THE PENAL CODE OF THE STATE OF NEW YORK. PORTIONS THEREOF APPLICABLE AND RELATING ΤΟ RAILROAD CORPORATIONS. Compelling employee to agree not to join any labor organization a misdemeanor. SECTION 171A. Any person or persons, employer or employers of labor, and any person or persons of any corporation or corporations on behalf of such corporation or corporations, who shall hereafter coerce or compel any person or persons, employee or employees, laborer or mechanic, to enter into an agreement, either written or verbal from such person, persons, employee, laborer or mechanic, not to join or become a member of any labor organization, as a condition of such person or persons securing employment, or continuing in the employment of any such person or persons, employer or employers, corporation or corporations, shall be deemed guilty of a misdemeanor. The penalty for such misdemeanor shall be Imprisonment in a penal institution for not more than six months, or by a fine of not more than two hundred dollars, or by both such fine and impřis. onment. (Chap. 688, Laws of 1887.) Use of force or violence declared not unlawful in certain cases, etc. 5. When committed by a carrier of passengers, or the authorized agents or servants of such carrier, or by any person assisting them, at their request, in expelling from a carriage, railway car, vessel or other vehicle, a passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force or violence used is not more than sufficient to expel the offending passenger, with a reasonable regard to his personal safety. * * * * * Advising or inducing employees not to wear uniform a misdemeanor. § 425. A person who, 1. Advises or induces any one, being an officer, agent or employee of a railway company, to leave the service of such company, because it requires a uniform to be worn by such officer, agent or employee, or to refuse to wear such uniform, or any part thereof; or, 2. Uses any inducement with a person employed by a railway company to go into the service or employment of any other railway company, because a uniform is required to be worn; or, 3. Wears the uniform designated by a railway company without authority; Is guilty of a misdemeanor. (2 R. S. 534, § 40; 2 R. S., 560, § 143; Laws of 1867, chap. 483, § 1.) 4. Willfully burns, or sets on fire, in the night-time, a car, vessel or other vehicle, or a structure or building, ordinarily occupied at night by a human being, although no person is within it at the time. * Arson in third degree. § 488. A person who willfully burns, or sets on fire, either, 1. A vessel, car, or other vehicle, or a building, structure or other erec tion, which is at the time insured against loss or damage by fire, with intent to prejudice the insurer thereof; or, 2. A vessel, car or other vehicle, or a building, structure or other erection under circumstances not amounting to arson in the first or sec ond degree. Burglary in third degree. $498. A person who either, 1. With intent to commit a crime therein, breaks and enters a building, or room, or any part of a building; or, 2. Being in any building, commits a crime therein and breaks out of the same; Is guilty of burglary in the third degree. (3 R. S. 941, §§ 18, 19.) Unlawfully entering building. § 505. A person who, under circumstances or in a manner not amounting to a burglary, enters a building, or any part thereof, with intent to commit a felony or a larceny, or any malicious mischief, is guilty of a misdemeanor. "Building," defined. $504. The term "building," as used in this chapter, includes a railway car, vessel, booth, tent, shop or other erection or inclosure. Riding on freight or wood trains; getting on car or train while in motion; obstructing, etc., horse or street railroad cars; punishment. § 426. A person who, 1. Rides on any engine or any freight or wood car of any railway com pany, without authority or permission of the proper officers of the com pany or of the person in charge of the car or engine; or, 2. Who gets on any car or train while in motion, for the purpose of obtaining transportation thereon as a passenger; or, 3. Who willfully obstructs, hinders or delays the passage of any car lawfully running upon any horse or street railway; Is guilty of a misdemeanor. (Laws of 1871, chap. 261; Laws of 1879, chap. 474; Laws of 1880, chap. 370.) Penalty for attempting to forward any explosive by railroad without revealing true nature thereof. § 389. A person who makes or keeps gunpowder, nitro-glycerine, or any other explosive or combustible material, within a city or village, or carries such materials through the streets thereof, in a quantity or manner prohibited by law or by ordinance of the city or village is guilty of a misde meanor. And a person who, by the careless, negligent or unauthorized use or management of gunpowder or other explosive substance, injures or occasions the injury of, the person or property of another, is punishable by imprisonment for not more than two years. Any person or persons who shall knowingly present, attempt to present, or cause to be presented or offered for shipment, to any railroad, steamboat, steamship, express or other company engaged as common carriers of passengers or freight, dynamite, nitro-glycerine, powder or other explosives dangerous to life or limb, without revealing the true nature of said explosive, or substance so offered or attempted to be offered to the company or carrier to which it shall be presented shall be guilty of a felony, and upon conviction shall be fined in any sum not exceeding one