§ 1506. Wilfully destroying vessel.

A person, who wrecks, burns, sinks, scuttles, or otherwise injures or destroys a vessel, or the cargo of a vessel, or wilfully permits the same to be wrecked, burned, sunk, scuttled, or otherwise injured or destroyed, with intent to prejudice or defraud an insurer or any other person, is punishable by imprisonment for not more than five years.

Derivation. Penal Code, % 575.

§ 1507. Fitting out or lading any vessel with intent to wreck the same.

A person who fits out any vessel, or who lades any cargo on board of a vessel, with intent to permit or cause the same to be wrecked, sunk or otherwise injured or destroyed, and thereby to defraud or prejudice an insurer or another person, is punishable by imprisonment in the state prison not exceeding ten years. Derivation: Penal Code, § 576, as amended L. 1892, ch. 662, § 18.

1508. Making false manifest.

A person, guilty of preparing, making or subscribing, a false or fraudulent manifest, invoice, bill of lading, ship's register or protest, with intent to defraud another, is punishable by imprisonment in a state prison not exceeding three years, or by a fine not exceeding one thousand dollars, or both.

Derivation: Penal Code, § 577.

Matter of Sayles (1903), 40 Misc. 135, 17 N. Y. Cr. 234, 81 N. Y. Supp. 258. 1509. Destroying invoice.

A person, who wilfully destroys or suppresses an invoice, bill of lading, or any other document, writing, or thing whatever, which tends to show the ownership of wrecked property, is guilty of a misdemeanor.

Derivation: Penal Code, § 437.

1510. Motor boats to be provided with mufflers; exceptions. It shall be unlawful to use a boat propelled in whole or in part by gas, gasoline or naphtha, or similar explosive medium, unless the same is provided with an under-water exhaust or muffler so constructed and used as to muffle in a reasonable manner the noise of the explosion. The provisions of this section shall apply only to tidal waters or the waters of this state wherein the tide ebbs and flows and shall not apply to boats competing in a race held under the direction of a duly incorporated yacht club or racing association. Any person who operates a boat in violation of the provisions of this section shall be guilty of a misdemeanor and punishable by a fine of not more than twenty-five dollars. (Added by L. 1911, ch. 840, in effect Sept. 1, 1911.)

ARTICLE 146.

NEGOTIABLE INSTRUMENTS.

SECTION 1520. Notes given for patent-rights.

1521. Notes given for a speculative consideration.

§ 1520. Notes given for patent-rights.

A person who takes, sells or transfers a promissory note or other negotiable instrument, knowing the consideration of such note or instrument to consist in whole or in part, of the right to make, use or sell any patent invention or inventions, or any invention claimed or represented to be patented, without having the words "given for a patent-right" written or printed legibly and prominently on the face of such note or instrument above the signature thereto, is guilty of a misdemeanor.

Derivation: Penal Code, § 384m, added L. 1897, ch. 613.

People v. Beattie (1904), 96 App. Div. 383, 89 N. Y. Supp. 193; People ex rel. Appel v. Zimmerman (1905), 102 App. Div. 103, 106, 92 N. Y. Supp. 497.

§ 1521. Notes given for a speculative consideration.

A person who takes, sells or transfers a promissory note or order negotiable instrument, knowing the consideration of such note or instrument to consist in whole or in part of the purchase price of any farm product at a price greater by four or more times than the fair market value of the same product at the time in the locality, or in which the consideration shall be in whole or in part, membership of and rights in an association, company or combination to produce or sell any farm product at a fictitious rate, or of a contract or bond to purchase or sell any farm product at such rate, without having the words "given for a speculative consideration," or other words clearly showing the nature of the consideration prominently and legibly written or printed on the face of such note or instrument above the signature thereof, is guilty of a misdemeanor.

Derivation: Penal Code, § 384n, added L. 1897, ch. 613.

ARTICLE 148.

NUISANCES.

SECTION 1530. Public nuisance defined.

1531. Unequal damage.

1532. Maintaining nuisance.

1533. Permitting use of building for nuisance; opium smoking.

§ 1530. Public nuisance defined.

A "public nuisance" is a crime against the order and economy of the state, and consists in unlawfully doing an act, or omitting to perform a duty, which act or omission:

1. Annoys, injures or endangers the comfort, repose, health or safety of any considerable number of persons; or,

2. Offends public decency; or,

3. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, a lake, or a navigable river, bay, stream, canal or basin, or a stream, creek or other body of water which has been dredged or cleared at public expense, or a public park, square, street or highway; or,

4. In any way renders a considerable number of persons insecure in life, or the use of property.

Derivation: Penal Code, § 385, subd. 3, as amended L. 1901, ch. 367.

