ottolengui v. Barbour, 5 N. Y. Cr., 384. This act limited the number of days to thirty in each year, during which races may be conducted upon any race track of an incorporated racing association. Id. But all racing and pool-selling are confined to the period between May 15 and October 15 in cach year. Id.

The case of Jerome Park Company v. Board of Police, 11 Abb. N. C., 342. arose under the law as it existed in 1882, before the enactment of chap. 479 of 1887, and is inapplicable to subsequent transactions.

In People ex rel. Ottolengui v. Barbour, 5 N. Y. Cr., 381, an agreement, by which one party sent through another to a third party at a race track, a sum of money to be invested by the latter on a race to be run on that day, was held to constitute a violation of this section. The law prohibits the keeping of a room for the purpose of recording or registering bets or wagers. Id.

See People v. Bauer, 37 Hun, 407; 3 N. Y. Cr., 433; People v. Todd, 51

"

Hun, 450; 21 St. Rep., 402; 4 N. Y. Supp., 27; 6 N. Y. Cr., 222; De Lacy v. Adams, 23 N. Y. Supp., 298; 3 Mis. Rep., 432.

§ 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.

See notes under preceding section.

See subd. 3 of section 275, ante.

See chap. 296 of 1893, designed to encourage the breeding and improvement of trotting and pacing horses in the state of New York.

Suspension.-The operation of this section is suspended during a portion of the year by section 4 of chap. 479 of 1887.

Definition. It was held, in Harris v. White, 81 N. Y., 532, that the words bet o stakes," in the former statute, did not include contests of speed for purses, prizes or premiums," as those terms were commonly understood. But see this section. Brennan v. Brighton Beach Racing Ass'n, 30 St. Rep., 406; 56 Hun, 190; 9 N. Y. Supp., 221; Corrigan v. Coney Island Jockey Club, 40 St. Rep., 144; 27 Abb. N. C., 300; 15 N. Y. Supp., 706.

CHAPTER X

Pawnbrokers.

SECTION 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 particulars of sale; when to transact business.

$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 misdemeanor.

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; when to transact business. A pawnbroker who sells any article received by him

in pledge, before the time to redeem the same has expired, or who willfully refuses to disclose the name of the purchaser and the price 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 chap. 709 of 1893.

This amendment added the latter provision of the present section.

TITLE XI.

OF OTHER OFFENSES.

SECTION 356. Misconduct of veterinary surgeons.
357. Acts of intoxicated physicians.
358. Willfully poisoning food, etc.
359. Overloading passenger vessel.
360. Unauthorized pressure of steam.

361. Generation of unsafe amount of steam.

362. Mismanagement of steam boilers.

363. Fictitious copartnership names.

363a. Conducting business by agents.

364. Offenses against trade-marks, a misdemeanor.

364a. Offenses against marking, etc, with words, "silver," "

silver" and "solid silver."

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sterling

369. Persons engaged in bottling milk, etc., may register trade

mark.

370. Buying and selling with intent to defraud.

371. Search warrant may issue.

372. Detacing marks upon wrecked property.

373. Floating logs and defacing marks thereon.

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. Recontining persons discharged upon writ.

380 Concealing persons entitled to writ of deliverance.

381. Innkeepers and carriers refusing to receive guests and passen.

gers.

382. Defrauding of keeper of inn or boarding house, a misdemeanor. 383. Protecting civil and public rights.

384. Acrobatic exhibitions.

384a. Contracts in relation to Indian lands.

384b. Penalty for dealing in convict made goods of other states without labeling.

§ 356. Misconduct of veterinary surgeons.-A person who presents to a county clerk for registration as a practitioner

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 navigation 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 per mits 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 receiv ing passengers or freight, or while lying at the docks or wharves thereof,

Is guilty of a misdemeanor.

Added ch. 584, 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 ch. 584, 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 allowed 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.

See section 198, ante.

The case of Landers v. Staten I. R. R. Co.. 13 Abb. N. S., 338, was reversed in 53 N. Y., 450; 14 Abb., N. S., 346.

361. Generation of unsafe amount of steam.-A cap

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