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Full text of "The penal law and code of criminal procedure of the state of New York"

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BENDER'S EDITION 



IPjElSriLL Li^W 



AND TUB 



CODE OF 



CR.i]viiisriLL ^Procedure 



OF THE 



STATE OF NEW YORK 



With all Amendments Passed by the Legislature to thf. 

End of the Regular Session of 1018. 

tenth edition 

BY 

JOII.X T. FITZPATRICK, 
OF THE Albany P.vr. 




AT "i^ A \ \" V y 
MATTHEW BENDER & COMPANY, 

INCOItrORATED. 

PJiS. / 



# 



THE NEW YORK 

PUBLIC LIBRARY 

625939 

t^ /-TOR. L^NOX AND 
i.C . N V: ! NDATIONS 



It 



1918 



COPYMOHT, 1909, 1910, 1911, 1912, 1913, 1914, 
By MATTHEW BKXDKR & COMPANY. 

Copyright, 191.3, 1916. 1917. 1918, 
By MATTHEW BENDER COMPANY, 

LXCOBPOBATED. 



. . . . V 






• • • 



TABLBL 



TABXJB I, 

waownfo the provisions of the revised statutes, session 

LAWS AND code OF CIVIL PRGCEDURB WHICH ARE CONSOU- 
DATED IN THE PENAL LAW. 



V 



Paiiftl Lftw 
Seetion. 
R. B,, Pt. 1, Oh. «0, Tit. 8. 

II 838 

t, 834 

8 (pt.) Ml 

8 (pt.) 992 

• 994 

14, 16 995 

18, 17 993 

21, subd. 2 996 

24 1888 

25, 32 1383 

33 1384 

89 1386 

L. 1867, Ch. 376, §4 187 

L. 1867, Ch. 375, 5 10, t 2 185 

L. 1874, Ch. 209, if 2, 3, M 
amended by L. 1876, Ch. 108, 

5§ 1, 2 2196 

L, 1876, Ch. 97, § 1 183 

L. 1875, Ch. 97, i 2, at 
amended by L. 1875, Ch. 246, 

I 1 184 

L. 1875, Ch. 205 1147 

L. 1875, Ch. 246, § 1 184 

L. 1876, Ch. 108, i 1 2196 

L. 1881, Ch. 419, SS 1, 2 1310 

L. 1885, Ch. 490, f 1, at 
amended by L. 1891, Ch. 115, 

f 1 2370 

L. 1885, Ch. 490, 5 2 2370 

L. 1885, Ch. 490, if 4, 5 2371 

L. 1885, Ch. 490, f 7 2372 

L. 1887, Ch. 711, i 9, pt 2195 

L. 1891, Ch. 115, i 1 2370 

L. 1893, Ch. 296 1082 

L. 1894, Ch. 269, i 1 2240 

L. 1894, Ch. 865 1080 

L. 1805, OK 828, I 1, M 



Law 
Seetion. 
ameidtd bj L. 1907, Ch. 297, v 

II 2158 

L. 1896, Ch. 112, I 40, pt, 
as amended by L. 1897, Ch. 

312, i 28 1221 

L. 1896, Ch. 112, I 40, pt., aa 
amended by L. 1897, Ch. 312, 

I 28 1912 

L. 1896, Ch. 112, § 41 1913 

L. 1897, Ch. 256, f 1 489 

L. 1897, Ch. 312, i 28.... 1221, 1912 
L. 1898, Ch. 165, i 4, at 
amended by L. 1899, Ch. 225, 

12 270 

L. 1898, Ch. 326, aa amended 

by L. 1900, Ch. ^71 1757 

L. 1898, Ch. 565, fi 10 1763 

L. 1898, Ch. 657, coyered by. . . 421 

L. 1898, Ch. 671 1278 

L. 1899, Ch. 225, i 2 270 

L. 1900, Ch. 171^ 1767 

L. 1905, Ch. 168, f 2 480 

L. 1907, Ch. 297, | 1 2168 

L. 1907, Ch. 649, S 2 1742 

Code Civ. Pro., i 13 602 

Code Civ. Pro., f 32 1790 

Code Civ. Pro., § 33 1790 

Code Civ. Pro., i 63 271 

Code Civ. Pro., § 64, pt 272 

Code Civ. Pro., f 64, pt 1876 

Code Civ. Pro., § 70 278 

Code Civ. Pro., 5 71 273 

Code Civ. Pro., § 73. . (subd. 1) 274 
Code Civ. Pro., § 74. . (tubd. 2) 274 
Code Civ. Pro., 5 75. . (subd. 4) 274 

Code Civ. Pro., §76 276 

Code Civ. Pro., § 77 276 

Code Civ. Pro., i 78 178 



JF 



TABLE I. 






Fenal Law 
Section. 

Oodj Cir. Pro., § 79 278 Code 

Code Ciy. Pro., (80 278 Code 

Code Civ. Pro., § 81 279 Code 

Code Civ. Pro., § 126 1876 Code 

Code Civ. Pro., § 130 1791 Code 

Code Civ. Pro., § 169, pt 1839 Code 

Code Civ. Pro., § 334 1634 Code 

Code Civ. Pro., § 851 1622 Code 

Code Civ. Pro., § 961, pt 1874 Code 

Oodt CiT. Pro., I 1120 1892 Code 



Cir. Pro., 
Civ. Pro., 
Civ. Pro., 
Civ. Pro., 
Civ. Pro., 
Civ. Pro., 
Civ. Pro., 
Civ. Pro., 
Civ. Pro., 
CiT. Pro.| 



FaoBAl Law 
Section. 

1122 122 

1128 123 

1124 123 

1125 122 

1158 122 

1169 123 

1160 122 

1161 121 

1193 81 

1194 « 



m 
I 

: 

1 1 



■J 



TABLE n. 



TAB£B CL 

nOWUfG THB SJ BCr iOflS OF THE PENAL CODE AND THE 8ECnON6^ 
OF THE PKKAL LAW IN WHICH THEY ARE CONSOLIDATED. 

Pteal Code Penal Law Penal Code Penal Law 

Section. Section. Section. Section. 

1 1 41aa 763 

2 22 41b 76* 

S 2 41bb 7(J5 

4 2 41c 766 

f 2 41d 767 

6 2 41e 758 

7 20 41f 769 

8 41 41g 760 

I 31 41h V6l 

10 30 41i 762 

11 ...••••••••••••••••■••••• •*» '^J ••.•••••.••••••••••••••• |0«» 

12 2188 41k 764 

13 1931, 11)32 411 766 

U 1035 41m 766 

16 1037 41n 767 

16 1930 41o 768 

17 816 41p 769 

18 816 41q 770 

19 817 41r 771 

20 1120 4l9 .., 772 

21 1120 4n 778 

22 1220 41u .., e 774 

28 34 4lv 776 

24 1460 41w 776 

25 869 41x 777 

•2« 42 41y 778 

27 25 41z(a) 779 

28 26 4lz(b) 780 

29 ...!'.'/! 2 41z(c) 781 

30 , 2 41zz 782 

31 27 : 41zzz 750 

32 in3t 42 1820 

33 .....i 1934 43 1821 

34 2 44 1822 

Z6 .,,[,.[ 610 45 1823 

36..... 32 40 1824 

37 2380 47 1825 

38 ....! 2382 48 1826 

39 2381 48a 1827 

40 ....!! 238S 48b 1828 

4\ ,.][[. 761 48e 2320 

#U ..] ,.^ 762 49 1«M 



TABLE IL 



Panal Oodt 

SecUon. 
60 

51 

52 

58 

S4 

56 

66 

67 

58 

59 

60 

61 

62 

63 

64 

66 

66 

67 

68 

60 

70 

71 

72 

78 

74 

75 

76 

77 

78 

70 

80 



Penal Law 
Section. 

1830 

1831 

1832 

1832 

1833 

1834 

1835 

1836 

1837 

1320 

1321 

1322 

132J 

1324 

1325 

1320 

1327 

1328 

1320 

1330 

1331 

371 

372 

873 

374 

376 

1231 

1792 

878 

381 

379 



61 370, 1230 

(last par.) 1792 

1692 

1873 

84 1C93 

1694 

1695 

87 1090 

88 1690 

88 10U7 

00 1697 

01 169S 

1690 

160) 

04 2050 

•8 2061 



Penal Ck>d« Panal 

Section. Sect 

96 

97 

98 

99 

100 

101 

101a 

102 

103 

104 

106 

106 

107 

108 

109 

110 

111 

112 

113 

114 

116 

116 

117 

117a 

117b 

118 

110, pt. 

119, pt. ,.... 

120 

121 

122 

123 

124 

125 

126 

127 

128 

129 

130 

131 

132 

133 

134 

135 

136 iubd. 1, 

137 

138 



VIU 



TABLE n. 



BmI cm Ptaal Law 

Seetion. 

1854 

lSd.pt. ftabd.3, 274 

140 1855 

140, pt 2 7 .-• 

141 >.... 1856 

US ;.... 2443 

la i. 600 

144 1287 

14f 1780 

M 1781 

147 1080 

148 273 

148a 120 

140 277 

in 277 

Ul 022 

IR 023 

US 641 

lit 1857 

lite 1858 

IH 29 

IN 1782 

117 1783 

mt 1784 

liB 1786 

ISI 1786 

110 1601 

161 1850 

Its 1860 

let 1861 

164 1862 

165 1863 

166 1864 

167 1864 

168 580 

160 581 

170 582 

171 583 

17U 581 

171b 1480 

171c 1481 

172 2300 

173 2301 

J74 . . 2302 

171 2304 

m 2305 

in 2306 



Penal Ooda 
Section. 

78 

70 

80 

81 

82 

83 

83a 

84 

85 

86 

87 

88 

80 

00 

01 

02 



YHbaI Law 
Ssetioii. 

2303 

1042 

1043 

1041 

1040 

1044 

1044 

1046 

1047 

104o 

104S 

10-13 

lOoy) 

105:) 

1050 

1051 



03 8ubd. 2, 1052 

04 1052 

05 1052 

90 1032 

07 1052 

08 1052 

00 1052 

200 1052 

201 1052 

202 1053 

203 1054 

204 1055 

205 1055 

206 1400 

207 1402 

208 1403 

200 1401 

210 1404 

211 1250 

212 1261 

213 1252 

214 1253 

215 1254 

216 12.")5 

217 240 

218 242 

210 244 

220 241 

221 243 

222 245 

223 t46 



TABLE IL 



Bnal 06d» BbhaI Law 

SeetkML Section. 

2t4 2120 

22i 2121 

226 2122 

227 2123 

228 2124 

229 2126 

230 2128 

231 2125 

232 2127 

233 , 2129 

234 731 

236 732 

236 730 

237 733 

238 734 

289 735 

240 736 

241 737 

242 1340 

243 1341 

244 , 1342 

246 • 1843 

246 1344 

247 1846 

248 • 1346 

249 1346 

260 1347 

261 1348 

262 1349 

253 : 1360 

264 1361 

264a 1362 

266 Repealed 

266 Repealed 

257 Repealed 

268 Repealed 

269 2140 

260 2141 

861 Repealed 

Repealed 

2143 

t64 2144 

M6 2145 

266 2146 

267 2147 

268 2148 

2142 



Penal Oodii 

SectioiL fleetion. 

270 2149 

271 2160 

272 2073 

278 2070 

274 2071 

276 2072 

276 2151 

277 2162 

i.78 2010 

279 2012 

280 2011 

280a, pt 100 

280a, pt 101 

280a, pt 103 

280b : 102 

281 612 

282 70 

if 82a 2460 

282b, pt 1090 

282b, pt 1091 

288 2018 

283, pt 71 

288, pt. 638 

284 2176 

286 2176 

286 2177 

287 481 

287a 480 

288 488 

289 483 

290 4t4 

290a Repealed 

291, pt. 486 

291 »ubd. 7, 487 

292 48i 

292a 488 

292b 498 

293, pt 490 

293, pt 491 

294 80 

296 81 

296 492 

297 88 

298 840 

299 341 

300 848 



TAULE 11. 



Ytaal Law 

86Cti(HI. 

*)1 S43 

•Ot UIO 

SOS 690 

SOI 691 

S0« 2210 

SOe 2211 

m 2212 

S08 2213 

309 2214 

810 2216 

111 2216 

tit 2217 

111 2218 

IH 2210 

IIS 2220 

111 1140 

117 1141 

118 1142 

119 1148 

180 1144 

HI 1146 

122 1146 

121 1370 

m 1371 

1372 

1873 

127 1874 

1376 

1377 

no 1878 

111 1879 

IS8 1380 

III 1381 

134 1382 

in 1875 

lite XJnooDsiituiional 

m 971 

137 971 

Il7a 982 

187b 983 

I37e 984 

IS7d 985 

3S8 972 

ISO , 988 

140 989 

841 990 

9abd. 1, 996 



Penal Oote Fiaai Law 

Section. Section. 

343 973 

344 970 

344a 974 

344b 976 

344c 976 

345 977 

346 978 

347 979 

348 980 

349 997 

360 981 

361 986 

352 987 

353 1590 

354 1591 

355 1592 

366a 390 

356b 391 

355c 892 

365d 398 

365e 394 

366 1762 

357 1761 

358 1760 

359 1890 

359a 1600 

369b 1600 

360 1891 

361 1892 

362 1898 

363 924 

363a lubd. 1, 140 

363a eubd. 2, 143 

363a lubd. 3, 14£ 

363a ittbd. 4, 141 

363b 440 

364 flubds. 1-7, 2364 

364 eubd. 8, 421 

364a 422 

364b 428 

364c .^ 424 

364d 425 

364« 426 

364f 427 

364g 428 

364h 

3641 



TABLE n. 



BaMl (Mi 



FiBftl Law Penal CbAi 



Saetioii. Seetion. Seotion. 

804] 431 391 

486 420, 2352 392 

966 2350 398 

167 2351 304 

'SOS 2353 395 

«60 2355 396 

t70 2356 397 

<71 2357 398 

872 2481 309 

878 1360 400 

874 2482 401 

875 .., 920 402 

876 1450 403 

877 1121 404 

878 2400 405 

879 1788 405a 

879a 516 405b 

880 1789 406 

881 518 407 , 

882 925 407a 

888 514 408 

883a 832 408a 

888a 515 409 

884 830 410 

884a 2030 411 , 

884b 620 411a 

384e 432 412 

884d 433 413 

884e 1610 414 

884f RtpMled 416 

884g 1270 415a .... 

884h 1271 416 

384i 1272 417 

884j 1273 418 

384k 1274 419 

8841 1275 420 

384m 1620 421 

884II 1621 422 

3840 1081 423 

384p 2360 424 

384q 2361 425 

384T 489 426 

885 '. 1530 427 

386 1531 427a 

887 1532 428 

888 1533 429 

888 . ^894 429a 

too 1T59 



flagtioa. 



1960 
1961 
1962 
1963 
1964 
1741 
1740* 
1601 
1501 
1502 
1742 
1743 
1742 
1744 
1745 
1746 
1747 
434 
1748 
1749 
1750 
1751 
1896 
1897 
1898 
1800 
1762 
1000 
1001 
870 
871 
1980 
1981 
1082 
1983 
1984 
1986 
1086 
1987 
198S 
1989 
1900 
831 
1002 
1008 
1004 



TABLE n. 



410 

431 

432 

433 

433a 

434 

433 . 

436 . 

437 . 



438a 

438b 

439 

440 

441 

442 

443 

444 

445 

443 

447 

447» 

447b 

447e 

447d 

447t 

447f 

443 

441 

430 

451 

452 

453 

454 

455 

456 

457 flrit par., 1787 

458 1710 

456 nil 

460 1712 

461 166, 712, 1471, 1713 

td par. 1787, 2d par. 1006 

2037, 2096 

1714 

1716 

[ 1716 

" _ 1034 



Ftaal Law 
Section. 

1768 

1764 

1766 

1603 

1604 

1766 

926 

721 

1509 

435 

436 

437 

488 

642 

1560 

1661 

043 

1605 

1122 

, 927 

1482 

1276 

1906 

1277 

2410 

1768 

380 

1470 

2090 

2091 

, 2092 

710 

711 

2003 

2094 

2096 



Penal Code Fmal Law 

flectioiL Secikm. 

466 • 2036 

467 2036 

468 Itt par. 1906 

4e8a 160 

468b 161 

468c 164 

468d 169 

408e 161 

469 166, 713, 1472, 1716 

8d par. 1787, 8d par. 1906 

2038, 2097 

470 1866 

471 1866 

472 1867 

473 1868 

474 1869 

476 1870 

476 460 

477 461 

478 462 

479 463 

480 464 

481 466 

482 049 

483 2170 

484 1483 

486 2321 

486a 1871 

486 221 

487 222 

488 223 

480 2»4 

400 226 

401 226 

492 MO 

403 220 

494 220 

406 227 

406 402 

497 403 

498 404 

499 400 

500 Repealed 

501 400 

502 400 

503 401 

604 



••• 
JBU 



TABLE n. 

Kaal CbAi Vtaua Law P^nal Codt BimI Law 

Seetioa. Stetion. SectioiL Seetioo. 

406 406 651 1800 

am 406 662 850 

«0T 407 653 861 

808 408 554 852 

I50» 884 665 863 

$10 885 566 864 

ill 887 567 865 

612 887 668 856 

813 880 559 651 

614 '. 889 660 857 

616 889 501 85'* 

616 891 562 028 

617 892 563 .,. 020 

618 890 664 980 

619 882 565 031 

620 880 666 032 

621 881 5fi6a 033 

822 883 567 934 

628 886 567a 035 

624 888 667b 036 

625 893 568 937 

626 894 569 038 

627 805 670 080 

628 1290 571 040 

629 1293 572 041 

630 1294 573 942 

631 1296 674 043 

632 1298 575 1606 

633 1295 576 1607 

634 1297 577 1508 

635 1299 577a 1190 

636 1292 ' 577b 1101 

637 1291 677c 1192 

638 2480 577d 1193 

639 .... 1300 577e 1194 

640 1301 577f 1195 

641 1302 577g 1196 

642 1302 r»77h 1197 

643 1302 577i 1198 

1^44, pt 442 577j 1100 

644, pt 947 577k 1200 

646 , 1303 578 1201 

M 1304 579 1202 

647 1305 580 2411 

648 1806 581 2412 

(540 1307 682 2418 

660 1808 688 UU 



f^ CM* P«Dal Law 

etMom. BecUon. 

Ht 2*15 

RS 2416 

SU* 2417 

m 1170 

SS7 ini 

588 1172 

n». 11*3 

GM 680 

»1 862 

BK 661 

SS3 6fl3 

S» 664 

SK 290 

m 2W 

m 291 

»S 202 

U9 203 

em 204 

601 206 

Wl 2Ba 

(43 297 

flOl 298 

MW 290 

Wt 300 

607 301 

eOB 666 

SW 302 

610 864 

til 663 

<I! 660 

eis 668 

«I4 667 

615 ^....Uneoiutitiitional 

616, pt 1562 

mSa 1663 

elOb 1664 

GlOe 1566 

en UneonatitutionKl 

618 ......■•••■•■. .Uncnnatitutional 

MS Unconntitutional 

6Ik 560 

(20 UoconBtihitional 

821 1567 

(i22 1669 

m 1569 

624 16T0 

GU 167i 



Penal Ood* FMal Law 

Section. SaetiOB. 

62fl isat 

627 ISM 

628 Ml 

629 360 

630 36* 

631 3«3 

632 ' 364 

B33 3W 

634 369 

634a 367- 

835 leoi 

636 1420 

837 142i 

638 1422 

830 1428 

639« 1424 

640 USE 

640a llflO 

64(Jb 1161 

640c 1100 

840d Bepaaled. 

6408 203t 

641 6S2 

642 M3 

643 121 

844 181 

645 1805 

646 1426 

847 1427 

»*8 U2B 

649 1420 

660 14S0 

661 1431 

66Ia 1432 

652, pt 1907 

662. pt 1808 

662« ISO* 

653 £30 

654 1433 

654* 1434 



TABLE n. 



CM« FiBftl Law 
Section. Seetion. 

192 

193 

664 182 

ttU6 181 

666 194 

667 195 

668 106 

669 180 

670 278 

671 279 

672 1872 

673 1910 

674 944 

«74a 2240 

674b 1484 

674c 1485 

674d I486 

674« 1487 

674! W5 

674g 1011 

674h 9iB 

676, pt. ^3 

676, pt. 720 

676a 1650 

676 1033 

677 1038 

678 28 

679 33 

680 001 

681 103D 

682 1936 

688 650 

684 35 

685 260 

686 261 

687 262 

687a 2180 

688 1941 

688a 1042 

689 1940 

690 1020 



Penal Obdt 
Section. 

691 

692 

693 

604 

695 



Bnal Law 
Istooiion. 

1021 

1022 

, 2461 

2190 

2190 



696, pt 2191 

696, pt 2i:: 

697 Sl93 

698 2187 

699 2186 

00 2185 

01 2164 

02 2181 

03 2182 

04 2183 

^'5 2180 

J»6 36 

07 510 

08 511 

09 640 

iO 612 

H 644 

12 1681 

13 2194 

14 2444 

15 2445 

16 643 

17 643 

17a 946 

18 3 

19 38 

20 23 

21 921 

22 24 

23 37 

24 39 

25 40 

26 Ut par. 2501 

27 2502 

28 2500 

29 441 



affi 



TABLE nL 



8HOWIKG SECTIONS OF THE PENAL LAW ADDED, AMENDED OR MB- 
PEALED BY LAWS OF 1909, SUBSEQUENT TO ITS ENACTMENT AS 
A CONSOLIDATED LAW. 



I 71 Ch. 524 

280, added Ch. 483 

443, added Ch. 424 

484, 8ubd. 1 Ch. 278 

611, repealed . . Ch. 524 

762 Ch. 306 

862 Ch. 368 

866 CE. 368 

1002, added Ch. 524 

1140-a, added . . Ch. 279 

1141-a, added Ch. 280 

1250 Ch. 246 

1272 Ch. 205 

1298-a, added Ch. 514 

1426, fubd. 11-a, added.... Ch. 629 



14C0, renumbered Ch. 524 

1566 Ch. 204 

1620 Ch. 240 

1943, renumbered Ch. 524 

2175, added Ch. 524 

2176, added Ch 524 

2177, added Ch. 524 

2186 Ch. 478 

2189 Oh. 282 

2197, repealed Ch. 467 

2198, added Ch. 240 

2354 , Ch. 240 

2444 Ch. 240 

2461, repeated . Ch. 624 

2461, addad .Ott. 9U 



xvn 



TABLE OF CASES, 1909-1918. 



CITING PENAL LAW. 

§ 1. People ex rel. Bender v. Joyce (1916), 174 App. Div. 574, 161 N. Y. 
Supp. 771. 

§ 2. People ex rel. Cosgriff v. Craig (1909), 129 App. Div. 851, 114 N. Y. 
Supp. 833, rev'd 195 N. Y. 190; People v. Teal (19^09), 133 App. Div. 35, 
117 N. Y. Supp. 743; People v. Eckerson (1909), 133 App. Div. 220, 117 N. 
Y. Supp. 418; People v. Zuckerraan (1909), 133 App. Div. 615, 118 N. Y. 
Supp. 127 ; People v. Britain (1909), 134 App. Div. 275, 278, 118 N. Y. Supp. 
989: Clement v. Stratton (1910), 136 App. Div. 83, 86, 120 N. Y. Supp. 624; 
Greene v. Faulkhauser (1910), 137 App. Div. 124, 132, 121 N. Y. Supp. 
1004; People v. Gerst (1910), 137 App, Div. 272, 121 N. Y. Supp. 934; Peo- 
ple ex reL Perry v. Gillette (IWO), 66 Misc. 516, 124 N. Y. Supp. 420, rev'd 
140 App. Div. 27, rev'd 200 N. Y. 275; People v. Pisano (1911), 142 App. 
Div. 524, 127 N. Y. Supp. 204; Burton v. New York Cent. & H. R. R. Co. 
(1911), 147 App. Div. 557; People v. Maynard (1912), 151 App. Div. 790, 
137 N. Y. Supp. 9; People v. O'Reilly (1912), 153 App. Div. 854; People v. 
Katz ( 1^12), 154 App. Div. 44; People v. Katz (1913), 209 N. Y. 311; People 
V. Deckeiibrock (1913), 157 Appu Div. 379, 382; People v. Eiohner (1915), 168 
App. Div. 200, 154 N. Y. Supp. 44; People v. Wood (1916), 93 Misc. 701, 157 
N. Y. Supp. 541 ; People v. Galbo ( 1916) , 218 N. Y. 283 ; People v. Alex ( 1915) , 
171 App. Div. 929, 155 N. Y. Supp. 1130; People v. Graham (1916), 176 App. 
Div. 38, 162 N. Y. Supp. 334; People v. Haynian (1916), 94 Misc. 624, 159r N. 
Y. Supp. 981; People v. Richardson (1917), 222 N. Y. 103; People ex. rel. 
Fi»h V. Smith (1917), 177 App. Div. 152, 163 N. Y. Supp. 283; People v. 
Strauss (1917), 100 Misc. 661, 166 N. Y. Supp. 1004. 

§ 3. P«*ople V. Rouse (1909), 63 Misc. 135, 145, ll6 N. Y. Supp. 433; Peo- 
pl«f v. Starr Co. (1909), 135 App. Div. 517, 120 N. Y. Supp. 498; People v. 
Hoyt (1911), 145 App. Div. 695; People v. Pasiiuele (1912), 206 N. Y. 598; 
leople V. Sheffield, etc., Co. (1912), 206 N. Y. 79. 

§ 8. People V. Papp (1915), 165 App. Div. 971, 150 N. Y. Supp. 1102. 
<j 20. City of New York v. Alhambra Theatre Co. (1910), 136 App. Div. 
',i\<J, 512. 121 N. Y. Supp. 3. 

^ 21. People ex rel. Hunt v. Lane (1909), 132 App. Div. 406, 116 N. Y. 
Supp. 900; People v. Teal (1909), 133 App. Div. 35, 117 N. Y. Supp. 743; 
People V. Brill (1917), 100 Mi.sc. 92, 165 N. Y. Supp. 65. 
jf 22. People v. Knapp (1912), 206 N. Y. 373. 
§ 26* People ex rel. Fish v. Smith (1917), 177 App. Div. 152, 163 N. Y. 

Supp. 283. 

xix 



XX TABLE OF CASES, 1909-1918. 

§ 27. People v. Schultz (1912), 149 App. Div. 844; People v. Weeks (1916), 
172 App. Div. 117, 158 N. Y. Supp. 39. 

§ 29. Marra v. New York Central & H. R. R. R. Co. (1910), 139 App. Div. 
707, 124 N. Y. Supp. 443. 

§ 30. People v. Darrah (1910), 141 App. Div. 408, 126 N. Y. Supp. 522. 

§ 31. City of New York v. Alhambra Theatre Co. (1910), 136 App. Div. 
509, 512, 121 N. Y. Supp. 3, 

§ 34. People v. Schmidt (1915), 216 N. Y. 324. 

§ 38. City of New York v. Alhambra Theatre (19t)9), 63 Misc. 442, 444, 
118 N. Y. Supp. 471; City of New York v. Alhambra Theatre Co. (1910), 
136 App. Div. 509, 121 N. Y. Supp. 3; People v. May (1917), 179 App. Div. 
290, 166 N. Y. Supp. 351. 

§ 42. People v. Lumsden (1911), 201 N. Y. 264, 269, rev*g 141 App. Div. 
158, 125 N. Y. Supp. 1079; People v. Frazone (1914), 211 N. Y. 284. 

§ 43. People v. Darrah (1910), 141 App. Div. 408, 417, 126 N. Y. Supp. 
522; People v. Tylkoff (1^14), 212 N. Y. 197, 31 N. Y. Cr. R. 338; People v. 
Martinitis (1915), 168 App. Div. 446, 153 N. Y. Supp. 791; People v. Nesin 
(1917), 179 App. Div. 869, 167 N. Y. Supp. 49^. 

§ 70. People ex rel. Howey v. Warden (1913), 207 N. Y. 354; People v. 
Turley (1912), 153 App. Div. 671; People v. Deckenbrock (1W3), 157 App. 
Div. 379; Boyles v. Blankenhorn (1915), 168 App. Div. 388, 153 N. Y. Supp. 
466; Macri v. Maori (1917), 177 App. Div. 292, 164 N. Y. Supp. 112. 

§ 71. People V. Kathan (1910), 136 App. Div. 303, 307, 120 N. Y. Supp. 1096. 

§ 100. People ex rel. Sheldon v. Curtin (1912), 152 App. Div. 364; People 
v. McCoy (1914), 162 App. Div. 182, 147 N. Y. Supp. 748. 

§ 190. People v. Vert (19X)9), 134 App. Div. 790, 119 N. Y. Supp. 859. 

§ 221. People v. Stehr (1915), 168 App. Div. 119, 153 N. Y. Supp. 296. 

§ 222. People v. Goldberg (1911), 146 App. Div. 335. 

§ 240. People v. Castaldo (1911), 146 App. Div. 767. 

§ 242. People V. Fein (19^14), 162 App. Div. 765, 147 N. Y. Supp. 966; People 
V. Thau (1915), 168 App. Div. 842, 154 N. Y. Supp. 470. 

§ 243. People v. Edwards (1916), 173 App. Div. 375,' 159 N. Y. Supp. 410. 

§ 244. People v. Roberts (1^15), 91 Misc. 229, 154 N. Y. Supp. 1103. 

§ 245. People v. Shaffer (1916), 173 App. Div. 177, 158 N. Y. Supp. 824. 

§ 261. People v. Teal (1909), 133 App. Div. 35, 117 N. Y. Supp. 243: People 
•X rel. Perry v. Gillette (1910), 140 App. Div. 27, 124 N. Y. Supp. 470, rev'd 
200 N. Y. 275; People v. Pisano (1911), 142 App. Div. 524, 127 N. Y. Supp. 
204; People ex rel. Quinn v. Schleth (1917), 180 App. Div. 319, 167 N. Y. 
Supp. 491. 

§ 262. People v. Pisano (1911), 142 App. Div. 524, 127 N. Y. Supp. 204. 

§ 270. Pume v. McGonigle (1911), 73. Misc. 35. 

§ 271. Matter of Rothschild (1910), 140 App. Div. 583, 125 N. Y. Supp. 
629. 

§ 272. Matter of Rothschild (1910), 140 App. Div. 583, 125 N. Y. Supp. 

629. 

§ 273. PtK)ple ex rel. Brown v. Tighe (1911), 146 App. Div. 491. 

§ 274. Matter of Shay (1909), 133 App. Div. 547, 118 N. Y. Supp. 146; 
McCoy V. Ga.«^ Engine & Power Co. (1911), 71 MiJ^J. 537, 129 N. Y. Supp. 



TABLE OF CASES, 1909-1918. xxi 

251; (1912), 152 App. Div. 642; Matter of Newman (1916), 172 App. Div. 
173, 158 N. Y. Supp. 375; Matter of Newell (1916), 174 App. Div. 94, 160 N. 
Y. Supp. 275; Dennin v. Powers (1916), 96 Misc. 252, 160 N. Y. Supp. 636. 

§ 277. Matter of Rothschild (1910), 140 App. Div. 583, 125 N. Y. Supp. 
629. 

§ 278. People v. Friechnan (1910), 139 App. Div. 795, 124 N. Y. Supp. 
521. 

§ 280. Matter of Applioation of the Co-operative Law Company (1909), 
133 App. Div. 931, 117 N. Y. Supp. 637; Matter of Associated Lawyers' Co. 
(1909), 134 App. Div. 350, 119 N. Y. Supp. 1177; Kipp v. Siogle-Cooper Co. 
(1910), 136 App. Div. 918, 120 N. Y. Supp. 988; Matter of Co-operative Law 
Company (1910), 136 App. Div. 901, aflF'd 198 N. Y. 479; Matter of City of 
New York (1911), 144 App. Div. 107, 128 N. Y. Supp. 999; United States Title 
Guaranty Co. v. Brown (1914), 86 Misc. 287, 149 N. Y. Supp. 186; Irving v. 
Keal (1913), 209 Fed. 471; Bossert v. Dhuy (1914), 166 App. Div. 251, 151 
N. Y. Supp. 877; United States Title Guaranty Co. v. Brown (1915), 166 App. 
Div. 688, 152 N. Y. Supp. 470; Matter of Pace (1915), 170 App. Div, 818, 156 
X. Y. Supp. 641; Meisel & Co. v. Nat. Jewelers' Board of Trade (1915), 90 
Misc. 19, 152 N. Y. Supp. 913; People ex, rel. Floersheimer v. Purdy (1916), 
174 App. Div. 694, 162 N. Y. Supp. 70; People ex rel. Trojan Realty Corpora- 
tion V. Purdy (1916), 174 App. Div. 702, 162 N. Y. Supp. 56; People ex rel. 
Floersheimer v. Purdy (1917), 221 N. Y. 481, 483; People v. Peoples Trust 
Co. (1917), 180 App. Div. 494, 167 N. Y. Supp. 767; People v. Title Guarantee 
A, Trust Co. (1917), 180 App. Div. 648, 168 N. Y. Supp. 278. 

§ 283. People v. Friedman (1910), 139 App. Div. 795, 124 N. Y. Supp. 521. 

§ 295. People v. Mandel (1915), 90 Misc. 170, 154 N. Y. Supp. 231. 

§ 297. People v. Knapp (1911), 147 App. Div. 436, aff'd 206 N. Y. 373. 

§ 340. Berrey v. Berry (1909), 130 App. Div. 53, 64, 114 N.\. Supp. 497; 
People V. Barton (1913), 159 App. Div. 702. 

§ 341. People v. Dauchy (1911), 148 App. Div. 366, 131 N. Y. Supp. 993. 

§ 365. Mairs v. Baltimore & Ohio R. R. Co. (1909), 132 App. Div. 652, 117 
N. Y. Supp. 370; Canandaigua Nat. Bank v. Southern R. Co. (1909), 64 
Misc. 327, 118 N. Y. Supp. 668; Manny v. Wilson (1910), 137 App. Div. 140, 
122 N. Y'. Supp. 16. 

§ 372. People v. Furlong (1910), 140 App. Div. 179, 125 N. Y. Supp. 164. 

§ 873. Johnson v. Riter-Conley Mfg. Co. (1912), 149 App. Div. 543, 133 
N. Y. Supp. 1004. 

§ 378. Matter of Billington (1913), 156 App. Div. 63, 68, 141 N. Y. Supp. 
16; People v. Hyde (1913), 156 App. Div. 618, 141 N. Y. Supp. 1089; People 
V. Salomon (1914), 212 N. Y. 446; People v. Anhut (1914), 162 App. Div. 
517, 148 N. Y. Supp. 7. 

§ 879. People V. Maynard (1912), 151 App. Div. 790; Matter of Hartridge 
(1914), 162 App. Div. 877, 146 N. Y. Supp. 421. 

§ 380. People v. Bock, 69 Misc. 543, 125 N. Y. Supp. 301. 

§ 381. People v. Cummins (1912), 153 App. Div. 93. 110; People v. Bow- 
man (1912), 78 Misc. 425; People v. Anhut (1914), 162 App. Div. 517, 148 
N. Y. Supp. 7. 

§ 400. Rosenthal v. American Bonding Co. (1911), 143 App. Div. 362, 128 



xxii TABLE OF CASES, 1009-1918. 

« 

N. Y. Supp. 553; McNamara v. Henkel (1913), 226 U. S. 520; People v. Wal- 
ton (1913), 159 App. Div. 289; People v. May (1917), 179 App. Div. 290, 
166 N. Y. Supp. 351. 

§ 404. Rosenthal v. American Bonding Co. (1911), 143 App. Div. 362, 128 
N. Y. Supp. 553; MoNamara v. Ilcnkcl (1913), 226 U. S. 520; People v. 
Walton (\9U), 159 App. Div. 289; People v. Toland (1915). 165 App. Div, 795, 
151 N. Y. Supp. 482; People v. Xappo (1917), 178 App. Div. 906, 164 N. Y. 
Supp. 1106. 

§ 418. People v. Smith (1914), 88 Misc. 136. 

§ 439. KeniUe & Mills v. Kaighn (1909), 131 App. Div. 63, 115 N. Y. 
Supp. 809; Becket v. Hepworth Company (1909), 129 App. Div. 914; Hearn 
V. Schuchman (1912), 150 App. Div. 476, 135 N. Y. Supp. 52; Hearn v. Schueb- 
man (1913), 80 Misc. 311, 141 N. Y. Supp. 242; Bosenwasser v. Amusement 
Enterprises, Inc. (1914). 88 Misc. 57, 150 N. Y. Supp. 561; Palmer v. Doull 
Miller Co. (1916), 233 Fed. 309; Merchants' Line v. B. & O. R. R, Co. (1918), 
222 X. Y. 341. 

§ 440. Jenner v. Shope (19^10), 67 Misc. 162; Peope ex rel.^ Allen v. 
Whiting (1910). 08 Misc. 300, 123 N. Y. Supp. 769; Jenner v. Shopo (1912), 
205 N. Y. 66; Williams v. New York Herald Co. (1915), 165 App. Div. 529, 
150 N. Y. Supp. 838. 

§ 442. People ex rel. WoronofT v. Mallon (1918), 222 N. Y. 456. 

§ 480. People v. Lewis (1900), 132 App. Div. 256, 116 N. Y. Supp. 893; 
People V. Council (1912), 151 App. Div. 943, 136 N. Y. Supp. 912; People v. 
Jakeway (19^14), 88 Mi«c. 124, 151 N. Y. Supp. 651; People v. Fitzgerald 
(1915), 167 App. Div. 85, 152 N. Y. 641. 

§ 482. People v. Lewis (190?), 132 App. Div. 256, 116 N. Y. Snpp. 893. 

§ 483. St«'nv>n v. Flick Construction Co. (1911), 146 App. Div. 66; People 
V. Myrenberg (1911), 146 App. Div. 854; People v. Sarnceno (1912), 150 App. 
Div. 780, 135 N. Y. Supp. 149; People v. Manett (1913), 154 App. Div. 540. 

§ 484. PiH)ple V. Trippi (1912), 152 App. Div. 717. 

§ 486. St. Agnes Training School v. County of Erie (1910), 68 Misc. 648, 
124 N. Y. Supp. 984. 

§ 486. People ex rel. Mengione v. Briggs (1910), 138 App. Div. 386, 122 N. Y. 
Supp. 715; St. Agnes Training School v. County of Erie (1910), 68 Misc. 648, 
124 N. Y. Su])p. 984; People ex rel. N. Y. Juvenile Asylum v. Supervisors 
(1915), 168 App. Div. 863, 153 N. Y. Supp. 1076; Matter of Antonopulos 
(1916). 171 App. Div. 659, 57 X. Y. Supp. 587; Matter of Remske (1916), 
95 Misc. 330, 160 X. Y. Supp. 715. 

§ 491. M. & H. R. Humane Soc. v. County of Saratoga (1914), 87 Misc. 53, 
149 N. Y. Supp. 373. 

§ 611. Glielmi v. Glielmi (1911), 72 Misc. 511, 131 X. Y. Supp. 373. 

§ 614. Gibbs V. Arras Brothers (1918), 222 X. Y. 332. 

§ 628. People v. Gaylord (1910), 139 App. Div. 814, 124 X. Y. Supp. 517. 

§ 633. People v. Burns (1917), 178 App. Div. 845, 166 X. Y. Supp. 323. 

§ 562. Tucker v. Western Union Telegraph Co. (1915), 95 Misc. 287, 158 
X. Y. Supp. 959: People v. Hebberd (1016), 96 Misc. 617. 162 X. Y. Supp. 80; 
People V. McDonald (1917), 177 App. Div. 806, 165 X. Y. Supp. 41. 



TABLE OF CASES, 1909-1918, xxiii 

§ 558. Matter of Osborne (1909), 62 Misc. 575, 582, 117 N. Y. Supp. 169^; 
Witkop & Holmes Co. v Boyce (1909), 64 Misc. 374, 118 N. Y. Supp. 461; 
Witkop & Holmes Co. v. Great A. & P. Tea Co. (1910), 69 Misc. 9D, 124 N. Y. 
Supp. 956; People's Coat, Apron & Towel Supply v. Light (1915), 168 App. 
Div. 142, 153 N. Y. Supp. 330. 

§ 570. Matter of Hart (1909), 131 App. Div. 661, 673, 116 X. Y. Supp. 
193; Matter of Hartridge (1914), 162 App. Div. 877, 146 X. Y. Supp. 421; 
Catskill National Bank v. Lasher, No. 1 (1915), 165 App. Div. 548. 

§ 580. People V. Yannicola (1909), 133 App. Div. 885, 117 N. Y. Supp. 38; 
People V. American Ice Co. (1909), i35 App. Div. 180, 120 X. Y. Supp. 41; 
Cohen v. Fisher & Co. (1909), 135 App. Div. 238, 242, 120 X. Y. Supp. 546; 
New ion Company v. Erickson (1911), 70 Misc. 291, 126 X. Y. Supp. 949; 
People V. Sj^iro (1911), 71 Misc. 302; Xational Fireproof ing Co. v. Mason 
Builders' Ass'n (19t)9), 169 Fed. 259; S. C. 145 Ft'd. 200; Astruc v. SUr Co.' 
a912), 193 Fed. 631; People v. Davis (1913), 159 App. Div. 404; Pwplc v. 
l>wyer (1914), 160 App. Div. 542; People v. Sweeney (llrl4), 213 X. Y. 37, 41, 
arg 161 App. Div. 221, 146 X. Y. Supp. 637; People v. Hamilton (1915), 165 
App. Div. 546, 151 X. Y. Supp. 125; Drew v. Shaw (1915), 235 U. S. 432; 
Irving V. Xeal (1913), 209 Fed. 471, 477; Paine Lumber Co. v. Xeal (1^13), 
212 Fed. 259, 266; Gill Engraving Co. v. Doerr (1914), 214 Fed. Ill; People 
V. Dwyer (1915), 215 X. Y. 46, aff'g 160 App. Div. 542, 145 X. Y. Supp. 748; 
People V. Becker (1915), 215 X. Y. 120; People v. Dunbar Contracting Co. 
a9i;i), 215 X. Y. 416, aflf'g 165 App. Div. 59, 151 X. Y. Supp. 164; Auburn 
Dray ing Co. v. Wardell (1915), 89 Misc. 501, 152 X. Y. Supp. 475; People v. 
Sulfolk Contracting Co. (1916), 171 App. Div. 645, 157 X. Y. Supp. 523; 
Grasei Contracting Co. v. Bennett (1910), 174 App. Div. 244, 100 X. Y. Supp. 
279; Peoplo V. Hebberd (1916), 96 Misc. 617, 162 X. Y. Supp. 80; People v.» 
Rose (1917), 101 Misc. 650, 168 X. Y. Supp. 933. 

f 582. Grass! Contracting Co. v. Bennett (1916), 174 App. Div. 244, 160 X. 
Y. Supp. 279. 

§ 583. Drew v. Shiw (1915), 235 U. S. 432; GraSsi Contracting Ck). v. Ben- 
nett (1916), 174 App. Div. 244, 160 X. Y. Supp. 279. 

§ 584. Matter of Rouse (1914), 162 App. Div. 496, 147 X. Y. Supp. 713; 
Matter of Rouss (1917), 221 X. Y. 81. 

§ 800. Matter of Hanbury (1914), 160 App. Div. 662, 664. 

§ 601. People ex rel. Drake v. Andrews (1909), 134 App. Div. 32, 38, 118 
X. Y. Supp. 37. 

§ 610. People v. Schleiman (1910), 197 X. Y. 383, 385; People v. Di Pas- 
quale (1914), 161 App. Div. 196, 146 X. Y. Supp. 523; People v. Travis (1916), 
172 App. Div. 959, 157 X. Y. Supp. 577. 

§ 620. People ex rel. Phillips v. Raynes (1910), 136 App. Div. 417, 120 
X'. Y. Supp. 1053, aff'd 198 X. Y. 539. 

§ 664. Richards v. Wiener Co. (1911), 145 App. Div. 353; Richard v. 
Wiener Co. (1912), 207 X. Y. 59; People v. Cummins (1912), 153 App. Div. 
93; Hyman v. X'ew York Urban Real Estate Co. (1913), 79 Misc. 439; In re 
Tichenor-Grand Co. (1913), 203 Fed. 720; In re Fechheimer Fishel Co. (1914), 

212 Fed. 357. 

§ 065. People v. Britton (1909), 134 App. Div. 275, 280, 118 X. Y. Supp. 



xxiv TABLE OF CASES, 1909-1918. 

989; People v. Cummins (1912), 153 App. Div. 93; Logan v. Fidelity-Phenix 
Fire Insurance Co. (1914), 404, 412, 146 N. Y. Supp. 678. 

§ 667. People V. Knapp (1911), 147 App. Div. 436:, 442. 

§ 680. People v. Mayer (1909), 132 App. Div. 646, 117 N. Y. Supp. 520; 
People V. Colburn (1914), 162 App. Div. 651, 147 N. Y. Supp. 689. 

§ 720. People ex rel. Gordon v. Superintendent (1910), 65 Misc. 653, 120 
N. Y. Supp. 921; People v. Bevins (1911), 74 Misc. 377; People v. Goldfarb 
(1912), 152 App. Div. 870; People v. Whitman (1917), 178 App. Div. 193, 
165 N. Y. Supp. 148. 

§ 751. People v. Zerillo (1911), 200 N. Y. 443; Matter of Lazarus (1910), 
140 App. Div. 406, 125 N. Y. Supp. 414; People v. Zerillo (1911), 146 App. 
Div. 812. 

§ 752. People ex rel. Driscoll v. Bender (1913), 82 Misc. 671. 

§ 770. People ex rel. Hunt v. Lane (1909), 132 App. Div. 406, 116 N. Y. 
Supp. 990; People v. Walker (1914), 164 App Div. 25. 

§ 774. People ex rel. Johnson v. Connolly (1915), 168 App. Div. 919, 153 
N. Y. Supp. 495. 

§ 775. People v. Willett (1914), 164 App. Div. 1; People v. Cassidy (1914), 
164 App. Div. 15, 23. 

§ 810. People v. Welz (1^10), 78 Misc. 183, 128 N. Y. Supp. 484; People 
V. Risley (1915), 214 N. Y. 75. 

§ 818. People ex rel. Drake v. Andrews (1909), 134 App. Div. 32, 38, 118 
N. Y. Supp. 37; People v. Bloom (1912), 149 App. Div. 295, 133 N. Y. Supp. 
708. 

§ 817. People v. Kaminsky (1^13), 208 N. Y. 389, affg 137 App. Div. 941. 
« § 850. People ex rel. Perry v. Gillette (1911), 200 N. Y. 275, rev'g 140 
App. Div. 27, 124 N. Y. Supp. 470; People v. Adrogna (1910), 139 App. Div. 
595, 124 N. Y. Supp. 68; People ex rel. Short v. Warden of City Prison. 
(1911), 145 App. Div. 861; People v. Vitusley (1913), 155 App. Div. 139, 140 
K. Y. Supp. 19; People v. Davis (1913), 156 App. Div. 279, 141 X. Y. Supp. 83. 

§ 851. People ex rel. Perry v. Gillette (1910), 200 N. Y. 275, rev'g 140 
App. Div. 27, 124 N. Y. Supp. 470; People v. Lee (1911), 70 Misc. 446, 129 
N. Y. Supp. 185; People v. Campisi (1911), 145 App. Div. 264, 129 N. Y. 
Supp. 974; People v. Misiani (1912), 148 App. Div. 797, 133 N. Y. Supp. 291. 

§ 852. People ex rel. Perry v. Gillette (1910), 200 N. Y. 275, rev'g 140 
App. Div. 27, 124 N. Y. Supp. 470; People v. Scheuren (1911), 148 App. 
Div. 324. 

§ 854. Colby v. Bingham (1909), 62 Misc. 396, 400, 116 N. Y. Supp. 705; 
Kliuger v. Ryan (1915), 91 Misc. 71, 153 N. Y. Supp. 937. 

§ 855. People ex rel. Kelly v. Waldo (1914), 161 App. Div. 731, 146 N. Y. 
Supp. 581. 

§ 856. Beal v. Dadirrian (1909), 62 Misc. 125, 115 N. Y. Supp. 196: People 
ex rel. Perry v. Gillette (1911), 200 N. Y. 275, rev'g 140 App. Div. 27, 124 
K. Y. Supp. 470; Guenther v. Ridg>*'ay Co. (1915), 170 App. Div. 725, 156 N. 
Y. Supp. 534. 

§ 357. People ex rel. Perry v. Gillette (1911), 200 N. Y. 275, rev'g 140 App. 



TABLE OF CASES, 1909-1918. xxv 

Div. 27, 124 X. Y, Supp. 470; People v. Wenk (1911), 71 Misc. 368; People 
T. Misiani (1912), 148 App. Div. 797, 133 N. Y. Supp. 291. 

§ 870. City of New York v. New Jersey & S. I. Ferry Co. (1916), 173 App. 
Div. 496, 159 X. Y. Supp. 434. 

§ 880. PiH)ple V. Rouss (1909), 63 MiSc. 135, 143, 118 N. Y. Supp. 433; 
Piople V. Hoyt (1911), 145 App. Div. 695; Caeeioppoli v. Lemmo (1912), 152 
App. Div. 650, 661. 

§ 881. People v. Valentine (1911), 147 App. Div. 31; People v. Carlesi 
(1913), 154 App. Div. 481. 
§ 884. People v. Biddison (1910), 136 App. Div. 525, 121 N. Y. Supp. 129. 
§ 885. People v. Marrin (19^12), 205 N. Y. 275. 

§ 887. :Mann v. Press Publishing Co. (1909), 133 App. Div. 29, 117 N. Y. 
Supp. 779; People v. Rising (1912), 207 N. Y. 195; People v. Cleary (19^16), 
173 App. Div. 259, 159 N. Y. Supp. 253; People v. Baxter (1917), 9S Misc. 552. 
§ 889. People ex rel. Hegenian v. Corrigan (1909), 195 X. Y. 1, rev'g 126 
App. Div. 936; Spilker v. Abrahams (1909), 133 App. Div. 226, 117 X. Y. Supp. 
376; People v. Brown (1910), 141 App. Div. 638, 126 N. Y. Supp. 322; People 
«L rel. Isaacson v. Fallon (1910), 60 Misc. 550, 127 N. Y. Supp. 710; People 
ex rel. Isaacson v. Fallon (1911), 202 N. Y. 456; People v. Fish (1915), 169 
App. Div. 22. 154 N. Y. Supp. 504; People ex rel. Fish v. Smith (1917), 177 
App. Div. 152, 163 N. Y. Supp. 283. 

§ 894. People v. Carlesi (1913), 154 App. Div. 481. 

§ 984. Jeiiner v. Shope (1912), 205 N. Y. 66; Williams v. New York Herald 
Co. U915), 165 App. Div. 529, 150 N. Y. Supp. 838. 

§ 925. Norton v. Wilson (1913), 155 App. Div. 129; People v. Klas (1913), 
79 Mi&c. 452. 

?« 932. People v. RouSs (1909), 63 Misc. 135, 118 N. Y. Supp. 433; People 
V. Rousfl (1909), 64 Misc. 102, 119 N. Y. Supp. 31, 

§ 936a People ex rel. Moore v. Holmes (1912), 151 App. Div. 257, 135 N. Y. 
Supp. 467; People ex rel. Niger v. Van Dell (1914), 85 Misc. 92, 14G N. Y. 
Supp. 992. 

§ 939. Kenny v. Union Railway Co. (1915), 166 App. Div. 497, 152 N. Y. 
Supp. 117; Morgan Munitions S. Co. v. Studebaker Corp. (1917), 100 Misc. 
408, 166 N. Y. Supp. 645. 

§ 940. Norton v. Shields (1916), 174 App. Div. 804, 161 N. Y Supp. 880. 

ji 947. People v. Whitney (1911), 146 App. Div. 98, 99; People v. Feinman 

U912), 77 Misc. 408; People ex rel. Woronoff v. Mallon (1918), 222 N. Y. 

456. 

§ 948. B. P. 0. Elks v. Improved B. P. 0. Elks (1912), 205 N. Y. 459, 464. 

§ 970. People v. Bright (1911), 203 N. Y. 73; People v. Cavanaugh (1913), 
157 App. Div. 224; People v. Weis-s (1913), 158 App. Div. 235. 

§ 973. People ex rel. Verchereau v. Jenkins (1912), 153 App. Div. 512; Peo- 
ple' V. Abebon (19l4), 162 App. Div. 674, 148 N. Y. Supp. 30, aff'd 218 N. Y. 

716. 

§ 975. People ex rel. Woronoff v. Mallon (1918), 222 N. Y. 456. 

§ 986. People ex rel. Jones v. Langan (1909), 132 App. Div. 393, 116 N. Y. 
Supp. 718: People ex rel. Lichen&tein v. I^ngan (1909), 196 N. Y. 260, aff'g 
132 App. Div. 937, 116 N. Y. Supp. 720; PtK)ple v. Albert (1910), 136 App. 



xxvi TABLE OF CASES, 1909-1918. 

Div. 224, 120 N. Y. Supp. 875; People v. Lambrix (1912), 204 N. Y. 261, rev'g 
143 App. Div. 956; People ex rel. Shane v. Gittens (1912), 78 Misc. 7, 137 
N. Y. Supp. 670; People v. Lande (1913), 81 Misc. 256, 143 N. Y. Supp. 156; 
People V. Solomon (1916), 174 App. Div. 144, 160 N. Y. Supp. 942; People v. 
McDonald (1917), 177 App. Div. 806, 165 N. Y. Supp. 41; People v. Wright 
(1917), 100 Misc. 205, 165 N. Y. Supp. 386. 

5 991. PLK)pIe V. McDonald (1917), 177 App. Div. 806, 165 N. Y. Supp. 41. 

§ 993. Benisch v. Mandelbaum (1913), 160 App. Div. 206; Carpenter v. 
B©al-McDonnell & Cb. (1915), 222 Ffd. 453. 

§ 994. Wilkenfeld v. Attic Club (1911), 74 Misc. 543. 

§ 995. Wilkenfeld v. Attic Club (1911), 74 Misc. 543; Benisch v. Mendel- 
baum (1913), 160 App. Div. 206. 

§ 1020. People v. Rosen (1912), 150 App. Div. 595, 135 N. Y. Supp. 1049; 
People V. Rosen (1913), 208 N. Y. 169. 

§ 1022. People v. Mclntyre (1917), 99 Misc. 17. 

§ 1041. People v. Farrara (1910), 199 N. Y. 414, 428. 

§ 1042. People v. Rochester Ry. k Light Co. (1909), 195 N. Y. 102, aflfg 
129 App. Div. 843, 114 N. Y. Supp. 755; People ex rel. Patrick v. Frost. 
(1909), 133 App. Div. 179, 117 N. Y. Supp. 524. 

§ 1044. People v. Giro (1910), 197 N. Y. 152, 157; People v. Schleimaa 
(1910), 197 N. Y. 383, 385; People v. Gilbert, 199 N. Y. 10, 24; People ▼. 
Chiaro (1911), 200 N. Y. 316; People v. Wood (1911), 201 N. Y. 158; People 
V. Barnes (1911), 202 N. Y. 77; People v. Serimarco (1911), 202 N. Y. 225; 
People V. Darrah (1910), 141 App. Div. 408, 126 N. Y. Supp. 522; People v. 
Pisano (1911). 142 App. Div. 524, 127 N. Y. Supp. 204; People v. Falletto 
(1911), 202 N. Y. 494; People v. Schermerhom (1911), 203 N. Y. 57; People 
v. Wolter (1911), 203 N. Y. 484; People v. Giusto (1912), 306 N. Y. 67; 
People V. Lingley (1913), 207 N. Y. 396; People v. Friedman (1912), 205 
N. Y. 161; People v. Patini (1913), 208 N. Y. 176; People v. Harris (1913), 
209 N. Y. 70; People v. Kane (1915), 213 N. Y. 260; People v. Giordano 
(1915), 213 N. Y. 575; People v. Marendi (1915), 213 N. Y. 600; People v. 
Buffom (1915), 214 N. Y. 53; People v. Becker (1915), 215 N. Y. 126; People 
V. Roach (1915), 215 N. Y. 592; People v. Flack (1915), 216 N. Y. 123; 
People V. Spraguo (1916), 217 N. Y. 373; People v. Maestry (1915), 167 App. 
Div. 266, 152 N. Y. Supp. 767; People v. Van Aken (1916), 217 N. Y. 532; 
People V. Tr>bus (1916), 219 N. Y. 18; People v. De Martini (1916), 218 N. 
Y. 561; People v. Shilitano (191G), 218 N. Y. 161; People v. Manganaro 
(1916), 218 N. Y. 9; People v. Soppi (1917), 221 N. Y. 62. 

§ 1046. People v. McGrath (1911), 202 X. Y. 445; People v. Spohr (1912), 
»06 N. Y. 516; People v. Bova (1915). 170 App. Div. 51, 155 N. Y. Supp. 532; 
People V. Sisto (191G), 174 App. App. Div. 532, 161 N. Y. Supp. 108; People v. 
Galbo (1916), 218 N. Y. 283. 

§ 1060. People v. Darrah (1910), 141 App. Div. 408, 126 N. Y. Supp. 522; 
People v. Dillon (1910), 142 App. Div. 64, 126 N. Y. Supp. 674; People v. 
Diamond (1916), 95 Misc. 114, 160 N. Y. Supp. 603. 

§ 1052. People v. Rochester Ry. & Light Co. (1909), 195 N. Y. 102; People 
V. Clemento (1911), 146 App. Div. 109. 

§ 1055. People v. Rosino (1915), 168 App. Div. 920, 152 N. Y. Supp. 623. 



-I 



TABLE OF CAStS, 1909-1918. xxvii 

S liao. People ex rel. Peabody v. Cbanler (1909), 133 App. Div. 159, 117 
y. Y. Supp. 322; Drew v. Thaw (1915), 235 U. S. 432; People v. Schmidt 
11915), 216 N. Y. 324. 

f 1140a. Sociological Research Film Corporation v. City of New York 
(1914), 83 Misc. 605. 

§ 1141, St. Hubert Guild v. Quinn (1909), 64 Misc. 336, 118 N. Y. Supp. 
582; People v. Hayman (1916). 94 Misc. 624, 159 N. Y. Supp. 981; People v. 
BTme 11917), 9^ Mi.sc. 1. 

§ 1142. People V. Byrne (1917), 99 Misc. 1; People v. Sangor (1918), 
!22X. Y. 192; Message Photoplay Co. v. Bell (1917), 179 App. Div. 13, 166 
K. Y. Supp. 338, rev'g 100 Mhc. 267, 167 X. Y. Supp. 129; Ptjople v. Hager 
(1917), 181 App. Div. 153, 168 N. Y. Supp. 183. 

I 1145. People v. Byrne (1917). 99 Miftc 1; People v. Sanger (1918), 222 
X. Y. 192. 

S 1146. People v. Jones (1909), 129 App. Div. 772, 113 N. Y. Supp. 1097; 

People V. Pasquale (1912), 206 N. Y. 598; People ex rel. Gill v. Ward<-n of 

City Prison (1912), 154 App. Div. 256, rev'd 209 N. Y. 590; People v. 

^1 JCiBganaro (1912), 76 Misc. 293, 137 N. Y. Supp. 82; Matter of Farley 

(Jacobs Certificate) (1914), 87 Misc. 25, 149 N. Y. Supp. 307; Green v. 

Altenkirch (1916), 176 App. Div. 320, 162 N. Y. Supp. 447; People ▼. 

Swhardson (1917), 222 N. Y. 103. 

§ 1170. Matter of Jaffe (1914), 164 App. Div. 153. 

S 1171. People V. Schlessel, 196 N. Y. 476, rev'g 127 App. Div. 510, 112 
K. Y. Supp. 45; People v. Schmulowitz (1909), 133 App. Div. 697, 118 N. Y. 
Supp. 183; Strasburger & Co. v. Bonwit (1916), 174 App. Div. 215, 160 N. Y. 
Supp. 1064. 

I lies. People V. Richardson (1909), 64 Misc. 684, 120 N. Y. Supp. 712. 
§ laOO. Strassburger & Co. ▼. Bonwitt (1916), 174 App. Div. 215, 160 N. Y. 
Sapp. 1064. 

§ 120S. People v. Markheim (1914), 83 Miftc. 632; People v. Markheim 
(1914), 162 App. Div. 859, 148 N. Y. Supp. 155, aff'd 213 N. Y 680. 
§ 1220. People v. Gerdvine (1914), 210 N. Y. 184. 
§ 1821. People v. Quimby (19^11), 72 Misc. 421, 131 N. Y. Supp. 349. 
§ 1250. People v. Micelli (1913), 156 App. Div. 756, 142 N. Y. Supp. 102; 
People V. Workman (1916), 94 Misc. 374, 157 N. Y. Supp. 594. 

§ 1271. People ex rel. Williams E. & C. Co. v. Metz (1909), 194 N. Y. 145; 
Gleason v. Hudson Valley Railway Co. (1911), 143 App. Div. 884, 128 N. Y. 
Supp. 759. 

I 1275. People v. Butler (1912), 154 App. Div. 311; People v. Pullman 

(1915), 166 App. Div. 99, 151 N. Y, Supp. 741; Blauner v. Siegel (1914), 85 

Misc. 398, 147 N. Y. Supp. 435; People v. Klinck Packing Co. (1914), 85 

Miic. 463, 148 X. Y. Supp. 940; People v. N. Y. Central & H. R. R. R. Co. 

(1914), 85 Misc. 482, 147 N. Y, Supp. 789; Peope v. Pease & Elliman, Inc. 

(1916), 173 App. Div. 752, 160 X. Y. Supp. 318; People v. Diamond (1916), 

95 31isc. 114, 160 K. Y. Supp. 603; People v. Eberhart (1916), 171 App. Div. 

458, 157 S. Y. Supp. 133. 

} 1276. Cooke v. Maxwell (1916), 174 App. Div. 149, ICO N. Y. Supp. 986. 

§ 1281. People v. Brown (1909), 64 Misc. 677, 120 N. Y. Supp. 859. 



xxviii TABLE OF CJ^SES, 1909-1918. 

§ 1290. People v. Fitzgerald (1909), 195 N. Y. 153, aff'g 130 App. Dii 
124, 114 N. Y. Supp. 476; People v. Geyer (1909), 132 App. Div. 790. IX 
N. Y. Supp. 662; Pwple v. Barry (1909), 132 App. Div. 231, 116 N. Y. Suj^j: 
870; People v. Britton (1909), 134' App. Div. 275, 118 N. Y. Supp. 989 
Poople ex rel. Zotti v." Flynn (1909), 135 App. Div. 276, 120 N. Y. Supp 
511; People v. Kenny (1909), 135 App. Div. 380. 119 X. Y. Supp. 854; 
People v. Mead (1910), 200 N. Y. 15, aff'g 125 App. Div. 7, 109 N. Y. Supp. 
163; People v. Meadows (1910). 136 App. Div. 226, 121 X. Y. Supp. 17, aflTd 
199 X. Y. 1; Greene v. Fankliauser (1910), 137 App. Div. 124. 132, 121 X. Y. 
Supp. 1004; People v. Ghiggeri (1910), 138 App. Div. 807, 123 X. Y. Supp. 
489; Lathrop v. Mathers (1911), 143 App. Div. 376, 128 X. Y. Supp. 492; 
Danzer v. Xathan (1911), 145 App. Div. 448, 452; People v. Cohen (1911), 
148 App. Div. 205; People v. Arnstein (1912), 78 Misc. 18; People v. Cum- 
mins (1912), 153 App. Div. 93, 97; People v. L<Mn (1912). 152 App. Dif. 
376; People v. Katz (1913), 209 X. Y. 311: People v. Bretton (1913), 157 
App. Div. 341; People v. Arnstein (1913), 157 App. Div. 766; People v. Pindar 
(1913), 159 App. Div. 12; People v. Hudson Valley Construction Co. (1915), 
165 App. Div. 626, 151 X. Y. Supp. 314 ; People v. Toland, 165 App. Div. 7W 
(1915), 151 X. Y. Supp. 482; Marcus v. Fidelity & Depart Co. (1914), 164 
App. Div. 859, 150 X. Y. Supp. 1095: People v. Hudson Valley Constructioa 
Co (1916), 217 X. Y. 172 aflf'g, 165 App. Div. 626, 151 X. Y. Supp. 314; 
People V. Scharf (1916), 217 X. Y. 204, rev'g 168 App. Div. 494. 153 X. Y. 
Supp. 1045; Zak v. Simpson (1915), 168 App. Div. 207, 153 X. Y. Supp. 1014; 
People V. Wyckoff (1915), 91 Misc. 101, 154 X. Y. Supp. 269; People v. Smith 
(1916), 219 X. Y. 222; People v. Smith (1916), 172 App. Div. 826, 159 N. Y. 
Supp. 1073, afr*d 219 X. Y. 222; People v. Ostrosky (1916), 95 Misc. 104, 160 
X. Y. Supp. 493; People v. Scudder (1917), 177 App. Div. 225, 163 X. Y 
Supp. 739; People v. Deinhardt (1917), 179 App. Div. 228, 166 X. Y. Supp 
502; People v. Brenneauer (1917), 101 Misc. 156, 166 X. Y. Supp. SOlj 
Dinnebeil v. Ringer (1917), 101 Mifrc. 658, 167 X. Y. Supp. 952. 

§ 1293. People v. Ghiggeri (1910), 138 App. Div. 807, 123 X. Y. Supp. 489^; 
People V. Pindar (1914). 210 X. Y. 191, aff'g 159 App. Div. 12. 

§ 1293b. People v. Aronson (1915), 173 App. Div. 734, 156 X. Y. Supp. 396; 
People ex rel. Woronoff v. Mallon (1918), 222 X. Y. 456. 

§ 1294. Greene v. Fankhauser (1910), 137 App. Div. 124, 132, 121 N. Y 
Supp. 1004; People v. Hudson Valley Construction Co. (1915), 165 App. Div 
626, 151 X. Y. Supp. 314; People v. Scharf (1915), 168 App. Div. 494, 155 
X. Y. Supp. 104:): P(K)ple v. De Villers (1915), 170 App. Div. 690, 156 N. Y 
Supp. 570. 

§ 1296. People v. Uebelmesser (1915), 168 App. Div. 158, 153 N. Y. Supp 
1051; People v. Saitta (1915), 170 App. Div. 665, 156 X. Y. Supp. 675; Pec 
pie V. Cerrato (1916), 99 Misc. 256. 

§ 1298. PiK)ple ex rel. Cosgriff v. Craig (1909), 129 App. Div. 851, 11 
X. Y. Supp. 933, rev*d 195 X. Y. 190; People v. Jones (1911), 142 App. Div 
180, 126 X. Y. Supp. 1085; People v. Streicher (1914), 162 App. Div. ISI, 14 
X. Y. Supp. 277; People ex rel. X. Y. Juvenile Asylum v. Supervisors (1915) 
168 App. Div. 863, 153 X. Y. Supp. 1076; People v. Ostrosky (1916), 95 Mis( 
104, 160 N. Y. Supp. 493. 



Dr 



.*MI--. 



>u:: 



TABLE OF CASES, 1909-1918. xxix 

fim. People ex rel. Cosgriff v. Craig (1909), 195 N. Y. 190, rev'g 129 
App. Div. 831, 114 N. Y. Supp. 833; People ex rel. Borowak v. Hunt (1913), 
157 App. Div. 848. 
f 1900. Mills V. Erie R. R. Co. (1909), 63 Misc. 278, 284. 
flSQS. People v. Shears (1913), 158 App. Div. 57^. 

n308. Pt-ople V. Barry (1909), 132 App. Div. 231, 241, 116 N. Y. Supp. 
870: Poople v. Geycr (1909), 132 App. Div. 790, 794, 117 N. Y. Supp. 662. 
11306. Greene v. Fankhauser (1910), 137 App. Div. 133, 121 N. Y. Supp. 
^"^.f 1W4; Danzer v. Nathan (1911), 145 App. Div. 453; People v. Cummins 
<j.J (W12), 153 App. Div. 93, 107; People v. Barnes (1913), 158 App. Div. 712, 
716: People v. Hudson Valley Construction Co. (1916), 217 N. Y. 172, aff'g 
leSApp. Div. 626, 151 N. Y. Supp. 314; People v. Gordon (1915), 168 App. 
DIt. 479, 153 N. Y. Supp. 1069; People v. Scudder (1917), 177 App. Div. 225, 
163 N. Y. Supp. 73gr. 

f 1107. People v. Meadows (1910), 136 App. Div. 226, 236, 121 N. Y. Supp. 
n.ard 199 N. Y. 1. 

S 1108. People v. Rosenthal (1910), 107 N. Y. 394; Greene v. Fankhauser 
(1910), 137 App. Div. 124, 132, 121 N. Y. Supp 1004; People ex rel. Roden- 
hergr. Warden, etc. (1911), 75 Misc. 77; People v. Pollack (1913), 154 App. 
Div. 716; People ex rel. Rodenberg v. Warden of Penitentiary (1913), 154 
App. Div. 473, rev'g 75 Misc. 77, 132 N. Y. Supp. 577 ; People v. O'Reilly 
(1912), 153 App. Div. 854; Rosenthal v. New York (1912), 226 U. S. 260; 
People V. Willard (1913), 159 App. Div. 19; People v. Nussbaum (1914), 87 
Urn. 269, 150 N. Y. Supp. 605; People v. Marcus (1915), 168 App. Div. 184, 
153 y. Y. Supp. 237; Matter of Cropsey v. Tiernan (1916), 172 App. Div. 435, 
159 X. Y. Supp. W8; People ex rel. Friedman v. Hayes (1916), 172 App. Div. 
442, 158 N. Y. Supp. 949; People v. Kudon C1916), 173 App. Div. 342; 158 
K. Y. Supp. 817; People v. Zimmer (1916), 174 App. Div. 470, 160 N. Y. 
8«pp. 459, aff'd 220 N. Y. 597; People v. Kudon (1916), 173 App. Div. 342, 
IM X". Y. Supp. 817; People v. Minkowitz (1917), 220 N. Y. 399, 405; 
JKuiebeil v. Ringer (1917), 101 Misc. 658, 167 N. Y. Supp. 952. 

{ 1340. People V. Fornaro (1909), 65 Misc. 457; People v. Star Co. (1909), 
135 App. Div. 517, 120 X. Y. Supp. 498; People ex rel. Carvalho v. Warden, 
144 App. Div. 24, 128 N. Y. Supp. 837; People v. Bihler (1913), 154 App. Div. 
<W: People v. Eastman (1915), 89 Misc. 596, 152 N. Y. Supp. 314; People v. 
HebU-rd (1916), 96 Misc. 617, 162 X. Y. Supp. 80. 
§ 2341. People v. Eastman (1915), 89 Misc. 596, 152 X. Y. Supp. 314. 
$ 1343. People v. Star Co. (1909), 135 App. Div. 517, 120 X. Y. Supp. 498; 
Feople ex rel. Carvalho v. Warden, 144 App. Div. 24, 128 X. Y. Supp. 837; 
P«ople V. Hebberd (1916), 96 Misc. 617, 162 X. Y. Supp. 80. 
5 1343. People v. Eastman (1915), 89 Misc. 596, 152 X. Y. Supp. 314. 
J 1344. People ex rel. Carvalho v. Warden, 144 App. Div. 24, 128 X. Y. 
Snpp. 837; People v. Eastman (1915), 89 Misc. 596, 152 X. Y. Supp. 314. 
I 134a. People v. Fornaro (1909), 65 Misc. 457, 119 X"". Y. Supp. 746. 
f 1347. People v. Fornaro, (1909), 65 Misc. 457, 119 X. Y. Supp. 746. 
f 1348. United States v. Press Pub. Co. (1910), 219 U. S. 1. 
f 1358. Aronivici v. Salant (1914), 83 Misc. 621. 



» 



XXX TABLE OF CASES, 1909-1918. 

§ 1370. Carl Co. v. Lcnnon (1914), 86 Misc. 255, 148 N. Y. Supp. 375; SS*. 
Lawrence County v. Goldberg (1916), 175 App. Div. 88, 161 N. Y. Supp. 641. 

§ 1384, Zak v. Simposon (1915), 168 App. Div. 207, 153 N. Y. Supp. 10X4. 

§ 1423. People v. McDonald (1917), 177 App. Div. 806, 165 N. Y. Supp. 4X, 

§ 1425. People v. Wright (ltf09), 133 App. Div. 133, 117 N. Y. Supp. 44 X; 
Pelley v. X. Y. State Railways (1913), 207 N. Y. 342. 

§ 1427. People v. Otis (1910). 137 App. Div. 426, 121 N. Y. Supp. 810. 

§ 1470. People v. Malone (1913), 156 App. Div. 10, 141 N. Y. Supp. 149. 

§ 1530. People v. Transit Development Co. (1909), 131 App. Div. 174, ITS, 
115 N. Y. Supp. 297; Linzey v. American Ice Co. (1909), 13 App. Div. 333, 
115 N. Y. Supp. 767: People v. Eckerson (1909), 133 App. Div. 220, 117 N". 
Y. Supp. 418; People v. Darrah (1910), 141 App. Div. 408, 417, 126 N. Y. 
Supp. 522; People v. Harris (1911), 74 Mi*^c. 353; People v. Biuk (1912). 
151 App. Div. 271, 135 N. Y. Supp. 733; Pt-ople v. Curtis (1912), 152 
App. Div. 372; McNulty v. Ludwig & Co. (19^12), 153 App. Div. 206; People 
v. Kings County Iron Foundry ( 1913), 209 X. Y. 207; People v. Borden's Con- 
densixl Milk Co. (1915), 165 App. Div. 711, 151 X. Y. Supp. 547; People v. 
High Ground Dairy Co. (1915), 166 App. Div. 81, 151 N. Y. Supp. 710; People 
v. International Nickel Co. (1915), 168 App. Div. 245, 153 N. Y. Supp. 295, 
aird 218 N. Y. 614; People v. Martinitis (1915), 168 App. Div. 446, 153 N. Y. 
Supp. 791; Hamlin v. Bender (1915), 92 Misc. 16, 155 N. Y. Supp. 963; People 
V. Weeks (1916), 172 App. Div. 117, 158 N. Y. Supp. 39; People v. Kingston 
(liri7), 177 App. Div. 376, 164 X. Y. Supp. 181. 

§ 1531. People v. Transit Development Co. (1909), 131 App. Div. 174, 178, 
115 N. Y. Supp. 297. 

§ 1532. People v. Weeks (1916), 172 App. Div. 117, 158 X. Y. Supp. 39. 

§ 1562. Salmon v. Xew York Central & H. R. R. R. Co. (1914), 165 App. 
Div. 35, 150 X. Y. Supp. 282. 

§ 1610. PcK)ple ex rel. Cosgriff v. Craig (1909), 129 App. Div. 851, 856, 
114 X. Y. Supp. 833, rev'd 195 X. Y. 190. 

§ 1620. Peoi)le ex rel. Hegeman v. Corrigan (1909), 129 App. Div. 62, 72, 
113 X. Y. Supp. 504, rov'd 195 X. Y. 1; People v. Tillman (1909), 63 Misc. 
461, 118 X. Y. Supp. 442; People v. Teal (1909), 133 App. Div. 35, 117 X. Y. 
Supp. 743; People v. Tillman (1910), 139 App. Div. 572, 124 X. Y, Supp. 44; 
People V. Pi'ck (1911), 146 App. Div. 266; People v. Moris (1913). 155 App. 
Div. 711, 140 X\ Y. Suj.p. 887; Pwplc v. Scharf-stein (1914), 162 App. Div. 
642, 147 X. Y. Supp. 946; People v. Grout (19^14), 85 Misc. 570, 147 X. Y. 
Supp. 591; People v. Morrison (1917), 98 Misc. 555; People v. Grout (1916), 
174 App. Div. 608, 161 X. Y. Supp. 718; People v. Hebberd (1916), 9^6 Misc. 
617, 162 X. Y. Supp. 80; People v. Moy He (1916), 173 App. Div. 396, 159 
X. Y. Supp. 303; People v. Redmond (1917), 179 App. Div. 127, 165 N. Y. 
Supp. 821; People v. Brill (1917), 100 Misc. 92, 165 X. Y. Supp. 65. 

§ 1621. People v. Teal (1908), 133 App. Div. 35, 117 X\ Y. Supp. 743. 

§ 1628. People v. Criscuoli (1914), 164 App. Div. 119. 

§ 1632. People v. Teal (1909), 133 App. Div. 35, 117 X. Y. Supp. 743. 

§ 1633. People v. T<al (1909), 133 App. Div. 35, 117 X. Y. Supp. 743. 

§ 1692. People v. Marks (1912), 75 Misc. 404, 135 X\ Y. Supp. 523. 

§ 1696. People v. Marks (1912), 75 Misc. 404, 135 X. Y. Supp. 523, 



TABLE OF CASES, 1909-1918. xxxi 

§ 1711 People V. McDonald (1917), 177 App. Div. 806, 165 N. Y. Supp. 41. 

§ 1743. Wilson v. Faxon, Williams and Faxon (19t)9), 63 Misc. 561, 573, 
U7 N. Y. Supp. 361. 

§ 1746. People v. Santagata (1909), 130 App. Div. 325, 114 N. Y. Supp. 
321: Prople v. Levy (1912), 77 Misc. 555; People v. Quartararo (1912), 76 
Mi^c. 55, 133 N. Y. Supp. 985; People v. Dcvieo (1915), 170 App. Div. 337, 
i:6X. Y. Supp. 399; PtK)ple v. Donnelly (1916), 173 App. Div. 713, 159 N. Y. 
Supp. 690; PiMjple v. Alex (1915), 171 App. Div. 929, 155, X. Y. Supp. 1130; 
People ex rel. AVoronoff v. Mallon (1918), 222 N. Y. 456: People v. Schwarte 
(1917), 177 App. Div. 4, 163 N. Y. Supp. 821. 

§ 1752. People v. Quartararo (1912), 76 Misc. 55, 133 N. Y. Supp. 985. 

§ 1759. Weeks Thorn P. Co. v. Glenside \V. Mills (1909), 64 Misc. 205, 118 
K Y. Supp. 1027. 

§ 1783. Matter of Osborne (1909), 62 Misc. 575, 580, 117 X. Y. Supp. 169. 

§ 1734. Matter of Osborne (1909), 62 Misc. 575, 581, 117 N. Y. Supp. 169. 

§ 1787. Richards v. Richards (1909), 64 Misc. 285, 119 N. Y. Supp. 81, 

§1822. Matter of Billington (1913), 156 App. Div. 63, 69, 141 N. Y. 
Supp. 16. 

^ 1824. People ex rel. Fried v. Frank (1911), 73 Misc. 1, 130 N. Y. Supp. 

807. 

8 1826. People v. Salomon (1914), 212 N. Y. 446; Hanmer v. W-ells-Fargo 
4 Co. Fjcpre.s3 (1916), 174 App. Div. 724, 160 N. Y. Supp. 651. 

§1837. Matter of Billington (1913), 156 App. Div. 63, 169, 141 N. Y. 
Supp. 16. 

.^ 1841. People ex rel. Weeks v. Piatt (1916), 173 App. Div. 451, 159 N. Y. 

Supp. 920. 

§ 1857. Matter of Osborne (1909), 62 Misc. 575, 581, 117 X. Y. Supp. 169. 

§ 1867. People v. Randolph (1910), 136 App. Div. 662, 21 X. Y. Supp. 431. 

§ 1868. Schenectady 111. Co. v. Suprs. of Sclieneetady (1914), 88 Misc. 226, 

151 X. Y. Supp. 1012; People ex rel. Crowe v. Peck (1914), 88 Misc. 230; 

People ex nl. Schenectady III. Co. v. Bd. Suprs. (1915), 166 App. Div. 758, 

151 X. Y. Supp. 1012. 

§ 1872. People v. O'Brien (1913), 209 X. Y. 366, 373. 

§ 1895. People v. Graffeo (1916), 172 App. Div. 694, 158 N. Y. Supp. 1038. 
§ 1897. People V. Persce (1912), 204 X. Y. 397: People v. Grass (1913), 79 
MifeC. 457; People ex rel. Darling v. Warden of City Prison (1913). 154 App. 
Div. 413: People v. Criscuoli (1913), 157 App. Div. 201; People v. Marendi 
(1915), 213 X. Y'. 600; People v. Criscuoli (1914), 164 Ap. Div. 119; PiH>ple 
V. Sansa (1915), 69 App. Div. 145, 154 X. Y^. Supp. 876; People v. McPherson 
(1917), 220 X. Y. 123; People v. Miles (1916), 173 App. Div. 179, 158 X. Y. 
Supp. 819. 

