mission of crime in the cases of People vs. Nichol, 34 poisoning medicine, or water." 347. Every person who willfully mingles any Willfully poison with any food, drink, or medicine, with intent food, that the same shall be taken by any human being, to his injury, and every person who willfully poisons any spring, well, or reservoir of water, is punishable by imprisonment in the State Prison for a term not less than one nor more than ten years. of NOTE.-Founded upon Sec. 3 of Act of 1856, relative to offenses against the person (Stats. 1856, p. 131), and extended to include cases deserving like punishment, and in this respect corresponds with the Penal Code of N. Y., Sec. 405; see note to Sec. 350, post. agement of 348. Every captain, or other person having charge Mismanany steamboat used for the conveyance of passen- steamboats gers, or of the boilers and engines thereof, who, from ignorance or gross neglect, or for the purpose of excelling any other boat in speed, creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler, or any apparatus or machinery connected therewith, by which bursting or breaking human life is endangered, is guilty of a misde meanor. NOTE.-See note to Secs. 349, 350, post. agement boilers. 349. Every engineer or other person having charge Misman- NOTE.-See Secs. 43, 1708, 1714, 1838, and 2194, Civil Counterfeiting trade marks. 350. Every person who willfully forges or counterfeits, or procures to be forged or counterfeited, any trade mark usually affixed by any person to his goods, with intent to pass off any goods to which such forged or counterfeited trade mark is affixed or intended to be affixed, as the goods of such person, is guilty of a misdemeanor. NOTE. This and the three succeeding sections are based upon the Act of March 3d, 1853.-Stats. 1853, p. 33. Their object is the protection of the purchaser as well as the manufacturer, and for this reason include within their scope everything that falls within the broadest definition of "trade mark." The remaining sections of this Chapter, relative to trade marks, are based upon the Act of April 3d, 1863 (Stats. 1863, p. 155), and are limited in their operation to the statutory trade marks, etc.-N. Y. P. C., Secs. 410, 412. The subject of the text in this section is becoming yearly more and more important. It is similar in import to the New York statutes (Laws of 1862, Chap. 306, Sec. 1), the phraseology being rendered more concise, and the punishment being reduced from an imprisonment not less than six months and not more than twelve, or a fine not exceeding five thousand dollars, to that of a misdemeanor. The subject of counterfeiting trade marks, including the kindred topic of refilling and selling stamped mineral water bottles, has received the careful attention of the New York Legislature. In 1845 an Act was passed (Laws of 1845, Chap. 279) punishing the forgery of stamps or labels. In 1850 the provisions of this Act were somewhat enlarged. In 1862 both these Acts were repealed, and a more comprehensive and stringent statute was passed (Laws of 1862, Chap. 306), which, with an amendment enacted in 1863 (Laws of 1863, Chap. 209), giving the party aggrieved a civil remedy in addition to the fine and imprisonment prescribed by the Act of 1862, embodies the law existing at the present time, upon the general subject of counterfeiting trade marks. Such is the history of New York legislation on this subject. Our State is not, as yet, fully launched on the sea of manufactories, but it is time the subject of their protection should be encouraged in so far as the advantages of trade marks are concerned. The kindred offense of selling mineral waters, water bottles, and others bearing the stamp of a particular manufacturer, is made punishable by Sec. 354, post, of this Chapter. The text of this Chapter is carefully drawn, retrenching goods which bear counterfeit 351. Every person who sells or keeps for sale any Selling goods upon or to which any counterfeited trade mark has been affixed, intending to represent such goods as trak the genuine goods of another, knowing the same to be counterfeited, is guilty of a misdemeanor. NOTE.