Intoxication of persons running trains and boats. § 420. A person who, being employed upon any railway as engineer, conductor, baggage-master, brakeman, switch-tender, fireman, bridge-tender, flagman, signal-man, or having charge of stations, starting, regulating or running trains upon a railway, or being employed as captain, engineer or other officer of a vessel propelled by steam is intoxicated while engaged in the discharge of any of such duties, is guilty of a misdemeanor. (2 R. S. 941, § 39; Laws of 1857, chap. 628, § 31; Laws of 1871, chap. 560; Code Crim. Proc., § 56.) Failure to ring bell, etc. $421. A person acting as engineer driving a locomotive on any railway in this State, who fails to ring the bell or sound the whistle upon such locomotive, or cause the same to be rung or sounded at least eighty rods from any place where such railway crosses a traveled road or street on the same level (except in cities), or to continue the ringing such bell or sounding such whistle at intervals until such locomotive and the train to which the locomotive is attached shall have completely crossed such road or street, is guilty of a misdemeanor. S (2 R. S. 542, § 61; Laws of 1850, chap. 140, § 61; Laws of 1854, chap. 282.) Placing passenger car in front of merchandise or freight car. § 422. A person, being an officer or employee of a railway company, who knowingly places, directs, or suffers a freight, lumber, merchandise, or oil car to be placed in rear of a car used for the conveyance of passengers in a railway train, is guilty of a misdemeanor. (This amended, Laws of 1889, chap. 267.) Platforms. § 423. A railway company, and any officer or director having charge thereof, and any person managing a railway in this State, or which runs its cars into or through this State, who fails to have the platforms or ends of the passenger cars constructed in such a manner as will prevent passengers falling between the cars when in motion, is guilty of a misdemeanor. (2 R. S. 560, § 143; Laws of 1867, chap. 483.) Other violations of duty by officers, agents or servants of railroad companies. $424. An engineer, conductor, brakeman, switch-tender or other officer, agent or servant of any railway company, who is guilty of any willful violation or omission of his duty as such officer, agent or servant, by which human life or safety is endangered, the punishment of which is not otherwise prescribed, is guilty of a misdemeanor. (Laws of 1867, chap. 483, § 1, in part; see § 199, ante.) Officer of corporation selling, etc., forged or fraudulent scrip, etc. § 518. An officer, agent or other person employed by any company or corporation existing under the laws of this State, or of any other State or territory of the United States, or of any foreign government, who willfully and with a design to defraud, sells, pledges or issues, or causes to be sold, pledged or issued, or signs or procures to be signed with intent to sell, pledge or issue, or to be sold, pledged or issued, a false, forged or fraudu fent paper, writing or instrument, being or purporting to be a scrip, certificate or other evidence of the ownership or transfer of any share or shares of the capital stock of such company or corporation, or a bond or other evidence of debt of such company or corporation, or a certificate or other evidence of the ownership or of the transfer of any such bond or other evidence of debt, is guilty of forgery in the third degree, and upon conviction, in addition to the punishment prescribed in this title for that offense, may also be sentenced to pay a fine not exceeding $3 000. (3 R. S. 946, §§ 49, 50; § 591, post.) Falsely indicating person as corporate officer. § 519. The false making or forging of an instrument or writing, purporting to have been issued by or in behalf of a corporation or association, State or government, and bearing the pretended signature of any person, therein falsely indicated as an agent or officer of such corporation, is forgery in the same degree, as if that person were in truth such officer or agent of the corporation or association, State or government. (3 R. S. 946, § 48; 2 R. S. (Edm.) 695, § 47; Laws of 1855, chap. 155.) Terms "forge" and "forging." $ 520. The expression "forge," "forged " and "forging," as used in this chapter, include false making, counterfeiting and the alteration, erasure, or obliteration of a genuine instrument, in whole or in part, the false making or counterfeiting of the signature of a party or witness, and the placing or connecting together with intent to defraud different parts of several genuine instruments. (3 R. S. 946, § 44.) Fraudulent issue of stock, scrip, etc. § 591. An officer, agent or other person in the service of any joint-stock company, or corporation formed or existing under the laws of this State, or of the United States, or of any State or territory thereof, or of any foreign government or country, who willfully and knowingly, with intent to defraud, either, 1. Sells, pledges or issues, or causes to be sold, pledged or issued, or signs or executes, or causes to be signed or executed, with intent to sell, pledge or issue, or to cause to be sold, pledged or issued, any certificate or instrument purporting to be a certificate or evidence of the ownership of any share or shares of such company or corporation, or any bond or evidence of debt, or writing purporting to be a bond or evidence of debt of such company or corporation, without being first thereto duly authorized by such company or corporation, or contrary to the charter or laws under which such corporation or company exists, or in excess of the power of such company or corporation, or of the limit imposed by law or otherwise upon its power to create or issue stock or evidences of debt; or, 2. Reissues, sells, pledges or disposes of, or causes to be reissued, sold, pledged or disposed of, any surrendered or canceled certificates, or other evidence of the transfer or ownership of any such share or shares; Is punishable by imprisonment for not less than three years nor more than seven years, or by a fine not exceeding $3,000, or by both. (Laws of 1855, chap. 155, §§ 1, 2.) Frauds in procuring organization of corporation, or increase of capital. § 592. An officer, agent or clerk, of a corporation, or of persons proposing to organize a corporation, or to increase the capital stock of a corporation, who knowingly exhibits a false, forged or altered book, paper, youcher, security or other instrument of evidence to any public officer or board authorized by law to examine the organization of such corporation, or to investigate its affairs, or to allow an increase of its capital, with intent to deceive such officer or board in respect thereto, is punishable by imprisonment in a State prison not exceeding ten years and not les~ than three years. (See Laws of 1829, chap. 94, § 29.) Misconduct of directors of stock corporations. $594. A director of a stock corporation, who concurs in any vote or act of the directors of such corporation, or any of them, by which it is intended. 1. To make a dividend, except from the surplus profits arising from the business of the corporation, and in the cases and manner allowed by law; or, 2. To divide, withdraw, or in any manner pay to the stockholders, or any of them, any part of the capital stock of the corporation; or to reduce such capital stock without the consent of the Legislature; or, 3. To discount or receive any note or other evidence of debt in payment of an installment of capital stock actually called in, and required to be paid, or with intent to provide the means of making such payment; or, 4. To receive or discount any note or other evidence of debt with intent to enable any stockholder to withdraw any part of the money paid in by him on his stock; or, 489 5. To apply any portion of the funds of such corporation, except surplus, profits, directly or indirectly, to the purchase of shares of its own stock; or, 6. To receive any such shares in payment or satisfaction of a debt due to such corporation; or, 7. To receive in exchange for the shares, notes, bonds, or other evidences of debt of such corporation, shares of the capital stock or notes, bonds or other evidences of debt issued by any other stock corporation; Is guilty of a misdemeanor. (2 R. S., 297, § 1; Laws of 1869, chap. 742, § 7.) Frauds in keeping accounts, etc. § 602. A director, officer or agent of any corporation or joint-stock association, who knowingly receives or possesses himself of any property of such corporation or association, otherwise than in payment of a just demand, and with intent to defraud, omits to make, or to cause or direct to be made, a full and true entry thereof, in the books or accounts of such corporation or association; and a director, officer, agent or member of any corporation or joint-stock association, who, with intent to defraud, destroys, alters, mutilates or falsifies any of the books, papers, writings or securities belonging to such corporation or association, or makes or concurs in making any false entry, or omits or concurs in omitting to make any material entry in any book of accounts, or other record or document kept by such corporation or association, is punishable by imprisonment in a State prison not exceeding ten years, and not less than three years, or by imprisonment in a county jail not exceeding one year, or by a fine not exceeding $500, or by both such fine and imprisonment. (Laws of 1829, chap. 94, § 29; Laws of 1843, chap. 218, § 6.) Officer of corporation publishing false reports of its condition. § 603. A director, officer or agent of any corporation or joint-stock association, who knowingly concurs in making or publishing any written report, exhibit or statement of its affairs or pecuniary condition, containing any material statement which is false, other than such as are elsewhere, by this Code, specially made punishable, is guilty of a misdemeanor. (Laws of 1874, chap. 440, §§ 1, 2.) (Sections 607 and 608 repealed by chapter 377, Laws of 1884.) Director of corporation presumed to have knowledge of its affairs. § 609. A director of a corporation or joint-stock association must be deemed to have such a knowledge of the affairs of the corporation or association as to enable him to determine whether any act, proceeding or omission of its directors, is a violation of this chapter. (2 R. S. 299, § 14.) Director present at meeting, when presumed to have assented to proceedings. § 610. A director of a corporation, or joint-stock association, who is present at a meeting of the directors, at which any act, proceeding or omission of such directors in violation of this chapter occurs, must be deemed to have concurred therein, unless he at the time causes, or in writing requires, his dissent therefrom to be entered in the minutes of the directors. (2 R. S., 298, §§ 12, 13.) Director absent from meeting, when presumed to have assented to proceedings. § 611. A director of a corporation, or joint-stock association, although not present at a meeting of the directors, at which any act, proceeding or omission of such directors, in violation of this chapter, occurs, must be deemed to have concurred therein, if the facts constituting such violation appear on the record or minutes of the proceedings of the board of directors, and he remains a director of the same company for six months thereafter, without causing, or in writing requiring, his dissent from such illegality to be entered in the minutes of the directory. 