Brown v. Bowen (1864), 30 N. Y. 519; Irvine v. Wood (1872), 51 N. Y. 224, aff'g 4 Robt. 138, 5 id. 482; Adams v. Popham (1879), 76 N. Y. 410; Clifford v. Dam (1880), 81 N. Y. 52, aff'g 44 N. Y. Super. 391; People v. Livingston (1882), 27 Hun, 105; Cain v. Syracuse (1883), 29 Hun, 105, aff'd 95 N. Y. 83, 89; People v. Lochfelm (1886), 103 N. Y. 1, 4 N. Y. Cr. 159; Callanan v. Gilman (1889), 107 N. Y. 360, 1 Am. St. Rep. 83, mod'f'g 52 N. Y. Super. 112; People v. Crounse (1889), 7 N. Y. Cr. 11, 51 Hun, 489, 4 N. Y. Supp. 266; Flynn v. Taylor (1891), 127 N. Y. 599, aff'g 53 Hun, 167, 6 N. Y. Supp. 96; People v. Kellog (1893), 67 Hun, 546, 22 N. Y. Supp. 490; Tinker v. N. Y., etc., & R. Co. (1898), 157 N. Y. 318, aff'd 92 Hun, 269, 36 N. Y. Supp. 672; Eldert v. Long Island R. Co. (1898), 28 App. Div. 451, 51 N. Y. Supp. 186, aff'd 165 N. Y. 651; People ex rel. Cocheu v. Dettmer (1898), 26 App. Div. 326, 49 N. Y. Supp. 877; City of Buffalo v. D., L. & W. R. Co. (1907), 190 N. Y. 84, rev'g 114 App. Div. 915; Johnson v. City of New York (1905), 109 App. Div. 821, 825, 96 N. Y. Supp. 754.

Subd. 3.-Johnson v. City of New York (1906), 186 N. Y. 146; People v. Hoffman (1907), 118 App. Div. 862, 103. N. Y. Supp. 1000, 21 Crim. Rep. 140; Fifth Ave. Coach Co. v. City of N. Y. (1908), 58 Misc. 405, 111 N. Y. Supp. 759; Melker v. City of New York (1908), 90 N. Y. 488; see also Anderson v. Rochester, etc., 9 How. 553; Chenango Bridge v. Lewis, 63 Barb. 111; Conklin v. Phoenix Mills, 62 Barb. 299; People v. Cunningham, 1 Den. 524; Hamilton v. N. Y. & H. R. Co., 9 Pai. 71; Harris v. Thompson, 9 Barb. 350; Hertz v. L. I. R. Co., 13 Barb. 646; Hutchins v. Smith, 63 Barb. 111;

Knox v. New York, 55 Barb. 404; McCannis v. Citizens Gas Light Co., 40 Barb. 380; Osborn v. Union Ferry Co., 53 Barb. 629; Phoenix v. Comrs. of Emigration, 12 How. 1; Renwick v. Morris, 3 Hill, 621, 7 Hill, 575; People v. Sargeant, 8 Cow. 139; Thompson v. Allen, 7 Lans. 459; Wetmore v. Story, 22 Barb. 414; Wetmore v. Atlantic White Lead Co., 37 Barb. 70; State v. Burdetta, 73 Ind. 185, 38 Am. Rep. 117; Bagley v. People, 43 Mich. 355, 38 Am. Rep. 192; In Re Binghampton Bridge, 3 Wall. 51.

§ 1531. Unequal damage.

An act which affects a considerable number of persons, in either of the ways specified in the last section, is not less a nuisance because the extent of the damage is unequal.

Derivation: Penal Code, § 386.

§ 1532. Maintaining nuisance.

A person who commits or maintains a public nuisance, the punishment for which is not specially prescribed, or who wilfully omits or refuses to perform any legal duty relating to the removal of such a public nuisance, is guilty of a misdemeanor.

Derivation: Penal Code, § 387.

Wasmer v. Railroad Co. (1880), 80 N. Y. 212, aff'g 3 Daly, 280; Simmons v. Everson (1891), 124 N. Y. 323; People v. Hoffman (1907), 118 App. Div. 862, 103 N. Y. Supp. 1000, 21 Crim. Rep. 140; see also Syracuse, etc. R. Co., 66 Barb. 25.

§ 1533. Permitting use of building for nuisance; opium smoking.

A person who:

1. Lets, or permits to be used, a building, or a portion of a building, knowing that it is intended to be used for committing or maintaining a public nuisance; or,

2. Opens or maintains a place where opium, or any of its preparations, is smoked by other persons; or,

3. At such place sells or gives away any opium, or its said preparations, to be there smoked or otherwise used; or,

4. Visits or resorts to any such place for the purpose of smoking opium or its said preparations,

Is guilty of a misdemeanor.

Derivation:

Penal Code, § 388, as amended L. 1889, ch. 8.

see

People v. Reed (1899), 46 App. Div. 625, 61 N. Y. Supp. 520; 14 N. Y. Cr. 326; People v. Miller (1901), 63 App. Div. 11, 71 N. Y. Supp. 212; also State v. Ah Crew, 16 Nev. 50, 40 Am. Rep. 488.

ARTICLE 150.

OYSTERS.

SECTION 1550. Nonresident taking or planting oysters. 1551. Use of certain dredges.

§ 1550. Nonresident taking or planting oysters.

A person, who not being at the time an actual inhabitant and resident of this state, plants oysters in the waters of this state, without the consent of the owner of the same, or of the shore, or gathers oysters or other shell fish from their beds of natural growth, in any such waters on his own account or for his own benefit, or the benefit of a nonresident employer, is guilty of a misdemeanor, punishable by imprisonment not exceeding six months, or by a fine not exceeding one hundred dollars, or both. Derivation: Penal Code, § 441.

People v. Hazen (1890), 121 N. Y. 313, rev'g 5 N. Y. Supp. 337; People v. Lowndes (1892), 130 N. Y. 455, rev'g 55 Hun, 469, 8 N. Y. Supp. 908; see also McCarty v. Holman, 10 N. Y. Week. Dig. 501.

§ 1551. Use of certain dredges.

A person who uses a dredge or drag operated by steam, or any dredge or drag weighing over thirty pounds for the purpose of catching, or taking oysters or other shell fish from beds of natural growth in the waters of this state, is guilty of a misdemeanor. Derivation: Penal Code, § 442, as amended L. 1888, ch. 526.