right to give such authority or permission, loosens any brake or blocking of any car standing on any railroad track in this state, or without like authority or permission, puts upon or runs any hand car, or other car, on any railroad track in this state, or without like authority or permission, interferes or meddles with any brake or coupling of any car while standing or moving on any railroad track in this state, or takes any part therein, in a case where the punishment is not specially prescribed by statute, is punishable as follows: 1. If the value of the property destroyed, or the diminution in the value of the property by the injury is more than twenty-five dollars, by imprisonment for not more than four years. 2. In any other case, by imprisonment for not more than six months, or by a fine of not more than two hundred and fifty dollars, or by both such fine and imprisonment. 3. And in addition to the punishment prescribed therefor, he is liable in treble damages for the injury done, to be recovered in a civil action by the owner of such property, or the public officer having charge thereof. Pen. Code, § 654, as am'd L. 1892, c. 186. 2 N. Y. Cr. R. 37; 8 id. 484; 31 Hun, 58; 131 N. Y. 111; 141 id. 538; 142 id. 366; 65 Hun, 349; 66 id. 230; 42 N. Y. St. R. 724; 44 id. 485; 45 id. 516; 47 id. 379, 925; 57 id. 822; 15 N. Y. Supp. 612; 17 id. 713; 20 id. 278. IN ACTIONS ON PROBATE OF WILLS; see Wills, § 77. BY ACTS NOT EXPRESSLY FORBIDDEN; see Penal Code, § 8. BY AFFIXING ADVERTISEMENT TO ANOTHER'S PROPERTY; see Advertisements. ASSEMBLIES FOR PURPOSE OF INFLICTING; see Unlawful Assemblies. ATTACHMENT FOR; see Attachment, § 1; Justices' Courts, § 45. To BAGGAGE OF TRAVELLERS; see Railroad Law, § 45. TO BRIDGES; see Highway Law, §§ 153, 154. To CANALS; see Canal Law, § 204. DAMAGES FOR : FROM LIQUOR SELLERS; see Liquor Tax Law, § 39. TENDER OF PAYMENT OF; see Tender. WRIT OF INQUIRY TO ASCERTAIN; see Judgment, etc., § 15. DEFINED; see Code of Civil Procedure, § 3, subd. 10. BY DESTROYING ELECTION RETURNS; see Election Law, § 225. BY DRIVING ANIMAL OR VEHICLE ON SIDEWALK; see Highway Law, § 205. TO HIGHWAYS; see Highway Law, § 153. TO HOUSES OF WORSHIP, ETC.; see Religious Corporations Law, § 117. INDICTMENT FOR; see Indictment, § 16. TO INHERITANCE; see Real Property Law, § 353. JOINING CAUSES OF ACTION FOR; see Pleadings, § 12. JURISDICTION OF ACTIONS FOR; see Albany, § 7; Justices' Courts, § 2; New York, § 75. LIABILITY OF OWNERS OF CARRIAGES FOR; see Highway Law, § 161. LIMITATION OF ACTIONS FOR; see Limitations, §§ 21, 22. TO MINES AND MACHINERY; see Mines, § 13. TO NOTICES AGAINST TRESPASSING; see Fisheries, etc., Law, §§ 216, 271. ORDER OF ARREST FOR; see Arrest, §§ 2, 6; Justices' Courts, § 35. PARTIAL DEFENSES TO ACTIONS FOR; See Pleadings, §§ 32, 59. TO PROPERTY OF AGRICULTURAL SOCIETIES; see Agricultural Law, § 105. OF BENEVOLENT, ETC., SOCIETIES; see Benevolent, etc., Societies, § 3. IN CUSTODY OF AN OFFICER; see Rescues, § 2. OF LIBRARIES, ETC.; see University Law, § 43. TO RAILROADS; see Railroad Law, § 206. TO SALT WORKS; see Salt Springs Law, § 53. SURVIVAL OR ASSIGNMENT OF ACTIONS FOR; See Assignment, § 2; Executors, etc., §§ 165, 166. BY TRAMPS; see Vagrants, § 14. BY TRESPASSERS; see Courts of Special Sessions, § 1; Fisheries, etc., Law, § 244; Real Property Law, §§ 355, 356; Trespass. TO VESSELS; see Shipping, §§ 40, 41. Personal Injuries. BY ACTS NOT EXPRESSLY FORBIDDEN; see Penal Code, § 8. APPEALS IN ACTIONS FOR, LIMITED; see Court of Appeals, § 2. ASSEMBLIES FOR PURPOSE OF INFLICTING; see Unlawful Assemblies. COERCION BY THREAT OR INFLICTION OF; see Coercion; Duress; Extortion; Real Property Law, § 