1 490 Failure of director to disclose service of notice of application for injunction. § 612. A director, trustee or other officer of a joint-stock association or corporation, upon whom a notice of application for an injunction affecting the property or business of such joint-stock association or corporation is served, who omits to disclose to the other directors, officers or managers thereof, the fact of such service, and the time and place of such application, is guilty of a misdemeanor. (Laws of 1870, chap. 151, § 1.) Foreign corporations subject to provisions of this chapter. § 613. It is no defense to a prosecution for violation of the provisions of this chapter, that the corporation was one created by the laws of another State, government or country, if it carried on business, or kept an office therefor, within this State. "Director" defined. § 614. The term " director," as used in this chapter, embraces any of the persons having by law the direction or management of the affairs of a corporation, by whatever name such persons are described in its charter, or are known in law. (2 R. S. 304, § 56.) Carrying animals in a cruel manner, a misdemeanor. § 659. A person who carries, or causes to be carried in or upon any vessel or vehicle or otherwise, any animal in a cruel or inhuman manner, or so as to produce torture, is guilty of a misdemeanor. (3 R. S. 974, § 38; Laws of 1880, chap. 209; Laws of 1867, chap. 375, § 5; § 663, post.) Transporting animals for more than twenty-four consecutive hours a misdemeanor. § 663. A railway corporation, or an owner, agent, consignee, or person in charge of any horse, sheep, cattle, or swine, in the course of, or for transportation, who confines, or causes or suffers the same to be confined, in cars for a longer period than twenty-four consecutive hours, without unloading for rest, water and feeding, during ten consecutive hours, unless prevented by storm or inevitable accident, is guilty of a misdemeanor. In estimating such confinement, the time during which the animals have been confined without rest, on connecting roads from which they are received, must be computed. If the owner, agent, consignee, or other person in charge of any such animals refuses or neglects upon demand to pay for the care or feed of the animals while so unloaded or rested, the railway company, or other carriers thereof, may charge the expense thereof to the owner or consignee and shall have a lien thereupon for such expense. (3 R. S. 974, § 38; Laws of 1866 hap. 560, § 1.) Definitions. § 669. 1. The word "animal," as used in this title, does not include the human race, but includes every other living creature; torture or cruelty" includes every act, omission, or 2. The word " neglect whereby unjustifiable physical pain, suffering or death is caused or permitted; 3. The words "impure and unwholesome milk "include all milk obtained from animals in a diseased or unhealthy condition, or who are fed on distillery waste, usually called "swill," or upon any substance in a state of putrefaction or fermentation. (3 R. S. 976, § 51; Laws of 1874, chap. 12, § 8; Laws of 1862, chap. 467, § 4.) Innkeepers and carriers refusing to receive guests and passengers. § 381. 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 pas sengers, and refuses, without just cause or excuse, to receive and entertain any guest, or to receive and carry any passenger, is guilty of a misde meanor. (See 383, post.) No exclusion because of race, color, etc. §383. No citizen of this State can, by reason of race, color, or previous condition of servitude, be excluded from the equal enjoyment of any accommodation, facility or privilege furnished by innkeepers or common carriers, or by owners, managers, or lessees of theaters or other places of amusement by teachers and officers of common schools and public institutions of learning, or by cemetery associations. The violation of this section is a misdemeanor, punishable by a fine of not less than $50, nor more than $500. (1 R. S. 377, §§ 22-24; see § 381, ante.) Issuing fictitious bills of lading, etc. § 628. A person being the master, owner or agent of any vessel, or officer or agent of any railway, express or transportation company, or otherwise being or representing any carrier who delivers any bill of lading, receipt or other voucher, by which it appears that merchandise of any kind has been shipped on board a vessel, or delivered to a railway, express or transportation company, or other carrier, unless the same has been so shipped or delivered, and is at the time actually under the control of such carrier, or the master, owner, or agent of such vessel, or of some officer or agent of such company, to be forwarded as expressed in such bill of lading, receipt or voucher, is punishable by imprisonment not exceeding one year, or by a fine not exceeding $1,000, or by both. r (2 R. S. 229; Laws of 1858, chap. 326, §5; Laws of 1859, chap. 353; Laws of 1866, chap. 440.) Erroneous bills of lading or receipts issued in good faith excepted. § 630. No person can be convicted of an offense under the last two sections for the reason that the contents of any barrel, box, case, cask, or other vessel or package mentioned in the bill of lading, receipt or other voucher did not correspond with the description given in such instrument of the merchandise received, if such description corresponds substantially with the marks, labels or brands upon the outside of such vessel or package, unless it appears that the defendant knew that such marks, labels or brands were untrue. Duplicate receipts must be marked "duplicate." § 631. A person mentioned in sections 628 and 629, who issues any second or duplicate receipt or voucher of a kind specified in those sections at a time while a former receipt or voucher for the merchandise specified in such second receipt is outstanding and uncanceled, without writing across the face of the same the word "duplicate," in a plain and legible manner, is punishable by imprisonment not exceeding one year, or by a fine not exceeding $1,000, or by both. Selling, hypothecating or pledging property received for transportation or storage. § 632. A person mentioned in sections 628 and 629, who sells or pledges any merchandise for which a bill of lading, receipt or voucher has been issued by him without the consent in writing thereto of the person holding such bill, receipt or voucher, is punishable by imprisonment not exceeding one year, or by a fine not exceeding $1,000, or by both. (2 R. S. 229, § 4, Laws of 1858, chap. 326; Laws of 1859, chap. 353; Laws of 1866, chap. 440.) Property demanded by process of law. § 634. The last two sections (§§ 632 and 633) do not apply to any case where property is demanded by virtue of legal process. (2 R. S. 220, 8.) |