days. And in case such person shall be taken sick of any infectious, contagious or pestilential disease, during such twenty days, he may be detained at the marine hospital for such further time as the health officer directs. 3 R. S. 1058, § 36. 395. Violating quarantine regulations. A person who, having been lawfully ordered by a health officer to be detained in quarantine, and not having been discharged, leaves the quarantine grounds or anchorage, or willfully violates any quarantine law or regulation, is guilty of a misdemeanor. 3 R. S. 1058, § 36. § 396. Obstructing health officer in performance of his duty. A person who willfully opposes or obstructs a health officer or physician charged with the enforcement of the health laws, in performing any legal duty, is guilty of a misdemeanor. 3 R. S. 1054, § 25. § 397. Willful violation of health laws. A person who willfully violates any provision of the health laws the punishment for violating which is not otherwise prescribed by those laws, or by this Code, and a person who willfully violates or refuses or omits to comply with any lawful order or regulation prescribed by any board of health or health officer, or any regulation lawfully made or established by any public officer under authority of the health laws, is punishable by imprisonment not exceeding one year, or by a fine not exceeding two thousand dollars, or by both. Id. 398. Unlicensed piloting. A person other than a lawfully authorized branch hell gate pilot, who pilots, or offers to pilot, or tows, or offers to tow, any boat or vessel (except barges, vessels under fity five tons burden, and canal boats actually used in navigating the canals) through that part of the East river commonly called hell gate, is guilty of a misdemeanor. But no pilotage shall be charged to any vessel under a coasting license on entering or departing from the port of New York, by way of the East river, called hell gate, unless such vessel actually employs a pilot; and the making such such charge or demand without such employment, shall be deemed a misdemeanor. * § 399. Coasting steamers excepted. The last section does not apply to vessels propelled wholly or partly by steam, owned or belonging to citizens of the United States, and licensed and engaged in the coasting trade. *So in the original. § 400. Acting as port warden without authority. A person who, not being a port warden, assumes or undertakes to act as such, or undertakes the performance of any of the duties prescribed by law, as pertaining to the office of port warden; and a person who knowingly employs any other than the wardens for the performance of such duties, and a person who issues any certificate of a survey on vessels, materials or goods damaged, with intent to `avoid the provisions of any statute, is guilty of a misdemeanor. 2 R. S. 209, § 119. § 401. Apothecary omitting to label drugs, or labeling them wrongly. An apothecary, or druggist, or a person employed as clerk or salesman by an apothecary or druggist, or otherwise carrying on business as a dealer in drugs or medicines, who, in putting up any drugs or medicines, or making up any prescription, or filling any order for drugs or medicines, willfully, negligently or ignorantly omits to label the same, or puts any untrue label, stamp or other designation of contents upon any box, bottle or other package conaining a drug or medicine, or substitutes a different article for any article prescribed or ordered, or puts up a greater or less quantity of any article than that prescribed or ordered, or otherwise deviates from the terms of the prescription or order which he undertakes to follow, in consequence of which human life or health is endangered, is guilty of a misdemeanor. § 402. Apothecary selling poison without recording the sale. An apothecary or druggist, or a person employed as clerk or salesman by an apothecary or druggist, or otherwise carrying on business as a dealer in drugs or medicines, who sells or gives any poison or poisonous substance, without first recording in a book to be kept for that purpose the name and residence of the person receiving such poison, together with the kind and quantity of such poison received and the name and residence of some person known to such dealer, as a witness to the transaction, except upon the written order or prescription of some practicing physician whose name is attached to the order, is guilty of a misdemeanor. 