§ 1898. People ex rel. W'OronofT v. Mallon (1918), 222 X. Y. 436. 
§ 1904. Linzey v. American Ice Co. (1909). 131 App. Div. 333, 115 X. Y. 
Supp. 767. 

§ 1906. Ship V. Friedenberg (1909), 132 App. Div. 782, 117 N. Y'. Supp. 599. 

§ 1930. People v. Arnstein (1913), 157 App. Div. 766; People v. Zayas 

(1916), 217 X. Y. 78, rev'g 168 App. Div. 949, 153 X. Y. Supp. 1135; People 



xxxii TABLE OF CASES, 1909-1918. 

V. International Nickel Co. (1915), 168 App. Div. 245, 153 N. Y. Supp. 2» 
aff'd 218 N. Y. 644. 

§ 1931. People v. Miles (1916), 173 App. Div. 179, 158 N. Y. Supp. 819. 

§ 1935. People ex rel. Cosgriff v. Craig (1909), 29 App. Div. 851, 11 
N. Y. Supp. 833, rev'd 195 N. Y. 190; People v. Miles (1916), 173 App. Di 
179, 158 N. Y. Supp. 819. 

§ 1937. People ex rel. Cosgriff v. Craig (1909), 129 App. Div. 851, 114 N. 
Supp. 833, rev'd 195 N. Y. 190; People v. Hammeretein (1913), 155 App. Div. 
204; PtK)ple v. Lunn (1913), 81 Misc. 476, 479, 143 N. Y. Supp. 401. 

§ 1938. People v. Dwyer (IIHS), 215 N. Y. 46, aff'g 160 App. Div. 542, 145 
N. Y. Supp. 748; People v. Fitzgerald (1917), 101 Mi*c. 695, 168 N. Y. Supp. 
930. 

§ 1989. People ex rel. Drake v. Andrews (1909), 134 App. Div. 32, 38, IIS 
N. Y. Supp. 37. 

§ 1940. People v. Lunn (1913), 81 Misc. 476, 479, 143 N. Y. Supp. 401. 

§ 1941. People ex rel. Cosgriff v. Craig (1909), 195 N. Y. 190, rev'g 129 
App. Div. 851, 114 N. Y. Supp. 833; Peope v. Callahan (1912), 151 App. Div. 
666, 671; People v. Carlesi (1913), 154 App. Div. 481; People ex rel. Murray 
V. Becker (1912), 78 Misc. 666; People v. Rosen (1913), 208 N. Y. 169; People 
ex rel. Goldstein v. Clancy (19^14), 163 App. Div. 614, 148 N. Y. Supp. 977; 
People V. De Bellis (1914), 87 Misc. 459, 150 N. Y. Supp. 1064; Carlesi v. New- 
York (1914), 233 U. S. 51, aff'g People v. Carlesi, 208 N. Y. 547; People f. 
Bergman (1916), 176 App. Div. 318, 162 N. Y. Supp. 443; Matter of Cropsey 
V. Tieman (1916), 172 App. Div. 435, 158 N. Y. Supp. 948; People ex reL 
Friedman v. Hayes (19^16), 172 App. Div. 442, 158 N. Y. Supp. 949; People?. 
Boardman (1916), 172 App. Div. 733, 159 N. Y. Supp. 577. 

§ 1948. People ex rel. Bretton v. Schleth (1910), 68 Misc. 307, 123 N. Y. 
Supp, 686; People v. Bretton (1911), 144 App. Div. 282, 129 N. Y. Supp. 247. 

§ 1983. Wehn v. Interborough Rapid Transit Co. (1909), 132 App. Di?. 
841, 117 N. Y. Supp. 731. 

§ 1990. Ea*t V. Brooklyn H. R. R. Co. (1909), 195 N. Y. 409, rev*g 126 
App. Div. 936; Grimfthaw v. Lake Shore A M. S. Ry Co. (1912), 205 1^. Y. 
371. 

§ 2010. People v. Marks (1911), 146 App. Div. 11; People v. Kline (1912), 
152 App. Div. 438; People v. Thompson (1914), 212 N. Y. 249, 31 N. Y.^Cr. 
R. 520; Boyles v. Blankenhorn (1915), 168 App. Div. 388, 153 N. Y. Supp. 466; 
People V. Gilbert (1916), 96 Misc. 660, 162 N. Y. Supp. 126; People v. Edwards 
(1916), 173 App. Div. 375, 159 N. Y. Supp. 410; Colby v. Thomas (1917), 99 
Misc. 158; People v. Carey (1918), 223 N. Y. — ; People v. Gardner (1917), 
178 App. Div. 947, 165 N. Y. Supp. 1103; Peopk v. Schertz (1917), 181 App. 
Div. 889, 167 N. Y. Supp. 1120; People v. Rea (1917), 100 Misc. 434, 165 N. 
Y. Supp. 835. 

§ 2011. People v. Seaman (1912), 152 App. Div. 495; People v. Edwards 
(1916), 173 App. Div. 375, 159 N. Y. Supp. 410. 

§ 2013. People v. Bills (1909), 129 App. Div. 798, 114 N. Y. Supp. 587; 
People V. Harrison (1909), 63 Misc. 18, 117 N. Y. Supp. 477; People v. Mor- 
mon (1911), 144 App. Div. 280, 129 N. Y. Supp. 1139; People v. Kline (1912), 
152 App. Div. 438; People v. Seaman (1912), 152 App. Div. 495; People ▼. 



Designs (1913), 157 App. Div. 798; People v. Doyle (1913), 158 App. Div. 
37: People v. Shaw (1913), 158 App. Div. 146; People v. Kingsley (1915), 
166 App. Div. 320, 151 N. Y. Supp. 980; People v. Speeks (1916), 173 App. 
DiT.440, 159 N. Y. Supp. 308; People v. Carey (1918), 223 N. Y. — ; People 
T. Simone (1917), 180 App. Div. 555, 167 N. Y. Supp. 678; People v. Rea 
(1917). 100 Misc. 434, 165 N. Y. Supp. 835. 

§ 2052. Matter of Kirkholder (19^16), 171 App. Div. l53, 157 N. Y. Supp. 37. 

SaiSO. People V. Madas (1911), 201 N. Y. 349, 352; People v, Rogers 
(1918), 102 Misc. 437, 170 N. Y. Supp. 86. 

§ 21H. People V. Madas (1911), 201 N. Y. 349, 352; People v. Roof (1910), 
138 App. Div. 634, 122 N. Y. Supp. 677; People v. Travis (1916), 172 App. 
DIt. 959, 15X N. Y. Supp. 577; People v. Bertlini (1916), 218 N. Y. 584; 
People v. Lawson (1917), 178 App. Div. 224, 165 N. Y. Supp. 110; People v. 
trban (1917), 179 App. Div. 446, 166 N. Y. Supp. 345. 

§2140. Fox Amusement Co. v. McClellan (1909), 62 Misc. 100, 104, 114 
N. Y. Supp. 594; Rothe v. Robertson (1909), 64 Misc. 343, 118 N. Y. Supp. 
351; People v. Fuchs (1915), 166 App. Div. 811, 152 N. Y. 445; People 
exrel. Bender v. Joyce (1916), 174 App. Div. 574. 161 N. Y. Supp. 771. 

f 2143. Fox Amusement Co. v. McClellan (1909^), 62 Misc. 100, 105, 114 

1. Y. Supp. 594; Roth v. Robertson (1909), 64 Misc. 343, 118 N. Y. Supp. 
354; Southern Tier Baseball Ass'n v. Day (1910), 69 Misc. 53, 125 N. Y. 
Sapp. 733; McCormick v. Hazard (1912), 77 Misc. 190, 136 N. Y. Supp. 91; 
People V. Lynch (1913), 156 App. Div. 601, 141 N. Y. Supp. 728; People ex 
*I. Briggs V. Owen (1915), 92 Misc. 254, 155 N. Y. Supp. 1003; People v. 
Idler (1916), 174 App. Div. 301, 160 N. Y. Supp. 539. 

$ 2144. Fox Amusement Co. v. McClellan (1909), 62 Misc. 100, 105, 114 
'. Y. Supp. 594; People v. Adler (1916), 174 App. Div. 301, 160 N. Y. Supp. 
)9. 

§ S145. Fox Amusement Co. v. McClellan (1909), 62 Misc. 100, 105, 114 
. Y. Supp. 594; Roth v. Robertson (1909), 64 Misc. 343, 118 N. Y. Supp. 
51; 'Southern Tier Baseball As8*n v. Day (1910). 69 Misc. 53, 125 N. Y. 
iipp. 733; Greater Newburgh Amusement Co. v. Saver (1913), 81 Misc. 307,^ 
12 N. Y. Supp. 69; Klinger v. Ryan (1915), 91 Misc. 71, 153 N. Y. Supp. 
J7; Velodrome Co., Incorporated, v. Stengel (1915), 91 Misc. 580, 155 N. Y. 
iipp. 575; Hamlin v. Bender (1915), 92 Misc. 16, 155 N. Y. Supp. 963; Koelbe 

Woods (1916), 96 Misc. 63, 159 N. Y. Supp. 704; People ex rel. Bender v. 
Dyoe (1916), 174 App. Div. 574, 161 N. Y. Supp. 771. 

§ 2146. McCormick v. Hazard (1912), 77 Misc. 190; People v. Adler (1916), 
r4 App. Div. 301, 160 N. Y. Supp. 539. 

§ 2147. Fox Amusement Co. v. :McClellan (1909), 62 Misc. 100, 105, 114 
. Y. Supp. 594; Silverberg Brothers v. Douglass (1909), 62 Misc. 340, 114 
. Y. Supp. 824; People v. Dunford (1912), 207 N. Y. 17; People v. Friedman 
1913). 157 App. Div. 437. 

§ 2152. Fox Amusement Co. v. McClellan (1909), 62 Misc. 100, 104, 114 
. Y. Supp. 594; City of New York v. Alhambra Theater (1909), 63 Misc. 

2, 118 N. Y. Supp. 471; City of New York v. Alhambra Theater Co. (1910), 
16 App Div. 510, 121 N. Y. Supp. 3; Albera v. Sciaretti (1911), 72 Misc. 
6; People v. Hammerstein (1913), 155 App. Div. 204. 



xxxiv . TABLE OF CASES, 1909-1918. 

§ 2175. People ex rel. Scharff v. Frost (1909^), 135 App. Div. 473, 120 N. 
Supp. 491, aff'd 198 N. Y. 110. 

§ 2176. People v. Buccolieri (1914), 91 Misc. 156, 152 N. Y. Supp. 707. 

§§ 2181-2183. People ex rel. Cosgriff v. Craig (1909), 129 App. Div. 85X, 
114 N. Y'. Supp. 833, rev'd 195 N. Y. 190; People v. Finucan (1912), 151 App. 
Div. 92, 135 N. Y. Supp. 936 ; People ex rel. Rodenberg v. Warden of Peni- 
tentiary (19'13), 154 App. Siv. 473; People v. Hayman (1916), 94 Misc. 624, 
159 N. Y. Supp. 981; People ex rel. Quinn v. Schleth (1917), 180 App Div. 
319, 167 N. Y. Supp. 491. 

§ 2186. People ex rel. Bedell v. Foster (1909), 132 App. Div. 116, 116 N. Y. 
Supp. 530; People v. Pollack (1913), 154 App. Div. 716; People v. Gardner 
(1912), 78 Misc. 514; People v. Kaminsky (1913), 208 N. Y. 389, afT'g 137 
App. Div. 941; People v. De Bellis (1914), 87 Misc. 459, 150 X. t. Supp. 1064. 

§ 2188. People v. Brown (1912), 153 App. Div. 234; People ex rel. Pasco 
V. Trombly (1916), 173 App. Div. 497, 160 N. Y. Supp. 67; People v. Boehm 
(1917), 176 App. Div. 401; People ex rel. Hirschberg v. Secger (1917), 17flf 
App. Div. 792, 166 N. Y. Supp. 913. 

§ 2189. People ex rel. Bedell v. Foster (1909), 132 App. Div. 116, 116 . 
N. Y. Supp. 530; People v. Rosen (1912), 150 App. Div. 595, 135 K. Y. Supp. 
1049; People ex rel. Murray v. Becker (1912), 78 Misc. 666; People v. Berg- 
man (1916), 176 App. Div. 318, 162 N. Y. Supp. 443; People v. Simon (1917), 
178 App. Div. 660, 165 N. Y. Supp. 829; People v. Urban (1917), 179 App. 
Div. 446, 166 N. Y. Supp. 345. 

§ 2193. People ex rel. Swann v. Osborne (1916), 96 Misc. 497, 160 N. Y. 
Supp. 759. 

§ 2196. People v. Finucan (1912), 151 App. Div. 92, 135 N. Y. Supp. 936. 

§§ 2210-2220. Danahy v. Kellogg (1910), 70 Misc. 25, 126 N. Y. Supp. 444. 

§ 2213. Darcy v. Pre-sbj-terian Hospital (1911), 202 N. Y. 259; Hassard 
V. Lehane (1911), 143 App. Div. 424, 128 N. Y. Supp. 161; Newman v. 
SU'wart (1911), 71 Misc. 1, 127 X. Y. Supp. 866; Hassard v. Lehane (1912), - 
150 App. Div. 685, 135 N. Y. Supp. 711. 

§ 2214. Hasselbach v. Mount Sinai Hospital (1916), 173 App. Div. 89, 159 
N. Y. Supp. 376. 

§ 2350. Miller v. Steinfeld (1916), 174 App. Div. 337, 160 N. Y. Supp. 800. 

§ 2354. People v. Luhrs (1909), 195 N. Y. 377, aflf'g 127 App. Div. 634, 
111 N. Y. Supp. 749; B. V. D. Co. v. Kommel (1912), 200 Fed. 559; People v. 
Bruno (1914), 164 App. Div. 32; People v. Goldstein (1916), 175 App. Div. 
503, 160 N. Y. Supp. 1140. 

§ 2400. People v. Schultz (1912), 149 App. Div. 844, 134 N. Y. Supp. 293, 
aff'd 206 N. Y. 3. 

§ 2411. People v. Goldberg (1911), 146 App. Div. 950; People v. Shefield, 
etc., Co. (1912), 206 N. Y. 79; City of New York v. Sulzberger & Sons Co. 
(1913), 80 Misc. 660, 141 N. Y. Supp. 876. 

§ 2440. People v. Kathan (1910), 136 App. Div. 303, 120 N. Y. Supp. 1096; 
People V. Maynard (1912), 151 App. Div. 790, 137 N. Y. Supp. 19; People v. 
Van Zile (1913), 159 App. Div. 61; People v. Smith (1916), 172 App. DiT. 
826, 159 N. Y. Supp. 1073, aff'd 219 N. Y. 222 



iAi$L±i u± OAttiitt, lyuy-iyib. xxxv 

^ S444. People v. Cardillo (1912), 207 N. Y. 70; People v. Stein (1916), 96 
Misc. 507, 161 N. Y. Supp. 1107. 

§8460. People v. Moore (1911), 142 App. Div. 402, 127 N. Y. Supp. 98; 
People V. Fegelli (1914), 163 App. Div. 576, 148 N. Y. Supp. 979; People v. 
Driper (19i:i), 169 App. Div. 479. 154 N. Y. Supp. 1034. 

|l 2500. City of New York v. Alhambra Theater Co. (1910), 136 App. Div. 
509, 512, 121 N". Y. Supp. 3; People v. Dwyer (1W5), 215 N. Y. 46, aff'g 160 
ipp. Div. 542, 145 N. Y. Supp. 748. 

}i2501. People ex rel. Cosgriflf v. Craig (1909), 129 App, Div. 851, lU 
y Y. Supp. 833, rev'd 195 N. Y, 190. 



PART I 

PENAL LAW 




I^ATW 






LAWS 1909. CHAPTER 88. 

With ai-l Amendments Passed by the Leoislatitrb to the 

End of the Regular Session of 1918. 



AN ACT providing for the Punishment of Crime, con- 
stitating Chapter Forty of the Consolidated Laws. 

The People of the State of New York, represented in Senate 
and Assembly, do enact as follows: 

Cliapter 40 of tbe Consolidated Lairs. 

PENAL LAW. 

AXTXCix 1. Short title and definitions (S§ IS). 

2. General provisions ($$ 20-43). 

4. Abduction (99 70, 71). 

6. Abortion (99 80-82). 

8. Adultery (99 100-103). 
10. Advertising (99 120, 121). 
12. Agents (99 140-143). 
14. Anarchy (99 160-166). 
16. Animals (99 180196). 
18. Arson (99 220-227 >. 
20. Assault (99 24Q-246). 
22. Attempt to commit crime (}9 260-262). 
24. Attorneys (99 270-280). 
26. Banking (99 20O.;tn4). 
28. Barratry (99 320-323). 
30. Bigamy (99 340-343). 

32. Bills of lading, receipts and vouchers (99 360-367). 
34. Bribery and corruption (99 370-381). 
36. Bucket shops (99 '"^o.9<)5) 
38. Barglary (99 400-408). 
40. Bnslnsii and trade (99 420-444). 



/ 



ARTICLES 

ktmcLK 42. Canals (gg 46C 406). 

., \L fbiWrBn (gS 4B0.4»;i). I . 

jj" «. Cii^l rights (^ 510-516), J /■ 

48. Cnprcion (S§ 530-53:)). 

50. ComiQUuiPaii'Ju(SS55i)-558>^ . 

52. Coiiipoandiiig crirai>(JS'STO, 671:, 

54. Con»piracr (;;§ 51*0-688). 

5B. <>.ini!inpt fl( *r>i,rt (SS BOCWfWa). ' " ■ 

58. CurvkiiuD (S 610). 

BO. <'nlivict tr.gde no..ds (4j 620). 

63. Convlclri (SS 640-044). • - 

64. Ltirpi^intK.ii^ (SS «Ut)-6Ce). 

60. Crime againBt nuture'lfS 01)0, dii}. 

68. Disguiu's (SE 710-713). 

70. Disorderly conduct (SS 720, T21J, 

72. Dueling (!{ 730-737). . . 

74. Elective finnctiise Hi 750-732), 
.76..&viileiiee (ES 8L0-61T). 

78. Exliil'itTons |fS 83'I-8J( ) . 

60. Extortion and threata ( tS 850-K6U 

62. Ferries (SG 870, 871). 

84. Forgeiy (H 8SO-B05). 

86. Fruuds and cheats iH 930-»Sr). 

88. Gambling (}} 970-n9T). 

00. Habitual criminals (SS 1U-2I)-I022). 

83. Hazibg H-lom. 

94. Humicidc 55 10401055). 

96. Hor8« racing ( SS 1080-108)2). . 

08. HuBband and wife (SS 1090, lOK). 

100. Ice (S 1100). 

102. Incest (S HIO). 

104. Incompetent persons (SS 112U-1122), 

106. Indecency (SS 11401147). 

108. Indiana (SS 1160. II6I). 

no. Insolvency (SS 1170-1173). 
' (SS 11911-1203). 
I (SS 1-220. 1221). 
jurors (SS 1230-1237). 

'118. Kidnappinp (SS 1250-1256). 

120. Labor ( SS 1270-1278}. 

'-^22. Larceny (SS 1290-1310). 

124. Legialnture (15 1320-1331). 

126. Libel CS 134013521. 

128. LojiS (S 1360). 

130. Lotteries (SS 1370-1386). 

132. Maimiag OS 1400-1404). 

134. Mslicious mischief (SS 1420-1486). 

136. Marriage* (S USO). 



ARTICLES 



140. Meetings (§§ 1470-1472). 
142. MilitiT'' (§§ 1480-14'i7,. 
144. Navigation (5§ 1500-1500). 
-146. Negotiable instruments (§$ 1520, 1521). 
148. Nuisances (9§ 15301533). 
150. Oysters (§§ 1550, 1551). 
152. Passage tickets (§§ 1560-1571). 
154. Pawnbrokers (§{ 1590-1592). 
15tJ. Peddlers (§ 1610). 

158. Perjury and subornation of perjury ($$ 1620-1034|. 
160. Poor persons (§1650). • 

162. Prisoners (§§ 1690-1693). 
164. Prize-fighting an.l sparrincr (}§ 1710-1716), 
166. Public health (§§ 1740-1763). 
168. Public justice (§5 1780-1792). 
170. Public offices and officers (§§ 1820-1876). 
172. Public safety (§§ 1890-1913). 
174. Punishment (§§ 1930-1042). 
176. Quarantine (§§ 1960-1964). 
178. Railroads (9§ 1980-1991). 
180. Rape {§§ 2010-2013). 
182. Real property (§§ 2030-2039). 
184. Records and documents (§§ 2050, 2051). 
186. Religion (§§ 2070-2073). 

188. Riots and unlawful assemblies (S§ 2090-2007)* 
190. Robbery (§§ 2120-2129). 
192. Sabbath (§§ 2140-2153). 

194. Salt works (§ 2170). 

195. Seduction (§S 2175-2177). 

196. Sentence (SS 2180-2198). 
198. Sepulture (§§ 2210-2220). 
200. Societies and orders (§ 2240), 
202. Suicide (§§ 2300-2306). 

204. Ta.\e8 (§5 2320, 2321). 
206. Trade-marks (§§ 2350-2857). 
208. Trading stamps (§{ 2360, 2361). 
210. Tramps (§5 2370-2372). 
212. Treason (§§ 1380-2383). 
214. Usury (5 2400). 

216. Weights and measures (§§ 2410-2417). 
218. Witne-8 (§5 2440-2445). 
220. Women (§5 2460, 2461). 
222. Wrecks (§§ 2480-2482). 

224. Repeal of provisions of penal law must be explicit; laws 
repealed; time of taking effect (S9 2500-2502). 



8 



§§ 1-2] SHORT TITLE AND DEFINITIONS [Art 1 

ARTICLE 1. 

SHORT TITLE AND J> JBl ' lJ l lTI OH», 

Sbction 1. Short title. 

2. Definitions. 

3. Construction of terms. 

§ 1. Short title. 

This chapter shall be known as " PenaJ Law." 

Derivation: Penal Code, § 1. See § 20, post. 

§ 2. Definitions. 

Crima A '* crime *' isi an act or omission forbidden by law, 
and punishable upon conviction by: 

1. Death; or, 

2. Imprisonment ; or, ' 

3. Fine; or, 

4. Removal from office; or, 

5. Disqualification to hold any office of trust, honor or profit 
under the state ; or, 

6. Other penLl discipline. 
Division of crima. A crime is: 

1. A felony; or, 

2. A misdemeanor. 

Felony. A " felony " is a crime which is or may be punishable 
by: 

1. Death; or, 

2. Imprisonment in a state prison. 
Misdemeanor. Anv other crime is a " misdemeanor." 
Principal. A person concerned in the commission of a crime, 

whether he directly commits the act constituting the offense or 
aids and al>cts in its commission, and whether present or absent, 
and a person who dinetly or indirectly counsels, commands, in- 
duces or j)rocures another to commit a crime, is a " principal." 

Accessory. A persion who, after the commission of a felony, 
harbors, conceals, or aids the olfender, with intent that he may 
avoid or escape from arrest, trial, conviction, or punishment, hav- 
ing knowledge or reasonable ground to believe that such offender 
is liable to arrest, has been arrested, is indicted or convicted, or 
has committed a felony, is an " accessory " to the felony. 

4 



Attempt to commit a crime. An act, done with intent to com- 
mit a crime, and tending but failing to effect its commission, it 
"an attempt to commit- that crime." 

Derivation: Penal Code, §§ 3-6, 29, 30, 34. 



J.— McCord V. People (1871), 46 N. Y. 470, 473; People v. AduM 
(1879), 16 Hun, 549; People ex rel. Hislop v. Cowles (1879), 16 Hun, 677, 
aff'd 77 N. Y. 331; People v. Burton (1883), 1 N. Y. Cr. 297, 16 W. Dig. 195; 
People V. Hale (1883), 1 N. Y. Cr. 533; People v. Parr (1886), 42 Hun, 313; 
People ex rel. Kopp v. French (1886), 102 N. Y. 583; s. c, 4 N. Y. Cr. 447, 
aff'g id. 300; 8. c, 39 Hun, 507; Darrow v. Family Fund Society (1886), 42 
Hun, 247, 116 N. Y. 537, 542; People v. West (1887), 106 N. Y. 293, 296, 
aflTg 44 Hun, 162; People v. Barber (1888), 48 Hun, 198; People v. Gillson 
(1888), 109 N. Y. 389, 406; Lawton v. Steele (1890), 119 N. Y. 233, 16 Am. 
St. Rep. 813, aff'g 5 N. Y. Supp. 953; People v. Most (1891), 128 N. Y. 108, 
8 N. Y. Cr. 278; People v. Meakim (1892), 133 N. Y. 214, 8 N. Y. Cr. 404, 
afiTg 61 Hun, 327, 8 N. Y. Cr. 308; People v. Phyfe (1892), 136 N. Y. 554, 
rev^g 48 N. Y. S. R. 350; Hewitt v. Newburger (1894), 141 N. Y. 538, rev'g 

66 Hun, 230; People v. S.one (1895), 85 Hun, 130; People v. Girard (1895), 
145 N. Y. 105, aff'g 73 Hun, 457; People ex rel. Shortell v. Markell (1897), 
20 Misc. 149, 12 N. Y. Cr. 312; People ex rel. Stevenson Co. v. Lyman (1902), 

67 App. Div. 446, 73 N. Y. Supp. 987; Mairs v. Baltimore, etc., R. Co. (1902), 
73 App. Div. 273, 76 N. Y. Supp. 838; People ex rel. Allen v. Hagan (1902), 
170 N. Y. 46, 16 N. Y. Cr. 313; People v. Martin (1902), 175 N. Y. 315, aff'g 
77 App. Div. 396, 79 N. Y. Supp. 340, which reversed 38 Misc. 67, 76 N. Y. Supp. 
953; People v. Abeel (1904), 45 Misc. 80, 92 X. Y. Supp. 699; see alsj People 
V. Smith, 6 Cow. 258; Pef^ple v. Hays, 1 Hill, 551; People v. Reed, 47 Barb. 
235; Hamilton v. People, 57 Barb. 625; Morris v. People, 3 Denio, 3S1; Mayor 
V. Eisler, 2 Civ. Proc. 125; Mogul Steamship Co. v. McGregor, 23 Q. B. Div. 
606; Com. v. Weiss, 139 Pa. St. 247, 23 Am. St. Rep. 182; Matter of Wilson, 
114 U. S. 417; United States v. Wynn, 9 Fed. 886; 2 Abb. Nat. Dig. 222. 

DiTision of Crimes. — Mairs v. Baltimore, etc., R. Co. (1902), 73 App. Dir. 
273, 76 N. Y. Supp. 838; People ex rel. Smith v. Van De Carr (1903), 86 
App. Div. 10, 83 N. Y. Supp. 245, 17 N. Y. Cr. 455. 

Peloiiy.--People v. Park (1869), 41 N. Y. 21, aff'g 1 Lans. 263; Peopl? v. 

Cole (1883), 2 N. Y. Cr. 108; Bork v. People (1883), 91 N. Y. 5, aff'g 26 Hua, 

670, 1 N. Y. Cr. 368; People v. Lyon (1885), 99 N. Y. 210, 3 N. Y. Cr. 166, 

rcv'g 33 Hun, 623, 1 N. Y. Cr. 400, 2 N. Y. Cr. 484; People v. Richards (1887), 

5 N. Y. Cr. 365, 44 Hun, 283; People v. Johnson (1887), 46 Hun, 670; People 

▼. Johnson (1888), 110 N. Y. 141; Benedict v. Williams (1888), 48 Hun, 128; 

People v. Hughes (1893), 137 N. Y. 30, aff'g 46 N. Y. S. R. 413; People T. 

C&rter (1895), 88 Hun, 304, 11 N. Y. Cr. 25; People v. Cornyn (1901), 36 

Miae. 136, 72 N. Y. Supp. 1088, 16 N. Y. Cr. 102; Mairs v. Bait. & Ohio R. B. 

Co. (1902), 73 App. Div. 273, 76 N. Y. Supp. 838; People ex rel. Smith v. 

Van De Carr (1903), 86 App. Div. 10, 83 N. Y. Supp. 205, 17 N. Y. Cr. 466; 

People V. Stacy (1907), 119 App. Div. 747, 104 N. Y. Supp. 616, 21 N. Y. 

Cr. 216; People ex rel. Cosgriff v. Craig (1908), 60 Misc. 631; see also People 

T. Borges, 6 Al>b. Pr. 132; People v. Van Steenburgh, 1 Park. 39; Crenth»W 

V. People, 17 Am. Dec. 791-796 (note). 

s 



§ 2] SHORT TITLE AND DEFINITIONS [Art. 1 

Ififldemea&or. — Ppople v. Finn (1881), 26 Hvn. 6S, 60; Peopdc v. Faber 
<1883), 92 N. Y. 149, 44 Am. Rep. 357, rev'g 29 Hun, 320: People v. Lyon 
(1883), 99 N. Y. 219, 1 N. Y. Cr. 400; People v. Cooper (1884), 3 N. Y. Cr. 
117; People v. Sweeney (1886), 41 Hun, 340; People v. Richards (1887), 5 N. 
Y. Cr. 355, 44 Hun, 278; People v. Upson (1894). 79 Hun, 87; People v. Car- 
ter (1895), 88 Hun, 305, 11 N. Y. Cr. 25; People v. Markell (1897), 20 Misc. 
149; People ex rel. Frank v. The Keeper, etc. (1902), 38 Misc. 238, 77 N. Y. 
8upp.-145, aff'd 80 App. Div. 448, 80 N. Y. Supp. 872; Mairs v. Bait. & Ohio 
R. R. Co. (1902), 73 App. Div. 273, 76 N. Y. Supp. 838; People ex rel. Smith 
V. Van De Carr (1903), 86 App. Div. 10, 83 N. Y. Supp. 245, 17 N. Y. Cr. 465; 
People V. Stacy (1907), 119 App. Div. 748, 104 N. Y. Supp. 615, 21 N. Y. Cr. 
215; see also Poopli* v. Hovey, 5 Barb. 117; People v. Bogart. 3 Abb. Pr. 193. 

Pplnclpal.— McCarney v. People (1880), 83 N. Y. 413; People v. Ryland 
(1884), 97 N. Y. 126; People v. Basaford (1885), 3 N. Y. Cr. 219. 223; 
People V. Fitzgerald (1887), 105 N. Y. 146, 5 N. Y. Cr. 335, 6 N. Y. St. 32. 
rev'g 43 Hun, 36, 6 N. Y. St. 599 ; People v. Sharp ( 1887 ) , 107 X. Y. 427, 12 N. 
Y. State Rep. 217, rev*g 45 Hun. 460, 10 N. Y. State Rep. 522; People v. Batt.r- 
aon (1888), 50 Hun, 44, 5 N. Y. Cr. 176; People v. Brien (1889), 63 Hun. 
496, 26 N. Y. St. 239, 7 N. Y. Cr. 166; Leonard v. Poole (1889), 114 N. Y. 
371, aff'g 55 N. Y. Super. 213; People v. Bliven (1880), 112 N. Y. 82, 20 N. 
Y. St. 487; People v. Kief (1890), 58 Hun, 337, 34 N. Y. St. 533, aff'd 126 
N. Y. 663, 37 N. Y. St. 479; People v. Phelps (1891). 61 Hun, 116, 39 N. Y. 
St. 599; People v. O'Counell (1891), 60 Hun, 109, 38 N. Y. St. 109; Peopio 
V. Cotto (1892), 131 N. Y. 579; People v. Bosevorth (1892), 64 Hun, 72; 
People V. McKane (1894), 143 N. Y. 455, alFg 80 Hun, 323; People v. Scoring 
(1895), 14 Mi.sc. 31; Anderson v. Schlesinger (1896), 16 Mis*^. 535; S' a;l v. 
Security Mut. L. Assn. (1896), 11 App. Div. 487; People v. McLaughlin 
(1^96), 150 N. Y. 365; People v. Kelly (1806), 11 App. Div. 495, 153 N. Y. 
651; People v. Peckens (1807), 153 N. Y. 576, 12 N. Y. Cr. 433; People v. 
Knatt (1898), 156 N. Y. 305; People v. Stock (1898), 26 App. Div. 564; 
People V. Fitzgerald (1898), 156 N. Y. 257, 13 N. Y. ( r. 36, rev'g 20 App. 
Div. 139; People v. Rivello (1899), 39 App. Div. 454, 14 X. Y. Cr. 49; Mar- 
den v. Dorthy (1899), 160 X. Y. 50, aff'g 12 App. Div. 188; People v. Field- 
ing 1899), 36 App. Div. 401; People v. Dilcher (1902), 38 Misc. 91, 
77 N. Y. Supp. 108, 16 X. Y. Cr. 548; People v. Martin (1002). 
77 App. Div, 396, 79 X. Y. Supp. 340, 17 X. Y. Cr. 150; People 
v. Mills (1903), 41 Mi.sc. 195, 83 X. Y. Supp. 94; People v. 
Kent (1903), 41 Misc. 193, 83 X. Y. Supp. 94S, 17 X. Y. Cr. 461; 
People v. I^groppo (1904), 90 App. Div. 220, S6 X. Y. Supp. 116, 18 N. Y. 
Cr. 87; People v. Mills (1004), 178 X. Y. 274, 18 X. Y. Cr. 285, aff'g 91 
App. Div. 331, 86 X. Y. Supp. 529; People v. Putnam (1904). 90 App. Div. 
127, 85 X. Y. Supp. 1056, 18 X. Y. ( r. 105: People v. Coibalia (1904), 178 
N. Y. 523; People v. Canepi (1904), 93 App. Div. 380, 87 X, Y. Supp. 773, 
18 N. Y. Cr. 344 ; People v. Schiavi. ( 1904 ) , 96 App. Div. 4S3, 89 X. Y. Supp. 
664, 18 X. Y. Cr. 469; People v. Du Veau (1905), 105 App. Div. 381, 94 N. 
Y. Supp. 226, 19 X. Y. Cr. 268; People v. Patrick (1905), 182 N. Y. 141; 
People «x rel. Stearns v. Marr (1905), 181 X. Y. 468; People v. Summerfield 
(i906), 48 Misc. 242, 96 X. Y. Supp. 602, 19 X. Y. Cr. 508; People v. Kellogg 
(1906), 106 App. Div. 605, 94 X. Y. Supp. 6l7.; Teople ex rel. Pcrkini v. 

6 



Art. IJ SllUKI a ILK AJN D DEi?lJ\iT10NS [§ 3 

Moss a»07), 187 N. Y. 420, 50 Misc. 198. 20 X. Y. Cr. 579 j People t. 
Jacques (1907), 54 Mfsc. 8, 105 N. Y. Supp. 387; People f. Acritelli (1908), 
67 Mise. 574; People t. Taylor (1908), 192 N. Y. 402; see also People t. 
Wyley, 48 N. Y. St. 500, 20 N. Y. Supp. 446; People v. McElroy, 37 N. Y. St 
660; People y. Hall, 57 How. Pr. 342. 

Acceaaory.— People v. Dunn (1889), 53 Hun, 381, 25 N. Y. St. 460, 7 N. 
Y. Cr. 173. 6 N. Y. Supp. 805; People v. Pedro (1807), 19 Misc. 303, 12 N'. 
Y, Cr. 409; Dever v. Hagerty (1899), 43 App. Div. 354, revM 169 N. Y. 
481. 

Attempt to Commit Crime. — Darrow v. Family. Fund Society (1886), 42 
Hun, 245, aff'd 116 N. Y. 542; People v. Johnson (1887), 46 Hun. 667, 7 
N. Y. Cr. 398, aff'd IJO N. Y. 141; People v. Moran (1889), 123 N. Y. 254, 
8 N. Y. Cr. 106. 33 N. Y. St. 398, rev'g 54 Hun, 279, 27 N. Y. St. 20, 7 N. Y. 
Cr 336; People v. Gardner (1894), 144 N. Y. 124, 125, modTg 73 Hiin, 66^, 
People V. Spdla8co-(1900), 33 Misc. 22, 15 N. Y. Or. 184, 101 N. Y. St. 114; 
People V. Kane (1900), 161 N. Y. 380, 14 N. Y. Cr. 303: People v. Moaier 
( 1902), 73 App. Div. 9» 76 N. Y. Supp. 65, 16 N. Y. Cr. 545; People v. Mills 
(1904), 178 N. Y. 284, 18 N. Y. Cr. 292; People y. Du Veau (1905), 106 
App. Div. 381, 94 N. Y. Supp. 226, 17 N. Y. Cr. 268; People v. Conrad (1905), 
182 N. Y. 529, 19 N. Y. Cr. 263, aff*g 102 App. Div. 566, 92 N. Y. Supp. 606; 
People V. Jaffe (1906), 185 N. Y. 503, 19 N. Y. Cr. 293, rev*g 112 App. Div. 
619, 9a N. Y. Supp. 486; see also McDermott v. People, 5 Park, 102; Mulligan 
V. People, 6 Park, 105; United States v. Stephens, 8 Sawy. 116; People v. 
Stilea, 75 Cal. 570; State v. Gray, 19 Nev. 212; Cox v. People, 82 III. 191; 
SUbler v. Com., 95 Penn. St. 318, 40 Am. Rep. 653, 17 Cent. L. J. 404, 22 
Alb. L. J. 448; Lamb v. State, 67 Md. 524; People v. Lawton, 56 Barb. 126; 
Reg. v. Brown, 24 Q. B. Div. 367; Com. v. McDonald, 5 Cush. 365; People v. 
Jones, 46 Mich. 441 ; Rogers v. Com., 5 S. A R. 462; Sate v. Wilson, 30 Onn. 
500; Kunkle v. State, 32 Ind. 520; Hamilton v. State, 36 Ind. 280; State v. 
Beal, 37 Ohio St. 108, 41 Am. Rep. 490; People v. Bush, 4 Hill, 134; Reg. v. 
Banks', 12 Cox Cr. Cas. 393, 5 Eng. Rep. 471; Lamb v. SUte, 67 Md. 524; 
Whitesidea v. SUte, 11 Lea (Tenn.), 474. 

§ 3. Construction of terms. 

In construing this chapter or an indictment or other pleading 
in a case provided for by this chapter, the following rules must 
be observed, except when a contrary intent is plainly declared in 
the provision to be construed, or plainly apparent from the con- 
text thereof: 

1. Each of the terms " neglect," " negligence," " negligent," 
and " negligently," imports a want of such attention to the nature 
or probable consequences of the act or omission as a prudent man 
ordinarily bestows in acting in his own concerns; 

2. Each of the terms " corrupt " and " oomiptly " imports a 
wr(»gful desire to acquire, or oause some pecuniary or other ad- 
vantage to or by tlie person guilty of the act or omission referred 
to or Bome other person ; 



S 3] SHORT TITLE AND DEFINITIONS [Art. 1 

3. Each of the terms " malice " and " maliciously " imports an 
evil intent or wish or design to vex, annoy or injure another per^ 
son, or to maltreat or injure an animal ; 

4. The term " knowingly " imports a knowledge that the facta 
exist which constitute the act or omission a crime, and does not 
require knowledge of the unlawfulness of the act or omission; 

5. Where an intent to defraud constitutes a part of a crime, it 
is not necessary to aver or prove an intent to defraud any par^ 
ticular person ; 

6. The term " vessel " includes shii>s, steamers, canal boats, 
and every boat or structure adapted to navigation or movement 
from place to place by water, either upon the ocean, lakes, rivers, 
or artificial water ways; 

7. The term " signature " includes any memorandum, mark or 
sign, written with intent to authenticate any instrument or writ- 
ing, or the subscription of any person thereto; 

8. The term " writing '* includes both printing and writing; 

9. The terms " reputed house of prostitution or assignation," 
" house of prostitution," " house of ill-fame or assignation," 
" disorderly house," include all premises which by common fame 
or report are used for purposes of prostitution or assignation. 

Derivation: Penal Code, § 718, as amended L. 1882, ch. 384; subd. 
added as subd. 16, L. 1886, ch. 31, § 7. 

Rosenplaenter v. Roeasle (1873), 54 N. Y. 262, 268; People v. Buddensieck 
(1886), 103 N. Y. 487, 1 N. Y. St. Rep. 450, 4 N. Y. Cr. Rep. 266; Moebus v. 
Hermann (1888), 108 N. Y. 349, 13 N. Y. St. 648, aff'g 38 Hun, 370; Sherman 
T. Transportation Co., 62 Barb. 150; New York Guaranty Co. v. Gleason, 53 
How. Pr. 125; Anderson v. How (1889), 116 N. Y. 341, 26 N. Y. State Rep. 
790; People v. Stark (1891), 59 Hun, 51, 57, 35 N. Y. St. Rep. 154, 12 N. Y. 
Supp. 691; People v. Camp (1893), 66 Hun, 531, 51 N. Y. St. Rep. 34, 20 
N. Y. Supp. 744; People v. Luhrs (1908), 127 App. Div. 636; People v. 
Acritelli (1908), 57 Misc. 574, 110 N. Y. Supp. 430; People v. D'Argencour 
(1884), 95 N. Y. 624, 2 N. Y. Cr. 267, aff'g 32 Hun, 178; People v. Martin 
(1885), 36 Hun, 462, 3 N. Y. Cr. 122, rev'g 2 N. Y. Cr. 52; People v. Hege- 
man (1907), 57 Misc. 295, 107 N. Y. Supp. 261; Waish v. N. Y. Dock Co. 
(1879), 77 N. Y. 448, aff'g 8 Daly, 387; Tinken v. Stillwagon, 1 City Ct 
Rep. 390; Crawford v. Collins, 45 Barb. 269, 30 How. Pr. 398; People v. 
Herlihy (1901), 66 App. Div. 534, 73 N. Y. Supp. 236, rev'g 35 Misc. 719, 
72 N. Y. Supp. 389; People v. Hart (1906), 115 App. Div. 896, 101 N. Y. 
Supp. 11S7; People v. Hatter,. 22 N. Y. Supp. 691. 



a 



Alt 2] GENERAL PROVISIONS [§ 30 



ARTICLE 2. 

GlQf ERAL PROVISIOKS. 

IMTIDN 80. Objects of penal law. 

21. General rules of construction of this chapter. 

22. Effect of chapter. 

23. Civil rights and remedies not affected. 

24. Civil remedies preserved. 

25. Ambassadors and foreign ministers excepted from punishment. 

26. Principal and accessory. 

27. All principals in misdemeanors. 

28. Acts punishable under foreign law. 

29. ^'iolation of statute which imposes no penalty is a misdemeanor. 

30. Jury to find the degree of a crime. 

31. Conviction must precede punishment. 

32. Acquittal or conviction bars indictment for another degree. 

33. Foreign conviction or acquittal a defense. 
84. Morbid criminal propensity no defense. 

35. Omission to perform act not punishable if act is performed bj 

another. 

36. Limit of fine where statute does not specify amount. 

37. Proceedings to impeach preserved. 

38. Application of this chapter to prior offenses. 
89. Military punishments preserved. 

40. Certain statutes continued in force. 

41. Manner of prosecution and conviction. 

42. Rule when act done in defense of self or another. 

43. Penalty for acts for which no punishment is expressly prescribed. 

§ 20. Objects of penal law. 

This chapter specifies the classes of persons who are deemed 
capable of crimes, and liable to punishment therefor; defines the 
^atupp of the various crimes ; and pretscribes the kind and measure 
<*f punshment to be inflicted for each. 

I>eHTationt Penal Code, § 7. 

People V. McTameney (1883), 30 Hun, 505, 13 Abb. N. C. 56, 66 How. Pr. 
75, 1 N. Y. Cr. 437; People v. Rugg (1885), 98 N. Y. 637, 551; People v. 
J«ebe (1886), 103 N. Y. 182, 193, 4 N. Y. Cr. 479; People v. Palmer (1888), 
W9N. Y. 110: People v. Richards (1888). 108 N. Y. 137, 144, r«v'g 44 Hun, 
*78; Fitzgerald v. Quann (1888), 109 N. Y. 441, 445; People v. Stevens 
(IBM), 10© N. Y. 159, 162; People v. Fanshawe (1893), 137 N. Y. 68. 74, 
^g 66 Hun, 77, 19 N. Y. 8upp. 866; Matter of Hallenbeck, 66 How. Pr. 401, 
1 V. Y. Cr. 437 aoto. 



§g 21-22] GENERAL PROVISIONS [Art. 5 

§ 21. General rules of construction of this chapter. 

The rule that a penal statute is to be strictly construed does not 
apply to this chapter or any of the provisions thereof, but all such 
provisions must be construed according to the fair import of their 
terms, to promote justice and effect the objects of the law. 

Derivation: Penal Code, § 11. 

Matter of Hallenbeck (1883), 1 N. Y. Cr. 437, 65 How. 401; People t. 
McTameney (1883), 30 Hun, 505, 13 Abb. N. C. 56, 66 How. 70, IN. Y. Cr. 
437; Cowley v. People (1880), 83 N. Y. 464, 468; People v. Whedon (1884). 
2 N. Y, Cr. 318; People v. Bauer (1885), 37 Hun, 407; Thomas v. Mut. Pro- 
tective Union (1888), 49 Hun, 171, 2 N. Y. Supp. 195; People v. Phelps 
(1892), 133 N. Y. 269, 44 N. Y. St. 911, aff*g 61 Hun, 115, 15 N. Y. Supp. 
440; Beebe v. Supervisors (1892), 64 Hun, 377, 19 N. Y. Supp. 629; Grannan 
y^We^y^h^ter Racing Assn. (1897), 16 App. Div. 8, 44 N. Y. Supp. 790; Peo- 
ple V. Nelson (1897), 153 N. Y. 90, 12 N. Y. Cr. 368, rev'g 91 Hun, 635, 36 
N. Y. Supp. 1130; People v. Fielding (1899), 36 App. Div. 401, 55 N. Y. 
Supp. §30; P^ple v. Martin (1903), 175 N. Y. 315, aff'g 77 App. Div. 396. 
79 N. Y. Supp. 340, 17 N. Y. Cr. 150; People v. Abeel (1905), 182 N. Y. 
416, 100 App. Div. 516, 91 N. Y. Supp. 1107, 45 Misc. 89, 91 N. Y. Supp. 
699; People v. Huggins (I9O6), 110 App. Div. 613, 615, 97 N. Y. Supp. 187, 
20 N. Y. Cr. 257; People ex rel. Collins v. McLaughlin (1908), 60 Misc. 308; 
see also People v. West, 49 Cal. 610; United States v. Sharp, Pet. C. C. 118; 
People V. Tisdale, 57 Cal. 104; People v. Soto, 49 Cal. 68; Lamb v. SUte, 67 
Md. 524, 10 Crim. L. Mag. 95; Matter of Gutierrez, 45 Cal. 431. 

§ 22. Effect of chapter. 

No act or omission begun after the beginning of the day on 
which this chapter takes effect as a law, shall be deemed criminal 
or punishable, except as prescribed or authorized by thi^ chapter, 
or by some statute of this state not repealed by it. Any act or 
omission begun prior to that day may be inquired of, prosecuted 
and punished in the same manner as if this chapter had not been 
passed. 

Derivation t Penal Code, § 2. 

Hartung v. People (1860), 22 N. Y. 95; Shepherd v. People (18«2), 25 N. 
Y. 406, 24 How. 388; Ratsky v. People (1864), 29 N. Y. 124, 28 How. 112; 
Stokes V. People (1873), 63 N. Y. 164; People ex rel. Pellis v. Superviaors 
(1875), 66 N. Y. 300, rev'g 63 Barb. 83; People v. I^rd (1877), 12 Hun, 
282; People v. Bernardo (1883), 1 N. Y. Cr. Kep. 245; People v. Hallenbeck 
(1883), 66 How. Pr. 401, 1 N. Y. Cr. 437 note; People v. Sadler (1884), 97 
N. Y. 146, 3 N. Y. Cr. 474; People v. Raymond (1884), 32 Hun, 123; People 
V. Jaehne (1886), 103 N. Y. 182, 4 N. Y. Cr. 193, aff'd 128 U. S. 180, 
N. Y. Cr. 237; People v. Beckwith (18B8), 108 N. Y. 67, 7 N. Y. Or. 146; 
J-^ople r. O'Neil (1888), 109 N. Y. 261 ; Peopl« y. O'Brien (1888), 111 N. Y. 

10 



Art, 2] GENERAL PROVISIONS [§§ 23-26 

1, 7 Am. St. Rep. 684, rev'g 45 Hun, 519; People v. Turner (1889), 117 N. 
y. 233, 16 Am. St. Rep. 498; People v. Moran (1889), 64 Hun, 279, 7 N. Y. 
Snpp. 582, 7 N. Y. Ct. 329; Bullock v. Town of Durham (1892), 64 Hun, 880, 
19 N. Y. Supp. 635; People v. Hayes (1893), 140 N. Y. 493, 23 L. R. A. 830, 
afTg 70 Hun, 111, 24 N. Y Supp. 194; People v. Englami (,1895), 91. Hun, 162, 
36 N. Y. Supp. 534; People v. Hawker (1897), 12 N4»Y. Cr. 122, wv'd 12 N. 
Y. Cr. 257, 152 N. Y. 234, aff'd 170 U. S. 189, rev'g 14 App. Div. 188, 43 N. Y. 
Supp. 516; see also Cummings v. State, 4 Wall. 277; 5tate-v.'4}or«)h, 50 
Me. 137; Com. v. Mott, 21 Pick. 474; Com. v. Dorsey, 103 Mass. 412; Clarke 
Y. SUte, 23 Miss. 261; Calder v. Bull, 3 Dai 1. 388,^390;, Boston ▼. CttiAmings, 
16 Ga. 102; Matter of Garland, 4 Wall. 333, 32 How. Pr. 241; Garvey's Case, 
6 Colo. 384, 49 Am. Rep. 358; Gut v. State, 9 Wall. 35; Hair v.' State, 16 
Xebr. 601; Hart v. State, 40 Ala. 21; Herber v. State, 7 'Pex: ' 70 ; Hopt v. 
Territory, 110 I'. S. 574; Matter of Hunt, 13 S. W. 145r<K*feiieT* State, 3 
Chand. 109, 3 Penn. 99; Knuckler v. People, 5 Park. 212; K ring v. State, 107 
U. S. 221; Lasure v. State, 19 Ohio St. 43; State v. Wnning,' U ^eV. 402; 
Marion v. State, 20 Nebr. 233, 57 Am. Rep. 825r Mclnturf v. iStaia,',20.Tex. 
App. 335; Maul v. State, 25 Tex. 166; Matter of Medley, 134 U. S. 160; State 
V. Moore, 42 N. J. L. 203, 39 AjttU Rep. 558; _Pejople .v^..Mortim^fj^46 ;Giil. 114; 
SUte V. Ryan, 13 Minn. 370; Matter of Tyson, 6L. R.'a/472; Walston v. 
Com., 16 B. Monr. 16; Watei'foird, etc.. Turnpike Co; v. Pertple,^ ^arb. 161; 
State V. Wilson, 48 N.H. 398; VVoart v. W^innick; 8 *r. H. 47^3^* State v. 
Arlin, 30 N. H. 180; Blann %. State^ .39 AlA.'363; Strong v. Sta^te,; 1 Blackf. 
193; Thompson v. Missouri, 171 U. S. 380. . - - 

§ 23. Civil rights and remedies not affected. r .^ -. . ;^< 

The provisions of this. chapter are not to be deemed to affect 
any civil rights or remedies existing at the time when this chap- 
ter takes effect, hv virtue of the common law or of any provision 
of statute. 

DcriTationi Penal Code, $ 720. 

Reynolds v. Everett (1893), 67 Hun, 294, 60 N. Y. St. 897, 22. N. T. 
Supp. 313. 

§ 24. Civil remedies preserved. 

The omission to specify or affirm in this chapter any liability 
to any damages, penalty, forfeiture or other remedy, imposed by 
law, and allowed to be recovered or enforced in any civil action 
or proceeding, for any act or omission declared punishable herein, 
does not affect any right to recover or enforce the same. 

Dwivationi Penal Code, § 722. 

§ 85. Ambassadors and foreign ministers excepted from pun- 
iiaineiit. 
Ambassadoiv and other public ministeors from ioreif^ fgy9«nv- 

11 



§§ 26-29] GENERAL PROVISIONS [Art. 

mentS; accredited to the president or government of the Unit 
States, and recognized according to the laws of the United Stat 
with their secretaries, messengers, families and servants, are i 
liable to punishment in this state, but are to be returned to th 
own country for triW and punishment. 

Derivationi Penal Code, 8 27. 

§ 26. Principal and accessory. 

A party to a crime is, either: 

1. A principal ; or, 

2. An accessory. 

Derivation: Penal Code, § 28. See Penal Law, J 2. 

See cases cited under Penal Law, section 2. 

I 

§ 27. All principals in misdemeanors. 

A person who commits or participates in an act which woi 
make him an aecesaory if the crime committed were a felony, 
a principal and may be indicted and punished as such, if the crii 
be a misdemeanor. 

Derivationi Penal Code, 8 31. 

People V. Clark (1891), 8 N. Y. Cr. 179, 210, 14 N. Y. S. 642; Anderson 
Schlesinger (1896), 16 Misc. 535, 38 N. Y. S. 296; People v. Trainor (190 
57 App. Div. 422, 68 N. Y. Supp. 263; People v. Taylor (1908), 192 N. 
402; see also Ward v. People, 3 Hill, 395, 6 Hill, 114; People y. Mathews 
Wend. 229; Lowenstein v. People, 54 Barb. 299; Erwin v. People, 4 Den. IS 
People ex rel. Beebe v. Warden, etc., 89 N. Y. Supp. 322. 

§ 28. Acts punishable under foreign law. 

An act or omission declared punishable by this chapter, is i 
less so b( cause it is also punishable undcfr the laws of another sta 
government or country, unless the contrary is expressly declar 
in this chapter. 

Derivations Penal Code, § 678. 

People V. Martin (1885), 38 Misc. 67, rev'd 77 App. Div. 396, 175 N. 
315; People v. Lyon (1856), 99 N. Y. 219. 

§ 29. Violation of statute which imposes no penalty is a m 
demeanor. 

Where the performance of. any act is prohibited by a statu 

12 



Art 2] GElfERAL PROVISIONS [§§ 30-32 

ind no penalty for the violation of such statute id impoeed in any 
itatnte, the doing such act is a misdemeanor. 

DolTAtioni Penal Code. 8 155. 

Foote V. People (1874), 56 N. Y. 321, rev'g 2 Th. A; C. 218; Gardner t. 
People (1875), 62 N. Y. 299, aflfg 2 Hun, 222, 5 Th. k C. 678; People ex rel. 
Wirren t. Beck (1894), 10 Misc. 77, 30 N. Y. Supp. 473; Matter of Vander- 
hoff (1896), 15 Misc. 434, 36 N. Y. Supp. 833; People v. Olcese (1903), 41 
Misc. 104, 83 N. Y. Supp. 973; Keller v. Erie R. Co. (1905), 183 N. Y. 67; 
see also Mayor y. Eisler, 2 Civ. Proc. 125; Ex parte Pickett, 55 How. Pr. 491; 
People V. Bogart, 3 Abb. Pr. 202, 3 Park. 143. 

§ 30. Jury to find the degree of a crime. 

Whenever a crime is distinguished into degrees, the jury, if 
tbey convict the prisoner, must find the degree of the crime of 
which he ia guilty. 

DerlTations Penal Code, 8 10. 

People T. Ragg (1885), 98 N. Y. 537, 3 N, Y. Cr. 172; People v. Kelly 
(1885), 35 Hun, 205; People ex rel. Young v. Stout (1894), 81 Hun, 336, 30 
N. Y. Supp. 808; People t. Foster (1008), GO Misc. 13; see also McNevina t. 
People, 61 Barb. 307. 

§ 31. Conviction must precede punishment. 

The punishments prescribed by this chapter can be inflicted 
(oly upon a legal conviction in a court having jurisdiction. 

DaviTatioai Penal Code, 8 9. 

Scbiffer t. Pniden (1876), 64 N. Y. 52, aff'g 30 N. Y. Super. 167? Blaufus 
V. People (1877), 69 N. Y. 107, 25 Am. Rep. 148; Davis v. American, etc^ 
Society (1878), 75 N. Y. 362; Matter of McDonald (1884), 32 Hun, 563, 2 
N. Y. Cr. 107, 140; People v. Bork (1884), 96 N. Y. 188; People v. Fabian 
(1908), 126 App. Div. 95; see also McNeiirs Case, 1 Cai. 72; Kramer t. 
Police Department of New York, 53 N. Y. Super. 492; Matter of Browne, 7 
Crim. L. Mag. 328; Com. v. Oorham, 99 Mass. 420; Com. v. Lockwood, 109 
Mass. 323, 12 Am. Rep. 699; Marion v. State, 16 Nebr. 349. 

§ 32. Acquittal or conviction bars indictment for another 
degree. 

Where a prisoner is acquitted or convicted, upon an indictment 
for a crime consisting of different degrees, he can not thereafter 
be indicted or tried for the same crime, in any other degree, nor 
for an attempt to commit the crime so charged, or any d^ree 
thereof. 

]lmlT«ti«Bt Penal Code, § 36. 

GiMitlier T. PtoopJa (}862), 24 N, Y. JOO; People v. DovWng l,\%^\^ , %<^ 1R, 

IS 



§§ 33-37] GENERAL PROVISIONS [Art. 2 

Y. 478; Bee People v. Dgnarale (1888), 110 N. Y. 23, 33, 16 N. Y. St. 155 1 
People T. SulliTan (1903), 173 N. Y. 122, 130; see also Reg. v. Gilmor^, 1ft 
Cox Cr. Caa. 65, 36 Eng. K«p. 500; People v. Saunders, 4 Park. 19(V. 

§ 33. Foreign conviction or acquittal a defense. 

Whenever it appears upon the trial of an indictment, that the 
oifcnse was committed in another state or country, or under such 
circumstances that the courts of this stato or government had juris- 
diction thereof, and that the defendant has already been acquitted 
or convicted on the merits upon a criminal pro6i:cution under the 
laws of such state, or country, founded upon the act or omission 
in respect to which he is upon trial, such former acquittal or con- 
viction is a sufficient defense. 

Derivation: Penal Code, § 079. 

§ 34. Morbid criminal propensity no defense. 

A morbid propensity to commit prohibited acts, existing in the 
mind of a person who is not shown to have been incapable of 
knowing the wrongfulness of such acts, forms.no defense .to a 
prosecution therefor. 

Derivation: Penal Code, •$ -23, -' ' 

Flanigan v. People (1873), 62 N. Y. 467;. People v. Otto (1885), 38 Hun, 
07, 4 N. Y. Cr. 134; People v. Carpenter (1886), 102 Nr Y. 250, 4 N. Y. Cr. 
187, aff'g 38 rtun, 490; People v. Krist (1901), 168 N. Y. 29; People v. Wal^z, 
50 How. Pr. 204. . 

§ 35. Omission to perform act not punishable if act is per- 
formed by another. * 

No person is punishable for an omission to perform an act, 
where such act has been performed by another person acting in 
his behalf, and competent by law to perform it. 

Derivation: Penal Code, § 684. 

§ 36. Limit of fine where statute does not specify amount. 

Where, in this chapter, or in any other statute making any 
crime punishable by a fine, the amount of the fine is not specified, 
a fine of not moiv than five hundred dollars may be imposed. 

Derivation: Penal Code, § 706. 

People V. Olcese (1903), 41 Misc. 102, 83 N. Y. Supp. 973. 

§ 37. Proceedings to impeach preserved. 

The omisfiion to specify or affirm in this chapter any gioimd 

14 



Art. 2] GENERAL PROVISIONS [§§ 38-39 

or forfeiture of a public office or other trust or special authority 
conferred by law, or any power conferred by law to impeach, re- 
move, depose or suspend any public officer or other person holding 
my trust, appointment or other sipecial authority conferred by 
law, does not aflFect such forfeiture or power, or any proceedins; 
luthorize^i by law to carry into eflFect such impcacamcnt, removal, 
deposition or suspension. 

Derivation: Penal Code, § 723. 

Collyer v. Collyer (1888), 50 Hun, 422, 21 N. Y. State 119, 3 N. Y. Supp. 
JIO. 

§ 38. Application of this chapter to prior offenses. 

Nothing contained in any provision of this chapter applies to 
an offense committed or other act done, at any time before the day 
when this chapter takes effect. Such an offense must be punished 
according to, and such act must be governed by, the provisions of 
law existing when it is done or committed, in the same manner as 
if this chapter had not been passed; except that, whenever the 
punishment or penalty for an offense is mitigated by any provision 
of this chapter, such provision may be applied to any sentence or 
judgment imposed for the offense after this chapter takes effect. 
An offense specified in this chapter, committed after the beginning 
of the day when this chapter takc-s effect, must be punished ac- 
cording to the provisions of this chapter and not otherwise. 

Derivation: Penal Code, § 719. 

People V. McTameney (1883), 30 Hun, 505, 13 Abb. N. C. 55, 1 N. Y. Cr. 437, 
66 How. 74; Matter of Hoffman (1883), I N. Y. Cr. 4«4: People v. Raymond 
(1884), 96 N. Y. 38, aff*g 32 Hun, 123; People ex rel. Van Houten v. Sadler 
(1884), 97 N. Y. 146, 3 N. Y. Cr. 147: People v. Dowlinj? (1884), 1 N. Y. 
Cr. 530; People v. Keeler (1885), 9J) N. Y. 474, 3 N. Y. Cr. 354, 32 Hun. 
589; People ex rel. McDonald v. Keeler (1885), 99 N. Y. 463, 3 N. Y. Cr. 
354, 32 Hun, 589; People v. Jaehne (1886), 103 N. Y. 198, 3 N. Y. St. 11, 4 
X. Y. Cr. 478; People v. Beckwith (1888), 108 N. Y. 67, aff'g 45 Hun, 222; 
we People v. England (1895), 91 Hun, 152, 36 N. Y. Rupp. 534; People ex rel. 
Lewisohn v. General Sessions (1904), 96 App. Div. 211, 89 N. Y. Supp. 364; 
•ee also Matter of Walker, 62 How. Pr. 352 ; Matter of Hallenbeck, 65 How. 
401 ; People v. Coffee, 62 How. Pr. 445. 

§ 30. Military punishments preserved. 

This cshapter does not affect any ix>wor conferred by law upon 
any court-martial or other military authority or officer, to impoee 
or inflict punishment upon offenders; nor any power conferred 
bjr law upon any public body, tribunal or officers, to impoee ok 

15 



§§ 40-41] GENERAL PROVISIONS [Art S 

inflict punishment for a contempt ; nor any provisions of the laws 
relating to apprentices, bastards, disorderly persona, Indians and 
vagrants, except so far as any provisions therein are inoonsiatenl 
with this chapter. 

Derivationt Penal Code, § 724. 

Matter of Kiley (1884), 31 Hun, 612; People ex rel. McDonald t. Ketler 
(1885), 99 N. Y. 475, 3 N. Y. Cr. 354, rev'g 32 Hun. 503: People v. Champlin 
(1907), 120 App. Div. 509; Matter of McMahon, 64 How. Pr. 285, 1 N. T. 
Cr. 68. 

§ 40. Certain statutes continued in force. 

Notliing in this chapter atiect^ any of the provisions of the 
following statutes ; but such statutes are recognized as continuing 
in force, notwithstanding the provisions of this chapter ; except so 
far as they have been repealed or affected by subsequent laws: 

1. All acts incorporating municipal corporations, and acts 
amending acts of incorporation or charters of such corporation, 
or providing for the election or appointment of officers therein, or 
defining the powers and duties of such officers; 

2. All acts relating to emigrants or other passengers in vessels 
coming from foreign countries, except as provided in section 
fifteen hundred and sixty-one of this chapter ; 

3. All acts for the punishment of intoxication or the suppression 
of intemperance or regulating the sale or disposition of intoxicating 
or sjnrituous liquors; 

4. All acts defining and providing for the punishment of of- 
fenses and not defined and made punishable bv tin's chapter. 

DeriTatlont Penal Code, § 725, as amended L. 1882. c\\. 384, J 1. 

SuBD. 1. — People V. Bernardo (1883), 1 N. Y. Cr. 245; People ▼. Jaehne 
(1886). 103 N. Y. 198, 199, 4 N. Y. Cr. 478, 128 U. S. 189, 6 N. Y. Cr. Rep. 
237; People v. Moran (1890), 123 X. Y. 2r)4, 33 N. Y. St. 398, 8 N. Y. Cr. 
100, rev'g 54 Hun, 279, 7 N. Y. Supp. 582, 27 N. Y. St. 20. 7 N. Y. Cr. 333. 

Sunn. 3.— People v. Myers (1884). 2 N- Y. Cr. 128, 95 N. Y. 223; People «c 
rel. Shorten v. Markell (1897), 20 Misc. 149, 45 N. Y. Supp. 904. 

Sued. 4.— Matter of McMahon (1883), 64 How. Pr. 285, 1 N. Y. Cr. 68; 
People V, Rontey (1889), 117 N. Y. 024, aff'g 4 N. Y. Supp. 235. 6 N. Y. 
Cr. 249; People v. Pape (1889), 4 N. Y. Supp. 780, 7 N. Y. Cr. 7; People t. 
Van Ilouten (1895), 13 Misc. 603, 35 N. Y. Supp. 186; Rockwood v. Oakfieid, 
2 N. Y. St. 331. 

§ 41. Manner of prosecution and conviction. 

The manner of prosecutine: and convicting criminals is regulated 
hy the code of criminal procedure. 

Derivation: Penal Code, § 8. 

People V. Beckwith (1888), 108 N. \. 73, 7 N. Y. Cr. 162. 

16 



Art 2] GENERAL PROVISIONS [§§ 42-43 

§ 42. Rule when act done in defense of self or another. 

An act> otherwise criminal, is justifiable when it is done to 
protect the person committing it, or another whom he is bound to 
protect, from inevitable and irreparable personal injury, and the 
injury could only be prevented by the act, nothing more being done 
than is necessary to prevent the injury. 

I>«rlTatioas Penal Code, § 26. 

Shorter ▼. People (1849), 2 N. Y. 193, 4 Barb. 460; Wood v. Phillips 
(1870), 43 N. Y. 152, rev'g 1 Lans. 421; Ruloff v. People (1871), 45 N. Y. 
213, 6 Lans. 261, 11 Abb. (N. S.) 246; Evers v. People (1876), 3 Hun, 716, 
MN. Y. 626; Sawyer v. People (1883), 91 N. Y. 667; People v. McCarthy 
(1888), 110 N. Y. 316, aff'g 47 Hun, 491; People v. Lyons (1888), 6 N. Y. 
Cr. 105, note 119; People v. McGrath (1888), 47 Hun, 325; People v. Carlton 
(1889), 115 N. Y. 618, 623; People v. Johnston (1893), 139 N. Y. 358, 363; 
People V. Constentino (1897), 153 N. Y. 24, 12 N. Y. Cr. 339; People v. Ken- 
nedy (1899), 169 N. Y. 349; People v. Shanley (1900), 49 App. Div. 56, 63 
N. Y. Supp. 449; People v. Cantor (1902), 71 App. Div. 185, 75 N. Y. Supp. 
(»8, 16 N. Y. Ct. 380; People v. Fiori (1008), 123 App. Div. 174, 108 N. Y. 
Supp. 416; see also Rowe v. United States, 164 U. S. 545; Harrington v. Peo- 
ple. 6 Barb. 60/ ; Cory v. People, 45 Barb. 262 ; Patterson v. People, 46 Barb. 
625; Gyre v. Culver, 47 Barb. 592; People v. Lamb, 64 Barb. 342, 2 Keyes, 
360, 2 Abb. Pr. (N. S.) 148; People v. Austin, 1 Park, 154; People v. Cole, 4 
Park, 35; Pfommer v. People, 4 Park, 558; Uhl v. People, 5 Park, 410; People 
V. Hand, 4 Alb. L. J. 91; Morgan v. Durfee, 21 Alb. L. J. 215; People t. 
Gulick, Hill & Denio, 129; People v. Minisci, 12 N. Y. St. 720; People v. Har- 
per, Edm. Sel. Cas. 180. 

§ 43. Penalty for acts for which no punishment is expressly 
prescribed. 

A person who wilfully and wrongfully commits any act which 
seriously injures the person or property of another, or which seri- 
ously disturbs or endangers the public peace or health, or which 
openly outrages public decency, for which no other punishment is 
expressly prescribed by this chapter, is guilty of a misdemeanor; 
but nothing in this chapter contained shall be so construed as to 
prevent any person from demanding an increase of wages, or from 
assembling and using all lawful means to induce employers to pay 
such wages to all persons employed by them, as shall be a just and 
fair compensation for services rendcMod. 

Derivation: Penal Code, § 075, in part, as aniendod L. 1882, cli. 384. 
§ I; L. 1891, eh. 327, § 1. For remainder of said section, sop § 720, pofit. 

See Penal Law, § 720; People v. Barondess (1891), 45 N. Y. St. 248, 8 N. 
Y. Cr. 376, rev'g 61 Hun. 577. 16 X. Y. Snpp. 43t). 41 X. Y. St. 650, 8 N. Y. 
Cr. 234; Reynolds v. Everett (1803), 67 Hun, 294, 22 N. Y. Supp. 306; People 
▼. Most (1002), 171 y. Y. 423, 16 N. Y. Cr. 55, afT'g 71 App. Div. 160, 75 
K Y. Snpp. 591, 36 Misc. 139, 73 N. Y. Supp. 220; People v. Wallace (1903), 
85 App. Div. 170, 83 N. K Supp. 130, 17 N. Y. Cr. 132; ?eop\e \. UeT^TTM>\X 
rifioe/. 111 App, Div. 380, 97 N. Y. Supp, 901, 20 N. Y. Cr. 45, 

17 



i 70] ABDUCTION [An. 4 



ARTICIiE 4. 

ABDUCTION. 

VxoTXOir 70. Abduction. 

71. No conviction to be had on unsupported teetimony. 

§ 70. AbductioiL 
A person who : 

1. Takes, receives, employs, harbors or uses, or ()auses or pro- 
cures to be taken, received, employed or harbored or ustd, a female 
under the age of eighteen years, for the purpose of prostitution; 
or, not being her husband, for tiie purpose of sexual intercourse; 
or, without the consent of her father, mother, guardian or other 
person having legal charge of her person, for the purpose of mar- 
riage; or, 

2. Inveigles or entices an unmarried female, of previous chaste 
oharacter, into a house of ill-fame or of assignation, or elsewhere, 
for the purpose of prostitution or sexual intercourse ; or, 

3. Takes or detains a female unlawfully against her will, with 
the intent to compel her, by force, menace or duress, to marry him, 
or to marry any other person, or to be defiled ; or, 

4. Being parent, guardian or other person having legal charge 
of the person of a female under the age of eighteen years, consents 
fjo her taking or detaining by any person for the purpose of pros- 
titution or sexual intercourse; 

Is guilty of abduction and punij^hable by imprisonment for not 
more than ten vears, or bv a fine of not more than one thousand 
dollars, or bv both. 

DerivatioBt Penal Code, fi 282, m amended L. 1884, ch. 46. § 2; L. 1886, 
eh. 31, 5 1; L. 1895, ch. 460, § 2; L. 1902, ch. 88. 

Kenyon v. People (1863). 26 X. Y. 206. 5 Park, 254: Kanfman v. People 
(1877), 11 Hun, 82; Scnicker v. People (1882), 88 N. Y. 102: People v. 
Seeley (1885), 101 X. Y. 042, .3 X. Y. Cr. 225, 37 Hun, 100; Moot v. Moot 
(1885), 37 Hun, 288; People v. Plath (1885), 100 N. Y. 500, 4 X. Y. Cr. 
Rep. 54, rcv'g 36 Hun, 454; People v. Powell (1886), 4 N. Y. Cr. 590; Peopl»^ 
V. Scott (1886), 5 N. Y. Cr. Rep. 61, affM 4 X. Y. Cr. Rep. 30C; People v. 
Slieppard (1887), 44 Hun, 565, 5 X. Y. Cr. 136, 9 N. Y. St. 35; People v. 
O'SuUivan (1887), 104 X. Y. 490, 5 X. Y. St. Rep. 702; People v. Gib«on 
n889), 4 N. Y. Supp. 170, X. Y, Cr. 390: People v. Brown (1893), 71 Hun. 
601, 24 N. Y. S. nil; People v. Ragone (1900), 54 App. Div. 493, 67 X. Y. 
Bmpp. 23; People v. Butler (1900), f5 App. Div. 361, 66 N. Y. Supp. 861; 



Art. 4j ABDUCTIOxX [§ 71 

Pwple V. Dickenson (1901), 58 App. Div. 202, 15 N. Y. Cr. 365, 68 N. Y. 8. 
T16; People v. Swasey (1902), 77 App. Div. 185, 78 N. Y. Supp. 1103; People 
V. Miller (1902), 70 App. Div. 592, 75 N. Y. Supp. 655; Coute v. Coute (190;{), 
b2 App. Div. 337, 81 N. Y. S. 923; People v. Cerami (1905), 101 App. Div. 
366, Ul N. Y. S. 1027, 19 N. Y. Cr. SO; People v. Smitii (190G), 114 App. Div. 
613, 100 N. Y. Supp. 259, 20 N. Y. Cr. 310; People v. Wolf (1906), 183 N. Y. 
4W. ll» N. Y. Cr. 462, rev'g 107 App. Div. 449, 95 N. \^ Snpp. 264, 19 N. Y. 
Ir. 454; People v. Spriggs (1907), 119 App. Div. 236, 104 N. Y. Supp. 539; 
Me also State v. George, 93 N. C. 56; Carpenter v. People, 8 Barb. 603; People 
Y. Cook, 61 Cal. 479; Com. v. Murphy, 165 Maas. 66, 30 L. R. A. 735; SaiTord 
V. People, 1 Park, 478; Reg. v. Kipps, 4 Cox Cr. Cas. 167; People v. Wlia I^? 
Mon, 37 N. Y. St. 284, 13 N. Y. Supp. 767; Reg. v. Mycock, 12 Cox Cr. Cas. 
28, 2 £ng. Rep. 177; Reg. v. Prince, L. R. 2 Cr. Cas. Res. 154, 1 Am. Crim. 
L K. 1, 13 Eng. Rep. 385; Reg. v. Packer, 10 Cox Lr. Cas. 57, 37 Eng. Rep. 
bjU; People v. Parahall, 6 Park, 129; Lyons v.. State, 52 Ind. 420, 1 Am. Crim. 
Tpp. 28; SUte v. Gordon, 46 N. J. L. 432. 

§ 71. (Am'd, 1909.) No conviction to be had on unsup** 
ported testimony. 

Xo conviction can be ht\d for abduction or compulsory xnarriage, 
upon the lestimony of the female abducted or compelled, un- 
fiipported by other evidence. 

DmriTatiomi Penal Code, f 283, as amended by L. 1886, eh. 663; L. 1900. 
cu. 684. la dTMi ICaj 17. lOOQ. See, alto. Ptnal Law, U 089, 
2U18. 



S§ 80-81} ABORTION [Ait < 



ARTICLE 6. 

ABORTION. 

• 

fllEOTZOif 80. Definition and punishment of abortion. 

81. Killing of child in attempting miscarriage. 

82. Selling drugs or instruments to procure a miscarriage. 

§ 80. Definition and punishment of abortion. 

A person who, with intent thereby to procure the miscarriage of 
a woman, unless the same is necessary to preserve the life of the 
woman, or of the child with which she is pregnant, either : 

1. Prescribes, supplies, or administers to a woman, whether 
pregnant or not, or advises or causes a woman to take any medi- 
cine, drug;, or substance ; or, 

2. Uses, or causes to be used, any instrument or other means, 

Is guilty of abortion, and is punishable by imprisonment in a 
state prison for not more than four years, or in a county jail for 
not more than one year. 

DeriTmtiomt Penal Code, fi 294. 

Lohman v. People (1848), 1 N. Y. 383, aff*g 2 Barb. 216; Erana ▼. People 
(1872), 49 N. Y. 86-87; Bradford v. People (1880), 20 Hun, 309; People r. 
Vedder (1884), 98 N. Y. 630, 3 N. Y. Cr. Rep. 32, aff'g 34 Hun, 480, 3 N. Y. 
Cr. Rep. 23; People v. Murphy (1886), 101 N. Y. 126, 3 How. Pr. (N. S.^ 
469, 4 N. Y. Cr. Rep. 95, rev'g 3 N. Y. Cr. Rep. 338; People v. Meyers (1887), 
107 N. Y. 671, 12 N. Y. St. 862, aff'g 5 N. Y. Cr. Rep. 120, 7 N. Y. St. Rep. 
217; People v. Bliven (1889), 112 N. Y. 79, 20 N. Y. St. 486, 6 N. Y. Cr. 
366, arg 14 N. Y. St. 495; People v. Phelps (1891), 133 N. Y. 269, 44 N. Y. 
St. 910, aff'g 61 Hun, 115, 39 N. Y. St. Rep. 598, 15 N. Y. Supp. 440; People v. 
McGongeal( 1892), 136 N.Y.62; People v. Van Zile ( 1894), 143 N. Y. 368; Peo- 
ple v. O'Neill (1901), 15 N.Y.Cr.39K34 Miac. 285,103 St. Rep. 618, 69 N. Y. 
S. 617; People v. Conrad (1905), 185 N. Y. 529, 19 N. Y. Cr. 263, 102 App. 
Div. 566, 92 N. Y. S. 606; People v. Hoffman (1007), 118 App. Div. 862, 103 
N. Y. S. 1000, 21 N. Y. Cr. 140; see also Montgomery v. State, 80 Ind. 338, 41 
Am. Rep. 815; State v. Gedicke. 43 X. J. Law. 80; Dougherty v. People, 1 
Colo. 517; Com. v. Drake. 124 Mass. 21 ; Reg. v. Cramp, 5 Q. B. D. 307; Rail- 
ing V. Com., 110 Pa. St. 100; Reg. v. Stett, 15 Can. L. J. 193; Swan v. People. 

13 Week. Dig. 518, citing 06 Barb. , 5r. N. Y. 618, 45 N. Y. 1, 32 Barb. 

321; State v. Fitzgerald, 49 Iowa, 260, 31 Am. Rep. 148; Watson v. SUte, 
9 Tex. App. 237. 

§ 81. Killing of child in attempting miscarriage. 

A pregnant woman, who takes any medicine, drug, or substance, 

«20 



Art 6] ABORTION [^ S2 

or uBes or submitfl to tbe use of any instroment or other meaxiA, 
with intent thereby to produce her own miscarriage, unless the 
lame is necessary to preserve her life, or that of the child whereof 
the is pregnant, is punishable by imprisonment for not lees than 
one year, nor more than four years. 

DwiTmtiomi Penal Code, fi 295. 

People ▼. Vedder (1884), 98 N. Y. 630, 3 N. Y. Cr. Rep. 23, aiTg 34 Hun, 
Ml, alTg 3 N. Y. Cr. Rep. 32; People v. Meyers (1887), 7 N. Y. State, 217, 
i N. Y. Cr. 120; People v. Phelps (1892), 133 N. Y. 267, aff'g 61 Hun, 116, 
15 N. Y. Supp. 440; People v. McGonegal (1892), 136 N. Y. 62, 48 N. Y. St. 
900; Bigtlow T. Dmmmond (1904), 42 Misc. 616» 87 N. Y. Supp. 581. 

§ 82. Selling drugs or instruments to procure a miscarriage. 

A person who manufactures, gives or sells an instrument, a 
medicine or drug, or any other substance, with intent that the same 
may be unlawfully used in procuring the miscarriage of a woman^ 
u guilty of a felony. 

]>aH»timt Ptnal Code, | i.97. 



§§ 100-103] ADULTERY [ArU 8 



ARTICLE 8. 

AmXIiTEBT. 

Sbotion 100. Adultery defined. 

101. Adultery a misdemeanor. 

102. Punishment for adultery. 

103. Conviction can not be bad on unsupported testiniolqr* 

§ 100. Adultery defined. 

Adultery is the sexual intercourse of two persons, either of wfaoni 
is married to a third person. 

DerlTatiomx Penal Code, $ 280a, added L. 1907^ cb. 583. See Penal Taw, 

18 101, 103, alBo 8 2010 as to rape in second degree. 

' ' ^ . • • • . - . I • . 

§ 101. Adultery a misdemeanor. 

A person who commits adultery is guilty of a misdemeanor. 

DeriTfttiomx Penal Code, fi 280a, added L. 1907, cb. 58S. 

§ 102. Punishment for adultery. 

A person convicted of a violation of this article is punishable by 
imprisonment in a penitentiary or county jail, for not more tlian 
six months or by a fine of not more than two hundred aiid fifty 
dollars, or by both. 

DeriTatiom: Penal Code, 8 280b, added L. 1907, eh. 583. 

§ 103. Conviction can not be had on unsupported testimony. 