357. COMMITTING CERTAIN, A MISDEMEANOR; See Penal Code, § 8. TO CONVICTS; see Convicts, § 1. DAMAGES FOR: FROM LIQUOR SELLERS; see Liquor Tax Law, § 39. WRIT OF INQUIRY TO ASCERTAIN; see Judgment, etc., § 15. DEFINED; see Code of Civil Procedure, § 3, subd. 9. BY FIRE-ARMS; see Weapons, § 4. ON GROUNDS OF AGRICULTURAL SOCIETIES; see Agricultural Law, § 105. JURISDICTION OF ACTIONS FOR; see Albany, §7; Justices' Courts, §§ 2, 3; New York, $ 75. LIABILITY OF OWNERS OF CARRIAGES FOR; see Highway Law, § 161. LIMITATION OF ACTIONS FOR; see Limitations, §§ 21-23; Municipal Law, §§ 34, 35. ORDER OF ARREST FOR; see Arrest, §§ 2, 6; Justices' Courts, § 35. PARTIAL DEFENSES TO ACTIONS FOR; See Pleadings, §§ 32, 59. PENSIONS IN CASE OF; see Military Code, § 132. PHYSICAL EXAMINATION IN CASE OF; see Depositions, § 4.. PROBABLY FATAL; see Arrest, § 114. BY RAILROADS; see Railroad Law, §§ 41, 53. RESULTING IN DEATH; see Constitution, § 18. BY ROBBERS; see Robbery. SURVIVAL OR ASSIGNMENT OF ACTIONS FOR; see Abatement and Revival, § 10; Assignment, § 2; Executors, etc., §§ 165, 166. BY TRAMPS; see Vagrants, § 14. BY UNSAFE SCAFFOLDINGS, Etc., Furnished BY EMPLOYERS; see Buildings. INJURIES TO ANIMALS; see Cruelty. MAIMING; see Maiming. FOR A LIST OF CRIMES AGAINST PERSON OR PROPERTY; see Felonies; Misdemeanors. See also Actions; Assault; Damages; Death, Action for Causing; Insurance Law; Malicious Mischief; Waste. PRESUMPTION OF; see Presumptions. 1 INNOCENCE. INNS AND INN-KEEPERS. Boarding-house keeper's lien. The keeper of a boarding-house shall have the same lien upon and right to detain the baggage and effects of any boarder to the same extent and in the same manner as inn keepers have such lien and right of detention; but nothing herein shall be deemed to give to any boardinghouse keeper any lien upon or right to detain any property the title to which shall not be in such boarder. L. 1860, c. 446, § 1, as am'd L. 1876, c. 319. 42 Barb. 626; 24 How. Pr. 62; 1 Lans. 484; 6 Rob. 268; 2 T. & C. 650; 7 Hun, 594; 9 Daly, 361. 2 Emigrant boarding-houses. This act shall not affect the law in regard to keepers of emigrant boarding houses. Id., § 2. 3 Sale to satisfy lien. Any hotel-keeper, inn-keeper, boarding-house or lodging-house keeper, who shall have a lien for fare, accommodation, or board upon any goods, baggage or other chattel property, and in his possession for a period of three months at least, after the departure of the guest or boarder leaving the same, or who for a period of six months,shall have in custody any unclaimed trunk, box, valise, package, parcel or other chattel property whatever, may proceed to sell the same at public auction; and out of the proceeds of such sale may, in case of lien, retain the amount thereof and the expense of advertisement and sale; and, in case of unclaimed property, the expense of storage, advertisement, and sale thereof; provided in all instances, the notice specified in the next section be first given as therein directed. L. 1879, c. 530, § 1. 12 Daly, 174. 4 Notice, time and mode of sale. Fifteen days at least prior to the time of the sale, a notice of the time and place of holding the sale, and containing a brief description of the goods baggage and articles to be sold shall be published in a newspaper of general circulation, published in the city or town in which such hotel, inn, or boarding-house is situated; but if there be none, then in such newspaper published nearest said city or town; and shall also be served upon said guest, boarder or owner of such chattel articles and property, if he reside or can be found within the county, where said hotel, inn, boarding house, or lodging house is situated