3 R. S. 973, §§ 26-28. § 403. Refusing to exhibit record. A person whose duty it is by the last section to keep a book for recording the sale or gift of poisons, who willfully refuses to permit any person to inspect said book upon reasonable demand made during ordinary business hours, is punishable by a fine not exceeding fifty dollars. § 404. Selling poison without label. A person who sells, gives away or disposes of any poison or poisonous substance (except upon the order or prescription of a regularly authorized practicing physi cian), without attaching to the vial, box or parcel containing such poisonous substance, a label with the name and residence of such person, the word "poison," and the name of such poison all written or printed thereon in plain and legible characters; and a person who, after the first day of January, eighteen hundred and eighty-seven, sells, gives away or disposes of or offers for sale any sulphate or other preparation of opium or morphine, except paregoric and those preparations containing two grains or less of opium or morphine to the ounce, without attaching to the bottle, vial, box or package containing such sulphate or other preparation of opium or morphine, a scarlet label lettered in white letters, plainly naming the contents thereof, with the name and residence of such person, is guilty of a misdemeanor. § 405. Medical prescriptions. No person employed in a drug store or apothecary's shop shall prepare a medical prescription, unless he has served two years' apprenticeship in such a store or shop, or is a graduate of a medical college or college of pharmacy, except under the direct supervision of some person possessing one of those qualifications; nor shall any proprietor or other person in charge of such store or shop permit any person not possessing such qualifications to prepare a medical prescription in his store or shop, except under such supervision. A person violating any provision of this section is guilty of a misdemeanor, punishable by a fine not exceeding one hundred dollars, or by imprisonment not exceeding six months; and in case of death ensuing from such violation, the person offending is guilty of a felony, punishable by a fine not less than one thousand dollars nor more than five thousand dollars, or by imprisonment not less than two years nor more than four years, or by both such finc and imprisonment. § 405a. [added 1893.] Regulations as to prescriptions of opium and morphine. A person who, except on the written or verbal order of a physician, refills more than once prescriptions containing opium, morphine, or preparations of either, in which the dose of opium exceeds one-fourth grain, or morphine one-twentieth grain, is guilty of a misdemeanor. § 406. Concealing foreign matter in merchandise. A person who, with intent to defraud, while putting up in a barrel, bag, bale, box, or other package, cotton, hops, hay, or any other article of merchandise whatever, usually sold by weight in such packages, places or conceals therein any other substance or thing whatever, in a case where special provision for the punishment thereof is not otherwise made by statute, is guilty of a misdemeanor. § 407. [am'd 1889, 1892.] Adulterated goods, etc. A person who, either 1. With the intent that the same may be sold as unadulterated or undiluted, adulterates or dilutes wine, milk, distilled spirits or malt liquor, or any drug, medicine, food or drink, for man or beast, or, 2. Knowing that the same has been adulterated or diluted, offers for sale or sells the same as unadulterated or undiluted, or without disclosing or informing the purchaser that the same has been adulterated or diluted, in a case where special provision has not been made by statute, for the punishment of the offense, or, 3. Sells or offers to sell. or stores or transports with intent to sell for any purpose other than cooling beer in casks, ice cut from any canal or from the wide waters or basins of any canal, unless the ice so sold, or offered for sale or stored or transported, is contained in a building, cart, car, sleigh, float or receptacle upon which is plainly marked in roman or capital letters, not less than eight inches square, the words, "canal ice;" or, 4. Who shall adulterate maple sugar, maple syrup or honey, with glucose, cane sugar or syrup, beet sugar or syrup, or any other substance for the purpose of sale, or who shall knowingly sell or offer for sale maple sugar, maple syrup or honey that has been adulterated in any way, shall be deemed guilty of a inisdemeanor. 