thousand dollars and not less than three hundred dollars or imprisonment in a State prison for not less than one nor more than five years or be subject to both such fine and imprisonment. (As amended by chap. 689, Laws of 1887.) Endangering life by maliciously placing explosive near building, car, etc. § 645. A person who places in, upon, under, against or near to, any building, car, vessel or structure, gunpowder or any other explosive substance, with intent to destroy, throw down or injure the whole or any part thereof, under such circumstances, that if the intent were accomplished, human life or safety would be endangered thereby, although no damage is done, is guilty of a felony. (See $$ 201, 389, 636.) Imigrants; sales and exchanges of passenger tickets. § 626. A person who, 1. Sells, or causes to be sold, a passage ticket, or order for such ticket, on any railway, vehicle or vessel, to any imigrant passenger at a higher rate than one and a quarter cents per mile; or, 2. Takes payment for any such ticket or order for a ticket under a false representation as to the class of the ticket, whether emigrant or firstclass; or, 3. Directly or indirectly, by means of false representations, purchases or receives from an emigrant passenger any such ticket; or, 4. Procures or solicits any such passenger having such a ticket to exchange the same for another passenger ticket, or to sell the same and purchase some other passenger ticket; or, 5. Solicits or books any passenger arriving at the port of New York from a foreign country before such passenger has left the vessel on which he has arrived, or enters or goes on board any vessel arriving at the port of New York from a foreign country, having emigrant passengers on board, for the purpose of soliciting or booking such passengers; and a person or agent of a corporation employing any person for the purpose of booking such passengers before leaving the ship; Is guilty of a misdemeanor. (1 R. S. 1087, §§ 78, 79, 81, Laws of 1853, chap. 218, §§ 7, 8, 9; Laws of 1855, chap. 474, §§ 1, 3, 4.) "Company" defined. § 627. The term "company," as used in this chapter, includes all cor porations, whether created under the laws of this State or of the United States, or those of any other State or nation. (Laws of 1860, chap. 103, § 13.) Forging passage tickets. § 516. A person who, with intent to defraud, forges, counterfeits, or falsely alters any ticket, cheque or other paper or writing, entitling or purporting to entitle the holder or proprietor thereof to a passage upon any railway or in any vessel or other public conveyance; and a person who, with like intent, sells, exchanges or delivers, or keeps or offers for sale, exchange or delivery, or receives upon any purchase, exchange or delivery, any such ticket, knowing the same to have been forged, counterfeited or falsely altered, is guilty of forgery in the third degree. (3 R, S. 954, §§ 93, 94; Laws of 1860, p. 177, chap. 103.) Injury to railroad track, etc., how punished. § 635. A person who, 1. Displaces, removes, injures or destroys a rail, sleeper, switch, bridge, viaduct, culvert, embankment or structure, or any part thereof, attached or appertaining to or connected with a railway, whether operated by steam or by horses; or, 2. Places any obstruction upon the track of such a railway; or 3. Willfully discharges a loaded fire-arm, or projects or throws a stone or any other missile at a railway train, or at a locomotive, car or vehicle standing or moving upon a railway; Is punishable as follows: 1. If thereby the safety of any person is endangered, by imprisonment for not more than ten years. 2. In every other case, by imprisonment for not more than three years, or by a fine of not more than $250, or both. (3 R. S, 966, § 26; Laws of 1877, chap. 261, § 1.) Altering, etc., signal or light for railway engine or train. § 638. A person who, with intent to bring a vessel, railway engine, or railway train into danger, either, 1. Unlawfully or wrongfully shows, masks, extinguishes, alters, or removes a light or other signal; or 2. Exhibits any false light or signal; Is punishable by imprisonment for not more than ten years. Frauds in subscriptions for stock of corporations. $590. A person who signs the name of a fictitious person to any subscription for, or agreement to take, stock in any corporation existing or proposed; and a person who signs to any subscription or agreement the name of any person, knowing that such person does not intend in good faith to comply with the terms thereof, or under any understanding or agreement that the terms of such subscription or agreement are not to be complied with or enforced, is guilty of a misdemeanor. § 615 repealed; Laws, 1882. Sale by authorized agents restricted. § 616. No person, except as allowed in section 622, shall ask, take or receive any money or valuable thing as a consideration for any passage or conveyance upon any vessel or railway train, or for the procurement of any ticket or instrument, giving or purporting to give a right, either absolutely or upon a condition or contingency, to a passage or conveyance upon a vessel or railway train, or a berth or state-room on a vessel, unless he is an authorized agent within the provisions of the last section; nor shall any person, as such agent, sell or offer to sell any such ticket, instrument, berth or state-room, or ask, take or receive any consideration for any such passage, conveyance, berth or state-room, excepting at the office desig nated in his appointment, nor until he has been authorized