ARTICLE 32.

BILLS OF LADING, RECEIPTS AND VOUCHERS.

SECTION 360. Fictitious bills of lading, receipts and vouchers. 361. Offenses by pipe-line corporations.

362. Erroneous bills of lading or receipts, issued in good faith, excepted.

363. Duplicate receipts must be marked "duplicate."

364. Selling, hypothecating or pledging property received for transportation or storage.

365. Bill of lading or receipt issued by warehouseman must be can celed on redelivery of the property.

366. Property demanded by process of law.

367. Penalty for failure to issue bill of lading.

§ 360. Fictitious bills of lading, receipts and vouchers. A person who:

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, 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 guilty of a misdemeanor, punishable by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both.

Derivation: Penal Code, § 629, as amended L. 1892, ch. 692, § 1.

Mairs v. Railroad Co. (1902), 73 App. Div. 265, 273, 76 N. Y. Supp. 838, aff'd 175 N. Y. 409; First Nat. Bank v. Dean, 17 N. Y. Supp. 376, 27 Abb. N. C. 284.

§ 361. Offenses by pipe-line corporations.

A pipe-line corporation, or a person being the officer, agent, manager or representative thereof, who:

1. Accepts, makes or issues any receipt, certificate or order of any kind for any commodity, unless the commodity represented is actually at the time in the possession of the corporation; or,

2. Delivers to any person any petroleum or other commodity received for transportation by such corporation without the presentation and surrender of all vouchers, receipts, orders or certificates that have been issued or accepted for the same; or,

3. Having parted with the possession of any commodity and having received therefor an order, voucher, receipt or certificate, shall reissue the same, or shall not cause it to be cancelled by the word "cancelled" stamped or printed legibly across the face thereof, and to be filed and recorded by such corporation, as provided by law,

Is guilty of a misdemeanor.

Derivation:

Penal Code, § 628, as amended L. 1892, ch. 692, § 1.

§ 362. Erroneous bills of lading or receipts, issued in good faith, excepted.

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 uppears that the defendant knew that such marks, labels or brands were untrue.

Derivation: Penal Code, § 630.

§ 363. Duplicate receipts must be marked "duplicate."

A person mentioned in sections three hundred and sixty and three hundred and sixty-one, 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 marchandise 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 one thousand dollars, or by both.

Derivation: Penal Code, § 631.

§ 364. Selling, hypothecating or pledging property received for transportation or storage.

A person mentioned in sections three hundred and sixty and

three hundred and sixty-one, 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 one thousand dollars, or by both.

Derivation: Penal Code, § 632.

§ 365. Bill of lading or receipt issued by warehouseman must be canceled on redelivery of the property.

A person mentioned in section three hundred and sixty, who delivers to another any merchandise for which a bill of lading, receipt or voucher has been issued, unless such receipt or voucher bears upon its face the words, " not negotiable," plainly written or stamped, or unless such receipt is surrendered to be canceled at the time of such delivery, or unless, in the case of a partial delivery, a memorandum thereof is indorsed upon such receipt or voucher, is punishable by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both.

Derivation: Penal Code, § 633.

Burnham v. Cape Vincent Seed Co. (1894), 142 N. Y. 169, aff'd 49 N. Y. S. R. 918, mem.; First Nat. Bk. v. N. Y., etc. (1895), 85 Hun, 160, 32 N. Y. Supp. 604; Nat. Com. Bk. v. Lack. Trans. Co. (1901), 59 App. Div. 270, 69 N. Y. Supp. 396; Mairs v. Railroad Co. (1903), 175 N. Y. 409, aff'g 73 App. Div. 265, 273, 76 N. Y. Supp. 838.

366. Property demanded by process of law.

The last two sections do not apply to any case where property is demanded by virtue of legal process.

Derivation: Penal Code, § 634.

§ 367. Penalty for failure to issue bill of lading.

Any person who, being the owner, master or agent of any vessel transporting merchandise or property between ports of this state, departs with such vessel or causes such vessel to depart from the port where such merchandise or property is taken on board, without giving or tendering to the shipper of such merchandise or property, if a bill of lading be demanded by such shipper, a bill of lading or shipping document as provided by section three hundred and ninety-eight of the general business law, is guilty of a misdemeanor.

Derivation: Penal Code, § 634a, added L. 1898, ch. 156, § 1.

65

ARTICLE 34.

BRIBERY AND CORRUPTION.

SECTION 370. Definition of jurors.

371. Bribery of a judicial officer.

372. Officer accepting bribe.

373. Juror, arbitrator or referee promising verdict.

374. Juror or person authorized to hear or determine accepting bribes. 375. Liability of trial juror for taking gift or gratuity.