5. [added 1896.] Violate any provision of section thirty of the domestic commerce law, relating to canned and preserved food. § 407a. [added 1899.] Adulteration of natural fruit juices. Any person who shall knowingly sell, offer or expose for sale, or give away, any compound or preparation composed, in whole or in part, of any unwholesome, deleterious or poisonous acid, or other unwholesome, deleterious or poisonous substance, as a substitute for the pure, unadulterated and unfermented juice of lemons, limes, oranges, currants, grapes, apples, peaches, plums, pears, berries, quinces, or other natural fruits, representing such compound or preparation to be the pure, unadulterated and unfermented juice of any of such fruits; or who, in the mixing, decoction. or preparation of food or drink hall knowingly use any such compound or preparation in the place of, or as a substitute for, the pure, unadulterated and unfermented juice of one or more of such fruits, shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not more than two hundred and fifty dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment. § 408. Disposing of tainted food. A person who, with intention that the same may be used as fool, drink, or medicine, se ls, or offers or exposes for sale, any article whatever which to his knowledge, is tainted or spoiled, or for any cause unfit to be used as such food, drink, or medicine, is guilty of a misdemeanor. § 408a. [added 1893.] Violations of agricultural law. Any person who disregards, disobeys or violates any proclamation, notice, order or regulation, lawfully issued or prescribed by the commissioner of agriculture for the suppression or prevention of the spread of infectious or contagious diseases among domestic animals, or who violates any of the provisions of sections eighty and eighty-two of article five of the agricultural law is guilty of a misdemeanor; $409. [am'd 1900.] Making, etc. dangerous weapons. A person who manufactures, or causes to be munufactured, or sells or keeps for sale, or offers, or gives, or disposes of any instrument or weapon of the kind usually known as slungshot, billy, sand-club or metal knuckles, or who, in any city or incorporated village in this state, without the written consent of the police magistrate, sells or gives any pistol, or other firearm, to any person under the age of eighteen years or without a like consent sells or gives away any air-gun, or spring gun, or other instrument or weapon in which the propelling force is a spring or air to any person under the age of twelve years, or who sells or gives away any instrument or weapon commonly known as a toy pistol, in or upon which any loaded or blank cartridges are used, or may be used, to any person under the age of sixteen years, is guilty of a misdemeanor. § 410. [am'd 1889.] Carrying, etc., dangerous weapons. A person who attempts to use against another, or who, with intent so to use, carries, conceals, or possesses any instrument or weapon of the kind commonly known as the slungshot, billy, sandclub or metal knuckles, or a dagger, dirk or dangerous knife, is guilty of a felony. Any person under the age of eighteen years, who shall have, carry or have in his possession in any public street, highway or place in any city or incorporated village in the State, without a written license from a police magistrate of such city or incorporated village, any pistol or other firearm of any kind, shall be guilty of a misdemeanor. This section shall not apply to the regular and ordinary transportation of firearms as merchandise, or for use without the city or village limits. § 411. Possession, presumptive evidence. The possession, by any person other than a public officer, of any of the weapons specified in the last section, concealed or furtively carried on the person, is presumptive evidence of carrying, or concealing, or possessing, with intent to use the same in violation of that section. § 412. [added 1897.] Sub. 1. A person (other than a duly licensed physician or surgeon engaged in the lawful practice of his profession) who has in his possession any narcotic or anæsthetic substance, compound or preparation, capable of producing stupor or unconsciousness, with intent to administer the same or cause the same to be administered to another, without the latter's consent, unless by direction of a duly licensed physician, is guilty of a felony, punishable by imprisonment in the State prison for not more than ten years. 2. The possession by any person (other than as exempted in the foregoing subdivision) of any such narcotic or anæsthetic substance or compound, concealed or furtively carried on the person, is presumptive evidence of an intent to administer the same or cause the same to be administered in violation of the provisions of this section. 413. [am'd 1893.] Negligently managing and refusing to extinguish fires. A person who: 1. Willfully or negligently sets fire to, or assists another to set fire to any waste or forest lands belonging to the state or to another person whereby such forests are injured or endangered; or 2. Negligently sets fire to his own woods, by means whereof the property of another is endangered; or 3. Negligently suffers any fire upon his own land to extend beyond the limits thereof; or 4. Having been lawfully ordered to repair to a place of a fire in the woods, and to assist in extinguishing it, omits without lawful excuse to comply with the order, Is guilty of a misdemeanor. |