§ 1482. Drugging person for enlistment. A person who administers any drug or stupefying substance to another, with the intent, while such person is under the influence thereof, to induce such person to enter the military or naval service of the United States, of this state, or any other state, country or government, is guilty of a misde meanor. Derivation.-Penal Code, § 447. § 1483. Seizing military stores belonging to the state. A person who enters any fort, magazine, arsenal, armory, arsenal yard or encampment, and seizes or takes away any arms, ammunition, military stores or supplies belonging to the people of this state; and a person who enters any such place with intent so to do, is punishable by imprisonment in a state prison not exceeding ten years. Derivation.-Penal Code, § 484. § 1484. Converting military property; unlawfully wearing uniform; unlawful use of name of military or naval organization or unit thereof. 1. Any person who shall secrete, sell, dispose of, offer for sale, purchase, retain after demand made by a commissioned officer of the national guard, or in any manner pawn or pledge any arms, uniforms or equipments, issued under the provisions of the military law; or, 2. Any person not a member of the national guard, except members of organizations specially authorized to do so by the military law, who shall wear any uniform or designation of grade similar to those in use by the national guard, issued or authorized under the provisions of said law; or, 3. Any person, society or corporation who shall, with intent to acquire or obtain for personal or business purposes a benefit or advantage, assume, adopt or in any manner use the name of a regiment, battalion, battery, squad, troop, division, company or other unit of any military or naval organization constituting a part of the national guard or naval militia of the state of New York, or of any society, association or other organization, or a part thereof, whether incorporated or unincorporated, that has been recognized by the commanding officer of such military or naval organization as a society or association of its veterans or ex-members, or who shall assume or adopt a name so nearly resembling it as to be calculated. to deceive the public with respect to any such military or naval organization, or any such society, association or other organization, or a part thereof, of its veterans or ex-members, without first having obtained the written consent of the commanding officer of such military or naval organization, 4. Any person who shall fraudulently wear any badge, insignia, clasp, rosette or button issued by the government of the United States or the state of New York or any foreign government to which the government of the United States was allied in the world war, Is guilty of a misdemeanor. Whenever there shall be an actual or threatened violation of any of the subdivisions of this section, an application may be made to a court or justice having jurisdiction to issue an injunction, upon notice to the defendant of not less than five days, for an injunction to enjoin and restrain said actual or threatened violation; and if it shall appear to the satisfaction of the court or justice that the defendant is in fact violating any of the subdivisions of this section, or is threatening to do so, an injunction may be issued by such court or justice enjoining and restraining such action or theatened violation without requiring proof that any person has in fact been misled or deceived or otherwise injured thereby. (Amended by L. 1913, ch. 555; L. 1921, ch. 143, in effect April 1. 1921.) Derivation.-Penal Code, § 674b, added L. 1894, ch. 551, § 2. § 1485. Introduction of spirituous or malt liquors into arsenal or armory. Any person who introduces any wine, spirituous or malt liquors into any arsenal or armory, except when prescribed for medical purposes by a medical officer of the national guard, is guilty of a misdemeanor. Derivation.-Penal Code, § 674c, added L. 1894, ch. 551, § 2. § 1486. Unlawfully exacting toll of a member of the national guard. Any person, master or keeper of a toll-gate, toll-bridge or ferry, or any person in charge thereof who wilfully hinders or delays any member of the national guard or refuses free passage to any such member going to or returning from any parade, encampment, drill or meeting which he may be by law required to attend, or wilfully hinders, delays or refuses free passage to any conveyance or military property of the state in charge of a member of said guard, is guilty of a misdemeanor. Derivation.-Penal Code, § 674b, added L. 1894, ch. 551, § 2. § 1487. Failure to respond to military duty. Every member of an independent military organization not regularly organized as an organization of the national guard, who fails to respond or to do military duty, or refuses to enlist when lawfully called upon to do so by the commander-in-chief, in cases of emergency or necessity, is guilty of a misdemeanor. Derivation.-Penal Code, § 674e, added L. 1894, ch. 551, § 2. ARTICLE 144. NAVIGATION. SECTION 1500. Offenses against the navigation law. 1500a. Sound of exhaust on gasoline motor boat to be muffled. 1501. Unlicensed piloting. 1502. Acting as port-warden without authority. 1503. Using net or weir unlawfully in Hudson river. 1504. Lights upon swing bridges. 1505. Interfering with navigation. 1506. Wilfully destroying vessel. 1507. Fitting out or lading any vessel with intent to wreck the same. 1509. Destroying invoice. 