§ 610. Directors present at meeting, when presumed to have assented. 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. § 611. Id.; absent from meeting.-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 directors. § 612. Failure of director upon whom application is served, etc.--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. § 613. Foreign corporations.-It is no defense to a prosecution for a 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. §614. "Director" defined.--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. CHAPTER XII. FRAUDS IN THE SALE OF PASSAGE TICKETS. SEC. 615. Sale of passage tickets on vessels and railroads, for bidden, except by agents specially authorized. 616. Sales by authorized agents, restricted. 617. Unauthorized persons forbidden to sell certificates, receipts, &c., for the purpose of procuring tickets. 618. Punishment for violation of the preceding sections. 619. Conspiring to sell passage tickets in violation of law. 620. Conspirators may be indicted, notwithstanding object of conspiracy has not been accomplished. 621. Offices kept for unlawful sale of passage tickets, declared disorderly houses. 622 Owners, pursers, etc., allowed to sell tickets. 623. Station masters, conductors, etc., allowed to sell tickets. 624. What must be stated in passage tickets. 625. Sale of tickets not filled out as required in last section, 626. Certain sales and exchanges of passenger tickets. § 615. Sale of passage tickets forbidden except by agents. Repealed. § 616. Sales by authorized agents restricted.-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, 13 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 designated 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 establised therefor, to another purchaser in good faith, for his own use. § 617. Unauthorized persons forbidden to sell certificates, receipts, etc., for the purpose of procuring tickets. 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 agent, must be directed to the company, owners or consignees at their office. § 618. Punishment for violation of the preceding sections.-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. §619. Conspiracy to sell passage tickets in violation of law. 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 617, 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. § 620. Conspirators may be indicted.-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. See § 171, supra. § 621. Offices for unlawful sale of passage tickets, declared disorderly houses.-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. § 622.-Owners, pursers, etc., allowed to sell tickets. The provisions of this chapter do not prevent the actual owners or consignees of any vessel, from selling passage tickets thereon; nor do they prevent the purser or clerk of any vessel from selling in his office on board of such vessel, any passage tickets upon such vessel. §623. Station masters, conductors, etc., allowed to sell tickets.-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. § 514. Forgery, third degree. A person who either, 1. Being an officer or in the employment of a corporation, association, partnership or individual, falsifies, or unlawfully and corruptly alters, erases, obliterates or destroys any accounts, book of accounts, records, or other writing, belonging to or appertaining to the business of the corporation, association, partnership, or individual; or 2. Who, with intent to injure or defraud, shall falsely make, alter, forge or counterfeit, shall cause, aid, abet, assist or otherwise connive at, or be a party to, the making, altering, forging or counterfeiting of any letter, telegram, report or other written communication, paper or instrument, by which making, altering, forging or counterfeiting, any other person shall be in any manner injured in his good name, standing, position or general reputation; or 3. Who shall utter, or shall cause, aid, abet or otherwise connive at, or be a party to, the uttering of any letter, telegram, report or other written communication, paper or instrument, purporting to have been written or signed by another person, or any paper purporting to be a copy of any such paper or writing where no original existed, which said letter, telegram, report or other written communication, paper or instrument, or paper purporting to be a copy thereof, as aforesaid, the person uttering the same shall know to be false, forged or counterfeited and by the uttering of which the sentiments, opinions, conduct, character, prospects, interests or rights of such other person shall be misrepresented or otherwise injuriously affected, Is guilty of forgery in the third degree. [Am'd ch. 378 of 1884.] Peo. v. Phelps, 6 Hun, 428. § 515. Forgery, third degree.-A person who, with intent to defraud or to conceal any larceny or misappropriation by any person of any money or property, either 1. Alters, erases, obliterates, or destroys an account, book of accounts, record, or writing, belonging to, or appertaining to the business of, a corporation. association, public office or officer, partnership, or individual; or 2. Makes a false entry in any such account or book of accounts; or |