A conviction under this article can not b? had on the uncor- 
roborated testimony of the person with whom tlie offense is 
charged to have been committed. 

DeHTfttiomx Penal Code, fi 280a, added L. 1907, eh. 68S. Sm PMial Iaw, 
fiS 100-101. 



22 



M m aUOVEBTISINO [§§ 190-188 



ABTICOLE la 

ABVEBTXSOrOw 

120. Advertising to procure divorces. 

121. Affixing advertisement to property of anotiier. 

122. Inserting unauthorized advertisement in newspi^rs and maga- 

zines. 

§ 190. Advertising to procure divorces. 

Whoever prints, publishes, distributes or circulates, or causes to be printed, 
psblislied, distributed or circulated any circular, pamphlet, card, hand bill, 
advertisanent, printed paper, book, newspaper or notice of any Icind offering to 
procure or to aid in procuring any divorce, or the severance, dissolution, or 
uuralment of any marriage, or offering to engage, appear or act as attorney or 
eoonael in any suit for alimony or divorce or the severance, dissolution or 
umulment of any marriage, either in this state or elsewhere, is guilty of a mis- 
tewanor. This section shall not apply to the printing or publishing of any 
■otioe or advertisement required or authorized by any law of this state. 

Derivatioms Penal Code, § 148a, added L. 1902, ch. 203, § 1. 

People V. MeCabe, 18 Colo. 186, 36 Am. St. Rep. 270. 

§ 121. AfBTJng advertisement to property of another. 

A person who places upon or affixes to. or c^'^s'^s or procures to be placed 
upon or affixed to, real property not his own, or a rock, tree, wall, fence, or 
other structure thereupon, without the consent of the owner, any words, char- 
acters, or device, as a notice of, or reference to, any article, business, exhibi- 
tion, profession, matter or event, is punishable by imprisonment for not more 
than six months, or by a fine of not more than two hundred and fifty dollars, 
or by both. 

The placing or affltxing of any words, characters, device, or notice, of any 
article, business, or other thing, to or upon any property or place specified 
in this section is presumptive evidence thot the proprietor, vendor, or exhibitor 
thereof caused or procured the same to bo so placed or affixed. 

Derivatloiif P«nal €ode, §§ 643^644. 

§ 15& Inserting nnanthorlzed advertisement In newspapers and 



Any person who, with intent to profit, directly or indirectly thereby, places 
or causes or produces an advertisement to be placed in or affixes or causes 
the same to be aflfixed to a newspaper without the consent of the publishers of 
said newspaper; or who directly or indirectly places or causes or procures an 
advertisement to be placed in or affixes or causes the same to be affixed to a 
magazine or periodical without the consent of the publisher of such magazine 
or periodical, and in a way calculated to lead the readers thereof to believe 
that such advertisement was circulated by such publisher, is guilty of a 
misdemeanor. 

The placing of an advertisement, notice, circular, pamphlet, card, handbill, 
printed nciice of any kind in or the affixing thereof to a newspaper, magazine, 
or periodical is presumptive evidence that the person or persons or corpora- 
tioii or corporations whose name or names appear thereon as proprietor, 
idvertiser, vendor, or exhibitor, or whose goods, wares, and merchandise are 
tdvertifed therein, caused or procured the same to be so placed or affixed 
with intent to profit thereW. (Added bv L. 1914, ch« 118, in effect Apr. i 
IMl) 

93 



9S 140-142] AGENTS tArt 18 



ABTICIiE 12. 

AGENTS. 

fticnoif 140. Agents muat file statement of agency. 

141. Failure to make and file statement a misdemeanor. 

142. Duty and fees of county clerk. 

143. Relief of principal from liability for future acts of ag«nt. 

§ 140. Agents must file statement of agency. 

Any person now carrying on or conducting a general mercantile 
or manufacturing business within this state, or hereafter com- 
mencing such business at or in a fixed lo<iation, as agent or manager 
for another shall, within thirty days after May sixteenth^ eighteen 
hundred and ninety-three, or the commencement of such business, 
file a sworn statement, verified by such agent and principal, in the 
county clerk's office of the county within which said business is 
carried on, stating the nature of the business and the full name 
and residence of such principal. 

DeriTationi Penal Code, $ 363a(l), added L. 1893, ch. 708, | 1. 

OToole V. Garvin (1874), 1 Hun, 92; Wood v. Erie Ry. Co. (1878), 72 N. 
Y. 196, aff'g 9 Hun, 648; McMurray v. Gage (1897), 19 App. Div. fiOS, 46 N. 
Y. Supp. 608; see also Swords v. Ownes, 43 How. Pr. 176; Rosenheim t. 
Rosenfield, 13 N. Y. Supp. 721; Barron v. Yost, 16 Daly, 441; Cohn v. Gott- 
schaUt, 16 N. Y. St. 818, 2 N. Y. Supp. 13. 

§ 141. Failure to make and file statement a misdemeanor. 

Any person failing to make and file the statement required by 
section one hundred and forty, shall be guilty of a misdemeanor. 

DeriTfttiom: Penal Code, $ 363a (4), added L. 1893, eh. 708, | 1. 
See Penal Law, section 140. 

§ 142. Duty and fees of county clerk. 

The county clerk shall keep a register of the names of suoh 
agents in alphabetical order, and of their principals, for which 
registering and filing he shall receive a fee of one dollar; and copies 
of such certificate and registry certified by him and the aflSdavit 
of such publication shall be evidence. 

DeriTationt Penal Code, 8 363a (3), added L. 1893, eh. 708, | 1. 
See Penal Law, section 140. 

24 



Art. 121 AGENTS [§ 143 

§ 143. Relief of principal from liability for future acts of 
agent 

Any person or principal may be relieved from all liability for 
the future act of suoh agent or manager by filing in the office of th^ 
county clerk where the original statement appointing such agent or 
manager is filed, a statement revoking such agent or managership, 
to take eflFect ten days after the filing thereof; provided he shall, at 
or before the date of suoh filing, serve either personally or by mail, 
in the manner prescribed by the code of civil procedure for service 
of papers in civil actions, a copy of such revocation statement on 
each person or firm with whom such principal shall have trans- 
acted any business through such agent or manager within six 
months previous to such filing. But failure to make service of 
suoh statement shall not invalidate such revocation except as to 
persons not so served, said statement to be acknowledged before an 
officer authorized to take acknowledgments of deeds and to be pub- 
lished in at least three consecutive issues of the newspaper pub- 
lished in the county and nearest to the place where the business 
of said agent or manager is carried on ; but if no newspaper is 
published in said county, then said statement shall be published 
in the newspaper published nearest to the place where such business 
shall be carried on. 

OOTlTation: Penal Code, fi 363a (2), added L. 1893, eh. 708, and amwided 
L 1895, eh. 890, | 1. 
Sea Panal Law, aection 140. 



§§ 160-161] 



ANARCHY 



[Art. ^4 



•ri=." \ . -v^: 



/;-.■.•»/- 



j\ ■ t 



ARTICLE 14. 

ANARCHY. 

flBOTiok 160. Criminal anarchy diBflned/ 

« 

'.161.Adyoca«y of criminal anatohy. 

. 162. Assemblages of^aaarchists. ^ - '; . . 

163. Permitting premises to be used for aatemblag^t pf luuunfhii^. 

164. Liability of editors and others. 

165. Leaving state with intent to elude provisions of this artiel«« 

166. Witnesses' privilege. * 

§ 160. Crirriihal anarchy defined. 

Criminal anarchy is the doctrino that organized goveitiment 
should be overthrown l)y force or violence, or by assassination of 
the executive head or of any of the executive oifBcials of govern- 
ment, or by any unlawful means. The advocacy of such doctrine 
either by word of mouth or writing is a felony. 

D«riTationx Penal Code, 9 468a, added L. 1902, ch. 371. 

Von Gerichten r. Seitz (1904), 94 App. Div. 130, 87 N. Y. Supp. 968. 

§ 161. Advocacy of criminal anarchy. 

Any person who: 

1. By word of mouth or writing advocates, adviseis or teaches 
the duty, necessity or propriety of overthrowing or overturning 
organized government by force or violence, or by assassination of 
the executive head or of any of the executive officials of govern- 
ment, or by any unlawful means; or, 

2. Prints, publishes, edits, issues or knowingly circulates, sells, 
distributes or, publicly displays any book, paper, document, or 
written or printed matter in any form, containing or advocating, 
advising or teaching the doctrine that organized government should 
be overthrown by force, violence or any unlawful means; or, 

3. Openly, wilfully and deliberately justifies by word of mouth 
or writing the assassination or unlawful killing or assaulting of 
any executive or other officer of the United States or of any state 
or of any civilized nation having an organized government because 
of his official character, or any other crime, with intent to teach, 
spread or advocate the propriety of the doctrines of criminal 
anarchy ; or, 

4. OrganijEes or helps to organize or beoomes a member of or 

26 



An, lij Ai\AK«JllY [§§ 162-164 

voluntarily assembles with any society, group or assembly of per- 
fions formed to teach or advocate such doctrine, 

la guilty of a felony and punishable by imprisonment for not 
more than ten years, or by a fine of not more than five thousand 
dollars, or both. 

DeriTAtioms Penal Code, § 468b, added L. 1J)C2, ch. 371. 

Von Gerichten v. Seitz (1904), 94 App. Div. 130, 87 N. Y. Supp. 968. 

§ 162. Assemblages of anarchists. 

Whenever two or more persons assemble for the purpose of ad- 
Tocating or teaching the doctrines of criminal anarchy, as defined 
in section one hundred and sixty, such an assembly is unlawful, 
and every person voluntarily participating therein by his presence, 
aid or instigation, is guilty of a felony and punishable by im- 
prisonment for not more than ten years, or by a fine of more ihan 
five thousand dollars, or both. 

DcriTfttioms Penal Code, § 468^^, added L. 1902, ch. 371. 

§ 163. Permitting premip'^s to be used for assemblages of 
anarchists. 

The owner, 'agent, superintendent, janitor, caretaker or occu- 
pant of any place, building or room, who wilfully and knowingly 
permits therein any asisemblage of persons prohibited by section 
one hundred and sixty-two, or w^ho, after notification that the 
premises are so used perriiits such use to be continued, is guilty 
of a misdemeanor, and punishable by imprisonment for not more 
than two years, or by a fine or not more than two thousand dollars, 
or both. 

DerlTfttiom: Penal Code, § 468e, added L. 1902, cli. 371. 

§ 164. Liability of editors and others. 

Every editor or proprietor of a book, newspaper or serial and 
every manager of a partnership or incorporated association by 
which a book, newspaper or serial is issued, is chargeable with 
the publication of any matter contained in such book, newspaper 
or serial. But in every prosecution therefor, the defendant may 
show in this defense that the matter complained of was published 
without his knowledge or fault and against his wishes, by another 
who had no authority from him to make the publication and whose 
ict was disavowed by him so soon as known. 

DwiTtttl«mi Penal Code, | 468c, added L. 1902, eh. 371. 



8S 165-1661 



ANARCHY 



[Art. 14 



§ 165. Leaving state with intent to elude provisions of tuis 
article. 

A person who leaves the state, with intent to elude any provision 
of this article, or to commit any act without the state, which is 
prohibited by this article, or who, being a resident of this state, 
does any act without the state, which would be punishable by the 
provisions of this article if committed within the state, is guilty 
of the same offense and subject to the same punishment, as if the 
act had been committed within this state. 

D«riT«tiont Penal Code, fi 461. 

§ 166. Witnesses' privilege. 

No person shall be excused from giving evidence upon an in- 
vestigation or prosecution for any of the offenses specified in this 
article upon the ground that the evidence might tend to convict 
him of a crime. But such evidence shall not be received against 
him upon any criminal proceeding. 

DeriTfttiomt Penal Code« i 459. 



ARTIOIiE la 



180. I>efinitiont. 

181. Keeping a place where animals are fought. 

182. Instigating fights between birds and animals. 

183. Officer may take possession of animals or implements used in 

fights among animals. 

184. Disposition of animals or implements used in fights among 

animals. 

185. OverdriTing, torturing and injuring animals; failing to proride 

proper sustenance. 

186. Abandonmeni of disabled animal. 

187. Failure to provide proper food and drink to impounded animaL 

188. Selling or offering to sell or exposing diseased animal. 

189. Carrying animal in a cruel manner. 

190. Poisoning or attempting to poison animals. 

191. Throwing substance injurious to animals in public place. 

192. Keeping milch cows in unhealthy places and feeding them with 

food producing unwholesome milk. 

193. Transporting animals for more than twenty-four consecutive 

hours without unloading. 

194. Running horses on highway. 

195. Leaving state to avoid provisions of this article. 

196. To whom fines and penalties are to be paid. 

§ 180. Definitions. 

1. The word " animal," as used in this article, (does not include 
the human race, but indiides every other living creature; 

2. The word " torture " or " cruelty " includes every act, omis- 
lioD, or neglect, whereby unjustifiable physical pain, suffering or 
death is caused or permitted; 

3. The words ** impure and unwholesome milk " include all 

milk obtained from animals in a diseased or unhealthy condition, 
or which are fed on distillery waste, usually called " swill ^* or upon 
any substance in a state of putrefaction or ifermentation. 

DeriTatloat Penal Oode, § 669. 

People V. Cipperlv (1885), 101 N. Y. 634, rev'ir 37 Hun. 320, 4 N. Y. Cr. 
Hep. 69; People v. Klock (1888), 48 Hun, 277, 16 X. Y. St. 565: T^utherford 
V. Krtuse (1894), 8 Misc. 548, 29 N. Y. Supp. 787: People v. Beattie (1904), 
W Apo. Div. 389, 89 N. Y. Snpp. 193: see also romrs. v. Turner, 145 Mass. 
: People ex rel. Knatt v. Davy, 32 N. Y. Supp. 106, 65 N. Y. St. 162; 
. T. Brown, 24 Q. B. Dir. 357, 41 Alb. L. J. 425. 

29 



§§ 181-183] ANIMALS [Artl« 

§ 181. Keeping a place where animals are fought. 

A person who keeps or uses, or is in any manner connected with, 
or interested in the management of , or receives money for the 
admission of any person to, a house, apartment, pit or place kept 
or used for baiting or fighting any bird or animal, and any owner 
or occupant of a house, ap^artment, pit or place who wilfully 
procures or permits the s-ame to be used or occupied" for such bait- 
ing or fighting, is guilty of a misdemeanor. Upon complaini 
under oath or affirmation to any magistrate authorized to issue 
warrants in criminal cases, that the complainant has just and rea- 
sonable cause to suspect that any of the provisions of law relating 
to or in any wise afffcting animals are being or about to be 
violated in any particular building or place, such magistrate shall 
immediately issue and deliver a warrant to any person authorized 
by law to make arrests for such offenses, authorizing him to enter 
and search such building or place, and to arrest any person there 
present found violating any of said laws, and to bring such per- 
son before the nearest magistrate of competent jurisdiction, to be 
dealt with according to law. 

DeriTation: Penal Code, § 605, as amended L. 1888, ch. 144» | 2. 
People V. Klock (1888), 48 Hun, 276, 16 N. Y. St. 566. 

§ 182. Instigating fights between birds and animals. 

A person who sets on foot, instigates, promotes, or carries on, 
or does any act as assistant, umpire, or principal, or is a witness 
of, or in any way aids in or engages in the furtherance of any 
fight between cocks or other birds, or dogs, bulls, bears, or other 
animab, premeditated by any person owning, or having custody of 
such birds or animals, is guilty of a misdemeanor punishable by 
fine not less than ten dollars, nor more than one thousand dollars, 
or by imprisonment not h'ss than ten days nor more than one 
year, or both. 

D«riTAtion: Penal Code, § 664. 

§ 183. Officer may take possession of animals or implements 
used in fights among animals. 

Any officer authorized by law to make arrests may lawfully 
take possession of any animals, or implements, or other property 
used or employed, or alxmt to be used or employed, in the violation 
of any provision of law relating to fights among animaJa He 

30 



Art 16] A:N1MALS L § 1«* 

AmLl atate to. the. pesraonin charge thereof ,; at the. time of isnch 
taking, his name and residence, and also, the time: and place at 
which the application provided for by the next ^^ti^iL will, be 

made.. 

• ■■■■•• *■ ,<p 

1Mri¥mtloHs L. 1875, ok 97, fi 1. 

§ 184. Disposition of animals or implements used in fights 

among animals. 

» 

The efBoer, after taking possession of such animals; or imple- 
ments. Or other property, pursuant to the pr(-ccding section, shall 
apply to the megistrate before' whom complaint i^ made against 
the offender violating such provision of law, for the oi'der next 
hereinafter mentioned, and shall make and file an affidavit with 
such magistrate, stating therein the name of the offender charged 
in such complaint, the time, place and description of the animals, 
implements or other property so taken, together with the name 
of the party who claims the same, if known, and that the affiant 
has reason to believe and does believe, stating the grounds of 
such belief, that the same were used or employed, or were about 
to be used or employed, in such violation, and will establish the 
tnith thereof upon the trial of such offender. He shall then 
deliver such animals, implements, or other property, to such mag« 
istrate, who shall thereupon, by order in writing, place the same 
in the custody of an officer or other proper person in such order 
named and designated, to be by him kept until the trial or final 
discharge of the offender, and shall send a copy of such order, 
without delay, to the district attorney of the county. The officer 
or person so named and designated in such order, shall imme- 
diately thereupon assume such custody, and shall retain the same 
for the purpose of evidence upon such trial, subject to the order 
of the court before which such offender may be required to appear, 
until his final discharge or conviction. Upon the conviction of 
such offender, the animals, implements, or other property, shall 
be adjudged by the court to be forfeited. In the event of the 
icqnittal or final discharge, without conviction, of such offender, 
«nch court shall, on demand, direct the delivery of the property 
•oheld in custody to the owner thereof. 

L. 1876, ch. 97, | 2, a< amraded L. 1876, cb. 246, f 1. 



SI 



S§ 185-18©] ANIMALS [Art 1« 

§ 185. Overdriving, torturing and injuring animals ; failure to 
provide proper sustenance. 

A person who oveardrives, overloads, tortures or cruelly beats or 
unjustifiably injures, maims, mutilates or kills any animal, 
whether wild or tame, and whether belonging to himself or to 
another, or deprives' any animal of necessary sustenanoe^ food or 
drink, or neglects or refuses to furnish it such sustenance or drink, 
or causes, procures op permits any animal to be overdriven, over- 
loaded, tortured, crueJly beaten, or unjustifiably injured, maimed, 
mutilated or killed, or to be deprived of necessary food or drink, 
or who wilfully sets on foot, instigates, engages in, or in any way 
furthers any act of cruelty to any animal, or any act tending to 
produce such cruelty, is guilty of a misdemeanor. 

Nothing herein contained shall be construed to prohibit or inter- 
fere with any properly conducted scientific experiments or investi- 
gations, which experiments shall be performed only under the 
authority of the faculty of some regularly incorporated medical 
college or university of this state. 

D«riTAtlom: Penal Code, § 655; second paragraph, L. 1S67, eh. 376, | 10. 

People V. Spec. Sesa. (1875), 4 Hun, 441; Davis v. Society (1878), 76 N. Y. 
362, 16 Abb. Pr. (N. S.) 73, aff'g 6 Daly, 81; Warren r. Perry (1878), 14 
Hun, 337; People v. Theobald (1885), 92 Hun, 182; Rutherford v. Krause 
UB04), 8 Misc. 547; Saunders v. Post Standard Co. (1905), 107 App. DW. 
84, 86, 94 N. Y. Supp. 993; McCarg v. Burr (1906), 186 N. Y. 469, 106 App. 
Div. 275, 277, 94 N. Y. Supp. 675; see also People v. Tinsdale, 10 Abb. Pr. 
(N. S.) 374; Broadway Stage Co. v. Am. Soc., etc., 15 Abb. Pr. (N. S.) 61; 
PeoDle V. Brunei!, 48 How. Pr. 435; Paine v. Bergh, 1 City Ct. Rep. 160; 
Ross's Case, 3 City Hall Rec. 191 ; Lachine's Case, 4 City Hall Rec. 26; Morris' 
Case, 6 City Hall Rec. 62; People v. Stokes, 1 Wheel. Cr. Cas. Ill; Callaghan 
V. Society, lo Cox Cr. Cas. 101, 37 Eng. Rep. 813; Ford v. Wiley, 23 Q. B. 
Div. 203, 40 Alb. L. J. 270. 

§ 186. Abandonment of disabled animal. 

A person being the owner or pos-.^^ssor, or having charge or 
custody of a maimed, diseased, disabled or infirm animal, who 
abandons such animal, or leaves it to die in a street, road or public 
place, or who allows it to lie in a public street, road or public 
place more than three hours after he receives nc^ce that it is left 
disabled, is guilty of a misdemeanor. Any ageni or officer of the 
American society for the prevention of cruelty to animals^ or of 
any society duly incorporated for that purpose, or any police 
officer, may lawfully destroy or cause to be destroyed any animal 

32 



Art. 16] ANIMALS [§ 187 

found abandoned and not properly cared for, appearing in the 

judgment of two reputable citizens called by him to view the same 

in his presence, to be glandered, injured or diseased past recovery 

for any useful purpose; or after such agent or officer has obtained 

in writing from the owner of such animal his consent to such 

destruction. When any person arrested i6, at the time of &uch 

arroBty in charge of any animal or of any vehicle drawn by or 

containing any animal, any agent or officer of said society or 

societies or any police (^cer may take charge of such animal and 

of such vehicle and its contents, and deposit the same in a safe 

place of custody, or deliver the same into the possession of the 

police or sheriff of the county or place wherein such arrest was 

made, who shall thereupon assume the custody thereof; and all 

necessary expenses incurred in taking charge of such property 

shall be a charge thereon. 

DeriTatioms Penal Code, fi 650, as amended L. 1888, clis. 144, 400; L. 
1907, ch. 192, § 1. 

Saunders v. Post Standard Co. (1905), 107 App. Div. 84, 86, 94 N. Y. Supp. 
993: Sahr v. Scholle (1895), 89 Hun, 42, 35 N. Y. Supp. 97; People v. 
Christy (1892), 8 N. Y. Cr. 483, 20 N. Y. Supp. 278. 

§ 187. Failure to provide proper food and drink to impounded 
animal. 

A person who, having pounded or confined any animal, refuses 
or neglects to supply to such animal during its confinement a 
sufficient supply of good and wholesome air, food, shelter and 
water, is guilty of a misdemeanor. In case any animal shall bo at 
any time impounded as aforesaid, and shall continue to be without 
necessary food and watfr for more than twelve successive hours, 
it shall be lawful for any person, from time to time, and as often 
as it shall be necessary, to enter into ar.d U}x>n any ])Oiind in 
which any such animal shall bo so confined, and to supply it with 
uecpsf^rv food and water, so Ions: as it shall romain so confined; 
such person shall not be liable to any actian for such entry, and 
the rrason able cost of such food and water mav b' colle'^ii d by bim 
of the owner of such animal, and the said animal shall not be 
exempt from levy and sale upon execution issued upon a judgment 
therefor. 

B«rt¥mtlomt Penal Code, fi 657. All after first sentence is L. 1867, eb, 

88 



§§ 188-191] A^^IMALS [Art- 16 

§ 188. Selling or offering to sell or exposing diseased animal. 

A person who wilfiilay sells or offers to sell, uses, exposes, or causes or per- 
mits to be sold, offered for sale, used or exposiKl, any horse or other animal 
having the dh^ase known as glanders or farcy, or other contagious or infec- 
tious disease dangerous to the life or health of human beings, or animals, or 
which is diseased past recovery, or who refuses upon demand to deprive of life 
an animal affect<d with any such disease, is guilty of a misdemeanor. 

Derivation: Penal Code, § 658. 

Fisher v. Clark, 41 Baib. 329: Mills v. N. Y. & Harlem R. Co., 2 Robt. 236; 
Fultz V. VVycoff, 25 Ind. 321; Katon v. Winne, 20 Mich. 156. 4 Am. Rep. 377; 
Barnum v. Van Dust^n, 16 Conn. 200; MuUett v. Mason, L. R. I. C. P. 559. 

§ 188-a. Selling disabled horses. 

It shall l>e unlawful for any person holding an auctioneer's license know- 
ingly to receive or offer for sale or to sell at public auction, other than at a 
B>ieriff*8 or judicial sale under a court order, any horse which by reason ot 
debility, disease or lameness, or for any other cause, could not be worked in 
ii\U state without violating the law against cruelty to animals. Any person 
violating any provision of thi-s section shall upon conviction be punished by a 
fine of not less than tive dollars nor more than one hundred dollars, or by 
imprisonment f()'' not more than six months, or by both such fine and 
imprisonment. (Ad<ied by L. 1916, ch. 309, in effect April 26, 1916.) 

§ 189. Carrying animal in a cruel manner. 

A person who carries or causes to be carried in or upon any vessel or 
vehicle or otherwise, any animal in a cruel or inhuman manner, or so as to 
produce torture, is guilty of a misdemeanor. 

Derivation: Penal Code, § 659. 

§ 190. Poisoning or attempting to poison animals. 

A person who unjustifinbly administers any poisonous or noxious drug or 
substance to a horse, mule or domestic cattle or unjustifiably exposes any 
such drug, or substance with intent that the same shall be taken by a horse, 
mule or by domestic cattle, whether such horse, mule or domes^tic cattle be 
the property of himself or another, is guilty of a felony, punishable by 
imprisonment in a state's prison, for not more than five years, A person who 
unjustifiably administers any poisonous or noxious drug or substance to an 
animal, other than a horse, mule or domestic cattle, or unjustifiably exposes 
any such drug or substance with intent that the same shall be taken by an 
animal, other than a horse, mule or domestic cattle* whether such animal be 
the propertv of Mm«self or another, is guilty of a misdemeanor. (Amended 
by L. 1910, 'ch. 190, in effect Sept. 1, 1910.) 

Derivation: Penal Code, § 660. 

Pwple V. Knatt (1808), 156 N. Y. 302, 13 N. Y. Cr. 92. 

§ 191. Throwing substance injurious to animals in public 
place. 

A person who wilfully throws, drops or places, or causes to be thrown, 
dropped or placed upon any road, highway, street or public place, any glass, 
nails, pieces of metal, or other «inbstance which might wound, disable or injure 
any animal, is guilty of a misdemeanor. 

Derivation: Penal Code. § 662. 

People V. Sheridan, 1 N. Y. Siipp. 61, 15 N. Y. St. 939. 

34 



Art. 16] ANIMALS [§§ 192-195 

§ 192. Keeping milch cows in unhealthy places and feeding 
them with food producing unwholesome milk. 

A {person who keeps a cow or any animal for tlie production of 
milk, iu a crowded or unhealthy place, or in a diseased condition, 
or feeds such cow or animal ui)on any food that provinces impure 
or unwholesome milk, is punishable by a fine not less than fifty 
dollars, or imprisonment not exceeding one year, or by both. 

Derivation: Penal Code, § 662. 

§ 193. Transporting animals for more than twenty-eight con- 
secutive hours without unloading. 

A railway coriK)ratior, or an owner, agent, consi^iee, or person 
in charge of any horses, sheep, cattle, or swine, in the course of, 
or for transportation, who confines, or causes or suffers the same 
to be confined, in cars for a longer perio<l than twenty -eight con- 
secutive hours, without unloading for rest, water and fee<ling, 
during five consecutive hours, unless prevented by storm or inevit- 
able accident, is guilty of a misdemeanor. In estimating such 
Crtiitinement, the time during which the animals have been confined 
without rest, on connecting roads from which they are received, 
must be computed. If the owner, agent, consignee, or other 
f»er«on in charge of any such animals, refuses or neglects upon 
demand to pay for the care or feed of the animals while so un- 
loaded or rested, the railway company, or other carriers thereof, 
may charge the expense thereof to the owner or consignee and 
shall have a lien thereon for such expense. (Amended by L. 1016, 
cL 173, in effect Sept. 1, 1910.) 

Derivatio:ii: Penal Code. § 663. 

Oallowav v. Erie Railroad Co. (1007). 116 App. Div. 780. 102 N. Y. Supp. 
2.5. 107 App. Div. 210. 214; Hastings v. New York, etc.. R. Co.. 6 X. Y. Supp. 
837. 2.5 X. Y. St. 250. 

§ 194, Running horses on highway. 

A person driving any vehicle n]>on any plank road, turnpike or 
public hiprhway, who unjustifiaWv runs the horses drawinir the 
same, or causes, or permits them to run, is guilty of a miMlemeanor. 

Derivation: Penal Code. § 666. as amcndt'<l L. 1002, q]\. 26G. § 1 : L. 1904, 
ch. .531). 

People. V. Patterson (1902). .38 Misi-. 79. 16 N. Y. Cr. r^{)H. 77 X. Y. Snpp. 
1.55: Harrinjrton v. Citv of X«'w York (190:n. 40 MUo. KWk SI N. Y. Supp. 
W7: People v. Ellig (lfM)3). SM App. Div. 474, S.j \. Y. Supp. 120: Johnson 
T. City of Xow York (1905). 109 App. Div. 821. 82.=>. 96 X. Y. Supp. 754. 

§ 105. Leaving state to avoid provisions of this artcle. 

A person who leaves this state with intent to elude any of the 

35 



§ 196] ANIJJALS [Art. 16 

provisions of this article or to commit any act out of this state 
which is prohibited by them, or who, being a resident of this 
state, does any act without this state, pursuant to such intent, which 
would be punishable imder such provisions, if committed within 
this state, is punishable in the same manner as if such act had been 
committed within this state. 

Derivation: Penal Code, § 667. 

§ 196. To whom fines and penalties are tD be paid. 

All tines, penalties or forfeitures imposed or collected for a 
violation of the provisions of this article, or of any act for the 
prevention of cruelty to animals, now in force or hereafter pa^aed, 
must be paid on demand to the American Society for the Preven- 
tion of Cruelty to Animals ; except where the prosecution shall he 
instituted or conducted by a society for the prevention of cruelty 
to animals duly incorporated under the general laws of this state, 
in which case such fine, penalty or forfeiture must be paid on 
demand to such society. A constable or police officer must, and 
any agent or officer of any said societies may, summon or arrest, 
and bring before a court or magistrate having jurisdiction, any 
person oft'ending against any of the provisions of this article. Any 
officer or agent of any of said societies may lawfully interfere to 
prevent the i>erpetration of any act of cruelty upon any animal in 
his presence. Any person who shall interfere with or obstruct 
any such officer or agent in the discharge of his duty shall be guilty 
of a misdemeanor. Any of said societies may prefer a complaint 
before any court, tribunal or magistrate having jurisdiction, for 
the violation of any law relating to or affecting animals and may 
aid ill presenting the law and facts before such court, tribunal or 
magistrate in any proceeding taken. The officers and agents of all 
duly incorporated s«x;ieties for the prevention of cruelty to animals 
or children are hereby declared to be peace officers within the 
provisions of section one hundred and fifty-four of the code of 
criminal procedure. (Amended by L. 1918, ch. 374, in effect 
Sept. 1, 1918.) 

Derivation: Penal Code, § 668, a» amended L. 1888, chs. 144, 490. 

Amer. Society v. Citv of Glovorsville (1894), 78 Hun 40, 4 X. Y. St. 808. 
25 Week. Dig. 220, 20 X. Y. Siipp. 257 ; Fox v. Mohawk, etc., Societv ( 1897 ) . 
20 Misc. 467, 46 X. Y. Supp. 232, rev*d 25 App. Div. 30, 48 N. Y. Supp, 62.-,, 
ard 165 X. Y. 617. 

36 



ARTICLE 18. 

AB80N. 

8Ecno!f 220. Definitions. 

221. Arson in first degree. 

222. Arson in second degree. 

223. Arson in third degree. 

224. Punishment for arson. 

225. Intent to destroy building requisitt. 
22(3. Contiguous buildings. 

227. Ownership of building. ^ 

§220. Definitions. 

Building. Any house, vessel, or other structure, capable of af- 
fording shelter for human beings, or a.ppurtenant to, or connected 
with a structure so adapted, is a *' building " within the meaning 
of this article. 

Inhabited building. A building is deemed an " inhabit^'d build- 
ing" within the meaning of this article, any part of which has 
usually botn occupied by a person hxlging therein at night. 

Xight time. The Mords ** night time," as used in this article, 
include the peri<>d between sunset and sunrise, and every building 
or structure, which shall have been usually occupied by persons 
lodging therein at night, is a dwelling house within the meaning 
.of this article. 

DeriTation: Penal Code, §9 492-494. 

BnUdiac-— House v. Catskill, etc.. Steamboat Co. (1891), 69 Hun, 82, 35 
X. Y. St. 493, 13 X. Y. Supp. 128; State v. Johnson, 48 Ga. 116, 51 Cal. 320, 
34 id. 245, 12 Cox C. C. 100, 1 Mete. 258. 23 I'pper Can. Q. B. 492, 1 Leaeh, 
318.2 Root. 516, 4 Gill & J. 402; State v. O'Toole, 29 Conn. 342, 5 Upper Can. 
QB. (0. S.) 522; Com. v. Barney, 10 Cush. 478. 

Ualilted BvildinB.— Peo])le v. Cotteral, 18 Johns. 115; Smith v. State, 
23 Tex. App. 357, 59 Am. Rep. 773. 

§ 221. Arson in first degree. 

A person who wilfully bums, or sets on fire, in the night time: 
1- A dwelling-house in which there is, at the time, a human 
k^iag; or, 
*• A car, vessel, or other vehicle, or a structure or building other 

37 



§§ 222-223] ARSON [Art 18 

than a dwelling-house, wherein, to the knowledge of the oflFender, 
there is, at the time, a human being. 
Is guilty of arson in the first degree. 

Derivation: Penal Code, 9 486. 

Woodford V. People (1874), 62 N. Y. 117, 3 Hun, 310; Levy v. People 
(18S0), 80 N. Y. 327, aff*g 19 Hun, 383; People v, Fanahawe (1893), 137 N. 
Y. 68, 47 N. Y. St. 335, 65 Hun, 83, 19 N. Y. Supp. 865; McKelvey v. Marsh 
(1901), 63 App. Div. 396, 71 N. Y. Supp. 541; People v. Wagner (1904), 180 
N. Y. 58; see also People v. Henderson. 1 Park, 560; People v. Orcut, 1 Park, 
252; Hennesiy v. People, 21 How. Pr. 239; People v. Butler, 16 Johns. 203. 

§ 222. Arson in second degree. 

A person who: 

1. Commits an act of burning in the day time, which, if com- 
mitted in the night time, would b? arson in the first degree; or, 

2. Wilfully burns, or sets on fire, in the night time, a dwelling- 
house, wherein, at the time, there is no human being; or, 

3. Wilfully bums, or sets on fire, in the night time, a building 
not inhabited, but adjoining or within the curtilage of an inhabited 
building, in which there is,* at the time, a human being, so that the 
inhabited building is endangered, even though it is not in fact in- 
jured by the burning; or, 

4. Wilfullv burns, or sets on fire, in the ui«»'hf time a car, 

9 

vessel, or other vehicV, or a structure or buildimr, ordinarily 
occupif <1 at night by a human being, although no person is within 
it at the time; or, 

5. Wilfully burns, or sets on fire, a vessel, car, or other vehicle, 
or a building, structure, or other erection, which is at the time in- 
sured agaiuiit loss or damage by fire, with intent to prejudice or 
defraud the insurer thereof, 

Is guilty of arson in the second degree. (Amended by L. 1913, 
ch. 154, in effect Sept. 1, 1913.) 

Derivation: Penal Code, 9 487. 

People V. Burton (1894), 77 Hun, 498, 28 N. Y. Supp. 1081; People v. Fitz- 
gerald (1897), 20 App. DIv. 140, 46 N. Y. Supp. 1020, 12 N. Y. Cr. 524; Peo- 
ple V. Smith (1899), 37 App. Div. 280, 55 N. Y. Supp. 932, 14 N. Y. Cr. 83; 
see, also, People v. Durkin, 5 Park. 243; PevereUey v. People, 3 Park. 59; 
Isaac's Case, 2 East P. C. 1031; State v. McLaughlin, 8 Jones 354; People 
V. Taylor, 2 Mich. 250; Roberts* Case, 2 East P. C. 1020; Rex v. Peltey, 
Leach C. C. 277; Rex v. Fletcher, 2 Car. & K. 215, 2 Rubs. 550. 

§ 223. Arson in third degree. 

A person who wilfully burns, or sets on fire a vessel, car, or 
other vehicle, or a building, structure, or other erection, under cir- 
cumstances not amounting to arson in the first or second degree, 

38 



Art. 18] . ARSON [^^ 224-226 

Ts giiilty of arson in the third degree. (Amended by L. 1913, 
ch. 154, in effect Sept. 1, 1913.) 

D«rlTation: Penal Code, § 488. 

Shepherd v. People (1859), 19 N. Y. 537; Greenfield v. People (1881), 85 
N. Y. 75, aff'g 23 Hun, 154; Camcross v. People (1883), 1 N. Y. Cr. 518; 
IV^ple V. Newton (1885), 3 N. Y. Cr. 400; People v. O'Neil (1889), 112 N. 
Y. 355. aff'g 49 Hun, 422, 4 N. Y. Supp. 119; People v. Fanshawe (1893), 
137 N. Y. 68, aff'g 6» Hun, 77. 19 N. Y. Supp. 865; People v. Butler (1901), 
«2 App. Div. 608, 71 N. Y. Supp. 129, 15 N. Y. Cr. 508; People v. Brown 
(1906), 110 App. Div. 490, 06 N. Y. Supp. 957; see also People v. Hendei-son, 
1 Park, 560. 

^ 224. Punishment for arson. 

Arson is punishable as follows: 

1. In the first degree, by imprisonment for a term not exceeding 
forty years. 

2. In the second degree, by imprison mimt for a term not exceed- 
ing twenty-five years. 

3. In the third degree, by imprisonment for a term not exceed- 
ing fifteen years. 

DerlTAtionx Penal Code, § 489, as amended L. 1892, ch. 662, 8 12; L. 
1895. ch. 902, 9 1; L. 1897, ch. 549, S 1. 



§ 225. Intent to destroy building requisite. 

The burning of a building under circumstances which show 
beyond a reasonable doubt that there was no intent to destroy it,- 
is not arson. 

DeHvatiomx Penal Code, § 490. 

People V. Fanshawe (1893), 137 N. Y. 68. aff'g 65 Hun, 77, 19 N. Y. Supp. 
865; see also People v. Jones, 2 Edm. Sel. Cas. 86; People v. Long, 2 Edm. 
Sel. Cas. 129. 

§ 226. Contiguous buildings. 

Where an appurtenance to a building is so situated with refer- 
ence to such building, or w^here any building is so situated with 
rfference to another building that the burning of the one will man- 
ifestly endanger the other, a bumino; of the one is deemed a burn- 
ing of the other, within the foregoing: provisions, against any person 
•etutlly participating in the original setting on fire, as of the 

39 



SMT] ARSON [Art. 18 

moment when the fire from the one communicates to and sets on 
fire the other. 

DerlTation: Penal Code, 9 491. 

Woodford V. People (1874), 3 Hun, 310, 62 N. Y. 117; Arkell v. Insurance 
Co. (1877), 69 N. Y. 193, aif'g 7 Hun, 455: see also Hennessey v. People, 21 
How. Pr. 239 ; Olsen v. Insurance Co., 35 Minn. 432, 59 Am. Rep. 333. 

§ 227. Ownership of building. 

To constitute arson it is not necessary that another person than 
the defendant should have had ownership in the building set on fire. 

DeriTation: Penal Code, § 495. 

Shepherd v. People, 19 N. Y. 537; State v. Taylor, 45 Me. 322; People t. 
Smith, 3 How. Pr. 226; People v. Van Blarcum, 2 Johns. 106. 



40 



Art. 20] • ASSAULT [§ 240 



ARTICLE 20. 

ASSAULT. 

8ICTI05 240. Assault in first degree defined. 

241. Punishment for assault in first degree. 

242. Assault in second degree. 

243. Punishment for assault in second degree. 

244. Assault in third degree. 

245. Punishment for assault in third degree. 

246. Use of force not unlawful in certain cases. 

\ 

■ 

§ 240. Assault in first degree defined. 

A person who, with an intent to kill a human being, or to commit 
a felony upon the person or property of the one assaulted, or of 
another : 

1. Assaults another with a loaded firo arm, or any other deadly 
weapon, or by any other means or force likely to produce death; 
or, 

2. Administers to or causes to be administered to or taken by 
another, poison, or any other destructive or noxious thing, so as 
to endanger the life of such other. 

Is guilty of assault in the first degree. 

DerlTatiomx Penal Code, § 217. 

Foster v. People (1872), 60 N. Y. 598, 603; Lenahan ▼. People (1874), 3 
Hun, 164; Filkins v. People (1877), 69 N. Y. 101, 25 Am. Rep. 
143, rev'g 1 Sheld. 104; People v. Whedon (1884), 2 N. Y. Cr. 
318; People v. Carltbn (1885), 115 N. Y. 618; People v. Sulli- 
van (1885), 4 N. Y. Cr. 193; People v. Burgess (1887), 46 Hun, 167, 
5 N. y. Cr. 514; People v. Dartmore (1888), 48 Hun, 320, 2 N. Y. Supp. 310; 
People V. Connor (1889), 53 Hun, 352, 6 N. Y. Supp. 220; People v. Ryan 
(1889), 55 Hun, 214, 8 N. Y. Supp. 241, 7 N. Y. Cr. 448; People v. 0*Connell 
(1891), 60 Hun, 109, 14 N. Y. Supp. 485; People v. Rockhill (1893), 74 
Hun, 241, 26 N. Y. Supp. 222; People v. O'Connor (1903), 82 App. Div. 61, 
81 X. Y. Supp. 556; People v. Huson (1906), 197 N. Y. 97, rev*g 114 App. 
Div. 693, 99 N. Y. Supp. 1081, 20 N. Y. Cr. 338; People v. Way (1907), 119 
App. Div. 344, 104 N. Y. Supp. 277, 21 N. Y. Cr. 150, atPd 191 X. Y. 633; 
People V. Randazzo (1908), 127 App. Div. 825; see also People v. Johnson, 9 
Week. Dig. 384; People v. Cavanaugh, 62 How. Pr. 187; People v. O'Dell, 14 
Week. Dig. 403; O'Leary v. People, 18 How. Pr. 187, 193; People v. Shaw, 1 
Park, 327; People v. Vinegar, 2 Park, 224; Hagaman's Case, 3 City Hall Rec. 
73; State v. Keasling, 74 Iowa, 528; Mulligan v. People, 5 Park, 106; People 
T. Morehcmse, 26 K. Y. St. 294; Blige v. State. 20 Fla. 742, 61 Am. Rep. 628; 
Tnrmio ▼. State, 27 Tex. App. 372; Lacefield ▼. State, 34 Ark. 276, 39 im. 

41 



§S 241-242] ASSAULT [Art. 20 

Rep. 8; Dunaway v. People, 110 111. 333, 51 Am. Rep. 686; McGehee v. State, 
62 Miss. 772, 52 Am. Rep. 209; Chapman v. State, 78 Ala. 463, 56 Am. R^. 
42; State v. Taylor, 20 Kan. 643; State v. Sears, 86 Mo. 169. 

§ 241. Punishment for assault in first degree. 

Assault in the first degree is punishable by imprisonment for a 
term not exceeding ten years. 

DeriTAtion: Penal Code, § 220. as amended L. 1892, ch. 662, 8 6. 

People V. 0*Connell (1891), 60 Hun, 109. 14 X. Y. Supp. 485: People ex 
rel. Gately v. Lage (1890), 17 Misc. 713, 41 N. Y. Supp. 531; People v. Huson 
(1907), 187 N. Y. 100. 

§ 242. Assault in second degree. 

A person who, under circuinstance!S« not amounting to the crime 
specified in section two hundre-d and forty, 

1. With intent to injure, unlawfully administers to, or causes 
to be administered to, or takeiti by another, poison, or any other 
destructive or noxious thing, or any drug or medicine the use of 
which is dangerous to life or health ; or, 

2. With intent thereby to enable or assist himself or any other 
person to commit any crime, administers to or causes to be admin-* 
istered to, or taken by another, chloroform, ether, laudanum, or 
any other intoxicating narcotic or ana?sthetic agent ; or, 

3. Wilfully and wrongfully wounds or inflicts grievous bodily 
harm upon another, either with or \yithout a weapon; or, 

4. Wilfully and wrongfully assaults another by the use of a 
weapon, or other instniment or thing likely to produce grievous 
bodily harm ; or, 

5. Assaults another with intent to commit a felony, or to pre- 
vent or resist the execution of any lawful process or mandate of 
any court or officer, r>r the* lawful apprehension or detention of 
himself, or of any other person. 

Is guilty of assault in the second degree. 

DerlTAtion: Penal Code, § 218, ns amended L. 1882, ch. 384, S 1. 

People V. Haker (1882), 89 X. Y. 400; Poopl.. v. Irvinfr (1883), 2 N. Y. 
Cr. 47, 31 Hun, 615; People v. Cole (1883), 2 N. Y. Cr. 108; People v. Hall 
( 1883), 2 N. Y. Cr. 134: People v. Cooper (1884). 3 N. Y. Cr. 117; People v. 
Sullivan (1885). 4 X.Y.Cr. 11>3. 199; People v. Clark ( 1885), 3 N. Y. Cr. 280; 
People V. Sweeney (ISSrt), 41 Hun, 332. 4 N. Y. Cr. 283; People v. Shanley 
(188«). 40 Hun, 477. 4 N. Y. Cr. 472: People v. Moore (1888), 50 Hun, 366. 
3 N. Y. Supp. 15!>; People v. Connor (1880). 53 Hun, 353, 6 N. Y. Supp. 220, 
7 N. Y. Cr. 468; People v. Ryan (1889), 55 Hun, 214, 8 N. Y. Supp. 214, 7 
N. Y. Cr. 448; People v. Murray (1880), 54 Hun, 406, 7 N. Y. Supp. 648; 

42 



Art. 20] . ASSAULT [§§ 243-244 

People V. Barber (1893), 74 Hun, 368, 26 N. Y. Supp. 417; People v. Hanni- 
gan ( 1899), 42 App. Div. 617, 68 N. Y. Supp. 703, 14 N. Y. Cr. 144; People ▼. 
Garner (1901), 64 App. Div. 410, 72 N. Y. Supp. 66, aff'tl 165 N. Y. 685; 
People V. Dankberg (1904), 91 App. Div. 67, 86 N. Y. Supp. 423; People v. 
Huter (1906), 184 N. Y. 242, 20 N. Y. Cr. 41; People v. Randazzo (1908), 
127 App. Div. 825; see also Codd v. Cabe, I Excli. Div. 352, 18 Eng. R«p. 353- 
358 note; Hays v. People, 1 Hill, 361; Queen v. Riley, 18 Q. B. Div. 481, 38 
Kng. Rep. 537; People v. Kirwan, 22 N. Y. Supp. 160; People v. Aldricb, 11 
X. Y. Supp. 464; Simpson v. State, 59 Ala. 1, 31 Am. Rep. 1; People v. Mc- 
Kenzie, 6 App. Div. 199; Queen v. Clarence, 22 Q. B. Div. 23; People v. Cava- 
naugh, 62 How. Pr. 187; People v. Stacy, 104 N. Y. Supp. 6L6. 

§ 243. Punishment for assault in second degree. 

Assault in the second degree is punishable by imprisonment in 
a fienitentiary or state prison for a tenu not exc€eding five years, 
or by a fine of not more than one thousand dollars, or both. 

DeriTAtiom: Penal Code, § 221, as amended L. 1892, ch. 662, { 7. 

People V. Sweeney (1886), 41 Hun, 340, 4 N. Y. Cr. 283; People ex rel. 
iiately v. Lagc (1897), 13 App. Div. 136. 12 N. Y. Cr. 200, rev*g 17 Miec. 
712, 43 N. Y. Supp. 372; People v. Stock (1898), 26 App. Div. 567, 50 N. Y. 
Supp. 483; People ex rel. Sciiali v. Deyo (1905), 181 X. Y. 425, 19 N. Y. Cr. 
441, rev'g 103 App. Div. 126, 127, 93 N. Y. Supp. 80, 19 N. Y. Cr. 440; People 
V. Stacy (1907), 119 App. Div. 743, 747, 104 N. Y. Supp. 615, 21 N. Y. Cr. 
220; see also People v. Terrell, 11 N. Y. Supp. 365; People v. Hale (1883), 
18 Week. Dig. 213, 1 N. Y, Cr. 533. 

§ 244. Assault in third degree. 

A person who commits an assault, or ail assault and battery, 
uot such as is specified in sections two hundred and forty and two 
hundred and forty-two, is guilty of assault in the third degree. 

DwiTattoai Penal Code, 9 219. 

Coming t. Coming (1851), 6 N. Y. 97; Hays v. People (1865), 1 Hill, 351, 
cited in People v. Bransbey, 32 X. Y. 625; Slattery v. People (1874), 1 Hun, 
311; People V. Court of Special Sessions (1879), 18 Hun, 330; People v. Per- 
son (1884), 2 N. Y. Cr. 114; Matter of Gray (1884), 2 N. Y. Cr. 302, 307; 
People V. Masehke (1884), 2 N. Y. Cr. 168; People v. Moore (1888), 50 Hun, 
356, 3 N. Y. Supp. 169; People v. Drake (1892), 10 N. Y. Cr. 31, 47 K. Y. St. 
783, 20 N. Y. Supp. 228; People v. Parker (1893), 00 Hun, 130, 23 N. Y. 
Supp. 704; People v. Bracco (1893), 69 Hun, 206, 23 N. Y. Supp. 505; People 
V. Curren (1896), 2 App. Div. 307, 37 N. Y. Supp. 803; People v. Kastner 
(1905), 101 App. Div. 265, 91 X. Y. Supp. 1004, 19 N. Y. Cr. 57; Mntt^jr of 
Btrtholomew (1905), 106 App. Div. 371, 373, 374, 94 N. Y. Supp. 512; People 
T. Jaeobs (1906), 61 Misc. 73, 100 X. Y. Supp. 734; People ox rel. Bidwell 
▼.Pitta (1906), HI App. Div. 320, 07 X. Y. Supp. 511; People v. Stacy 
(1W7), 119 App. DiT. 743, 104 X'. Y. Supp. 616, 21 X. Y. Cr. 220; People 
n reL Gow t. Bingham (1907), 57 Misc. 75, 107 N. Y. Supp. IQll, %l IK. 1C« 

43 



§§ 245-246] ASSAULT [Art. 20 

Cr. 568; see also Coward v. Baddeley, 28 L. J. Exch. 261; Matter of Bray, 12 
N. Y. Supp. 367, 34 N. Y. St. 642; Rawlings v. Sill, 3 M. & W. 28; The Quten 
T. Lock, L. R. 2 Cr. Cas. Res. 10, 4 Eng. Rep. 512; Reg. v. Wollaston, 12 Cox 
C. C. 180, 2 Eng. Rep. 234; Rex v. Cockburn, 3 Cox C. C. 643; Rex v. Case. 
4 Cox C. C. 220; Rex v. McGavarun, 6 Cox C. C. 64; People v. Lee, 1 Wheel. 
Cr. Cas. 364; Kirkland v. State, 43 Ind. 146, 13 Am. Rep. 386; Clark v. 
Downing, 66 Vt. 259, 45 Am. Rep. 612; Goodwin's Case, 6 City Hall Rec. 9: 
Faime's Case, 5 City Hall Rec. 95; People v. Powers, 1 Wheel. Cr. Cas. 405; 
Spence v. Duffy, 1 City Hall Rec. 39; Com. v. Hagenlock, 140 Mass. 125; Gray 
V. State, 63 Ala. 66, 73; Smith v. State, 30 Miss. 521, 525; People r. Yslas, 27 
Cal. 630; Clark v. Downing, 55 Vt. 259, 45 Am. Rep. 612. 

§ 245. Punishment for assault in third degree. 

Assault in the third degree is punishable by impriaonmeut for 
not more than one year, or by a fine of not more than five hundred 
dollars, or both. 

Derivationx Penal Code, 9 222. 

People ex rel. Devoe v. Kelly (1884), 97 N. Y. 212, 2 N. Y. Cr. 428, 32 Hun, 
640; People v. Stacy (1907), 119 App. Div. 743, 748, 104 N. Y. Supp. 616, 21 
N. Y. Cr. 220; see also People v. Sutton, 6 N. Y. Supp. 95; Matter of Bray, 
12 N. Y. Supp. 367. 

§ 246. Use of force not unlawful in certain cases. 

To use or attempt, or oflFer to use, force or violence upon or 
towards the person of another is not unlawful in the following 
cases: 

1. When neceesarify committed by a public ofiicer in the per- 
formance of a legal duty ; or by any other person assisting him 
or acting by his direction; 

2. When necessarily committed by any person in arresting one 
who has committed a felony, and delivering him to a public officer 
competent to receive him in custcxly; 

3. When committed either by the party about to be injured or 
by another person in his aid or defense, in preventing or attempt- 
ing to prevc nt an offense against his person, or a trespass or other 
unlawful interfen nee with real or personal property in his lawful 
possession, if the force or violence used is not more than sudicient 
to prevent such offense ; 

4. When committed by a parent or the authorized agent of any 
parent, or by any guardian, master, or teacher, in the exercise of t 
lawful authority to restrain or correct his child, ward, apprentice 
or scholar, and the force or violence used is reasonable in manner 
and moderate i& degree; 

44 



^Jt 201 ASSAULT [§ 246 

5, When committed by a carrier of passengers, or the authorized 
•g^ts or servants of such carrier, or by any person assisting them, 
at their request, in expelling from a carriage, railway car, vessel 
or other vehicle, a passenger who refuses to obey a lawful and 
reasonable regulation prescribed for the conduct of passengers, if 
such vehicle has first been stopped and the force or violence used 
is not more than sufficient to expel the offending passenger, with 
a reasonable regard to his personal safety ; 

6. When committed by any person in preventing an idiot, 
lunatic, insane person, or other person of unsound mind, includ- 
ing persons temporarily or partially deprived of reason, from 
oammitting an act dangerous to himself or to another, or in en- 
forcing such restraint as is necessary for the protection of his 
person or for his restoration to health, during such period only 
as shall be necessary to obtain legal authority for the restraint or 
custody of his person. 

Derlvatiomx Penal Code, § 223. 

Shorter v. People (1849), 2 N. Y. 193; People v. Sullivan (1852), 7 N. Y. 
396; Hibbard v. N. Y., etc. (1857), 15 N. Y. 455; Sanford v. Eighth Ave. R. 
Co. (1861), 23 N. Y. 343; Higgins v. Watervliet, etc., Co. ( 1871), 46 N. Y. 23; 
Ruloff V. People (1871), 45 N. Y. 213, 6 Lans. 261, 11 Abb. (N. S.) 245; 
People V. Evers (1875), 63 N. Y. 625, 3 Hun, 716; Pease v. Railroad Co. 
(1885), 101 N. Y. 370-371, rev'g 11 Daly, 350; People v. O'Connor (1903), 82 
App. Div. 55, 81 N. Y. Supp. 555; People v. Gaimari (1903), 176 N. Y. 96; 
People V. Dankberg (1904), 91 App. Div. 67, 86 N. Y. Supp. 423; People v. 
Dinser (1905), 49 Misc. 82, 84, 98 N. Y. Supp. 314; Magar v. Hammond 
(1906), 183 N. Y. 387, 390; see also Harrington v. People, Barb. 607; Hagar 
T. Danforth, 20 Barb. 16; Star v. Liftchild, 40 Barb. 541; Carey v. People, 45 
Barb. 262; Patterson v. People, 46 Barb. 625; Gyre v. Culver, 47 Barb. 592; 
People V. Lamb, 54 Barb. 342, 2 Keyes, 360; People v. Austin, 1 Park, 154; 
People V. Gibson, 3 Park, 234 ; People v. Adler, 3 Park, 249 ; People v. Cole, 4 
Park, 36; Conraddy v. People, 5 Park, 234; People v. Wolven, 7 N. Y. Leg. 
Obs. 89; Hernandez v. Carnobeli, 10 How. Pr. 433, 4 Duer, 642; People v. 
Gulick. Hill & Den. Supp. 229. I^lor, 229; Morris Case, 1 City Hall Rec. 
52; Prieat v. Railroad Co., 110 Abb. (N. S.) 60, 40 How. 456; People v. Bush, 
1 Wheel. Cr. Cas. 137, 138, note; People v. McArdle. 1 Wheel. Cr. Cas. 101; 
People V. Phillips, 1 Wheel. Cr. Cas. 155: People v. Sniffen, 1 Wheel. Cr. Cas. 
512; Com. v. Max, 8 Phila. 422; Reneau r. State, 2 I^ea, 720; Com. v. Ruggles, 
6 Allen, 588; Golden v. Stato, 1 Rich. (N. S.) 292; Com. v. Randall, 4 Gray, 
36; Cooper v. State, 8 Baxt. 324, 35 Am. Rep. 704; Stat^ v. Pendergrass, 2 
Dev. k Batt. 366; Clements v. State, m Ala. 117; State v. Hull, 34 Conn. 132; 
Van Vactor v. State, 113 Ind. 276; State v. Mizner, 45 Iowa, 248, 24 Am, Rep. 
769; Deakins ▼. Gose, 85 Mo. 485, 55 Am. Rep. 387; Anderson v. State, 3 Head 
(Tenn.), 466; Button v. State, 23 Tex. Ct. App. 386; Snowden v. State, 12 
Tex. Ct App. 106, 41 Am. Rep. 667; Lander v. Seaver, 32 Vt. 114, 76 Am. 
Dee. 163; State v. Burton, 45 Wis. 150, 18 Am. I^w. Reg. (N. S.) 2S3, 238. 
Bote; BUmmbamt Co .v. Brockett, 121 U. S. 637. 

45 



§§ 260-261] ATTEMPT TO COMMIT CRIME t^rt- »^ 



ARTICLE 22. 

ATTEMPT TO COMMIT CBIM& 

BKcnoN 260. Attempt to commit crime. 

261. Punishment for attempt to commit crimt. 

262. Restrictions under preceding section. 

§ 260. Attempt to commit crime. 

A person may be convicted of an attempt to commit a crime, 
although it appears on the trial that the crime was consummated, 
unless the court, in its discretion, discharges the jury and directs 
the defendant to be tried for the crime itself. 

DerlTAtion: Penal Code, § 685. 

Sullivan v. People (1882), 27 Hun, 38; Darrow v. Family Fund Society 
(1886), 42 Hun, 245, afT'd 110 N. Y. 537, 15 Am. St. 430: People v. Dartmore 
(1888), 48 Hun, 321, 2 N. Y. Supp. 310; People v. 0*Connell (1891), 60 Hun. 
109, 14 N. Y. Supp. 485; People v. Gardner (1894), 73 Hun, 66, 25 N. Y. 
Supp. 1072, modTg 144 N. Y. 119; People v. Mills (1904), 91 App. Div. 331, 
86 N. Y. Supp. 529, 18 N. Y. Cr. 127, aff'd 178 N. Y, 274. 

§ 261. Punishment for attempt to commit crime. 

A person who unsucceijaifully attempts to commit a crime is in- 
dictable and punishable, unless otherwise specially prescribe*! by 
statute, as follows: 

1. If the crime attempted ia punishable by the death of the 
offender, or by imprisonment for life, the person convicted of the 
attempt is punishable by imprisonment for not more than twenty- 
five years. 

2. In any other case, he is punishable by imprisonment for not 
more than half of the longest term, or by a tine not more than one- 
half of the lai-gest sum prescribed upon a conviction for the com- 
mission of the offense attempted, or by both such fine and im- 
prisonment. 

DerlTAtion: Penal Code, § 686, as amended L. 1902, ch. 116. 

People V. Johnson (1888), 110 N. Y. 141; People v. Moran (1890), 123 N. 
Y. 254, rev'g 54 Hun, 279. 7 N. Y. Supp. 582; People v. Mosier (1902), 73 
App. Div. 5, 9, 16 N. Y. Cr. 541, 76 N. Y. Supp. 65; People v. Mills (1004), 
178 N. Y. 274, aflTg 91 App. Div. 331. 86 N. Y. Supp. 529. 18 N. Y. Cr. 127. 

46 



Art. 22J ATTEMPT TO COMAIIT CRIME [§ 268 

<^ 262. Restrictions upon preceding section. 

Section two hundred and sixty-one does not protect a person 

who, in attempting unsuccessfully to commit a crime, acconip- 

i-lns the commission of another and different crime, whether 

;r-' ntiT or less in guilt, from suffering the punishment prescribed 

' y law for the crime committ^ed. 

DeriTAtiomx Penal Cod<!, 9 687. 



X ^ 



g 270j ATTORNEYS . [Art. 24 



ARTICLE 24. 

ATTOBHET8. 

Section 27o. Practicing or appearing as attorney without being admitted and 

registered. 

271. None but attorneys to practice in New York city. 

272. Penalty for violation of last section. 

273. Misconduct by attorneys. 

274. Buying demands on wliicli to bring an action. 

275. Limitation of preceding section. 

276. Application when party prosecutes in person or by a corporation. 

277. Use of attorney's name bv another. 

278. Attorneys forbidden to defend criminal prosecutions carried on 

by their partners, or formerly by themselves. 

279. Attorneys may defend tliemselves. 

280. Corporations and voluntary associations not to practice law. 

§ 270. Practicing or appearing as attorney without being 
admitted and registered. 

It shall be unlawful for any natural person to practice or appear as 
an attorney-at-law or as attorney and counselor-at-law for another in 
a court of record in this state or in any court in the city of New York, 
or to make it a business to practice as an attomey-at-law or as an 
attorney and counselor-at-law for another in any of said courts, or to 
make it a business to solicit employment for a law^yer, or to furnish 
attorneys or counsel or an attorney and counsel to render legal services, 
or to hold himself out to the public as being entitled to practice law as 
aforesaid, or in any other manner, or to assume to be an attorney or 
counselor-at-law, or to assume, use, or advertise the title of lawyer, or 
attorney and counselor-at-law, or attorney-at-law, or counselor-at-law, 
or attorney, or counselor, or attorney and counselor, or equivalent 
terms in any language, in such manner as to convey the impression 
that he is a legal practitioner of law or in any manner to advertise that 
he eitiier alone or together with any other persons or person, has, owns, 
conducts or maintains a law office or law and collection office, or office 
of any kind for the practice of law, without having first been duly and 
regularly licensed and admitted to practice law in the courts of record 
of tiiis state, or, in case of persons licensed and admitted prior to July 
first, eighteen hundred and forty-seven, without having first been duly 
and regularly licensed and admitted to practice as attorney of or in 
the then supreme court or as solicitor in chancery or of the court of 

48 



Art. 24] ATTOKXETS [§§ 271-273 

chancery, and without having taken the constitutional oath and with- 
out having subscribed and taken the oath or affirmation required by 
sKtion four hundred and sixty-eight of the judiciary law and filed the 
same in the office of the clerk of the court of appeals as required by 
?a'u! section. Any person violating the provisions of this section is 
guilty of a misdemeanor and it shall be the duty of the district attor- 
n^vs to enforce the provisions of this section and to prosecute all viola- 
tions thereof. (Amended by L. 1917, eh. 783, in effect Sept. 1, 1917.) 

DeriTatioAx L. 1898, ch. 165, § 4, as amended L. 1899, ch. 225, 9 2. 

§ 271. None but attorneys to practice in cities of the first or 
Ncond class. 

A person shall not ask or receive, directly or indirectly, com- 
pensation for appearing as attorney in a court or before any mag- 
istrate in any city of the first or second class, or make it a business 
to practice as an attorney in a court oi before a magistrate in any 
city of tlie first or second class, unless he has been regularly ad- 
mitted to practice, as an attorney or counselor, in the courts of 
rerord of the state, but nothing in this act shall be held to apply 
to officers of societies for the prevention of cruelty, duly appointed, 
when exercising the special powers conferred upon such corpora- 
tions under article six of the membership corporations law. 
(Amended by L. 1910, ch. 327, in effect Sept. 1, 1910-) 

Derivation: Code CiTfl Procedure. § 63. 

People V. Parr (1»86), 42 Huu. 818; Braplan v. Herman (1902). 87 Wac 
i»2 To N. Y. Supp. 1002 ; Matter of Bolte (1904), 97 App. Div. 654. 572, 90 
X v. Supp. 499; Burr v. Walter (1905), 104 App. Div. 46. 93 N. Y. Supp, 
311. flatter of Kaflfenburgh (1906), 115 App. Div. 848. 101 N. Y. Supp. 507; 
Tynan v. Mart (1907). 63 Misc. 60. 108 N. Y. Supp. 1088; see also 75 N. Y. 
Supp. 1003, 58 How. 818, 9 Daly, 102. 

§ 272. Penalty for violation of last section 

A person who violates the last section i^ guilty of a misdemeanor, 
and shall be punished by imprisonment in the county jail, not exceed- 
ing one month, or by a fine of not less than one hundred dollars or 
more than two hundred and^ fifty dollars, or by both such fine and 
imprisonment. 

But this and the last section do not apply to a case where a person 
appears in a cause to which he is a party. 

DerlTation: Code Civil Proc., § 64 in part. For remainder of said section, 
lee § 1877, past. 

People ex rel. Laughlin v. Finn (1881), 26 Kun. 58 : Garvey v. Owens 
(1885), 37 Misc. 502 ; Ellenstein v. Klee (1895). 12 Misc. 113, 83 N. Y. Supp. 
W: Matter of Bolte (1904). 97 App. Div. 572, 90 N. Y. Supp. 499 ; Matter 
of Kaffenburgh (1906). lib App. Div. 849, 101 N. Y. Supp. 507; see also 7ff 
N. Y. Supp. 1002. 

§ 278. Hisconduct by attorneys. 
An attorney or counselor who : 

49 



§ 274] ATTORXEYS [Art. 24 

1. Is giiilty of any deceit or collusion, or consents to any deceit 
or collusion, with intent to deceive the court, or any party ; or, 

2. Wilfully delays his client's suit with a view to his own gain;r 
or, wilfully receives any money or allowance for or on account of 
any money which he has not laid out, or become ans^werable for, 

Is guilty of a misdemeanor, and in addition to the punishment 
prescribed therefor by this chapter, he forfeits to the part"- injured 
treble damages, to be recovered in a civil action. 

DeHvation: Penal Code, § 1-18; Code of Civil Prcc, §§ 70-71. 

Looff V. Lawton (1878), 14 Hun, 588: Ppinle v. T>?avey (18S0^. 3S mm, 
418, 39 Ilun, 364. 4 N. Y. Cr. 1; People v. Oishei (1897), 20 Misc. 16H, 12 N. 
y. Cr. 362, 45 N. Y. Supp. 49; People v. Hummell (1906), 49 Misc. 137. 119 
App. Div. 163, 98 N. Y. Supp. 713, 20 N. Y. Cr. 240; Matter of Manheim 
(1906), 113 App. Div. 137, 99 N. Y. Supp. 87; see also Nevena Case, 5 City 
Hall Rec. 79. 

§ 274. Buying demands on which to bring an action. 

An attorney or counselor shall not: 

1. Directly or indirectly, buy, or be in any manner interested 
in buying, a bond, promissory note, bill of exchange, book debt, or 
other thing in action, with the intent and for the purpose of bring- 
ing an action thereon. 

2. By himself, or by or in the name of another person, either 
before or after action brought, promise or give, or procure to be 
promised or given, a valuable consideration to any person, as an 
inducement to placing, or in consideration of having placed, in his 
hands, or in the hands of another person, a demand of any kind, 
for the purpose of bringing an action thereon, or of represeniing 
the claimaJit in the pursuit of any civil remedy for the recovery 
thereof. But this subdivision does not apply to an agreement 
between attorneys and counselors, or either, to divide between 
thems(lv(\s the conifx^nsation to be receiveel. 

3. An attorney or cuunsclc^r convicted of a violation of any of 
the provisions of this stction, in addition to the punishment bv 
fine and imprisonmi nt prese'ribed therefor by this section, f»>r- 
feit.s his office. 

4. An attorney or counselor, who violates either of the first 
two subdivisions of this se<rtion, is guilty of a misdemeanor; and, 
on conviction thereof, shall bo ])unishod accordingly, and must be 
removed from office by the supre^iio court. 

Derivation: Subd. 1. Penal Code. § 136, Code Civil Procedure, ^ 75. 



Art. 24] ATTORXEYS [§ 275 

Subd. 2. Code Civil Procedure, S 74. Subd. 3. Penal Code, fi 139, Code Ci?il 
Proeedure, S 75. 

BmM. 1.— Coughlin v. Railroad Co. (1877). 71 N. Y. 443, rev'g 8 Hun, 136; 
Mcaea V. McDivitt (1882), 88 N. Y. 62, 2 Abb. N C. 47; Wetmore v. Heggeman 
(1882). 88 N. Y. 73; Browning v. Marvin (1885), 100 N. Y. 144; Fay v. 
Hebbard (1886), 42 Hun. 490. 492; Fowler v. Callan (1886), 102 N. Y. 395, 
Ttx'g 12 Daly, 263, 4 Civ. Proc. 413; Blasiifield v. Empire State Tel. Co. 
(1S95), 147 N. Y. 520, 529, rev'g 71 Hun, 532, 24 N. Y. Supp. 1006; Browne 
T. West (1896), 9 App. Div. 135. 138, 41 N. Y. Supp. 140; Maxon v. Cain 
(1897), 22 App. Div. 270, 47 N. Y. Supp. 855; Carpenter v. Cummingfl (1897), 
20 Misc. 661. 46 N. Y. Supp. 252; Tilden v. Aitkin (1899), 37 App. Div. 28, 
66 X. Y. Supp. 735; DeForest v. Andrews (1899), 27 Misc. 145, 147, 58 N. Y. 
Snpp. 358; Gilroy v. Badger (1890), 27 Misc. fi40. 58 N. Y. Supp. 392, rovV 
on other grounds 28 Misc. 143, 58 N. Y. Supp. 1106; Epstein v. U. S. Fidelity 
I'o. (1899), 29 Misc. 295, 299, 60 N. Y. Supp. 527; Stedwell v. Hartmann 
(1902), 74 App. Div. 126, 77 N. Y. Supp. 498, aff'd 173 N. Y. 024; Irwin v. 
(urie (1902), 171 N. Y. 411, rev'g 50 App. Div. 514, 67 N. Y. Supp. 380; 
Matter of Fitzsimons (1903), 174 N. Y. 15, rev'g 77 App. Div. 345. 79 N. Y. 
Sapp. 194; Thompson v. Stiles (1904), 44 Misc. 334, 89 N. Y. Supp. 876; 
Matter of Clark (1906), 184 N. Y. 229, 108 App. Div. 160, 95 N. Y. Supp. 
388; Matter of Manheim (1006), 113 App. Div. 137, 99 N. Y. Supp. 87; 
see also Baldwin v. Latson, 2 Barb. Ch. 306; Warner v. Paine, 3 Barb. Ch. 
530; Hall V. Bartlett. 9 Barb. 297; Voorhecs v. Dorr, 51 Barb. 587; Ramsey 
r Gould, 57 Barb. 396 ; Van Rensselaer v. Sheriff of Onondaga, 1 Cow. 443 ; 
Williams y. Matthews, 3 Cow. 252; Hoag v. Weston, 10 Civ. Proc. 95; West 
V.Kurtz, 15 Civ. Proc. 426; >Iarsh v. Holbrook, 3 Abb. Dec. 176; Ramsey v. 
E. R. R. Co., 8 Abb. Pr. (N. S.) 17; Warren v. Helmer, 8 How. Pr. 421; 
Brotberson v. Consalus, 26 How. Pr. 213; Mann v. Fairchilds, 2 Keyes, 106. 
14 Barb. 548; Hall v. Gird, 7 Hill. 586; Ely v. Cook, 2 Abb. Dec. 14; Barry 
T. Whitney, 3 Sandf. 696; Arden v. Patterson, 5 Johns. Ch. 44; Bristol v. 
Dtnn, 12 Wend. 142; The Carl Jackson, 29 Fed. 396, 4 Civ. Proc. 414, note; 
Brotberson v. Consalus, 26 How. Pr. 213; Goodell v. People, 5 Park Cr. 206; 
(kscheidt v. Quirk, 6 Civ. Pro. 38. 

Sabd. e-— Coughlin v. N. Y. C. A H. E. E. E. Co. (1877), 71 N. Y. 443, 
reTg 8 Hun, 136; Fowler v. Callan (1886), 102 N. Y. 395. 399, rev*g 12 Daly, 
2«, 4 Civ. Pro. 413; Hirschbach v. Ketchum (1896), 5 App. Div. 324, 39 N. 
Y. Supp. 291: Hirschbach v. Ketchum (1902), 72 App. Div. 79, 76 N. Y. 
Supp. 117; s. c, 84 App. Div. 258, 82 N. Y. Supp. 739, aO'd 177 N. Y. 582; 
Siedwell V. Hartmann (1902), 74 App. Div. 126, 77 N. Y. Supp. 498. aff'd 
173 X. Y. 624; Irwin v. Currie (1902), 171 N. Y. 409, r-v'g 56 App. Div. 514. 
«7X. Y. Supp. 380; Mr.tter of Fitzsimons (1903). 174 N. Y. 15. revV 77 App. 
DiT. 345, 79 N. Y. Supp. 194; Bwrs v. Washbond (190,3), 86 App. Div. 582 
83 N. Y. Supp. 993; see also Blashfipld v. Empire State Tel. & Tel. Co., IS N. 
Y. Supp. 250, 254; Marsh v. Holbrook, 3 Abb. D^c. 176: Ely v. Cooke, 2 Abb. 
Dec. 14. 

•«b4. 3.— Hess v. Allen (1898), 24 Misc. 393, 58 N. Y. Supp. 418. 



§ 275. Limitation of preceding section. 

The iMt Mectioa does not prohihit the receipt, by an alttortifi^ w 

61 



§§ 276-277] ATTORNEYS [Art. 24 

oounaelor, of a bond, promissory nolo, bill of exchanjje, book debt, 
or other thing in action, in payment for property' sold, or for ser- 
vices actually rendered, or for a debt antecedently contracted ; or 
from buying or receiving a bill of exchange, draft, or other thing 
in action for the purpose of remittance, and without intent to 
violate that section. 

DeriTation: Penal Code, § 140; Code Civil Prccedure, § 78. 

Epstein v. U. S. Fidelity & Guaranty Co. (1899), 29 Misc. 299, 60 N. Y. 
Supp. 627; Baldwin v. Latson, 2 Barb. 206; Kamsey v. Gould, 57 Barb. 398; 
People V. Walbridpe, 3 Wend. 120; Watson v. McLaren, 19 Wend. 557: Mann 
V. Fairchild, 2 Keyes, 106; Goodell v. People, 6 Park, 206, 6 N. Y. Supp. 627, 
97 N. Y. Supp. 201. 

§ 276. Application when party prosecutes in person or by a 
corporation. 

The last two sections apply to a person prosecuting an action in 
person and to a corporation engaged in the business of conducting 
litigation and providing counsel therefor, who or which does an act 
which an attorney or counselor is therein forbidden to do. 

DeriTationt Code Civil Procedure, 9 77. 

Benedict et al. v. Guardian Trust Co. (1904), 91 App. Div. 108, 86 N. Y. 
Supp. 370. 

§ 2T7. Use of attorney's name by another. 

If an attorney knowingly permits any person, not being his gen- 
eral law partner or a clerk in his office, to sue out any process or to 
prosecute or defend any action in his name, except as authorized 
bj" this section, such attorney, and every person who shall so use 
his name, is guilty of a misdemeanor. 

Whenever an action or ])roreedinii; is authorized by law to be 
prosc^cuted or defended in the name of the jwoplc, or of any public 
officer, board of officers, or nuniici])al corporation, on behalf of 
another party, the attorney-jD:eneral, or distrii^t attoniey, or attorney 
of such public officer or board or corporation may permit any 
proceeding therein, to he taken in his name by an attorney to be 
chosen by the party in interest. 

Derivation: Penal Code. §§ 140-150. 

Matter of Manheim (1906), 113 App. Div. 137, 99 N. Y. Supp. 87; York fi 
Peck, 31 Barb. 350. 



59 



Art. 24] ATTORNEYS [§§ 278-280 

§ 278. Attorneys forbidden to defend criminal prosecutions 
carried on by their partners, or formerly by themselves. 

An attorney, who directly or indirectly advises in relation to, or 
lids or promotes the defense of any action or proceeding in any 
court, the prosecution of which is carried on, aided or promoted by 
a person as district attorney or other public prosecutor, with whom 
nich attorney is directly or indirectly connected as a partner; or 
who, having himself prosecuted or in any manner aided or pro- 
moted any action or proceeding in any court, as district attorney 
or other public prosecutor, afterwards directly or indirectly advises 
in relation to, or takes any part in, the defense thereof, as attorney 
or otherwise; or w^ho takes or receives any valuable consideration 
from or on behalf of any defendant in any such action, upon any 
understanding or agreement whatever, express or implied, having 
relation to the defense thereof, is guilty of a misdemeanor, and on 
eonviction thereof, shall be punishhfd accordingly, and must be 
removed from office by the supreme court. 

DttHTAtioiii Penal Code, § 670; Code Civil Procedure, 9§ 78-80. 

Matter of Manheim (1906), 113 App. Div. 137, 99 N. Y. Supp. 87; Rufler 
T. Union Distillery Co. (1893), 4 Misc. 268, 24 N. Y. Supp. 101. 

§ 2T9. Attorneys may defend themselves. 

The last section does not prohibit an attorney from defending 
himsdf in person, as attorney or as counsel, when prosecuted either 
civilly or criminally. 

DwiTAtioAi Penal Code, § 671; Code Civil Procedure. 9 81. 
Matter of Manheim (1906), 113 App. Div. 137, 99 N. Y. Supp. 87. 

§ 280. Corporations .and voluntary associations not to prac- 
tice law. 

It shall be unlawful for any corporation or voluntary associa- 
tion to practice or appear as an attomey-at-law for any person 
other than itself in any court in this state or before any judicial 
body, or to onake it a business to practice as an attorney-at-law, 
for any person other than itself, in any of said courts or to hold 
iteelf out to the public as being entitled to practice law, or to 
rraider or furnish legal services or advice, or to furnish attorneys 
or ooonsel or to render legal services of any kind in actions or 



68 



§ 280] ATTORNEYS [Art. 24 

proceedings of any nature or in any other way or manner, or in 
any other manner tx> assume to be entitled to practice law or to 
assume, use or advertise the title of lawjer or attorney, attorney-at- 
law, or equivalent term^ in any language in such manner as to 
convey the impression that it is entitled to practice law, or to 
furnish legal advice, services or counsel, or to advertise that either 
alone or together with or by or through any person, whether a 
duly and regularly admitted attorney-at-law, or not, it has, owns, 
conducts or maintains a law office or an office for the practice of 
law, or for furnishing legal advice, services or counsel. It shall 
be unlawful further for any corporation or voluntary association 
to solicit itself or by or through its officers, agents or employees 
any claim or demand for the purpose of bringing an action 
thereon or of representing as attorney-at-law, or for furnishing 
legal advice, services or counsel to, a person sued or about to be 
sued in any action or proceeding or against whom an action or 
proceeding has been or is about to be brought, or who may be 
affected by any action or proceeding which has been or may be 
instituted in any court or before any judicial body, or for the 
purpose of so representing any person in the pursuit of any civil 
remedy. Any corporation or voluntary association violating the 
provisions of this section shall be liable to a fine of not more 
than five thousand dollars and every officer, trustee, director, 
agent or employee of such corporation or voluntary association 
who directly or indirectly engages in any of the acts herein pro- 
hibited or assists such corporation or voluntary association to 
do such prohibited acts is guilty of a misdemeanor. The fact that 
any such officer, trustee, director, agent or employee shall be a 
duly and regularly admitted attomey-at-law, shall not be held to 
permit or allow any such corporation or voluntary association to 
do the acts prohibited herein nor shall such fact be a defense 
upon the trial of any of the persons mentioned herein for a vio- 
lation of the provisions of this section. This section shall not 
apply to any corporation or voluntarv as.«?ociation lawfully 
engaged in a business authorized by the provisions of any existing 
statute, nor to a corporation or voluntary association lawfully 
encaged in the examination and insuring of titles to real prop- 
erty, nor shall it prohibit a corporation or vountary association 
from employing an attorney or attorneys in and about its own 



55a 



t. 24] ATTORNEYS [§ 280 

iinediate affairs or in any litigation to which it is or may be a 
rty, nor shall it apply to organizations organized for beiievo- 
it or charitable purposes, or for the purpose of assisting per- 
ns without means in the pursuit of any civil remedy, whose 
istence, organization or incorporation may be approved by the 
)pellate division of the supreme court of the department in 
hiA the principal oflSce of said corporation or voluntary asao- 
inon may be located. 

