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. Subd. 2.-Peo. v. Miller (1901), 63 App. Div. 11, 71 N. Y. Supp. 212; Peo. v. Reed (1899), 46 App. Div. 625, 14 N. Y. Cr. 326, 61 N. Y. Supp. 520. "The mere fact that opium and paraphernalia used in smoking opium were upon the premises was not of itself sufficient to show that the Penal Law had been violated." Barret v. Fook (1911), 129 N. Y. Supp. 23. Subd. 3.-A law forbidding the sale of opium is constitutional. 16 Nev. 50, 40 Am. Rep. 488. § 1534. Ticket speculators. Any person who State v. Ah Crew, 1. Conducts on or in any street in a city the business of selling or offering for sale any ticket of admission or any other evidence of the right of entry to any performance or exhibition in or about the premises of any theater or concert hall, place of public amusement, circus or common show; or 2. Solicits on or in any street in a city by words, signs, circulars or other means any person to purchase any such ticket or other evidence of the right of entry; or 3. In or from any building, store, shop, booth, yard, garden or in or from any opening, window, door, hallway, corridor or in or from any place of ingress or egress to or from any building, place of business, store, shop, booth, yard or garden in a city indicates, holds out or offers for sale to any person or persons on or in the street by word of mouth, crying, calling, shouting or other means that such ticket or other evidence of the right of entry may be purchased in such building, store, shop, booth, yard, garden or any other place; or 4. In or from such place or places in a city solicits by word of mouth, crying, calling, shouting, or other means any person on or in the street to purchase any such ticket or other evidence of the right of entry, Is guilty of a misdemeanor. (Added by L. 1921, ch. 12, in effect Feb. 26, 1921.) 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. References. See Crim. Code, § 56, subd. 24. In general. See Peo. v. Hazen (1890), 121 N. Y. 313, rev'g 52 Hun 370, 5 N. Y. Supp. 337; McCarty v. Holman, 10 N. Y. Week. Dig. 501. In Peo. v. Lowndes (1892), 130 N. Y. 455, rev'g 55 Hun 469, 8 N. Y. Supp. 908, the indictment charged the planting of the oysters but failed to allege that it was done for defendant's benefit or for the benefit of a nonresident employer. A demurrer, on the ground that the facts charged constitute no offense, was overruled; held, error. A corporation composed of two nonresidents and one resident was held to violate this section by removing oysters from water the title to the land under which was in a town of this state. Smithtown v. St. James Oyster Co. (1913), 80 Misc. 173, 140 N. Y. Supp. 981. A similar statute in Virginia was held not to be a regulation of commerce nor a violation of the privileges and immunities of interstate citizenship. McCready v. Virginia (1876), 94 U. S. 391. 6 "Planting,' in oysterman's' phraseology means depositing with the intent that the oysters should remain until they are fattened." McCready v. Virginia (1876), 94 U. S. 391. Where the title to submerged lands was ceded to a town of this state and a citizen of Connecticut attempted to use portions of such land for "planting" oysters, claiming right by 20 years user, it was held that such possession was at most a license which was revoked by the town on serving notice to discontinue the practice. Lowndes v. Huntington (1893), 153 U. S. 1. § 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. Removing oysters by means of a gasoline launch and a 150-pound dredge violates this section. Smithtown v. St. James Oyster Co. (1913), 80 Misc. 173, 140 N. Y. Supp. 981. 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. Subd. 2.-Peo. v. Miller (1901), 63 App. Div. 11, 71 N. Y. Supp. 212; Peo. v. Reed (1899), 46 App. Div. 625, 14 N. Y. Cr. 326, 61 N. Y. Supp. 520. "The mere fact that opium and paraphernalia used in smoking opium were upon the premises was not of itself sufficient to show that the Penal Law had been violated." Barret v. Fook (1911), 129 N. Y. Supp. 23. Subd. 3.