1510. Motor boats to be provided with mufflers; exceptions. § 1500. Offenses against the navigation law. Any person having the charge, command or control of a steamboat or vessel who: 1. Permits a line used for the purpose of landing or receiving passengers, to be attached in any way to the machinery of any steamboat, or permits a small boat used for the purpose of landing or receiving passengers to be hauled by means of such machinery; or, 2. Carries or permits a steamboat to carry a greater number of passengers than is stated in the certificate of such steamboat issued under the navigation law; or, 3. Wilfully violates any of the provisions of section eleven of the navigation law, relating to the sailing rules; or, 4. Neglects to carry and show on a vessel the lights required by section twelve of the navigation law; or, 5. Neglects to carry on a vessel the life boats and life preservers required by sections fourteen and fifteen of the navigation law; or, 6. Neglects to carry on a vessel the steam fire pump required by section thirteen of the navigation law; or, 7. Intentionally loads or obstructs or causes to be loaded or obstructed in any way the safety valve of the boiler of any steamboat or naphtha launch, or employs any other means or device whereby the boiler of such vessel may be subjected to a greater pressure than is allowed by the inspectors' certificate, or intentionally deranges or hinders the operation of any machinery or device employed to denote the stage of the water or steam in any boiler or to give warning of approaching danger, or intentionally permits the water to fall below the prescribed low water limit of the boiler; or, 8. Acts or permits another person to act as officer of a vessel without having the license required by section seventeen of the navigation law, except as permitted by the provisions of section thirty of the navigation. law; or, 9. Uses or permits to be used in lamps, lanterns or other lights, on a vessel, any oil which will not stand a fire test of at least three hundred degrees Fahrenheit; or, 10. After employing a steam vessel for towing, receives any commission or compensation for orders given to the owner, captain or agent of any vessel for towage; or interferes with or hinders any such owner, captain or agent, while in the prosecution of his business; or, 11. Neglects to cause the dampers in the pipes or chimneys of a steamboat to be closed, or to otherwise prevent the escape of sparks and coals therefrom while passing near any of the villages or cities situated on the Hudson river, or while landing or receiving passengers or freight, or while lying at the docks or wharves thereof; or, 12. Violates any other provision of the navigation law for which no other punishment is prescribed, Is guilty of a misdemeanor. Derivation.-Penal Code, §§ 359a, 359b, added L. 1897, ch. 584, §§ 1, 2. § 1500a. Sound of exhaust on gasoline motor boat to be muffled. A person who operates a boat, barge, vessel or other floating structure, on Lake George, Cayuga and Seneca lakes, or on the canal system of the state as constructed or improved under the provisions of chapter one hundred and forty-seven of the laws of nineteen hundred and three and amendatory acts and chapter three hundred and ninety-one of the laws of nineteen hundred and nine and amendatory acts, or upon any of the lakes, rivers or streams used in connection with said canal system, propelled wholly or partly by an engine operated by the explosion of gas, gasoline, naphtha or other substance, without having the exhaust from the engine run through a muffler so constructed and used as to muffle the noise of the exhaust in a reasonable manner, shall be guilty of a misdemeanor; but the provisions of this section shall not apply to any boat, barge, vessel or floating structure while actually competing in a race held under the auspices of any club or racing association, or between the hours of nine o'clock in the morning and sunset, when practicing or being tested for such a race. (Added by L. 1911, ch. 758; amended by L. 1915, ch. 380; L. 1917, ch. 305, in effect July 1, 1917.) § 1501. Unlicensed piloting. A person other than a lawfully authorized branch Hell Gate pilot who pilots or offers to pilot or tows or offers to tow any boat or vessel (except barges, vessels under fifty-five tons burden, and canal boats actually used in navigating the canals) through that part of the East river, commonly called Hell Gate, is guilty of a misdemeanor. But no pilotage shall be charged to any vessel under a coasting license, on entering or departing from the port of New York by way of the East river called Hell Gate unless such vessel actually employs a pilot, and the making of such charge or demand without such employment shall be deemed a misdemeanor. This section does not apply to vessels propelled wholly or partly by steam, owned or belonging to citizens of the United States, and licensed and engaged in the coasting trade. Derivation.-Penal Code, § 398, as amended L. 1882, ch. 384, § 1; Penal Code, § 399. Constitutionality. The act concerning the pilots of the channel of the East river, commonly called Hell Gate, held constitutional and valid. Stillwell v. Raynor, 1 Daly 47. The Federal Constitution does not deprive the several states of power to legislate upon the subject of pilots. Stillwell v. Raynor, 12 How. (U. S.) 299. An act of Louisiana providing for the survey of all hatches of sea-going vessels to be conducted by the Port Warden of New Orleans held a regulation of commerce with foreign nations and as such unconstitutional and void. Foster v. Master, etc., of New Orleans (1876), 94 U. S. 246. Application.—If any other person than a branch Hell Gate pilot shall pilot or tow for any other person, any vessel, etc., through the channel commonly called Hell Gate, he shall be deemed guilty of a misdemeanor. Peo. v. Sperry, 50 Barb. 170; Comrs. of Pilots v. Pacific Mail S. Co., 52 N. Y. 609. Notwithstanding the United States Pilotage Act, seagoing vessels in New York harbor are subject to pilotage under state law. Henderson v. Spofford, 10 Abb. Pr. (N. S.) 140, 3 Daly 361, aff'd 59 N. Y. 131. The pilot of a steam tug or towboat who, being upon his own boat, tows a vessel through Hell Gate, and, by signals made to the helmsman of the vessel in tow, directs changes at the helm to conform to the steamer's movements, does not pilot such vessel within the prohibition relative to Hell Gate pilots. Peo. v. Francisco, 10 Abb. Pr. 30, 4 Park. 139, 18 How. Pr. 475. Last paragraph. See Griswold v. Masters, etc., 9 Johns. 76; Nickerson v. Mason, 13 Wend. 64; Sturgis v. Spofford, 45 N. Y. 446. |