by delivering the same to him personally, or leaving it at his place of residence with a person of suitable age in charge thereof. But if such guest, boarder or owner does not reside, or cannot be found in said county, then said notice shall be deposited in the post-office of said city or town with the postage prepaid thereon, fifteen days prior to said sale, and addressed to said guest, boarder, or owner at his place of residence, if he left his address, or it be otherwise known to said hotel, inn, boarding-house keeper or lodging-house keeper. The sale shall take place between the hours of ten o'clock in the forenoon and four o'clock in the afternoon and all articles sold shall be to the highest bidder for cash. Id., § 2. 5 Surplus. Such hotel-keeper, inn-keeper, boarding house keeper or lodginghouse keeper, shall make an entry of the articles sold and the balance of the proceeds of the sale, if any, and within ten days from such sale shall, upon demand, refund such balance and surplus to such guest, boarder or person leaving the articles sold. Id., § 3. 6 Same, when paid to county treasurer, etc. In case such balance shall not be demanded and paid as specified in the last section, within said ten days, then within five days thereafter said hotel-keeper, inn-keeper, boarding house keeper or lodging-house keeper, shall pay said balance to the treasurer of the county, or chamberlain of said city, as the case may be, and shall at the same time file with said treasurer or chamberlain an affidavit made by him, in which shall be stated the name and place of residence, so far as they are known to him of the guest, boarder or person whose goods, baggage or chattel articles were sold, the articles sold, and the price at which they were sold, the name and residence of the auctioneer making the sale and a copy of the notice published and how served, whether by personal service, or by mailing, and if not so served the reason thereof. Id., § 4. 7 Duty of treasurer, etc. Said treasurer or chamberlain shall keep said surplus moneys for, and credit the same to the person named in said affidavit as said guest, boarder, or person leaving the articles sold, and shall pay the same to said person, his or her executors or administrators, upon demand, and evidence satisfactory to said treasurer or chamberlain furnished, of their identity. Id., § 5. 8 Remedy cumulative. Nothing herein contained shall preclude any other remedy now existing for the enforcement of hotel-keepers, inn keepers, boarding house keepers, or lodging house keepers' lien, nor bar their right to recover for so much of the debt as shall not be paid through said sale. Id., § 6. 9 Liability for loss by fire. No inn-keeper shall be liable for the loss or destruction by fire of property received by him from a guest, stored or being with the knowledge of such a guest in a barn or other outbuilding, where it shall appear that such loss or destruction was the work of an incendiary and occurred without the fault or negligence of such innkeeper. L. 1866, c. 658, § 1. 64 N. Y. 597; 61 id. 34. 10 Same: value of animals destroyed. No animal belonging to a guest and destroyed by fire while on the premises of any inn-keeper, shall be deemed of greater value than three hundred dollars, unless an agreement shall be proved between such guest and inn-keeper that a higher estimate shall be made of the Id., § 2. same. 11 Proprietors, when not liable for loss of valuables; deposits for safe keeping and liability for loss, limited. Whenever the proprietor or proprietors of any hotel or inn shall provide a safe in the office of such hotel, or other convenient place, for the safe-keeping of any