-A law forbidding the sale of opium is constitutional. State v. Ah Crew, 16 Nev. 50, 40 Am. Rep. 488. § 1534. Ticket speculators. Any person who 1. Conducts on or in any street in a city the business of selling or offering for sale any ticket of admission or any other evidence of the right of entry to any performance or exhibition in or about the premises of any theater or concert hall, place of public amusement, circus or common show; or 2. Solicits on or in any street in a city by words, signs, circulars or other means any person to purchase any such ticket or other evidence of the right of entry; or 3. In or from any building, store, shop, booth, yard, garden or in or from any opening, window, door, hallway, corridor or in or from any place of ingress or egress to or from any building, place of business, store, shop, booth, yard or garden in a city indicates, holds out or offers for sale to any person or persons on or in the street by word of mouth, crying, calling, shouting or other means that such ticket or other evidence of the right of entry may be purchased in such building, store, shop, booth, yard, garden or any other place; or 4. In or from such place or places in a city solicits by word of mouth, crying, calling, shouting, or other means any person on or in the street to purchase any such ticket or other evidence of the right of entry, Is guilty of a misdemeanor. (Added by L. 1921, ch. 12, in effect Feb. 26, 1921.) 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. References. See Crim. Code, § 56, subd. 24. In general. See Peo. v. Hazen (1890), 121 N. Y. 313, rev'g 52 Hun 370, 5 N. Y. Supp. 337; McCarty v. Holman, 10 N. Y. Week. Dig. 501. In Peo. v. Lowndes (1892), 130 N. Y. 455, rev'g 55 Hun 469, 8 N. Y. Supp. 908, the indictment charged the planting of the oysters but failed to allege that it was done for defendant's benefit or for the benefit of a nonresident employer. A demurrer, on the ground that the facts charged constitute no offense, was overruled; held, error. A corporation composed of two nonresidents and one resident was held to violate this section by removing oysters from water the title to the land under which was in a town of this state. Smithtown v. St. James Oyster Co. (1913), 80 Misc. 173, 140 N. Y. Supp. 981. A similar statute in Virginia was held not to be a regulation of commerce nor a violation of the privileges and immunities of interstate citizenship. McCready v. Virginia (1876), 94 U. S. 391. “'Planting,' in 'oysterman's' phraseology means depositing with the intent that the oysters should remain until they are fattened." McCready v. Virginia (1876), 94 U. S. 391. Where the title to submerged lands was ceded to a town of this state and a citizen of Connecticut attempted to use portions of such land for "planting" oysters, claiming right by 20 years user, it was held that such possession was at most a license which was revoked by the town on serving notice to discontinue the practice. Lowndes v. Huntington (1893), 153 U. S. 1. § 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. Removing oysters by means of a gasoline launch and a 150-pound dredge violates this section. Smithtown v. St. James Oyster Co. (1913), 80 Misc. 173, 140 N. Y. Supp. 981. 1561. Certain sales and exchanges of passage tickets prohibited. 1562. Redemption of unused passage tickets. 1563. Advertising as agent, without written authorization; false or misleading information. 1564. Issuance of order or other instrument securing passage by vessel from foreign port to this state; what to contain. 1565. Punishment for violation of two preceding sections. 1566. Street railroad transfer tickets not to be given away or sold. 1567. Offices kept for unlawful sale of passage tickets declared disorderly houses. 1568. Owners, pursers and clerks allowed to sell tickets. 1569. Station masters, conductors and agents allowed to sell tickets. 1570. What must be stated in passage ticket. 1571. Sale of tickets not filled out, a misdemeanor. 1572. Soliciting the surrender of tickets a misdemeanor. § 1560. Company defined. 66 The term company," as used in this article, 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. Derivation.-Penal Code, § 627. § 1561. Certain sales and exchanges of passage tickets prohibited. 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 immigrant 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 immigrant or firstclass; or, 3. Directly or indirectly, by means of false representations, purchases or receives from an immigrant passenger any such ticket; or, 4. Procures or solicits any such passenger having such a ticket, to exchange the same for another passage ticket, or to sell the same and purchase some other passage ticket; or, 5. Solicits or books any passenger arriving at the port of New York |