Nothing herein contained shall be construed to prevent a 
rj' 'ration from furnishing to any person, lawfully engaged 

I the practice of the law, such information or such clerical 
rvices in and about his professional work as, except for 
le provisions of this section, may be lawful, provided that at 

II times the lawyer receiving such information or such services 

lall maintain full professional and direct responsibility to his 

ieiits for the information and services so rcceivetl. But no cor- 
aration shall be permitted to render any services which cannot 

iwfuUy be rendered by a person not admitted to practice law in 

lis state nor to solicit directly or indirectly professional employ- 

lent for a lawyer. (Added by L. 1009, ch. 483. Am'd by L, 

Ml, cK 317 ; L. 1916, ch, 264, in effect April 18, 1916.) 



5S^ 



§ 290] BAJfKING [Art 26 



ARTICLE 26. 

BAXKlxVG. 

Section 290. Misconduct of officers, directors, trustees, or employees of 

banking corporations. 

291. Sale or hypothecation of bank notes by officer. 

292. Officer of bank putting excessive number of its notes in circu- 

lation. 

293. Officer or agent of banking corporation making guaranty or 

indorsement, in its behalf, beyond ihe legai limit. 

294. Bank officer overdrawing his account or asking for or re- 

ceiving commissions or gratuities from persons procuring 
loans or making overdrafts of their accounts. 

295. Receiving deposits in insolvent bank. 

296. Unlawful investments by officers of savings banks. 

297. Misconduct by directors of moneyed corporations. 

298. Misconduct by banks and bankeis. 

299. Unlawful discount of bills of foreign banks. 

300. Misconduct by officers of banking department. 

301. Using dies and plates of extinct state bank. 

302. Unauthorized use of the term " bf nk." 

303. False statements or rumors as to banking institutions. 

304. Falsification of books, reports or statements of corporations 

subject to the banking law, by an officer, director, trustee 
employee or agent thereof. 

305. Abstraction or misappropriation of money, funds or property, 

or misapplication of credit of corporations to which the 
banking law is applicable, by an officer, director, trustee, 
employee or agent thereof. * 

§ 200. Misconduct of officers, directors, trustees, or employees 
of banking corporations. 

A director of a corporation, organized under the laws of this 
state, having banking powers, who concurs in lany vote or act of 
the directors of such coqx^ration, or any of tliem, by which it is 
intended to make a loan or discount to anv director of such cor- 
pora.tion, or upon pai)er upon which any such director is liable or 
responsible t>o an amount exceeding the amount allowed by stat- 
ute; or, 

Any director, trustee, officer or employee of any oorporation to 
which the banking law is applicable who makes or maintains, or 
attempts to make or maintain, a deposit of such corporation's funds 
with any other corporation on condition, or with the understanding, 
express or implie<l, that the corporation receiving such deposit 
make a loan or advance, directly or indirectly, to any director, 
truste \ officer or employee of the corporation so making or main- 
training or attempting to make or maintain such deposit; or, 

Any officer or employee of any cnriwration to which the bank- 
ing law is applicable \\\v> intentionally conceals from the directors 
or trustees of such oorporation ansr discownts or loana made by it 



Art. 26] BANKING [§§ 291-292 

between the regular meetings of its board of directors or trustees, 
or the purchase of any securities or the sale of any of its securities 
during the same period, or knowingly fails to report to its board 
of directors or trustees when required to do so by law, all discounts 
or loans made by it and all securities purchased or sold by it be- 
tween the regular meetings of its bjard of directors or trustees; or, 

Any director, officer or employee of a bank or tnist company who 
makes any agreement, express or implied, before or at the time of 
issuing a certificate of deposit, by which its holder may demand or 
receive payment thereof in advance of its maturity. 

Is guilty of a misdemeanor. 

Nothing in this section shall render any loan made by the 
directors of any such corporation, in violation thereof, invalid. 
(Amended by L. 1910, eh. 398, in effect June 6, 1910.) 

Derivatlcmt Penal Code, 9 595, as amended L. 1908, chs. 133, 157; Penal 
Code, S 596. 

§ 291. Sale or hypothecation of bank notes by officer. 

An officer or agent of any corporation having banking powere, 
who sells, or causes or permits to be sold, any bank notes of such 
corporation, or pledges or hypothecates, or causes or permits to be 
pledged or hypothecated, \nth any other corporation, association 
or individual, any such notes, as a security for a loan, or for any 
liability of such corporation, is punishable by imprisonment in a 
county jail not exceeding one year, or by a fine not exceeding five 
tli4>usand dollars, or both. 

DeriTAttoni Penal Code, § 5fl7. 

Matter of Saylea (1903). 40 Misc. 135. 17 N. Y. Cr. 234, 81 N. Y. Supp. 

258. 

§ 292. Officer of bank putting excessive number of its notes in 

circulation. 

An officer or a^rnt rf n^v 'corporation havino: bankin^r powers, 
who i^ksues or puts in circulation, or caiisos or pomiits to K-^ issued 
f'f put in circulation, the bnik notes of such corporation to an 
amount, which, tosjether with ivevious issues, leaves in circula- 
tion or outstandins: a sfreat'r amount of notrs than such cornora- 
tion is allowed by law to ia<;uf' aurl fMrou^ato, is punishable by iui- 
prisonment in a county jail rot rxcoedinir one year, or by a fine 
Bot exceeding five thousand dollars, or both. 

DratTStloBt Penal Code, § 598. 



/T5 



§§ 293-295] BAXKIXG [Art. 26 

§ 293. OfEcer or agent of banking corporation making guar- 
anty or indorsement, in its behalf, beyond the legal limit. 

An officer or agent of any banking coiporation, who makes or 
delivers any guaranty or indorsement on behalf of such corpora- 
tion, whereby it may become liable on any of its discounted notes^ 
bills or obligations, in a. sum beyond the amount of loans and 
discounts which such corporation may legally make^ is guilty of a 
misdemeanor. 

Derivatioii: Penal Code, § 509. 

§ 294. Bank officer overdrawing his account or iisking for or 
receiving commissions or gratuities from persons procuring loans 
or making overdrafts of their accounts. 

An officer, director, agent, teller, clerk or employee of any bank, 
banking association, savings bank or trust company, who: 

1. Knowingly overdraws his account with such bank, banking 
association, savings bank or trust company, and thereby obtains 
the money, notes or funds of any such bank, banking association, 
savings hank or trust company ; or, 

2. Asks or receives, or consents or agrees to receive, any com- 
mission, emolument^ gratuity or reward, or any promise of any 
commission, emolument, gratuity or reward, or any money, prop- 
erty or thing of value or of personal advantage, for procuring or 
endeavoring to procure for any person, firm or coporation, any 
loam from, or the purchase or discount of any paper, note, draft, 
check or bill of exchange, by any ?nch bank, banking association, 
savings bank or trust company, or for permitting any person, firm 
or corporation to overdraw any account with such bank, banking 
as.^ooiation, savincr? bank or trust company, 

Is guilty of a misdemeanor. 

DeriTation: Penal Code. § 600. as amended L. 1005, ch. 248, ( 1. 

People V. Upton (1885), 38 Hun, 107, 4 N. Y. Cr. 455; People v. O'DoiiikII 
( 1887). 46 Hun, 360, 7 N. Y. Cr. 347; People v. Clementfl (1886), 5 N. Y. Cr. 
197, 277. 42 Hun, 286. 

§ 205. Receiving deposits in insolvent bank. i 

An otlicer, agent, teller or clerk of any bank, banking association 
or savings bank, and every individual banker or agent, and every 
private banker or agent and any teller or clerk of an individual 
banker, or of a private banker or any olBcer, agent or clerk of any 
corporation transacting any part of the business which a banking 
corporation is authorized by law to transact who receives any deposit, 
knowing that inch bank or aasociation or banker or corporation ia 

66 



Art 26] BANKING [§§ 296-398 

insolvent, is guilty of a misdemeanor, if the amount or value of 
such deposit be less than twenty-five dollars; if the amount or 
value of such deposit be twenty-five dollars or over, such person 
shall be guilty of a felony, punishable by imprisonment for uoi 
less than one nor more than five years, or by a fine of not less than 
tive hundred nor more than three thousand dollars, or by both. 
(Amended by L. 1914, cL 383, in effect April 15^ 1914.) 

]>OTivatUat P«nal Code, § 601, as amtnded L. 1002, ch. 148. 

Ptople ▼. Moort (1885), 3 N. Y. Cr. 458; Cragie y. Hadley (1885), 99 K. Y. 
132, MfTg 14 Abb. N. C. 409; Atkinson v. Rochester Printing Co. (1889), 114 
K. Y. 168, alTg 43 Hun, 167; SUpleton v. Odell (1897), 21 Misc. 94, 47 N. Y. 
Supp. 13; Hall t. Baker (1901), 66 App. DIt. 135, 72 N. Y. Supp. 965. 

§ 206. Unlawful investments by officers of savings banks. 

Any officer or trustee of a savings bank authorizing or making 
iftj investment of the funds of the bank in securities, not author- 
iwd by law, is guilty of a misdemeanor. 

DsrlTatioiii Psnal Code, 9 602, as amended L. 1892, ch. 662, 9 21, and 
eh. 692, 9 1. 
People T. Seyerance (1893), 67 Hun, 182, 22 N. Y. Supp. 91. 

§ 297. Misconduct by directors of moneyed corporations. 

Every director of a moneyed corporation who : 

1. In case of the fraudulent insolvency of such corporation, 
shall have participated in such fraud ; or, 

2. Wilfully does any act a£i such director which is expressly 
forbidden by law, or wilfully omits to perform any duty imposed 
upon him as such director by law, 

Is guilty of a misdemeanor, if no other punishment is prescribed 
therefor by law. 

The insolvency of a moneycxi corporation is deemed fraudulent 
unle^ its affairs appear upon investigation to have been admin- 
ifltered fairly, legally and with the same care and diligence that 
agents receiving a compensation for their services are bound, by 
Iiw, to observe. 

DerlTatloax Penal Code, S 603, as amended L. 1892, ch. 692, fi 1. 
People T. ClemenU (1886), 6 N. Y. Cr. 277, 42 Hun, 286; People v. Oeorger 
(1906), 109 App. Div. Ill, 112, 95 N. Y. Supp. 790. 

§ 298. Misconduct by banks and bankers. 
Any moneyed corporation or individual banker authorized to 
carry on the businefle of banking under the laws of this state who : 
1. BeoMvet, pays out, gives or offers in payment as money to 

57 



§ 209] BANKIXG [Art. 28 

circulate, or who attempts to circulate as money, any bill, note or other 
evidence of debt issued or purporting to have been issued by any cor- 
poration or individual, situated or residing without this state, and 
wliich bill, note or other evidence of debt shall, upon any part thereof, 
purport to be payable or redeemable at any place or by any corporation 
or indivifUial within this state; or, 

2. Issues, utters or circulates, as money, or in any way, directly or 
indirectly, aids or assists in the issuing, uttering or circulating a-^ 
money within this state, of any bank bill, note or other evidence of debt 
in the similitude of a bank note issued or purporting to have been 
issued by any corporation or individual situated or residing without 
this state; or procures or receives, in any manner whatever, any such 
bank bill, note or other evidence of debt with intent to issue, utter or 
circulate, or with intent to aid in issuing, uttering or circulating the 
same as money within this state; or, 

3. Directly or indirectly lends or pays out for paper discounted oi 
purchased any bank bill, note or other evidence of debt, which is not 
received at par by such corporation or banker for debts due such cor- 
poration or banker; or, 

4. Issues or puts in circulation any bank bill or note of aii\ 
cuch corporation or banker, unless the same shall 1 e made payable 
on demand and without interest, except bills of ex('hanc;e on for- 
eign countries or ])laces beyond the limits or jurisdiction of the 
United States, ai:d except certificates of deposit payable on presen- 
tation, with or without interest, to bearer or to the order of a per- 
son named therein, or certificates of deposit payable, with or with- 
out interest, to the order of a person named therein showing the 
amount of the deposit, the date of issue and the date when due; 
but such certificates shall not be issued except as representing 
money actually on deposit, 

Is guilty of a misdemeanor. 

Xothing in this section contained shall be construed to prohibit 
any such corporation or banker from receiving and paying out 
such foreign bank bills as they shall receive at par in the ordinary 
course of their business, or to prohibit such corporation or banker 
from receiving foreign notes from their dealers and customers in 
the regular and usual course of their business, at a rate of dis- 
count not exceeding that which is or shall be at the time fixed by 
law, for the redemption of the bills of the banks of this state at 
their agencies, or from obtaining from the corporations, associa- 
tions or individuals by which such foreign notes are made, the 
payment or redemption thereof. (Amended by L. 1910, ch. 398, 
in effect June G, 1910.) 

DerlTatlon: Penal Code, § 604. as amended L. 1802. cTi. (502, 9 1. 

§ 299. Unlawful discount of bi Is of foreign banks. 
Any person, association or corporation within the state who, 
directly or indirectly, on any pretense whatever, procures or re- 

68 



?eives or offers to receive from any corporation or person any 
bank bill or note or other evidence of debt in the similitude of a 
bank note issued or purporting to havo been issued by any cor- 
poration or individual, situated or residing without this state, at 
a greater rate of discount than is or shall be at the time fixed by 
Iftw for the redemption of *he bills of the banks of this state at 
^heir agencies, is guilty of a misdemeanor. 

DerlTatioa: Penal Code/ 9 605, as amended L. 1892, ch. 692, 9 1. 

§ 300. Misconduct by ofHcers of banking department. 

The superintendent of banks, or any officer in the banking de- 
partment who countersigns bills or notes for any person or corpo- 
ration exceeding fbe value of the interest bearing stocks of the 
state of New Tork or of the Unit«l Statee, or other securities 
deposited with such superintendent by such person or corporation 
on account thereof, is guilty of a felony, punishable by a fine of 
not less tliBsO five thousand dollars or by imprisonment for not less 
than fiva years, or by both. 

Derivation: Penal Code, § 606, as amended L. 1892, ch. 692, 8 1. 

§ 901- Using dies and plates of extinct state bank. 

Any person who uses the dies and plates of a state bank in the 
ii:anufacture of notes and bills, after such bank has become a 
JUtional bank in pursuance of la-w, is guilty of a misdemeanor. 
DeHTatioAx Penal Code, 9 607. added L. 1892, cb- 602, 8 1. 

§ 302. Unauthorized use of term *' bank." 

Any person engaged in banking in this state, not subject to the 
8uper\'ision of the superintendent of banks, and not required by 
l«w to report to such superintendent, who was not engaged in such 
Unking before May twenty-third, eighteen hundred and eighty- 
five, who: 

1. Uses an office sigii at the place where such business is trans- 
acted, having thereon any artificial or corporate name, or other 
^ords indicating that such place or office is the place or office of 
* bank ; or, 

2. IJBes or circulates any letter-heads, bill-heads, blank notes, 
Mank receipts^ certificates, circulars or any written or printed 

59 



•x *^ ^' # 



BANKING [Art. 26 

paper wliatever, having thereon any artificial or corporate name, 
or other word or words indicating that such business is the busi- 
ness of a bank. 

Is guilty of a misdemeanor. 

DeriTatioA: Penal Code, 9 609; as amended L. 1892, eh. 692, | 1. 
Hall V. Baker ( 1901 ) , 66 App. Div. 131, 136, 72 N. Y. Supp. 965. 

§ 303. False statements or rumors as to banking institutions. 

Any person who willfully and knowingly makes, circulates or trans- 
.mits to another or others any statement or rumor, written, printed or 
by word of mouth, which is untrue in fact and is directly or by infer- 
ence derogatory to the financial condition or affects the solvency or 
financial standing of any bank, private banker, savings bank, banking' 
association, building and loan association or trust company doiu;: 
business in this state, or who knowingly counsels, aids, procures o; 
induces another to start, transmit or circulate any such statement o • 
rumor, is guilty of a misdemeanor punishable by a fine of not mor*^ 
than one thousand dollars or by imprisonment for not .^nore than on* 
year, or both. (Added by L. 1912, ch. 211, and amended by L. 191 J, ■ 
ch. 112, in effect Apr. 4, 1914.) 

§ 304. Falsification of books, reports or statements of cor- 
porations subject to the banking law, by an officer, director, 
trustee, employee or agent thereof. 

Any officer, director, trustee, employee or agent of any corporation 
to which the banking law is applicable who makes a false entry in 
any book, report or statement of such corporation with intent to 
deceive any officer, director or trustee thereof, or any agent or exam- 
iner lawfully appointed to examine into its condition or into any of 
its affairs, or any public officer, office or board to which such corpora- 
tion is required by law to report, or which has authority by law to 
examine into iti» condition or into any of its affairs, or who, with 
like intent, wilfully omits to make a true entry of any material par- 



5Uft 



Art. 26] BANKING [§ 305 

tieolar pertaining to the business of such corporation in any book, 
report or statement of such corporation made, written or kept by 
him or under his direction, is guilty of a felony. (Added by Lb 
1912, eh. 208, in effect Sept. 1, 1912.) 

§ 305. Abstraction or misappropriation of money, funds or 
property, or misapplication of credit of corporations to which the 
banking law is applicable, by an officer, director, trustee, em- 
ployee or agent thereof. 

Any officer, director, trustee, employee or agent of any corpora- 
tion to which the banking law is applicable, who abstracts or will- 
ful y misapplies any of the money, funds or property of such cor- 
poration, or willfully misapplies its credit, is guilty of a felony. 
^olhing in this section shall be deemed or construed to repeal, 
amend or impair any existing provision of law prescribing a pun- 
ishment for any such offense. (Added by L. 1913, ch. 10?, in 
effect Sept. 1, 1913.) 



59b 



S$ 320-323] BARKATRY lAiL SA 



ARTICLE Sa 



Sbgtxon 320. Common barratry defined. 

321. Barratry a misdemeanor. 

322. Proof required to convict of barratry. 

323. Interest no defense to prosecution for barratry, 

§ 320. Common barratry defined. 

Common barratry is the practice of exciting groundless judicial 
proceedings. 

DeriTAtioiit Penal Code, § 132. 

Com. y. Mohn, 52 Pa. St. 243; Voorhees v. Dorr, 51 Barb. 680, 681; Com. 
V. Tubb0, 1 Cush. 2; Com. v. McCullock, 15 Mass. 227; Com. y. Dayis, 11 Pick 
432. 

§ 321. Barratry a misdemeanor. 

Common barratry is a misdemeanor. 

Deriyatioii: Penal Code, 9 133. 

§ 322. Proof required to convict of barratry. 

No person can be convicted of common barratry, except upon 
proof that he has excited actions or legal proceedings, in at least 
three instances, and with a corrupt or malicious intent to vex and 
annoy. 

DeriTAtlon: Penal Code, § 134. 
Voorhees v. Dorr, 51 Barb. 680, 581. 

§ 323. Interest no defense to prosecution for barratry. 

Upon a prosecution for common barratry, the fact that the de- 
fendant was hinisi^lf a j>arty in interest or upon the record to any 
action or legal proceeling complained of, is not a defense. 

D«riTatio]i: Penal Code, 9 135. 



60 



Art 801 BIGAMY [§§ 340-341 



r 



ARTICLE 30. 



8iCTB>il 340. Definition and punishment of bigamy. 
S41. Exceptions. 

342. In what county indictment for bigamy may be found; place of 

trial. 

343. Punishment of consort. 

§ 340. Definition and punishment of bigamy. 

A person who, having a husband or wife living, marries another 
person, is guilty of bigamy and is punishable by imprisonment 
in a penitentiary or state prison for not more than five years. 

DeriTAtiom: Penal Code, § 298. 

Hayes ▼. People (1862), 25 N. Y. 390, 24 How. Pr. 462, 5 Park, 325, 15 
Abb. 163; Van Voorhis v. Brintnall (1881), 86 N. Y. 18, 40 Am. Rep. 505, 
rer'g 23 Hun, 264; Thorp v. Thorp (1882), 90 N. Y. 602; People v. Chase 
(1882), 28 Hun, 310, 16 Week. Dig. 143; People v. Weed (1883), 29 Hun, 
«28, 1 N. Y. Cr. 349, aff'd 96 N. Y. 625; Moore v. Hegeman (1883), 92 N. Y. 
521. 44 Am. Rep. 408, aff'g 27 Hun, 68; People v. Oawford (1891), 62 Hun, 
160. 16 N. Y. Supp. 575, 10 N. Y. Cr. 59, aff'd 133 N. Y. 535; Price 
T. Price (1891), 124 N. Y. 589, rev*g 33 Hun, 76; see aho Miles v. 
United States, 103 U. S. 304, 4 Law3on Defenses, 50, 23 Alb. L. 

J. 326; Holbrook ▼. State, 34 Ark. 511, 36 Am. Rep. 17; Dumas v. 

SUte, 14 Tex. CI. App. 464, 46 Am. Rep. 241, 245; People v. Humphrey, 7 

Johns. 314; Phelan's Case, 3 C. H. Rec. 91; People v. Wigham, 1 Wheel. Cr. 

Cas. 115; Phelan's Case, 6 C. H. Rec. 91; Coleman's Case, 6 C. H. Rec. 3; 

Steer's Case, 2 C. H. Rec. Ill; Walworth's Case, 1 City Hall Rec. 171; 

People V. Brown, 34 Mich. 339, 22 Am. Rep. 531; People v. Merrill, 2 Park, 

590; Johnson v. Com., 86 Ky. 122; People v. Mosher, 2 Park, 195. 

§ 341. Exceptions. 

The last section does not extend: 

1. To a person whose former husband or wife, has been absent 
for five years successively then last past, without being known to 
hin: or her withiu that time to be li.iiig, and believed by him or 
her to be dead; or, 

2. To a person whose former marriage has been pronounced 
void, or annulled, or dissolved, by the judgment of a court of com- 
petent jurisdiction, for a cause other than his or her adultry; or, 



61 



§§ 342-343] BIGAMY [Art 

3. To a person who, being divorced for his or her adultery, mj 
be permitted to marry again under the provisions of section eig 
of the domestic relations law ; or, 

4. To a person whose former husband or wife has been se 
tenced to imprisonment for life. (Amended by L. 1915^ eh. 36 
In effect April 26, 1915.) 

D«riTatiomt P«nal Code, 9 209. 

Fordham v. Gouverneur Vinage (1896), 5 App. Div. 566, 39 N. Y. 8u] 
396; Karstens v. Karstens (1898), 29 App. Div. 236 note, 45 N. Y. Su] 
966, 51 N. Y. Supp. 795; Czech v. Bean (1901), 35 Misc. 729, 72 N. Y. Su; 
402; Safford v. Safford, 31 Ahb. N. C. 74. 

Snbd. 1.— People v. Meyer, 8 N. Y. St. 257; People v. Meyer, 10 X. Y. 
257; People v. Teilen, 58 Cal. 218, 41 Am. Rep. 258; The Queen v. FoUc 
23 Q. B. Div. 108, 40 Alb. L. J. 250. 

Snbd. 2.-— Fleming v. People (1803), 27 N. Y. 329, afT'g 5 Park, 353; G 
laghan v. People, 1 Park, 378; Baker v. People, 2 Hill, 325. 

Snbd. 3.— People v. Baker (1879), 76 N. Y. 78, 32 Am. Rep. 274, re 
15 Hun, 256; People v. Faber (1883), 1 N. Y. Cr. 115, 92 N. Y. 146, 44 A 
Rep. 357, rev'g 29 Hun, 320; People v. Hovey, 5 Barb. 117. 

§ 342. In v/hat county indictment: for bi^a.ny may be foun 
place of trial. 

An indictment for bigamy may be found in the county in whi 
the defendant is arrested, and the like proceedings, including t 
trial, judgment, and conviction, may be had in that county, 
if the oifense were committed therein. 

DeriTAtion: Penal Code, § 300. 

King V. People (1875), 5 Hun, 297; Collins v. People, 4 Th. k C. 77. 

§ 343. Punishment of consort. 

A person who knowingly enters into a marriage with anothe 
which is prohibited to the latter by the foregoing provisions 
this article is punishable by imprisonment in a penitentiary 
state prison, for not more than five years, or by a fine of not mo 
than one thousand dollars, or both. 

DeriTAtlon: Penal Code, § 301. 

Sauser v. People (1876), 8 Hun, 302; Blake v. Everman (1890), 66 Hi 
454, 10 N. Y. Supp. 74; Hollister v. Valentine (1902), 69 App. Div 688. 
N. Y. bupp. 116. 



62 



'7 • l_t>U 



ARTICLE 33. 
buxs of IiADImq, bsceipts and vouchers. 

Bktion 3(50. Fictitious bills of lading, receipts and vouchers. 

361. Offenses by pipe-line corporations. 

362. Erroneous bills of lading or receipts, issued in good faith, 

excepted. 

363. Ihiplicate receipts must be marked " duplicate." 

364. Selling, hypotliecating or pledging property received for trans- 

portation or storage. 
965. Bill of lading or receipt issued by warehouseman must be can* 
celed on redelivery of the property. 

366. Property demanded by process of law. 

367. Penalty for failure to issue bill of lading. 

§ 360. Fictitious bills of lading, receipts and vouchers. 

A person who: 

Being the master, o'vner or agent of any vessel, or officer or 
agent of any railway, e-:press or transportation coinpanv, or other- 
wise being or representing any carrier, delivers any bill of lading, 
receipt or other voucher, by which it appeal's 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, 

Is guilty of a misdemeanor, punishable by iiiiprisonment not 
exceeding one year, or by a fine not exceeding one thousand dol- 
lars, or by Ix^th. 

DerlTAtioii: Penal Code. ? f29, as an?ended L. 1892, ch. 692. S 1. 

Maim v. Pailroad Co. (1902), 73 App. Div. 265, 273, 76 N. Y. Supp. 838, 
alT'd 175 N. Y. 409; First Xat. Bank v. Dean, 17 N. Y. Supp. 376, 27 Abb. 
X. C. 284. 

§ 361. Offenses by pipe-line corporations. 

A pipe-line corporation, or a person being the officer, agent, 
manager or representative thereof, who: 

1. Aooepts, makes or issues any receipt, certificate or order of 
any kind for any commodity, unless the commodity represeul^A 
is actDiJJr at tie time in the possession of the corpoTa\\oii\ ot^ 

63 



§§ 362-364] BILLS OF LADIXG, ETC. [Art. 32 

2. Delivers to any person any petroleum or other commodity 
received for transportation by such corporation without the pre- 
sentation and surrender of all vouchers, receipts, orders or certifi- 
cates 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 reiss-ue the same, or shall not cause it to be cancelled by the 
word " cancelled " stamped or printc d legibly across the face 
thereof, and to be filed and recorded by such corporation, as pro- 
vided by law, 

Is guilty of a misdemeanor. 

Derivation: Penal Code. § 628, as amendfd L. 1892, ch. 692, § 1. 

§ 362. Erroneous bills of lading or receipts, issued in good 
faith, excepted. 

Xo person can be convicted of an ofFenso imder the last two 
sections, for the reason that the contents of any barrel^ box, ca^^e, 
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 nceived, if such 
description corresponds substantially with the marks, labels or 
brands upon the outside of such vessel or package, unless it ap- 
pears that the defendant knew that such marks, labels or brands 
were untrue. 

Derivation: Penal Code, § 630. 

§ 363. Duplicate receipts must be marked " duplicate." 

A person mentioned in sections three hundred and sixty and 
three lunidre<l and sixty-one, who issues any second or duplicate 
receii)t or voucher, of a kind specified in thos^o sections, at a 
time while a former receipt or voucher for the marchandise speci- 
fied 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 ex- 
cef ding oiio year, or by a fine not exceeding one thousand dollars, 
or bv both. 

Derivation: Penal Code, § 631. 

§ 364. Selling, hypothecating or pledging property received 
for transportation or storage. 
A person mentioned in sections three hundred and sixty and 

«4 



■■» .a^A-d'<j ■s^ M. .A^AJka^^^i ^-^ « a.^ M. V^ • I SOS VV1/~C/*4.I 



LUG 



three hundred and sixty-one, 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. 

DeriTation: Pennl Code, § 632. 

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

A person mentioned in sc^ction three hundred and sixty, who 
<ielivers to another any merchandise for which a bill of lading, 
r<C(ipt or voucher has been issiucd, unless such receipt or voucher 
Uars upon its face the words, " not negotiable," plainly written 
"r stamped, or unless such receipt is surrendenc»d to be canceled 
at the time of such delivery, or unless, in the case of a pai'tial 
•lelivery, a memorandum thereof is indorsed upon such r(ceiy)t 
• r voucher, is punishable by imprisonment not exceeding one year, 
ur by a fine not exceec^linir one thousand dollars, cr by both. 

DeriTEtion: Penal Code, § 633. 

Burnham v. Cape Vincent Seed Co. (1894). 142 X. Y. 160, aff'd 49 X. Y. 
^. R. 918, mem.; First Nat. Bk. v. N. Y., etc. (1895), 85 Hun, 160, 32 N. Y. 
Supp. 604; Nat. Com. Bk. v. Lack. Trans. Co. (1901), 69 App. Div. 270, 69 
N'. Y. Supp. 396; Mairs v. Railroad Co. (1903), 175 N. Y. 409, aff*g 73 App. 
Hi?. 265, 273, 76 N. Y. Supp. 838. 

§ 366. Property demanded by process of law. 

The last two sections do not apply to any case where property 
13 demanded by virtue of legal process. 

DeriTatlon: Penal Code, § 634. 

§ 367. Penalty for failure to issue bill of la 'inj;. 

Any person who, being the owner, master or agent of any ves.^el 
transporting merchandise or property between port^ of this state, 
departs with such vessel or causes such vesst'l to depart from the 
port where such merchandise or property is taken on board, with- 
out giving or tendering to the shipper of such merchandise or 
property, if a bill of lading be demanded by «uch shiy^per, a bill 
of lading or shipping document as provided by section three hun- 
djied and ninety-eight of the general business law, is guilty of t 

misdemeanor. 
DtrlTAtioaf Tenal Code, § 634a, added L. 1898, eb. \&ft, ^ \. 

65 
5 



§§ 370-371] BRIBERY AND CJORRUPTION [Art. 84 



ARTICLE 34. 

BRIBERY AKD CORRUPTIOir. 

Bbotion 370. Definition of jurors. 

371. Bribery of a judicial officer. 

372. Officer accepting bribe. 

373. Juror, arbitrator or referee promising verdict. 

374. Juror or person authorized to bear or determine accepting bribes. 

375. Liability of trial juror for taking gift or gratuity. 

376. Embracery. 

377. Liability of embraceor procuring trial juror to take gain or 

profit. 

378. Bribing certain public officers. 

379. Bribery of witnesses. 

380. Bribery of labor representatives. 

381. Offender a competent witness. 

§ 370. Definition of jurors. 

The word " juror '' as used in this article includes a talesman, 
and extends to jurors in all courts, whether of record or not of 
record, and in stpecial proceedings, and before any officer author- 
ized to impanel a jury in any case or proceeding. 

DerlTfttion: Penal Code, § 8L 

§ 371. Bribery of a judicial officer. 

A person who gives or offers, or causes to be given or offered, 
a bribe, or any money, property, or value of any kind, or any 
promise or agreement therefor, to a judicial (fficer, juror, refere- , 
arbitrator, appraiser or assessor, or other person authorized by 
law to hear or detormine any question, matter, case, proceediiiii, 
or controversy, with intent to influence his action, vote, opinion, 
or decision thereupon, is punishable by imprisonment for not more 
than ten years, or by a fine of not more than five thousand dollars, 
or both. 

Derlvatioiit Penal Code, 9 71. 

People V. Jaehne (1886), 103 N. Y. 190. 4 N. Y. Cr. 478, aff'd 128 U. S. 189, 
() N. Y. Cr. 237; People v. Sharp (1887), 107 N. Y. 439. 5 N. Y. Cr. 572! 
rev'g 45 Hun, 460; People v. Winant (1898), 24 Misc. 361, 53 N. Y. Supp. 
695; People v. Acritelli (1908), 67 Misc. 574, 589, 110 N. Y. Supp. 430; Klug- 
man*s Case, 49 How. Pr. 484; People v. Ah Fooh, 62 Cal. 493; see al80 State 
r. m)iB, 33 N. J. L. 102; SUte v. Carpenter, 20 Vit. 9. 

66 



Art 34] BRIBERY AND CORRUPTION [§§ 372-373 

§ 372. Officer accepting bribe, 

A judicial officer, a person who executes any of the functions 
of a public office not designated in articles one hundred and 
twenty-four and one hundred and seventy and in section twenty- 
three hundred and twenty of this chapter, or a person employed 
hv or acting for the state, or for any public officer in the busiuesB 
of the state, who asks, rem ives, or agrees to receive a bribe, or 
any money, property, or value of any kind, or any promise or 
agreement therefor, upon any agreement or understanding that 
his vote, opinion, judgment, action, decision or other official pro- 
ceeding, shall be influenced thereby, or that he will do or omit 
anv act or proceeding, or in any way neglect or violate any official 
duty, is punishable by imprisonment for not more than ten years, 
or by fine of not more than five thousand dollars, or both. A 
cf>nviction also forfeits any office held by the offender, and forever 
disqualifies him from holding any public office under the state. 

DeriTation: Penal Code, § 72. 

People V. Jaehne (1886), 103 N Y. 182, 4 N. Y. Cr. 478. 128 U. S. 189, 6 
X. Y. Cr. 239; People v. Sharp (1887), 107 N. Y. 431), 5 N. Y. Cr. 572, rev'g 
45 Hun, 460; People v. Willis (1898), 24 Misc. 537, 54 N. Y. Supp. 129, 13 
N'. Y. Cr. 343; People v. Bissert (1902), 71 App. Div. 118, 135, 75 N. Y. 
Supp. 630; People v. Jensen (1904), 99 App. Div. 356. 360, 90 N. Y. Supp. 
1062, 19 N. Y. Cr. 7; People ex rel. Dickenson v. Van De Carr (1903), 87 App. 
Di?. 386, 387, 84 N. Y. Supp. 461, 18 N. Y. Cr. 32, 33; People v. Acritelli 
11908), 57 Misc. 574, 110 N. Y. Supp. 430; People v. Gibson (1908), 191 N. 
Y. 227, arg 122 App. Div. 69, 106 N. Y. Supp. 590. 21 N. Y. Cr. 425; People 
V. Jackson (1908), 191 N. Y. 293. 296, 121 App. Div. 858, 107 N. Y. Supp. 
1141, rev'g 47 Misc. 60, 62, 95 N. Y. Supp. 286, 19 N. Y. Cr. 326; see also 
People v. Markhaxn, 04 Cal. 157, 49 Am. Rep. 700. 



373. Juror, arbitrator or referes promising verdict 

A juror or a person drawn or summoned to attend as a juror, 
or a person chosen arbitrator, or apix)iiited referee, who: 

1. Makee any promise or agnenidit to give a verdict, judgment, 
report, award, or decision, for or against any party; or, 

2. Wilfully receives any communication, book, paper instru- 
ment, or information, relating to a cause or matter pending before 
him, except according to the regular course of proceeding upon 
the trial or hearing of that cause or matter, 

Is guilty of a misdemeanor. 

DMiT^tiomt Penal Code, f 73. 

People ex. rel. Munsell v. Oyer and Terminer (1885), 30 Hun, ^11, ^'^.X, 
Cr. 209, 101 N. Y. 245, 4 N. Y. Cr. 76. 

67 



§§ 374-376] BRIBERY AND CORRUPTION [Art. 34 

§ 374. Juror or person authorized to hear or determine 

accepting bribes. 

A juror, referee, arbitrator, appraiser, or assessor, or other 
person authorized by law to hear or determine any question, 
matter, cause, controversy, or proceeding, who asks, receives, or 
agrees to receive, any money, property, or value of any kind, or 
any promise or agreement therefor, upon any agreement or under- 
standing that his vote, opinion, action, judgment or decision, shall 
be influenced thereby, is punishable by imprisonment for not more 
than ten years, or by fine of not more than five thousand dollars, 
>r both. 

Derivation: Penal Code, § 74. 

People V. Sharp (1887), 107 N. Y. 439, 5 N. Y. Cr. 572, rev'g 46 Hun, 460. 

§ 375. Liability of trial juror for taking grift or gratuity. 

A person, drawn or notified to attend, as a trial juror, in an 
(tction, in a court of record, or not of record, or in a special pro- 
ceeding before an officer, who takes any thing to render his verdict, 
or receives, from a party to the action or special proceeding, a 
gift or gratuity, forfeits ten times the sum, or ten times the value 
of that, which he took or received, to the party to the action or 
special proceeding, aggrieved thereby; and is also liable to that 
party, for his damages sustained thereby; besides being subject to 
the punishment, prescribed by law. 

Derivation: Code Civil Procedure, { 1103. 

§ 376. Embracery. 

A person who influences or attempts to influence improperly, 
a juror in a civil or criminal action or proceeding, or one drawn 
or summoned to attend as such a juror, ar one chose n an arbitrator, 
or appointed a referee, in respect to his verdict, judgment, report, 
award or decision in any cause or matter pending, or about to be 
brought before him, in any ease, or in any manner not included 
in sections three hundred and seventy-three or three hundred and 
seventy-four, is guilty of a misdemeanor. 

DeriTation: Penal Code, § 75. 

People V. Selliek (1886), 4 N. Y. Cr. 329; People v. Glen (1902), 173 N. Y. 
395, 397, 402, aff'g 64 App. Div. 167, 71 N. Y. Supp. 893; see also Turner v. 
Bearsley, 19 Wend. 348; Gibbs v. Dewey, 5 Cow. 603; State v. Salee, 3 Ner. 
209. 

68 



Art. 341 BRIBERY AXD CORRUPTION [§§ 377-379 

§ 3T7. Liability of embraceor procuring trial juror to take 
gain or profit 

An embraceor, who procures a person, drawn or notified to 
attend, as a trial juror, to take gain or profit, contrary to section 
three hundred and seventy-five, forfeits ten times the sum, or ten 
times the value of that, which was so taken, to the party aggrieved 
thereby; and is also liable to that party for his damages sustained 
thereby; besides being subject to the punishment, prescribed by 
law. 

DeriTation: Code Civ. Proc, § 1194 

§ 378. Bribing certain public officers. 

A person who givt^ or offers, or causes to be given or ofl^ered, 
a bribe, or any money, propcirty, or value of any kind, or any 
promise or agreement therefor, to a person executing any of the 
functions of a public office, other than one uf the uffici rs or per- 
sons designated in articles one hundred aud twenty-four, one hun- 
dred and seventy, and in sections three hundred and seventy-one 
and twenty-three hundred and twenty of this chapter, with intent 
to influence him in respect to any act, decision, vote, or other 
proceeding, in the exercise of his powers or functions, is punish- 
able by iraprisonmeuit for not more than ten years, or by a fine 
of not more than five thousand dollars, or both. 

DeriTatlonx Penal Code, § 78. 

People V. Jaehne (1886), 103 N. Y. 191, 4 N. Y. Cr. 478; People v. Sharp 
(1887), 107 N. Y. 427, 5 N. Y. Cr. 672, rev'g 5 N. Y. Cr. 388; People v. Rich- 
mond. (1887), 107 N. Y. 427, 5 N. Y. Cr. 97; People v. Mills (1904), 91 App. 
Div. 331, 86 N. Y. Supp. 629, rev'd 178 N. Y. 274; People v. Jackson (1905), 
47 Misc. 73, 95 N. Y. Supp. 286. 



§ 370. Bribery of witnesses. 

A person who is, or is about to be, a witness upon a trial, hear- 
ing, or other proceeding, before any court, or any officer author- 
ized to hear evidence or tako testimony, who recefives, or agrees 
OP offers to receive, a bribe, upon any agreement or understanding 
that his testimony shall be influenced thereby, or that he will 
absent himself from the trial, hearing, or other proceeding, is 
guilty of a felony. 

DtHTAtiomt Penal Code, f 80. 

99 



§§ 380-381] BRIBERY AND CORRUPTION [Art 34 

§ 380. Bribery of labor representatives. 

A person who gives or offers to give any money or other things 
of value to any duly appointed representative of a labor organiza- 
tion with intent to influence him in respect to any of his acts, 
decisions, or other duties as such representative, or to induce him 
to prevent or cause a strike by the employees of any person or 
corporation, is guilty of a misdemeanor; and no person shall be 
excused from attending and testifying, or producing any books, 
papers or othc»r documents before any court or magistrate, U|M.n 
any investigation, proceeding or trial, for a' violation of this sec- 
tion, upon the ground or for the reason that the testimony or evi- 
dence, documentary or otherwise, required of him may tend to 
convict him of a crime or subject him to a penalty or forfeiture ; 
but no person shall be prosecuted or subjected to any penalty or 
forfeiture for or on account of any transaction, matter or thing 
concerning which he may so testify or produce evidence, docu- 
mentary or otherwise, and no testimony so given or produced shall 
be received against him upon any criminal investigation or pro- 
ceeding. 

D«riTationt Penal Code, § 447f, added L. 1904, ch. 659 

§ 381. Offender a competent witness. 

A person offending against any provision of any section of 
this chapter relating to bribery and corruption, is a competent 
witness against another person so offending, and may be com- 
pelled to attend and testify upon any trial, hearing, proceeding, or 
investigation, in the same manner as any other person. But the 
testimony so given shall not be used in any prosecution or proceed- 
ing, civil or criminal, against the person so testifying. A person 
so testifying to the giving of a bribe which has been accepted, shall 
not thereafter be liable to indictment, prosecution, or punishment 
for that bribery, and may plead or prove the giving of testimony 
accordingly, in bar of such an indictment or prosecution. 

DeriTAtioii: Penal Code. § 79. 

People V. Sharp (1887), 107 N. Y. 427, 5 N. Y. Cr. 572, rev'g 5 N. Y. O. 
388; People v. Spencer (1892), 66 Hun, 149, 21 N. Y. Supp. 33; People v. 
Lewis (1896), 14 Misc. 266, 36 N. Y. Supp. 664, 11 N. Y. Cr. 212 70 S. 
R. 482. 



70 



Art 3tl BUCKET SHOPS [§ 390 



ARTICLE 36. 

BUCKET SHOPS. 

filcnoN 390. Acts prohibited ; penalty for violation. 

391. Exhibiting quotations; penalty for violation. 

392. Written statement to be furnished; presumption. 

393. Corporations; additional penalty for second ofTenae. 

394. Definitions. 

395. Witnesses. 

§ 390. Acts prohibited ; penalty for violation. 

Any person, copartnership, firm, association or corporation, 
whether acting in his, their or its own right, or as the officer, agent, 
senant, ooi respondent or representative of another, who shall, 

1. Make or offer to make, or assist in making or offering to 
make any contract resi)ecting the pnrchase or sale, either upon 
credit or margin, of any securities or commodities, including all 
evidenc:s of debt or property and options for the purchase thereof, 
shares in any corporation or association, bonds, coupons, scrip, 
rights, choses in action and other evidences of debt or property 
aiid options for the purchase thereof or anything movable that 
is bought and sold, intending that such contract shall be tenuin- 
ated, closed or settled according to, or upon the basis of the pub- 
lic market quotations of prices made on any board of trade %i ex- 
change upon which such couunodit'ies or securities are dealt in, 
and without intending a bona tide purchase or sale of the same ; or, 

2. Makes or offers to make or assists in making or offering to 
make any contract respecting the purchase or sale, either upon 
credit or margin, of any such securities or commodities, intending 
that such contract shail be deemed terminated, closed and settled 
when such market quotations of prices for such securities or com- 
modities named in such contract shall reach a certain figure, 
without intending a bona fide purchase or sale of the same ; or, 

3. Makes or offers to make, or assists in making or offering 
to make any contract respecting the purchase or sale, either 
upon credit or margin of any such securities or commodities, not 
intending the actual bona tide receipt or delivery of any 
such securities or commodities, but intending a stU\emviw\, cii 
si/eA contract based upon the difference in sue\i p\\ViV\e m?cc\fc"^ 

7 J 



S§ 391-392] BUCKET SHOPS [Art. 36 

quotations of prices at which said securities or commodities are, 
or are asserted to be, bought or sold ; or, 

4. Shall, as owner, keeper, proprietor or person in charge of, 
or as officer, director, stockholder, agent, servant, correspondent 
or representative of such owner, keeper, proprietor or person in 
charge, or of any other person, keep, conduct or operate any 
bucket shop, as hereinafter defined; or knowingly permit or 
allow or induce any person, copartnership, firm, association or 
corporation whether acting in his, their or its own. right, or as 
the officer, agent, servant, correspondent or representative of an- 
other to make or offer to make therein, or to assist in making 
therein, or in offering to make therein, any of the contracts speci- 
fied in any of the three preceding subdivisions of this section. 

Shall be guilty of a felony and on conviction thereof shall, if a 
corporation, be punished by a fine of not more than five thousand 
dollars for each offense and all other persons so convicted shall 
be punished by a fine of not more than one thousand dollars or by 
imprisonmei t for not i^mre tlinn f^ve years, or by both such fine 
and imprisonment. The prosecution, conviction and punishment 
of a corporation hereunder shall not be deemed to l)e a prosecu- 
tion, conviction or punishment of any of its officers, directors or 
stockholders. .(Amended by L. 1913, ch. 236, in effect April 9, 
1J)13.) 

DeriTAtioii: Penal Code, f 355a, added L. 1908, ch. 458. 

§ 391. Exhibiting quotations; penalty for violation. 

Any person, fiiin, copartnership, association or corporation re- 
ceiving, communicating, exhibiting or displaying in any manner 
any statement of quotations '^f prices of any such securities or com- 
modities with an intent to make or offer to make or to assist in 
making or offering to make any contract prohibited in this article 
shall be guilty of a felony and on conviction thereof shall be pun- 
ished as provided in section three hundred and ninety of this 
chapter. 

DeriTatlon: Penal Code, § 355b, added L. 1908. ch. 458. 

§ 302. Written statement to be furnished ; presumption. 

Every person, firm, association, copartnerp^up or corporation 
shall furnish upon A\Titten demand to any customer, or principal 
for whom such person has executrd an oxder for the actual pur- 
chaee or sale of any such securities or coiw\Tvo^\\Aea, fcViSafe\ lot 
2nimodia.te or future delivery, a written atatemciit eoTiX^voiti^ ^ 



Art. 36J BUCKET SHOPS [§§ 393-394 

names of the persons from whom such property was bought, or 
to whom it has been sold, as the ease may be, the time when, 
place where, the amount of and the price at which the same was 
either bought or sold ; and if such person, firm, association, co- 
partnership or corporation shall refuse or neglect to furnish such 
statement within forty-eight hours after such demand, such refusal 
shall be prima facie evidence that such purchase or sale was made 
in violation of this article. 

DerlTAtion: Penal Code, { 355c, added L. 1908, ch. 458. 

§ 393. Corporations ; additional penalty fo:* second offense. 

If a domestic corporation shall be convicted of a second of- 
fense hereunder the supreme court shall have jurisdiction upon 
an action brought by the attorney-general, in the name of the 
people, for that purpose, to dissolve such corporation; and if a 
foreign corporation shall be convicted of a second offense, such 
court shall have jurisdiction in an action brought in like manner 
to restrain such corporation from doino: business in this state. 

DerlTAtiomx Penal Code, § 355d, added L. 1908, ch. 468. 

§ 394. Definitions. 

" Bucket shop " shall mean any building, or any room, apart^ 
ment, booth, office or store therein or any other place where any 
contract prohibited 1»^- this article is made or offered to be made. 

OMriTAtioat i'euui v.oue. \ 35oe| added L. 1908, ch. 458. 

§ 395. Witnesses. 

Xo person shall be excused from attending and testifying, or 
producing any book, paper, or other document before any court 
or magistrate, upon any trial, investigation, or proceeding initi- 
ated by the district attorney, grand jury or court for a violation 
of any of the provisions of this article, upon the ground or for the 
reason that the testimony or evidence, documentary or otherwise, 
required of him may teiul to convict him of a crime or to subject 
him to a penalty or forfeiture; but no peron shall be prosecuted 
or subjected to any penalty or forfeiture for or on account of any 
transaction, matter or thing eoneeriiing which he may so testify 
or produce evidence, doeumeiitarv k>x otherwise, and no testimony 
so given or produced shall be received against him upon any 
criminal action^ suit ov proceeding, investigatiow, \wc\\\\^\\.\cvw ot 
inquiry. (Added hy L. 1913, ch. 230, in effect XiptW ^, \S^V?>^y 

73 



I 400] BURGLAKY j;Art. 38 



ARTICLE 38. 

BURGLARY. 

Section 400. Definitions. 

401. Dwelling-houses, when deemed separate. 

402. Burglary in first degree. 

403. Burglary in second degree. 

404. Burglary in third degree. 

405. Unlawfully entering building. 

406. Punishment for separate crime committed in building by 

burglar. 

407. Punishment for burglary. 

408. Burglar*s instruments. 

§ 400. Definitions. 

Break. The word "" break,'' as used in this article, means and 
includes : 

1. Breaking or violently detaching any part, internal or ex- 
ternal, of a building; or, 

2. Opening, for the purpose of entering therein, by any means 
whatever, any outer door of a building, or of any apartment or 
set of apartments therein separately used or occupied, or any 
window, shutter, scuttle, or other thing, used for covering or' 
closing an opening thereto or therein, or whicli gives passage from 
one part thereof to another; or, 

3. Obtaining an entrance into such a building or apartment, by 
any threat or artifice used for that purpose, or by collusion with 
any |>erson the rein ; or, 

4. Entering such a building or apartment by or throup:h any 
pipe, chimney, or other op uiug, or by excavating, digging, or 
breaking through or under the building, or the walls or foundation 
thereof. 

Building. The term " building,'' as used in this article, in- 
clude^s a railway car, vessel, booth, tent, shop, inclosed ginseng 
gardri!, or other ortx-tion or inclosure. 

DwellinGf-house. A bnildins:, anv part of which is usnallv occu- 
pied by a person lodc:in^ therein at night, is, for the nurposes of 
this article deenud a tlwellinir-hons'\ 

Enter. The word " entf r," as used in this article, includes 
/"Ae entrance of the offender into a\\c\\ W\\A\T\fi^ oy ^v^Tt\wont, 
V- t^e insertion therein of any part oi \\\^ \>oAy ot oi wi^ Va? 

74 



Art. 38] BURGLAEY [§ 401 

strument or weapon, held in his hand, and used, or intended to 
be used, to threaten or intimidate the inmates, or to detach or 
remove property. 

DeriTAtiont Penal Code, §S 499, 501, 502 and 504, as amended 1903, 
ch. 332. 

Break.— Foster v. People (1874), 3 Hun, 6, aflf'd 63 N. Y. 619; Tickner 
V. People (1876), 6 Hun, 657; McCourt v. People (1876), 64 N. Y. 683; Peo- 
ple V. Gartland (1898), 30 App. Div. 534, 52 N. Y. Supp. 352, 13 N. Y. Cr. 
Id3; see also People v. Boujet. 2 Park, 11; People v. Bush. 3 Park, 652; 
Brown v. State, 55 Ala. 123, 28 Am. Rep. 693; Walker v. State, 63 Ala. 49, 
35 Am. Rep. 1 ; State v. Ward, 43 Conn. 489, 21 Am. Rep. 665 and note, 069; 
State V. Groninj;, 33 Kans. 18; (on. v. Strupney, 105 Mass. 588, 7 Am. Rep. 
556; Robinson v. State, 53 Md. 151, 36 Am. Rep. 399; State v. McPherson, 
70 X. C. 239, 16 Am. Rep. 769; State v. Crawford, 8 N. D. 639, 46 L. R. A. 
312: Timmcna v. State, 34 Ohio St. 426, 32 Am. Rep. 376; Rolland v. Com. 
82 Pa. St. 306, 22 Am. Rep. 758; Johnston v. Com., 85 Pa. St. 54, 27 Am. 
Kep. 622; Nicholls v. State, 68 Wis. 416, 60 Am. Rep. 870; Smith's Case, 4 
City Hall Rec. 62; Guche's Case, 6 City Hall Rec. 12; Clark v. People, 5 Th. 
4 C. 33: Adkinson v. State, 5 Baxt. 569, 30 Am. Rep. 69. 

BnUdiag.—People v. Richards (1888), 108 N. Y. 137, 1 Am. St. 373, rev'g 
44 Hun, 278; Lantry v. Mede (1908), 127 App. Div. 560; see also People v. 
Hagan, 14 X. Y. Supp. 233; People v. Stickman, 34 Cal. 242; Orrell v. People, 
94 III. 456, 34 Am. Rep. 241 ; Barnett v. State, 38 Ohio St. 7. 

Dwelllni:-hon«e.— Rodgers v. People (1881), 86 N. Y. 360, 40 Am. Rep. 
548, rev'g 22 Hun, 383: see also Quinn v. People, 71 N. Y. 561, 27 Am. Rep. 
H7; Jones' Case, 1 City Hall Rec. 183; Mills* Case, 3 City Hall Rec. 192; Rob- 
ertson's Case, 4 City Hall Rec. 63; Wood's Case, 5 City Hall Rec. 10; Smith's 
Case. 5 Citv Hall Rec. 167. 

Enter.— Sullivan v. People (1882), 27 Hun, 37; Harrison , v. State, 20 Tex. 
App. 387, 54 Am. Rep. 629. 

§ 401. Dwening-houses, when deemed separate. 

If a building is so con!^truet((l as to consist of two or more 
parts, int<»ndtd to be occupied by difforent tenants usually lodging 
therein at night, each part is deemed the separate dwelling-house 
of a tenant occupying the same. If a building is so constructed as 
to consist of two or more parts occupied by diflFeront tenants 
separately for any puri)ose, each part or apartment is considered 
u separate building within the meaning of this article. 

DeriTAtion: Penal Code. § 503. 

Mason v. People (1803), 20 N. Y. 200; Rodgers v. People (1881), 86 N. Y. 
3«0, rev'g 22 Hun, 383: see also Proplp v. ( alvort. 22 N. Y. Supp. 220; People 
V. Bush, 3 Park, 552; Smith v. People, 115 HI. 17; RoWaud v. Com., ^ ^«.. 
St 06, ^ Am. Rep. 626. 

75 



§§ 402-404] BURGLARY [Art 38 

§ 402. Burglary in first degree. 

A person, who, with intent to commit some crime therein, breaks 
and enters, in the night time, the dwelling-house of anothetr, in 
which there is at the time a human being: 

1. Being armed with a dangerous weapon; or, 

2. Arming himself therein with such a weapon ; or, 

3. Being assisted by a confederate actually present ; or, 

4. Who, while engaged in the night time in effecting Buch enr 
trance, or in committing any crime in such a building, or in 
escaping therefrom, assaults any person, 

Is guilty of burglary in the first degree. 

DerivAtion: Penal Code, § 496. 

Mason v. People (1863), 26 N. Y. 200; Foster v. People (1875), 63 X. Y. 
619, alf'g 3 Hun, 6; Sullivan v. People (1882), 27 Hun, 35; People v. Meegan 
(1887), 104 N. Y. 529; People v. Richards (1887), 5 N. Y. Cr. 355, 44 Hun, 
283; People v. Moran (1890), 123 N. Y. 254, rev'g 54 Hun, 279, 7 N. Y. Supp. 
582; People v. Rainier (1908), 127 App. Div. 47; see also People v. FeRingef, 
24 How. Pr. 341, 15 Abb. Pr. 128; State v. Real, 37 Ohio St. 108, 41 Am. 
Rep. 490; State v. Teeter, 8 Crim. L. Mag. 58; Myers v. People, 4 Th. ft C. 292. 

§ 403. Burglary in second degree. 

A person who, with intent to commit some crime therein, breaks 
and enters the dwelling-house of another in which there is a human 
being, under circumstances not amounting to burglary in the first 
degree, is guilty of burglary in the second degree. 

DerivAtioni Penal Code, § 497. 

§ 404. Burglary in third degree. 
A person who: 

1. With intent to commit a crime therein, breaks and enters a 
building, or a room, or any part of a building; or, 

2. Being in any building, commits a crime therein and breaks 
out of the same. 

Is gnilty of burglary in th^ third degree. 

DeriTAtiont Penal Code. § 498. 

Mason v. People (1863), 26 N. Y. 200; Foster v. People (1875), 63 N. Y. 
aff'g 1 Lans. 263; People v. Richards (1887), 5 N. Y. Cr. 355, rev'd on other 
grounds, 108 N. Y. 137; People v. Richards (1888). 108 N. Y. 137, rev'g 44 
Hun, 283, 278; People v. Haipht (1889), 54 Hun, 9. 7 N. Y. Supp. 80; People 
V. Bosworth (1892), 64 Hun, 77, 19 N. Y. Supp. 114; People v. Meyers (1900), 
J^^N. Y. 389. 14 N. Y. Cr. 497; People v. Dixon (1907), 118 App. DiT. 598, 
JOSJ^. Y. Supp. 186; Lantry v. Mede (1908), 127 App.DW. ^^. 



Art 38] BURGLARY [§§ 405-408 

§ 405. Unlawfully entering building. 

A person who, under circumstances or in a manner not amount- 
ing to a burglary, enters a building, or any part thereof, with in- 
tent to commit a felony or a larceny, or any malicious mischief, is 
guilty of a misdemeanor. 

DeriTations Penal Code, § 505. 

People V. Meegan (1887), 104 N. Y. 529, 5 N. Y. Cr. 523; People v. Cor- 
coran (1901), 34 Misc. 332, 69 N. Y. Supp. 569, 15 N. Y. Cr. 392; Bornman 
V. Star Co. (1903), 174 N. Y. 220. 

§ 406. Punishment for separate crime committed in building 
by burglar. 

A person who, having entered a building under such circum- 
stances as to constitute burglary in any degree, commits any crime 
therein, is punishable therefor, as well as for the burglary; and 
may be prosecuted for each crime, separately, or in the same in- 
dictment. 

Derivations Penal Code, § 506. 

People V. Wilson (1897), 151 N. Y. 403, 12 N. Y. Cr. 116; People ex rel. 
Dawkin8 v. Frost (1908), 129 App. Div. 499, 58 Misc. 620, 109 N. Y. Supp. 
1121; see also People v. Marks, 4 Park, 153. 

§ 407. Punishment for burglary. 

Burglary is punishable by imprisonment in a state prison as 
follows : 

1. Burglary in the first degree, for not less than ten years. 

2. Burglary in the second degree, for a term not exceeding ten 
years. 

3. .Burglary in the third degree, for a term not exceeding five 
years. 

Derivations Penal Code, § 507, as amended L. 1892, ch. 662, $ 13. 
People V. Harrington (1884), 3 N. Y. Cr. 139, 15 Abb. N. C. 163, 1 How. 
Pr. (N. S.) 37; People ex rel. Dawkins v. Frost (1908), 129 App. Div. 499. 

§ 408. Burglar's instruments. 

A person who makes or mends, or causes to be made or mended, 
or has in his possession in the day or night time, any engine, 
machine, tool, false key, picklock, bit, nippers or implements 
adapted, designed or commonly used for the commission of 
\mjghr^, larcenjr or other crime, under circnmalancea e^Yxvdxv^ vcv 

77 



§ 408] BURGLARY [Art. 38 

intent to use or employ, or allow the same to be used or employed, 
in the commission of a crime, or knowing that the same are in- 
tended to be so used, shall be guilty of a misdemeiinor, and if he 
has been previously convicted of any crime, he is guilty of a 
felony. 

DeriTAtion: Penal Code, § 508. as amended L. 1884, ch. 360, { 1. 

People V. Lyons (1896), 18 Misc. 339, 41 N. Y. Supp. 646; People v. Thomp 
•on (1898), 38 App. Div. 177, 63 N. Y. Supp. 497, 13 N. Y. Cr. 273; People v. 
Reiily (1900), 49 App. Div. 218, 63 N. Y. Supp. 18, aflF'd 164 N. Y. 600; 
also People v. Morgan, 35 N. Y. St 643, 13 N. Y. Suppl. 448. 



^A 



Ail 4UJ BUSINESS XIHD TRADE [§§ 420-421 



ARTICLE 40. 

HUSIHESS AMD TRADB. 

420. Article of merchandise defined. 

421. Untrue and misleading advertisements. 

422. Marking certain articles silver, sterling silver or solid lilver. 

423. Selling silverware marked coin or coin silver. 

424. Marking soldered metal sterling or sterling silver. 

425. Marking soldered metal coin or coin silver. 

426. Marking metal placed on leather or other substances sterling 

or sterling silver. 

427. Marking metal placed on leather or other substances, coin or 

coin silver. 

428. Marking watch cases sterling or sterling silver. 

429. Marking watch cases coin or coin silver. 

430. Marking articles made of linen. 

431. Marking articles made of gold. 

432. Illegal charges for elevating, receiving or discharging grain. 

433. Sale of agricultural products on commission. 

434. Concealing foreign matter in merchandise. 
4.3.5. Faipe labels. 

4.36. Using false marks as to manufacture. 

436a. T>facinp identification mark on motor vehicles. 

437. Penalty for selling half wine not labeled. 

438. Skimmed milk. 

430. Corrupt influencing of ag^nt*. employees or servants. 

440. Conducting bu<»inrs3 undiir as^^unied name. 

441. Producing unpiiMishcd, undedieatvd or copyrighted opera oP 

dramatic composition without consent of owner. 

442. Provisions when property is puichasied o;i credit by aid of 

written statement of purclaser's ability to pay. 

443. Tickets issued by People's Institute not transferable. 

444. Discrimination by exchanges or members. 
444. Manufacture and sale of mattresses. 

^44. Contracts for the use of the streets for hack stands. 

§ 420. Article of merchandise defined. 

The ex -)i\.s ion *' ari:icle uf merchandise," as used in this article, 
fi2mifie3 any paods. wares, work of art, commodity, compound, 
mixture or other preparation or thing, which may be lawfully 
kept o'* offecd for sale. 

Derlvaiiout Femil (ode, § 2G.), as amerdcd L. 18S2, ch. 334, $ 1. 

§ d21. Untrus and misleading advertisements. 

If any per?on, firm, corpjiaiioii or aisociation, cr agent or em- 
plujee thereof, with intent to sell or in any wise dispose of mer- 
cliandiie, real estate, service, or anything offered by such person, 
tirm, corporation, or association, or agent or employee thereof, di- 
rectly or indirectly, to the public for sale or distribution, ot m\3cL 
mtent to increase the consumption thereof, or to induce l\ie '^xjJcAVoi 
in Mnjr manner to enter into unv . /)iigation relating ther^t/^, ot \J^ 

^9 



§ 422] BUSINESS AND TIIADE [Art. 40 

acquire title thereto, or an interest therein, knowingly makes, pub- 
lishes, disseminates, circulates, or places before the public, or 
causes, directly or indirectly, to be made, published, disseminated, 
circulated, or placed before the public, in this state, in a newspa- 
per, magazine or otlier publication, or in the form of a book, notice, 
circular, pamphlet, letter, hand bill, poster, bill, sign, placard, 
card, label, or tag, or in any other way, an advertisement, an- 
nouncement or statement of any sort regarding merchandise, ser- 
vice or anything so offered to the public which contains any asser- 
tion, representation or statement of fact that is untrue, deceptive 
or misleading, or that amoimts to an offer to sell, barter or exchange 
real estate, by means of prizes, rewards, distinctions, or puzzle 
methods, such person, corporation or association, or the members 
of such firm, or the agent of such person, corporation, association 
or firm, shall be guilty of a misdemeanor punishable by a fine of 
not less than twenty-five dollars nor more than one thousand dol- 
lars, or by imprisonment for not more than one year, or by both 
such fine and imprisonment. (Repealed and re-enacted by L. 
1915, ch. 669. In effect Sept. 1, 1915.) 

DeriTation: Penal Code, § 364 (8), added L. 1904, ch. 423, § 1. 

See People v. Ikfolms (1888), 7 N. Y. Cr. 51, 10 N. \. Supp. 130; People v. 
Fisher (1889), 60 Hun 552, 3 N. Y. Supp. 786; Richard v. Boland (1893), 5 
Misc. 663, 26 N. Y. Supp. 67; Bulena v. Newman (1894). 10 Misc. 460, 31 X. 
Y. Supp. 449; People v. Hilfman (1901), 61 App. Div. 542. 70 N. Y. Supp. 
621, 15 N. Y. Cr. 456; People v. Krivitzky (1001), 168 X. Y. 182, 16 X. Y. 
Cr. 63; People v. Strauss (1904), 94 App.'^Div. 453. 88 X. Y. Supp. 40; Peo- 
ple V. Blake (1907), 121 App. Div. 613, 1(6 X. Y. Supp. 319. 

§ 422. Marking certain articles silver, sterling silver or solid 
silver. 

Any person, firm, corporation or association who makes or sells, 
or offers to sell or dispose of, or has in his cr its po session, with 
intent to sell or dispose of, any article of merchandise marked, 
stamped or branded with the words "sterling" or ** sterling sil- 
ver," or incased or inclosed in any box, packa i\ \ cover or wrapper, 
or other thing in, by or witli which the said article is packed, in- 
closed or otherwise prepared for sale or disposition, having there- 
upon any engraving or printed lalx^l, stamp imprint, mark or 
trade-mark, indicating or denoting bv such marking, stamping, 
branding, engraving or printing that such article is silver, sterling 
silver or solid silver, unless nine hundred and twenty-five one- 
thousandths of the com|K)nent parts of the metal of which the said 
article is manufactured is pure silver, is guilty of a misdemeanor. 

DeriTation: Penal Code, § 364a, added L. 1894, ch. 474, i 1, and 
amended L. 1898, ch. 330, § 1. 

People V. Webster (1896), 17 Mi»c. 410, 40 X. Y. Supp. 1135. 

80 



I 



Art. 40] BUSINESS AND TKADE [§§ 424-426 

§ 423. Selling silverware marked coin or coin silver. 

Any person, firm, corporation or association who makes or 
sells, or offers to sell or dispose of, or has in his or its possession 
with intent to sell or dispose of, any article of merchandise 
marked, stamped or branded with the words " coin " or " coin 
silver," or incased or inclosed in any box, package, cover or wrap- 
per, or other thing in, by or with which the said article is packed, 
inclosed or otherwise prepared for sale or disposition, having 
thereupon any engraving or printed laW, stamp, imprint, mark or 
trade-mark, indicating or denoting by such marking, stamping, 
branding, engraving or printing that such article is coin or coin 
silver, unless nine hundred one-thousandths parts of the com- 
ponent parts of the metal of which the said article is manufactured 
is pure silver, is guilty of a misdemeanor. 



DmrlTations Penal Code, S 364b, added L. 1894, ch. 474, | 1, and 
amended L. 1898, ch. 330, S 2. 



§ 424. Marking soldered metal sterling or sterling silver. 

Any person, firm, corporation or association who makes or 
sells, or offers to sell or dispose of, or has in his or its possession 
with intent to sell or dispose of, any article of merchandise, whose 
component parts are made of the same metal soldered together, 
wtich article is marked, stamped, or branded with the words 
" sterling " or ''sterling silver," unless all of said component parts 
shall contain not less than nine hundred and twenty-five one- 
thousandths parts of pure silver, is guilty of a misdemeanor. 

Derlvationt Penal Code, § 364c, ad(!eJ L. 1808, ch. 330, S 3. 

§ 425. Marking soldered metal coin or coin silver. 

Any person, firm, corporation or association who makes or sells, 
or offers to sell or dispose of, or has in his or its j>ossession with 
intent to sell or dispose of, any article of merchandise, whose- 
component part^ are madi^ of llio same metal solderc^.l together, 
•which article is marked, stamped, or brand d with the words 
"coin" or "coin silver," unless all of said componnit parts shall 
contain not less than nine hundred one^thousandths parts of pure 
silver, is guilty of a misdemeanor. 

D«riTatl«at Penal Code, § 364d, added L. 1898, ch. 330, S 3. 



81 



§§ 426-429] BUSINESS ASD TRx\DE fArt. 40 

§ 426. Marking metal placed on leather or other substancei^ 
sterling or sterling silver. 

Any person, firm, corporation or association who makes or sells, 
or .offers to sell or dispose of, or has in his or its possession with 
intent to sell or dispose of, any article of merchandise comprised of 
leather, shell, ivory, celluloid, pearl, glass, porcelain, pottery, steel, 
or wood to which is applied or attached a metal mounting marked, 
stamped or branded with the words " sterling '' or *' sterling 
silver," unless said applied or attached metal mounting shall con- 
tain not less than nine hundred and twenty-five one-thousandths 
parts of pure silver, is guilty of a misdemeanor. 

DeriTations Penal Code, § 364e, added L. 1898, cb. 330, § 3. 

§ 427. Marking metal placed on leather or other substances, 
coin or coin silver. 

Any person, firm, corporation or association who makes or sells, 
or offers to sell or dispose of, or has in his or its possession with 
intent to sell or dispose of, any article of merchandise comprised of 
leather^ shell, ivory, celluloid, pearl, glass, porcelain, pottery, steel, 
or wood to which is applied or attached a metal mounting marked, 
stamped or branded with the words " coin " or " coin silver," 
unless said applied or attached metal mounting shall contain not 
less than nine hundred one-thousandths parts of pure silver, ii 
guilty of a misdemeanor. 

D«HTatio]it Penal Code, S 364f, added L. 1898, ch. 330, | 3. 

§ 428. Marking watch cases sterling or sterling silver. 

Any person, firm, corporation or association who makes or sells, 
or offers to sell or dispose of, or has in his or its possession with 
intent to sell or dispose of, any article of merchandise comprised 
of works or movements and a case or covering applied or attached 
thereto, wholly or partially concealing said works or movements 
marked, stamped or branded with the words " sterling " or " ster- 
ling silver," unless said case or covering shall contain not less 
than nine hundred and twenty-five one-thousandths parts of pure 
silver, is guilty of a misdemeanor. 

I>«riTatio]it Penal Code, § 364g, added L. 1898, ch. 330, { 3. 

§ 429. Marking watch cases coin or coin silvet*. 
Anv person, Snn, corporation or associalioii Tw\io ixiokfia ot wSa^ 

82 



Art. 40] BUSINESS AND TRADE [§§ 430-432 

or oflFers to sell or dispose of, or has in his or its possession with 
intent to sell or dispose of, any article of merchandise com- 
prised of works or movements and a case or covering applied or 
attached thereto, wholly or partially concealing said works or 
movements marked, stamj)ed or branded with the words " coin " 
or " coin silver," unless said case or covering shall contain not 
Ifss than nine hundred one-thousandths parts of pure silver, is 
guilty of a misdemeanor. 

DeriTAtionx Penal Code, § d64h, added L. 1898, di. 330, S 3. 

§ 430. Marking articles made of linen. 

Any person, firm, corporation or association who makes or sells 
or offers to sell or dispose of, or has in his or its possession, with' 
intent to sell or dispose of, any collars or cuffs marked, stamped, 
or branded with the words " linen," " pure linen " or " all linen " 
or incased or inclosed in any box, package, cover or wrapper or 
other thing in, by or with which the said article is packed, in- 
closed or otherwise prepared for sale or disposition, having there- 
upon any engraving or printed label, stamp, imprint, mark, or 
trade-mark, indicating ox denoting by such marking, stamping, 
branding, engraving or printing, that -such article is " linen," 
" pure linen," ar " all linen," unless the material of which the said 
collars or cuffs are manufactured contains at least one fold or ply 
which has a flax thread in both its warp and filling, is guilty of a 
misdemeanor. 

DerlTations Penal Code, S 3641, added L. 1900, eb. 680. 

§ 431. Marking articles made of gold. 

Any person, firm, corporation or association who or which 
makes or sdls or offers to sell or dispose of, or has in his or its 
possession with intent to sell or dispose of, any article of mer- 
chandise, constructed in whole or in pait of gold or of any alloy 
of gold and having stamped, branded, engraved or imprinted 
thereon any mark indicating or designed or intended to indicate 
that the gold or alloy of gold in such article is of a greater degree 
or karat of .fineness by more than one karat than the actual quality 
or fineness of such gold or alloy, is guilty of a misdemeanor. 

DwrlTAtioms Penal Code, i 364j, added L. 1005, ch. 287. 

I 43S. Illegal charges for elevating, receiving or discharging 
grain. 

A penoD who ab&rgea for elevatiDg, reoeiving or diwliBiT^v^ 

88 



§§ 433-435] BUSINESS AND TRADE [Art. 40 

grain by means of floating or stationary elevators a greater sum than 

is allowed by law is guilty of a misdenieanor. 

BeriTations Penal Code, § 384c, added L. 1896, ch. 551. 

§ 433. Sale of agricultural products on commission. 

A person who violates any provision of section three hundred and 
ninetv-seven of the general business law is guilty of a misdemeanor. 

DeriTationt Penal Code, § 384d, added L. 1806, ch. 551. 

§ 434. Concealing foreign matter in merchandise. 

A person who, with intent to defraud, while putting up in a barrel, 
bag, bale, box, or other package, cotton, liops, hay, or any other article 
of niercliandise whatever, usually sold by weight in such packages, 
places or conceals therein any other substance or thing whatever, in a 
case where special provision for the puuislmient thereof is not other- 
wise made by statute, is guilty of a misdemeanor. 

Derivation: Penal Code, § 406. 

§ 435. False labels. 

A person, who, with intent to defraud : 

1. Puts upon an article of merchandise, or upon a cask, bottle, 
stopper, vessel, case, cover, wrapper, package, band, ticket, label or 
other thing, containing or covering such an article, or with which such 
an article is intended to be sold, or is sold, any false description or other 
indication of or respecting the kind, number, quantity, weight or meas- 
ure of such article, or any part thereof, or the place or country where 
it was manufactured or produced or the quality or grade of any such 
articrle, if the quality or grade thereof is required by law to be marked, 
branded or otherwise indicated on or with such article; or, 

2. Sells or oiTers for sale an article, which to his knowledge is falsely 
described or indicated upon any such package, or vessel containing the 
same, or label thereupon, in any of the particulars specified; or, 

3. Sells or exposes for sale any goods in bulk to which no name or 
trade-mark shall be attached,, and orally or otherwise represents that 
such goods are the manufacture or production of some other than the 
actual manufacturer or producer, in a case where the punishment for 
such oiTense is not specially provided for otherwise by statute; or, 

4. Sells or exposes for sale any meat or meat preparation and falsely 
represents the same to be kosher, or as having been prepared under 
and of a product or products sanctioned by the orthodox Hebrew re- 
ligious requirements ; or falsely represents any food product or the con- 
tents of any package or container to be so constituted and prepared, by 
having or permitting to be inscribed thereon the word " kosher " in any 
language, 

Is guiltv of a misdemeanor. (Amended bv L. 1915, ch. 233, in 
effect Sept. 1, 1915.) 

84 



Art, 40] BUSINESS AND TRADE [§§ 436-438 

DeriTAtion: Penal Code, § 438, as amended L. 1889, ch. 46. 

Low V. Hall (1871). 47 N. Y. 104; Materne v. Horwitz (1885), 101 N. Y. 
469. aflTg 50 N. Y. Super. 41; People v. Blake (1907), 121 App. Div. 613, 106 
y. Y. Supp. 319, 21 N. Y. Cr. 428. 

§ 436. Using false marks as to manufacture. 

A person who, with intent to defraud or to enable another to defraud 
any person, manufactures or knowingly sells or causes to be manu- 
factured or sold, any article, marked, stamped or branded or incased 
or inclosed in any box, bottle or wrapper, having thereupon any engrav- 
ing or printed label, stamp, imprint, mark or trade-mark which article 
is not the manufacture, workmanship or production of the person 
named, indicated or denoted by such marking, stamping or branding, or 
by or upon such engraving, printed label, stamp, imprint, mark or 
trade-mark, is guilty of a misdemeanor. 

DeiiTations Penal Code, § 438a, added L. 1893, eh. 692, § 2. 
People V. Blake (1907), 121 App. Div. 613, 106 N. Y. Supp. 319, 21 N. Y. 
Cr. 428. 

§ 436a. Defacing identification mark on motor vehicles. 

A person who knowingly buys, sells, receives, disposes of, conceals or 
knowingly has in his possession any motor vehicle, as defined in section 
two Imndred and eighty-one of the highway law, from w-hieh the manu- 
facturer's serial number or any other distinguishing number or identi- 
fication mark has been removed, defaced, covered, altered or destroyed 
for the purpose of concealment or misrepresenting the identity of the 
said motor vehicle, shall be guilty of a misdemeanor. (Added by L. 
1917, ch. 708, in effect Sept. 1, 1917.) 

§ 437. Penalty for selling half wine not labeled. 

A person who sells, offers for sale or manufactures with intent to 
sell, any wine known as " half wine," which is not stamped, marked or 
labeled as required by law, is guilty of a misdemeanor. 

Derivations Penal Code, § 438b, added L. 1893, oh. 692, § 2. 



§ 438. Skimmed milk. 

A person who sells or offers for sale, milk from which the whole or a 
part of the cream has been skimmed or removed, without disclosing the 
fact, or having a mark or label, plainly and legibly stating the fact, 
conspicuously aflfixed to every can or vessel containing the same, under 
circumstances not constituting an offense, for the punishment of which 
provision is otherwise specially made by statute, is guilty of a mis- 
demeanor. 

DeriTmtiont Penal Code, § 439. 

Verona Central Cheese Co. v. Murtaugh (1872), 50 N. Y. 318, rev'g 4 Lana 
17; People v. Fanerback, 5 Park 311. 

85 



§§ 439-140] BUSINESS AND TEADE [Art. 40 

§ 439. Corrupt influencing of agents, employees or servants. 

Whoever gives, offers or promises to an agent, employee or 
servant, any gift or gratuity whatever, without the knowledge and 
consent of the principal, employer or master of such agent, em- 
ployee or servant, with intent to influence his action in relati(Xi 
to his principal's, employer's or master's business; or an agent, 
employee or servant who without the knowledge and consent of 
his principal, employer or master, requests or accepts a gift or 
gratuity or a promise to make a gift or to do an act beneficial to 
•himself, imder an agreement or with an understanding that he 
shall act in any particular manner to his principal's, employer's 
or master's business ; or an agent, employee or servant, who, being 
authorized to procure materials, supplies or other articles either 
by purchase or contract for his principal, employer or master, 
or to employ service or labor for his principal, employer or master, 
receives directly or indirectly, for himself or for another, a com- 
mission, discount or bonus from the person who makes such sale 
or contract, or furnishes such materials, supplies or other articles, 
or from a person who renders such service or labor; and any 
person who gives or offers such an agent employee or servant such 
commission, discount or bonus shall be guilty of a misdemeanor 
and shall be punished by a fine of not less than ten dollars nor 
more than five hundred dollars, or by such fine and by imprison- 
ment for not more than one year. 

DerivAtion: Penal Code, § 384r, added L. 1906, ch. 136. 

Sirkin v. Fourteenth Street Store (1908), 124 App. Div. 387, 108 N. Y. 
Siipp. 830, 55 Misc. 288, 105 N. Y. Supp. 179, 54 Misc. 136; People V. PergoU 
(N. Y. Special Sessions), N. Y. L. J., Jan. 14, 1907. 

§ 440. Conducting business under assumed name. 

1. No person or persons shall hereafter carry on or conduct or 
transact business in this state under anv assumed name or under 
any designation, name or style, corporate or otherwise, other than 
the real name or names of the individual or individuals conduct- 
ing or transacting such business, unless such person or persons 
shall file in the office of the clerk of the county or counties in which 
such person or persons conduct, or transact or intend to conduct 
or transact such business, a certificate setting forth the name under 
which such business is, or is to be, conducted or transacted, and 
the true or real full name or names of the person or persons con- 
ducting or transacting the same, with the post-office address or 
addresses of said person or persons. Said certificate shall be exe- 
cuted and duly acknowledged by the person or persons so conduct- 
ing, or intending to conduct said business. No person or pexBons 
shall hereafter use, or file a certificate for the use of, any family 
name or names or colorable simulation thereof to carry on or con- 

86 



duct or transact business in this state unless the name, or one of 
the names, so usl d or intended to be used is the true or real name 
of the person or of one of the persons conducting or intending to 
conduct said business, or said person or persons are successors in 
interest to the person or persons theretofore using such name or 
names to carrj' on or conduct or transact business, in which case 
the certificate filed shall so state. (Subd. 1 amended by L. 1915, 
eh. 446. In effect Sept. 1, 11)15.) 

2. Persons conducting such busines? under an assumed name, 
or under any such designation referred to in subdivision one, on 
Septf.-mber first, nineteen hundred, shall file such certificate as 
hereinbefore prescribed, within thirty days after that date, and 
persons theieafter conducting or transacting business as aforesaid 
shall, before commendng said business, file such certificate in the 
manner hereinbefore prescribed. 

o. The several county clerks of this state shall keep aa alpha- 
betical index of all persons filing certificates, provided for herein, 
and for tlie indexing and filing of such certificates, they shall re- 
ceive a fee of twenty-five cents. A copy of such certificate duly 
certified to by the county clerk in whose office the same shall be 
filed shall be presumptive evidence in all courts of law in this 
state of the facts therein contained. 