money, jewels or ornaments belonging to the guests of such hotel or inn, and shall notify the guest thereof by posting a notice (stating the fact that such safe is provided, in which such money, jewels, or ornaments may be deposited) in a public and conspicuous place and manner in the office and public room, and in the public parlors of such hotel; and, if such guest shall neglect to deliver such money, jewels or ornaments to the person in charge of such office for deposit in such safe, the proprietor or proprietors of such hotel shall not be liable for any loss of such money, jewels or ornaments sustained by such guest by theft or otherwise; but no hotel proprietor or lessee shall be obliged to receive property on deposit for safe-keeping exceeding five hundred dollars in value; and if such guest shall deliver such money, jewels or ornaments to the person in charge of such office, for deposit in such safe, said proprietor or proprietors, shall not be liable for any loss thereof, sustained by such guest, by theft or otherwise, in any sum exceeding the sum of two hundred and fifty dollars, unless by special agreement in writing by proprietor or manager. L. 1855, c. 421, § 1, as am'd L. 1883, c. 227, § 1, and L. 1892, c. 284. 21 N. Y. 112; 33 id. 71, 577; 44 id. 172; 43 id. 539; 94 id. 1; 46 id. 269, rev'g 44 Barb. 31; 51 Barb. 632; 42 N. Y. 258, aff'g 51 Barb. 632; 54 N. Y. 262, rev'g 36 Barb. 70; 6 Rob. 365; 33 N. Y. Super. 271. 12 Liability for loss of wearing apparel, etc. No hotel keeper shall be liable to any guest for the loss of wearing apparel goods or merchandise for any sum exceeding the sum of five hundred dollars, where it shall appear that such loss occurred without the fault or negligence of such hotel-keeper; nor shall he be liable in any sum for the loss of any article or articles of wearing apparel, cane, umbrella, satchel, valise, box, bag, bundle or other chattel belonging to such guest, and not within a room assigned to him, unless the same shall be specially intrusted to the care and custody of such hotel keeper or his servants. Id., § 2, as am'd L. 1883, c. 227, § 2. 13 Lien upon effects of boarders. Whenever the keeper of any hotel or inn shall receive into his hotel or inn any person as a boarder, he shall have a lien upon and right to detain the baggage and effects of such boarder to the same extent and in the same manner as if such boarder had been received as a guest; and such lien may be enforced in the manner prescribed by law for the enforcement of a lien upon the baggage or effects of a guest. L. 1894, c. 253. 14 Lien of lodging-house keeper. The keeper of a lodging-house, other than an emigrant lodging-house, shall have the same lien upon and right to detain and sell the baggage and effects of any lodger to the same extent and in the same manner as innkeepers have such lien, and right of detention and sale; but nothing herein shall be deemed to give to any lodging-house keeper any lien upon or right to detain and sell any property the title to which shall not be in such lodger. L. 1895, c. 884, § 1. 15 Registers to be kept by certain hotels, etc.; inspection thereof. The proprietor or manager of any hotel, tavern, inn, boarding or lodging-house shall keep a register which shall show the name, residence, date of arrival and departure of their guests, providing such proprietor or manager shall be under a contract with a corporation, association, partnership or individual by the terms of which such corporation, association, partnership or individual is entitled to receive a percentage of the receipts from such business, which register shall be subject to the inspection of any corporation, association, partnership