376. Embracery.

377. Liability of embraceor procuring trial juror to take gain or

profit.

378. Bribing certain public officers.

379. Bribery of witnesses.

380. Bribery of labor representatives.

381. Offender a competent witness.

§ 370. Definition of jurors.

The word "juror" as used in this article includes a talesman, and extends to jurors in all courts, whether of record or not of record, and in special proceedings, and before any officer authorized to impanel a jury in any case or proceeding.

Derivation: Penal Code, § 81.

§ 371. Bribery of a judicial officer.

A person who gives or offers, or causes to be given or offered, a bribe, or any money, property, or value of any kind, or any promise or agreement therefor, to a judicial officer, juror, referee, arbitrator, appraiser or assessor, or other person authorized by law to hear or determine any question, matter, case, proceeding, or controversy, with intent to influence his action, vote, opinion, or decision thereupon, is punishable by imprisonment for not more than ten years, or by a fine of not more than five thousand dollars, or both.

Derivation: Penal Code, § 71.

People v. Jaehne (1886), 103 N. Y. 190, 4 N. Y. Cr. 478, aff'd 128 U. S. 189, 6 N. Y. Cr. 237; People v. Sharp (1887), 107 N. Y. 439, 5 N. Y. Cr. 572, rev'g 45 Hun, 460; People v. Winant (1898), 24 Misc. 361, 53 N. Y. Supp. 695; People v. Acritelli (1908), 57 Misc. 574, 589, 110 N. Y. Supp. 430; Klugman's Case, 49 How. Pr. 484; People v. Ah Fooh, 62 Cal. 493; see also State v. Ellis, 33 N. J. L. 102; State v. Carpenter, 20 Vt. 9.

§ 372. Officer accepting bribe.

A judicial officer, a person who executes any of the functions of a public office not designated in articles one hundred and twenty-four and one hundred and seventy and in section twentythree hundred and twenty of this chapter, or a person employed by or acting for the state, or for any public officer in the business of the state, who asks, receives, or agrees to receive a bribe, or any money, property, or value of any kind, or any promise or agreement therefor, upon any agreement or understanding that his vote, opinion, judgment, action, decision or other official proceeding, shall be influenced thereby, or that he will do or omit any act or proceeding, or in any way neglect or violate any official duty, is punishable by imprisonment for not more than ten years, or by fine of not more than five thousand dollars, or both. A conviction also forfeits any office held by the offender, and forever disqualifies him from holding any public office under the state.

Derivation: Penal Code, § 72.

People v. Jaehne (1886), 103 N. Y. 182, 4 N. Y. Cr. 478, 128 U. S. 189, 6 N. Y. Cr. 239; People v. Sharp (1887), 107 N. Y. 439, 5 N. Y. Cr. 572, rev'g 45 Hun, 460; People v. Willis (1898), 24 Misc. 537, 54 N. Y. Supp. 129, 13 N. Y. Cr. 343; People v. Bissert (1902), 71 App. Div. 118, 135, 75 N. Y. Supp. 630; People v. Jensen (1904), 99 App. Div. 355, 360, 90 N. Y. Supp. 1062, 19 N. Y. Cr. 7; People ex rel. Dickenson v. Van De Carr (1903), 87 App. Div. 386, 387, 84 N. Y. Supp. 461, 18 N. Y. Cr. 32, 33; People v. Acritelli (1908), 57 Misc. 574, 110 N. Y. Supp. 430; People v. Gibson (1908), 191 N. Y. 227, aff'g 122 App. Div. 69, 106 N. Y. Supp. 590, 21 N. Y. Cr. 425; People v. Jackson (1908), 191 N. Y. 293, 296, 121 App. Div. 858, 107 N. Y. Supp. 1141, rev'g 47 Misc. 60, 62, 95 N. Y. Supp. 286, 19 N. Y. Cr. 326; see also People v. Markham, 64 Cal. 157, 49 Am. Rep. 700.

§ 373. Juror, arbitrator or referee promising verdict.

A juror or a person drawn or summoned to attend as a juror, or a person chosen arbitrator, or appointed referee, who:

1. Makes any promise or agreement to give a verdict, judgment, report, award, or decision, for or against any party; or,

2. Wilfully receives any communication, book, paper instrument, or information, relating to a cause or matter pending before him, except according to the regular course of proceeding upon the trial or hearing of that cause or matter,

Is guilty of a misdemeanor.

Derivation: Penal Code, § 73.

People ex rel. Munsell v. Oyer and Terminer (1885), 36 Hun, 277, 3 N. Y. Cr. 209, 101 N. Y. 245, 4 N. Y. Cr. 75.