4. This section shall in no way affect or apply to any corpora- 
tion duly organized under the laws of this state, or to any corpora- 
tion organized under the laws of any other state and lawfully 
doing business in this state, nor shall this section be deemed or con- 
strued to prevent tlie lawful use of a partnership name or designa- 
tion, provided that such partnership name or designation shall in- 
clude the true or real name of at least one of such persons transact- 
iiig such business. 

r>. Any person or persons carrying on, conducting or transact- 
ing business as aforesaid, who shall fail to comply with the pro- 
visions of this section shall be guilty of a misdemeanor. 

DeriTAtloBt Penal Code, § 363b, adjed L. 1900. ch. 216. 

Doyle V. Shuttlcworth (1903), 41 Misc. 42. 83 N. Y. Supp. 609; Loeb v. 
Firemen's Ins. Co. (1902), 38 Misc. 107, 77 N. Y. Supp. 106, aff'd 78 App. 
DiT. 116; Doyle v. Shuttleworth (1903). 41 Misc. 44, 83 N. Y. Supp. 60<); 
Slater ▼. Slater (1903), 78 App. Div. 440, 453, 80 N. Y. Supp. 363; Castle 
Bros. V. Graham (1903), 87 App. Div. 97. 84 N. Y. Supp. 120; Pettes v. 
American Watchman's Clock Co. (1903), 80 App. Div. 345. 85 N. Y. Supp. 
900; Steinfeld v. Nat. Shirt Waist Co. (1904), 99 App. Div. 288, 90 N. Y. 
Supp. 964; Matter of Kaffenburgh (1907), 188 N. Y. 49, 56, aff'g 115 App. 
DiT. 346, 101 N. Y. Supp. 607; Barrow v. Maceau (1908), 124 App. Div. 667, 
109 N. T. Supp. 105. 

§ 441. Producing unpublished, undedicated or copyrighted 
opera or dramatic composition, without consent of owner. 
An}' person who causes to be publiclv performed or represented 

87 



§ 442] BUSINESS AND TRADE [Art. 40 

for profit any unpublished, undedicated or copyrighted dramatic 
composition, or musical composition known as an opera, without 
the consent of its owner or proprietor, or who, knowing that such 
dramatic or musical composition is unpublished, undedicated or 
copyrighted and without the consent of its o^nier, or proprietor, 
pennits, aids or takes part in such a performance or representa- 
tion, shall be guilty of a misdemeanor. 

UerlTAtion: Penal Code, § 729, added L. 1899, ch. 475. 

§ 442. Provisions when property is purchased on credit by aid 
of written statement of purchaser's ability to pay. 

Whenever proi>erty shall be purehastd by aid of a statement 
relating to the purchasers means or ability to pay, made in writ- 
ing and signed by the party to be charged, and in said statement 
the party to be charged shall state that he conducts a specified 
kind of business and keeps books of account of said business, 
then, if at the expiration of any term of credit obtained by him 
in so purchasing said property he shall fail to pay for the same, 
he shall at all times during the period of ninety days subsequent to 
such failure to pay, upon the request of the persons from whom 
said property was purchased, or their agents duly accredited in 
writiug, produce within ten days after such request is made his 
said books of account and each and every one of them mentioned 
or described in said statement and permit the persons from whom 
said property was purchase<l, or their agents duly accredited in 
writing, to fully examine such books of account and each and every 
one of them mentione<i or described in said statement, and to 
make copies of any part thereof. Upon such request being made, 
failure to so produce within ten days said books of account and 
'^ach and every one of them mentioned or described in said state- 
:nent shall be presumptive evidence that each and every pretense 
"elating to the purchasers means or ability to pay in said state- 
ment contained were false at the time of making said statement 
and were known to the purchas* r to be false. 

DerlTAtion: Penal Code, I 544, as amended L. 1905, ch. 566, in part. 
ror remainder of section, see § P47. post. 

Watson V. People (18«2), 87 N. Y. 561. aflF^ 26 Hun. 76; People ▼. Moore 
(1886), 37 Hun. 93, 3 X. Y. Cr. 468: People v. Dumar (1886), 106 N. Y. 502, 
8 N. Y. Cr. 268, rev'g 42 Hun, 80, 5 N. Y. Cr. 55: People v. Page (1889), 4 N. 
Y. Supp. 780, 7 N. Y. Cr. 6; People v. Hart (1901), 35 Miac 188, 71 N, Y. 
Bupp. 492; People ex rel. Corkran v. Hyatt (1902), 172 N. Y. 176, 187, mr'g 

88 



:: App. Div. 629, 76 N. Y. Supp. 1026; People v. Rothstein (1904). 180 N. Y. 




§ 14:3. Tickets issued by People's Institute not transferable. 

It ^••jill be unlawful for any person or coriwration to buy, sell or otherwise 
triTKftT, or receive by transfer, for a consideration, any ticket, contract or 
li., iTtcianda issued by the corporation or association known as the People's 
lii^it tiito entitling a person or persons to a reduced fee for admission to any 
drAmritic or other performance or entertainment. A perjson or corporation 
violating the provisions of this section is guilty of a misdcnieunor. (Added by 
L. 1*109, ch. 424, in effect Sept. 1, 1000.) 

§ 444. I>i8CTiinination8 by exchanges or members. 

Xo exchange, voluntary association, or corporation, heretofore or hereafter 
f«»m:»'il or organized, for the purpose of affording to its nieinhcrs, or to others, 
f;i«'''tM's for dealing or trndinj^ in stocks, bonds or other sccnritie*. or in com- 
nio'liti*"*. shall make or enforce any by-lnw. nilo, regulation, resolution or 
:i!frinient the purpose or result of which shall bu to forbiil or prevent the mem- 
h*T* of such exchange, voluntary ^^*y(^oiiti()ii, or corporation, from dealing, at 
the regular rates of commission, with or for tlie members of any other exchange, 
vohintary n«««oci'»tion, or corporation formed or orjranized for like juirposes. nor 
sliiill any ^nch «»xr»h'in!re. voluntary association, or corporation penalize or dis- 
cipline or attempt to penalize or discipline its members, or any of them, for an 
infraction of any such by-law, rule, regulation, resolution or agreement. Any 
corporation violating any of the foregoing provisions, and any person participat- 
i.nir in the acts herein forbidden to be done by any exchanjre, vohuit iry assneii- 
tion, or corporation, and any member of any such exchange, voluntary associa- 
tion, or corporation refusing to deal with or for any customer as above pro- 
vided, on the ground that said customer is a meml)er of some other exchange, 
voluntary association or corporation of like character, is guilty of a mis- 
demeanor. (Added by L. 1913, ch. 477, in effect Sept. 1, 1913.) 

§ 444. Hanuf acture and sale of mattresses. 
Any person who : 

1. Manufactures, sells, offers for sale or possesses with intent to sell any 
mattresses not properly branded or labeled, as required by the general business 
law, or 

2. Manufactures, sells, offers for sale or possesses with intent to sell any 
mattress which is falsely branded or labeled, or 

3. Uses in the manufacture of mattresses any cotton or other material which 
has been used as a mattress, pillow or bedding in any public or private hospital, 
or which has been used by any person having an infectious or contagious dis- 
ease, shall be guilty of a misdemeanor, punishable by a fine of not more than 
fire hundred dollars or by imprisonment for not moVe than six months or by 
both. (Added by L. 1913, ch. 503, in effect Jan. 1, 1914.) 

^ 444. Contracts for the use of the streets for hack stands. 

The owner, lessee or other occupant of any real property, or any other per- 
son, copartnership or corporation, who shall make or enter into any agreement, 
contract or arrangement whatsoever wherebv the right is attempted to be 
granted or is granted to any person, copartner«ihip, association or corporation to 
D«e '»ny portion of any miblic highway, street, avenue, boulevard, park or other 
public properly owned by the state of Xew York or any municipality therein 
for the purpose of permitting any vehicle to stnnd while awaiting passengers 
for hire or as a private hack stand, and any owner, lessee or other person, 
(©partnership or corporation who shall make or enter into any contract or 
amngement for the payment of or receives thereby any sum of moLey, per- 
centage or profits or other thing of value under any such contract, agreement, 
MDsent or arrangement for such use of such public property as such private 
^ itand, shall be guilty of a misdemeanor. (Added by L. 1913, ch. 813, io 
tfect Dec. 17, 1913.) 

89 



§^60-463] CAXALS [Art 42 

ARTICLE 42. 

CANALS. 

Sbotion 460. Deliverng false bill of lading to canal collector. 

461. Weighmaster making false entry of weight of canal boftt. 

462. Canal officer concealing frauds upon the revenue. 

463. Wilfull injuries to the canals. 

464. Drawing water from canals. 

465. Canal officer accepting bribe to allow water to be drawn from 

canals. 

§'400. Delivering false bill of lading to canal collector. 

A person wboee duty it is to deliver to any collector of tolls 
npon any of the canals belonging to this state, a bill of lading of 
any property transported upon such canal, who delivers a false 
bill of lading as true, or makes or signs a false bill of lading, 
intending it to be delivered as true, knowing such bill to be false, 
is punishable by imprisonment in a state prison not exceeding 
two years, or by a fine not exceeding three times the value of the 
property omitted in such bill, or both. 

DeriTatioii: Penal Code, § 476. 

Davis V. BemiB (1869), 40 N. Y. 453; Fire Department ▼. Stetson, 14 Daly, 
180. 

§ 401. Weighmaster making false entry of weight of canal 
boat* 

A weighmaster upon any of the canals belonging to this state, 
and a clerk of such weighmaster, who makes a false entry of tlie 
weight of any boat, or cargo of any boat, navigating suci canal, 
or who makes a false certificate of the light weight of any boat, 
knowing such entry or certificate to be false, is guilty of a mis- 
demeanor. 

DeriTatioBt Penal Code, § 477. 

§ 402. Canal officer concealing frauds upon the revenue. 

A public officer or agent employed by the people of this state 
in relation to the canals l)don^in;r to this state, who knows, or has 
good reason to believe that any fraud upon the revenues of the 
canals has been committed or attempted, and who omits to dis- 
close the same, and enforce the penalties therefor, if within his 
power, is guilty of a misdemeanor. 

DeriTatioB: Penal Code. § 478. 

§ 403. Wilful injuries to the canals. 

A person who, without authority of law, wilfully inflicts an 
injury upon any of the canals belonging to this state, or any side- 
cut, feeder, reservoir or other works connected with the canal sys- 
tem, or disturbs or injures any of the boats, locks, lights, light- 
houses, beacons, buoys, bridges, buildings or machinery or other 
works or erections connected with such canal system and in which 

00 






Art 42] CAJ^^ALIS L§8 «^-4G0 

the people of the state lave an interest or without authority, oper- 
ates or attempts to operate the machinery or apparatus on or con- 
nected with any lock, bridge or dam, or opens or attempts to open 
any gate for the passage of water through or from any such canal, 
side-cut, feeder or reservoir, is guilty of a felony. (Amended by 
L 1915, eh. 498. In effect May 3, 1915.) 

DeriTation: Penal Code, 9 479. 

Sipple ▼. State (1886), 99 N. Y. 289, 16 Abb. N. C. 484; People ▼. O'Con- 
nor (1900), 31 Misc. 668, 66 K. Y. Supp. 126; People v. Manahan (1901), 61 
App. Div. 75, 70 N. Y. Supp. 108, 15 N. Y. Or. 431. 

§ 464. Drawing water from canals. 

A person who draws water from any canal in this state, or from 
a feeder or reservoir of any canal, during the season of navigation 
of the canal, and to the detriment or injury of the navigation 
thereof, without authority of law, is punishable by imprisonment 
in a county jail not less ^an one year, and by a fijie not less than 
one thousand dollars. 

DeriTation: Penal Code, § 480. 

Robinson v. Chamberlain (1866), 34 N. Y. 389; Sipple v. State (1885), 99 
N. Y. 289, 16 Abb. N. C. 434; see also Varick v. Smith, 5 Paige, 136; Lynch v. 
btone, 4 Den. 356; Ex parte Miller. 2 Hill, 418. 

§ 465. Canal officer accepting bribe to allow water to be 
drawn from canals. 

A public officer or agent employed by the people of this state 
in relation to the canals belonging to the state, or a contractor for 
canal repairs, or per£on having charge of any canal, or any part 
thereof, or of any lock, waste weir, feeder or other work belonging 
thereto, or being employed thereon, who asks, or accepts or prom- 
ise s to accept any bribe as an inducement to permit water to be 
drawn from a canal, feeder or reservoir in violation of the last 
seetio!! ; and a person who givc>, or offers or promises to give to 
auy o ticer or person above mentioned, any bribe as an inducement 
to h'm to pf-rniit water to be drawn from any canal, feeder or 
reseiToir in violation of this section, is guilty of a misdemeanor. 

DcriTatiom Penal Code, 9 481. 

§466. 

A person who, without authority, cuts, removes, causes to be 
removed or aids in removing from any lands belonging to this state 
for canal purposes, any tree, timber or growin:; hay, or removes 
or causes to be removed from such lands, any rock, stone, sand or 
gravel or any materials found in natural deposit, or who, without 
authority, erects, or enters upon such land for the purpose of erect- 
ing, any house, shed, building or structures of any kind or nature 
on such canal lands, is g 'iUy of a mi-demeanor. (Added by L. 
1915, ch. 491- In effect Mav 3, 1915.) 

91 



§ 480] CHILDREN {Art 44 



ARTICLE 44 



SKonoir 480. Abandonment of children. 

481. Abandonment of child under fourteen yeaitk 

482. Unlawfully omitting to provide for child. 

483. Endangering life or health of child. 

484. Permitting children to attend certain resorts. 

485. Certain employment of children prohibited. 

486. Prohibited acts; destitute children. 

487. Children's courts. 

488. Sending messenger boys to certain nlaces. 

489. Furnishing minors in reformatories with tobacco prohibited. 
400. Duty of officers. 

"^01. Fines to be paid to society for prevention of cruelty to ehildr«i. 

492. Concealing birth of child. 

493 Taking apprentice without consent of guardian, 

§ 480. Abandonment of children. 

A parent or other person charged with the care or custody for 
nurture or education of a child under the age of sixteen years, 
who abandons the child in destitute circumstances and wilfully 
omits to furnish necessary and proper food, olothing or shelter 
for such child is euilty of felony, punishable by imprisonment 
for not more than iwo years, or by a fine not to exceed one thou- 
sand dollars, or by b^»th. In case a fine is imposed the same may 
be applied in the disi^retioii of the court to the support of such 
child. Proof of the abandonment of such child in destitute cir- 
cumstances and omissior to furnis-h necessary and proper food, 
clothing or shelter is prii'.a facie evidence that such omission is 
wilful. The provisions of action twenty-four hundred and forty- 
five pn>hibitiiig the di solo. 'ire of confidential communications 
between husband anfl wife sLmU not apply to prosecutions for the 
offense here defined. A prev.ous conviction of felony or misde- 
meanor shall not prevent the co irt from suspending sentence upon 
a conviction under this section, o/ from arbitrarily fixing the limit 
of imprisonment or fine, in case imprisonment or fine is imposed 
upon conviction herein. 

Nothing in this section shall be deemed or construed to repeal, 
amend, impair or in any manner affect the provisions of sections 
four hundred and eighty-one, four hundred and eighty-two and 

9? 



Art 44] CHILDREN [§§ 481-482 

fcur hundred and eighty-tbree of this chapter or any other exist- 
ing provisions of law relating to abandonment or other acts of 
craelty to children. 

DwlTatioBS Penal Code, S 287a, added L. 1905, ch. 168, S 1. New ma^ 

t«r, L. 1905, ch. 168, 9 2. 

People V. Joyce (1906), 112 App. Div. 717, 98 N. Y. Supp. 863, 20 N. Y. 
Cr. 107. 

§ 481. Abandonment of child under fourteen years. 

A parent, or other person having the care or custody, for 
nurture or education, of a child under the age of fourteen years, 
who deserts the child in any place, with intent wholly to abandon 
it, is punishable by imprisonment in a state prison for not more 
tlian seven years. 

DeriTatioiit Penal Code, 9 287, as amended L. 1903, ch. 376, S 1; I^ 
1892, ch. 325, § 2. 

Btyne v. People (1878), 14 Hun, 181; People ex rel. Douglass v. Naehi 
(1883), 30 Hun, 461; People V. Trank (1G03), 88 App. Div. 294, 85 N. Y. 
Supp. 55, 18 N. Y. Cr. 42; People v. Joyce (1906), 112 App. Div. 717, 720, 
722, 98 N. Y. Supp. 863, 20 N. Y. Cr. 104. 

§ 482. Unlawfully omitting to provide for child. 

A person who: 

1. Wilfully omits, without lawful excuse, to perform a duty 
by law imposed upon him to furnish food, clothing, shelter or med- 
ical attendance to a minor, or to make such payment toward its 
maintenance as may have been required by the order of a court 
or magistrate when such minor has been committed to an insti- 
tution ; or, 

2. Xot being a superintendent of the poor, or a superintendent 
of alms-houses, or an institution duly incorporated for the ])urpo8e, 
without bavins: first obtaned a license in writing so to do from 
the board of health of th^ city or town wlu rein such f( males or 
children are received, boarded or kept, erects, condncts, e^^tab- 
lishes or maintain? any maternitv^ hospital, lyingr-in asylum where 
females may br received, cared for or treated during preiaiancy, 
or during or after delivery; or receives, boards or keeps any 
nufiing children, or any children under the age of twelve years 
not his relatives, apprentices, pupils or wards without legal com- 
mitment; or, 

3. Being a midwife, nurse or other person having the care ol 

93 



§ 482] CHILDREN [Art 44 

an infant within the age of two weeks neglects cr omits to report 
immediately to the health officer or to a legally qualified prac- 
titioner of medicine of the city, town or place where such child 
is being eared for, the fact that one or both eyes of such infant 
are inflamed or reddened whenever such shall bo the case, or who 
applies any remedy therefor without the advice, or except by 
the direction of such officer or physician ; or, 

4. Neglects, refuses or omits to comply ^vith any provisions of 
this sedition, or violates the provisions of such license, 

Is guilty of a misdemeanor. 

Every such license must specify the name and residence of 
the person so undertaking the care of such females or children, 
and the place and the number of females or children thereby al- 
lowed to be received, boarded and kept therein, and shall ha 
revocable at will by the authority granting it. Every person so 
licensed must keep a register wherein he shall enter the name 8 
and ages of all such children and of all chilelren born on said 
premises, and the name^ and rcsidene'cs of their parents, as far 
ns known, the time of th ^ reception and discharge of such children 
and the reasons therefor, and also a correct register of the name 
and age of every child under the age of five years who is given 
out, adopted, taken away or indentured from such place to or 
by any one, together with the name and residence of the person 
so adopting, taking or indenturing such child ; and shall cause 
a correct copy of such register to be sent to the authority 
issuing such license within forty-eight hours after such child is 
so given out, adopted, taken away or indentured. It shall be 
lawful for the officers of any incorporated society for the pre- 
vention of cruelty to children and of such board of health at all 
reasonable times to enter and inspect the premises wherein such 
females and children are so boarded, received or kept, and also 
such license, register and the children. 

5. No institution shall be incorporated for any of the purposes 
mentioned in this section except with the written consent and 
approbation of a justie^e of the supreme court, upon the certificate 
in writing of the state board of charities approving of the organi- 
zation and incorporation of such institution. The said U)ard 
of charities may apply to the supreme court for the cancellation 
of any certificate of incorporation previously filed without it? 
approval, and may institute and maintain an action in such court 
through the attorney-general to procure a judgment dissolving any 

94 



IMAffm "rXJ V^XXXUX-^XVXIiXl LJJ lO 



-.1 



ioch corporation not so incorporated and forfeiting ita corporate 
ri^ts, privileges and franchises. 

DeriTmtUnt Penal Code, § 288, &8 amended L. 1884, ch. 46, } 3; L. 1886, 
eh. 31, 9 2; L. 1888, ch. 145, S 4; L. 1892, ch. 325, S 3; 8ubd. 5, which wa« 
iddcd L. 1894, ch. 171. 

Furman v. Van Sise (1874), 66 N. Y. 436; Cowley v. People (1880), 83 N. 
Y. 464, 38 Am. Rep. 464, aff'g 21 Hun, 416, 8 Abb. N. C. 1; People ex rel. 
Wagner v. Hagan (1900), 52 App. Div. 387, 65 N. Y. Supp. 120, 16 N. Y. 
Cr. 136, aff'd 166 N. Y. 607; People v. Pieraon (1903), 63 L. R. A. 187, 176 
y. Y. 201, rev*g 80 App. Div. 415, 81 N. Y. Supp. 214; People v. Allcutt 
(1907), 117 App. Div. 552, 102 N. Y. Supp. 678, 20 N. Y. Cr. 567; People v. 
Quimby (1903), 113 App. Div. 794, 99 N. Y. Supp. 330; People v. Joyce 
51906), 112 App. Div. 722, 98 N. Y. Supp. 863, 20 N. Y. Cr. 107; City of New 
lork V. Chelsea Jute Mills (1904), 43 Misc. 269, 88 N. Y. Supp. 1085; see also 
Cromwell v. Benjamin, 41 Barb. 658; Dedham v. Natick, 16 Mass. 140; Kelly 
?. Davis, 49 N. H. 176, 6 Am. Rep. 499. 

§ 483. Endangering life or health of child. 
A person who: 

1. Wilfully causes or permits the life or limb of any child 
actually or apparently under the age of sixteen years to be en- 
dangered, or its health to be injured, or its morals to become 
depraved; or, 

2. Wilfully causes or permits such child to be placed in such 
a situation or to engage in such an occupation that its life or 
limb is endangered, or its health is likely to be injured, or its 
morals likely to be impaired, 

Is guilty of a misdemeanor. 

3. fSubd. repealed bv L. 1910, ch. 699, in effect June 25, 1910.] 

DerlTatioB: Penal Code, $ 280, as amended L. 1888, ch. 145, $ 5; subd. 
3. which was added L. 1905, ch. 655, § 2. 

Cowley V. People (1880), 83 N. Y. 464; People v. Pierson (1903), 176 N. 
Y. 201, rev'g 80 App. Div. 415, 81 N. Y. Supp. 214; People v. Joyce (1906), 
112 App. Div. 722, 98 N. Y. Supp. 863, 20 N. Y. Cr. 107; People v. Donahua 
(1906), 114 App. DiT. 830, 100 N. Y. Supp. 202, 20 N. Y. Cr. 341. 

96 



§ 484] CHILDREX , [Art. 44 

§ 484. Permitting children to attend certain resorts. 

A person who : 

1. Admits to or allows to remain in any dancehouse, public pool 
or billiard room, public bowling alley, concert saloon, theatre, mu- 
seum, skating rink, kinetoscopc or moving picture performance, or 
in any place where wines or spirituous or malt liquors are sold or 
given away, or any place of entertainment injurious to health 
or morals, owned, kept, leased, managed or controlled by him or 
by his employer, or where such person is employed or performs 
such services as doorkeeper or ticket seller or ticket collector, any 
child actually or apparently under the age of sixteen years, unless 
accompanied by its parent or guardian, or unless such theatrical 
performance, kinetoscope or moving picture exhibition or other 
entertainment is given imder the auspices, or for the benefit of 
any school or church or education or religious institution, not 
operated for profit, or, (Amended by L. 1909, ch. 278; L. 1010, 
chs. 38:3, 47r>, L. 1911, ch. 248, in effect Sept. 1, 1911.) 

2. Suffers or permits any such child to play any game of skill 
or chance in any such place, or in any place adjacent thereto, or 
to be or remain therein, or admits to or allows to remain in any 
reputed house of prostitution or assignation, or in any place where 
opium or any preparation thereof is smoked, any child actually 
or apparently under the age of sixteen years ; or, 

3. Sells or gives away, or causes or permits or procures to be 
sold or given away to jiny child actually or apparently imder the 
ago of sixteen years any beer, ale, wine, or any strong or spirituous 
liquor; or, 

4. Being a pawnbroker or person in the employ of a pawnbroker, 
receives or purchases any goods, chattels, wares or merchandise, or 
makes any loan or advance or permits to be loaned or advanced to 
any child actually or apparently imder the age of sixteen years any 
money, or in any manner directly or indirectly receives any goods, 
chattels, wares or merchandise from any such child in pledge for 
loans made or to be made to it or to any other person or otherwise 
howsoever; or, (Amended by L. 1918, eh. 361, in effect April 
30, 1918.) 

5. Sells, pays for or furnishes any cigar, cigarette or tobacco 
in any of its fonns to any child actually or apparently under the 
age of eighteen years; or (Subd. amended by L. 1917, ch. 564, 
in effect September 1, 1917.) 

6. Being the owner, keeper or proprietor of a junk shop, junk 
cart or other vehicle or boat or other vessel used for the collection 
of junk, or any person in the employ of such owner, keeper or 
proprietor, or any collector of junk, receives or purchases any 
^oods, chattels^ wares or merchandise from any child under the age 

96 



Art. 44J CHiLUKEJN L§ 485 

of sixteen years, (Amended by L. 1918, ch. 361, in effect April 
30, 1918.) 

Is guilty of a misdemeanor. 

It shall be no defense to a prosecution for a violation of sub- 
divisions three, four, five or six of this section, that in the trans- 
action upon whicli the prosecution is ba^ed the child acted as the 
agent or representative of another, or that the defendant dealt with 
rucli child as the agent or representative of another. 

DeriTmtioiit Penal Code, § 290, as amended L. 1889, ch. 170; L. 1884, 
ch. 46. M ; L. 1886, oil. 31, 5^ 3 ; L. 1889, ch. 170, § 1 ; subd. 6. added by L. 1903, 
ch. 309 and subd. 8, added L. 1906, cli. 41. 

People V. Jensen (1904), 99 App. Div. 366, 369, 90 N. Y. Supp. 1062, 19 
X. Y. Cr. 7; People v. Goeghegan (1883), Sup. Ct. Sp. Term, Barrett, J., Apr. 
25, 1883. 

Svbd. 1.— People «x rel. Jacques v. Sheriff (1907), 64 Misc. 8, 122 App. 
Div. 878, 107 X. Y Supp. 415, 21 X. Y. Cr. 557. 

Svbd. 3.— People v. Koenig (1896), 9 App. Div. 436, 41 N. Y. Supp. 283; 
People V. Hartstein (1906), 49 Mifec. 336, 99 N. Y. Supp. 272, 20 N. Y. Cr. 

1,2. 

Subd. 5.— People v. Zabor (1904), 183 X. Y. 242, 103 App. Div. 594, 92 
X. Y. Supp. 1139, 44 Misc. 634, 90 X. Y. Supp. 412. 

Subd. 6.— People v. McGuire (1906), 113 App. Div. 631, 99 X. Y. Supp. 
91, 20 X. Y. Cr. 125. 

§ 485. Certain employment of children prohibited. 

A person who employs or causes to be employed, or who exhibits, 
uses, or has in custody, or trains for the purpose of the exhibition, 
Use or emi)loyiflrent of, any child actually or apparently under the 
a<;e of sixteen years ; or who having the care, custody or control of 
."Ueh a child as parent, relative, guardian, employer or otherwise, 
ij^'lls, lets out, gives away, so trains, or in any way procures or 
consents to the employment, or to such trainir.g, or use, or exhibi- 
tion of such child ; or who neglects or refuses to restrain such 
child from sueli training, or from engaging or acting: 

1. As a rope or wire walker, gvTnnast, wrestler, contortionist, 
rider or acrobat ; or upon any bicycle or similar mechanical vehicle 
or contrivance; or, 

2. In begging or receiving or soliciting alms in any manner 
or under any pretense, or in any mendicant occupation ; or in gath- 
ering or picking rags, or collecting cigar stumps, bones or refuse 
from markets; or in j>eddling; or, 

3. In singing; or dancing; or playing upon a musical instru- 
ment; or in a theatrical exhibition; or in posing or acting, or as a 
subject for use, in or for, or in connection with, the making of a 
motion picture film; or in any wandering occupation; or, 

4. In any illegal, indecent or immoral exhibition or practice; 
or in the exhibition of any such child when insane, idiotic, or 
when presenting the appearance of any deformity or unnatural 
physical formation or development ; or 

97 



§ 485] CHILDREN [Art 44 

5. In any practice or exhibition or place dangerous or injurious to 

the life, limb, health or morals of the child, is guilty of a misde- 
meanor. But this section does not apply to the employment of any 
child as a singer or musician in a church, school or academy; or in 
teaching or learning the science or practice of music ; or as a musician 
in any concert or in a theatrical exhibition or in posing or acting, or 
as a subject for use, in or for, or in connection with, the making of a 
motion picture film with the written consent of the mayor of the city, 
or the president of the board of trustees of the village where such 
concert or c^liibition takes place. Such consent shall not be given 
unless forty-eight hours previous notice of the application shall have 
been served in writing upon the society mentioned in section four 
hundred and ninety-one of this chapter, if there be one w^ithin the 
county, and a hearing had thereon if requested, and shall be revocable 
at the will of the authority giving it. It sliall specify the name of the 
child, its age, the names and residence of its parents or guardians, the 
nature, time, duration and number of performances permitted, together 
with the place and character of the exhibition; and where any child 
is to be employed in the making of a motion picture film it shall pro- 
vide that the child is to be employed only in the manner described 
and set forth in the statement in writing submitted with the applica- 
tion, as hereinafter provided. Any person applying Tor such consent 
for the use or employment of any such child or children in any place 
in th.e state, in posing or acting for or as a subject for use in or in 
connection with the making of a motion picture film shall submit with 
such application a true and accurate statement in writing setting forth 
and describing in detail the entire part to be taken and each and every 
act and thing to be done and performed, by such child in the making 
of such film to the local official having authority to issue such permits 
or of any such society having jurisdiction in such place. But no such 
consent shall be deemed to authorize any violation of the first, second, 
fourth or fifth subdivisions of this section. (Amended by L. 1916, ch 
278, in effect April 24, 1916.) 

Derivation: Penal Code, § 202, as amended L. 1884, ch. 46, § 6; L. 1886, 
ch. 31, § 5; L. 181)2. eh. 309. 

The Society for the Ref. of Juv. Del. v. Diers (1871), Sup. Ct. Gen. Term, 
Jan., 1871, 10 Abb. Pr. (N. S.) 216; People v. Denabla (1876), N. Y. Spec. 
Sess., Nov. 16. 1876: People v. Leonard (1876), Donahue, J., Dec. 11, 1876; 
Matter of Rivers ( 1877) , Donahue, J., May 25, 1877 ; Matter of Corinne ( 1881 ), 
Sup. Ct. Donahue, J., Daily Rejjister, Dec. 16, 1881; People v. Alberle (1883), 
K. Y. Spec. Se«H., aflTM bvHon. Rufus B. Cowinp:, City Judge, Mar. 27, 1883; 
People V. Perkins ( 1884) , N. Y. Spec. Sess., aflf'd by Recorder Smyth, 1884, 

98 



Atl 44] CHILDREN [§ 486 

MS. opinion; Ryan v. Buchanan (1886). 37 Hun, 425; People v. Ewer (1892), 
141 N. Y. 129, aff'g 8 N. Y. Cr. 383; Matter of Steven* (1893), 70 Hun, 243, 
24 y. Y. Supp. 780; People ex rel. Saunders v. Grant (1893), 70 Hun. 233, 
24 N. Y. Supp. 776: People v. Malone (1901), 63 App. Div. 117, 71 N. Y. 
Supp. 224: People v. Lochner (1904). 177 N. Y. 163; &ee also Matter of 
Donahue, 1 Abb. N. C. 1. 

§ 486. Prohibited acts ; destitute children. 

Any child actually or apparently under the age of sixteen years who 
is found : 

1. Bo<(ging or receiving or soliciting alms, in any manner or under 
any pretense ; or gathering or picking rags, or collecting cigar stumps, 
bones or refuse from markets ; or, 

2. Xot having any home or other place of abmle or proper guardian- 
sliip : or who has been abandoned or improperly exposed or neglected, 
by its parents or other person or persons having it in charge, or being 
in a state of want or suffering ; or, 

3. Living or having lived with or in custody of a parent or guardian 
who has been sentenced to imprisonment for crime, or who has been 
convicted of a crime against the person of such child, or has been 
adjudged an habitual criminal ; or, 

4. Frequenting or being in the company of reputed thieves or pros- 
titutes, or in a reputed house of prostitution or assignation, or living 
in such a house either with or without its parent or guardian, or being 
in concert saloons, dance houses, theatres, museums or other places of 
entertainment, or places where wines, malt or spirituous liquors are 
sold, without being in charge of its parent or guardian ; or playing 
any game of chance or skill in any place wherein or adjacent to which 
any beer, ale, wine or liquor is sold or given away, or being in any 
such place ; or, 

5. Coming within any of the descriptions of children mentioned in 
sect'on four hundred and eighty-five, 

Must be arrested and brought before a proper court or magistrate, 
who may commit the child to any incorporated charitable reformatory, 
or other institution, and when practicable, to such as is governed by 
persons of the same religious faith as the parents of the child, or may 
make any disposition of the child such as now is, or hereafter may be 
authorized in the cases of vagrants, truants, paupers or disorderly 
persons, but such commitment shall, so far as practicable, be made to 
such charitable or reformatorv institutions. 

• 

Whenever anv child shall be committed to an institution under 
tliis chapter, and tlie warrant or commitment shall so state, 

99 



62595^^^ 



§ 486] CHILDREN [Art. 44 

and it shall appear therefrom that either parent, or any guardian 
or custodian of such child, was present at the examination before 
such court or magistrate, or had such notice thereof as was by such 
court or magistrate deemed and adjudged sufficient, no further or 
other notice required by any local or special statute, in regard to 
the committal of children to such institution, shall be necessary, 
and such commitment shall in all respects be sufficient to authorize 
such institutions to receive and retain such child in its custody as 
therein directed. 

Whenever any commitment of a child shall for any reason be 
adjudged or found defective, a new commitment of the child may 
be made or directed by the court or magistrate, as the welfare of 
the child may require. And no commitment of a child which shall 
recite therein the facts upon which it is based shall be deemed in- 
valid by reason of any omission of the court or magistrate by whom 
such commitment is made to file any documents, papers or proceed- 
ings relating thereto, or by reason of any limitation as to the age 
of the child committed, contained in the act or articles of incorpo- 
ration of the institution to which it may have been committed. 

If it shall appear to the board of managers, trustees or other 
officers in charge of any incorporated school, reformatory, chari- 
table or other institution authorized bv law to receive and take 
charge of minors to which any child has been committed pursuant 
to any of the provisions of this section or of section twenty-one 
hundred and ninety-four of the penal law or to the provisions of 
any general or special law that a child so committed is incorrigible 
and that his or her presence therein is seriously detrimental to the 
welfare of the institution or other children therein, or that any 
child after such commitment shall have lx?en released on parole or 
probation from such institution and any of the terms or conditions 
of such release shall thereafter be violated, an application may 1^ 
made bv such lx)ard, trustees or officers at anv time before such 
child shall attain the age of twenty-one years to the committing 
court or magistrate or to a justice of the supreme court in the 
judicial district in which the said institution is located, for an order 

100 



Art. 44] CHILDREN [§ 4S6 

for the transfer and commitment of said child to another incorpo- 
rated school, reformatory or institution, authorized by law or flesig- 
nated by the state board of charities to take the custody of any such 
child and governed or controlled by persons of the same religious 
faith as the parents of the said child, when practicable, or if not 
practicable, to such public institution as shall be deemed suitable. 
Such application shall be by petition veritied by an officer of the 
institution to which such child was originally committed and shall 
state the reasons therefor. On the filing of such petition the court, 
magistrate or justice may issue a warrant for the arrest and deten- 
tion of such child pending such application. Due notice of such 
application with a copy of the petition shall be served personally 
or by mail at least eight days before the hearing, on the parents or 
guardian of said child and the officer of the locality chargeable for 
the support of such child and upon the hearing of said petition such 
court, magistrate or justice may grant such order of transfer and 
make such commitment if it appears that such transfer and com- 
mitment should be made; and thereuiK)n such child shall be con- 
fined in the institution to which such transfer and commitment 
shall be made as upon the original commitment until released 
according to law. If the said child has been released upon parole 
or probation from any such institution for juveniles and has later 
been committed to an institution for adult delinquents, and is either 
serving a term of imprisonment in an institution for adult delin- 
quents or has been released upon parole therefrom, and is actually 
at liberty under parole at the time the application is made to the 
court for an order for the transfer and commitment as hereinbe- 
fore provided, then notice of such application for transfer and com- 
mitment must also be served upon the warden, superintendent or 
keeper of the institution where the said child is undergoing im- 
prisonment, or upon the official or officials holding jurisdiction over 
him while he is at liberty from such institution upon parole. 
(Last par. of subd. added by L. 1912, ch. 1G9, and amended by L. 
1917, ch. 430, in effect May 9, 1917.) 
6. No child actually or apparently under sixteen years of age 

100 a 



§ 486j GHILDREX [Art. 44 

shall smoke or in any way use any cigar, cigarette or tobacco in 
any Torm whatsoever in any public street, place or resort. A 
violation of this subdivision shall be a misdemeanoi*, and shall be 
punished by a fine not exceeding ten dollars and not less than two 
dollars for each offense. 

7. AH children actually or apparently under the age of sixteen 
who desert their homes without good or sufficient cause, or keep 
company with dissolute, immoral or vicious persons, shall be 
deemed disorderly children. Those actually or apparently under 
the like age who are not susceptible of proper restraint or control 
by their parents, guardians, or lawful custodians, or who are 
habitually disobedient to their reasonable and lawful commands, 
shall be deemed ungovernable children. A disorderly or ungov- 
ernable child may be dealt with as provided in the fifth subdivision 
of this section. 

8. Any magistrate having criminal jurisdiction may commit, 
temporarily, to an institution authorized by law to receive children 
on final commitment, and to have compensation therefor from 
the city or county authorities, any child under the age of sixteen 
years, who is held for trial on a criminal charge; and may, in like 
manner, so commit any such child held as a witness to appear on 
the trial of any criminal case; which institution shall thereupon 
receive the same, and be entitled to the like compensation propor- 
tionally therefor as on final commitment, but subject to the order 
of the court as to the time of detention and discharge of the child. 
Any such child convicted of any misdemeanor shall be finally com- 
mitted to some such institution, and not to any prison or jail, or 
penitentiary, lon<i:er than is necessary for its transfer thereto. Xo 
child under restraint or conviction, actually or apparently under 
the age of sixteen years, shall be placed in any prison or place of 
confinement, or in any court-room, or in any vehicle for transporta- 
tion in company with adults charged with or convicted of crime. 

0. Whenever anv child is brought before anv court or maffis- 
trate, to be dealt with under anv of the subdivisions of this se^ 
tion, instead of committing such child to confinement in any 
institution, the court or magistrate may place such child under 

\00h 



Art. 44] CHILDREN [§ 486 

the custody of a probation or parole officer, and at any time within 
one year thereafter such court or magistrate, may issue a warrant . 
for such child, and after giving such child an opportunity to be 
heard, may make the commitment which could have been made in 
the first instance as aforesaid. The foregoing provision shall not 
apply to a children's court created by special enactment in cities 
of the first class but this exception shall not be construed as taking 
away or limiting any jurisdiction now possessed by such children's 
courts. If at any time during the proceedings it shall seem to the 
magistrate that any child brought before him under any of the 
subdivisions of this section, appears to be feeble-minded, he may 
cause the child to be examined by two physicians of at least five 
years' experience in the treatment of mental disease, and on the 
written statement of the two examining physicians that in their 
opinion the child is feeble-minded, he may commit him to a public 
institution for the feeble-minded, and .mcli child sliall be detained 
therein until duly discharged by direction of the board of mana- 
gers thereof. (Amended by L. 1915, ch. 480. In effect Sept. 1, 
1015.) 

DeriTation: Penal Code, § 291, aa amended L. 1884, cli. 46, § 6; subd. 6, 
a» amtiidid L. 1886, cli. 31, S 4, and L. ISSS. ch. 145, § 6; subd. 0, a« 
imrnded L. 1802, ch. 217, S 1; Piibd. 7. added L. 1800, ch. 417, § 1; subd. 8, 
added L. 1903, ch. 50, $ 1; subd. 0, added L. 19(»5, ch. 655, § 3. For fe- 
inain.ler of section 291 of the Penal Code, see § 487, post. 

People ex rel. Hoey v. Supt. House of Refuge (1860), Sup. Ct, Apr., 1860, 
MS. opinion; Matter of Williamson (1867), Sup. Ct., 3 Abb. Pr. (N. S.) 
244; People ex rel. Tweed v. Liscomb (1875), 60 N. Y. 550, rev'g 3 Hun, 760, 
6 Th. & C. 658; Matter of Haller (1877), 12 Hun, 131, 3 Abb. N. C. 66; Cow- 
ley V. People (1880), 83 N. Y. 464, aff'g 21 Hun, 415, 8 Abb. N. C. 1; People 
ex rel. McCarthy v. French (1881), 2.') Hun, 111; People ex. rel. Coroado v. 
Catholic Protector^-, Sup. Ct. Chambers. Lawrence J., March 27, 1882; Matter 
of Wright (1883), 29 Hun, 357; People v. Maschke (1884), 2 N. Y. Cr. 168; 
Matter of Larson (1884), 31 Hun, 539; People ex rel. Newby v. N. Y. S. P. C. 
C, Report of Hon. Nelson J. Waterbury, Referee, confirmed by Sup. Ct., Sp. 
Term, Donahue, J., Daily Reg.. March 27, 1884; Matter of Allegi, Sup. Ct. 
Chambers, Bartlett, J., Daily Reg., August 22, 1884: Matter of Cohen, Daily 
Reg., Dec 26, 1884; People ex rel. Perkerson v. Sisters of the Order of St. 
Dominick (1885), 34 Hun, 463, 2 N. Y. Cr. 528, 1 How. Pr. (N. S.) 132; 
People ex rel. Downey v. Dains (1885), 38 Hun, 43; Matter of Averlino, An- 
drews, J., Daily Reg., Mar. 10, 1885; Matter of Barry, Dailv Reg., March 10, 
1885; Matter of MofBt, Daily Reg., May 4, 1886; Matter of*^Maloney (1S89), 
61 Hon, 372, 4 N. Y. Supp. 428, 6 N. Y. Cr. 248; People ex rel. Brown v. 
Carpenter (1890), 123 N. Y. 640; People ex rel. Zcese v. Masten (1804). 79 
Hun, 583, 29 N. Y. Supp. 891; People ex rel. Plot v. Poly (1896), 17 Misc. 
162, 40 N. Y. Supp. 990; People v. Giles (1897), 152 N. Y. 136, rev'g 12 App. 
Div. 495, 42 N. Y. Supp. 749; People ex rel. James v. N. Y. S. P. C. C. 
ns97). 19 Mi«. 562, 44 N. Y. Supp. 1098. 12 N. Y. Cr. 8ft-, Mattel ol X*.w- 
hrntrarht H. Y. L. J., Sept. 2S, 18f>7; Matter of BralTett (IftS^^^ , ^Ti ^V^^^- 
A« 57 JV- r Sapp, 890; Matter of Knowaek (1809), 158 ^. Y. ^^'2., «wV^'% "^^ 

101 



§ 487] CHILDREN [Art. 44 

App. Div. 627, 52 N. Y. Supp. 1144; People ex rel. Amato ▼. House of Good 
Shepherd (1899), 29 Miac. 466, 60 N Y. Supp. 771, 14 N. Y. Cr. 304; Matter 
of Cohn (1899), 28 Misc. 658, 59 N. Y. Supp. 1028; People ex rel. Horton v. 
Fuller (1899), 41 App. Div. 404, 68 N. Y. Supp. 835; People ex rel. Aikens 
V. State Industrial School (1900), 33 Misc. 396, 67 N. Y. Supp. 674, 15 N. Y. 
Cr. 278; Matter of New York Juvenile Asylum, N. Y. L. J., May 8, 1900; 
People ex rel. Dunlap v. New York Juvenile Asylum (1901), 58 App. Div. 
133, 68 N. Y. Supp. 656; People v. Hines (1901), 57 App. Div. 419, 68 N. Y, 
Supp. 276; People v. Angie (1902), 74 App. Div. 542, 77 N. Y. Supp. 832; 
People ex rel. Tully v. Fallon (1902), 73 App. Div. 471, 77 N. Y. Supp. 292; 
People ex rel. Bolt v. Society (1905), 48 Misc. 175, 95 N. Y. Supp. 250; 
People V. O'Neill (1907), 117 App. Div. 827, 102 N. Y. Supp. 988; see also 
People V. Baker, 3 N. Y. Supp. 530; Matter of Baker, 11 How. Pr. 418, 425; 
People V. Brown, 23 Wend. 47; Matter of Coughlin, 62 How. Pr. 34; People ▼. 
Degnen, 6 Abb. Pr. (N. S.) 87, 54 Barb, 105; Matter of Diss Debar, 3 N. Y. 
Supp. 667 ; Matter of Donahue, 1 Abb. N. C. 1 ; People v. Duffy. 5 Barb. 205 ; 
People ex rel. Eck v. American Guardian Society, 1 How. Pr. (N. S.) 137; 
Matter of Forsyth, 66 How. Pr. 180; People v. The Keeper, etc., 37 How. 
Pr. 494; People ex rel. Day v. Mount Magdalen School of Industry, 28 N. Y. 
St. 254, 7 N. Y. Supp. 737; Matter of Moses, 13 Abb. N. C. 1; Matter of 
Nichols, 19 Abb. N. C. 138, 4 N, Y. St. 659; Matter of Roach, Gen. Term, 18 
Week. Dig. 514; People ex rel. Roddy v. N. Y. Juvenile Asylum, 12 Abb. Pr. 
92; People v. The Superintendent, etc., 8 Abb. Pr. (N. S.) 112; Com. ▼. 
Allen, 15 B. Monr. 1 ; Com. v. Harvey, 16 B. Monr. 1. 

§ 487. Children's courts. 

All cases involving the commitment or trial of children, actually 
or apparently under the age of sixteen years, for any violation 
of law, in any court shall be heard and determined by such court, 
at suitable times to be designated therefor by it, separate and 
apart from the trial of other criminal cases, of which session a 
separate docket and record shall be kept. All such cases shall, 
so far as practicable, be heard and determined in a separate court 
room to be known as the children's court and to be used exclusively 
for the examination and trial of children, actually or apparently 
under the age of sixteen years, charged with any offenee. And 
all such cases and cases of offenses by, or against the person of, 
a child under the age of sixteen years shall have preference over 
all other cases, before all magistrates and in all courts and tri- 
bunals in this state both civil and criminal; and where a child 
is committed or detained as a witness in any case such case shall 
be brought to trial or otherwise disposed of without delay, whether 
the defendant bo in custody or enlarged on bail. 

nmHv^MHon: Penal Code, § 291(7), added L. \%^1, fSc^. Vi!\, \ t, mxA 
mmended L. 1896, eh. 410, § 1; h. 1903, cb. 331, 4 1. ¥ot x«iiittAu<i«t <A^«ai\ 
CiHfe 291 (7), see § 486, ante. 

102 



Art. 44] CHILDKEX [§§ 488-490 

§ 488. Sending messenger boys to certain places. 
A corporation or person employing messenger boys who : 

1. Knowingly places or permits to remain in a disorderly house, 
or in an imlicensed saloon, inn, tavern or other unlicensed place 
where malt or spirituous liquors or wines are sold, any instru- 
ment or device by which communication may be had between such 
disorderly house, saloon, inn, tavern or unlicensed place, and any 
office or place of business of such corporation or prison ; or, 

2. Knowingly sends or permits any person to send any mes- 
senger boy to any disorderly house, unlicensed saloon, inn, tavern, 
or other unlicensed place, where malt or spirituous liquors or 
wines are sold, on any errand or business whatsoever except to 
deliver telegrams at the door of such house. 

Is guilty of a misdemeanor, and incurs a penalty of fifty dollars 
to be recovered by the district attorney. 

DerlTrntton: Penal Code, § 202a, added L. 1803, ch. 602, § 2. 

§ 489. Fiimishing minors in reformatories with tobacco 
regulated. 

A person or officer who sells or gives any cigar, cigarette, snuff 
or tobacco in any of its forms to any minor undergoing confine- 
ment or sentence in any reformatory, penitentiary or house of 
refuge in this state, except by the authority of the managers of 
such institutions, is guilty of a misdemeanor. (Amended by L. 
1917, ch. 263, in effect April 25, 1917.) 

DeriTmtions L. 1897, ch. 256, § 1. 

§ 490. Duty of officers. 

A constable or police officer must, and any agent or officer of 
any incorporated society for the prevention of cruelty to children 
may arrest and bring before a court or magistrate having juris- 
diction, any person offending against any of the provisions of this 
article and any minor coming within any of the descriptions of 
children mentioned in section four hundred and eischtv-five, four 
hundred and eighty-six, or in four hundred and eighty-seven. 
Such constable, police officer or agent may interfere to prevent 
the perpetration in his presence of any act forbidden by this 
article. 

A person who obstructs or interferes with any officer or agent 
of such society in the exercise of his authority under this article 
is guilty of a misdemeanor. 

DeriTmtiont Part Penal Code, § 293, as anwndvd L. 1SS8, ch. 415, § 7. 
For remainder of section, sec § 401, post. 
JtegenU of Univ. of Marvlajid v. WiJIiains, 9 Gill & Johns. 3^ft\ ^UUtx ol 

103 



§§ 491-494] CHILDREIT [Art. 44 

Corinne, Daily Heg., Dec. 16, 1881; People v. Strickland, 13 Abb. N. 
C. 473; Davis v. Society, etc., 16 Abb. Pr. (N. S.) 73; P«opl« ex 
rel. Newby v. N. Y. S. P. C. C, Daily Reg., Mar. 27, 1881; 
People ex rel. James v. X. Y. Society (1897), 19 Misc. 661, 44 N. Y. 
Supp. 1098, 12 N. Y. Cr. 86; People v. Angle (1902), 74 App. Div. 541, 77 
N. Y. Supp. 832; People ex rel. State Board, etc., v. N. Y. Society, etc. 
(1899), 161 N. Y. 233, revg 42 App. Div. 83, 58 N. Y. Supp. 953; P-ople ex 
rel. N. Y. S. P. C. C. v. Gilmore (1882), 88 N. Y. 626, rev'g 26 Hun, I. 

§ 491. Fines to be paid to society for prevention of cruelty to 
children. 

All fine?, penalties and forfeitures imposed or collected for a viola- 
tion of tlie provisions of this chapter, or of any act relating to, or 
affecting children, now in fo;ce or hereafter passed, must be paid on 
demand to the incorporated society for the prevention of cruelty to 
children in every case whore tlic prosecution shall be instituted or con- 
ducted by such a society ; and any sucl) payment heretofore made to any 
srch society may l>e letaincd l;v il. 

Derivation Pait of Fei al i<.uv. § 2.^, as amended L. 1888, ch. 415, § 1. 
Tor remainder of si\;i( ii. sec § ^Mk <.> f,\ 
Si e Feual Law, section 490. 

J^ 492. Con^ealiEg birth of a child. 

A person who endeavors to conceal the birth of a child, by any 

disposition of the dead body of tlie child, whether the child died before 

or after its birth, is guilty (»f a misdemeanor. 
Derivation : Penal Code, § 290. 

,^ 493. Taking apprentice without consent of guardian. 

A person who takes an apprentice without having first obtained the 

consent of his legal guardian or unless a written agreement has been 

e stored into as ])rcscribed bv law, i.- guiltv of a mi.-(lemeanor. 
Derivation: Penal Cotle, § 292b, added L.* 1893, cb. 002, § 2. 

.^ 494. Endangering morals of child; summons; probation; 
bond; jurisdiction. 

1. A parent, guardian or other person having custody of a child 
actually or apparently under sixteen years of age, who omits to exer- 
cise reasonable diligence in the control of such child to prevent such 
cliild from becoming guilty of juvenile delinijuency as defined by stat- 
ute, or from becoming adjudged by a children's court in need of the 
care and protection of the state as defined by statute, ov who permits 
such a child to associate with vicious, immoral or criminal persons, or 
to grow up in idleness, or to beg or solicit alms, or to wander about the 
streets of any city, town or village late at night without being in any 
lawful business or occupation, or to furnish entertainment for gain 
upon the streets or in any public place, or to be an habitual truant 
from school, or to habitually wander around any railroad yard or 
tracks, to enter anv house of prostitution or assignation, or any place 
M'here gambling is carried on, or any gambling device is operated, or 
any policy shop, or to enter any place where the morals of such child 
J7?ar he endanfrvrvd or depraved or may V. V\\s.e\y to be \m)^aired, and 
^77 V such person or anv other person who kno'w'm^'sf ot VAixiW"^ \% 
responsible for, encourages, aids, causes, or coiiii\Nea «^^., ox ^\v^>khq^' 

104 



Art 44] CHILDREN [§ 494 

ingly or wilfully does any act or acts to produce, promote or con- 
tribute to the conditions which cause such child to be adjudged guilty 
of juvenile delinquency, or to be in need of tlie care and protection of 
the state, or to do any of the acts hereinbefore enumerated, shall be 
guilty of a misdemeanor. 

2. Any magistrate presiding over a court having tiie jurisdiction 
hereinafter conferred upon it may upon an oral or written complaint, 
or upon his own instance, when he has reason to believe that any 
parent or guardian or other person should be prosecuted under the pro- 
visions of this act, issue a summons directed to such parent, guardian 
or other person substantially as follows : 

IS THE NAME OF THE PKOPIE OF THE STATE OF NEW 

YORK : 
To 

You are hereby summoned to appear l)el'ore 

court at to the end that an investigation may 

he made into the charge that you have contributed to or are re- 
sponsible for of , 

(state charge) (name of cliik^) 

and upon your failure to appear at the time and place herein men- 
tioned you are liable to a fine not exceeding twentv-five dollars. 

Dated at , this ...day of , 1910 



(Signed by magistrate.) 
Such summons may be served by a police officer or by any othoi 
piTson designated by the magistrate, and if tlie person summoned 
does not appear such failure to appear shall constitute contempt, nrd 
may \ye punishable by a fine not exceeding twenty-five dollars. The 
magistrate may issue subpcenas subject to tlie same pcnaltie? for di> 
obodience thereof, or refusal to testify thereunder, as provided for in 
the code of civil procedure. Upon the return of the summons th(J 
magistrate shall inquire into the subject-matter of the charge. When- 
ever during the investigation the magistrate is satisfied ^rom sworn 
testimony that there is sufficient cause for a warrant to issue, instead 
of issuing the warrant, if he deems it for the best interest of the 
person summoned and the state, upon the consent of the por-on sum- 
moned given in open court, the magistrate may adjourn the investiga- 
tion from time to time for a period aggregating not more than one 
year and place the person summoned under the oversiglit of a probation 
olfit^er during the adjournment, or may cause the person summoned 
to give a bond to the people of the state of New York, for not to ex- 
cised one year, with or without sureties, in such sum not to exceed two 
hundred and fifty dollars as he may direct. The probation officer 
cannot require the person so placed under his oversight to do more 
than to satisfy inquiries regarding the conduct or condition of the 
child, or regarding the conduct or condition of such person in so far 
as it relates to the conduct or condition of the child. The condition 
of such bond shall be that if the obligor shall exercise reasonable, dllv 
gence Auringthe time fixed in tlie bond, which cannot excce(\\.\\e \^^Vv A 
of adjournment, to prevent a continuance or repetition a\ V\\e eowvNv 
twn, condaet act acts, offense or offenses of such c\\\\c\ a^ n««i^ V\v 
— cause of the investigation and if charged with the c\x%lod^ ^ 



§ 494] CHILDREN [Art. 44 

the chil J also to exercise reasonable diligence in the discipline and con- 
trol (jf such child, and appear in court from time to time as ordered, 
tiien tiie bond shall be void, otherwise in full force and effect. On 
t.A* adjourned day the person summoned must appear in court and if 
the magistrate is satisfied that the person summoned has exercised 
reasonable diligonce to prevent such continuance or repetition of the 
condition, conduct, act, acts, offense or offenses of such child, and if 
charged with the custody of the child has also exercised reasonable 
diligence in the discipline and control of such child during the period 
of adjournment he must dismiss the proceeding and cancel the bond, 
if any. If ho is not so satisfied he must either issue the warrant, or 
upon the consent of tiie ])erion summoned given in open court he must 
continue tlie adjournment, probationary oversight and bond, if any, but 
all of such adjournrrents cannot exceed one year from the date of the 
first adjournment. Nothing herein contained shall interfere with the 
rigl.t o^ a magi-trate to issue the warrant in the first instance upon 
sv.orn iiifonr.ation, or at tlie close of the investigation, and the mag- 
itnite who preside? at the investigation, or his successor, may at any 
tiire durinij tlie adjournment, upon notice to the person summoned to 
appear and show cause, revoke and cancel the adjournment and issue 
the warrant. 

3. Whenever a person is convict'^d of the misdemeanor hereinbefore 
defined and sentence is suspended the court may place the defendant 
i!pon prol.ation for a period of not more than one year; provided that 
tlie court may cause the defendant to give a bond to the people of the 
state of New York, with or without sureties, in a sum not to exceed 
five hundred dollars. The condition of such .bond shall be that if the 
obligor shall exercise reasonable diligence during the time fixed in the 
bond, wliich cannot exceed one year, to prevent a continuance or repeti- 
tion of the condition, conduct, act, acts, offense or offenses of such child 
which was the cause of defendant's prosecution, and if charged with 
the custody of the child also to exercise reasonable diligence in the 
discipline and control of such child and appear in court from time to 
time as ordered, then such bond shall be null and void, otherwise in 
full force and effect. The magistrate who presided at the trial, or hi.^ 
successor, if he is satisfied that the defendant has violated the tern*- 
and conditions of probation and bond, if any, may at any time revoke 
and cancel the suspension of sentence and probation and impose 
sentence. 

4. The prosecution of all bonds given during an adjournment of an 
investigation or after conviction herein shall be upon the order of the 
magistrate who presided at the investigation or trial, or his successor, 
and all money collected on such bonds shall in the discretion of such 
magistrate be deposited in the office of the county treasurer to be ex- 
pended under the orders of the magistrate or his successor for the 
benefit of the child or children in whose interest such bond is given. 

5. Original and exclusive jurisdiction of all proceedings, investiga 
tions and trials instituted under this act is limited to courts of special 
sessions, police and city courts presided over by magistrates who hold 

or are assigned to chUdren's courts, except m \\\e qWn c>1 "^^^ Yotk^ 
w/jere fhe Jurisdiction ia hereby conferted Mpon ?itvA ^\v«\\\ife «tlkws«^ 
^r the city magistratcB. (Added by Ii. 1910, c\i. ^^^, m e^i»i\. 3^»aft 
^^, 1910.) ^ 



An. 46J CIVIL KIGHTS [§§ 510-512 



ARTICLE 46. 

CIVIL RIGHTS. 

Bbctioh 510. Forfeiture of office and suspension of civil rights. 

511. Consequence of sentence to imprisonment for life. 

512. Forfeiture of property on conviction abolished. 

513. Innkeepers and carriers refusing to receive guests and pas* 

sengers. 

514. Protecting civil and public rights. 

515. Discrimination against person or class in price for admission. 

516. Return of photographs of prisoners after unsuccessful prosecu- 

tion of criminal action. 

517. DiBcrlmination against United States uiiifonn. 

§ 510. Forfeiture of office and suspension of civil rights. 

A sentence of imprisonment in a state prison for any term lees 
than for life, forfeits all the public offices, and suspends, during 
the term of the sentence, all the civil rights, and all private trusts, 
authority, or powers of, or held by, the person sentenced. 

DwriTAtUm: Penal Code, § 707. 

Bowles V. Haberman (1884), 95 N. Y. 246; Avery v. Everett (1888), 110 
X. Y. 317, 6 Am. St. Rep. 380, 1 L. R. A. 204, aff'g 30 Hun, 6; People v. 
Meakim (1892), 133 X. Y. 214, atT'g 01 Hun, 327, 15 X. Y. Supp. 917, 8 X. Y. 
Cr. 308; La Chappellc v. Burpee (1893), 69 Hun, 430, 23 X. Y. Supp. 453; 
Matter of Guden (1902), 171 X. Y. 529, aff'g 71 App. Div. 422, rev'g 37 Miac. 
398, 75 X. Y. Supp. 786; see also Miller v. Finkle, 1 Park Cr. 374; Davis v. 
Duflfe, 8 BroBW. 617, 4 Abb. Pr. (X. S.) 478. 

§ 511. Consequence of sentence to imprisonment for life. 
A person sentenced to imprisonment for life is thereafter 
deemed civilly dead. 

DMriTAtionx Penal Code, S 708. 

Avery v. Everett (1888), 110 X. Y. 317, Am. St. Rep. 308, 1 L. R. A. 204, 
tflTg 36 Hun, 6; Trust Co. of America v. State Deposit Co. (1907), 187 X. Y. 
178, 184, aff'g 109 App. Div. 005, 90 X. Y. Supp. 585; and see In re Don- 
nelly't £ttate (Cal.), 58 Pac. 01. 

§ 512. Forfeiture of property on conviction abolished. 
A ocmviction of a person for any crime docs not work a for- 
feito/v of any property, real or personal, or of any tV^I ot \tl- 
t&Bst tbenin. All forfeitures to the people of t\ie alaXe, m ^ 

105 



S§ 513>514J CIVIL IU3IITS L^rt. -i^ 

nature of deodands, or in a case of suicide, or where a person fleca 
from jutice, are abolished. 

DeriTAtion: Penal Code, $710. 

People V. Hawker (1807), U App. Div. 188, 43 N. Y. Supp. 516, rev'd 152 
N. Y. 234, aflf'd 170 U. S. 189. 

§ 513. Innkeepers and carriers refusing to rec.ivs gu:st= and 
passengers. 

A person, who, cither on his own account or as agent or officer 
of a cor|x>ration, carrier on business as inrikreper, or as common 
carfier of passengers, and refuses, without just cause or excuse, 
to receive and entertain any guest, or to receive and carrj any 
passenger, is guilty of a misdemeanor. 

DeriTAtiont Penal Code, § 381. 

People V. Drum (1908), 127 App. Div. 242. 

ft 

§ 514. Protecting civil and public rights. 
A person who : 

1. Excludes a citizen of this state, oy reason of race, color, creed 
or previous condition of servitude, from any public employment or 
from the equal enjoyment of any accommodation, facility or priv- 
ilege furnished by innkeepers or common carriers, or by owners, 
managers or lessees of theatres or other places of amusement, or 
by teachers and officers of common schools and public institutions 
of learning, or by cemetery associations ; or, 

2. Denies or aids or incites another to deny to any other person 
because of race, creed or color, public employment or the full 
enjoyment of any of the accommodations, advantages, facilities 
and privileges of any hotel, inn, tavern, restaurant, public convey- 
ance on land or water, theatre or other place of public resort or 
amusement, 

Is guilty of a misdemeanor, punishable by fine of not less than 
fifty dollars nor more than five hundred dollars. (Amended by 
L. 1918, ch. 380, in effect Sept. 1, 1918.) 

Derivation: Penal Codo, § 383. as amended L. 1803. eh. 692, § 1. 

People V. King (1886), 110 N. Y. 420, 1 L. R. A. 293, 6 Am. St. Rep. 389, 
aff'g 42 Hun 186; Stay v. Du Bois (1S03), 74 Hun 134. 26 N. Y. Supp. 240: 
Cremore v. Hubcr ( 1897) , 18 App. Div. 231, 45 X. Y. Supp. 947 ; People ex rel. 
Cisco V. School Board (1899), 101 X. Y. 598, 48 L. R. A. 113, aff'g 44 App. 
Div. 469, 61 X. Y. Supp. 330; Burks v. Basso (1903), 81 App. Div. 630, 81 
N. Y. Supp. 384; People ex rel. Burnham v. Flvnn (1907), 189 X. Y. 180,^21 
X. Y. Cr. 451, 114 App. Div. 578, 100 X. Y. Supp. 31, rev'g 49 MUc. 328, 99 
X. Y. Supp. 198. 

106 



^u. ,vjj Cl\aL RIGHTS [§§ 515-MG 

§ 515. Discrimination against person or ciass in price for ad- 
mission. 

If a person who owns, occupies, manages or controls a building, 
park, inclosure or other piac*>, opens the same to the public gen-, 
erally at stated periods or otherwise, ho shall not disci'iininate 
against any person or class of persons in the price charged for 
admission thereto. A person violating the provisions of this sec- 
tion is guilty of a misdemeanor. 

Derivation: Penal Code, § 383a, added L. 1899, cli. 724, § 1. 

§ 516. Return of photographs of prisoners after unsuccessful 
prosecution of criminal action. 

Upon the determination of a criminal action or proceeding 
against a person, in favor of such person, every photograph of 
?uch person and photographic plate or proof taken or made of such 
]»i rsf:n while such action or proceeding is pending by direction or 
authority of any police officer, peace officer or any nienibor of any 
police department, and all duplicates and copies thereof shall be 
f^tunied on demand to such person by the police officer, peace 
rifficer or member of any police department having any such 
photograph, photographic plate or proof, copy or duplicate in his 
|H'5session or under his control; and such ])r)lice officer, .|)eace 
oflficer or member of any police department failing to comply with 
the requirements hereof, shall be guilty t^f a misdemeanor. 

DeriTAtioiix Penal Code, § 370a. added L. 1907, ch. 626, S 1. 

People ex rel. Gow v. Bingham (1907), 57 Misc. 66. 107 N. Y. Supp. 1011, 
21 N. Y. Cr. 560. 

§ 517. Discrimination against United States uniform. 

A person who excludes from the equal enjoyment of any ao- 
oommodation, facility or privilege furnished by innkeepers or 
common carriers, or by owners, managers or lessees of theatres 
or other places of amusement or resort, any person lawfully 
wearing the uniform of the army, navy, marine corps or revenue 
cutter service of the United States, because of that uniform, is 
guilty of a misdemeanor. (Added by L. 1911, ch. 410, in effect 
Sept 1, 1911.) 



107 



§§ 530-531] COERCION [Art ^8 



ARTICLE 48. 

COERCION. 

Sionoir 630. Coercing another person a misdemeanor. 

631. Coercion by employers. 

532. Compelling woman to marry. 

533. No conviction on certain testimony. 

§ 530. Coercing another person a misdemeanor. 

A person who with a view to compel another person to do or to 
abstain from doing an act which such other person has a legal 
right to do or to abstain from doing, wrongfully and unlawfully, 

1. Uses violence or inflicts injury upon such other person or his 
family, or a member thereof, or upon his property or threatens 
such violence or injury; or, 

2. Deprives any such person of any tool, implement or clothing 
or hinders him in the use thereof; or, 

3. Uses or attempts the intimidation of such person by threats 
or force, 

Is guilty of a misdemeanor. 

Derivationt Penal Code, $ 653, as amended L. 1S82, ch. 384, { 1. 
People V. Lenhardt (1886), 4 N. Y. Cr. 317; see also People v. Crotty, 9 N. 
Y. Supp. 938. 

§ 53}. Coercion by employers. 

Any person or employer of labor, and any person of any cor- 
poration on behalf of such corporation, who shall hereafter coerce 
or compel any person, employee, laborer or mechanic, to enter 
into an agreement, either written or verbal from such person, 
employee, laborer or mechanic, not to join or become a member 
of any labor organization, as a condition of such person securing 
employment, or continuing in the employment of any such persjon, 
employer or corporation, shall be deoiued guilty of a misdemeanor. 

The penalty for such misdemeanor shall be imprisoned in a 
penal institution for not more than six months, or by a fine of not 
more than two hundred dollars, or by both such fine and im- 
prisonment. 

DerlvaUont Penal Code, § 171a, added L. 1887, ch. 688, S 1. 
People V. Marcus (1906), J85 N. Y. 257, al!*g UO A.^^- ^'^''^ ^^» ^JW» tW, 
^ff2, 97 N. Y. Supp. 322. 

108 



Art. 48] COERCION [§§ 532-538 

§ 53S. Compelling woman to marry. 

A person who by force, menace or duress, compels a woman 
against her will to marry him, or to marry any other person, or 
to be defiled, is punishable by imprisonment for a term not ex- 
ceeding ten years, or by a fine of not more than one thousand 
dollars, or by both. 

D«riTAtiomi Penal Code, § 281, as amended L. 1892, eh. 6H2, S H- 

§ 533. No conviction on certain testimony. 

Xo conviction can be had for compulsory marriage upon the 
testimony of the female compelled, unsupported by other evidence. 

DeHvatiimi Part of Penal Code, S 283, as amended L. 1886, eh. 663, | I. 
For remainder of section, see Penal Law, S9 71, 201S. 



IM 



S§ 550-552] COMMUNICATION [Art 60 



ARTICLE 50. 

COKBTUNICATION. 

Section 550. Sending letter, when deemed complete. 

551. Sending threatening letters. 

552. Divulging contents of telegraphic or telephonic mtflSftgeft. 

553. Opening or publishing a letter, telegram or private paper. 

§ 550. Sending letter, when deemed complete. 

In the various cases, in which the sending of a letter is made 
criminal by this chapter, the offense is deemed complete from 
the time when such letter is deposited in any po«t-oflSce or other 
place, or delivered to any person, with intent that it shall be for* 
warded. And the party may be indicted and tried in any county 
wherein such letter is so deposited or delivered, or in which it ia 
received by the person to whom it is addressed. 

Derivation: Penal ( vdv, § ; 83. 

§ 551. Sending threatening letters. 

A person who, knowing the contents thereof, sends, delivers, or 
in any manner causes to be sent or received any letter or other 
w^riting threatening to do any unlawful injury to the person or 
property of another, or any perscm who shall knowingly send or 
deliver or shall make and for the purpose of being delivered or 
sent, shall part wnth the possession of any letter, postal card or 
writing with or without a name subscribed thereto or signed with 
a fictitious name or with any letter, mark or other designation, 
with intent thereby to cause annoyance to any person, or any per- 
son who shall send, deliver, mail, or in any manner cause to be 
sent, delivered or mailed any paper or document simulating or 
intended to simulate a summons, complaint, writ or court process 
of any kind, is ginlty of misdemeanor. (Amended by L. 1917, 
ch. 348, in effect Sept. 1, 1917.) 

Derivation: Penal Code, § 559, as amended L. 1891, ch. 120, § 1. 

Folev V. Xavior (1905), 104 App. Div. 1, 2, 93 N. Y. Supp. 289; People v. 
Wickes fl906), 112 App. Div. 39, 98 N. Y. Supp. 163; Biggfe v. People, 8 
Barb. 547: People v. Cadman, 57 Cal. 562; see also Hartnett v. Plumbers' 
Supplies Assn., 169 Mass. 229; People v. Loveless, 29 N. Y. L. J. 3«5, 84 N. Y. 
Supp. 1115. 

§ 552. Divulging contents of telegraphic or telephonic mes- 
sages. 

A person who : 

J, Wr(mgfuUy obtains, or attempts to obtaVii^ aii"^ Vv\o\q\^^f^ of 
a tclo^rnphic or a feJcphonic message by conmvMiCfe -wVCfcL «u A«^ 

110 



Art. 501 COMMUXICATION [§ 553 

operator, me&Aenger, or other employee of a telegraph or telephone 
company'; or, 

2. Being such clerk, operator, messenger or other employee, 
wilfully devulges to anyone but the persons for whom it was in- 
t«ided, the contents or the nature thereof of a telegraphic or 
telephonic message or dispatch intrusted to him for the trans- 
mission or delivery, or of which contents he may in any manner 
become possessed, or occupying such position in a telegraph office 
shall wilfully refuse or neglect duly to transmit or deliver mes- 
saged received at such office, except when such telegraphic or 
telephonic message or dispatch is in aid of or used to abet or 
carry on any unlawful business or traffic, or to perpetrate any 
criminal offense, and when it shall appear that any offense at law 
or unlawful business or traffic is being carried on or coiiduct< d 
in whole or in pait by means of a telegraphic or telephonic mesr 
sage or dispatch, it shall be the duty of any corporation or em- 
ployee having knowledge of the same, to withhold such dispatch 
from delivery, and to further furnish to any public officer whose 
duty it is to prosecute any offense at law so aided and abetted, 
all information in their possession, relating to said unlawful busi- 
ness or traffic; and to further assist in the identification of any 
person aiding or abetting in or conducting any such unlawful 
business or traffic; and any violation of this section, or refusal 
or neglect to furnish information as provided hereinbefore, is 
punishable by a fine of not more than one thousand dollars or by 
imprisonmetit for not more than two years, or by both such fine 
and imprisonment. 

DeHvatioBx Penal Code, S 641, as amended L. 1895, cb. 727, 8 1; L. 
1901, ch. 66L 9 1. 

§ 553. Opening or publishing a letter, telegram or private 
paper. 

A person who wilfully, and without authority: 

1. Opens or reads, or causes to be opened or read, a sealed letter, 
telegram, or private paper; or, 

2. Publishes the whole or any portion of such a letter, or 
telegram, or private paper, knowing it to have b. (ii opened or 
read without authority; or, 

3. T«kc6 a letter, telegram or private paper, belonging to an- 
other, or a copy thereof, and publishes the whole or any "poTtvcwx 
liiensof; or, 

111 



§ 553] COMMUNICATION [Art. 50 

4. Publishes the whole or any portion of such letter, telegram, 
or private paper, knowing it to have been taken or copied without 
authority; or, 

5. Publishes or causes to be published, or connives at the publi- 
cation of any letter, telegram, or private paper or of any portion 
of any letter, telegram, or private paper found on, or among the 
effects of, any person who has been dangerously wounded, or who 
has committed suicide, or who has died suddenly, or who has been 
found dead, unless such letter, telegram, or private paper shall 
have been produced pursuant to law before a coroner at an in- 
quest, and the publication of such letter, telegram, or private 
paper, or of such portion of such letter, telcgi'am, or private paper 
shall have been declared by that coroner in writing to be neces- 
sary to aid in the discovery of a crime, or of the identity of the 
wounded or deceased person ; or, 

6. Any person having or obtaining access, either with or with- 
out the consent of the lawful owner, to any original list, com- 
pilation or other collection of the names of customers or sub- 
scribers not less than five hundred in number, or to any other 
original list, compilation or other collection of names not less 
than five hundred in number, used in connection w4th any lawful 
business or occupation whatsoever, and who, without the consent 
of such lawful owner, shall take possession of any such» original 
list, compilation, or other collection, or any part thereof, or shall 
make or cause to be made, or take possession of, a copy or dupli- 
cation thereof, or of any part thereof, or who shall aid, abet or 
incite any other person to take or to copy or to cause to be copied 
or taken, any such list, compilation or collection, or any part 
thereof; or, 

7. Any person who may have heretofore obtained or may here- 
after obtain any such list, compilation or other collection specified 
in subdivision six hereof, or any part thereof, or any copy or 
duplication of such list, compilation or collection or any part 
thereof, or the information contained in any such list, compila- 
tion, collection or any part thereof, and who, without the consent 
of the lawful owner of the ori^^inal of any .such list, compilation 
or collection, and wnth notice or knowledge of his rights, may all 
any time hereafter, make use of or attempt to make use of any 
such list, compilation or collection, or any part thereof, or of any 
copy or duplication of the whole or any part theteof, or of the 

information contained in any such list, compilation, collection (w 



Art 50] 



COMMUNICATION 



I? 558 



copy or duplication or any part thereof, for his own benefit or 
advantage, or that of any person other than said lawful owner, 
Is guilty of a misdemeanor. 

DMlTatioBS Penal Code, § 642, as amended L. 1895, ch. 287, S 1; L. 
1900, ch. 588, SI;!/. 1905, ch. 441, { 1. 

MeCormack v. Perry (1888), 47 Hun, 72; Withop & Holmes Co v. Boyc» 
(1108). 61 Miae. ISO: tee also United SUtes y. Hilbury, 29 Fed. 706. 



§ 570] COMPOUNDING CRIME. [Art 539 



ARTICLE 52. 

COKPOUKDINO cBim:. 

Bection 570. Punishment for compounding crime. 

571. Conviction of primary offender not neoessar?^ 

§ 570. Punishment for compounding crime. 

A person who takes money or other property, gratuity or reward, 
or an engagement or promise therefor, upon an agreement or 
understanding, express or implied, to compound or conceal a crime, 
or a violation of statute, or to abstain from, discontinue, or delay, 
a prosecution therefor, or to withhold any evidence thereof, ex- 
cept in a case where a compromise is allowed by law, is guilty: 

1. Of a felony, punishable by imprisonment in a state prison 
for not more than five years, where the agreement or understand- 
ing relates to a felony punishable by death, or by imprisonment 
in a state prison for life; 

2. Of a felony, punishable by imprisonment in a state prison 
for not more than three years, where the agreement or under- 
standing relates to another felony; 

3. Of a misdemeanor, punishable by imprisonment in a county 
jail for not more than one year, or by fine of not more than two 
hundred and fifty dollars, or both, where the agreement or under^ 
standing relates to a misdemeanor, or to a violation of a statute 
for which a pecuniary penalty or forfeiture is prescribed. 

DeriTationt Penal Code, § 125. 

Kissock V. House (1880), 23 Hun, 35, 36; Buck v. First National Bank, 27 
Mich. 293; see also Daimouth v. Bennett, 15 Barb. 541; Conderman v. Trench- 
ard, 58 Barb. 165; Conderman v. Hicks, 3 Lans. 108; People t. Bishop, 5 
Wend. HI; Collins' Case, 4 C. H. Rec. 139; Gilmore's Case, 2 C. H. Rec. 29; 
Pluraer v. Smith, 5 N. H. 553; McMahon v. Smith, 47 Conn. 221, 3d Am. 
Rep. 67; Pearce v. Wilson, 111 Pa. St. ^4. 56 A?n. Rep. 243; Jones v. Riot^ 
18 Pick. 440; Kier v. Lehman, 6 C. B. 308; Gardner v. Maxey, 9 B. Mon. 90; 
Peed V. McKee, 42 Iowa, 649; Kimbrough v. Lane, 11 Bush. (Ky.) 556; Clarlc 
V. Ricker, 14 N. H. 44; Shaw v. Spooner, 9 N. H. 197; Shaw v. Reed, 30 Me- 
105; Bowen v. Buck, 28 Ct. 308; Hinesborough v. Summer, 9 Vt. 23; Com. 
V. Johnson, 3 Cush. 454; Fay v. Oatley, 6 Wis. 42; Halcomb v. Stimpson, 9 
Vt. 141; Price v. Summers, 2 Southard. 578; Robinson v. Crenshaw, 2 6t«w. 
k Port. 276; Maurer v. Mitchell, 9 Watts & Serg. 69; Both well v. Brown, 51 
111. 234; Plumer ▼. Smith, 5 N. II. 553; Com. ▼. Pease, 16 Mast. 91; Ball r^ 
Wood, 2 Bay (8. C.) 244; Hinetburff ▼. Summer, 9 Vt. 23; Reg. t. 



Art. 52 1 



COMPOUNDIXG CRIME 



[§ 571 



16 Q. B. Div. 141, 15 Cox C. C. 779, 36 Eng. Rep. 662; Reg. v. Burgess. 16 Q. 
B. DiT. 141, 15 Cox C. C. 779, 36 Eng. Rep. 662. 

§ 571. Conviction of primary offender not necessary. 

Tpon the trial of an indictment for compounding a crime, it is 
not necessary to prove that any person has b^en convicted of the 
crime or violation of statute, in relation to which an agreemenc 
or uuderstanding herein prohibited was made. 

DeHvatloBx Fenal Code, § 126. 
People T. Buckland, 13 Wend. 592. 






>1S 



§ 580] CONSPIRACY [Art M 



ARTICLE 54. 

GON8PIRA0T. 

Section 580. Definition and punishment of conspiracj. 

581. Conspiracies against peace of the state. 

582. Punishable conspiracies. 
683. Overt act, when necessary. 

§ 580. Definition and punishment of conspiracy. 

If two or more persons conspire: 

1. To commit a crime; or, 

2. Falsely and maliciously ..to .indict another for a crime, or to 
procure another to be complained of or arrested for a crime ; or, 

3. Falsely to institute or maintain an action or special proceed- 
ing; or, 

4. To cheat and defraud another out of property, by any means 
which are in themselves criminal, or which, if executed, would 
amount to a cheat, or to obtain money or any other property by 
false pretenses ; or, 

5. To prevent another from exercising a lawful trade or calling, 
or doing any other lawful act, by force, threats, intimidation, or 
by interfering or threatening to interfere with tools, implements, 
or property belonging to or used by another, or with the use or 
employment thereof; or, 

6. To commit any act injurious to the public health, to public 
morals, or to trade or commerce, or for the perversion or obstruc- 
tion of justice, or of the due administration of the laws, 

Each of them is guilty of a misdemeanor. 

