Sales by authorized agents, restricted. Unanthorized per town or village in which his office shall be kept, for the sale of passage tickets. Founded upon Laws of 1860, ch. 103, § 1. The provisions of this chapter are substantially a re-enactment of the act of 1860, with such modifications of language as are deemed suitable to incorporate the sections of the act of 1860, with those of the Penal Code. The provisions are extended to railroad tickets, the sale of which offers opportunities for frauds, corresponding with those in the sale of tickets on vessels. The regulations comprised in the act are new in our law; and the subject has been recently and fully treated by the legislature. The Commissioners have, therefore, not thought it necessary to propose any other substantial changes. S 670. No person except the persons designated in section 676 shall, within this state, ask, take or receive any money or valuable thing as a consideration for any passage or conveyance upon any vessel or railroad train, or for the procurement of any ticket or instrument giving or purporting to give any right, either absolutely or upon any condition or contingency, to any passage or conveyance upon any vessel or railroad train, unless he is an authorized agent within the provisions of the last section; nor shall any person, as such agent, sell any such ticket or instrument, or ask, take or receive any consideration for any such passage or conveyance, 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 preceding 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 railroad referred to in such ticket. Nor shall any such ticket or instrument be issued or sold, which purports to entitle a person to a passage by any mode of conveyance, or to any place of destination, or by any route, vessel or train, other than the one bargained for. Founded upon Laws of 1860, ch. 103, § 2. S671. No person other than an agent appointed, gous forbid as provided in section 669, shall sell, or offer to sell, or in any way attempt to dispose of any order, cer den to sell certificates, receipts, purpose of procuring tickets. tificate, receipt or other instrument for the purpose, &c., for the or under the pretense of procuring any ticket, or instrument mentioned in section 669, upon any company or line, vessel or railroad 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. Ibid., § 3. ment for of the preceding $ 672. Every person guilty of a violation of any Punishof the provisions of the preceding sections of this violation 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. Ibid., § 4. S 673. All persons who conspire together to sell or attempt to sell, to any person, any passage ticket, or other instrument mentioned in sections 669 and 671, 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. Ibid., § 5. $674. Persons guilty of violating the last section, may be indicted and convicted for a conspiracy, notwithstanding the object of such conspiracy has been executed. Ibid., § 6. $675. 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 imprison sectiona Owners, pursers, Station masters, &c.. allow ed to sell tickets. ment in a county jail for a period not exceeding six months, and not less than three months. Ibid., § 7. Section 8 of the act is omitted for the reason that it is of doubtful expediency; and if desirable to be retained, it appertains to the Code of Criminal Procedure. It is as follows: "All complaints regarding the violation of this act shall be presented by the district attorney of the district where such complaint was made. to the grand jury, for indictment, in preference to all other complaints. And it shall be the duty of judges of the court of general sessions of the peace, and of the courts of over and terminer, in the counties of Erie, Albany and New York, to call the attention of the several grand juries to the provisions of this act." S676. 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. Laws of 1860, ch. 103, § 9, S 677. The provisions of this chapter do not preconductors, vent the station master or other ticket agent upon any railroad, from selling in his office in any station on such railroad, any passage tickets upon such railroad; nor do they prevent any conductor upon any railroad from selling such tickets upon the trains of such road. What must be stated in passage ticket. S 678. Every 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 any 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. Ibid., § 11. $679. Every 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 felony. Ibid., § 11. of indict $ 680. No indictment or conviction under any pro- Requisites vision of the preceding sections of this chapter, for ment. the sale, attempted sale, issuing or delivering of any ticket, instrument, certificate, order or receipt, is defective because such ticket, instrument, certificate, order or receipt is not made or filled out according to the requirements of the last section. Ibid., § 11. Section 12 of the act, which defines the words "ship" and steamship," is omitted. A definition of the word "vessel" is given, among other definitions of terms, in section 769. defined. 3681. The term "company," as used in this chap- "Company" ter, includes all corporations, whether created under the laws of this state, or of those of any other state or nation. Laws of 1860, ch. 103, § 13. railroad $682. The provisions of this chapter do not permit Foreign railroad companies incorporated in any other state to companies. sell passage tickets under this chapter in this state; nor do they permit the owners or agents of any Issuing fictitious bills of lading &c. Isening fictitions receipts. vessel to sell tickets for or on behalf of any such railroad company. Ibid., § 14. CHAPTER XIV. FRAUDULENT ISSUE OF DOCUMENTS OF TITLE TO MER- SECTION 683. Issuing fictitious bills of lading, &c. 684. Issuing fictitious warehouse receipts. 685. Erroneous bills of lading or receipts, issued in good faith, excepted. 686. Duplicate receipts must be marked "Duplicate." 687. Selling, hypothecating or pledging property received for transportation or storage. 688. Bill of lading or receipt issued by warehouseman, must be canceled on redelivery of the property. 689. Property demanded by process of law. S683. Every person being the master, owner or agent of any vessel, or officer or agent of any railroad, 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 any merchandise of any description has been shipped on board any vessel, or delivered to any railroad, 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 punishable by imprisonment in a state prison not exceeding five years, or by a fine not exceeding one thousand dollars, or both. See Laws of 1858, ch. 326, § 5. S684. Every person carrying on the business of a warehouse warehouseman, wharfinger, or other depositary of property, who issues any receipt, bill of lading or other voucher for any merchandise of any description |