to act as such agent according to the provisions of the last section, nor for a sum exceeding the price charged at the time of such sale by the company, owners or consignees of the vessel or railway mentioned in the ticket. But a person who shall have purchased a ticket in good faith for his own passage, and shall have been prevented from using the same, may sell the ticket at any price not greater than the regular rate established therefor to another person in good faith for his own use. (Laws of 1860, chap. 103, § 2; Laws of 1857, chap. 470, § 1; Laws of 1868, chap. 820; Laws of 1876, chap. 201.) Unauthorized persons forbidden to sell certificates, receipts, etc., for the purpose of procuring tickets. § 617. No person other than an agent appointed, as provided in section 615, shall sell, or offer to sell, or in any way attempt to dispose of any order, certificate, receipt or other instrument, for the purpose, or under the pretense, of procuring any ticket or instrument mentioned in section 615, upon any company or line, vessel or railway train therein mentioned. And every such order sold or offered for sale by any such agent must be directed to the company, owners or consignees at their office. (Laws of 1860, chap. 103, § 3; Laws of 1857, chap. 470; Laws of 1868, chap. 820; Laws of 1876, chap. 201.) Punishment for violation of the preceding sections. $618. A person guilty of a violation of any of the provisions of the preceding sections of this chapter is punishable by imprisonment in a State prison not exceeding two years, or by imprisonment in a county jail not less than six months. (Laws of 1860, chap. 103, § 4; Laws of 1857, chap. 470, §1; Laws of 1868, chap. 820; Laws of 1876, chap. 201.) Conspiring to sell passage tickets in violation of law. § 619. All persons who conspire together to sell, or attempt to sell, to any person, any passage ticket, or other instrument mentioned in sections 615 and 616, in violation of those sections, and all persons who, by means of any such conspiracy, obtain, or attempt to obtain, any money or other property, under the pretense of procuring or securing any passage or right of passage in violation of this chapter, are punishable by imprisonment in a State prison not exceeding five years. (Laws of 1860, chap. 103, § 5: Laws of 1857, chap. 470; Laws of 1868, chap. 820; Laws of 1870, chap. 103, § 5; Laws of 1870, chap. 423.) Conspirators may be indicted, notwithstanding object of conspiracy has not been accomplished. $620. Persons guilty of violating the last section may be indicted and convicted for a conspiracy, though the object of such conspiracy has not been executed. (Laws of 1860, chap. 103, § 6; Laws of 1870, chap. 423, § 6; see § 171.) Offices kept for unlawful sale of passage tickets, declared disorderly houses. § 621. All offices kept for the purpose of selling passage tickets in violation of any of the provisions of this chapter, and all offices where any such sale is made, are deemed disorderly houses; and all persons keeping any such office, and all persons associating together for the purpose of violating any of the provisions of this chapter, are punishable by imprisonment in a county jail, for a period not exceeding six months, and not less than three months. (Laws of 1860, chap. 103, §7; Laws of 1870, chap. 423.) Station masters, conductors, etc., allowed to sell tickets. § 623. The provisions of this chapter do not prevent the station master or other ticket agent upon any railway, from selling in his office at any station on such railway, any passage tickets upon such railway; nor do they prevent any conductor upon a railway from selling such tickets upon the trains of such railway. Liability of persons in charge of steam engines. $ 199. An engineer or other person having charge of a steam boiler, steam engine, or other apparatus for generating or applying steam employed in a boat or railway, or in a manufactory, or in any mechanical works, who willfully, or from ignorance or gross neglect, creates, or allows to be created, such an undue quantity of steam as to burst the boiler, engine or apparatus, or to cause any other accident, whereby the death of a human being is produced, is guilty of manslaughter in the second degree. (3 R. S. 934, § 21; Id. 973, § 31; 2 R. S. (Edm.) 717, § 25; 1 Whart. Cr. Law, § 362; see, also, § 362, 424, post.) Mismanagement of steam boilers. § 362. An engineer or other person having charge of a steam boiler, steam engine or other apparatus for generating or employing steam employed in a railway, manufactory, or other mechanical works, who, willfully or from ignorance or gross neglect, creates or allows to be created such an undue quantity of steam as to burst the boiler, engine or apparatus, or cause any other accident whereby human life is endangered, is guilty of a misde meanor. (3 R. S. 973, § 31; see § 199, ante.) Employment of engineer who cannot read. § 418. A person who, as an officer of a corporation or otherwise, knowingly employs as an engineer or engine driver to run locomotives or trains on any railway in this State a person who cannot read the time-tables and ordinary handwriting, is guilty of a misdemeanor. (2 R. S. 534, § 42; Laws of 1870, chap. 636, §§ 1, 3.) Person acting as engineer who cannot read. $419. A person who, being unable to read the time-tables of the road and ordinary handwriting, acts as an engineer, or runs a locomotive or train on any of the railways in this State, is guilty of a misdemeanor. (2 R. S. 534, § 43; Laws of 1870, chap. 636, §§ 2, 3.) |