Derivation: Penal Code, § 168. 

Elkin V. People (1863), 28 N. Y. 177, 24 How. Pr. 272; Ornisby v. People 
(1873), 53 N. Y. 472; Kelley v. People (1874), 66 N. Y. 665, 14 Am. Rep. 
342, air'g 2 Th. & C, 157; People ex rel. Lawrence v. Brady (1874), 56 N. Y. 
190r People v. Powell (1875), 63 N. Y. 88, afT'g 5 Hun, 169; Adams v. People 
(1876), 9 Hun, 89; People v. Lyon (1883), 1 N. Y. Cr. 400, 99 N. Y. 219; 
Buffalo Lubricating Oil Co. v. Everest (1883), 30 Hun, 686; People v. Mur- 
phy (1885), 3 N. Y. Cr. 339; People v. Bassford (1885), 3 N. Y. Cr. 219; 
People V. Wilzig (1886), 4 N. Y. Cr. 403; People v. Kostka (1886), 4 N. Y. 
Cr. 429; People v. Sharp (1887), 45 Hun, 460, 5 N. Y. Cr. 389, 469; People 
ex rel. Gill v. Smith (1887), 5 N. Y. Cr. 509; State v. Qlidden (1887), 56 
Conn. 46, 3 Am. St. Rep. 23, 6 N. Y. Cr. 321; People v. Pavllk (1888), 7 N. Y, 
Or. 30, 3 N. Y. Supp. 232; People r Squire (1888), 6 N. Y. Or. 262, 20 AbK 

116 



**-»«* """J \y-y^JL'% KJ± XAVrXV^ X L>j oo\j 

K. C. 369; People ex rel. Gill v. Walsh (1888), 6 N. Y. Cr. 292; Crump v. 
Com. (1888), 84 Va. 927, 10 Am. St. Rep. 895, 6 N. Y. Cr. 342, 38 Alb. L. J. 

4; Leonard v. Poole (1889), 114 N. Y. 377, aff'g 55 N. Y. Super. 213; People 

T. Everest (1889), 51 Hun, 19, 25, 3 N. Y. Supp. 612; People v. North River 

Sugar Refining Co. (sugar) (1889), 54 Hun, 354, affM 121 N. Y. 582, 3 N. Y. 

Supp. 401, 7 N. Y. 406; People v. Snnith (1890), 57 Hun, 334, 10 N. Y. 

Supp. 589; People v. Flack (1890), 125 X. Y. 324, 8 N. Y. Cr. 88, rev'g 57 

hun, 48, 10 N. Y. Supp. 275; Thomas v. Mut. Protective Union (1890), 121 

N. Y. 50. rev'g 49 Hun, 171, 2 N. Y. Supp. 195; People v. Kief (1891), 126 N. 

Y. 661. aff'g 58 Hun, 337, 11 N. Y. Supp. 920, 12 N. Y. Supp. 896; Deuber 

Watch Case Co. v. Howard, etc., Co. (18!)3), 3 Misc. 585, 24 N. Y. Supp. 

647; Reynolds v. Everett (1893), 67 Hun, 294, 22 N. Y. Supp, 306; People v. 

Sheldon (1893), 139 N. Y. 251, 36 Am. St. Rep. 690, 23 L. R. A. 221, aff'g 

66 Hun, 590, 21 X. Y. Supp. 859; Drake v. Soibold (1894), 81 Hun, 178, 30 N. 

Y. Supp. 697; People v. McKane (1894), '7 Misc. 478, 28 N. Y. Supp. 397; 

Davis v. Zimmerman (1895), 91 Hun, 489, 36 X. Y. Supp. 303; People v. 

Duke (1897), 19 Misc. 294, 44 X. Y. Supp. 336; People v. Peckens (1897), 

153 X. Y. 576. 12 X. Y. Cr. 433, aff*g 12 App. Div. 620, 43 X. Y. Supp. 1160; 

Matthews v. Shankland (1808), 25 Misc. 611, .36 X. Y. Supp. 123; People v. 

Van Tassel (1898), 156 X. Y. 561, aff'g 26 App. Div. 445, 50 X. Y. Supp. 53; 

People V. Willis (1899), 158 X. Y. 392, aff'g 34 App. Div. 203, 54 X. Y. S. 

W2; People V. Chandler (1900), 54 App. Div. Ill, 15 X. Y. Cr. 165, 66 N. Y. 

Supp. 391; People v. Radt (1900), 15 X. Y. Cr. 174, 71 X. Y. Supp. 846; 

People V. Peterson (1901), 60 App. Div. 118, 15 X. Y. Cr. 421, 60 X. Y. Supp. 

941; Xat. Protective Assoc, v. Cumming (1002), 170 X. Y. 315; People v. 

(Kislin ( 1902), 67 App. Div. 18, 73 X. Y. Supp. 520, 6 X. Y. Cr. 257; Park & 

Sons Co. V. Xational Wholesale Druggists Assn. (1903), 175 X. Y. 1, aff'g 

54 App. Piv. 223, 64 X. Y. Supp. 270, 60 X. Y. Supp. 615; People v. Hummel 

1906), 49 Misc. 136, 98 X. Y. Supp. 713, 20 X. Y. Cr. 240, 119 App. Div. 

153, 105 X. Y. Supp. 869; People v. McFarlin ( 1904), 43 Misc. 591, 89 X. Y. 

Supp. 527, 18 N. Y. Cr. 414; People v. Weichers (1904), 94 App. Div. 19, 87 

K. Y. Supp. 897, 18 X. Y. Cr. 351, aff'd 179 X. Y. 469; People v. Rathbun 

(1!H)4), 44 Misc. 93, 89 X. Y. Supp. 746, 18 X. Y. Cr. 461; Kellogg v. Sowerby 

(1907). 190 X. Y. 370, rev'g 114 App. Div. 916, 100 X. Y. Supp. 1123; People 

fx rel. Burnham v. Flynn (1907), 189 X. Y. 180, rev'g 114 App. Div. 578, 49 

Misc. 328, 99 X. Y. Supp. 193; People v. Klaw (1907), 55 Misc. 72, 100 X. Y. 

Supp. 341; Russell & Sons v. Stampers & G. L. L. V. Xo. 22 (1907), 57 Misc. 

9«. 107 X. Y. Supp. 803; People v. Miles (1908), 123 App. Div. 862, 108 X. Y. 

Snpp. 510; see also People v. Barrett, 1 Johns. 66; People v. Chase. 10 Barb. 

495; People v. Eckford, 7 Cow. 535; Emmanuers Case, 6 City Hall Rec. 33; 

People V. Fisher, 14 Wend. 1, 28 Am. Dpc. 500 note; Hitclicock's Case, 6 City 

Hall Rec. 43; Lambert v. People, 9 Cow. 578; Leggett v. Postley, 2 Paige, 599; 

Lewis* Case, 5 City Hall Rec. 129; Master Stevedores' Assn. v. Walsh, 2 Daly, 

1, 13; People v. Mather, 4 Wend. 229; Johnson v. Meinhardt, 61 How. Pr. 168; 

People T. Melvin Yates, 2 Wheel Cr. Cas. 269, 6 City Hall Rec. 35; People v. 

Olcott, 2 Johns. Cas. 301; Old Dominion Co. v. McKenna, 18 Abb. X. C. 262; 

Robbina' Caae, 4 City Hall Rec. 1; Storm's Case, 1 City Hall Rec. 169; People 

▼. Trequeer, 1 Wheel. Cr. Cas. 142; State v. Setter, 54 Conn. 461, 41 Alb. L. 

J. 129, 14 Am. 8t. Rep. 121; Spies v. People, 122 111. 1, 3 Am. Et. ILe^. ^V^\ 

117 



§§ 581-583] CONSPIRACY [Art, 54 

Carew v. Rutherford, 106 Mass. 1; Walter v. Cronin, 107 Mass. 555; P^ple 
T. Richards, 1 Mich. 216, 61 Am. Dec. 75, 79, note; State r. Bamum, 15 N. H. 
396; State v. Donaldson, 32 N. J. L. 151; State v. Stewart, 59 Vt. 273, 59 
Am. Rep. 710; People v. Miller, 22 Pac. 934; Com. v. Hunt, 4 Mete. Ill ; Noye* 
V. State, 1 Crim. L. Mag. 215; Duprey's Mussel Slough Case, 5 Fed. 680; 
Reg. V. Rollins, 17 Ad. & El. (N. S.) 671 ; Slaughter-House Cases, 16 Wall. 36, 
116; Bowen v. Hall, 2 Q. B. Div. 333, 337; Gregory v. Duke, etc., 6 M. & G. 
206: Gunther v. Astor, 4 J. B. Moore, 12; Mogul Co. v. MacGregor, 15 Q. B. 
Div. 486; Rafael v. Verein, 2 W. Bl. 1055; Lumby v. Gage, 2 El. k Bl. 216; 
Reg. V. Bauld, 15 Eng. Rep. 316; Tarston v. McGalliter, Peake, 105. 



§ 581. Conspiracies against peace of the state. 

If two or more personsr, being out of this state, conspire to 
commit any act against the peace of this state, the commission or 
attempted commission of which, within this state, would be treason 
against the state, they are punishable by imprisonment in a state 
prison not exceeding ten years. 

Deriyationt Penal Code, § 169. 

People V. McFarlin (1904), 43 Misc. 593, 89 N. Y. Supp. 627, 18 N. Y. Cr. 
414. 



§ 582. Punishable conspiracies. 

No conspiracy is punishable criminally unless it is one of those 
enumerated in the last two sections, and the orderly and peaceable 
assembling or co-operation of persons employed in any calling, 
trade or handicraft for the purpose of obtaining an advance in the 
rate of wages or compensation, or of maintaining such rate, is not 
a conspiracy. Associations, corporate or otherwise, of farmers, 
gardeners or dairymen, including livestock farmers and fruit grow- 
ers, engaged in making collective sales or marketing for its mem- 
bers or shareholders of farm, orchard or dairy products produced 
by its members or shareholders are not conspiracies. Contracts, 
agreements, arrangements or combinations heretofore or hereafter 
made by such associations or the members, officers or directors 
thereof in making such collective sales and marketing and pre- 
scribing the terms and conditions thereof are not conspiracies and 
they shall not be construed to be injurious to trade or commerce. 
(Amended by L. 1918, ch. 491, in effect May 6, 1918.) 

Deriyationt Penal Code, § 170, as amended L. 1882, ch. 384, § 1. 

People ex rel. Gill v. WaUh (1888). 6 X. Y. Cr. 292, afTg 5 N. Y. Cr. 
507; People v. Barondess (1801), 61 Hun 577, 8 X. Y. Cr. 234, rev'd 133 N. Y. 

118 



Art 54] COXSPIHAC Y [S§ 580, rSi 

M9, 8 y. Y. Cr. 376, 16 N. Y. Supp. 436; Davis Machine Co. v. Robinson 
11903), 41 Misc. 333, 84 N. Y. Supp. 837; People v. McFarliu (19U4), 43 
Misc. 594, 89 N. Y. Supp. 627, 18 N. Y. Cr. 414; Jacobs v. Colien (1905), 183 
K. Y. 212, rev'g 99 App. Div. 481, 90 X. Y. Supp. 854; see also Master Steve- 
dorefc' Assn. v. W^lsh, 2 Daly 1; Rogers v. Evarts, 17 N. Y. Supp. 264; Ztig- 
kr T. Xolan, 2 City Ct. Rep. 54. 

§ 583. Overt act, when necessary. 

Xo agreement except to commit a felony upon the person of 
mother^ or to commit arson or burglary, amounts to a conspiracy, 
unless some act beside such agreement be done to eflFect the object 
thereof, by one or more of the parties to such agreement. 

DeriTAtion: Penal Code, § 171. 

People V. Flack (1890), 126 X. Y. 324, 43 Alb. L. J. 64; People v. Brickner 
(1891). 8 X. Y. Cr. 217, 15 X. Y. Supp. 528; Remolds v. Everett (1893), 67 
Hun 304, 22 X. Y. Supp. 306; People v. Sheldon (1893), 139 X. Y. 251, aff'g 
66 Hun 590, 21 X. Y. Supp. 859; People v. Willis (1H99), 158 X. Y. 395, 14 
X. Y. Cr. 72, aflTg 34 App. Div. 203, 54 X. Y. Supp. 642; People v. Petersen 
«1!H)1K 60 App. Div. 120, 69 X. Y. Supp. 941; People v. Wicchers (1904), 94 
App. Div. 19, 87 X. Y. Supp. 897, 18 Crim. Rep. 354, aff'd 179 X. Y. 459; 
People V. Rathbun (1904), 44 Misc. 91, 89 X. Y. Supp. 746, 18 Crim. Rep. 
461; Green v. Davi^ (1906), 100 App. Div. 359, 91 X. Y. Supp. 470; People 
T. ^ummerfield (1005), 48 Mific. 246, 96 X. Y. Supp. 502, 19 Crim. Rep. 507; 
People ex rel. Burnham v. Flynn (1906), 114 App. Div. 580, 100 X. Y. Supp. 
31: People v. Klaw (1907), 65 Misc. 72, 106 X. Y. Supp. 341, 21 Crim. Rep. 
355; People t. Miles (1908), 123 App. Div. 873, 108 X. Y. Supp. 610; see also 
People y. Chase, 16 Barb. 495; People v. Murray, 95 X. Y. Supp. 107; People 
T. Squire, 20 Abb. N. C. 375. 

§ 584. Witnesses' privileges. 

Xo person shall be excused from attending and testifying, or pro- 
ducing any books, papers or other documents before any court, 
magistrate, or referee, upon any investigation, proceeding or trial, 
for a violation of any of the provisions of this article, upon the 
ground or for the reason that the testimony or evidence, document- 
trr or otherwise, required of him may tend to convict him of a 
crime or to subject him to a penalty or for forfeiture ; but no per- 
son shall be prosecuted or subjected to any penalty or forfeiture 
for or on account of any transaction, matter or thing concerning 
which ho may so testify or produce evidence, documentary or 
otherwise, and no testimony so given or prcxluced shall be received 
igainst him upon any criminal investigation, proceeding or triaL 
(Added by L. 1910, ch. 395, in effect June 6, 1910.) 



119 



8 600] CONTEMPT OF COURT [Art. 5« 



ARTIOUB 56. 

GONTEMPT OF COUBT. 

flionoN 600. Criminal contempt. 

601. Punishment for criminal contempt. 

602. Indictment for contempt. 

§ 600. Criminal contempt. 

A person who commits a contempt of court, of any one of the* 
following kinds, is guilty of a misdemeanor: 

1. Disorderly, contemptuous, or insolent behavior, committed 
during the sitting of the court, in its immediate view and presence 
and directly tending to interrupt its proceelings or to impair th& 
respect due to its authority ; 

2. Behavior of the like character, committed in the presence of 
a referee or referees, while actually engaged in a trial or hearing, 
pursuant to the order of the court, or in the presence of a jury, 
while actually sitting for the trial of a cause, or upon an inqueefc 
or other proceeding authorized by law; 

3. Breach of the peace, noise, or other disturbance, directly 
tending to interrupt the proceedings of a court, jury, or referee; 

4. Wilful disobedience to the lawful process or other mandate 
of a court; 

5. Besistance wilfuUy offered to its lawful process or other 
mandate ; 

6. Contumacious and unlawful refusal to be sworn as a witness, 
or, after being sworn, to answer any legal and proper interroga- 
tory; 

7. Publication of a false or grossly inaccurate report of its pro- 
ceedings. But no person can be punished as provided in this sec- 
tion, for publishing a true, full, and fair report of a ^rial, argu- 
ment, decision, or other proceeding had in court. 

DeriTatlon: Penal Code, § 143. 

Matter of Hackley (1861), 24 N. Y. 74. 12 Abb. 150. 21 How. 54; People 
V. Albany, etc., R. Co. (1862), 20 How. Pr. 358, aff'd 24 N. Y. 261, 37 Barb. 
216; People v. Fancher (1874), 2 Hun, 226; Loop v. Gould (1879), 17 Hun, 
685; People ex rel. Sherwin v. Mead (18«2), 28 Hun, 227, 92 N. Y. 416; People 
V. Hovey (1883), 29 Hun, 382, 92 N. Y. 554; Sherwin v. People (1885), 100 
N, Y. 332, 3 N. Y. Cr. 624; People ex rel. MunseU v. Oyer and Terminer 

130 



Art 5ft] CONTEMPT OF COURT [§ 601 

(1886), 101 N. Y. 245, 4 N. Y. Cr. 70, 3 How. Pr. (N. S.) 413, rev'g 36 Hun, 
277; King t. Flynn (1885), 37 Hun, 329; People ex rel. Jones v. Davidson 
(1885), 35 Hun, 471; People v. Sharp (1887), 46 Hun, 493, 107 N. Y. 427; 
Matter of Choate (1890), 66 Hun, 351, 1 N. Y. Cr. 1, 41 Alb. L. J. 287; Peo- 
ple Y. Meakim (1892), 133 N. Y. 225, 8 N. Y. Cr. 414. 308, 15 N. Y. Supp. 
917, 21 N. Y. Supp. 1103; People ex rel. Taylor v. Forbes (1894), 143 N. Y. 
219. rev'g 77 Hun, 612, 28 N. Y. Supp. 1123; People ex rel. Barnes v. Ct. of 
Sesa. (1896), 147 N. Y. 290, rev'g 82 Hun, 242, 31 N. Y. Supp. 373; Pcopla 
ex rel. Lewisohn v. O'Brien (1902), SI) Misc. 458, 80 N. Y. Supp. 198, rev'd 
81 App. Div. 51, 80 N. Y. Supp. 816, aff'd 176 N. Y. 253; People ex rel. Lewi- 
sohn Y. General Sessions (1904), 179 N. Y. 594, aff*g 96 App. Div. 201, 89 N. 
Y. Supp. 364; Chappell v. Chappell (1906), 116 App. Div. 574, 101 N. Y. 
Supp. 846; People v. Blake (1907), 121 App. Div. 619, 106 N. Y, Supp. 319; 
see also Weeks v. Smith, 3 Abb. Pr. 211; Conover v. Wood, 5 Abb. Pr. 84; 
People v. Afarston, 18 Abb. Pr. 257; Bergh's Case, 16 Abb. Pr. (N. S.) 266; 
People V. Court of O. and T.. 27 How. 14; Bowen v. Hunter, 45 How. 193; 
Clapp V. Lathrop, 23 How. Pr. 423; People ex rel. Valieste v. Dyckman, 24 
How. Pr. 222; Clark v. Brooks, 26 How. Pr. 254; People v. Hefferman, 38 
How. Pr. 402; Klungman's Case, 49 How. Pr. 484; Matter of Griffin, 1 N. Y. 
Supp. 7; Matter of Watson, 3 Lans. 408; Baker v. State, 82 Ga. 776, 14 Am. 
St Rep. 192; Baker v. State, 4 L. R. A. 128, 11 Crim. L. Mag. 635; Bernard 
T.Leo, 7 Daily Reg. 1069, 1213; Bradley v. State, 111 Ga. 168, 36 S. E. 630, 
50 L. R. A. 691, 78 Am. St. Rep. 157; Carter v. Com., 96 Va. 791, 32 S. E. 
780,46 L. R. A. 301; Cheadle v. State, 110 Ind. 301, 59 Am. Rep. 199; Matter 
of Cheeseman, 49 N. J. 137, 60 Am. Rep. 596; Cuddy's Case, 131 U. S. 33; 
SUte v. Frew, 24 W. Va. 416, 49 Am. Rep. 257; Matter of Gannon, 11 Pac. 
240; Hale v. State, 55 Ohio St. 210, 45 N. E. 199, 36 L. R. A. 254, 60 Am. St. 
Rep. 691; Hill v. Crandall, 52 111. 70; Orman v. State, 24 Tex. App. 495; 
Matter of Percy, 2 Daly, 530; Matter of Savin, 131 U. S. 267; Sharon v. Hill, 
24 Fed. 726; Smith v. Speed, 11 Okla. 95, 55 L. R. A. 402; Matter of Terry, 
128 U. S. 289; Warner v. State, 12 Lea, 52; Watson v. People, 11 Colo. 4; 
Matter of Johnson, 20 Q. B. Div. 68, 38 Eng. Rep. 600; Plating Co. v. Farqu- 
luirson, 17 Ch. Div. 49, 37 Eng. Rep. 163. 

J 601. Punishment for criminal contempt. 
A criminal act is not the less punishable as a crime, because 
it is also declared to be punishable as a contempt of court. 

DeriTationt Penal Code, & G80. 

People ex rel. Sherwin v. Mead (1883), 92 N. Y 415, aff'g 28 Hun, 227; 
People ex rel. McDonald v. Keeler (1885), 99 X. Y. 475, rev'g 32 Hun, 563; 
People ex rel. Lewisohn v. Wyatt (1902), 39 Misc. 456, 80 N. Y. Supp. 198, 
rev'd 81 App. Div. 61, 80 N. Y. Supp. 816, aff'd 176 N. Y. 263; see also 
Eagmn t. Lyneh^ 3 Civ. Pro. 236v 



121 



§ 602] CONTEMPT OF COURT [Art. 56 

§ 602. Indictment for contempt. 

Punishment far a contempt, as prescribed in article nineteen 
of the judiciary law, does not bar an indictment for the same 
offense ; but where a person who has been so punished is convicted 
on such an indictment, the court, in sontencing him, must take 
into consideration the previous punisnment. 

Deriyations Code of Civil Proc.. § i3. 



122 



Art ^8 1 CONVICTION [§§ 610-611 



ARTICLE 58 



GomncTiOM. 



610. Prisoner indicted may be convicted of lesser crime, or attempt. 

611. No conviction on unsupported testimony in certain cases. 



§ 610. Prisoner indicted may be convicted of lesser crime, or 
attempt. 

Upon the trial of an indictment, the prisoner may be convicted 
of the crime charged therein, or of a lesser degree of the same 
crime, or of an attempt to commit the crime so charged, or of an 
attempt to commit a lesser degree of the same crime. 

» 

DeriTatioiiS Penal Code, § 35. 

People V. Thompson (1869), 41 N. Y. 1; Keefe v. People (1869), 40 N. Y. 
348, 7 Abb. (N. S.) 76; Ruloff v. People (1871), 11 Abb. (N. S.) 245, 45 N. 
Y. 213, afT'g 5 Lans. 261; Murphy v. People (1874), 3 Hun, 114; Cox v. Peo- 
ple (1880), 80 N. Y. 500, aff'g 19 Hun, 430; Sindram v. People (1882), 88 
X. Y. 196, aflPd 1 N. Y. Cr. 448; People v. McTameney (1883), 30 Hun, 505, 
1 N. Y. Or. 437, 66 How, Pr. 70, 13 Abb. N. C. 55; People v. McDonnell 
nS83), 1 N. Y. Cr. 366, 92 N. Y. 657; People v. Petmecky (1884), 2 N. Y. 
(r. 452; People v. Sullivan (1885), 4 N. Y. Cr. 193: People v. McCallam 
il8s:5), 3 X. Y. Cr. 189; People v. Palmer (1S87), 5 N. Y. Cr. 101, 43 Hun, 
4fM>: People v. Dar'more (1888), 4« Hun, 321, 2 N. Y. Supp, 310; People v. 
WilUon (1888), 109 N. Y. 347; People v. Giblin (1889), 115 N. Y. 196; 
People V. OTonnell (1F91), 60 Hun, 113, 14 X. Y. Supp. 485; People ex rel. 
Yoiin;? v. Stout (1F94K 81 Hun, 336, 30 X. Y. Supp. 898; People v. Brockett 
1IS95"), 85 Hun, 13S, 32 X. Y. Supp. 511; Poople v. Mills (1904), 91 App. 
Div. 333, 8G X. Y. Supp. 529, 18 X. Y. Cr. 127; People v. Jaffe (1906), 185 
X. Y. 497, 19 N. Y. Cr. 281, rev'g 112 App. Div. 516, 98 X. Y. Supp. 486; 
Matter of Bartholomew (1907), 106 App. Div. 371, 374. 94 X. Y. Supp. 512, 
19 X. Y. Cr. 570; People v. Stacey (1907), 119 App. Div. 743, 104 X. Y. Supp. 
615; see also People v. Didieu, 17 H.)w. Pr. 224; People v. Lawton, 56 Barb. 
126; People v. Lehman, 2 Barb. 216; Xevins v. People, 61 Barb. 307; People 
f. Long, 2 Edm. Sel. Caa. 129. 



123 



§ 611J COXVICTIOX LArt. 58 

§ 611. No conviction on unsuppoated testimony in certain 
cases. 

[Repealed by L, 1909, ch. 524. In effect May 27, 1909. Sea 
§§ 71, 533, 2013. 2177..' 



124 



An. 60] CONVICT MADE GOODS [j5 620 



ARTICLE 60. 

CONVICT HADE GOODS. 

Section 620. Unlawful dealing in convict made goods. 

§ 620. Unlawful dealing in convict made goods. 
A })ers<)li who: 

1. Sells or exposes for sale convict made froods, wares or mer- 
chaiidise, without a license therefor, or having such license doee 
not transmit to the secretary of state the statement required by 
article thirteen of the labor law; or, 

2. Sells, offers for sale, or has in his posse5%?ion for sale any 
such convict made goods, wares or merchandise without the brand, 
mark or label rec|uire<l by article thirteen of the labor law; or 

3. Removes or defaces or in any way alters such brand, mark 
or label. 

Is fiTiiilty of a misdemeanor, and upon conviction thfrefor shall 
be punished by a fine of not more than one thousand nor less than 
one hundred dollars, or by imprisonment for not less than ten 
davs or bv'both such fine and imprisonment. 

Derivation: Penal Code, § 384b. added L. IPO?^ cli. 692, S 2, and 
amended L. 1894, ch. 698, $ 5; L. 1806, ch. 931, $ 5; L. 1897, ch. 416, S 1, 

People V. Hawkins (1898), 157 N. Y. 1, 42 L. R. A. 490, 68 Am. St, Rep. 

' 736, aff'g 20 App. Div. 494, 47 N. Y. Supp. 56; People ex rel. Treat v. Coler 

U901 ), 166 X. Y. 144, aff'g 56 Ajrp. Div. 459, 68 N. Y. Supp. 76'^; People y. 

Lnchner (1903), 177 N. Y. 145, rev'd 197 U. S., afT'g 73 App. Div, 12<V 

76 N. Y. Supp. 396. 



laB 



8§ 630-643] CONVICTS [Axi. «? 



ARTICLE 62. 

CONVICTS. 

Section 640. Convict protected by law. 

641. Importing foreign convict. 

642. Master of vessel bringing foreign conTiet. 

643. Creditor of convict. 

644. Convict voting. 

§ 640. Convict protected by law. 

A convict sentenced to imprisonment is under the protection 
of the law, and any injury to his person, not authorized by law, 
is punishable in the same manner as if he were not sentenced or 
convicted. 

Derivation t Penal Code, § 709. 

Alamango v. Supervisors (1881), 25 Hun, 551. 

§ 641. Importing foreign convict. 

An owner, master or commander of any vessel arriving irfym a * 
foreign country, who knowingly lands or permits to land at any 
port, city, harbor, or place within this state, any passenger, set-" 
man or other pei's^m who is a foreign convict of any crinio which, 
if committed within this state, would be punishable therein, with- 
out giving notice thereof to the mayor of such city, or oiher prin- 
cipal municipal officer of such port or place, is guilty of a 
misdemeanor. 

DeHvatlottr Penal Code, § 153. 

§ 642. Master of vessel bringing foreign convict. 

A person, hnivj; the master or commander of any vessel, or boat, 
arriving from a foreign country, who knowingly brings into this 
state a person who has been, or is a foreign convict of any offense, 
which if committed in this state would be punishable therein, is 
guilty of a misdemeanor. 

Derivation: Penal Code, § 440. 

§ 643. Creditor of convict. 

A person injured by the commission of a felony, for which thej 
offender is sentenced to imprisonment m a sXale ^tv&qvu^V^ ^<^\&»1\ 

126 



Aru 0-4 J DUJNVlCiS [§ 644 

the creditor of the offender^ and of his estate after his death, within 
the provisions of the statutes relating thereto. 

The damages sustained bj the person injured by the felonious 
act, may be ascertained in an action brought for that purpose by 
him against the trustees of the estate of the offender, appointed 
under the provisions of the statutes, or the executor or adminis- 
trator of the offender's estate. 

DeHyaUont Poial Code, §9 716-717. 

Maira v. Railroad Co. (1903), 176 N. Y. 413, aflTg 78 App. Div. 266, 76 N. 
T. Supp. 83S. 

§644. Convict voting. 

The prohibition to vote at an election, contained in any statute 
of the state, shall not apply to a person heretofore or hereafter 
convicted of any crime, who has been sentenced or committed 
therefor to one of the houses of refuge, or other reformatories 
organized under the statutes of the state. 

neriTattont Penal Code, | 711. 

People y. Harringtoii (1884), 16 Mb. K. a 188, 1 How. Plr. (N. B.) 87, 8 
8. r. Cr. 188, 141. 



127 



{§ 660-6«l] CORPORATIONS [Art. M 



ARTICLE 64. 

OOBPOBATIONS. 

fiaonoN 600. Frauds in the organization of corporations. 

661. Frauds in procuring organization of corporations. 

662. Fraudulent issue of stocks and bonds. 

663. Acting for foreign corporations not authorized to do 1msin«« im, 

this state. 

664. Misconduct of officers and directors of stock corporations. 
666. Misconduct of directors, officers, agents and employees of 

porations. 

666. Unlawful use of certain titles in connection with corporate 

667. Presumption of knowledge of corporate condition and busineaa 

and of assent thereto by directors; definitions. 

668. Misconduct at corporate elections. 

669. Misconduct of officers and agents of pipe-line corporations. 

"110. Misconduct by officers and directors of life or casualty insuranos 
corporations upon the co-operative or assessment plan or c]M 
fraternal beneficiary societies, orders or associations. 

§ 660. Frauds in the organuation of corporat ons. 

A i)erson who: 

1. Without authority subscribes the name of anotner to or* 
inserts the name of another in any prospectus, circular or otbot 
advertisement or announcement of any corporation or joint-stook:- 
association existing or intended to be formed, with intent toS 
permit the same to be published, and thereby to lead persons t(o 
believe that the person whose name is so subscribed is an officefi^ 
agent, member or promoter of such corporation or association ; tTi^ 

2. Signs the name of a fictitious person to any subscription for/^ 
or agreement to take stock in any corporation, existing or pro-,^ 
posed; or, 

3. Signs to any such subscription or agreement the name of- 
any person, knowing that such person does not intend in goodt 
faith to comply wnth the terms thereof, or under any understand- is 
ing or agreement, that the terms of such subscription or agree^^ 
ment are not to be complied with or enforced, 

Is guilty of a misdemeanor. 

DeriTation: Penal Cotl-e, § 590, as amended L. 1892, ch. 692, § 1. 

§ 661. Frauds in procuring organization of corporations. 

An pfficer, agent or clerk of a corporation, or of persons propos- : 
ing to organize a corporation, or to increase the capital stock o£| 
a corporation^ who knowingly exliUnla a ia\«»^, iot^d or altered 

121& 



Art. Wj CX)RP0RATI02fS [§ 662 

book, paper, vouoher, security or other instrument of evidence to 
any public officer or board authorized by law to examine the 
organization of such corporation, or to investigate its affairs, or 
to allow an increase of its capital, with intent to deceive such 
(^oer or board in respect thereto, is punishable by imprisonment 
in a state prison not exceeding ten years. 

Deriyationt Penal Code, § 592, as amended L. 1892, ch. 662, 9 20. 

People V. Helmer (1898), 154 N. Y. 596, 13 N. Y. Cr. 1; People y. Hegeman 
(1907), 57 Misc. 295, 109 K Y. Supp. 539. 

§ 662. Fraudulent issue of stocks and bbnds. 

An officer, agent or other person in the service of any joint^stock 
company or corporation formed or existing under the laws of 
this state, or of the United States or of any state or territory 
thereof, or of any foreign government or country, who wilfully 
ind knowingly, with intent to defraud : 

1. Sells, pledges or issues, or causes to be sold, pledged or 
issued, or signs or executes, or caused to be signed or executed 
with intent to sell, pledge or issue, or causes to be sold, pledged 
or issued, any certificate or instrument purporting to be a cer- 
tificate or evidence of the ownership of any share or shares of 
•uch company or corporation, or any bond or evidence of debt, or 
writing purporting to be a bond or evidence of debt of such com- 
pany or corporation, without being first thereto duly authorized 
by such company or corporation, or contrary to the charter or 
laws under which such corporation or company exists, or in excess 
of the power of such company or corporation or of the limit 
imposed by law or otherwise upon its power to create or issue 
stock or evidences of debt ; or, 

2. Reissues, sells, pledges or disposes of, or causes to be reis- 
sued, sold, pledged or disposed of, any surrendered or canceled 
eertificates, or other evidence of the transfer or ownership of any 
SQch share or shares, 

Is punishable by imprisonment for a term not exceeding seven 
years, or by a fine not exceeding three thousand dollars, or by 
both. 

]>«HT»tlttmt P«nal Ck>de, | 591, as amended L. 1892, oh. 602, | 19* 
Ptopte ▼. Hieniian (1907), 57 Misc. 295, 109 N. Y. Supp. 5S9. 



§§ 663-664] CORPORATIONS [Art. i 

§ 663. Acting for foreign corporations not authorised to i 
business in this state. 

Any person, or corporation, who: 

1. Acts as agent or representative of any mortgage, loan 
investment corporation or building and mutual loan corporati* 
or association or co-operative savings and loan association orga 
ized outside of this state, while such mortgage, loan or investme 
corporation or building and mutual loan corporation or associ 
tion or co-operative savings and loan association shall not 
authorized under a license of the superintendent of banks to 
business in this state; or, 

2. Acts as agent or representative in this state of a foreij 
corporation, other than a moneyed corporation, with the wor 
" trust," " bank," " banking," " insurance," " assurance," " i 
demnity," " guarantee," " guaranty," " savings," " investment 
" loan," " benefit," or any other words or terms indicating, repi 
senting or holding out such company to be a moneyed corporati 
as a part of its name or corporate title, or who, in connecti* 
with such corporation or otherwise, shall put forth any sign oc 
taining said name, or who shall advertise or publish the sa 
company as doing business in this state, directly or indirect] 
through agents or otherwise, while such company shall not 
authorized under a certificate procured from the secretary 
state pursuant to section fifteen of the general corporation law 
do business in this state. 

Is guilty of a misdemeanor. 

Deriyations Penal Code, § 593, as amended L. 1892, ch. 692, 9 1; 
1904, ch. 489, 9 1; L. 1908, ch. 118. 

§ 664. Misconduct of officers and directors of stock corpor 
tions. 

A director of a stock corporation, who concurs in any vote < 
act of the directora of such corporation, or any of them, by whi( 
it is intended : 

1. To make a dividend, except from the surplus profits arisii 
from the business of the corporation, and in the cases and mann 
allowed by law ; or, 

2. To divide, withdraw, or in any manner pay to the stoc 
holders, or any of them, any part of the capital stock of the o 
poration; or to reduce such capital stock without the consent 
the legislature; or, 

ISO 



JUThm V^J \J\JJ.\X V/XkXXX J.VyXl O LJJ 



\J\JV 



3. To disoDunt or receive any note or other evidence of debt in 
payment of an instalment of capital stock actually called in, and 
required to be paid, or with intent to provide the means of mak- 
ing such payment ; or, 

4. To receive or discount any note or other evidence of debt 
with intent to enable any stockholder to withdraw any part of 
the money paid in by him on his stock ; or, 

5. To apply any portion of the funds of such corporation, 
except surplus profits, directly or indirectly, to the purchase of 
shares of its own stock. 

Is guilty of a misdemeanor. 

An oflSoer or director of a stock corporation who: 

6. Issues, participates in issuing, or concurs in a vote to issue 
any increase of its capital stock beyond the amount of the capital 
stock thereof, duly authorized by or in pursuance of law; or, 

7. Sells, or agrees to sell, or is directly or indirectly inter- 
ested in the sale of any share of stock of such corporation, or in 
any agreement to sell the same, unless at the time of such sale 
or agreement he is an actual owner of such share. 

Is guilty of a misdemeanor, punishable by imprisonment for 
iK)t less than six months, or by a fine not exceeding five thousand 
dollars, or by both. 



: 



]>«rlTAtiom: Penal Code, f 504 and § 610, as amended L. 1892, ch. 602, 
II. 

Berryman t. Bankers' Life Insurance Co. (1007), 117 App. Div. 737, 102 
H. T. Snpp. 695. 



I § 885. Misconduct of directors, officers, agents and employees 
f of corporations. 

I A director, officer, agent or employee of any corporation or 

4 joint-stock association who: 

' 1. Knowingly receives or possesses himself of any of its prop- 

I erty otherwise than in payment for a just demand, and with 
intent to defraud, omits to make or to cause or direct to be made 
a full and true entry thereof in its books and accounts ; or, 

2. Makes or concurs in making any false entry, or concurs in 
omitting to make any material entry in its books or accounts; or, 

3. Knowingly (a), concurs in making or publishing any written 
report, exhibit or statement of its affairs or pecuniary condition 
ecmtaining any material statement which is false, or (b), omits 
cr concurs in cmiitting any statement required by law to be oon- 
teined therein; or, 

131 



§ 666] CORPORATIONS [Art 64 

4. Having the custody or control of its books, wilfully refusei 
or neglects to make any proper entry in the stock book of sudi 
corporation as required by law, or to exhibit or allow the same 
to be inspected, and extracts to be taken therefrom by any person 
entitled by law to inspect the same, or take extracts therefrom ; or, 

5. If a notice of an application for an injunction affecting the 
property or business of such joint-stock association or corporation 
is served upon him, omits to disclose the fact of such service and 
the time and place of such application to the other directors, offi- 
cers and managers thereof; or, 

6. Refuses or neglects to make any report or statement law- 
fully required by a public officer. 

Is guilty of a misdemeanor. 

DeriTAtiont Penal Code, S 61 1> as amended L. 1802, ch. 602, ( 1; tobda 
2 and 3, as amended L. 1906, ch. 286, 99 1, 2; subd. 4, as amended L. 1893, el 
892, 9 1. 

Davenport v. Prentice (1008), 126 App. Div. 408. 

§ 666. Unlawful use of certain titles in connection with co^ 
porate name. 

Any person, association or corporation, other than a mcmey^ 
corporation, who shall within this state directly or indirectly, < 
through agents or representatives transact business under, or i 
anywise use a corporate name or a corporate title with the word 
" trust," " bank," " banking," " insurance," " aasuranoe," " in 
demnity," " guarantee," " guaranty," " savings," " investment,' 
" loan," " benefit," as a part of such name or title, is guilty oi 
a misdemeanor ; provided, however, that any domestic corporation^ 
other than a moneyed corporation, heretofore duly organized and 
heretofore duly authorized by law to use and on April twenty- 
ninth, nineteen hundred and four, lawfully using either or any 
of such words as a part of its lawful corporate title, may lawfully 
continue to use such corporate title, provided and if it, being a 
corporation other than a moneyed corporation, shall wherever die 
name shall be printed, written, engraved or displayed, add, in 
legible English characters, of substantially the same size and style 
as the name, directly under the said name or immediately in con- 
nection therewith, wherever so used, the words ^' not a moneyed 
corporation." 

D^rlTAtiont Penal Code, f 608, added L. 1004, eh. 480, | t. 

182 



nxu u*j v>v^xvx v/xv-o. X AV/-L1 o l_gy 



\J\J I -w«-» 



§ 667. Presiimption of knowledge of corporate condition and 
business and of assent thereto by directors ; definitions. 

It is no defense to a prosecution for a violation of the provisions 
of this article and article twenty-six, that the corporation is a 
foreign corporation, if it carries on business or keeps an office 
therefor in this state. 

The term " director " as used in this article and article twenty- 
six includes any of the persons having, by law, the direction or 
management of the affairs of a corporation, by whatever name 
described. 

A director of a corporation or joint-stock association is deemed 
to have such a knowledge of the affairs of the corporation or 
association as to enable him to determine whether any act, pro- 
ceeding or omission of its directors is a violation of this article 
and article twenty-six. If present at a meeting of the directors 
at which any act, proceeding or omission of such directors in 
violation of this article and article twenty-six occurs, he must 
be deemed to have concurred therein, unless he at the time causes 
or in writing requires his dissent therefrom to be entered on the 
minutes of the directors. If absent from such meeting, he must 
be deemed to have concurred in any such violation, if the facts 
constituting such violation appear on the record or minutes of the 
proceedings of the board of directors, and he remains a director 
of the corporation for six months thereafter without causing or 
in writing requiring his dissent from such violation to be entered 
on such record of minutes. 

DofiTfttiomi Penal Code, f 614, as amended L. 1802, ch. 602, ( 1. 

§ 668. Misconduct at corporate elections. 

Any person who: 

1. Being entitled to vote at any meeting of the stockholders 
or bcmdholders or both of a stock corporation, sells his vote, or 
who issues a proxy to vote to any person for any sum of money or 
Uiing of value, except as expressly authorized by law ; or, 

2. Acts as an inspector of election at any such meeting and 
violates an oath taken by him in pursuance of law as such in- 
ipector, or violates the provisions of an oath required by law to 
be taken by him as such inspector, or is guilty of any dishonest 
or corrupt conduct as such inspector, 

Is guilty of a misdemeanor. 

]>mriTatiomt Penal Code, § 613, a« amended L. 1802, eh. 602, ( 1» subd. 
% M amended L. 1000, ch. 588, 9 Sk 

133 



I 6«9] OOBPORATIONS JArt 64 

§ 660. Misconduct of officers and agents of pipe-line corpora- 

tions. 

Any officer, agent or manager of a pipe-line corporation who: 

1. Neglects or refuses to transport any product delivered for 
transportation, or to accept and allow a delivery thereof in the 
order of application, according to the general rules of the cor- 
poration,- as provided by law; or, 

2. Charges, accepts or agrees to accept for such receipt, trans- 
portation and delivery, a sum different from the amount fixed 
by such regulations ; or, 

3. Allows or pays, or agrees to allow or pay, or suffers to be 
allowed or paid or repaid, any draw-back, rebate or allowance, so 
that any person shall, by any device, have or procure any trans- 
portation of products over such pipe-line at a less rate or charge 
than is fixed in such regulations, 

Is guilty of a misdemeanor, punishable by a fine not exceeding 
one thousand dollars, or by imprisonment not exceeding six 
months, or by both. 

DeriTAticns Penal Code, S 612, as amended L. 1892, oh. 602, | 1. 

§ 670. Misconduct by officers and directors of life or casualty 
insurance corporations upon the co-operative or assessment plan 
or of fraternal beneficiary societies, orders or associations. 

Aiiv officer or director of a life or casualty insurance corporation 
upon the co-operative or assessment plan or of a fraternal beneficiary 
society, order or association, who shall sell his position as such officer or 
director for any money or valuahle consideration, or who shall accept or 
roo(iive. directly or indirectly, any money or valuable consideration for 
his resip:nation as such officer or director, shall be guilty of a felony 
if the money or valuable consideration accepted or received for the 
sale or resignation of Fuch position as officer or director shall be more 
than five hundred dollars, and, if a less amount, shall be guilty of a 
misdemeanor. (Added by L. 1910, ch. 620, in effect June 24, 1910.) 



184 



Art 66] CRIME AGAINST NATUEE [§§ 690-69i 



ARTICLE 66. 

CBXME AGAINST NATUBB. 

BionoN 690. Crime against nature; sodomy. 
691. Penetration sujficient. 

§ 600. Crime against nature ; sodomy. 

A person who carnally knows in any manner any animal or 
bird; or carnally knows any male or female peiHon by the anus 
or by or with the mouth; or voluntarily submits to such carnal 
knowledge; or attempts sexual intercourse with a dead body is 
guilty of sodomy and is punishable with imprisonment for not 
more than twenty years. 

DerlTAtlom: Penal Code, f 303, as amended L. 1886, ch. 81, I 6; L. 1892, 
eh. 325, 9 4. 

People ▼. Deschessere (1898), 69 App. Div. 217, 16 N. Y. Cr. 340, 74 N. T. 
Supp. 761; People v. Newman (1905), 100 App. Div. 437, 91 N. Y. Supp. 811; 
•M also People v. Deschessere, Russ. & Ryan, 331, 29 Upp. Can. Q. B. 459; 
Beg. V. Brown, 24 Q. B. Div. 387. 

§ 601. Penetration sufficient. 

Any sexual penetration, however slight, is sufficient to complete 
the crime specified in the last section. 

D«riTatioai Penal Code, § 304. 



23S 



1^ 710-711] DISGUISES [Art, es 



ARTICLE 68. 

DI80TJI8E8. 

Sicnoif 710. Disguised and masked persons; masquerades. 

711. Allowing masquerades to be held in places of public reflori. 

712. Leaving state with intent to elude provisions of this articlt. 

713. Witnesses' privilege. 

§ 710. Disguised and masked persons; masquerades. 

An assemblage in public houses or other places of three or 
more persons disguised by having their faces painted, discolored, 
colored or concealed, is unlawful, and every individual so dis- 
guised, present thereat, is guilty of a misdemeanor; but nothing 
contained in this section shall be construed as prohibiting any 
peaceful assemblage for a masquerade or fancy dress ball or enter- 
tainment, or any assemblage therefor of persons masked, or as 
prohibiting the wearing of masks, fancy dresses, or other disguise 
by persons on their way to or returning from such ball or other 
entertainment; if, when such masquerade, fancy dress ball or 
entertainment is held in any of the cities of this state, permission 
is first obtained from the police authorities in such cities respec- 
tively for the holding or giving thereof, under such regulations 
as may be prescribed by such police authorities. 

DeriTAtioni Penal Code, § 462. 

§ 711. Allowing masquerades to be held in places of public 
resort. 

A person being a proprietor, manager or keeper of a theatre, 
circus, public garden, public hall, or other place of public meeting, 
resort or amusement, for admission to which any price or payment 
is demanded, who permits therein any assemblage of persons 
masked, prohibited in this article, is guilty of a misdemeanor, 
punishable by imprisonment in a state prison not exceeding two 
years, or in a county jail not exceeding one year, or by a fine not 
exceeding five thousand dollars and not less than one thousand 
dollars, or by both such fine and imprisonment. 

J>0HrmtioMt Peaa] Code, f 45S. 



136 



Art. 681 DISGUISES [§§ 712-718 

§ 712. Leaving state with intent to elude provisions of this 

article. 

A person who leaves the state, with .intent to elude any pro- 
vision of this article, or to commit any act without the state, which 
id prohibited by this article, or who, being a resident of this state, 
does any act without the state, which would be punishable by the 
provisions of this article, if committed within the state, is guilty 
of the same offense and subject to the same punishment, as if the 
act had been committed within this state. 

DwlTAttoat Penal Code, | 461. 

§ 713. Witnesses' privilege. 

TSo person shall be excused from giving evidence upon an in- 
vestigation or prosecution for any of the offenses specified in this 
trticle, upon the ground that the evidence might tend to convict 
liim of a crime. Sut such evidence shall not be received against 
him upon any criminal proceeding. 

DeriTAtiomi Penal Code« f 46f. 



M9t 



§S 720-721] DISORDERLY CONDUCT fArt. 70 



ARTICLE 70. 

DISORDERLY CONDUCT. 

SBOTZOif 720. Disorderly conduct on public conveyances. 
721. Eavesdropping. 

§ 720. Disorderly conduct on public conveyances. 

Any person who shall by any offensive or disorderxy act or 
language, annoy or interfere with any person in any place or with 
the passengers of any public stage, railroad car, ferry boat, or 
other public conveyance, or who shall disturb or offend the occu- 
pants of such stage, car, boat or conveyance, by any disorderly 
act, language or display, although such act, conduct or display 
may not amount to an assault or battery, shall be deemed guilty 
of a misdemeanor. 

DeriTAtiont Part of Penal Ck>de, § 676, as amended L. 1882, eh. S84, | 1; 
L. 1801, ch. 327, 9 1* For remainder of section, see 9 ^3, ante. 

People v.Hislop (1879), 77 N.Y. 331; People ex rel. Clark v. Keeper (1903). 
176 K. Y. 465, aff'g 80 App. Div. 448, 80 N. Y. Supp. 872; People ex 
rel. Smith v. Van de Carr (1903), 86 App. Div. 9, 83 N. Y. Supp. 246, 17 N. 
Y. Cr. 456; People v. St. Clair (1904), 90 App. Div. 239, 86 N. Y. Supp. 77; 
People V. Weiler (1904), 179 N. Y. 46, 31 N. Y. L. J. 1137, reVg 89 App. Div. 
611, 86 N. Y. Supp. 1140. 

§ 721. Eavesdropping. 

A person, who secretly loiters about a building, with intent to . 
overhear discourse therein, and to repeat or publish the same to 
vex or annoy or injure others, is guilty of a misdemeanor. 

DerlTAtiont Penal Code, f 436. 



188 



ARTICLE 72. 

DUELING. 

SicnoN 730. Challenge defined. 

731. Dueling defined; punishment. 

732. Challenger or abettor. 

733. Attempts to induce a challenge. 

734. Posting for not fighting. 

735. Duel outside of state. 

736. Where such person may be indicted and irUd. 

737. Witnesses. 

g 730. Challenge defined. 

Any word, spoken or written, or any sign, uttered or made to 
my person, expressing or implying, or intended to express or 
imply, a desire, request, invitation, or demand, to fight a duel, or 
to meet for the purpose of fighting a duel, is deemed a challenge. 

]>eriTatioii2 Penal Code, | 236. 

Barker v. People, 3 Cow. 686, 20 Johns. 457. 

§ 731. Dueling defined; punishment 

A person who fights a duel, or engages in any combat witli 
another, with deadly weapons, by previous agreement, or upon 
t previous quasrel, although no death or wound ensues, is punish- 
able by imprisonment for a term not exceeding ten years. A per- 
son convicted under this section is thereafter incapable of holding, 
or of being elected or appointed to any ofiice or place of trust or 
emolument, civil or military, within the state. 

DerlTAtiomt Penal Code, I 234, as amended L. 1802, ch. 662, S 10. 

§ 732. Challenger or abettor. 

A person who challenges another to fight a duel, or who sends 
a written or verbal message, purporting or intended to be a chal- 
lenge to fight a duel, or an invitation to a combat with deadly 
weapons, or who accepts such a challenge or message, or who know- 
ingly carries or delivers such a challenge or niessage, or who is 
present at the time appointed for such a duel or combat, or when 
«nch a duel or combat is fought, either as second, aid, or surgeon, 
or who advisee or abets, or gives any countenance or aasistance 

189 



. J 



§§ 733-736] DUELING LArt. 7J 

to such a duel or combat upon previous agreement, is punishable 
by imprisonment for not more than seven years. 

DeriTAtiont Penal Code, | 236. 

§ 733. Attempts to induce a challenge. 

A person guilty of sending or using to another any word or 
sign whatever, with intent to provoke or induce such person to 
give or receive a challenge to fight a duel, is guilty of a misde- 
meanor. 

DeriTAtiont Penal Code, § 237. 

§ 734. Posting for not fighting. 

A person who posts or advertises another for not fighting a duel, 
or for not sending or accepting a challenge to fight a duel, or who, 
■in writing" or in print, uses reproachful or contemptuous language 
to or concerning any one, for not sending or accepting a challenge 
to fight a duel, or for not fighting a duel, is guilty of a mia- 
demeanor. 

DeriTAtiont Penal Code, | 238. 

§ 735. Duel outside of state. 

A person who leaves this state with intent to elude any provision 
of this article, or to commit any act without this state, which is 
prohibited by this article, or who, being a resident of this state, 
does any act without this state, which would be punishable by the 
provisions of this article, if committed within this state, is guilty 
of the same offense, and eubject to the same punishmezit, as if 
the act had been committed, or was to have been consiunmated 
within this state. 

DeriTAtioni Penal Code, S 230. 

§ 736. Where such person may be indicted and tried. 

A person offending against any provision of the last section 
may be indicted and tried in any county within this state; but 
the person so offending may plead a former conviction or acquittal 
in another state or country for the same offense, and if such plea 
is admitted or established, it shall be a bar to further proceedingi 
against him, for such offense. 

DeriTAtioiit Penal Code, f 240. 

140 



Alt. Y35J I^UJlililJNU L8 '^' 

§ 737. Witnesses. 

A pereon offending against any provision of this article is a 
competent witness against any other person offending in the same 
transaction, and must not be excused from testifying or answering 
any question, upon an investigation or trial for an offense under 
this article, upon the ground that his testimony might tend to 
convict him of a crime. But evidence given by a person so testify- 
ing, can not be received against him, in any criminal action or 
proceeding. 

DOTiTAtiomt P«iial Code, | 241. 



141 



sy 760-782] ELECTIVE FRANCHISE [Art 74 



ARTICLE 74. 



MonoK 760. Definitions. 

761. Misdemeanors at, or in connection with, political caucuses, pri- 
mary elections, enrollment in political parties, committeefl, 
and conventions. 

752. False registration. 

753. Misconduct of registry officers. 

754. Mutilation, iestruction or loss of registry list. 

755. Solicitation of money for newspaper support. 

756. Misdemeanors concerning police commissioners or oiBoers or 

members of any police force. 

757. Failure of house-dweller to answer inquiries. 

758. Removal, mutilation or destruction of election booths, supplies, 

poll-lists or cards of instruction. 

759. Refusal to permit employees to attend election. 

760. Misconduct in relation to certificates of nomination and offi- 

cial ballots. 
760a. Misconduct in relation to designation petitions. 

761. Failure to deliver official ballots. 

762. Misconduct of election officers and watchers. 

763. Violation of election law by public officer. 

764. Misdemeanors in i elation to elections. 

765. Illegal voting. 

766. False returns. 

767. Furnishing money or entertainment to indiiet attspdanoe at 

polls. 

768. Giving consideration for franchise. 

769. Receiving consideration for franchise. 

770. Testimony on prosecution. 

771. Bribery or intimidation of elector in military asrrioe of United 

States. 
77^. Duress and intimidation of voters. 

773. Conspiracy to promote or prevent election. 

774. Political assessments. 

775. Corrupt use of position or authority. 

776. Failure to file candidate's statement of expenses. 

777. Procuring fraudulent certificates in order to vote. 

778. Presenting fraudulent certificates to registry boards to prot w a 

registration. 

779. Soliciting from candidates. 

780. Judicial candidates not to contribute. 

781. Limitation of amounts to be expended by eandidatat. 

782. Penalty. 

142 



Art. 64] ELECTIVE FRANCHISE [§§ 750-751 

§ 750. Definitions. 

The words " election " or " town meeting," as used in any of 
the sections of this article, excepting section seven hundred and 
fifty-one, shall be deemed to apply to and include all general and 
special elec»tions, municipal elections, town meetings, and primary 
ejections and conventions, and proceedings for the nomination of 
candidates by petition under the election law. The word " candi- 
date," as used in said sections, shall be deemed to apply to candi- 
dates for nomination at a primary election or convention, and 
candidates for any office to be voted for under the election law, 
as well as candidates for nomination by petition under the election 
law. (Amended by L. 1910, ch. 480, in effect June 8, 1910.) 

Derivation: Penal Code» § 41zzz, added L. 1907, ch. 544, f 1. 

People V. Foster (1908)» 60 Misc. 7. 

§ 751. Misdemeanors at, or in connection with, politioel cau- 
cases, primary elections, enrollment in political par^ico, rommit- 
tees, and conventions. 

Any person who : 

1. At a political caucus, or at a primary election of a party, wilfully 
votes, or attempts to vote, without, being entitled to do so, or votes, or 
attempts to vote on any other nan:e tl.an hii uwn, or on the same day 
more than once on his own name ; or, 

2. Votes, or offers to vote, at a political caucus, or primary election 
of a party, having voted at the political caucus or primary election of 
any other political party on the same day, or being at the time enrolled 
in a party other than tlie party at whose primary he votes or offers to 
vote; or, who causes his name to he placed upon the rolls of a party 
organization of one party wl ile his nan :e is hv his coni^ont or procure- 
ment upon the rolls of a party organization of another party; or, 

3. At a political caucus, or at a primary election, for the purpose 
of affecting the result thereof, votes or attempts to vote two or more 
ballots, or adds, or attempts to add, any ballot to those lawfully cast, 
by fraudulently introducing the same intg the ballot box before or af- 
ter the ballots therein have been counted, or who adds to or mixes with, 
or attempts to add to or mix with, the ballots lawfully cast, another bal- 
lot or other ballots before the votes have been counted or canvassed, or 
while the votes are being counted or canvassed ; or at any time abstracts 
anv ballots lawfully cast, with intent to change the result of such 
election or to change the count thereat in favor of or against any 
person voted for at such election, or to prevent the ballots being re- 
counted or used as evidence; or carries away, destroys, loses, con- 
ceals, detains, secretes, mutilates, or attempts to carry away, de- 
stroy, conceal, detain, secrete, or mutilate, any tally lists, ballots, ballot 
boxes, enrollment books, certificates of return, or any official docu- 

143 

10 



§ 751] ELECTIVE FRANCHISE [Art. 74 

merits provided for by the election law or otherwise by law, for 
the purpose of affecting or invalidating the result of such election, 
or of destroying evidence; or in any manner interferes with the 
officers holding any primary election or conducting the canvass 
of the votes cast thereat, or with voters lawfully exercising, or 
seeking to exercise, their right of voting at such primary election; 
or/ 

4. For the purpose of securing enrollment as a member of a 
political party, or for the purpose of being allowed to vote at a 
primary election as a member of a political party, makes and de- 
posits or files, or makes or deposits- or files with a board of primary 
inspectors, or with any public officer or board, a false declaration 
of party affiliation or wilfully makes a false declaration of resi- 
dence, either by an enrollment blank or otherwise, or falsely an- 
swers any pertinent question asked him by the board of primary 
inspectors, or the board of election inspectors, or by a member 
thereof ; or knowingly, on any day of registration or in the interval 
between any such day and the next ensuing day of general elec- 
tion, rev.eal8 or discloses the names or number of the enrolled 
electors of any party, or makes, publishes, or circulates a list of 
such names, or of any thereof, or does or permits any act by which 
the name of the party with which an elector has enrolled, or the 
number of electors enrolled with a party, may be disclosed ; or, 

5. Fraudulently or wrongfully does any act tending to affect 
the result of any election at a political caucus or of any primary 
election or convention ; or, 

6. Induces or attempts to induce any officer, teller, canvasser, 
poll clerk, primary election inspector, election inspector, custodian 
of primary records, or clerk or employee of or in the office of a 
custodian of primary records at a political caucus, or primary 
election, or convention, or while discharging any duty or perform- 
ing any act required or made necessary by the election law, to do 
any act in violation of his duty, or in violation of the election 
law; or, 

7. Directly or indirectly, by himself or through any other per- 
son, pays, or offers to pay, money or other valuable thing, or prom- 
ises a place or position, or offers any other consideration or makes 
any other promise, to any person, to induce any voter to vote, or 
refrain from voting, at a political caucus, primary election, or 
convention, for or against any particular person; or does or offers 
xo do, anything to hinder or delay any elector from taking part in 
or voting at, a political caucus, t at a primary election; op, 

144 



Art 74] ELECTIVE FRANCHISE [§ 751 

8. By menace or other unlawful or corrupt meane, directly or 
indirectly, influences or attempts to influence, the vote of any per- 
son entitled to vote at a political caucus, primary election, or con- 
vention, or obstructs such person in voting, or prevents him from 
voting thereat ; or, 

9. Directly or indirectly, by himself or through any other per- 
son, receives money or other valuable thing, or a promise of a 
place or position, before, at, or after any political caucus, primary 
election, or convention, for voting or refraining from voting for 
or against any person, or for voting or refraining from voting at 
a political caucus, primary election, or convention ; or, 

10. Being an officer, teller, canvasser, primary inspector, at a 
political caucus, or at a primary election, knowingly permits any 
fraudulent vote to be cast, or knowingly receives and deposits in 
the ballot box any ballots offered by any person not qualified to 
vote; or permits the removal of ballots from the polling place be- 
fore the close of the polls, or refuses to receive ballots intended 
for the electors of the district, or refuses to deliver to any elector 
ballots intended for the electors of the district which have been 
delivered to the board of inspectors, or permits electioneering 
within the polling place or within one hundred feet therefrom, or 
fails to keep order within the polling place, or permits any person 
other than the inspectors to accompany an elector into a voting 
booth, or enters the voting booth with any elector, except one en- 
titled to receive assistance in the preparation of his ballot, or per- 
mits any person other than a voter, who has not voted, or watcher 
to come within the guard rail or removes or permits another to 
remove any mark placed upon a ballot for its identification; or, 

11. Being an officer, custodian of primary records, clerk or em- 
ployee of or in the office of a custodian of primary records, elec- 
tion inspector, primary inspector, or poll clerk, knowingly puts 
opposite the name of an elector in an enrollment book any enroll- 
ment number other than the number opposite such name on the 
registration books of such district, or knowingly delivers to or re- 
ceives from any elector on any day of registration an enrollment 
Wank or envelope on which is any other enrollment number than 
that so opposite his name on such books of registration, or know- 
ingly transcribes from an enrollment blank to the enrollment 
books any refusal to enroll or enrollment not indicated on the en- 
rollment blank of the elector of such district whose enrollment 
number appears on the same, or refuses or wilfully negleota to 

145 



% 751] ELECTIVE FRANCHISE [Art. 74 

transcribe from any enrollment blank to the proper enrollment 
books any refusal to enroll or enrollment indicated on the enroll- 
ment blank of such an elector, enrolls or attempts to enroll as a 
member of a political party, upon any of the enrollment books, 
any person not qualified to enroll as such, or fraudulently enters 
thereupon the name of any person who has not enrolled as a 
member of any political party, or refuses or willfully neglects to 
enroll upon any of the enrollment books the name of any qualified 
person who has demanded to be enrolled as a member of a politi- 
cal party, or at any time strikes from any of the enrollment books 
the name of any person duly enrolled, or at any time adds to any 
of the enrollment books the name of any person not qualified to be 
enrolled as a member of a -political party, or the name of any per- 
son who in fact has not enrolled as such; or makes marks upon, 
mutilates, carries away, conceals, alters, or destroys any enroll- 
ment blank or enrollment envelope used or deposited by an elector 
on a day of registration for the purpose of enrolling or refusing 
to enroll himself as a member of a political party ; or mutilates, 
carries away, conceals, alters, or destroys, any statement or declara- 
tion made by a qualified voter for the purpose of enrolling as a 
member of a party ; or, prior to the close of the last meeting for 
registration in any year, mutilates, carries away, conceals, alters, 
or destroys any enrollment blanks or enrollment envelopes not 
then delivered to electors; or, 

12. Being an officer, teller, canvasser, election inspector, 
primary inspector, custodian of primary records, clerk or employee 
of or in the office of a custodian of primary records, or any officer 
of a political committee or a convention, wilfully omits, refuses 
or neglects to do any act required by the election law or otherwise 
by law, or violates any of the provisions of the election law, or 
makes or attempts to make any false canvass of the ballots cast 
at a political caucus, primary election, or convention, or a false 
statement of the result of a canvass of the ballots cast thereat; or, 

13. Being a custodian of primary records, or an officer of a 
political committee, or of a convention, who is charged with, or as- 
sumes, the duty of making up the preliminary roll of any conven- 
tion, wilfully includes in such roll the name of any person not 
certified to be elected thereto in accordance with the provisions of 
law, or who wilfully omits from such roll the name of any person 
who is so certified to be a delegate to such convention, 

Is guilty of a misdemeanor. 

I>MHlTatioBt P«nal Code, I 41 (original), repealed L. 18»0, eh. §4, | 2; 

14« 



Art. 74] ELECTIVE FRANCHISE [§§ 752-753 

Mw § 41, added L. 1890, ch. 94, § 1, and amended L. 1892, eh. 693, § 1; L. 
1896, eh. 721, | 1 ; L. 1897, ch. 256, § 1 ; L. 1898, eh. 197, § 1 ; L. 1899, eh. 630, 
I 1; subda. 2, 6, aa amended L. 1905, ch. 625, 99 Ij 2; subd. 10, as amended L. 
1901, eh. 371, | 1. 

People T. aeary (1896), 13 Misc. 552, 36 N. Y. Supp. 588; People r. Eng- 
land (1895), 91 Hun, 152, 11 N. Y. Cr. 156, 36 N. Y. Supp. 534; People r. 
Jtckeon (1901), 36 Misc. 286, 73 N. Y. Supp. 461; People y. Foster et al. 
(1908), 60 Misc. 7. 

§ 752. (Am'd, 1909.) False registration. 
Any person who : • 

1. Registers or attempts to register as an elector in more than 
one election district for the same election, or more than once in the 
same election district ; or, 

2. Registers or attempts to register as an elector, knowing that 
he will not be a qualified voter in the district at the election for 
^ich such r^stration is made; or, 

3. Registers or attempts to register as an elector under any 
other name than his own ; or, 

4. Knowingly gives a false residence within the election dis- 
trict when registering as an elector ; or, 

5. Knowingly permits, aids, assists, abets, procures, commands 
or advises another to commit any such act. 

Is guilty of a felony, punishable by imprisonment in a state 
prison for not more than five years. 

l>eriTatioBt Penal Code, § 4 la, added L. 1890, ch. 04, S 1> amended L. 
1892, ch. 693, § 1; L. 1897, ch. 255, § 1 ; L. 1901, ch. 371, 5 2; L. 1905, ch. 
«25, S 3. Am'd by L. 1909, en. 306. In effect Sept. 1, 1909. 

People V. Acritelli (1908), 57 Misc. 674, 110 N. Y. Supp. 430. 

§ 753. Misconduct of registry officers. 

Any member or clerk of a registry board who wilfully violates 
any provision of the election law relative to the registration of 
electors or wilfully neglects or refuses to perform any duty im- 
posed on him by law, or is guilty of any fraud in the execution 
of the duties of his office, is guilty of a felony, punishable by im- 
prisonment for not more than ten years. 

DerlTatioBt Penal Code, § 41c, added L. 1890, ch. 94, § 1, and amended 
L. 1892, ch. 603, S 1; L. 1803, ch. 692, S 1; re-numbered S 41aa and amendW 
L. 1905, eh. 626, | 4. 

Ptople T. McKane (1894), 143 N. Y. 455. aff'g 80 Hun, 322; MeAvogr ▼. 
?nm Pnblishiiig Co. (1906), 114 App. Div. 646, 99 N. Y. Bup^. 1041. 

147 



§§ 754-756] ELECTIVE FRANCHISE [Art. 74 

§ 754. Mutilation, destruction or loss of registry list. 

Any person who wilfully loses, alters, destroys or mutilates 
the list or register of voters in any election district, or a certi- 
fied copy thereof, or removes from the place of registration the 
public copy of such registration, after the making of the same 
and before the closing of the polls of the election for which the 
same is made, is guilty of a misdemeanor. 

DeriTationx Penal Code, $ 4lb, added L. 1890, ch. 04, S 1> as amended 
L. 1892, ch. 693, § 1; L. 1906, ch. 625, § 6. 

§ 755. Solicitation of money for newspaper support. 

Any person who solicits from a candidate for an elective office 
money or other property as a consideration for a newspaper or 
other publication supporting any candidate for an elective office, 
is guilty of a misdemeanor. 

Derivations Penal Code, § 41bb, added L. 1900, ch. 70, | 1. 

§ 756. Misdemeanors concerning police conunissioners or offi- 
cers or members of any police force. 

Any person who, being a police commissioner or an officer or 
member of any police force in this state: 

1. Usee or threatens or attempts to use his official power or 
authority, in any manner, directly or indirectly, in aid of or 
against any political party, organization, association or society, 
or to control, affect, influence, reward or punish, the political 
adherence, affiliation, action, expression or opinion of any citi- 
zen; or, 

2. Appoints, promotes, transfers, retires or punishes an officer 
or member of a police force, or asks for or aids in the promo- 
tion, transfer, retirement or punishment of an officer or member 
of a police force, because of the party adherence or affiliation 
of such officer or member, or for or on the request, direct or 
indirect, of any political party, organization, association or so- 
ciety, or of any officer, member of committee or representative 
official or otherwise of any political party, organization, asso- 
ciation or society ; or, 

3. Contributes any money, directly or indirectly, to, or solicits, 
collects or receives any money for, any political fund, or joins 
or becomes a member of any political club, association, society or 
committee. 

Is guilty of a misdemeanor. 

148 



Art. 74] ELECTIVE FRANCHISE [§§ 757-758 

DeriTatioms Penal Code, I 4lAa, addeil L. 1899, oh. 529, § 1; re-numbered 
I 41e, L. 1906, eh. 625, § 4. 

People ex rel. MeShane v. Hagen (1900), 48 App. Div. 204, aff'd 164 N. X 
S70, 02 N. T. Supp^816; McAvoy ▼. Frees Publishing Co. (1906), 114 App. 
DiT. 545, 99 N. Y. Supp. 1041. 

§ 757. Failure of house-dweller to answer inquiries. 

Any person dwelling in a building in a city who wilfully 
refuses to truly answer any question or who shall give false 
answers to any questions asked by any elector of such city, bf>- 
tween the first meeting of the boards of registry therein for any 
election and the closing of the polls at such election, relating to 
the residence and qualifications as a voter of any person dwelling 
in such building, or of any person who appears upon the list or 
registry of voters made by a board of registry as residing at such 
building, or who knowingly harbors or conceals any person who 
has falsely registered as a voter, or who shall rent any room or 
bed to any person to be used by such person for himself or any 
other person for the purpose of unlawfully registering or voting 
therefrom is guilty of a misdemeanor. 

DeriTatioBt Penal Code, § 41d, added L. 1890, ch. 94, § 1, amended L. 
1892, ch. 693, 9 1; L. 1001, ch. 371, § 3; L. 1906, ch. 625, § 6. 

People ex rel. Perry v. Hagan (1898), 13 N. Y. Cr. 418, 64 N. Y. Supp. 
826; People r. Acritelli (1908), 57 Misc. 574, 110 N. Y. Supp. 430. 

§ 758. Removal, mutilation or destruction of election booths, 
supplies, poll-lists or cards of instruction. 

Any person who: 

1. During an election or town meeting, wilfully defaces or 
injures a voting booth or compartment, or wilfully removes or 
destroys any of the supplies or other conveniences placed in 
the voting booths or compartments in pursuance of law; or, 

2. Before the dosing of the polls, wilfully defaces or destroy© 
my list of candidates to be voted for at such election or town 
meeting, posted in accordance with the election law ; or, 

3. During an election or town meeting, wilfully removes or 
defaces the cards for the instruction of voters, posted in aooord- 
ince with the election law, 

Is guilty of a misdemeanor. 

BtffivstlMii PUial Code, I 41e, added L. 1890, eh. 94, | 1; amended L. 
IM, eh. 69S, f 1 ; L. 1894, eh. 714, f v 

149 



§§ 759-760-a] ELECTIVE FRANCHISE [Art. 74 

§ 759. Befusal to permit employees to attend election. 

A person or corporation who refuses to an employe© entitled to 
vote at an election or town meeting, the privilege of attending 
thereat, as provided by the election law, or subjects such employee 
to a penalty or reduction of wages because of the exercise of such 
privilege, is guilty of a misdemeanor. 

Derivation: Penal Code, 9 41f, added L. 1800, ch. 94, § 1, amended L. 
1802, ch. 603, 9 1. 

§ 760. Hiscondnct in relation to certiflcatei of nomination and 
official ballots. 

A person who: 

1. Falsely makes or makes oath to, or fraudulently defaces or 
destroys, a certificate of nomination or any part thereof; or, 

2. Files or receives for filing a certificate of nomination, know- 
ing that any part thereof was falsely made ; or, 

3. Suppresses a certificate of nomination which has been duly 
filed, or any part thereof ; or, 

4. Forges or falsely makes the official indorsement of any 
ballot; or, 

5. Having charge of official ballots, destroys, conceals or sup- 
presses them, except as provided by law. 

Is punishable by imprisonment for not more than five years. 

Derivation: Penal Code, § 41g, added L. 1890, ch. 04, 9 1, amended L. 
1892, ch. 693, § 1 ; L. 1905, ch. 625, § 7. 

§ 760-a. Hiscondnct in relation to designation petitions. 

Any person who : 

1. Pays, lends, contributes or promises to pay, lend or contri- 
bute any money or other valuable consideration to or for any 
voter, or to or for any other person, to induce such voter to sii^ 



150 



Art. Y4J JLJLJiU i 1 V Ji JtKAJNUmOJIi LS ^^^'^ 

a petition for the designation of a candidate for partj nomination 
or for election to a party position to be voted for at a primary 
election; or 

2. Gives, offers or promises any office, place or employment, 
or promises to procure or endeavor to procure any office, place or 
employment to or for any voter, or to or for any other person, in 
order to induce such voter to sign a petition for the designation 
of a candidate for party nomination or for election to a party 
position to be voted for at a primary election ; or 

3. Receives, agrees or contracts for any money, gift, loan or 
other valuable consideration, office, place or employment for him- 
self or any other person, for signing a petition for the designation 
of a candidate for party nomination or for election to a party 
position to be voted for at a primary election ; or 

4. Pays or agrees to pay money or other valuable consideration, 
to any person for his services in canvassing for or otherwise pro- 
curing the signatures of voters to a petition for the designation of 
a candidate olr candidates for party nomination or for election 
to a party position to be voted for at a primary election, upon 
the basis of the number of names to such petition procured by 
such person, or at a fixed amount per name ; or 

5. Represents to any person as an inducement for signing a 
petition for the designation of a candidate for party nomination 
or for election to a party position to be voted for at a primary 
election, that the person soliciting such signature is to be com- 
pensated upon the basis of the number of names procured by such 
person, or at a fixed amount per name. 

Is guilty of a misdemeanor. (Added by L. 1912, ch. 207 ; in 
effect Apr. 9, 1912.) 



150^ 



§§ 761-763] ELECTIVE FRANCHISE [Art 74 

§ 761. Failure to deliver official ballots. 

Any person who has undertaken to deliver official ballotB to any 
city, town or village clerk, or inspector, as authorized bj the 
election law, and neglects or refuses to do so, is guilty of a mis- 
demeanor. 

Derivatioii: Penal Code, | 41h, added L. 1892, ch. 693, § 1. 

§ 762. Hiscondnot of election officers and watchers. 

Any election officer or watcher who : 

1. Keveals to another person the name of any candidate for 
whom a voter has voted ; or, 

2. Communicates to another person his opinion, belief or im- 
pression as to how or for whom a voter has voted ; or, 

3. Places a mark upon a ballot, or does any other act by which 
one ballot can be distinguished from another, or can be identi- 
fied ; or, 

4. Before the closing of the polls, unfolds a ballot which a voter 
has prepared for voting, 

Is guilty of a misdemeanor. 

Derivation: i:*enal Code, § 41i, added L. 1892, ch. 693, | 1, as amended 
L. 1894, ch. 714, § 2; L. 1906, ch. 625, 9 8. 

§ 763. Violation of election law by public officer. 

A public officer who omits, refuses or neglects to perform any 
Act required of him by the election law, or refuses to permit 
the doing of any act authorized thereby, is, if not otherwise 
provided by law, punishable by imprisonment for not more than 



tSOb 



Art. 74] ELECTIVE FRANCHISE [§ 7a4 

three years, or by a fine of not more than three thousand dollars, 
or both. 

Berivatioii: Penal Code, 9 41j, added L. 1892, ch. 693, § 1. 

People y. Gleason (1896), 18 Misc. 511, 12 N. Y. Cr. 192, 42 N. Y. Supp. 
1084 ; Matter of Hearst (1906), 110 App. Div. 346, 96 N. Y. Supp. 341. 

§ 764. Misdemeanor in relation to elections. 

Any person who: 

1. Acts as an inspector of election, poll olerk or ballot clerk, 
without being able to read and write the English language, or 
without being otherwise qualified to hold such office; or, 

2. Being an inspector of election, knowingly and wilfully per- 
mits or suffers any person to vote who is not entitled to vote 
thereat; or, 

3. Wilfully and unlawfully obstructs, hinders or delays, or aids 
or assists in obstructing or delaying any elector on his way to a 
registration or polling place, or while he is attempting to register 
or vote; or, 

4. Electioneers on election day within a polling place, or in 
auy public street or in a building or room, unless such building or 
room has been maintained for such purpose for at least six months 
l>revious to said election day, or in any public manner within one 
lnin<lred feet of a polling place; or displays any political poster 
«»r jilacard, except those lawfully provided, in or upon any building 
iK-ed for registration or election purposes during any day for 
registration or election ; or, 

r». Kemoves any official ballot from a polling place before the 
ol«r«ing of the polls; or. 



551 



§ 764] ELECTIVE FRANCHISE [Art 74 

6. Unlawfully goes within the guard-rail of any pdling place 
or unlawfully remains within such guard-rail after having been 
commanded to remove therefrom by any inspector of election ; or, 

7. Enters a voting booth with any voter or remains in a voting 
booth while it is occupied by any voter, or opens the door of a 
voting booth when the same is occupied by a voter, with the 
intent to watch such voter while engaged in the preparation of his 
ballot, except as authorized by the election law; or, 

8. Being or claiming to be a voter, permits any other person to 
be in a voting booth with him while engaged in the preparation of 
his ballot, except as authorized by the election law, without openly 
protesting against and asking that such person be ejected; or, 

9. Having lawfully entered a voting booth with a voter, re- 
quests, persuades or induces such voter to vote any particular 
ballot or for any particular candidate, or, directly or indirectly, 
reveals to another the name of any candidate voted for by such 
voter, or anything occurring within such booth; or, 

10. Shows his ballot after it is prepared for voting, to any per- 
son so as to reveal the contents, or solicits a voter to show the 
same; or, 

11. Places any mark upon his ballot, or does any other act in 
connection with his ballot with the intent that it may be identi- 
fied as the one voted by him; or, 

12. Places any mark upon, or does any other act in connection 
with, a ballot or paster ballot, with the intent that it may after- 
wards be identified as having been voted by any particular per- 
son; or, 

13. Beceives an official ballot from any person other than one 
of the ballot clerks haiying charge of the ballots ; or, 

14. Not being a ballot clerk, delivers an official ballot to a 
voter; or, 

15. Not being an inspector of election, receives from, any voter 
a ballot prepared for voting; or, 

16. Fails to return to the ballot clerks, before leaving the poll- 
ing place or going outside the guard-rail, each ballot not voted by 
him; or, 

17. Wilfully defaces, injures, mutilates, destroys or secretes 
any voting machine which belongs to any municipality for use at 
elections, and any person who commits or attempts to commit a 
fraud in the use of any such voting machine during an ele» 
tion; or^ 

152 



iit 74] ELECTIVE FRANCHISE [§ 765 

18. WUfully disobeys any lawful command of the board of 
inspectors, or any member thereof, 

Is guilty of a misdemeanor. 

This section shall apply to general and special elections, munici- 
pal Sections and town meetings, but nothing therein shall prevent 
any person from receiving or delivering an unofficial sample ballot, 
or from receiving, delivering and voting an unofficial ballot as 
authorized by the election law. 

DeriTatioBs Penfcl Code, $ 41k, added L. 1892, ch. 693, § 1; subd. 18, 
added L. 1893. ch. 692, § 2; amended L. 1894, ch. 714, § 3; subd. 4, amended 
L 1896, ch. 649, § 1, and L. 190.5, ch. 625, § 9; subd. 17, added L. 1899, ch. 
265, § 1 ; subd. 17, re-numbered 18, L. 1899, ch. 265, § 2. 

People V. Pillion (1894), 78 Hun, 74, 29 N. Y. Supp. 267; People v. Cleary 
(1895), 13 Misc. 652, 36 N. Y. Supp. 688; People v. Hochstim (1902), 76 App. 
DiT. 28, 78 N. Y. Supp. 638, 986; People ex rel. Borgia v. Doe (1906), 109 
App. Dir. 673, 96 N. Y. Supp. 389. 

§ 765. Illegal voting. 

Any person who: 

1. Knowingly votes or offers or attempts to vote at any election, 
or town meeting, when not qualified ; or, 

2. Procures, aids, assists, counsels or advisee any person to go 
or come into any town, ward or election district, for the purpose 
of voting at any election, or town meeting, knowing that such 
person is not qualified; or, 

3. Votes or offers or attempts to vote at an election, or town 
meeting more than once; or votes or offers or attempts to vote 
at an election, or town meeting under any other name than his 
own ; or votes or offers or attempts to vote at an election, or town 
meeting in an election district or from a place where he does not 
reside; or, 

4. Procures, aids, assists, commands or advises another to vote 
or offer or attempt to vote at an election, or town meeting, know- 
ing that such person is not qualified to vote thereat ; or, 

5. Being an inhabitant of another state or county, votes or 
offers or attempts to vote at an election, or town meeting in this 
state or permits, aids, a.^^ists, abets, procures, commands or ad- 
vises another to commit or attempt any act named in this section. 