-Selling or offering to sell goods having a trade mark thereon warrants the mark to be genuine.See Civil Code Cal., Sec. 1772. marks. of the counter 352. The phrases "forged trade mark" and "coun- Definition terfeited trade mark," or their equivalents, as used in phrase this Chapter, include every alteration or imitation of any trade mark so resembling the original as to be likely to deceive. feited trade etc. marks," mark" 353. The phrase "trade mark," as used in the "Trade three preceding sections, includes every description of defined. word, letter, device, emblem, stamp, imprint, brand, printed ticket, label, or wrapper usually affixed by any mechanic, manufacturer, druggist, merchant, or tradesman, to denote any goods to be goods imported, manufactured, produced, compounded, or sold by him, other than any name, word, or expression generally denoting any goods to be of some particular class or description. NOTE.-See 26 Vict., Chap. 88, Sec. 1; N. Y. Pol. 354. Every person who has or uses any cask, bottle, vessel, case, cover, label, or other thing bearing or having in any way connected with it the duly filed trade mark or name of another, for the purpose of dis Refilling bearing casks, etc.. trade mark Defacing marks upon wrecked property and posing with intent to deceive or defraud of any article. other than that which such cask, bottle, vessel, case, cover, label, or other thing originally contained or was connected with by the owner of such trade mark or name, is guilty of a misdemeanor. NOTE.-Stats. 1863, p. 155, Sec. 6. See notes to Secs. 349, 350, 351, ante. 355. Every person who defaces or obliterates the marks upon wrecked property, or in any manner disdestroying guises 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, is guilty of a misdemeanor. bills of lading. Defacing marks lumber, or wood. NOTE.-See Secs. 2403-2418, "Wrecks and Wrecked Property," Pol. Code Cal. 356. Every person who cuts out, alters, or defaces upon logs, any mark made upon any log, lumber, or wood, or puts a false mark thereon with intent to prevent the owner from discovering its identity, is guilty of a misdemeanor. NOTE.-See "Floating Lumber," Pol. Code Cal., Secs. 2389-2393. 357. (§ 65.) Every person who marks or brands, alters, or defaces the mark or brand of any horse, mare, colt, jack, jennet, mule, bull, ox, steer, cow, calf, sheep, goat, hog, shoat or pig belonging to another, with intent thereby to steal the same or to prevent identification thereof by the true owner, is punishable by imprisonment in the State Prison for not less than one nor more than five years. NOTE.-See Pol. Code Cal., "Marks and Brands," Secs. 3167-3172, 3182-3185, and notes. 358. Every member of a special partnership who commits any fraud in the affairs of the partnership, is guilty of a misdemeanor. NOTE.-See "Special Partnership," Civil Code Cal., Sec. 2477, et alia, and notes. ing or sol incestuous marriages. 359. Every person authorized to solemnize mar- Contractriage, who willfully and knowingly solemnizes any emnizing incestuous or other marriage forbidden by law, is pun- forbidden ishable by fine of not less than one hundred nor more than one thousand dollars, or by imprisonment in the County Jail not less than three months nor more than one year, or by both. NOTE.-What is incestuous marriage, see Civil Code false return or record of marriage. 360. Every person authorized to solemnize any Making marriage, who willfully makes a false return of any marriage or pretended marriage to the Recorder, and every person who willfully makes a false record of any marriage return, is punishable as provided in the preceding section. NOTE.-Stats. 1850, p. 424, Sec. 11. See Secs. 73, 74, 76, Civil Code Cal. treatment of lunatics, 361. Every person guilty of any harsh, cruel, or Cruel unkind treatment of, or any neglect of duty towards, any idiot, lunatic, or insane person, is guilty of a misdemeanor. etc. issue or of habeas 362. Every officer or person to whom a writ of Refusing to habeas corpus may be directed, who, after service obey writ thereof, neglects or refuses to obey the command corpus. thereof, is guilty of a misdemeanor. NOTE.-Stats. 1850, p. 334, Secs. 9, 39. ing persons upon writ 363. Every person who, either solely or as mem- Reconfinber of a Court, knowingly and unlawfully recommits, discharged imprisons, or restrains of his liberty, for the same of habeas cause, any person who has been discharged upon a writ of habeas corpus, is guilty of a misdemeanor. NOTE. Habeas corpus Act; Stats. 1850, p. 334; Part II, Title XII, Chap. I, Sec. 1473, et seq., post. The word "unlawfully" is inserted to exclude from the corpus. |