§ 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, etc.-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 for any article received by him in pledge, and subsequently sold, is guilty of a misdemeanor. See § 572, post. TITLE XI. Of Other Offences. SEC. 356. Practice of medicine, etc., without license. 361. Generation of unsafe amount of steam. 362. Mismanagement of steam boilers. 363. Fictitious copartnership names. 364. Offenses against trade marks. 365. 'Article of merchandise" defined. 367. "Affixing" defined. 368. Trade marks deemed "counterfeited." 369. Refilling or selling stamped mineral water bottles, etc. 370. Keeping such bottles with intent to refill or sell them. 371. Search for bottles kept in violation of law, authorized. 372. Defacing marks upon wrecked property. 373. Defacing marks upon logs or lumber. 374. Officer unlawfully detaining wrecked property. 376. Solemnizing unlawful marriages. 377. Unlawful confinement of idiots, insane persons, etc. 378. Taking usury. SEC. 379. Reconfining persons discharged upon writ. 380. Concealing persons entitled to writ of deliverance. 381. Innkeepers and carriers refusing to receive guests and passengers. 382. Frauds on hotel keepers. 383. Protecting civil and public rights. 384. Acrobatic exhibitions. § 356. Practice of medicine, etc., without license.— A person who practices or attempts to practice, medicine or surgery in this state, unless authorized so to do by a license or diploma from some chartered school, state board of medical examiners, or medical society, or who practices under cover of a license or diploma illegally or fraudulently obtained, is guilty of a misdemeanor, punishable for the first offense by a fine of not less than fifty dollars nor more than two hundred dollars, and for any subsequent offense, by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment not less than thirty days, or by both such imprisonment and fine. § 357. Acts of intoxicated physicians.-A physician or surgeon, or person practicing as such, who, being in a state of intoxication, administers any poison, drug or medicine, or does any other act as a physician or surgeon, to another person, by which the life of the latter is endangered, or his health seriously affected, is guilty of a misdemeanor. See § 200, supra. §358. Willfully poisoning food, etc.-A person who willfully mingles poison with any food, drink or medicine, intended or prepared for the use of human beings, and a person who willfully poisons any spring, well or reservoir of water, is punishable by imprisonment in a state prison not exceeding ten years, or in a county jail, not exceeding one year, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment. See §§ 217, sub. 2, 218, sub. 1, supra. § 359. Overloading passenger vessel.-A person navigating a vessel for gain, who willfully or negligently receives so many passengers, or such a quantity of other lading on board the vessel, that by means thereof it sinks or is overset or injured, and thereby the life of a human being is endangered, is guilty of a misdemeanor. See § 197, supra. § 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 § 198, supra. § 361. Generation of unsafe amount of steam.— A captain or other person having charge of the machinery or boiler of a steamboat, used for the conveyance of passengers, in the waters of this state, who from ignorance or gross neglect, or for the purpose of increasing the speed of the boat, creates, or causes to be created, an undue and unsafe pressure of steam, is guilty of a misdemeanor. See § 198, supra. § 362. Mismanagement of steam boilers.-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 misdemeanor. See § 198, supra. §363. Fictitious copartnership names.— A person who transacts business, using the name, as partner, of one not interested with him as partner, or using the designation "and company," or "& Co." when no actual partner or partners are represented thereby, is guilty of a mis demeanor. But this section does not apply to any case, where it is specially prescribed by statute that a partnership name may be continued in use by a successor, survivor, or other person. O'Toole v. Garvin, 1 Hun, 93; Swords v. Owen, 43 How. Pr., 184. $364. Offenses against trade-marks.—A person who knowingly, in a case where provision for the punishment of the offense is not otherwise specially made by statute: 1. Falsely makes or counterfeits a trade-mark; or 2. Affixes to any article of merchandise, a false or counterfeit trade-mark, knowing the same to be false or counterfeit, or the genuine trade-mark or an imitation of the trade-mark of another, without the latter's consent; or 3. Sells, or keeps or offers for sale, an article of merchandise, to which is affixed a false or counterfeit trademark, or the genuine trade-mark, or an imitation of the trade-mark, of another, without the latter's consent; or 4 Has in his possession a counterfeit trade-mark, knowing it to be counterfeit, or a die, plate, brand, or other thing, for the purpose of falsely making or counterfeiting a trade-mark; or 5. Makes or sells, or offers to sell or dispose of, or has in his possession with intent to sell or dispose of, an article of merchandise with such a trade-mark as to appear to indicate the quantity, quality or character of the article, but not indicating it truly; Is guilty of a misdemeanor. See Code, Cr., Proc, § 56; Low v. Hall, 47 N. Y., 104. $365. "Article of merchandise" defined. The expression "article of merchandise," as used in this title, signifies any goods, wares, work of art, commodity, compound, mixture, or other preparation or thing, which may be lawfully kept or offered for sale. § 366. "Trade-mark" defined.-A "trade-mark" is a mark used to indicate the maker, owner or seller of an article of merchandise, and includes, among other things, any name of a person, or corporation, or any letter, word, device, emblem, figure, seal, stamp, diagram, brand, wrapper, ticket, stopper, label, or other mark, lawfully adopted by him, and usually affixed to an article of merchandise, to denote that the same was imported, manufactured, produced, sold, compounded, bottled, packed, or otherwise prepared by him; and also a signature or mark, used or commonly placed, by a painter, sculptor, or other artist, upon a painting, drawing, engraving, statue, or other work of art, to indicate that the same was designed or executed by him. § 367. "Affixing " defined.—A trade-mark is deemed to be affixed to an article of merchandise, when it is placed in any manner in or upon either 1. The article itself; or 2. A box, bale, barrel, bottle, case, cask, or other vessel or package, or a cover, wrapper, stopper, brand, label, or other thing, in, by, or with which the goods are packed, inclosed, or otherwise prepared for sale or disposition. § 368. Trade-marks deemed "counterfeited ".—An imitation of a "trade-mark" is that which so far resembles a genuine trade-mark as to be likely to induce the belief that it is genuine, whether by the use of words or letters, similar in appearance or in sound, or by any sign, device or other means whatsoever. § 369. Refilling or selling stamped mineral water bottles, etc.-Any person engaged in making, bottling, packing, selling or disposing of milk, ale, beer, cider, mineral water or other beverage, may register his title as owner of a trade-mark by filing with the secretary of state and the clerk of the county where the principal place of business of such person is situated, a description of the marks and devices used by him in his business, and in case the same has not been heretofore published according to the laws existing at the time of publication, causing the same to be published in a newspaper of the county, three weeks daily, if in the city of New York or Brooklyn, and weekly if in any other part of the state; but no trademark shall be filed which is not and cannot become a lawful trade-mark or which is merely the name of a |