Is guilty of felony, punishable by imprisonment in a state 
prison for not more than five years. 

An offer or attempt- under this section shall be deemed to 
be the doing of any act made naceasary by the elec^on \«i^ ^t^ 

158 



§§ 760-767] ELECTIVE FRAXCHISE [Art. 74 

liminary to the delivery of a ballot to an elector or the deposit 
oi the ballot in the ballot box. 

DeriTation: Penal Codt^ § 41m, added L. 1802, cb. 603, S 1, as amended 
L. 1804, ch. 77, § 2; L. 1804, ch. 282, § 1; re-numbered § 4M and amended L. 
1001, ch. 371, § 5; L. 1005, ch. 625, § 10. 

People ex rel. McShane v. Hagen (1000), 48 App. Div. 204, aff'd 164 N. Y. 
570, 62 N. Y. Supp. 81U; People v. GagUardi (1008), 50 Misc. 653, 111 N. Y. 
Supp. 305; People v. Fabian (1008), 102 N. Y. 446, 126 App. Div. 01. 

§ 766. False returns. 

An inspector or poll clerk of an election or tovm meeting, who 
intentionally makes, or attempts to make, a false canvass of the 
ballots cast thereat, or any false statement of the result of a can- • 
vass, though not signed by a majority of tho inspectors, or any 
person who induces or attempts to induce any such inspector or 
clerk so to do, is guilty of a felony. 

Derivation: Penni (ode, § 4]n, added L. 180?, ch. 603, 9 1; re-numbered 

§ 4hn, L. 1001, ch. 371, § 0. 

Matter of Hearst (1005), 110 App. Div. 346, 350, 06 N. Y. Supp. 341; Peo- 
ple V. Foster (1008), GO Misc. 7. 

§ 767. Furnis^hing money or entertainment to induce attend- 
ance at polls. 

Any person who directly or indirectly by himself or through any 
other person in connection with or in respect of any election: 

1. Gives or provides, or causes to be given or provided, or shall 
pay for wholly or in part, any meat, drink, tobacco, refreshment 
or provision, to or for any person, other than as part of the 
traveling expenses of candidates, political agents, committees and 
public speakers; or, 

2. Pay«i, 1( nds or contribute^, or offer« or promises to pay, lend 
or oontributf anv monev or other valuable consideration, for anv 
other purpose than the following matters and services at their 
reasonable, bona fide and customary value is guilty of a misde- 
meanor: Rent of halls and comp<^nsation of speakers, music and 
fireworks for public meetings, and expenses of advertising the 
same, toirother with ^ho u=^ua] and minor expenses incident thereto; 
the preparation, printing and publication of posters, lithographs, 
banners, notices and literary material ; the compensation of agents 
to supervise and prepare articles and advertisements in the news- 
papers, to examine questions of public interest bearing on tllfl 

154 



Art. 74] ELECTIVE FRANCHISE [§ 768 

election, and report on the same ; the pay of newspapers for adver- 
tisements^ pictures, reading matter and additional circulation, the 
preparation and circulation of circular letters, pamphlets and 
literature bearing on the election; rent of offices and club rooms, 
e«impensation of such clerks and agents as shall be required to 
manage tlie necessary and reasonable business of the election and 
of attorneys at law for actual legal services rendered in con- 
nection with the ekction; the preparation of lists of voters, pay- 
ment of nect^ssary personal expenses by a candidate ; the reasonable 
traveling expenses of the committeemen, agents, clerks and 
speakers, postage, express, telegrams and tek phones; the expenses 
of pn paring, circulating and tiling a petition for nomination; 
compensation of poll workers or watchers, and food for the same, 
and election officers, hiring of carriages for conveying electors to 
the polls not exceeding three carriages for each election district 
in a eitv and not exceeding six carriages in any other election dis- 
trict ; and the actual necessary railroad traveling expenses for 
transportation of voters to and from their places of residence for 
the purpose of voting. 

DerivatioB: Penal Code, § 4I-o. added L. 1892, cli. 693, § 1. amended L. 
1895, cb. 885, S 1; re-numbered § 41n, L. 1001, eh. 371, § 6, amended L. 1906, 
ch. 503, § 1 ; L. 1907, eh. 398, § 1. 

Smith V. Babcock (1896), 3 App. Div. 9, 37 N. Y. Supp. 966; People ex rel. 
Perkins v. Moss (1906), 113 App. Div. 329, 99 N. Y. Supp. 138, aff'd 187 N. 
Y. 410. 

§ 768. Giving consideration for franchise. 

Any person who directly or indirectly, by himself or through 
any other peson': 

1. Pays, lends or contributes, or offers or promises to pay, lend 
or contribute any money or other valuable consideration to or 
for any voter, or to or for any other person, to indnc^ snch voter 
or other person to vote or refrain from voting at any election, 
or to indure any voter or other person to voto or refrain from 
voting at. such election for any particular person or persons, or 
for or against any particular proposition submitted to voters, or 
to induce such voter to come to the polls or remain away from 
the polls at such election, or to induce such voter or other per- 
wn to place or cause to be placed or refrain from placing or 
causing to be placed his name upon a re^nfitry of voters, or on 
•eomint of audi voter or other person having voted or refrained 

1S5 



§ 768] ELECTIVE FRANCHISE [Art 74 

from voting or having voted or refrained from voting for or 
against any particular person or for or against any proposition 
submitted to voters^ or having come to the polls or remained away 
from the polls at such election, or having placed or caused to be 
placed or refrained from placing or causing to be placed his or 
any other name upon the r^stry of voters ; or, 

2. Gives, offers or promises any office, place or employment, or 
promises to procure or endeavor to procure any office, place or 
employment to or for any voter, or to or for any other person, in 
order to indr.cc such voter or other person to vote or refain from 
voting at any election, or to induce any voter or other person to 
vote or refrain from voting at such election, for or against any 
particular person or for or against any proposition submitted to 
voters, or to induce any voter or other person to place or cause 
to be placed or refrain from placing or causing to be placed his or 
any other name upon a registry of voters ; or, 

3. Gives, offers or promises any office, place, employment or 
valuable thing as an inducement for any voter or other person to ' 
procure or aid in procuring either a large or a small vote, plu- . 
rality or majority at any election district or other political divi- ' 
eion of the state, for a candidate or candidates to be voted for ' 
at an election ; or to cause a larger or smaller vote, plurality or 
majority to be cast or given for any candidate or candidates in ' 
one such district or political division than in another; or, 

4. Makes any gift, loan, promise, offer, procurement or agree- • 
ment as aforesaid to, for or with any person to induce such person ' 
to procure or endeavor to procure the election of any person <Mf ' 
the vote of any voter at any election ; or, 

5. Procures or engages or promises or endeavors to procure, in \ 
consequence of any such gift, loan, offer, promise, procurement, or • 
agreement the election of any person, or the vote of any voter, at ■ 
such election ; or, 

6. Advances or pays or causes to be paid, any money or other ' 
valuable thing, to or for the use of any other person with the in- 3 
tent that the same, or any part thereof, shall be used in bribery ■ 
at any election, or knowingly pays or causes to be paid any money " 
or other valuable thing to any person in discharge or repayment of 
any money, wholly or in part expended in bribery at any electioBi . 

Is guilty of a felony, punishable by imprisonment for not more 
than five years, and in addition forfeits any office to which he 
may have been elected at the election with reference to whidi^ 



xt 74] ELECTIVE FRANCHISE [§ 769 

ich offense was oommitted, and becomes incapable of holding 
ij public office under the constitution and laws of the state for a 
sriod of five years after such conviction. 

I>ertYatioAX Penal Code, § 41 p, added L. 1892, ch. 693, | 1, amended L. 
»4, ch. 714, S 5; re-numbered § 41-o, amended L. 1901, ch. 371, § 7; L. 1906, 
. 625, S 11. 

§ 760. Receiving consideration for franchise. 

Any person who, directly or indirectly, by himself or through 
ly other person*. 

1. Receives, agrees or contracts for, before or during an elec- 
on, any money, gift, loan or other valuable consideration, office, 
:ace or employment for himself or any other person, for voting 

• agreeing to vote, or for coming or agreeing to come to the polls, 

• for remaining away or agreeing to remain away from the polls, 
p for refraining or agreeing to refrain from registering as a 
Jter, or for refraining or agreeing to refrain from voting, or for 
jting or agreeing to vote, or for refraining or agreeing to refrain 
rom voting for or against any particular person or persons at 
ay election, or for or against any proposition submitted to voters 
t such election ; or, 

2. Receives any money or other valuable thing during or after 
n election on account of himself or any other person having 
oted or refrained from voting at such an election, or having 
egistered or refrained from registering as a voter, or on account 
f himself or any other person having voted or refrained from 
oting for or against any particular person at such election, or 
or or against any proposition submitted to voters at such elee- 
ion, or on account of himself or any other person having come to 
he polls or remained away from the polls at such election, or 
laving restored or refrained from registering as a voter, or on 
i«oonnt of having induced any other person to vote or refrain 
from voting for or against any particular person at such election, 
or for or against any proposition submitted to voters at such 
election, 

Is guilty of a felony, and in addition shall be excluded from 
tthe right of suffrage for five years after such conviction. 

The county clerk of the county in which such person is oon- 
▼icted shall transmit a certified copy of the record of conviction 
tD the derk of each county of the state, within ten days thereafter, 
ibich copy shall be filed in hb office by each of said clerks. 

Harimtiomi Penal Code, § 41<i^ added L. 1892, eh. 603, f 1 ; amendsd £b 

157 



§§ 770-772] ELECTIVE FRANCHISE [Art ' 

1894, ch. 714, S 5; re-numbered, S 41p and amended L. 1901, ch. S71, | 8; 
1905, eh. 625, § 12. 

Van Ingen v. Star Co. (1896), 1 App. Div. 431, aff'd 157 N. Y. 695, S7 
Y. Supp. 114. 

§ 770. Testimony on prosecution. 

A person offending against any section of this article is a ooi 
potent witness against another person so offending and may ^ 
compelled to attend and testify on any trial, hearing or proceedii 
or investigation in the same manner as any other person. Tl 
testimony so given shall not be used in any prosecution or procee 
ing, civil or criminal, against the person testifying. Any such pe 
son testifying shall not thereafter be liable to indictment, proseci 
tion or punishment for the offense with reference to which his te 
timony was given, and may plead or prove the giving of testimon 
accordingly, in bar of such an indictment or prosecution. 

DeriTatioBt Penal Code, § 41r, added L. 1892, ch. 693, § 1; amended I 
1893, ch. 692, § 1; renumbered § 41q and amended L. 1901, ch. 371, S 9. 

People V. I^wis (1895), 14 Misc. 264, 11 N. Y. Cr. 212, 36 N. Y. Supp 
664; People v. Acritelli (1908), 57 Misc. 582, 110 N. Y. Supp. 430; People i 
CahiU (1908), 193 N. Y. 239, aff'g 126 App. Div. 394. 

§ 771. Bribery or intimidation of elector in military service o 
United States. 

Any person who, directly or indirectly, by bribery, menace o 
other corrupt means, controls or attempts to control an elector o 
this state enlisted in the military ser\nce of the United States, ii 
the exercise of his rights under the election law, or annoys, injure 
or punishes him for the manner in which he exercises such right,'! 
guilty of a misdemeanor for which he may be tried at any futun 
time when he may be found within this state ; and upon convictid 
thereof shall thereafter be ineligible to any office therein. 

DeriTation: Penal Code, § 41s, added L. 1892, ch. 693, § 1; re-niunbtri 
§ 4lr, L. 1901, ch. 371, § 10. 

§ 772. Duress and intimidation of voters. 

Any person or corporation who directly or indirectly: 

1. Usee or threatens to use any force, violence or restraint 

or inflicts or threatens to inflict any injury, damage, harm 

loss or in any other manner prActioee intimidation upon o 

against any person in order to induce or compel such penoi 

158 



Art 74] ELECTIVE FRANCHISE [§ 773 

to vote or refrain from voting at any election or to vote or 
refrain from voting for or against any particular person 
or for or against any proposition submitted to voters at such 
election, or to place or cause to be placed or refrain from placing 
or causing to be placed his name upon a registry of voters, or 
on account of such person having voted or refrained from voting 
It such election, or having voted or refrained froni^ voting for 
or against any particular person or persons, or for or against 
•ny proposition submitted to voters at such election, or having 
registered or refrained from registering as a voter ; or, 

2. By abduction, duress or any forcible or fraudulent device or 
contrivance whatever impedes, prevents or otherwise interferes 
with the free exercise of the elective franchise by any voter, or 
oompels, induces or prevails upon any voter to give or refrain 
from giving his vote for or against any particular person at any 
election; or, 

3. Being an en^ployer pays his employees the salary or wages 
due in ** pay envelopes," upon which there is written or printed 
any political motto, device or argument containing threats, ex- 
press or implied, intended or calculated to influence the political 
opinions or actions of such employees, or within ninety days of 
a general election puts or otherwise exhibits in the establish- 
ment or place where his employees are engaged in labor, any 
handhill or placard containing any threat, notice or information, 
that if any particular ticket or candidate is elected or defeated, 
work in his place or establishment will cease, in whole or in part, 
his establishment be closed up, or the wages of his employees 
leduced, or other threats, express or implied, intended or calcu- 
lated to influence the political opinions or actions of his employees, 
Is guilty of a misdemeanor, and if a corporation shall in addition 
forfeit its charter. 

DeriTAtiomt Penal Code, f 41t, added L. 1892, oh. 603, 8 1; amended L. 
18M, ch. 714, 8 6; re-numbered 8 41b, L. 1901, ch. 371, 8 10. 

People y. Hochstim (1901), 36 Misc. 562, 73 N. T. Supp. 626. 

§ 773. Conspiracy to promote or prevent election. 

Any two or more persons who conspire to promote or prevent 
the election of any person to a public office by the use of any 
means which are prohibited by law, shall be punishable by im- 
priionment for not more than one year; provided any act 

159 
11 






S 774] ELECTIVE FRANCHISE [Art. 

such agreement be done to effect the object thereof by one or m 
of the parties to such conspiracy. 

DerlTAtiont Penal Code, 8 41u, added L. 1894, ch. 714, 8 7; r^-namlN 
f 41 1, L. 1001, ch. 371, 8 10; amended, L. 1905, ch. 626, 8 13. 



§ T74. Political assessments. 

Any person who: 

1. Being an officer or employee of the state, or of a politi 
subdivision thereof, directly or indirectly uses his authority 
official influence to compel or induce any other officer or employ 
of the state or a political subdivision thereof, to pay or prom 
to pay any political assessments; or, 

2. Being an officer or employee of the state, or of a politii 
subdivision thereof, directly or indirectly, gives, pays or han 
over to any other such officer or employee any money or od 
valuable thing on account of or to be applied to the promoti 
of his election, appointment or retention in office, or makes a 
promise, or gives any subscription to such officer or employee 
pay or contribute any money or other valuable thing for a 
such purpose or object ; or, 

3. Being such an officer or employee and having charge 
control of any building, office or room occupied for any puip< 
of the state or of a political subdivision thereof, oonaents tl 
any person enter the same for the purpose of maldng, collecti] 
receiving or giving notice of any political assessment ; or, 

4. Enters or remains in any such office, building or room, 
sends or directs any letter or other writing thereto, for the pi 
pose of giving notice of demanding or collecting, or being there 
gives notice of, demands, collects or receives, any political ass€ 
ment; or, 

5. Prepares or makes out, or takes any part in preparing 
making out, any political assessment, subscription or oontril 
tion, with the intent that the same shall be sent or presented 
or collected of any such officer or employee ; or, 

6. Sends or presents any political assessment, subscription, 
contribution to, or requests its payment of, any such officer 
employee, 

Is guilty of a misdemeanor. 

DerlTAtioms Penal Code, 8 41u, added L. 1802, ch. 09S, 8 Ij re-mmdN 
8 4lT, L. 1894, ch. 714, 8 8; renumbered 8 41u, L. 1901, ch. 371, | 10, 

1«0 



in?J JLXiXiV^ X J. V j:j a- AV-t^xi v^xx i.»^j-j lho 



t t «^ ■ 



^ 775. Corrupt use of position or authority. 

Anj person who: 

1. While holding a public office, or being nominated or seeking 
a nomination or appointment therefor, corruptly usee or promises 
to use, directly or indirectly, any official authority or influence 
possessed or anticipated, in the way of conferring upon any per- 
6c»n, or in order to secure, or aid any person in securing, any 
office or public employment, or any nomination, confirmation, 
promotion or increase of salary, upon consideration that the vote 
or political influence or action of the person so to be benefited or 
of any other person, shall be given or used in behalf of any candi- 
date, officer or party or upon any other corrupt condition or con- 
sideration ; or, 

2. Being a public officer or employee of the state or a political 
subdivision having, or claiming to have, any authority or in- 
fluence affecting the nomination, public employment, confirma- 
tion, promotion, removal, or increase or decrease of salary of 
■ny public officer or employee, or promises or threatens to use, 
any such authority or influence, directly or indirectly to aflF'Hit 
the vote or political action of any such public oSicer or employee, 
or on account of the vote or political action of such officer or 
employee; or, 

3. Makes, tenders or offers to procure, or cause any nomina* 
lion or appointment for any public office or place, or accepts or 
requests any such nomination or appointment, upon the payment 
or contribution of any valuable consideration, or upon an under- 
standing or promise thereof; or, 

4. Makes any gift, promise or contribution to any person, 
upon the condition or consideration of receiving an appointment 
Of election to a public office or a position of public employment, 
or for receiving or retaining any such office or position, or pro- 
motion, privilege, increase of salary or compensation therein, or 
exemption from removal or discharge therefrom, 

Is punishable by imprisonment for not more than two years 
or by a fine of not more than three thousand dollars or both. 

D«i¥»tioas Penal Code, 8 41t, added L. 1892, ch. 693, 8 1; re-numbered 
|41w, L. 1894, ch. 714, { 8; renumbered 8 41v, L. 1901, ch. 371, 8 10. 

S 776. Failure to file candidate's statement of expenses. 
Every candidate who is voted for at any public election held 
'l wiAin this state shall, within ton days after such election, file 

161 



§ 777] ELECTIVE FRxVXCHISE [Art. 

as hereinafter provided an itemized statement showing in detail 
the moneys contributed or expended by him, directly or indirect 
by himself or through any other person, in aid of his electic 
Such statement shall give the names of the various persons w 
received such moneys, the specific nature of each item, and t 
purpose for which it was expended or contributed. There sh; 
be attached to such statement an affidavit subscribed and sworn 
by such candidate, setting forth in substance that the stateme 
thus made is in all respects true, and that the same is a full ai 
detailed statement of all moneys so contributed or expended i 
him, directly or indirectly, by himself or through any other perso 
in aid of his election. Candidates for offices to be filled by t 
electors of the entire state, or any division or district there 
greater than a county, shall file their statements in the office of tl 
secretary of state. The candidates for town, village and city office 
excepting the city of New York, shall file their statements in tl 
office of the town, village or city clerk, respectively, and in citic 
wherein there is no city clerk, with the clerk of the common counc 
of the city wherein the election occurs. Candidates for all othe 
offices, including all officers in the city and county of New Yorl 
shall file their statements in the office of the clerk of the count 
wherein the election occurs, unless the county has a commissioner c 
elections, in which case candidates shall file their statements in tl 
office of such commissioner of elections. 

Any candidate for office who refuses or neglects to file a 8tat< 
ment as prescribed in this section shall be guilty of a misdemeano 
A coimty clerk or commissioner of elections with whom a cand 
date's statement of expenses is filed shall, within twenty days afU 
the election, file a certified copy thereof with the secretary of stat 
(Amended by L. 1910, ch. 439, in effect Sept. 1, 1910.) 

DeriTAtiont Penal Code, § 41w, added L. 1892, ch. 603, § 1; renumber 
§ 41x, L. 1894, eh. 714, § 8; renumb<>red § 41 w, L. 1901, ch. 371, § 10. 

Strykor v. Churchill (1903), 39 Misc. 578, aff*d without opinion, 80 K. 
Supp.' 588. 

§ 7T7. Procuring fraudulent certificates in order to vote. 

Any person who knowingly and wilfully procures from ai 
court, judge, clerk or other officer, a certificate of naturalizatio 
. which has been allowed, issued, signed or sealed in violation 
the laws of the United States or of this state, with intent to enal 
himself or any other person to vote at any election when he 
such person is not entitled by the laws of the United States 
become a citizen or to exercise the elective franchise, is guilty 
a felony. 

DeHvationt Penal Code, § 41x, added L. 1893, ch. 602, § 2. 
Striker v. Churchill (1903), 39 Misc. 578, 580, 80 N. Y. Supp. 688. . 

162 



Art. 74J ELECTIVE JbKAJNCHiSE [§§ 778-781 

§ 778. Presenting fraudulent certificates to registry boards to 
procure registration. 

A person who knowingly and wilfully presents to any board of 
officers^ for the purpose of having himself or any other person 
placed upon any list or registry of voters, or co any board of offi- 
cers for the purpose of enabling himself or any other person to 
?ote at any election, any certificate of naturalization which has 
heen allowed or issued by or procured from any judicial officer, 
derk of a court, or other ministerial officer of a court, by any 
false statement, oath or representation, or in violation of the laws 
of the United States or of this state, with intent to enable any 
person to vote at any election, when such person is not entitled 
by the laws of the United States to become a citizen, or of this state, 
to exercise the elective franchise, is guilty of a felony. 

DwlTAtiomt Penal Code, f 41y, added L. 1893, ch. 692, | 2. 

§ 770. Soliciting from candidates. 

Any person who solicits from a candidate for an elective office 
money or other property, or who seeks to induce such candidate 
who has been placed in nomination to purchase any ticket^ card 
or evidence of admission to any ball, picnic, fair or entertain- 
ment of any kind, is guilty of a misdemeanor; but this section 
ihall not apply to a request for a contribution of money by an 
authorized representative of the political party, organization or 
association to which such candidate belongs. 

DerlTAtioms Part of Penal Code, 8 41z(a), added L. 1896, eh. 156, 8 1; 
imended L. 1906, ch. 503, 8 2. For remainder of section, see 8 780, post, 

§ 780. Judicial candidates not to contribute. 

Xo candidate for a judicial office shall, directly or indirectly, 
make any contribution of niouey or other thing of value, nor shall 
any contribution be solicited of him ; bur a candidate for a judicial 
oflSce may make such lejiral expenditures other than contributions, 
as are authorized by section seven hundred and sixty-seven of this 
article. 

DerivAtiomt Part of Penal Cmlp. § 41z(l)), addod L. 1805, ch. 155. § 1; 
amended L. 1906, ch. 503, § 2. For remainder of section, set? § 779, ante. 

§ 781. Limitation of amounts to be expended by candidates. 

The total amount expended l)y a candidate for a public office, 
voted for at an election, bv the qualified electors of the state or 
anv political subdivision thereof, for anv of the purposes €>\>ee\^^ 

1 nr, 



§§ 781-a-782] ELECTIVE FKANCHISE [Art 74 

in section seven hundred and sixty-seven of this chapter, for 
contributions to political committees, as that term is defined in 
section five hundred and forty of the election law, or for anv 
purpose tending in any way, directly or indirectly, to promote, 
or aid in securing, his nomination and election shall not exceed 
the amount specified herein. By a candidate for governor, the 
sum of ten thousand dollars ; bv a candidate for any other elective 
state office, other than a judicial office, the simi of six thousand dol- 
lars; by a candidate for the office of representative in congress 
or presidential elector, the sum of four thousand dollars; by a 
candidate for the office of state senator, the sum of two thousand 
dollars; by a candidate for the office of member of assembly, tlie 
sum of one thousand dollars ; by a candidate for any other public 
office to be voted for by the qualified electors of a county, city, 
town or village, or any part thereof, if the total number of votes 
cast therein for all candidates for the office of governor at the 
last preceding state election, shall be five thousand or less, the 
sum of five hundred dollars; if the total number of votes cast 
therein at such last preceding state election be in excess of five 
thousand, the sum of three dollars for each one hundred votes in 
excess of such number may be added to the amounts above speci- 
fied. Any candidate for a public office who shall expend for the 
purposes above mentioned an amount in excess of the sum herein 
specified shall be guilty of a misdemeanor. 

DeriTAtion: Penal Code, § 41z(c), added L. 1907, ch. 584, § 1. 

§ 781-a. Political contributions by owners of polling places 
prohibited. 

A person who, being the owner of premises contracted for or 
used as a place of registration or as a polling place for any election 
or official primary, who makes, offers or promises to make a politi- 
cal contribution to any party committee, candidate or person, or 
any person who makes, promises or offers to make any such politi- 
cal contribution as an inducement for the hiring of premises owned 
by him for use as a. place of registration or polling place for any 
election or official primary, shall be guiltv of a misdemeanor. 
(Added by L. 1918, ch. 294, in effect Sept. 1, 1918.) 

§ 782. Penalty. 

Any person convicted of a misdemeanor imder this article shall 
for a first offense be punished by imprisonment for not more 
than one year, or by a fine of not less than one hundred dollars nor 
more than five hundred dollars, or by both such fine and imprison- 
ment. Any person convicted of a misdemeanor imder this article 
for a second or subsequent offense shall be guilty of a felony. 

DeriTationt Penal Code. § 41zz, added L. 1901, ch. 371» § 11, amended 
L. 1905, ch. 625, § 14; L. 1906. ch. 503, § 3. 



Ari 76] EVIDENCE [§§ 810-812 



ARTICLE 76. 

EVIDENCE. 

SmiDN 810. Ufling forged or fraudulently altered evidence. 

811. Forging eridenoe; 

812. Destroying evidence. 

813. Inducing another to commit perjury. 

814. Suppressing evidence. 

815. Presumption of responsibility in general. 

816. Presumption as to child under seven years. 

817. Presumption of responsibility in general as to child of seven 

years or more. 



§ 810. Using forged or fraudulently altered evidence. 

A person who, upon any trial, hearing, inquiry, investigation 
or other proceeding authorized by law, oflFers or procures to be 
offered in evidence, or to be used on a motion, as genuine, a 
book, paper, document, record or other instrument in writing, 
knowing the same to have been forged or fraudulently altered, is 
^lilty of a felony. 

DerlTAtiomt Penal Code, f 107, amended L. 1890, ch. 378, | 1. 
People V. Levy (1896), 16 Misc. 615, 40 N. Y. Supp. 743. 

§ 811. Forging evidence. 

A person who fraudulently makes or prepares any false record, 
instrument in writing, or other matter or thing, with intent to pro- 
duce it, or allow it to be produced in evidence, or on a motion, as 
genuine, upon any trial, hearing, investigation, inquiry, or other 
proceeding, authorized by law, is guilty of a felony. 

DerlTAtiomt Penal Code, i 109, amended L. 1890, ch. 378, § 2. 
People V. Levy (1896), 16 Misc. 615, 40 N. Y. Supp. 743. 

§ 812. Destroying evidence. 

A person who, knowing that a book, paper, record, instrument in 
writing, or other matter or thing, is or may be required in evi- 
dence, or on a motion, upon any trial, hearing, inquiry, investiga- 
tion, or other proceeding, authorized by law wilfully destroys 

166 



H 813-816] EVIDENCE [Ait. 



<c 



the same^ with intent thereby to prevent the same from being yro 
duced, is guilty of a misdemeanor. 

DerlTAtions Penal Code, | 110, amended L. 1890, ch. 378, t 9. 

Stearns v. Titus (1008), 193 N. Y. 274, rev*g 119 App. Div. 886, 104 V. Y. 
Supp. 1148. 

§ 813. Inducing another to commit perjury. 

A person who without giving, offering or promising a bribe, 
incites or attempts to procure another to commit perjury, or to 
give false testimony as a witness, though no perjury is committed 
or false testimony given, or to withhold true testimony, is guilty 
of a misdemeanor. 

DeriTAtiont Penal Code, $ 112. 

McCoy V. Monro (1902), 76 App. Div. 439, 78 N. Y. Supp. 849. 

§ 814. Suppressing evidence. 

A person who maliciously practices any deceit or fraud, or usbb 
any threat, menace or violence, with intent to prevent any party 
to an action or proceeding from obtaining or producing therein 
any book, paper, or other thing which might be evidence, or from 
procuring the attendance or testimony of any witness therein, or 
with intent to prevent any person having in his possession any 
book, paper, or other thing which might be evidence in such suit 
or proceeding, or to prevent any person being cognizant of any 
fact material thereto from producing or disclosing the same, is 
guilty of a misdemeanor. 

DerlTAtiont Penal Code, f 128. 

§ 815. Presumption of responsibility in general. 

A person is presumed to be responsible for his acts. The burden 
of proving that he is irresponsible is upon the aecused person, ex- 
cept as otherwise prescribed in this chapter. 

DeriTation: Penal Code, § 17. 

Murphy v. Perlstein (1902), 73 App. Div. 256-261, 76 N. Y. Supp. 667. 

§ 816. Presumption as to child under seven years. 

A child under the age of seven years is not capable of oomniit- 
ting crime. 

DerlTAtiont Penal Code, f 18. 

Moebus T. Herrmanii (1888), 108 N. Y. S6S, afTg 18 Hun, S70; Bloat ▼. 

166 



Art. 76] EVIDENCE [§ 817 

Dry Doek, etc., R. Co. (1889), 115 N. Y. 104, 23 N. T. St. 651, rev'g 46 
Hon, 184; Lafferty v. Third Ave. R. R. Co. (1903), 85 App. Diy. 599, 83 N. 
T. Supp. 405; People v. Taylor (1908), 192 N. Y. 400; see also People v. 
DtTis, 1 VVbeel Car Cas. 230; Walker's Case, 5 City Hall Reo. 137; Stage's 
Cue, 5 City Hall Rec. 177; State v. Aaron, 7 Am. Dec. 592; Marsh ▼. Loader, 
14 B. C. (N. 8.) 535, 3 Lawson Crim. Def. 119; Willet ▼. Com., 13 Bush, 230. 

§ 817. Presumption of responsibility in general as to child of 
seven years or more. 

A child of the age of seven years, and under the age of twelve 
years, is presumed to be incapable of crime, but the presumption 
may be removed by proof that he had sufficient capacity to under- 
stand the act or neglect charged against him and to know its 
wrongfulness. 

Whenever in any legal proceedings it becomes necessary to de- 
termine the age of a child, the child may be produced for personal 
inspection, to enable the magistrate, court or jury, to determine 
the age thereby; and the court or magistrate may direct an ex- 
amination by one or more physicians, whose opinion shall also 
be competent evidence upon the question of age. A copy of the 
record of baptism of any child in any parish register, or register 
kept in a church, or by a clergyman thereof, or a crtificate of 
baptism duly authenticated by the person in charge of such 
register, or who administered said baptism, and also a transcript 
of the record of birth recorded in any bureau of vital statistics or 
board of health, duly authenticated by its secretary or under its 
seal, and the entries made in a family Bible, shall also be com- 
petent evidence upon the question of the age. 

DerlTAtiomt Penal Code, f 19, as amended L. 1884, eh. 46, § 1; L. 1888, 
eh. 145, 8 1. 

People ex rel. Zeigler y. Special Sessions (1877), 10 Hun, 224; People v. 
Cardillo, N. Y. Gen. Sees., Jan., 1883; People v. Plath (1886), 3 N. Y. Cr. 
129; People v. Stott (1886), 4 N. Y. Cr. 306; People v. Sheppard (1887), 5 
N. Y. Cr. 132, 44 Hun, 565; Stone v. Dry Dock Co. (1889), 116 N. Y. 104, 23 
N. Y. St. 651, rev'g 46 Hun, 184; People v. Ragone (1900), 64 App. Div. 498, 
67 N. Y. Supp. 23, 15 Crim. Rep. 193; Murphy v. Perlstein (1902), 73 App. 
DiT. 256, 261, 76 N. Y. Supp. 657; Hill v. Bait. & N. Y. R. Co. (1902), 76 
App. Div. 326, 328, 78 N. Y. Supp. 134; People v. Squazza (1903), 40 Misc. 
71, 81 N. Y. Supp. 264; Lafferty v. Third Ave. R. R. Co. (1903), 85 App. Div. 
599, 83 N. Y. Supp. 406; People v. Demenico (1904), 45 Misc. 309. 92 N. Y. 
Snpp. 390, 19 Crim. Rep. 8; People v. O'Brien (1908), 126 App. Div. 255, 109 
K. Y. Supp. 267 ; see also Bullock v. Babcock, 3 Wend. 391 ; People v. Kendall, 
tB W«nd. 809; Matter of Serafino, 66 How. Pr. 178; People v. Townsend, S 

167 



S 817] EVIDENCE [Ar 

Hill, 479; People t. Randolph, 2 Park, 174; People ▼. Walker, 6 Cit^ 
Reo. ia7; Stage's Case, 6 City Hall Rec. 177, Barb. Crim. Law, 262 
pie V. Davis, 1 Wheel. Cr. Cas. 230; People v. Teller, 1 Wheel. Cr. Cas 
Banks ▼. Metcalfe, 1 Wheel. Cr. Cas. 381; Godfrey v. State, 31 Ala. 
Irby T. State, 32 Ga. 490; Central R. Co. v. Coggin, 73 Ga. 689; Whai 
(3d Ed.), sec. 208; Angelo v. People, 96 111. 29, 36 Am. Rep. 132, 3 L 
Crim. Def. 123; Shinger v. State, 53 Ind. 251, 28 Eng. Rep. 616; Chee 
Congdon, 34 Mich. 296; Morrison v. Emsley, 53 Mich. 564; State y 
(Mo.), 6 West, 677; State v. Adams, 76 Mo. 355; Law v. Com., 75 Vf 
40 Am. Rep. 750; Doran v. Smith, 49 Vt. 353; Rex v. York, Foster, 70, 
sett ft Heard Lead Cas. 71 ; Wilet v. Com., 13 Bush. 230; Reg. t. Viasc 
Justice of the Peace, 260, 16 L. T. (N. S.) 240; Com. ▼. Green, ^ eick 
State ▼. Arnold, 13 Ired. 184. 



^b8 



ARTICLE 78. 

EXHIBITIONS. 

ftmoif 830. Acrobatic exhibitions. 

831. Knife throwing; shooting; life saying apparatus at bathing 

places. 

832. Contests of skill, speed or endurance; time of riding limited. 
53«s. certain exnibitions proiiibited. 

834. Prohibiting certain ezliibitions without permission of town 
authorities. 



§ 830. Acrobatic exhibitions. 

The proprietor, occupant or lessee of any place where acrooatio 
exhibitions are held, who permits any person to perform on any 
trapeze, rope, pole or other acrobatic contrivance, without net- 
work or other sufficient means of protection from falling or other 
accident, and any person who makes or attempts to make an ascen- 
sion by means of a balloon, with a trapeze or parachute attachment, 
or any other device for the purpose of making a descent from 
8uch balloon, is guilty of a misdemeanor punishable for the first 
offense by a fine of two hundred and fifty dollars, and for each 
subsequent offense by a fine of two hundred and fifty dollars and 
imprisonment not less than three months nor more than one year. 

DeriTAtioms Penal Code, i 384, amended L. 1892, oh. 268, 8 1. 

People V. Loehner (1904), 177 N. Y. 174, aff'g 73 App. Dir. 120, 7« N. Y. 
Supp. 396, 16 N. Y. Cr. 526; People v. Schermerhorn (1908), 69 Misc. 149, 
112 N. Y. Supp. 222. 

§ 831. Knife throwing; ihooting; life saving apparatus at 
bathing places. 

A person who: 

1. Being lessee or occupant of any place of amusement, or any 
plot of ground or building, uses it or allows it to be used for the 
exhibition of skill, in throwing any sharp instrument at or toward 
any human being; or, 

2. Aims or discharges any bow-gun, pistol or fire-arm of any 
description whatever, or allows one to be aimed or disoharged at or 
towards any hmnan being ; or. 

169 



§§ 832-834] EXHIBITIONS [Art. 78 

3. Being owner, lessee, proprietor or manager of any surf-bath- 
ing place, neglects at any time during the bathing season to 
maintain surf or life-boats, or other life saving apparatus, duly 
equipped and manned in the manner and to the extent prescribed 
.by law. 

Is guilty of a misdemeanor. 

DerlTAtiont Penal Code, $ 427. 

§ 832. Contests of skill, speed or endurance; time of riding 
limited. 

In a bicycle race, or other contest of skill, speed or endurance, 
wherein one or more persons shall be a contestant or contestants, 
it shall be unlawful for any contestant to continue in such race or 
contest for a longer time than twelve hours during any twenty- 
four hours. The proprietor, occupant or lessee of the place 
where such race or contest takes place, consenting to, allowing 
or permitting any violation of the foregoing provisions of this 
section is guilty of a misdemeanor. The manager or superin- 
tendent of such race or contest consenting to, permitting or allow- 
ing any violation of the provisions of the first sentence of this 
section is guilty of a misdemeanor. 

BeriTAtlomt Penal Code, i 383a, added L. 1800, ch. 316, 8 1. 

§ 833. Certain exhibitions prohibited. 

No person shall exhibit or perform for gain or profit, any 
puppetrshow, any wire or rope-dance, or any other idle shows, acts 
or feats which conmion showmen, mountebanks or jugglers usually 
practice or perform ; and no owner or occupant of any house, out- 
house, yard, field, shed or other place, shall furnish or allow the 
same to be used for the accommodation of such exhibition or per- 
formance. Whoever shall offend against either of these pro- 
visions, shall forfeit twenty-five dollars for each offense, to be 
recovered by and in the name of the overseers of the poor of the 
town where the offense shall be committed. 

DeHTAtlon: K. S., pt. 1, cb. 20, tit. 8, 8 1. 

§ 834. Prohibiting certain exhibitions without permission of 
town authorities. 

The penalties in the preceding section shall also apply to and be 

170 



Art. 78] EXHIBITIONS [§ 834 

reoovered of any person who shall exhibit for gain or profit any 
painting any animal or other natural or artifioial ouriosity, or 
anj other thing not prohibited in the foregoing section, in any 
town, without having first obtained permission in writing for that 
purpose, signed by two justices of the peace of the town, in which 
license the nature of such exhibition shall be described, and for 
the granting of which no fee or reward shall be taken. 

DwiTAtiimi tk. b^ pt 1, ch. 20, tit 8» § 2. 



171 



§§ 850-851] EXTORTION AND THREATS [Art 80 

ARTICLE 80. 

EXTORTION AND THREATS. 

Section 850. Extortion defined. 

851. What threats may constitute extortion. 

852. Punishment; of extortion. 

853. Compulsion to execute instrument. 

854. Extortion committed under color of official right. 

855. Public officer taking illegal fees cbmanit« extortion. 

856. Blackmail. 

857. Attempts to extort money or property by verbal threats. 

858. Threat referring to act of third person. 

859. Rule as to per&on acting under threats. 

860. Intimidating public officer or a person authorized to determine 

a controversy. 

861. Agreements or contracts for privileges to deal with occupants of 

tenements or apartment houses. 

§ 850. Extortion defined. 

Extortion is the obtaining of property from another, or the obtaining 
the property of a corporation from an officer, agent or employee thereof, 
with his consent, induced by a wrongful use of force or fear, or under 
color of official right. (Amended by L. 1917, ch. 518, in effect Sept. 
1, lf)ir.) 

DeriTation: Penal Code, § 652. 

People V. Wilzig (1886), 4 N. Y. Cr. 403; People v. Barondesa (1891), 
133 N. Y. 649, rev*g 61 Hun, 571, 16 N. Y. Supp. 436; People v. Gardner 
(1894), 144 N. Y. 119, modTg 73 Hun, 66. 25 N. Y. Supp. 1072; People v. 
Jnckson (1905), 47 Misc. 60, 95 N. Y. Supp. 286; People v. Jaffe (1906), 
185 N. Y. 497; 19 N. Y. Cr. 283, rcv'g 112 App. Div. 521, 98 N. Y. Supp. 486; 
People V. Weinseimer (1907), 117 App. Div. 604, 102 N. Y. Supp. 679. 

§ 851. What threats may constitute extortion. 

Fear, such as will constitute extortion, may be induced by an oral or 
written threat: 

1. To do an unlawful injury to the person or property of the indi- 
vidual threatened, or to any relative of his or to any member of his 
family or to a corporation of which he shall be an officer, stockholder, 
employee or agent; or, 

2. To accuse him, or any relative of his or any member of his family, 
of any crime ; or, 

3. To expose, or impute to him, or any of them, any deformity or 
disgrace ; or, 

4. To expose any secret affecting him or any of them ; or, 

5. To kidnap him or any relative of his or member of his family ; or, 

6. To injure his person or property or that of .any relative of his or 
member of his familv by the use of weapons or explosives. (Amended 
bv L. 1011, chs. 121 and 602; L. 1917, ch. 518, in effect Sept. 1, 

ibir.) 

Derivation: Ponal Code, § 553. 

People V. Jaffe (1906), 185 N. Y. 497. 19 N. Y. Cr. 283, rev'g 112 App. Div. 
621. 98 N Y. Supp. 4S0: People v. Weinseim<r (1907), 117 App. Div. 604, 102 
K Y. Rui '). 579, £0 X. Y. Cr. 539. 

172 



Art 80] EXTORTION AND THREATS [§§ 852-855 

§ 852. Punishment of extortion. 

A person who extorts any money or other property from another, 
under circumstances not amounting to robbery, is punishable by im- 
prisonment not exceeding fifteen years, if the same is done by means of 
force or a threat mentioned in section eight hundred and fifty or in 
cither of the first four subdivisions of section eight hundred and fifty- 
one, and by imprisonment for not less than five years nor more than 
twenty years if the same is done by means of a threat mentioned in 
subdivisions five or six of the latter section. (Amended by L. 1909, 

ch. 368; L. 1911, ch. 602, in effect Sept. 1, 1911.) 

DeriTAtion: Penal Code, § 554. 

People V. Hughe* (1893), 137 N. Y. 30, aflTg 46 N. Y. S. Rep. 413, 19 N. 
Y. S. 550; People v. Borge8, 6 Abb. Pr. 132. 

§ 853. Compulsion to execute instnunent. 

The compelling or inducing of another, by such force or threat, to 

make, subscribe, seal, execute, alter or destroy any valuable security, or 

instrument or writing affecting or intended to affect any cause of action 

or defense or any property is an extortion of property within the last 

two sections. 
DeriTfttiomt Penal Code, § 555, amended L. 1882, ch. 384, § 1. 

§ 854. Extortion committed under color of official right. 
A public officer, or a person pretending to be such, who, unlawfully 
and maliciously, under pretense or color of official authority : 

1. Arrests another, or detains him agaiust his will ; or, 

2. Seizes or levies upon another's property ; or, 

3. Dispossesses anotlier of any lands or tenements; or, 

4. Does any other act, wliereby another person is injured in his per- 
son, property, or rights. 

Commits oppression and is guilty of a misdemeanor. 

DeriTationt Penal Cod«, § 556. 

People V. Jefferey (1894), 82 Hun, 400, 31 N. Y. Supp. 267; People ex rel. 
Devery v. Jerome (1901), 36 Misc. 259, 73 N. Y. Supp. 306; People v. Sum- 
mers (1903), 40 Miac. 384. 17 N. Y. Cr. 321, 82 N. Y. Supp. 297; Hale v. 
Burns (1906), 101 App. Div. 107, 91 N. Y. Supp. 929; People v. Jackson 
(1005), 47 Misc. 60, 95 N. Y. Supp. 286: Mc<3orie v. McAdoo (1906), 40 Miso. 
603, 99 N. Y. Supp. 1107; Delaney v. Flood (1906), 183 N. Y. 329, rev»g 106 
App. Div. 642, 94 N. Y. Supp. 1143: Eden Musee Co. v. Bing-ham (1908), 125 
App. Div. 783, 110 N. Y. Supp. 210: Fairmont Athletic Club v. Bingham 
(1908), 61 Misc. 423; People ex rel. Reardon v. Flvnn (1908), 58 Misc. 623, 
HI N. Y. Supp. 1065. 

§ 855. Public officer taking illegal fees commits extortion. 
A public officer who asks, or receives, or agrees to receive, a fee or 
other compensation for his official service : 

1. In excess of the fee or compensation allowed to him by statute 
therefor ; or, 

2. Wliere no fee or compensation is allowed to him by statute 
therefor, 

Commits extortion and is ^ilty of a misdemeanor. 

DeriTationt Penal Code, § 557. 

173. 



§§ 856-859] EXTORTION AND THREATS [Art 80 

§ 856. (Am'd, 1909.) Blackmail. 

A person who, knowing the contents thereof, and with intent, by 
means thereof, to extort or gain any money or other property, or to do, 
abet, or procure any illegal or wrongful act, sends, delivers, or in any 
nmnner causes to be forwarded or received, or makes and parts with for 
tlie purpose that there may be sent or delivered, any letter or writing, 
threatening: 

1. To accuse any person of a crime; or, 

2. To do any injury to any person or to any property; or, 

3. To publish or connive at publishing any libel ; or, 

4. To expose or impute to any person any deformity or disgrace, 
Is punishable by imprisonment for not more than fifteen years. 

DerlTation: Penal Code, § 558. Amended by L. 1909, oh. 368. In effect 
Sept. 1, 1000. 

People V. Thompson (1884), 97 N. Y. 313. 2 N. Y. Cr. 526; People v. Wight- 
man (1887), 104 N. Y. 508, aff'g 43 Hun, 358: People v. Gillian (1889), 115 
N. Y. 643, aff'g 50 Hun, 37, 2 N. Y. Supp. 476; People v. Eichler (1804), 75 
Hun, 26, 26 N. Y. Supp. 908; People v. Wickes (1006), 112 App. Div. 30, 08 
N. Y. Supp. 163, 20 Crim. Rep. 23; People v. Triscoli (1007), 117 App. Div. 
120, 102 N. Y. Supp. 328, 21 Crim. Rep. 1; see also People v. Lovilesa, 84 N. 
Y. Supp. 1115; Eclsall v. Brooks, 17 Abb. Pr. 226; People v. Griffin, 2 Barb. 427. 

§ 857. Attempts to extort money or property by oral 
threats. 

A person who, under circumstances not amounting to robbery, or an 
attempt at robbery, with intent to extort or gain any money or otlier 
property, orally makes such a threat as would be criminal under any 
of the foregoing sections of this article or of section five hundred and 
fifty-one, if made or communicated in writing, is guilty of a misde- 
meanor. The provisions of this section do not apply to matters gov- 
erned bv section eight hundred and fifty one of this act. (Amended 
by L. 1911, ch. 121. In effect Sept. 1, 1911.) 

'^Derivation: Penal Code, § 560. 

§ 858. Threat referring to act of third person. 

It is immaterial whether a threat, made as specified in the foregoing 
sections of this article, and in section five hundred and fifty-one, is of 
things to be done or omitted by the offender, or by any other person. 

Derivation: Penal Code, § 561. 

People V. Weinseimer (1907), 117 App. Div. 605, 102 N. Y. Supp. 679, 20 
Crim. Rep. 639. 

§ 859. Rule as to persons acting under threats. 

Where a crime is committed or participated in by two or more per- 
sons, and is committed, aided, or participated in by any one of them, 
only because, during the time of its commission, he is compelled to do, 
or to aid or participate in the act, by threats of another person engaged 
in the act or omission, and reasonable apprehension on his part of 
instant death or grievous bodily harm, in case he refuses, the threats 
and apprehension constitute duress, and excuse him. 

Derivation: Penal Code, § 25. 

174 



Art. 80] EXTORTION AXD THREATS [§§ 860, 861 

§ 860. Intimidating public officer or a person authorized to 
determine a controversy. 

A person who directly or indirectly addresses any threat or intimi- 
dation to a public officer, or to a juror, referee, arbitrator, appraiser, 
or assessor, or to any other person, authorized by law to hear or de- 
termine any controversy or matter, with intent to induce him, contrary 
to his duty, to do or make, or to omit or delay, any act, decision or 
determination, is guilty of a misdemeanor. 

DeriTatioii: Penal Code, § 127. 

Smith V. BoteRS, 13 N. Y. Supp. 223; Matter of Tyler, 71 Cal. 361. 

§ 861. Agreements or contracts for privileges to deal with 
occupants of tenements or apartment houses. 

1. A contract, agreement or arrangement entered into or executed by 
and between the owner of an apartment house or a tenement, or any of 
his agents, employees or servants and a dealer in or seller of fuel, ice or 
fqod, or his agents, employees, or representatives for the purpose of 
giving to such dealer or seller tlie privilege of selling or delivering fuel, 
ice or food, to the persons occupying such apartment house or tenement 
is against public policy and void. 

2. Any person who shall, directly or indirectly, either as the owner 
of such apartment house or tenement, or as an agent, employee or ser- 
vant of such owner, accept any money, property or thing of value for 
permitting or giving to any person, or his agents, employees or repre- 
sentatives, the privilege of selling or delivering fuel, ice or food, to tlie 
persons occupying such apartment house or tenement, and any person 
wl:o shall, directly or indirectly, either as a seller of, or dealer in, fuel, 
ice or food, as an agent, employee, or representative of such seller or 
dealor, pay or give any money, property or thing of value, for such 
privilege shall be guilty of a misdemeanor, and upon conviction shall 
be punished by a fine of not less than ten nor more than one hundred 
dollars, or by imprisonment for not less than thirty days nor more 
than one year, or by both such fine and imprisonment in the discretion 
of tlie court. If a corporation is convicted of a violation of this section, 
it shall be punished by a fine of not less than fifty nor more than one 
thousand dollars. 

3. A person occupying an apartment house or tenement, to whom 
fuel, ice or food, shall be sold or delivered by a seller or dealer who has 
paid or given any money, property or thing of value for the privilege 
of selling or delivering fuel, ice or food, to the persons occupying such 
apartment house or tenement, may recover of such seller or dealer for 
hia benefit a penalty, in the sum of two hundred and fifty dollars, in a 
civil action brought in a court of competent jurisdiction. (Added by 
L 1917, eh. 702, in effect June 1, 1917.) 



175 



§^ 870-871] FE&RIES iJixt M 



ARTICLE or 



Aonoif 870. F«rri6S. 

871. Penalty for neglect to poet eehednle of ferry 

§ 870. Ferries. 
A person who: 

1. Maintains a ferry for profit or hire upon any of the Traterv 
of this state without authority of law ; or, 

2. Having entered into a recognizance to keep or maintain a 
ferry, violates the oondition of such recognizance, 

Ic guilty of a misdemeanor. 

Where such ferry is upon waters dividing two counties, the 
offender may be prosecuted in either county. 

DerlTAtioa: Penal Code, I 416, amended L. 1802, eh. 602, § 1. 

Aikin v. Bailroad Co. (1850), 20 N. Y. 370; Mayor, etc., v. Starin (1887), 
106 N. Y. 1; People v. Mago (1803), 60 Hun, 660, 23 N. Y. Supp. 088; People 
y. Babcock, 11 Wend. 687. 

§ 871. Penalty for neglect to post schedule of ferry rates. 

A person, corporation or association operating any ferry in this 
state, or between this state and any other state, operating from or to 
a city of five hundred thousand inhabitants or over, posting a false 
schedule of ferry rates, or neglecting to post in a conspicuous and 
accessible place in each of its ferry-houses, in plain view of the 
passengers, a schedule, plainly printed in the English language, of 
the rates of ferriage charged thereon and authorized by law to be 
charged for ferriage over such ferry, is guilty of a misdemeanor. 

Derivatioiit Penal Code, § 415a, added L. 1893, oh. 692, § 2. 

§ 872. Motor vehicles on ferryboats. 

A chauffeur or operator in charge of a motor vehicle, who leaves 
it unattended at any time when it is being carried on any ferry- 
boat operating in this state, or between this state and another state, 
and from or to a city of five hundred thousand inhabitants or over, 
is guilty of a misdemeanor. Within the meaning of this section, 
a motor vehicle is left unattended unless such chauffeur or operator 
in charge is on or immediately near such motor vehicle and at a 
place which affords easy and immediate access to the operating, 
gnidin^ and braking appliances (Added by L. 1917, ch. 173, in 
effect June 1, 1917.) 

17a 



Art. 84J PORGERY [% 880 



ARTICLE 84. 



Bbotioh 880. Definitions. 

881. Uttering forged inBtruments ii forgeiy. 

882. Falsely indicating person as corporate oflloer. 

883. Uttering writing signed with wrong-doer's naoMi 

884. Forgery m first degree. 

886. False certificate to certain instruments is forgwj. 

886. Punishment for forgery in first degree. 

887. Forgery in second degree. 

888. Punishment for forgery in second degree. 

880. Forgery in third degree. 

880. Officer of corporation selling fraudulent shartt. 

801. Forging passage tickets. 

802. Forging United States or state stamps. 

803. Punishment for forgery in third degree. 

804. Having possession of counterfeit coin. 

805. Advertising counterfeit money and stamps. 

§ 880. Definitions. 

Tenns forge, forged and forging. — The expressiong "forge/* 
" forged " and " forging," as used in this article, include false 
making, counterfeiting and the alteration, erasure, or obliteration 
of a genuine instrument, in whole or in part, the false making or 
counterfeiting of the signature, of a party or witness, and the 
placing or connecting together with intent to defraud different 
parts of several genuine instruments. 

Definition of written instrument. — An instrument partly writ- 
ten and partly printed, or wholly printed with a written signature 
thereto, and any signature or writing purporting to be a signature 
of, or intended to bind an individual, a partnership, a corpo- 
ration or association or an officer thereof, is a written instrument 
or a writing, within the provisions of this article. 

DerlTaticMit Penal Code, §§ 513, 520. 

People ▼. Underbill (1894), 142 N. Y. 38, rev'g 75 Hun, 329, 26 N. Y. Supp. 
1080; People ▼. Drayton (1899), 41 App. Div. 40, 68 N. Y. Supp. 439, reVd 
IM K. T. 10; Harden v. Dorthy (1899), 160 N. Y. 39, arg 12 App. Div. 
188, 42 N. T. Supp. 827; People v. Mingey (1907), 118 App. DVv, ^^%, VSi 
N. 7. Sigip, Mr, 2i Crim. Rep. 110. 

177 



S§ 881-883J FORGERY [Art 84 

§ 881. Uttering forged instruments is forgery. 

A person who, knowing the same to be forged or altered, and 
with intent to defraud, utters, oflFers, disposes of or puts off as true, 
or has in his possession, with intent so to utter, offer, dispose of, or 
put off: 

1. A forged seal or plate, or any impression of either ; or, 

2. A forged coin ; or, 

3. A forged will, deed, certificate, indorsement, record, instru- 
ment or writing, or other thing, the false making, forging, or 
altering of which is punishable as forgery, 

Is guilty of forgery in the same degree as if he had forged the 
same. 

DtsriTAtiont Penal Code, § 521. 

People V. Martin (1885), 36 Hun, 462, 3 N. Y. Cr, 122; People v. Adl«r 
(1893), 140 N. Y. 331, aff'g 53 N. Y. S. R. 936, 25 N. Y. Supp. 1182; People 
V. Wiman (1894), 9 Misc. 441, 29 N. Y. Supp. 1034, 85 Hun, 320, 32 N. Y. 
Supp. 1037, 148 N. Y. 29; People v. Underbill (1894), 142 N. Y. 38, 9 N. Y. 
Cr. 172, rev'g 75 Hun, 329, 26 N. Y. Supp. 1030; People v. Altman (1895), 
147 N. Y. 473, rev'g 86 Hun, 568, 33 N. Y. Supp. 905; Marden v. Dorthy 
(1899), 160 N. Y. 56, aff'g 12 App. Div. 188, 42 N. Y. Supp. 827; People v. 
Alderdice (1907), 120 App. Div. 368; People v. Browne (1907), 103 N. Y. 
Supp. 903, 118 A-pp. Div. 793, 21 N. Y. Cr. 93; People v. Mingey (1907), 118 
App. Div. 652, 103 N. Y. Supp. 627, 21 N. Y. Cr. 110; see also People v. 
Camp, 17 N. Y. Supp. 396; Paige v. People, 3 Abb. Dec. 439, 3 Park, 683; 
Watson V. People, 64 Barb. L'lO; People v. Caton, 25 Mich. 392; Smith ▼. 
State, 20 Nebr. 284, 57 Am. Rep. 832. 

§ 882. Falsely indicating person as corporate officer. 

The false making or forging of an instrument or writing, pur- 
porting to have been issued by or in behalf of a corporation or 
association, state or government, and bearing the pretended sig- 
nature of any person, therein falsely indicated as an agent or officer 
of such corporation, is forgery in the same degree, as if that person 
were in truth such officer or agent of the corporation or associa- 
tion, state or government. 

DerlTAtioiit Penal Code, $ 519. 

Manhattan Life Ins. Co. v. Railroad Co. (1893), 139 N. Y. 149. 

§ 883. Uttering writing signed with wrong-doer's name. 

Whenever the false making or uttering of any instrument or 

writing is forgery in any degree, a person is guilty of forgery in tlie 

MUDe degree, who, vnih intent to defraud, offers, disposes o^ or 

17m 



Alt. 84] FORGERY [§ 884 

puts off such an instrument or writing subscribed or indorsed in 
his own name, or that of any other person, whether such signature 
be genuine or fictitious, under the pretense that such subscription 
or indorsement is the act of another person of the same name, or of 
a person not in existence. 

DerlTAtlont Penal Code, § 522. 

Manhattan Life Ins. Co. y. Railroad Co. (1893), 139 N. Y. 149; Third Nat. 
Bank t. Merchants' Nat. Bank (1894), 76 Hun, 475, 27 N. Y. Supp. 1070; 
People V. Browne (1907), 118 App. Div. 799, 103 N. Y. Supp. 903, 21 N. Y. 
Ct. 93. 

§ 884. Forgery in first degree. 

A person is guilty of forgery in the first degree who with intent 
to defraud, forges: 

1. A will or codicil of real or personal property, or the attesta- 
tion thereof, or a deed or other instrument, being or purporting 
to be the act of another, by which any right or interest in prop- 
erty is or purports to be transferred, conveyed, or in any way 
charged or affected; or, 

2. A certificate of the acknowledgment or proof of a will, codi- 
cil, deed, or other instrument, which by law may be recorded or 
given in evidence when duly proved or acknowledged, made or 
purporting to have been made by a court or oflicer duly authorized 
to make such a certificate; or, 

3. A certificate, bond, paper writing, or other public security, 
issued or purporting to have been issued by or under the authority 
of this state, or of the United States, or of any other state or 
territory of the United States, or of any foreign government, 
country or state, or by any oflicer thereof in his official capacity, 
by which the payment of money is promised absolutely or upon 
any contingency, or the receipt of any money or property is ac- 
knowledged, or being or purporting to be evidence of any debt 
or liability, either absolute or contingent, issued or purporting 
to have been issued by lawful authority ; or, 

4. An indorsement or other instrument, transferring or pur- 
porting to transfer the right or interest of any holder of such a 
certificate, obligation, public security, evidence of debt or lia- 
bUity, or of any person entitled to such right or interest; or, 

5. A certificate of stock, bond or other writing, bank note, 
bin of exchange, draft, check, certificate of deposit, or ol\i^T ^ 
]ig»tiao or evidence of debt, issued or purporting to \)^ \asvsAl 

179 



§ 884] FORGERY [Art 84 

bj any bank, banking aBSociation or body corporate existing under 
the laws of fhis state, or of the United States, or of any other 
state, government, or country, declaring or purporting to declare 
any right, title or interest of any person in any portion of the 
capital stock, or property of such a body corporate^ or promising 
or purporting to promise or agree to the payment of money, or the 
performance of any act, duty, or obligation ; or, 

6. An indorsement or other writing, transferring or purport- 
ing to transfer the right or interest of any holder of such a cer- 
tificate, bond, or writing obligatory, or of any person entitled to 
such right or interest. 

DerlTAtiont Penal Code, § 509. 

People V. Corbin (1874), 66 N. Y. 363; Kerraina v. People (1876), 60 N. Y. 
221, 19 Am. Rep. 158; Brown v. People (1876), 8 Hun, 662, afTd 72 N. Y. 
671; Mann v. People (1878), 15 Hun, 155, aff*g 75 N. Y. 486; Mayer v. Peo- 
ple (1880), 80 N. Y. 364; People v. D'Argencour (1884), 95 N. Y. 624, 628, 
2 N. Y. Cr. 267; People v. Dewey (1885), 35 Hun, 308; People v. Brie (1887), 
43 Hun, 317, aff'd 105 N. Y. 618; People v. Everhardt (1887), 104 N. Y. 691, 
6 N. Y. Cr. 232, aff'd 6 N. Y. Cr. Rep. 91, 25 W. Dig. 300; People v. De Kroyft 
(1888), 49 Hun, 71, 76, 1 N. Y. Supp. 692; People v. Altman (1895), 147 N. 
Y. 473, rev'g 86 Hun, 568, 33 N. Y. Supp. 905; People v. Wiman (1896), 148 
N. Y. 29, 12 N. Y. Cr. 77, aff'd 85 Hun, 320, 32 N. Y. Supp. 1037; People v. 
Drayton (1901), 168 N. Y. 12, 14 N. Y. Cr. 141, rev'g 41 App. Div. 40, 68 N. 
Y. Supp. 439; People v. Filkin (1903), 83 App. Div. 689, 82 N. Y. Supp. 15, 
17 N. Y. Cr. 348; People v. Weaver (1903), 177 N. Y. 434, rev'g 81 App. Div. 
567, 81 N. Y. Supp. 519; People v. Alderdice (1907), 120 App. Div. 368; 
People V. Colmey (1907), 188 N. Y. 573, aff'g 116 App. Div. 516, 101 N. Y. 
Supp. 1016; People v. Browne (1907), 118 App. Div. 799, 103 N. Y. Supp. 
903; see also Billings v. State, 107 Ind. 54, 57 Am. Rep. 77; Bough v. People, 

1 Week. Dig. 182; Conner's Case, 3 City Hall Rec. 59; People v. Flanders, 18 
Johns. 163; People v. Harrison, 8 Barb. 560; People v. Jones, 27 N. Y. Week. 
Dig. 222; Paige v. People, 3 Abb. Doc. 430, 488, 6 Park, 683; People v. Pea- 
cock, 6 Cow. 72; People v. Stearns, 21 Wend. 409; Vincent v. People, 5 Park, 
88; State v. Wheeler, 43 Alb. L. J. 257; Rex v. Arscott, 6 Car. k Payne, 408, 

2 Bish. Cr. Law (7th ed.), and sec. 582, 2 Whart. Cr. Law (7th ed.), sec. 
1432, 2 Arch. Crim. Pr. & PI. (7th ed.), 819, Pomeroy's ed. of Arch., vol. 2, 
p. 1584; Abbott v. Rose, 62 Me. 194; Com. v. Baldwin, 11 Gray, 197; Barton 
V. State, 23 Wis. 587; State v. Benham, 7 Com. 414; People v. Blake, 65 Cal. 
275; Heilbronner's Case, 1 Park, 149; U. S. v. Long, 30 Fed. 678; Com. v. 
McDonald, 5 Cush. 365; State v. McKiernan, 17 Nev. 228; Rex v. Story, 
Russ k Ryan, 81 ; Queen v. White, 1 Den. Cr. Cas. 208, 2 Cox Cr. Cm. 210, 2 
C. & K. 404; Withaup v. United States, 127 Fed. 632; State v Young, 46 N. 
H. 266. 



180 



Art. Mj j;uiWi±iUi LSS ooo-oo. 

§ 885. False certificate to certain instruments is forgery. 

An officer authorized to take the proof or acknowledgment of 
in instrument which by law may be recorded, who wilfully certifies 
falsely that the execution of such an instrument was ccknowledged 
bj any party thereto, or that the execution of any such instrument 
was proved, is guilty of forgery in the first degree. 

D«riTatioat Penal Code, I 610. 

People V. Hayes (1893), 24 N. Y. 201, 70 Hun, 111, 24 N. Y. Supp. 194; 
Albany County Savings Bank v. McCarty (1896), 149 N. Y. 82, rev'g 71 Hun, 
227, 24 N. Y. Supp. 991; Marden v. Dorthy (1899), 160 N. Y. 66, aTg 12 
App. Div. 188, 42 N. Y. Supp. 827. 

§ 886. Punishment for forgery in first degree. 

Forgery in the first d^ree is punishable by imprisonment for a 
term not exceeding twenty years. 

D«riTAtioat Penal Code, | 623, amended L. 1892, ch. 662, § 14. 

§ 887. Forgery in second degree. 

A person is guilty of forgery in the second degree who, with in« 
toit to defraud: 

1. Forges the great or privy seal of this state, the seal of any 
eourt of record, or of any public office or officer authorized by law, 
or of any body corporate created by or existing under the laws of 
this state, or of the United States, or of any other state or any 
territory of the United States, or of any other state, government, 
or country, or any impression of such a seal ; or any gold or silver 
coin, whether of the United States, or of any foreign state, gov- 
erament or oountry; or, 

2. Forges a record of a will, conveyance, or instrument of any 
kind, the record of which is by the law of this state made evi- 
d^ce, or of any judgment, order, or decree of any court of 
officer, or a certified or authenticated copy thereof ; or, 

A judgment roll, judgment, order, or decree of any court or 
(fficer, or an enrollment thereof, or a certified or authenticated 
copy thereof, or any document or writing purporting to be audi 
judjgrment, order, decree, enrollment, or copy; or, 

An entry made in any book of record or accounts, kept by or 
'D the office of any officer of this state, or of any villas, city, 
town, or county of the state, by which any demand, claim, oWi- 
gition, or interest, in favor of or against the people of the state, 

181 



§ 887] FORGERY [Art. 84 

©r any city, village, town or county, or any officer thereof, is or 
purports to be created, increased, diminished, discharged, or in 
any manner affected; or an entry made in any book of records 
or accounts kept by a corporation doing business within the state, 
or in any account kept by such a corporation, whereby any pe- 
cuniary obligation, claim, or credit is or purports to be created, 
increased, diminished, discharged, or in any manner affected ; or, 

An instrument, document, or writing, being or purporting to 
be, a process or mandate issued by a competent court, magistrate, 
or officer of the state, or the return of an officer, court or tribunal, 
to such a process or mandate; or a bond, recognizance, under- 
taking, pleading, or proceeding, filed or entered in any court of 
the state, or a certificate, order or allowance by a competent court, 
or officer, or a license or authority granted pursuant to any stat- 
ute of the state or a certificate, document, instrument, or writing, 
made evidence by any law or statute; or. 

An instrument or writing, being or purporting to be the act of 
another, by which a pecuniary demand or obligation is or pur- 
ports to be or to have been created, increased, discharged, or 
diminished, or in any manner affected, or by which any rights 
or property whatever are or purport to be or to have been created, 
transferred, conveyed, discharged, increased, or diminished, or 
in any manner affected, the punishment for forging, altering, or 
counterfeiting which is not hereinbefore prescribed, by which 
false making, forging, altering, or counterfeiting, any person may 
be bound, affected or in any way injured in his person or prop- 
erty; or, 

3. Makes or engraves a plate in the form or similitude of a 
promissory note, bill of exchange, bank note, draft, check, cer- 
tificate of deposit, or other evidence of debt, issued by a banker, 
or by any banking corporation or association, incorporated or 
carrying on business under the laws of the state, or of the United 
States, or of any other state or territory of the United States, or 
of any foreign government, or country, without the authority of 
such banker, or banking corporation or association; or. 

Without like authority, has in his possession or custody such a 
plate, with intent to use, or permit the same to be used, for the 
purpose of taking therefrom any impression to be uttered ; op, 

Without like authority, has in his possession or custody any 
impression taken from such a plate, with intent to have the same 
£l}ed up and eompleted for the purpose of being uttered ; op, 

182 



Irt 84] FORGERY [§§ 888-889 

Makes or engraves, or causes to be made or engraved, upon any 
)lat6y any figures or words, with intent that the same may be 
ised for the purpose of falsely altering any evidence of debt here- 
nbefore mentioned. 

A plate, specified in this section, is in thj form and similitude 
>f the genuine instrument imitated, if the finished parts of the 
ngraving thereupon resemble and conform to similar parts of the 
^uine instruments. 

DcriTmtioax Penal Code, §9 511, 512. 

Grmvcs v. American Exchange Bank (1858), 17 N. Y. 205; Noakes v. Peo- 
ple (1862), 25 N. Y. 380, aflTg 5 Park, 291; People v. Clements (1863), 26 
K. Y. 194; Miller v. People (1873), 62 N. Y. 304, 11 Am. Rep. 706; Rose- 
krans v. People (1874), 3 Hun, 287; Parmelee v. People (1876), 8 Hun, 623; 
People V. Mann (1878), 75 N. Y. 484, 31 Am. Rep. 482, 19 Alb. L. J. 28; 
People V. D'Argencour (1884), 32 Hun, 178, aff*d 95 N. Y. 624; People v. 
Dewej (1885), 35 Hun, 308; People v. Elmore (1885), 3 N. Y. Cr. 264; Peo- 
ple V. Wheeler (1888), 47 Hun, 484; People v. Reinitz (1880), 7 N. Y. Cr. 
71, 6 K. Y. Supp. 672; People v. Tower (1892), 135 N. Y. 457; People v. 
Adler (1893), 140 N. Y. 331, aff'g 53 N. Y. S. R. 936, 25 N. Y. Supp. 1132; 
People ▼. Altman (1895), 147 N. Y. 473, rev'g 86 Hun, 568, 33 N. Y. Supp. 
905; People v. Wiman (1895), 148 N. Y. 129, 12 N. Y. Cr. 77; People v. 
Oishei (1897), 20 Misc. 163, 45 N. Y. Supp. 49, 12 N. Y. Cr. 362; People v. 
}ifershon (1899), 43 App. Div. 541, 60 N. Y. Supp. 115; Matter of Van Orden 
a900), 32 Misc. 215, 65 N. Y. Supp. 720, 15 N. Y. Cr. 79; People v. Hertz 
(1901), 35 Misc. 177, 71 N. Y. Supp. 489; People v. Martin (1902), 38 Misc. 
67, 76 N. Y. Supp. 953; People v. Weaver (1903), 177 N. Y. 434, 18 Crim. 
Rep. 187, rev'g 81 App. Div. 567, 81 N. Y. Supp. 519; People v. Herzog 
(1905), 47 Misc. 50, 93 N. Y. Supp. 357, 19 Crim. Rep. 375; People v. Gian- 
fecchio (1907), 188 N. Y. 661, aff'g 113 App. Div. 903, 98 N. Y. Supp. 1110; 
People V, Mingej (1907), 118 App. Div. 652, 103 N. Y. Supp. 627, 21 Crim. 
Rep. 110; see also People v. Farrington, 14 Johns. 348; People v. Graham, 
1 Buff. Super. Ct. 151, 6 Park, 135; Harris v. People, 9 Barb. 664; Jklartin's 
Case, 6 City Hall Rec. 27; People v. Osmer, 4 Park, 244; People v. Peacock, 
eCow. 72; Quinn's Case, 6 City Hall Rec. 63; People v. Shaw, 5 Johns. 236; 
Bute V. Covington, 94 N. C. 913, 55 Am. Rep. 650; Montgomery v. State, 12 
Tex. App. 323. 

§ 888. Punishment for forgery in second degree. 

Forgery in the second degree is punishable by imprisonment for 
t term not exceeding ten years. 

DeriTAtion: Penal Code, § 524, amended L. 1892, eh. 662, 9 15. 

§ 889. Forgery in third degree. 

A person ^o: 

1. Beinir an officer or in the e/nployment of a corpoialloTi aai^cy 

183 



§ 869] FORGERY [Art. &•! 

elation, partnership or individuals falsifies, or unlawfully and oor- 
ruptly alters, erases, obliterates or destroys any accounts, books of 
accounts, records, or other writing, belonging to or appertaining to 
the business of the coi*poration, association or partnership or indi- 
viduals; or, 

2. With intent to injure or defraud, shall falsely make, alter, 
forge or counterfeit, or shall cause, aid, abet, assist or other- 
wise connive at, or be a party to the making, altering, forging or 
counterfeiting, of any letter, telegram, or other written communi- 
cation, paper, or instrument by which making, altering, forging 
or counterfeiting, any other person shall be in any manner injured 
in his good name, standing, position or general reputation ; or, 

3. Shall alter, or shall cause, aid, abet, ol otherwise connive 
at, or be a party to the uttering of any letter, telegram, report 
or other written communication, paper or instrument purporting 
to have been written or signed by another person, or any paper pur- 
porting to be a copy of any such pap^r or \vriting where no 
original existed, which said letter, telegram, report or other writ- 
ten communication, paper or instrument, or paper purporting to 
be a copy thereof, as aforesaid, the person uttering the same shall 
know to be false, forged or counterfeited, and by the uttering of 
which the sentiments, opinions, conduct, character, prospects, in- 
terests or rights of such other person shall be misrepresented or 
otherwise injuriously aflfected ; or, 

4. With intent to defraud, shall forge, counterfeit or falsely 
alter and wrongfully utter any ticket, contract or other paper, or 
writing entitling, or purporting to entitle, the person whose name 
appears therein, or the holder or bearer thereof, to entrance upon 
the grounds or premises of any membership corporation, or being 
thereupon, to remain upon such grounds or premises; or, with 
like intent, shall use any such ticket, contract or other paper or 
writing, to eflfect an entrance or as evidence of his right to remain 
upon such grounds or premises ; or, with like intent, shall sell, ex- 
change or deliver, or keep or oflFer for sale, exchange or delivery, 
or receive upon any purchase, exchange or delivery, any such 
ticket, contract or other paper or writing, knowing the same ta 
have been forged, counterfeited or falsely altered. 

Is guilty of forgery in the third degree. 

A person who, with intent to defraud or to conceal any larceny 
or misappropriation by any person of any money or prope(rty: 
1. Alters, erases, obliterates, or destroys an account, book of 

1B4 



Art. 84] FORGERY [§ 890 

accounts^ record, or writing, belonging to, or appertaining to the 
business of. a corporation, association, public office or officer, partner- 
ship, or individual; or, 

4?. Makes a false entry in any such account or book of accounts; or, 

3. Wilfully omits to make true entry of any material particular 
in any such account or book of accounts, made, written, or kept by 
him or under his direction, 

Is guilty of forgery in the third degree. 

4. The altering, erasing, obliterating, or destruction of any account, 

book of account, record, or writing, or the making of a false entry in 

an account, statement of financial condition, or book of accounts, or 

the willful omission of material entries in such account, statement or 

books of account, by any person, whether by his own hand or the hand 

of another, if made with intent to defraud creditors or to conceal a 

crime, or to conceal from creditors or stockholders or other persons 

inteiested matters materially affecting the financial condition of any 

individual, corporation, association, or partnership; or to provide a 

basis for tlie obtaining of credit or property by or for sucli individual, 

corporation, association, or partnership, shall render such person 

guihy of forgery in the third degree, within the meaning of this 

section ; but this provision shall not apply to any clerk, bookkeeper, or 

other employee, who, without personal profit or gain, merely executes 

the orders of his emplover. (Subd. 4 amended bv L. 1912, ch. 34'3, 

in effect Sept. 1, 1912.)^ 

BeriTation: Penal Code, § 514, amended L. 1884, ch. 378. ^ 1 ; L. 1892, 
ch. 692. § 1; Penal Code, § 515. 

Phelps V. People (1878), 72 N. Y. 371, aff'g 6 Hun, 428; People v. Under- 
bill (1894), 142 N. Y. 38, 44, rev'g 75 Ilun, 329, 26 N. Y. Supp. 1030; People 
V. Hpfzoj? (1905). 47 Miac. 60, 93 N. Y. Supp. 357, 19 X. Y. Cr. 372, 375, 380, 
382: People v. Abeel (1905), 182 X. Y. 415, 19 N. Y. Cr. 525, aff'g 100 
App. Div. 516, 91 N. Y. Supp. 1107; People v. Hegeman (1907), 57 Misc. 295, 
107 X. Y. Supp. 261, 21 X. Y. Cr. 535; People v. Curtiss (1907), 118 App. 
Div. 259, 103 X. Y. Supp. 395; People ex rel. Hegeman v. Corrigan (1908), 
129 App. Div. 76; People v. Luhra (1908), 127 App. Div. 637; see also Phelps' 
Cise. 49 How. Pr. 462, 72 X. Y. 365; Wright v. Henkel, 190 U. S. 47. 

§ 8!K>. Officer of corporation selling fraudulent shares. 

An officer, agent or other person employed by any company or cor- 
poration existing under the laws of this state, or of any other state or 
territory of the United States, or of any foreign government, wlio wil- 
fully and with a design to defraud, sells, pledges or issues, or causes 
to be sold, pledged or issued, or signs or procures to be signed with 
intent to sell, pledge or issue, or to be sold, pledged or issued, a false, 
forged or fraudulent paper, writing or instrument, being or purport- 
ing to \ye a scrip, certificate or other evidence of the ownership or 
transfer of any share or shares of the capital stock of such com])any 
or corporation, or a bond or other evidence of debt of such company or 
corporation, or a certificate or other evidence of the ownership or of 
the transfer of any such bond or other evidence of debt, is guilty of 
forgery in the third degree, and upon conviction, in addition to the 
Punishment preecribed in section eight hundred and ninety-threo of 
ftiB chapter for that oflFense. may also be sentenced to pay a fme uot 
Qceeding three thousand dollars. 
^mmt PeBMl Code, § 518. 

185 



§§ 891-894] FOKGERY [Art 84 

§ 891. Forging passage tickets. 

A person who, with intent to defraud, forges, counterfeits, or 
falsely alters any ticket, check or other paper or writing, entitling 
or purporting to entitle the holder or proprietor thereof to a pas- 
sage upon any railway or in any vessel or other public conveyance; 
and a person who, with like intent, sells, exchanges or delivers, 
or keeps or offers for sale, exchange or delivery, or receives upon 
any purchase, exchange or delivery, any such ticket, knowing the 
same to have been forged, counterfeited or falsely altered, is guilty 
of forgery in the third degree. 

Derivation: Penal Code, § 516. 

People V. Harrison, 8 Barb. 500; People v. Shall, 9 Cow. 778; State v. 
Weaver, 84 N. C. 836, 55 Am. Rep. 647; Com. v. Ray, 3 Gray, 441; Reg. ▼. 
Boult, 3 Carr. & K. 604. 

§ 892. Forging United States or state stamps. 

A person who for-ges, counterfeits or alters any postage or 
revenue stamp of the United States, or any tax or revenue stamp 
of the state of New York, or who sells, or offers, or keeps for sale, 
as genuine or as forged, any such stamp, knowing it to be forged, 
counterfeited or falsely altered, is guilty of forgery in the third 
degree. 

Derivation: Penal Code, § 517, amended L. 1905, cli. 242, § 1. 

§ 893. Punishment for forgery in third degree. 

Forgery in the third degree is punishable by imprisonment for 
not more than five years. 

DeriTationt Penal Code, § 525. 

§ 894. Having possession of counterfeit coin. 

A person who has in his possession a counterfeit of any gold or 
silver coin, whether of the United States or of any foreign country 
or government, know^ing the same to be counterfeited, with intent 
to sell, utter, use, circulate or export the same, as true or as false, 
or to cause the same to be so uttered or passed, is punishable by 
imprisonment not more than five years, or by a fine not exceeding 
five hundred dollars, or by both such fine and imprisonment. 

Derivation t Penal Code, § 526. 

Weaver's Case, 2 City Hall Rec. 57; Mose's Case, 2 City Hall Rae. 84; 
Murphy's Case, 4 City Hall Rec. 42; Gallagher's Case, 5 City Hall Ree. 1; 



186 



M ' 






An. 84] FORGERY [ 895 

Dorsett's Case, 5 City Hall Rec. 77; Lampier's Case, 6 City Hall Rec. 70; 
Quinn's Case, 6 City Hall Rec. 93; Stewart v. Jessup, 51 Ind. 411, 19 Am. 
Bep. 738. 

§ 805. Advertising counterfeit money and stamps. 