or individual who shall be under a contract with such proprietor or manager by the terms of which such corporation, association, partnership or individual is entitled to receive a percentage of the receipts from such business. L. 1896, c. 588, § 1. A per 16 Inn-keepers and carriers refusing to receive guests and passengers. son, who, either on his own account or as agent or officer of a corporation, carries on business as innkeeper, or as common carrier of passengers, and refuses, without just cause or excuse, to receive and entertain any guest, or to receive and carry any passenger, is guilty of a misdemeanor. Pen. Code, § 381. 17 Frauds on hotel-keepers. A person who obtains any lodging, food or accommodation at an inn, boarding-house or lodging-house, except an emigrant lodging-house, without paying therefor, with intent to defraud the proprietor or manager thereof, or who obtains credit at such an inn, boarding-house or lodging-house, by the use of any false pretense, or who, after obtaining credit or accommodation at such an inn, boarding-house or lodging-house, absconds and surreptitiously removes his baggage therefrom without paying for his food, accommodation or lodging, is guilty of misdemeanor. Pen. Code, § 382, as am'd L. 1886, c. 645, and L. 1895, c. 883. Inns. EQUAL RIGHTS IN; see Rights, Bill of, §§ 22, 23. EXCISE LICENSES TO, AND REGULATIONS CONCERNING; see Courts of Special Sessions, § 1, subd. 33; Liquor Tax Law. FRAUDS ON KEEPERS OF; see Courts of Special Sessions, § 1, subd. 34. GAMBLING IN; see Betting and Gaming, §§ 2, 3. JUSTICE OF THE PEACE KEEPING, DISQUALIFIED; see Justices' Courts, § 6. OFFICER NOT TO CHARGE PERSON UNDER ARREST FOR FOOD OR DRINK FURNISHED AT; see Sheriff, § 15. UNCLAIMED BAGGAGE at; see Freight and Baggage. UNLICENSED, Messenger BoyS IN; see Messenger Boys. USE OF ADULTERATED ARTICLES AT; see Agricultural Law, § 28. AT WATERING PLACES, REGULATIONS FOR SAFETY OF BATHERS; see Public Health Law, $ 202. WHEN NOT TO be Kept Open; see Disturbance of Meetings, § 2. EMIGRANT BOARDING-HOUSES; see Emigrants, §§ 73-75. SAILORS' HOTELS AND BOARDING-HOUSES; see Seamen, §§ 6-19. INQUESTS AND INQUISITIONS. CORONERS'; see Coroners. UPON DEFAULT; see Trials, § 18. UPON INCENDIARY FIRES; see Fires, §§ 3-8. AS TO PREGNANCY OF FEMALE CONVICT: see Death Penalty, §§ 10-12. IN PROCEEDINGS FOR APPOINTMENT OF COMMITTEE OF LUNATIC, ETC.; see Insanity Law. AS TO SANITY OF CRIMINAL; see Death Penalty, §§ 8, 9. UPON WRIT OF ASSESSMENT OF DAMAGES; see Assessment of Damages, §§ 9-12. UPON WRIT OF INQUIRY; see Judgment, etc., § 15. INQUIRY: UPON DEFAULT; see Pleadings, § 59. FEES FOR NOTIFYING JURORS UPON WRIT OF; see Sheriff, § 28, subd. 5. REFEREE APPOINTED TO MAKE; see References, § 1. AS TO SANITY OF CRIMINAL; see Insanity Law, § 175. THE INSANITY LAW (BEING CHAPTER 28 OF THE GENERAL LAWS). ART. I. STATE COMMISSION IN LUNACY. (§§ 1-16.) II. INSTITUTIONS FOR THE CARE, TREATMENT AND CUSTODY OF THE III. COMMITMENT, CARE, AND DISCHARGE OF THE INSANE. (§§ 60-77.) 1. Short Title. 2. Definitions. ARTICLE I. State Commission in Lunacy. 3. Appointment, Qualifications, Terms of Office and Salaries of Commissioners. 4. Office and Clerical Force of Commission. 5. Official Seal and Execution of Papers. 6. General Powers. 7. Official Visits. 8. Regulations and Forms. 9. Annual Report. 10. State Hospital Districts; how Defined. 11. Change of Hospital Districts and Reassignment of Patients. 12. Record of Medical Examiners. 13. Record of Patients. 14. Institutions to Furnish Information to Commission. 15. Commission to Provide for the Prospective Wants of the Insane. 16. Director of the Pathological Institute. |