CHAPTER XII.

FRAUDS IN THE SALE OF PASSAGE TICKETS.

SEC. 615. Sale of passage tickets on vessels and railroads, forbidden, except by agents specially authorized.

616. Sales by authorized agents, restricted.

617. Unauthorized persons forbidden to sell certificates, receipts, etc., 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, a misdemeanor. 626. Certain sales and exchanges of passage tickets.

627. "Company" defined.

§ 615. Sale of passage tickets forbidden except by agents.— Repealed.

See Com. v. Wilson, 14 Phila. 384.

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, 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 established 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 fraud on accounts, etc. 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 imprisonment in a county jail not exceeding six months. [AS AMD. BY CH. 662, Laws 1892. Took effect May 17, 1892.]

§ 619. Conspiring 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, etc.- 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 sales of passage tickets are 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. [AS AMD. BY Cн. 662, Laws 1892. Took effect May 17, 1892.]

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.

§ 624. What must be stated in passage tickets. A ticket or instrument issued as evidence of a right of passage upon the high seas, from any port in this state, to any port of any other state or nation, and every certificate or order issued for the purpose, or under pretense of procuring any such ticket or instrument, and every receipt for money paid for such ticket or instrument must state the name of the vessel on board of which the passage is to be made, the name of the owners or consignees of such vessel, the name of the company, or line, if any, to which such vessel belongs, the place from which such passage is to commence, the place where such passage is to terminate, the day of the month and year upon which the

voyage is to commence, the name of the person or persons purchasing such ticket or instrument, or receiving such order, certificate or receipt, and the amount paid therefor; and such ticket or instrument, order, certificate or receipt, unless sold or issued by the owners or consignees of such vessel, must be signed by their authorized agent. Enright v. People, 21 How. 383.

§ 625. Sale of tickets not filled out as required in last section, a misdemeanor. - A person who issues, sells or delivers to another, any ticket, instrument, certificate, order or receipt, which is not made or filled out as prescribed in the last section, is guilty of a misdemeanor. § 626. Certain sales and exchanges of passenger tickets. A person who,

1. Sells, or causes to be sold, a passage ticket, or order for such ticket on any railway, vehicle or vessel, to any emigrant passenger at a higher rate than one and a quarter cents per mile; or

2. Takes payment for any such ticket or order for a ticket under a false representation as to the class of the ticket, whether emigrant or first-class; or

3. Directly or indirectly, by means of false representations, purchases or receives from an emigrant passenger any such ticket; or

4. Procures or solicits any such passenger having such a ticket, to exchange the same for another passenger ticket, or to sell the same and purchase some other passenger ticket; or

5. Solicits or books any passenger arriving at the port of New York from a foreign country, before such passenger has left the vessel on which he has arrived, or enters or goes on board any vessel arriving at the port of New York from a foreign country, having emigrant passengers on board, for the purpose of soliciting or booking such passengers, and a person or agent of a corporation employing any person for the purpose of booking such passengers before leaving the ship;

Is guilty of a misdemeanor.

627. "Company" defined.-The term "company," as used in this chapter, includes all corporations, whether created under the laws of this state, or of the United States, or of those of any other state or nation.

Chicago Dock Co. v. Garrity, 115 III. 164.

CHAPTER XIII.

FRAUDULENT ISSUE OF DOCUMENTS OF TITLE TO MERCHANDISE.

SEC. 628. By pipe-line corporations.

629. Issuing fictitious bills of lading, receipts and vouchers.

620. Erroneous bills of lading or receipts, issued in good faith, excepted. 631. Duplicate receipts must be marked "duplicate."

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

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

634. Property demanded by process of law.

§ 628. 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 canceled by the word "canceled" 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. [As AMD. by CH. 692, LAWS 1892. Took effect May 18, 1892.]

$629. Issuing fictitious bills of lading, receipts and vouchers.— A person who:

1. 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; or,

2. Carrying on the business of a warehouseman, wharfinger or other depository of property, who issues any receipt, bill of lading or other voucher for merchandise of any kind which has not been actually received upon the premises of such person, and is not under his actual control at the time of issuing such instrument, whether such instrument is issued to a person as being the owner of such merchandise, or as security for any indebtedness;

Is guilty of a misdemeanor, punishable by imprisonment not exceeding one year, or by a fine not exceeding one thousand dollars, or by both. [As AMD. by CH. 692, LAWS 1892. Took effect May 18, 1892. Combines Penal Code, §§ 628 and 629.]

§ 630. 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 appears that the defendant knew that such marks, labels or brands were untrue.

§ 631. Duplicate receipts must be marked " duplicate."-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 one thousand dollars, or by both.

§ 632. Selling, etc., property received for transportation or storage. 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 one thousand dollars, or by both.

§ 633. Bill of lading, etc., to be canceled, etc.- A person men. tioned in section 629, 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.

§ 634. 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.

Keyser v. Harbeck, 3 Duer, 373; Zachrisson v. Ahman, 2 Sandf, 68.

CHAPTER XIV.

MALICIOUS MISCHIEFS AND OTHER INJURIES TO PROPERTY.

SEC. 635. Injuries to railroad tracks, etc.

636. Damaging building, etc., by explosion.

637. Burning certain property, how punished.

638. Altering, etc., signal or light for vessel, etc.

639. Injuries to property, etc.

640. Malicious injury and destruction of property.

641. Divulging, etc., telegram, a misdemeanor.

642. Opening or publishing a sealed letter, etc.

643. Affixing advertisement to another's land, etc., how punished.

644. Presumptive evidence against certain persons.

645. Endangering life by maliciously placing explosives near building.

646. Malicious injury to standing crops, when a misdemeanor.

647. Removal of books and works of art from library; willful injury to works of art, ornamental trees, etc.

648. Malicious injury to certain articles in museum, etc., how punished. 649. Destroying, etc., election returns.

650. Property in house of worship, etc.

651. Unlawful interference with gas meter or steam valves.

652. Driving vehicle, etc., on sidewalks.

653. Coercing another person, a misdemeanor.

654. Injury to other property, how punished.

A person who:

635. Injuries to railroad tracks, etc. 1. Displaces, removes, injures or destroys any rail, sleeper, switch, bridge, viaduct, culvert, embankment, or structure, or any part thereof attached, appertaining to or connected with any railway, whether operated by steam, horses, or other motive power; or,