A person who prints, writes, utters, publisbes, sells, lends, gives 
awaj, circulates or distributes any letter, writing, circular, paper, 
pamphlet, hand bill or any other written or printed matter, ad- 
vertising, offering or purporting to advertise or offer for sale, loan, 
exchange, gift or distribution, or to furnish, procure or distribute 
any counterfeit coin, paper money, internal revenue stamp, post- 
age stamp or any other token of value, or what purports to be 
counterfeit coin, paper money, internal revenue stamp, postage 
etamp or any other token of value, or giving, or purporting to give, 
either directly or indirectly, information where, how, of whom or 
by what means any counterfeit coin, paper money, internal revenue 
stamp, postage stamp, or token of value, can be procured or had, 
or what purports to be counterfeit coin, paper money, internal 
revenue stamp, postage stamp or other token of value, can be pro- 
cured or had, or whoever shall aid, assist or abet in any manner, 
in any scheme or device whatsoever, offering or purporting to 
offer, for sale, loan, gift, exchange or distribution, any counter- 
feit coin, paper money, internal revenue stamp, postage stamp 
or other token of value, whether called " green articles," ** queer 
coin," " paper goods," " bills," " spurious treasury notes," 
"United States goods," "green paper goods," *' business that is 
not legitimate," " cigars," " gr?en cigars," or by any other name 
w title, or any other device of a similar character, shall be guilty 
of a felony and on conviction shall be punished by imprisonment 
for not less than one year nor more than five years, and by a fine 
of Dot less than one hundred dollars nor more than one thousand 
dollars for each offense. 

Whoever in and for executing, operating, promoting, carrying 
on. or in the aiding, assisting or abetting in the promoting, operat- 
ing, carrying on, or executing of any scheme or device whatsoever 
to defraud, by use or means of, any papers, writings, letters, cir- 
colaps or written or printed matters concerning the offering for 
•de, loan, gift, distribution, or exchange, of counterfeit c<»in, 
paper money, internal revenue stamps, postage stamps or other 
tokens of value as provided in this section, shall use any fictitious, 
Use or assumed name or address, or name or address other than 






16] FORGERY [Art 8^ 

own right, proper and lawful name; or whoever in th< 
uting, operating, promoting, carrying on, aiding, assistinj 
betting in the execution, promotion or carrying on of anj 
me or device offering for sale, loan, gift, or distribution, oi 
lorting to offer for sale, loan, gift or distribution, or givinf 
urporting to give information directly or indirectly, where, 
of whom, or by what means any counterfeit coin, papei 
?y, internal revenue stamp, postage stamp, or other token of 
3, can be obtained or had, or who shall knowingly receive or 
from the mails of the United States any letter or package ad- 
\ed to any such fictitious, false or assumed name or addreai 
ame other than his own right, proper or lawful name shall 
Liilty of a felony, and on conviction shall be punished by ini- 
►nment for not less than one year, nor more than five yeara^ 
by a fine of not lees than one hundred dollars nor more thac 
thousand dollars. Any letter, circular, writing, or paper 
ing or purporting to offer for sale, loan, gift, or distributioi 
ving, or purporting to give information directly gr indirectly 
e, how, of whom, or by what means any counterfeit coia 
r money, internal revenue stamp, postage stamp, or token o: 
}, may be obtained or had, or concerning any similar schem* 
3vice to defraud the public, whether such article, matter <►: 
J is called " green articles," " queer coins," " pai>er goods,' 
?er," " articles," " bills," " business that is not legitimate,' 
irious treasury notes," " United States goods," " green pap* 
3," " green articles," " cigars," " green cigars," or by an; 
• name device or title of a similar character, shall be deeme<i 
imptive proof of the fraudulent character of such scheme. 

rlTation: Penal Code, § 527, amended L. 1887, ch. 687, 9 1. 

pie V. Reilly (1889), 61 Hun 624, 4 N. Y. Supp. 81; People v. AIb<>^ 
), 140 N. Y. 130, rev'g 71 Hun, 123, 24 N. Y. Supp. 619; People t. Murr^ 
), 79 Hun, 310, 29 N. Y. Supp. 381. 



18% 



861 FRAUDS AND CHEATS [§§ 920-931 



ARTICLE 86. 

FRAUDS AXD CHEATS. 

MO. Fraud in affairs of limited partnership. 

V21. Intent to defraud. 

922. Production of pretended heir. 

y23. Substituting one child for another. 

924. Fictitious copartnership names. 

925. Frauds on. hotel-keepers. 

926. False rumors as to stocks, bonds or public fundfl. 

927. Entry into agricultural fair grounds. 

928. Falsely personating another. 

929. Limitations as to indictments for fraudulent marriagM. 

930. Receiving property in false character. 

931. Personating officers, firemen, ^nd other persons. 

932. Obtaining property by false pretenses. 

933. False pedigree of animals. 

934. Fraudulently obtaining property for charitabla purpotea. 

935. Obtaining by fraud or without authority signature to appli- 

cations or property for degrees, secrets or membership in 
secret fraternities. 

936. Fraudulent use of the name or title of secret fraternity. 
936a. Unlawful dues or assessments of certain secret fraternities. 

937. Obtaining negotiable evidence of death by false pretenses. 

938. Using false check or order for payment of money. 

939. Fraudulently obtaining employment. 

940. Fraudulently secreting personal property. 

941. Pawning borrowed property. 

942. Personating beneficiary of entrance ticket. 

943. Mock auction. 

944. Publishing false messages. 

945. Unlawfully selling tickets for balls and entertainments. 

946. Misrepresentation of circulation of newspapers or periodicals. 

947. Verbal false pretense not criminal. 

948. Unlawful use of name of benevolent, humane or charitable 

corporation. 

949. Fraudulent appropriation of lost treasure or waived property. 

950. False statements in regard to employment. 

951. Reporting or publishing fictitious transactions in securities. 

952. False statement or advertisement as to securities. 

953. Manipulation of prices of securities. 

954. Trading by brokers against customers' orders. 

955. Transactions by brokers after insolvency. 

956. Hypothecation of customers* securities. 

957. Delivery to customers of memoranda of transactions by 

brokers. 

§ 920. Fraud in affairs of limited partnership. 

A member of a limited partnership, who is guilty of any fraud 

i^the affairs of the partnership, is guiity of a misdemeanor. 
Berifation: Penal Code, S 375. 

§ 921. Intent to defraud. 

Whenever, by any of the profusions of this chapter, an iivtewt* 
to defraud is required, in order to constitute an ofEenae, \\» \% ^vsSSvr 

189 



|§ 922-924] FRAUDS AXD CHEATS [Art. 86 

cient if an intent appears to defraud any person, association or 
body politic or corporate, whatever. 

Derivatioii: Penal Code, § 721. 

People V. Hegeman (1907), 57 Misc. 296, 304, 107 N. Y. Supp. 261. 

§ 922. Production of pretended heir. 

A person who fraudulently produces an infant, falsely pretend- 
ing it to have been born of a parent whose child is or would be 
entitled to inherit real property, or to receive a share of personal 
property, with intent to intercept the inheritance of such real 
property, or the distribution of such personal property, or to de- 
fraud any person out of the same, or any interest therein ; or who^ 
with intent fraudulently to obtain any property, falsely represents 
himself or another to be a person entitled ta an interest or share 
in the estate of a deceased person, either as executor, administrator, 
husband, wife, heir, legatee, devisee, next of kin, or relative of 
such deceased person; is punishable by imprisonment in a state 
prison for not more than ten years. 

DerlTation: Penal Code, § 151. 
People V. Cunningham, 3 Park, 520, 531. 

§ 023. Substituting one child for another. 

A person, to whom a child has been confided for nursing, educa- 
tion, or any other purpose, who, with intent to deceive a parent^ 
guardian or relative of the child, substitutes or produces to such, 
parent, guardian or relative, another child or person, in place of 
the child so confided, is punishable by imprisonment in a stata 
prison for not more than seven years. 

DerlTationt Penal Code, § 152. 

§ 924. Fictitious copartnership names. 

A person who transacts business, using the name, as partner, 
of one not interested with him as partner, or using the designation 
" and company," or " & Co." when no actual partner is repre- 
sented thereby is guilty of a misdemeanor. But this section doea 
not apply to any case, where it is specially prescribed by statute 
that a partnership name may be continued in use by a successor^ 
survivor, or other person. 

DerlTation: Penal Code, § 363. 

Donlon v. English (1895), 89 Hun, 67, 36 N. Y. Supp. 82; Kennedy r- 

190 



^rt. 86] FRAUDS AND CHEATS [§§ 925-926 

Sudd (1896), 5 App. Div. 140, 39 N. Y. Supp. 81; Sinnott v. German- Ameri- 
!ui Bank (1900), 164 N. Y. 380, aff'g 33 App. Div. 641; Vandergrift v. Ber- 
tron (1903), 83 App. Div. 548, 82 N. Y. Supp. 153; Loeb v. Firemen's Ins. 
Co. (1903), 78 App. Div. 113, 79 N. Y. Supp. 510, aff'g 38 Misc. 107, 

77 N. Y. Supp. 106; Castle Bros. v. Graham (1903), 87 App. Div. 97, 84 N. 
Y. Supp. 120; Marino v. Lehmaicr (1903), 173 X. Y. 530 546; Cody v. Demp- 
ler (1903), 86 App. Div. 341, 83 N. Y. Supp. 899; Slater v. Slater (1903), 

78 App. Div. 453, 80 N. Y. Supp. 363; McArdle v. Thames Iron Wks. (1904), 
•6 App. Div. 140, 89 N. Y. Supp. 485; see also Barron v. Yost, 16 Daly, 441; 
Boienheim v. Rosenfield, 12 N. Y. Supp. 721. 

§ 925. Frauds on hotel-keepers. 

A person who obtains any lodging, food or accommodation at a 
hotel, inn, boarding-house or lodging-house, except an immigrant 
lodging-house, without paying therefor, with intent to defraud the 
proprietor thereof or his agent or sen^ant ; or who obtains credit 
It such hotel, inn, boarding-house or lodging-house, by the use of 
toy false pretense; or who, after obtaining credit or accommoda- 
tion at such hotel, inn, boarding-house or lodging-house, causes to 
be removed from such hotel, inn, boarding-house or lodging-house 
his baggage without the permission or consent of the proprietor, 
manager or authorized employee thereof before paying for his 
lodpng, food or accommodation^ and with the intention of not 
paving therefor, is guilty of a misdemeanor. 

DcrlTstioat Penal Code, | 382, amended L. 1886, ch. 645, 9 1; L. 1895, 
Ik. 883, 9 1 ; L. 1907, ch. 682, 9 1. 

People T. Nicholson (1898), 25 Misc. 266, 55 N. Y. Supp. 447. 

§ 026. False nunors as to stocks, bonds or public funds. 

A person, who, with intent to affect the market price of the 
imMic funds of this state or of the United States, or of any state 
«r territory thereof, or of a foreign county or government, or of 
tfce stocks, bonds, or other evidences of debt of a corporation or 
ttBociation, or the market price of gold or silver coin or bullion, 
or any merchandise or commodity whatever : 

1. Without lawful authority, falsely signs the name of an officer 
rf a corporation, or of any other person to a letter, message, or 
*her paper; or, 

2. Utters or circulates such a letter, message, or paper, know- 
ing that the same has been so falsely signed ; or, 

3. Knowingly circulates any false statement, rumor, or intelli- 
gence, 

191 
18 



§§ 927-929] FRAUDS AND CHEATS [Art 8fi 

Is punishable by a fine of not more than five thousand dollars, 
or by imprisonment for not more than three years, or both. 

Derlvatioa: Penal Code, § 435. 

People V. Goftlin (1901), 67 App. Div. 16, 18, 73 N. Y. Supp. 620, 16 N. Y. 
Cr. 267. 

§ 927. Entry into agricultural fair grounds. 

A person who wrongfully and fraudulently enters any agricul- 
tural fair grounds, without paying the entrance fee, is guilty of 
a misdemeanor. 

Derlvatioat Penal Code, § 446. 

§ 928. Falsely personating another. 

A person who falsely personates another, and, in such assumed 
character : 

1. Marries or pretends to marry, or to sustain the marriage 
relation towards another, with or without the connivance of thm 
latter; or, 

2. Becomes bail or surety for a party in an action or specift^ 
proceeding, civil or criminal, before a court or officer authorixec 
to take such bail or surety ; or, 

3. Confesses a judgment; or, 

4. Subscribes, verifies, publishes, acknowledges, or proves i 
written instrument, which by law may be recorded, with inteni 
that the same may be delivered or used as true; or, 

5. Does any other act, in the course of any action or proceec] 
ing, whereby, if it were done by the person falsely personated 
such person might in any event become liable to an action cp» 
special proceeding, civil or criminal, or to pay a sum of money 
or to incur a charge, forfeiture, or penalty, or whereby any beneS 
might accrue to the offender, or to another person. 

Is punishable by imprisonment in a state prison for not moir 
than ten years. 

Derivatioii: Penal Code, § 562. 

Hodecker v. Strickler (1897), 20 App. Div. 246, 46 N. Y. Supp. 808. 

§ 929. Limitations as to indictments for fraudulent tnmi 
riages. 

An indictment can not be found, for the crime specified in snl 
division first of the last section, except iinon the complaint of tl 

192 



56 J JJ'KAUUIS AJNU (JllJi: AT» [§§ y^U-y^:5 

1 injured, if there be any such person living, and within two 
after the perpetration of the crime. 

iTation: Penal Code, S 563. 

OO. Receiving property in false character. 

person who falsely personates another, or the oflScer or agent 
y legally organized or incorporated society or institution, or 
y represents himself to be such an officer or agent, and in 
assumed character receives any money or property, knowing 
it is intended to be delivered to the individual, or society, 
stitution or its officers or agents, so personated, or whose officer 
:ent he falsely claims to be, with the intent to convert the same 
is own use or to that of another person who is not entitled 
^to, is punishable in the same manner and to the same extent 
T larceny, of the money or property so received. 

siTAtiim: Penal Code, § 564, amended L. 1899, ch. 327, 8 1* 

031. Personating ofBcers, firemen, and other persons. 

person who falsely personates a public officer, civil or 
tary, or a policeman, or a private individual having special 
lority by law to perform an act affecting the rights or intor- 
of another, or who assumes, without authority, any uniform 
«dge by which such an officer or person is lawfully distin- 
hed, and in such assumed character does an act, purporting 
B official, whereby another is injured or defrauded, is guilty of 
isdemeanor. 

niTation: Penal Code, S 565. 

!Cord V. People (1871), 46 N. Y. 470; Curtin v. Peonle (1882), 26 Hun, 
trd 80 N. Y. 621; People v. Stetson, 4 Barb. 151. 

932. Obtaining property by false pretenses. 

L person who, with intent to cheat or defraud another, design- 
% by color or aid of a false token or writing, or other false 
cnse, obtains the signature of any person to a written instni- 
it, is punishable by imprisonment in a state prison for not 
IB than three years, or in a county jail for not more than one 
r, or by a fine of not more than three times the value of the 
ley or property affected or obtained thereby, or by both Buch 
and imprisonment. 

wivatloms Penal Code, fi 566. 

193 



§§ 933-935] FRAUDS AND CHEATS [Art. i6 

Lesser v. People (1878), 12 Hun, 668; Brown v. People (1879), 16 Hum, 
535; People ex rel. Phelps v. Oyer, etc. (1880), 83 N. Y. 436; Therasson T. 
People (1880), 20 Hun, 55, 82 N. Y. 238; People v. Jeflferey (1894), 82 Hun, 
413, 31 N. Y. Supp. 267; see also People v. Cole, 20 N. Y. Supp. 606; Rex v. 
Jackson, 3 Campb. 370; Rex v. Parker, 3 Car. & P. 826. 

§ 033. False pedigree of animals. 

Every person who by any false pretence shall obtain from any 
club, association, society or company for improving the breed of 
cattle, horses, sheep, swine or other domestic animals the registra- 
tion of any animal in the herd register or other raster of any 
such club, association, society or company or a transfer of any such 
r^istration, and every person who shall knowingly give a false 
pedigree of any animal, shall be deemed guilty of a misdemeanor 
and upon conviction thereof, shall be punished by imprisonment 
in a county jail for a term not exceeding one year, or by a fina 
not exceeding one thousand dollars, or by both such fine and im- 
prisonment. 

Dertvatiomt Penal Code, S 666a, added L. 1887, eh. 153, | 1. 

§ 034. Fraudulently obtaining property for charitable pur- 
poses. 

A person, who wilfully, by color or aid of any false token am 
writing, or other false pretense, obtains the signature of any per* 
son to any written instrument, or any money or property, for anj 
alleged or pretended charitable or benevolent purpose, is punislftr 
able by imprisonment for not less than one nor more than thre^ 
years, or by a fine to an amount not exceeding the value of tb^ 
money or property obtained, or by both. 

DertTatiom Penal Code, S 567. 
People V. Clough, 17 Wend. 361. 

§ 035. Obtaining by fraud or without authority signature tc 
applications or property for degrees, secrets or membership ic 
secret fraternities. 

A person who wilfully by color or aid of any false token o^ 
writing, or other false pretense or false statement verbal or written 
or without authority of the grand lodge hereinafter mentionedi 
obtains the signatuTe of any person to any written application, ot 
any money or property for any alleged or pretended degree^ (P 

194 



Art. 86.] FRAUDS AND CHEATS [§ 936 

for any alleged or pretended secret work or for any alleged or pre* 
tended secrets of, or membership in any secret fraternal associa- 
tion^ society, order or organization having a grand lodge in this 
state, or in any subordinate lodge or body thereof is punishable by 
imprisonment for not more than three years or by a fine to an 
amount not exceeding the value of the money or property obtained 
or by both. 

DerlTations Penal Ck>de, S 567a, added L. 1905, ch. 366, § 1. 



§ 930. Fraudulent use of the name or title of secret fraternity. 

Any person, firm, association, society, order or organization, or 
any oflScer, agent, representative or employee thereof, or person 
acting or pretending to act on behalf thereof who in a newspaper 
or other publication published in this state, or in any letter, writ- 
ing, circular, paper, pamphlet or other written or printed notice, 
matter or device without authority of the grand lodge hereinafter 
mentioned fraudulently uses, or in any manner directly or in- 
directly aids in the use of the name or title of any secret fraternal 
association, society, order or organization which has had a grand 
lodge in this state for ten years, or any imitation of such name 
or title or any name or title so nearly resembling it as to be calcu- 
lated to deceive, or who without such authority publishes, sells, 
lend^, gives away, circulates or distributes any letter, writing, 
circular, paper, pamphlet or other written or printed notice, 
matter or device directly or indirectly advertising for or soliciting 
members or applications for membership in such secret fraternal 
association, society, order or organization, or in any alleged or 
pretended association, society, order or organization using or desig- 
nated or claimed to be known by such title or imitation or re- 



19R 



§ 936-a] FRAUDS AND CHEATS [Art ft6 

semblance thtereof or who therein or thereby offers to sell, or to 
confer or to communicate or to give information directly or in- 
directly where, how, of whom, or by what means any alleged o^" 
pretended degree or any alleged or pretended secret work or any 
alleged or pretended secrets of such secrtit fraternal association, 
society, order or organization or of any alleged or pretended asso- 
ciation, society, order or organization designated or claimed to fee 
known bv such title or imitation or resemblance thereof can or 
may be obtained, conferred or communicated, is punishable by 
imprisonment for not more than three years or by a fine of not 
more than one thousand dollars for each offense. 

DerlTatioai Penal Codo, S567b, added L. 1906, ch. 485, fil. 

§ 036-a. Unlawful dues or assessments of certain secret 
fraternities. 

Any person or persons acting as the general officer, chief officer, 
grand officer or supreme, or grand officers or body, in and for a 
secret fraternal association, society, order or organization, which 
maintains in this state local branches, lodges, nests, aeries, divis- 
ions, chapters or subdivisions, who shall solicit, receive, invite, 
admit or initiate any person or persons to membership or to par- 
ticipation in any sudi local branch, lodge, nest, aerie, division, 
chapter or subdivision, upon condition that such person shall pay 
any dues, assessments, money or reward, directly or indirectly, to 
any grand officer, chief officer, grand officer or supreme, or grand 
officers or body, unless such grand officer, chief officer, grand officer 
or supreme, or grand officers or body shall have been choBen or 
elected by and from delegates chosen by tlie meml^rs of the local 
branchee, lodges, nests, aeries, divisions, chapters or subdivisiontf 



I9te 



Art. 86J 



FRAUDS AND CHEATS 



[§ 936-a 



of such secret fraternal association, society, order or oi^anization 
to their r^ular convention at which such chief oflBoer shall be 
elected, shall be guilty of a misdemeanor, punishable by a fine of 
not leae tb«D one hundred dollars or more than two hundred dol- 
iare, or by not more than thirty daj's' imprisonment or by bodk 
(Added by L. 1911, ch. 837, in effect July 29, 1911.) 



,95b 



§§ 937-939] FRAUDS AND CHEATS [Art. 86 

§ 037. Obtaining negotiable evidence of death by fialse pre- 
tenses. 

If the false token, by which money or property is obtained in 
violation of sections nine hundred and thirty-two and nine hundred 
and thirty-four, is a promissory note or other negotiable evidence 
of debt purporting to be issued by or under the authority of any 
banking company or corporation not in existence, the person guilty 
of such cheat is punishable by imprisonment in a state prison not 
exceeding seven years, instead of by the punishments prescribed 
by those sections. 

Derivatioii: Penal Code, § 568. 
People V. Rynders, 12 Wend. 425. 



§ 038. Using false check or order for payment of money. 

The use of a matured check, or other order for the payment c^ 
money, as a means of obtaining a signature, or money or property 
such as is specified in sections nine hundred and thirty-two an* 
nine hundred and thirty-four, by a person who knows that tb 
drawer thereof is not entitled to draw for the sum specified therein 
ii]>rin the drawee, is the use of a false token within the meaniaj 
<vf those sections, although no representations is made in respec 
t!u re to. 

I.iivation: Penal Code, § 509. 

I vi V. PeopU. (1878), 12 Hun, 668, 73 N. Y. 78; Foote v. People (1879! 
17 ilim, 21.S; People v. Clements (1886), 42 Hun, 286, 5 N. Y. Or. 280; Sie 
in- V. Clark (1896), 18 Misc. 464, 41 N. Y. Supp. 982; see also People ^ 
Tompkins. 1 Park, 224; People v. Ward, 15 Wend. 231; Conger's Case, 4 i 
H. Wee. Go. 

§ 030. Fraudulently obtaining employment. 

A person who obtains employment or appointment to any offic 
or place of trust by color or aid of any false or forged letter c 
certificate of recommendation, or of any false statement in writinj 
as to his name, residence, previous employment or qualification 
or any person who shall wilfully and intentionally fraudulentl, 
represent himself, or herself, to be a dea'f and dumb person, i 
order to collect, receive or otherwise obtain moneys, food, clothing 
or anything of value whatsoever, is guilty of a misdemeanor. 

DeHvatioa: Penal Code, § 670, amended L.'l886, ch. 664, 8 1. 

196 



Art 86] FRAUDS AND CHEATS [§§ 940-943 

§ MO. Fraudulently secreting personal property. 

A person who, having theretofore executed a mortgage of per- 
sonal property, or any instrument intended to operate as such, 
sells, assigns, exchanges, secrets or otherwise disposes of any part 
of the property, upon which the mortgage or other instrument 
is at the time a lien, with intent thereby to defraud the mortgagee 
or a purchaser thereof, is guilty of a misdemeanor. 

DerivatioBS Penal Code, § 571, added L. 1882, ch. 384, S 1. 

People ex rel. Stokes v. Risely (1886), 38 Hun, 281, 4 N. Y. Cr. 110; Peo- 
ple V. Durante (1897), 19 App. Div. 292, 46 N. Y. Supp. 1073, 12 N. Y. Cr. 
318. People v. Staton (1903), 79 App. Div. 634, 80 N. Y. Supp. 2; see also 
Vaus V. Middlebrook, 3 N. Y. St. 277; Millechamp v. People, 14 Week. Dig. 
452. 

§ 941. Pawning borrowed property. 

A person who without the consent of the owner thereof, sells, 
pledges, pawns, or otherwise disposes of any property which he 
has borrowed or hired from the owner, is guilty of a misdemeanor; 
but this section does not apply to a person leasing or lending prop- 
erty, for a time not exceeding that for which the same waa leased 
or lent to himself. 

DerivatioBs Penal Code, S 672, added L. 1882, ch. 384, 8 1; amended L. 
1892, ch. 692, 9 1. 

§ 942. Personating beneficiary of entrance ticket. 

A person who, with intent to wrongfully convert to his own use 
the benefits secured by any ticket, contract, or other paper or writ- 
ing, appearing upon its face not negotiable, and which entitles, 
or purports to entitle the person whose name appears therein, to 
entrance upon the grounds or premises of a membership corpora- 
tion, or being thereupon, to remain upon such grounds or premises, 
falsely personates or attempts to so personate any individual 
named in such ticket, contract or other paper or writing, as the 
grantee or beneficiary thereof, is gnilty of a misdemeanor. 

DerivatioBs Penal Code, § 573, amended L. 1892, ch. 692, S 1. 

§ 043. Mock auction. 

A person who buys or sells, or pretends to buy or sell, any goods, 
wares, or merchandise, or any species of property, except ships, 
vessels, or real or leasehold estate, exposed for sale by auction, if 



§§ 944-946] FRAUDS AND CHEATS [Art. 86 

an actual sale, purchase, and change of ownership therein does 
not thereupon take place, is guilty of a misdemeanor, punishable 
by imprisonment for thirty days, or by fine not exceeding one 
hundred dollars, or both. 

A person, who obtains money or property from another, or ob- 
tains the signature of another to any writing, the false making 
of which would be forgery, by means of any false or fraudulent 
sale of property or pretended .property by auction, or by any of 
the practices known as mock auctions, is punishable by imprison- 
ment in a state prison not exceeding three years^ or in the county 
jail not exceeding one year, or by a fine not exceeding one thou- 
sand dollars, or by both such fine and imprisonment ; and in ad- 
dition thereto he forfeits any license he may hold to act as an 
auctioneer, and is forever disqualified from receiving a license to 
act as auctioneer within this state. 

DerivatioBt Penal Code, §8 443, 674. 

People V. Lindenborn (1897), 23 Misc. 426, 52 N. Y. Supp. 101, 13 N. Y. 
Cr. 196. 

§ 944. Publishing false messages. 

A person who prints, publishes, or circulates as true, any mes- 
sage^ order or proclamation, purporting to be the message, order 
or proclamation of the executive of the United States or of this 
state, or of any other state of the United States now or hereafter 
admitted, or of any territory of the United States, knowing the 
same not to be genuine, is punishable by imprisonment in a state 
prison not exceeding, five years, or by fine not exceeding one thou- 
sand dollars, or by both. An indictment for this offense may be 
found in any county in which the message, address or proclamation 
is printed, published or circulated, but not in more than one 
county of the State. 

DerlTation: Penal Code, $ 674. 

People V. Most (1901), 36 Misc. 139, 140, 73 N. Y. Supp. 220, 16 N. Y. Cr. 
106, aff*d 71 App. Div. 160, 171 N. Y. 423. 

§ 945. Unlawfully selling tickets for balls and entertainments. 

Any person who shall collect money or attempt to collect money 
or any valuable article, or to sell tickets for any ball or entertain- 
ment for the benefit of any pretended benevolent, humane, or 
charitable organization, which has no corporate existence, or for 

198 



Alt 86] FRAUDS AND CHEATS [§§ 946-948 

any benevolent, humane, or charitable institution, that has been 
duly incorporated or recognized by the authorities of the state of 
Xew York, without first having obtained written authority of the 
officers of the said institution or organization, attested under the 
seal of the said institution, according to its rules, shall be guilty 
of a misdemeanor. 

DerivatioBS Penal Code, S 674f, added L. 1809, ch. 327, 8 2. 

§ 046. Misrepresentation of circulation of newspapers or peri- 
odicals. 

Every proprietor or publisher of any newspaper or periodical 
who shall wilfully or knowingly misrepresent the circulation of 
such newspaper or periodical for the purpose of securing advertis- 
ing or other patronage shall be deemed guilty of a misdemeanor. 

Derlvatioii: Penal Code, § 717a. added L. 1803, ch. 650, S 1. 

§ 047. Verbal false pretense not criminal. 

A purchase of property by means of a false pretense is not 
criminal, where the false pretense relates to the purchaser's means 
or ability to pay, unless the pretense is made in writing and signed 
by the party to be charged. 

DerivatioBt Part of Penal Code, ch. 644, as amended L. 1905, ch. 556, | 1. 
For remainder of section, see 8 442, ante, 

Watson V. People (1882), 87 N. Y. 561; People v. Moore (1885), 37 Hun, 
93, 3 N. Y. Cr. 468; People v. Dumar (1887), 106 N. Y. 502, 8 N. Y. Cr. 
268, rev'g 42 Hun, 86, 5 N. Y. Cr. 55; People v. Page (1889). 4 N. Y. Supp. 
780, 7 N. Y. Cr. 6; People v. Hart (1901), 35 Misc. 182, 71 N. Y. Supp. 492; 
People ex rel. Cochrane v. Hyatt (1902), 172 N. Y. 176, 187; People v. 
Rothstein (1904), 180 N. Y. 149. afT'g 95 App. Div. 293, 88 N. Y. Supp. 
622. 18 N. Y. Cr. 449, 42 Misc. 124, 85 N. Y. Supp. 1076, 18 N. Y. Cr. 66; 
People V. Snyder (1906), 110 App. Div. 699, 700, 97 N. Y. Supp. 469; People 
▼. Levin (1907), 119 App. Div. 234, 104 N. Y. Supp. 647, 21 N. Y. Cr. 182. 

§ 048. Unlawful use of name of benevolent, humane or char- 
itable corporation. 

Xo person, society or corporation shall, with intent to acquire 
or obtain for personal or business purposes a benefit or advantage, 
assume, adopt or use the name of a benevolent, humane or charit- 
able organization incorporated under the laws of this state, or a 
Dame so nearly resembling it as to be calculated to deceive the 
public with respect to any such corporation. A violation of this 

199 



§ 948] FRAUDS AND CHEATS [Art. 86 

section shall be a misdemeanor. Whenever there shall be an 
actual or threatened violation of this section, an application may 
be made to a court or justice having jurisdiction to issue an in- 
junction, 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 using the name of a benevo- 
lent, humane or charitable organization, incorporated as aforesaid, 
or a name so nearly resembling it as to be calculated to deceive 
the public, an injunction may be issued by said court or justice, 
enjoining and restraining such actual or threatened violation, 
without requiring proof that any person has in fact been misled 
or deceived thereby. 

DerivatioBS Penal Code, | 674h, added L. 1908, ch. 449. 

§ 049. Fraudulent appropriation of lost treasure or waived 
property. 

A person who fraudulently conceals or appropriates to his own 
use any lost treasure or any waived property belonging to this 
state by virtue of its sovereignty, is guilty of a misdemeanor. 

DerivatioBt Penal Code, § 482. 
See N. T. Law Journal, Apr. 13, 1904. 

§ 950. False statements in regard to employment. 

Any person, firm, association or corporation, or any employee 
or agent thereof, who makes to any person furnishing or seeking 
employment any statement which is false, knowing the same to be 
faite, in regard to any employment, work or situation, its nature, 
location, duration, wages, or salary attached thereto, or the cir- 
cumetances surrounding the said employment, work, or situation, 
or who shall offer or hold himself out as in a position to secure or 
furnish employment without having an order therefor or such 
employment to be filled or shall misrepresent any other material 
matter in connection with said employment, work, or situation, 
and by reason of such statement, offer, holding out or misrepre- 
sentation, any person shall seek the employment, work or situa- 
tion, in resjoect to whiob such statement, offer, holding out or 
misrepresentation was made, shall be guilty of a misdemeanor. 
(Added by L. 1911, ch. 575, in effect June 30, 1911.) 



200 



§ 051. Reporting or publishing fictitious transactions in se- 
curities. 

A person who, with intent to deceive, reports or publishes, or 
causes to be reported or published as a purchase or sale of the 
stocks, bonds or other evidences of debt of a corporation, company 
or association, any transaction therein, whereby no actual change 
of ownership or interest is effected, is guilty of a felony, punish- 
able by a fine of not more than five thousand dollars, or by im- 
prisonment for not more than two years, or by both. (Added by 
L 1913, ch. 476, in effect May 9, 1913.) 

§ 952. False statement or advertisement as to securities. 

Any person, who, with intent to deceive, makes, issues or pub- 
lishes, or causes to be made, issued or published, any statement 
or advertisement as to the value or as to facts affecting the value 
of the stocks, bonds or other evidences of debt of a corporation, 
company or association, or as to the financial condition of facts 
affecting the financial condition of any corporation, company or 
association which has issued, is issuing or is about to issue stocks, 
bonds or other evidences of debt, and who knows, or has reason- 
able ground to believe that any material representation, predic- 
tion or promise made in such statement or advertisement is false, 
is guilty of a felony, punishable bv a fine of not more than five 
thousand dollars, or by imprisonment for not more than three 
years, or by both. (Added by L. 1913, ch. 475, in effect May 9, 
1913.) 

§ 053. Manipulation of prices of securities. 
Any person, who inflates, depresses, or causes fluctuations in, 

200a 



§ 954] FRAUDS AND CHEATS [Art 86 

vr aitempts to inflate, depress or cause fluctuations in, or combines 
or conspires with any other person or persons to inflate, depress 
or cause fluctuations in, the market prices of the stocks, bonds 
or other evidences of debt of a corporation, company or associa- 
tion, or of an issue or any part of an issue of the stock, bonds or 
evidences of debt of a corporation, company or association, by 
moans of pretended purchases and sales thereof, or by any other 
fictitious transactions or devices, for or on account of such per- 
son or of any other person, or for or on account of the persons so 
combining or conspiring, whereby either in whole or in part a 
simultaneous change of ownership of or interest in such stocks, 
bonds or evidences of debt, or of such issue or part of an issue 
thereof, is not effected, is guilty of a felony, punishable by a fine 
of not more than five thousand dollars or by imprisonment for not 
more than two years, or by both. 

A pretended purchase or sale of any such stocks, bonds or other 
evidences of debt whereby, in whole or in part, no simultaneous 
change of owTiership or interest therein is effected, shall be prima 
facie evidence of the violation of this section by the person or 
persons taking part in the transaction of such pretended pur- 
chase or sale. (Added by L. 1913, ch. 253, in effect April 10, 
1913.) 

§ 954. Trading by brokers against customers' orders. 

A broker, who, being employed by a customer to buy and carry 
upon margin the stocks, bonds or other evidences of debt of a 
corporation, company or association, while acting as broker for 
such customer in respect of such stocks, bonds or other evidences 

200b 



.Vrt.8G] FRAUDS AND CHEATS [§§ 955,956 

of debt, sells for his own account the same kind or issue of slocks, 
bonds or other evidences of debt of such corporation, company or 
association, with intent to trade against the customer's order, or, 
who, being employed by a customer to sell the stocks, bonds or 
other evidences of debt of a corporation, company or association, 
while acting as broker for such customer in respect to the sale 
of such stocks, bonds or other evidences of debt, purchases for his 
own account the same kind or issue of stocks, bonds or other evi- 
dences of debt of such corporation, company or association, with 
intent to trade against the customer's order, is guilty of a felony, 
punishable by a fine of not more than five thousand dollars, or by 
imprisonment for not more than one year, or by both. Every 
member of a firm of brokers, who either does, or consents or as- 
sents to the doing of any act which by the provisions of this sec- 
tion is made a felony, shall be guilty of a violation thereof. 
(Added by L. 1913, ch. 592, in effect jMay 17, 1913.) 

§ &S5. Transactions by brokers after insolvency. 

A person engaged in the business of purchasing and selling as 
broker, stocks, bonds or other evidences of debt of corporations, 
companies or associations who, knowing that he is insolvent, ac- 
cepts or receives from a customer ignorant of such broker's in- 
solvency, money, stocks, bonds or other evidences of debt belong- 
ing to the customer otherwise than in liquidation of, or as security 
for, an existing indebtedness, and who thereby causes the customer 
to lose in whole or in part such money, stocks, bonds or other evi- 
dences of debt, is guilty of a felony punishable by a fine of not 
more than five thousand dollars or by imprisonment for not more 
than two years, or by both. A person shall be deemed insolvent 
within the meaning of this section whenever the aggregate of his 
property shall not, at a fair valuation, be sufficient in amount to 
pay his debts. (Added by L. 1913, ch. 500, in effect May 14, 
1913.) 

§ 056. Hypothecation of customers' securities. 

A person engaged in the business of purchasing and selling as 
a broker stocks, bonds or other evidences of di*bt of corporations, 
companies or associations, who 

1. Having in his possf-ssion, for safe keeping or otherwise, 
slocks, bonds or other evidences of debt of a corporation, com- 
pany or association belonging to a customer, without having any 

200c 



§ 957] FRAUDS AND CHEATS [Art 86 

lien thereon or any special property therein, pledges or disposes 
thereof without such customers consent; or 

2. Having in his possession stocks, bonds or other evidences 
of debt of a corporation, company or association belonging to a 
customer on which he has a lien for indebtedness due to him b^ 
the customer, pledges the same for more than the amount due to 
him thereon, or otherwise disposes thereof for his own benefit^ 
without the customer's consent, and without having in his pos- 
session or subject to his control, stocks, bonds or other evidences 
of debt of tlie kind and amount to which the customer is then 
entitled, for delivery to him upon his demand therefor and tender 
of the amount due thereon, and therebv causes the customer to 
lose, in whole or in part, such stocks, bonds or other evidences of 
debt, or the value thereof. 

Is guilty of a felony, punishable by a fine of not more than 
five thousand dollars or by imprisonment for not more than two 
years, or by both. 

Every member of a firm of brokers, who either does, or con- 
sents or assents to the doing of any act which by the provisions 
of this or the last preceding section is made a felony, shall be 
guilty thereof. (Added by L. 1913, ch. 500, in effect May 14, 
1913.) 

§ 057. Delivery to customers of memoranda of transactions 
by brokers. 

A person engaged in the business of purchasing or selling as 
broker stocks, bonds and other evidences of debt of corporations, 
companies or associations shall deliver to each customer on whose 
behalf a purchase or sale of such securities is made by him a state- 
ment or memorandum of such purchase or sale, a description of 
the securities purchased or sold, the name of the person, firm or 
corporation from whom such securities were purchased, or to 
which the same were sold, and the day, and the hours between 
which the transaction took place. A broker who refuses to de- 
liver such statement or memorandum to a customer within twenty- 
four hours after a written demand therefor, or who delivers a 
statement or memorandum which is false in any material respect, 
is piilty of a misdemeanor, punishable by a fine of not more than 
fivo hundred dollars, or imprisonment for not more than one year, 
or ^r.fh. ( \Hdod by L. 1913, ch. 593, in effect Sept. 1, 1918.) 

2ooa 



Art. 8S] GAMBLING [§ 970 

ARTICLE 88. 

GAMBLING. 

Sectioit 970. Common gambler. 

970a. The sale of gambling implements and devices prohibited. 

971. Keeping gambling apparatus in certain places. 

972. Gambling apparatus declared a nuisance. 

973. Keeping gaming and betting establishments. 

974. Keeping of place for game of policy. 

975. Pos»t»ftiion of policy slips. 

976. RenKnal of tenants using premises for game of policy. 

977. Seizure of gambling implements authorized. 

978. Gambling implements to be destroyed or delivered to district 

attorney. 

979. Gambling implements to be destroyed upon conviction. 

980. Persuading person to vii>it gambling places. 

981. Duty of masters to suppress gambling on board their vessels. 
98:^ Keeping slot machines. 

983. Seizures of slot macliines and arrest of person in possession. 

984. Destruction of slot machines by magistrate. 

985. Destruction of slot machines by the trial court. 

986. Pool-selling, book-making, bets and W'agers. 

987. Racing animals for stake. 

988. Cheating at gambling. 

989. Forfeiture for exacting pa>Tnent of money won at gamrbling. 

990. Penalty for winning or losing twenty-five dollars or upwards. 

991. Illegal wagers, bets and stakes. 

902. Contracts on account of money or property wagered, bet or 
staked are voiil. 

993. Securities for money lost at gaming void. 

994. Property staked may be recovered. 

995. Losers of certain sums may recover them. 

996. Witnesses' privileges. 

997. Officers directed to prosecute offenses. 

§ 970. Common gambler. 

A person who is the owner, agent, or superintendent of a place, or of 
any device, or apparatus, for gambling ; or who liires, or allows to be 
used a room, tabic, establishment or apparatus for such a purpose; or 
who ens^ages as dealer, game-keeper, or player in any gambling or 
banking game, wl.ere money or property is dependent upon the result ; 
or wl.o soils or offers to sell what are commonly called lottery policies, 
or any writing, papor, or docui^^cnt in the nature of a bet, wager, or 
insurance upon the drawing or drawn numbers of any public or private 
lottery : or who indorses or uses a book, or other document, for the pur- 
])ose of enabling others to soil, or offer to sell, lottery policies, or other 
sucli writing.s, papers, or documents, is a common gambler, and punish- 
able by imprisonment for not more than two years, or by a fine not 

exceeding one thousand dollars, or both. 

DerlTatioat Penal Code. § 344. 

Pickett V. People (1870, 8 Hun. 8.3. aff'd 67 X. Y. 600; People v. Dunn 
(1882), 90 N. Y. 104, rev*? 27 Hun, 272; People v. Emerson (1888), 6 X. Y. 
Or. 157, 6 N. Y. Supp. 374: People v. Devwv (1891). 11 N. Y. Rupp. 602, 
aff'd 128 X. Y. 606; P(K)ple v. O'MalW (1000), 52 App. Div. 46, 64 K. Y. 
Supp. 843; People v. M^Kenna (1001), 62 App. Div. 328, 70 N. Y. Siipp. 
1057; People ex rel. Joseph v. Jerome HOOD, 84 Misc. 57CI, 10 K. Y. %\3l^v» 

201 



§§ 970-a-971] GAMBLING [Art. 88 

377; People ex rel. Lewisohn v. General Sessions (1904), 96 App. Div. 202, 
203, 89 N. Y. Supp. 364; People v. Engeman (1908), 129 App. Div. 463; Peo- 
ple ex rel. Collins v. McLaughlin (1908), 128 App. Div. 605; see ako People 
V. Borges, 6 Abb. Pr. 132. 

§ 970-a. The sale of gambling implements and devices pro- 
hibited. 

No person, corporation, copartnership or association shall lease, rent, 
let on shares, sell, expose for sale or offer for sale any machine, appa- 
ratus or device, into which may be inserted any piece of money or other 
object, and from which, as a result of such insertion and the applica- 
tion of physical or mechanical force, may issue any piece or pieces of 
money, or any check or memoranda calling for any money; nor any 
machine or device of any kind or nature by the operation of which there 
is an element of chance for the winning or losing of money or other 
tilings of value. Any person, corporation, copartnership or association 
violating the provisions of this section shall be guilty of a misdemeanor. 
(Added by L. 1917, ch. 516, in effect Sept. 1, 1917.) 

§ 071. Keeping gambung apparatus m certain piaces. 

It is unlawful to keep or use any table, cards, dice or any other 
article or apparatus whatever, commonly used or intended to be 
used in playing any game of cards or faro, or other game of 
chance, upon which money is usually wagered, at any of the fol- 
lowing places: 

1. Within a building, or the appurtenances or grounds con- 
nected with any building, in which a court of justice usually holds 
its sessions ; or a building, any part of which is usually occupied 
by a religious corporation, or an incorporated benevolent, chari- 
table, scientific or missionary society, or an incorporated academy, 
high school, collie or other institution of learning, a library 
company, or building and mutual loan company; or, 

2. Within any building, or the appurtenances or groimds con- 
nected with any building, while votes are received or canvassed 
therein at any election for an officer of this state, or of the United 
States ; or while any public meeting is held therein ; or, 

3. Within the distance of one mile from the grounds upon 
which any training, review, drill or exercise of a military organi- 
zation, created or permitted by the laws of this state, is proceed* 
ing, or upon which any public fair, exhibition, exercise or meeting 
is held in the open air; or, 

4. Within any vessel lying in, or navigating, any of the waters 
of this state; or owned, or navigated by, or for account of any 
corporation created by the laws of this state. 

202 



Art. 88] GAMBLING [§§ 972-973 

A person who knowingly violates this section is guilty of a 
misdemeanor. 

D«riTmtioBs Penal Code, S{ 336-337. 

Hitchins t. People (1868), 39 N. Y. 454, Book VIII (reprint), 732, note; 
Story V. Solomon (1877), 71 N. Y. 420, aff*g 6 Daly, 631; People v. Todd 
(1889), 51 Hun, 446, 4 N. Y. Supp. 25; People ex rel. Lawrence v. Fallon 
(1897), 162 N. Y. 12, aff'g 4 App. Div. 82, 39 N. Y. Supp. 865; People v. 
AdtniB (1903), 176 N. Y. 356; People ex rel. Collins v. McLauglilin (1908), 
128 App. Div. 604; see also Rockwood v. Oakfield, 2 N. Y. St. 331; People v. 
Sergeant, 8 Cow. 139; Murphy v. Board of Police, 11 Abb. N. C. 340; Cascad- 
den*8 Case, 2 City Hall Rec. 53; Lyner's Case, 5 City Hall Rec. 156; Wetmore 
T. State, 55 Ala. 198 ; Toney v. State, 61 Ala. 1 ; Anslev v. State, 36 Ark. 67, 
38 Am. Rep. 29; State v. Wade, 43 Ark. 77, 51 Am. Rep. 660; Gridley v. 
Dorn, 57 Cal. 78, 40 Am. Rep. 110; Boughner v. Meyer, 5 Colo. 71, 40 Am. 
Rep. 139; Dyer v. Benson, 69 Ga. 609; Harbaugh v. :^eople, 40 111. 29^; Garri- 
son t. McGregor, 51 111. 473; Wade v. Deming, 9 Ind. 35; Hamilton v. State, 
17 Ind. 586; Scblosser v. Smith, 93 Ind. 83; State v. Bishel, 39 Iowa, 42; 
State V. Book, 41 Iowa, 550, 20 Am. Rep. 609; Ward v. State, 17 Iowa St. 32; 
Ellis T. Beale, 18 Me. 337; Shaw v. Clark, 49 Mich. 494, 43 Am. Rep. 474; 
People V. Weithoff, 51 Mich. 203, 47 Am. Rep. 557, 4 Crim. L. Mag. 682; 
I-owerey v. State, 1 Mo. 722; Kennow v. King, 2 Mont. 437; Brenniger v. 
Belvidere, 44 N. J. L. 350; State v. Bishop, 8 Ired. (N. C.) 266; Whitney v. 
SUte, 10 Tex. Ct. App. 377; Long v. State, 22 Tex. Ct. App. 194, 54 Am. 
Rep. 633; Wolz v. State, 33 Tex. 331; Mayo v. State (Tex.), 82 S. W. 515; 
Coolidge V. Choate, 11 Mete. 79; Nuckolls v. Com., 32 Gratt. 884; Hirst v. 
Molesbury, L. R. 6 Q. B. 130; Bews v. Harston, 3 Q. B. Div. 454, 28 Eng. 
Rep. 385; Tollett v. Thomas, L. R. 6 Q. B. 514; Alexander v. State, 6 Crim. 
L. Kag. 606; State v. Records, 4 Harr. 544; State v. Leighton, 3 Fost 167. 

§ 972. Gambling apparatus declared a nuisance. 

An article or apparatus maintained or kept in violation of 
flection nine hundred and seventy-one, is a public nuisance. 

Derivrntioa: Penal Code, ft 338. 

§ 073. Keeping gaming and betting establishments. 

Any corporation or association or the officers tliereof or any copar^-- 
nership or individual, who keeps a room, shed, tent, tenement, booth, 
Imilding, float or vessel, or any other enclosure or place, or any part 
thereof, used for gambling, or for any purpose or in any manner for- 
bidden by this article, or for making any wagers or bets made to depend 
rnon any lot, chance, casualty, unknown or contingent event or on the 
future price of storks, bonds, securities, commodities or property of 
miy description whatever or for making any contract for or on account 
of any money, property or thing in action, so bet or wagered^ or being 

203 



§ 974] GAMBLING [Art. 88 

the owner or agent, knowingly lets or permits the same to be so usea, 
is guilty of a misdemeanor. This section shall not be extended so as 
to prohibit or in any manner affect any insurance made in good faith 
^^or the security or indemnity of the party insured and which is not 
r^therwise prohibited by law, nor to any contract on bottomry or respon- 
dentia. (Amended by L. 1910, ch. 487, in effect Sept- 1, 1910.) 

DeriTmtioBi Penal Code, § 343, amended; L. 1889, oh. 428, S 1; L- 1895, 
•ch. 671, 9 1. 

People V. Todd (1889), 61 Hun, 446, 4 N. Y. Supp. 25, 6 K. Y. Cr. 220; 
People V. Wade (1899), 13 N. Y. Cr. 425, 69 N. Y. Supp. 846; Dexter v. Press 
Pub. Co. (1901), 36 Misc. 388, 73 N. Y. Supp. 706; People v. Levoy (1902), 
72 App. Div. 55, 57, 76 N. Y. Supp. 783; People v. Stedeker (1903), 175 N. 
Y. 62, rev*g 75 App. Div. 449, 78 N. Y. Supp. 316; People ex rel. Collins v. 
McLaughlin (1908), 128 App. Div. 605. 

§ 974. Keeping of place for game of policy. 

A person who keeps, occupies or uses, or permits to be kept, 
occupied or used, a place, building, room, table, establishment or 
apparatus for policy playing or for the sale of what are commonly 
called " lottery policies," or who delivers or receives money or 
other valuable consideration in playing policy, or in aiding in the 
playing thereof, or for what is commonly called a " lottery policy," 
or for any writing, paper or document in the nature of a bet, 
wager or insurance upon the drawing or drawn numbers of any 
public or private lottery; or who shall have in his possession, 
knowingly, any writing, paper or document, representing or being 
a record of any chance, share or interest in numbers sold, drawn 
or to be drawn, or in what is commonly called " policy," or in 
the nature of a bet, wager or insurance, upon the drawing or 
drawn numbers of any public or private lottery; or any paper, 
print, writing, numbers, device, policy slip, or article of any kind 
such as is commonly used in carrying on, promoting or playing 
the game commonly called ^' policy;" or who is the owner, agent, 
superintendent, janitor or caretaker of any place, building, or 
room where policy playing or the sale of what are commonly called 
" lottery policies " is carried on with his knowledge or after notifi- 
cation that the premises are so used, permits such use to be con- 
tinued, or who aids, assists, or abets in any manner, in any of the 
offenses, acts or matters herein named, is a common gambler, and 
punishable by imprisonment for not more than two years, and in 
the discretion of the court, by a fine not exceeding one thousand 
dollars or both. 
I^0r£wMt£oMt Penal Code, i 344a, added L. 1W>\, c\i. m, \ \. 

204 



Art. 88] GAMBLING [§§ 975-976 

People ex rel. Wilaon v. Flynn (1902), 72 App. Div. 67, 76 N. Y. Supp. 
293, 16 N. Y. Cr. 491, aff'g 37 Misc. 87, 74 N. Y. Supp. 731, 16 N. Y. Cr. 
280; People v. Adams (1903), 176 N. Y. 351, aff'g 85 App. Div. 390, 83 N. 
Y. Supp. 481; People ex rel. Adams v. Johnson (1904), 44 Misc. 550, 90 N. 
Y. Supp. 134; Matter of Baker (1904), 94 App. Div. 279, 87 N. Y. Supp. 
1022; People ex rel. Schneider v. Hayes (1905), 108 App. Div. 7, 95 N. Y. 
Supp. 471, 19 N. Y. Cr. 611; see also Boyd v. United Stetes, 116 U. S. 616; 
Sute V. Sheridan (Iowa), 96 N. W. 730. 

§ 975. Possession of policy slips. 

The possession, by any person other than a public officer, of any 
writing, paper, or document representing or being a record of any 
chance, share or interest. in numbers sold, drawn or to be drawn, or 
in what is commonly called '' policy," or in the nature of a bet, 
wager or insurance upon the drawing or drawn numbers of any 
public or private lottery, or any paper, print, writing, numbers 
or device, policy slip, or article of any kind, such as is commonly 
used in carrying on, promoting or playing the game commonly 
called " policy," is presumptive evidence of possession thereof 
knowingly and in violation of the provisions of section nine hun- 
dred and seventy-four. 

DeriTmtioBS Penal Code, § 344b, added L. 1901, ch. 190, 9 1. 

People V. Cannon (1893), 139 N. Y. 32, 36 Am. St. Rep. 668, aflf'g 63 Hun, 
306, 18 N. Y. Supp. 26; People ex rel. Wilson v. Flynn (1902), 72 App. Div. 
67, 69, 76 N. Y- Supp. 293, 16 N. Y. Cr. 403, 37 Misc. 87, 74 N. Y. Supp. 
731, 16 N. Y. Cr. 280; People v. Adams (1903), 176 N. Y. 351, aff'g 86 App. 
Div. 390, 83 N. Y. Supp. 481. 



§ 976. Removal of tenants using premises for game of policy. 

Any person having information of any place, building or room 
where policy playing or the sale of what are commonly called 
* lottery policies " is carried on, may serve personally upon the 
owner, landlord, agent, superintendent, janitor or caretaker of the 
premises, so used or occupied, a written notice, requiring the 
owner, landlord, agent, superintendent, janitor or caretaker, to 
make an application for the removal of the person so using or 
occupying the same. If the owner, landlord, agent, superintend- 
ent, janitor or caretaker, does not make such an application within 
five days thereafter, or, having made it, does not in good faith 
diligently prosecute it, the person giving the, notice may make such 
an application^ stating in bis petition, the facts so en\\\\\TX9, Vwxi 
to msire it Such an application has the same eSeet, a^ \i X^^ 

205 



§§ 977-978] GAMBLING [Art. 88 

applicant was the landlord or lessor of the premises. The omis- 
sion, or neglect of the owner, landlord, agent, superintendent, 
janitor or caretaker, to make such an application, or, having made 
it, the omission or neglect to in good faith diligently prosecute it, 
shall be presumptive evidence against the person on whom such 
notice shall be served of a violation of the provisions of section 
nine hundred and seventy-four. And in case the person giving 
said notice shall make an application as hereinbefore provided, 
and a final order shall be made as specified in section twenty-two 
hundred and forty-nine of the code of civil procedure, such order 
shall be evidence of a violation of the provisions of section nine 
hundred and seventy-four by the occupant of said premises and 
by the person on whom the notice herein provided for shall have 
been served. For the purpose of such applications, summary pro- 
ceedings to recover possession of the premises so used or occupied 
may be maintained under the provisions of chapter seventeen, title 
two, of the code of civil procedure. 

DeriTmtioat Penal Code, f 344c, added L. 1901, ch. 190, { 1. 

§ 977. Seizure of gambling implements authorized. 

A person, who is required or authorized to arrest any person 
for a violation of the provisions of this article, is also authorized 
and required to seize any table, cards, dice or other apparatus or 
article, suitable for gambling purposes, found in the possession or 
under the control of the person so arrested, and to deliver the same 
to the magistrate before whom the person arrested is required to 
be taken. 

DeriTmtioat Penal Code, f 345. 

Willis V. Warren, 17 How. Pr. 100, 1 Hilt. 590. 

§ 078. Gambling implements to be destroyed or delivered to 
district attorney. 

The magistrate, to whom any thing suitable for gambling pur- 
poses is delivered pursuant to the last section, must, upon the 
examination of the defendant, or if such examination is delayed 
or prevented, without awaiting such examination, determine the 
character of the thing so delivered to him, and whether it was 
actually employed by the defendant in violation of the provisions 
of this article; and if -he finds that it is of a character suitable for 
gambling purposes, and that it has been used by the defendant in 

200 



Art 88] GAMBLING [§§ 979-981 

violation of this article, he must cause it to be destroyed, or to be 
delivered to the district attorney of the county in which the de- 
fendant is liable to indictment or trial, as the interests of justice 
may, in his opinion, require. 

DMrivatioB: Penal Code, S 346. 

Lawton v. Steele (1890), 119 N. Y. 226, aiTg 5 N. Y. Supp. 953; see also 
Willis V. Warren, 17 How. Pr. 100, 1 Hilt. 590; Lowry v. Rainwater, 70 Mo. 
152, 35 Am. Rep. 420, 21 Alb. L. J. 73; State v. Robbins, 124 Ind. 308, 8 
L R. A. 438. 



§ 070. Gambling implements to be destroyed upon convic- 
tion. 

Upon the conviction of the defendant, the district attorney must 
cause to be destroyed every thing suitable for gambliug purposes, 
in reepect whereof the defendant stands convicted, and which re- 
mains in the possession or under the control of the district attorney. 

DerlTmtioBs Penal Code, S 347. 

Willis V. Warren, 17 How. Pr. 100, 1 Hilt. 590. 

§ 080. Persuading person to visit gambling places. 

A person, who persuades another to visit any building or part 
of a building, or any vessel or float, occupied or used for the 
purpose of gambling, in consequence whereof such other person 
gambles therein, is guilty of a misdemeanor; and in addition to 
the punishment prescribed therefor, is liable to such other person 
in an amount equal to any money or property there lost by him 
at play, to be recovered in a civil action. 

DerlTatioBt Penal Code, { 348. 

People V. Todd (1889), 6 N. Y. Cr. 222, 4 N. Y. Supp. 25. 

§ 081. Duty of masters to suppress gambling on board their 
vessels. 

If the commander, owner or hirer of any vessel or float, knov;-^ 
ingly permits any gambling for money or property on board sucL 
vessel or float, or if he does not, upon his knowledge of the fac!;. 
immediately prevent the same, he is punishable by a fine not ex- 
ceedingly five hundred dollars; and in addition thereto is liable 
to any party losing money or property by means of gambling in 

207 
U 



§§ 982-984] GAMBLING [Art. 88 

violation of this section, in a sum equal to the money or properly, 
to be recovered in a civil action. 

DeilTmtion» Penal Code, S 350. 

People v. Todd (1889), 6 N. Y. Cr. 222, 4 N. Y. Supp. 2S. 

§ 082. Keeping slot machines. 

Any person who has in his possession, or under his control, or 
who permits to be placed, maintained or kept in any room, spacCi 
inclosure or building, owned, leased or occupied by him, or under 
his management or control, any machine, apparatus or device, into 
which may be, or might have been, inserted any piece of money 
or other object, and from which, as a result of such insertion, or 
as a result of such insertion and the application of physicial or 
mechanical force, may issue, or might have issued, any piece or 
pieces of money, or any check or memoranda calling for any 
money, and which machine, apparatus or device is commonly 
known as a slot machine, is guilty of a misdemeanor. 

DeriTmtioni Penal Code, § 337a, added L. 1899, ch. 655, | 1. 

§ 083. Seizures of slot machines and arrest of person in pos- 
session. 

It shall be th? dutv of everv officer authorized to make arrests 
to seize every machino, apparatus or device answering to the de- 
scription contained in the last section and to arrest the person 
actually or apparently in possession or control thereof or of the 
premises in which the same may be found, if any such person be 
present at the time of the seizure, and to bring the machine, ap- 
paratus or device, and the prisoner, if there be one, before a 
committing magistrate. 

DeriTAtion: Ponal Code, § 337b. added L. 1809, ch. 655. 

§ 084. Destruction of slot machines by magistrates. 

The magistrate before whom any machine, apparatus or device 
is brought pursuant to the last section must, if there be a prisoner, 
and if he shall hold such prisoner, cause the machine, apparatus 
or device to be delivered to the district attorney of the county 
to be used as evidence on the trial of the said prisoner. If there 

208 



Art. 88] GAilBLIXG [§§ OS.Vf) r; 

he no prisoner or if the magistrate does not hold the prisoner, he must 

cau>e the immediate destruction of the machine, apparatus or device. 
DeriTatioBS Penal Code, § 337c, added L. 1899, ch. 655, § 1. 

• 

§ 985, Destruction of slot machines by the trial court. 

It shall be the duty of the district attorney of the county to see that 
every pjerson held in pursuance of the last section shall be brought to 
trial within thirty days from tlie date of his final examination before 
the magistrate ; and the machine, apparatus or device shall be produced 
ia court on the trial. It shall be the duty of the trial court, after the 
disposition of the case, and whether the defendant be convicted, ac- 
quitted or fails to appear for trial, to cause the immediate destruction 

of the machine, apparatus or device. 
Deri¥mtioBS Penal Ckxle, § d37d, added L. 1899, ch. 655, § 1. 

§ 985-a. Disposition of contents of destroyed slot machine. 

The officer destroying a slot machine pursuant to the provisions of 
s.vtions nine hundred and eighty-four and nine hundred and eighty- 
iive of this chapter shall pay over any moneys found therein to the 
\v)\\ce pension fund of the city in which such destruction ooi.'urs, or, if 
there be no such fund or such destruction occurs in anv town outside 
of a city, such money shall be paid into the poor fund of such town or 
city. If such machine have contents of value other than money, the 
saint^ sliall be sold by the officer destroying the machine and the pro- 
(wls disposed of as above provided for the disposition of monev con- 
tents. (Added by L. 1917, ch. 188, in effect Sept. 1, 1917.) 

§ 886. Pool'Selling, book-making, bets and wagers. 

Any person who engages in pool-soiling, or book-making, with, or 
I ^itiiout writing at any time or place; or any person who keeps or occu- 
pif^ any room, shed, tenement, tent, booth, or buildinir, float or vessel, 
or any part thereof, or who occupies any place or stand of any kiiul, 
u|>on any public or private grounds, within this state, with books, 
j>apers, apparatus or paraphernalia, for the purpose of recording or 
rei(istering bets or wagers, or of selling pools, and any ptu-son wl;o 
rwords or registers bets or wagers, or sells pools or makes book, with, or 
without writing upon the result of any trial or contest of skill, speiMl or 
jKiwer of endurance, of man or beast, or upon the result of any political 
nomination, appointment or election; or upon the result of any lot, 
liiauL-e, casualty, unknown or contingent event whatsoever; or any per- 
son who receives, regi.sters, records or forwards, or purports or pre- 
i^tv.ih to receive, register, record or forward, in any manner wliat- 
<oever, any money, thing or consideration of vnluo, hot or wa.irorod, 
or olTored for the purpose of being bet or wagered, by or for any othor 
person, or sells pools, upon any such result ; or any person w'lo, being 
the ov/ner, lessee or occupant of any room, shcil, tenement, tent, booth 
or building, float or vessel, or part thereof, or of any grounds witliin 
tliis state, knowingly permits the same to be used or occupied for any 
of these purposes, or therein keeps, exhibits or employs any device or 

200 



§ 987] GAMBLING [Art 88 

apparatus for the purpose of recording or registering such bets or 
wagers, or the selling of such pools, or becomes the custodian or de- 
positary for gain, hire or reward, of any money, property or thing of 
value, staked, wagered or pledged, or to be wagered or pledged upon 
any sucli result ; or any person who aids, assists or abets in any manner 
in any of the said acts, which are hereby forbidden, is guilty of a mis- 
■vlcnieanor, and upon conviction is punishable by imprisonment in a 
penitentiary or county jail for a period of not more than one year. 

(Amended by L. 1910, ch. 488, in effect Sept. 1, 1910.) 

DerlTmtion: Penal Code, § 351, as amended L. 1895, oh. 572^; L. 1901, ch. 
636; L. 1908, cK 607. 

People V. Bauer (1885), 37 Hun, 407, 3 N. Y. Cr. 433; People v. Kelljr 
(1885), 3 N. Y. Cr. 272, 22 Week. Dig. 64; People ex rel. Ottolengui t. Bar- 
bour (1887), 5 N. Y. Cr. 384; Brennan v. Brighton Beach Assn. (1890), 59 
Hun, 188, 9 N. Y. Supp. 220; De Lacy v. Adams (1893), 3 Misc. 432, 23 K- 
Y. Supp. 297; Gideon v. Dwyer (1895), 87 Hun, 246, 254, 33 N. Y. Supp. 754 j 
People V. Cleary (1895), 13 Misc. 546, 35 N. Y. Supp. 588; People ex rel. 
Weaver v. Van De Carr (1896), 160 N. Y. 439, aflF'g 7 App. Div. 608, 39 M". 
Y. Supp. 581; Grannan v. Westchester, etc., Assn. (1897), 16 App. Div. 9, 
44 N. Y. Supp. 790; People ex rel. Sturgis v. Fallon (1897), 162 N. Y. 1, 
12 N. Y. Cr. 273; People v. Levoy (1902), 72 App. Div. 55, 16 N. Y. Cr. 496. 
76 N. Y. Supp. 783; People ex rel. Clifton v. DeBragga (1902), 73 App. Div. 
679, 17 N. Y. Cr. 12, 77 N. Y. Supp. 7; People ex rel. Allen v. Hagan (1902) . 
170 N. Y. 46, 16 N. Y. Cr. 309; People v. Stedeker (1902), 76 App. Div. 460, 
78 N. Y. Supp. 316, rev'd 176 N. Y. 57; People v. Shannon (1903), 87 App. 
Div. 32, 17 N. Y. Cr. 632, 83 N. Y. Supp. 1061; People v. McCue (1903), 87 
App. Div. 72, 83 N. Y. Supp. 1088, 17 N. Y. Cr. 634; People ex rel. Sterling 
V. Sheriff (1908), 60 Misc. 326; People v. Ebel (1904), 98 App. Div. 270, 90 
N. Y. Supp. 628; People v. Corbalis (1904), 178«N. Y. 616, rev'g 86 App. Div. 
631, 83 N. Y. Supp. 782; People v. Canepi (1906), 181 N. Y. 400, 19 N. Y. 
Cr. 384, rev'g 93 App. Div. 379, 87 N. Y. Supp. 773; Cranshaw v. McAdoo 
(1906), 47 Misc. 420, 421, 94 N. Y. Supp. 386; Matter of CuUen v. N. Y. Tel. 
Co. (1906), 106 App. Div. 260, 251, 94 N. Y. Supp. 290; Matter of Joerni 
(1906), 61 Misc. 396, 100 N. Y. Supp. 603; Stevens v. McAdoo (1906), 112 
App. Div. 469, 98 N. Y. Supp. 653; Cleary v. McAdoo (1906), 113 App. Div. 
179, 99 N. Y. Supp. 60; Devlin v. McAdoo (1906), 116 App. Div. 226, 101 N. 
Y. Supp. 646; Murray v. Interurban St. Ry. Co. (1907), 118 App. Div. 87. 
102 N. Y. Supp. 1026; People ex rel. Collins v. McLaughlin (1908), 128 App. 
Div. 601, 60 Misc. 307; see also Corrigan v. Coney Island Jockey Chib, 27 
Abb. N. C. 300; Gibbons v. Gouvemeur, 1 Den. 170. 

§ 987. Racing animala for stake. 

All racing or trial of speed between horses or other animals 
for any bet, stake or reward, except such as is allowed by special 
laws, is a public nuisance; and every person acting or aiding 
therein, or making or being interested in any such bet, stake or 
reward is guilty of a misdemeanor ; and in addition to the penalty 
prescribed therefor, he forfeits to the oeoole of this state, all titlti 

210 



Art. 88] GAMBLING [§§ 988-990 

or interest in any animal used with his privity in such race or 
trial of speed, and in any sum of money or other property betted 
or staked upon the result thereof. 

DwtTatioB: Penal Code, § 352. 

liattef of Dwyer (1894), 14 Misc. 204, 35 N. Y. Supp. 884, 87 Hun. 254; 
People ex rel. Lawrence v. Fallon (1897), 152 N. Y. 12, aff*g 4 App. Div. 82, 
39 N. Y. Supp. 865; French v. Matteson (1901), 34 Misc. 426, 69 N. Y. Supp. 
M9; Moulton v. Westchester Racing Assn. (1904), 42 Misc. 487, 491, 84 N. 
Y. Supp. 871. 

§ S88. Cheating at gambling. 

A person who, by any fraud, or false pretense whatsoever, while 
playing at any game, or while having a share in any wager played 
for, or while betting on the sides or hands of such as play, wins, 
or acquires to himself, or to any other, a sum of money or other 
valuable thing, is guilty of a misdemeanor. 

DwiTmtioB: Penal Code, § 339. 

People ex rel. CoUins v. McLaughlin (1908), 60 Misc. 310; Gilpin v. Daly 
(1891), 59 Hun, 418, 13 N. Y. Supp. 390; People ex rel. Collins v. McLaugh- 
lin (1908), 128 App. Div. 605; see also Roocwood v. Oakfield, 2 N. Y. St. 335. 

§ 089. Forfeiture for exacting payment of money won at 
gambling. 

A person who exacts or receives from another, directly or in- 
directly, any money or other valuable thing, by reason of the same 
liaving been won by playing at cards, faro, or any other game of 
chance, or any bet or wager whatever upon the hands or sides of 
players, forfeits five times the value of the money or thing so 
exacted or received, to be recovered in a civil action, by the persons 
charged with the support of the poor in the place where the offense 
was committed, for the benefit of the poor. 

DeriTmtioax Penal Code, $ 340. 

§ 990. Penalty for winning or losing twenty-five dollars or 
upwards. 

A person who wins or loses at play or by betting, at any time, 

the sum or value of twenty-five dollars or upwards, within the 

space of twenty-four hours, is punishable by a fine not less than 

■ five times the value or sum so lost or won, to be recovered in a civil 

action, by the persons charged with the support of the poor in 

211 



§§ 991-993] GAMBLING [Art. 88 

the place where the offense was committed, for the benefit of the 
poor. 

DeriTmtioat Penal Code, § 341. 

Gideon v. Dwyer (dissenting opinion) (1895), 87 Hun; 266, 38 N. Y, Supp. 
754; People ex rel. Collins v. McLaughlin (1908), 128 App. Div. 605; see 
also Arrieta v. Morrissey, 1 Abb. Pr. ( N. S. ) 439 ; Longworthy v, Bromley, 29 
How. Pr. 92. 

§ 991. Illegal wagers, bets and stakes. 

All wagers, bets or stakes, made to depend upon any race, or 
upon any gaming by lot or chance, or upon any lot, chance, 
casualty, or unknown or contingent event whatever, shall be un- 
lawful. 

DeriTAtiont 1 R. S. 602, § 8, in part. For remainder of section, sea 
9 992, post, 

§ 992. Contracts on account of money or property wagered 
bet or staked are void. 

All contracts for or on account of any money or property, or 
thing in action wagered, bet or staked, as provided in the preceding 
section, shall be void. 

DeriTAtion: 1 R. S. 662, § 8, in part. For remainder of section, see 

§ 991, ante. 

§ 993. Securities for money lost at gaming void. 

All things in action, judgments, mortgages, conveyances, and 
every other security whatsoever, given or executed, by any person, 
where the whole or any part of the consideration of the same 
shall be for any money or other valuable thing won by playing 
at any game w^hatsoever, or won by betting on the hands or sides 
of such as do play at any game, or where the same shall be made 
for the repaying any money knowingly lent or advanced for the 
l)urpose v^f such gaming or betting aforesaid, or lent or advanced 
at the time and place of such play, to any person so gaming or 
betting aforesaid, or to any person who, during such play, shall 
])lay or bet, shall be utterly void, except where such securities, 
conveyances or mortgages shall affect any real estate, when the 
same shall be void as to the grantee therein, so far only as here- 
inafter declared. 

When any securities, mortgages or other conveyances, executed * 
for the whole or part of any consideration sj)ecified in the pre- 

212 



Art 88J GAMBLING [§§ 994-995 

ceding paragraph shall affect any real estate, they shall inure for 

the aole benefit of such person as would be entitled to the said real 

estate, if the grantor or person incumbering the same, had died, 

immediately upon the execution of such instrument, and shall be 

deemed to be taken and held to and for the use of the person who 

would be so entitled. All grants, covenants and conveyances, for 

preventing such real estate from coming to, or devolving upon, 

the person hereby intended to enjoy the same as aforesaid, or in 

any way incumbering or charging the same, so as to prevent such 

person from enjoying the same fully and entirely, shall be deemed 

fraudulent and void. 

DeHTation: 1 R. S. 603, 8fi 1617. 

§ 994. Property staked may be recovered. 

Any person who shall pay, deliver or deposit any money, prop- 
erty or thing in action, upon the event of any wager or bet pro- 
hibited, may sue for and recover the same of the winner or person 
to whom the same shall be paid or delivered, and of the stake- 
iolder or other person in whose hands shall be deposited any such 
wager, bet or stake, or any pait thereof, whether the same shall 
lave been paid over by such stakeholder or not, and whether any 
such wager be lost or not. 

DeHTationi 1 R. S. 602, 9 9. 

§ 995. Losers of certain sums may recover them. 

Every person who shall, by playing at any game, or by betting 
on the sides or hands of such as do play, lose at any time or 
sitting, the sum or value of twenty-five dollars or upwards, and 
shall pay or deliver the same or any part thereof, may, within 
three calendar months after such payment or delivery, sue for 
and recover the money or value of the things so lost and paid 
or delivered, from the winner thereof. 

In case the person losing such sum or value shall not, within 
the time aforesaid, in good faith and without collusion, sue for 
the sum or value so by him lost and paid or delivered, and pros^ 
cute such suit to effect without unreasonable delay, the overseers 
of the poor of the town where the offense was committed, may 
sue for and recover the sum or value so lost and paid, together 
with treble the said sum or value, from the winner thereof, foi 
the benefit of the poor. 

]>OTlTmtl«at 1 R. 8. 662-663, 88 U16. 

21S 



§§ 996-997] GAMBLING [Art 88 

§ 996. Witnesses' privileges. 

1. No person shall be excused from attending and testifying, 
or producing any books, papers or other documents before any 
court or magistrate, upon any investigation, proceeding or trial, 
for a violation of any of the provisions of this article, upon the 
ground or for the reason that the testimony or evidence, document- 
ary or otherwise, required of him may tend to convict him of a 
crime or to subject him to a penalty or forfeiture ; but no person 
shall be prosecuted or subjected to any penalty or forfeiture for 
or on account of any transaction, matter or thing concerning whicb 
he may so testify or produce evidence, documentary or otherwise, 
and no testimony so given or produced shall be received agains't 
him upon any criminal investigation or proceeding. 

2. Any person offending against any of the provisions con- 
tained in section nine hundred and ninety-one of this article, who 
shall be admitted and examined as a witness, in anv court of 
record, to sustain any suit or prosecution authorized by sections 
nine hundred and ninety-four and nine hundred and ninety-five, 
may be discharged by the court from all penalties by reason of 
such offense, if such person has not before been convicted thereof, 
or of a similar offense, and if it appear to the court satisfactorily, 
that such person was duped or enticed into the commission of the 
ofTonse, by those against whom he shall testify. 

Derivation: Subd. 1, Penal Code, 9 342, as amended L. 1904, ch. 649. 
Subd. 2, 1 R. S. 664, 8 21. 

People ex rel. Lewisohn v. O'Brien (1903), 176 N. Y. 263, aff'g 81 App. 
Div. 51, rev*g 39 Misc. 460, 80 N. Y. Supp. 816; People ex rel. Lewisohn v. 
Court of Gen. Sessions (1904), 96 App. Div. 201, 89 N. Y. Supp. 364, aff*d 
179 N. Y. 594; Matter of Birdsall (1905), 49 Misc. 56, 96 N. Y. Supp. 462. 

§ 007. Officers directed to prosecute offenses. 

It is the duty of all sheriffs, constables, police officers, and 
j)rosecuting or district attorneys to inform against, and prosecute, 
all persons whom they have reason to believe offenders against the 
])rovisions of this article; and any omission so to do is punishable 
by a fine not exceeding five hundred dollars. 

DeriTatlomi Penal Code, § 349. 



214 



Art. 90] HABITUAL CRIMINALS [§§ 1020-1022 



ABTIOIiE 90. 

HABITUAL CBIMIK AL8. 

BicnoH 1020. When a person may be adjudged an habitual criminal. 
1021. Person of habitual criminal subject to supervision. 
1 1 1022. Eifect of pardon of habitual criminal. 

§ 1020. When a person may be adjudged an habitual crim- 
inal 

Where a person is hereafter convicted of a felony, who has been, 
before that conviction, convicted in this state, of any other crime, 
or where a person is hereafter convicted of a misdemeanor who 
has been already five times convicted in this state of a misde- 
meanor, he may be adjudged by the court, in addition to any other 
punishment inflicted upon him, to be an habitual criminal. 

DsrlTatioBs Penal Ckxie, t 690. 

People ex rel. Sloane v. Fallon (1899), 27 Misc. 19, 57 N. Y. Supp. 931, IS 
K. Y. Cr. 429, 663; see also People v. McCarthy, 45 How. Pr. 97. 

§ 1021. Person of habitual criminal subject to supervision. 

The person of an habitual criminal shall be at all times subject 
to the supervision of every judicial magistrate of the county, and 
of the supervisors and overseers of the poor of the town where the 
criminal may be found, to the same extent that a minor is subject 
to the control of his parent or guardian. 

Penal Code, § 691. 



K 



§ 1022. Effect of pardon of habitual criminal. 

The governor may grant a pardon which shall relieve from judg- 
ment of habitual criminality as from any other sentence ; but upon 
a subsequent conviction for felony of a person so pardoned, a 
judgment of habitual criminality may be again pronounced on 
aooount of the first conviction, notwithstanding such pardon. 

DerlTAtioBs Penal Code, § 692. 

People V. Price (1890), 119 N. Y. 650, 53 Hun, 188, 6 N. Y. Supp. 833, 6 
K. Y. Cr. 141 ; Roberts v. SUte (1899), 160 N. Y. 217, aff'g 30 App. Div. 106, 
11 N. Y. Supp. 691. 



815 



§ 1080] HAZING [Art 



ARTICLE 9S. 
HAzmo. 

fiBcnoif 1030. Haang prohibited. 

§ 1030. Hazing prohibited. 

It shall be unlawful for any person to engage in or aid or ab 
what is commonly called hazing, in or while attending any of tli 
colleges, public schools or other institutions of learning in thi 
state, and whoever participates in the same shall be deemed guilt 
of a misdemeanor, and upon conviction shall be fined not less tha: 
ten dollars nor more than one hundred dollars, or imprisonmen 
not less than thirty days nor more than one year, or both, at th 
discretion of the court. 

Whenever any tattooing or permanent disfigurement of the bodj 
limbs or features of any person may result from such hazing, b; 
the use of nitrate of silver or any like substance, it shall be hel( 
to be a crime of the degree of mayhem, and any person guilty o 
the same shall, upon conviction, be punished by imprisonment fo: 
not lees than three nor more than fifteen years* 

BerlTatloai L. 1894, ch. 265. 



^1« 



Art. 94] HOMICIDE [§§ 1040-1041 



ARTICLE 04. 

HOMICIDE. 

fiicno5 1040. Common law petit treason is homicidti 

1041. What proof of death is required. 

1042. Homicide defined. 

1043. DifTerent kinds of homicide. 

1044. Murder in first degree defined. 

1045. Punishment for murder in first degree. 

1046. Murder in second degree defined. 

1047. Duel fought out of this state. ^ 

1048. Punishment for murder in the second degret. 

1049. Manslaughter defined. 

1050. Manslaughter in first degree. 

1051. Punishment for manslaughter in first degree. 

1052. Manslaughter in second degree defined. 

1053. Punishment for manslaughter in second degree. 

1054. Excusable homicide. 

1055. Justifiable homicide. 

§ 1040. Common law petit treason is homicide. 

The rules of the common law, distinguishing the killing of a 
master by his servant, and of a husband by his wife, as petit 
treason, are abolished; and those homicides are punishable, when 
^ot justifiable or excusable^ as prescribed by this chapter. 

Derivatlomi Penal Code, S 182. 

§ 1041. What proof of death is required. 

Xo person can be convicted of murder or manslaughter unless 
the death of the person alleged to have been killed and the fact of 
tilling by the defendant, as alleged, are each established as inde- 
pendent facts; the former by direct proof, and the latter beyond 
treasonable doubt 

DeriTatlomi Penal Code, § }81, as amended L. 1882, ch. 384. 

Kttloff V. People (1858), 18 N. Y. 179, rev'g 3 Park, 401; People v. Schryver 
'^870), 42 N. Y. 1, 1 Am. Rep. 480, overruling Patterson v. People, 46 Barb. 
•^; People v. Bennett (1872), 49 N. Y. 137; People v. Palmer (1888), 100 
^Y. 110, rev'g 46 Hun, 479; People v. Deacons (1888). 109 N. Y. 374, 16 
^•E. 676, note; People v. Beckwith (1888), 108 N. Y. 68, aiT'g 46 Hun, 222, 
'K. Y. Cr. 140; Ptople v. (VNeil (1888), 109 N. Y. 251; People y. Benham 
<li»), 160 N. y. 402, 14 N. Y. Cr. 207; People v. Tobin (1903), 176 N. Y. 
^i Ptopk T. Sgnor (1908), 175 N. Y. 430, 17 K. Y. Cr. 808; Poo^U ^« 

217 



§§ 1042-1044] HOMICIDE [Art 94 

Patrick (1905), 182 N. Y. 131; see also People v. Badgley, 16 Wend. 63; 
People V. Hennessy, 15 Wend. 147; People v. Minisci, 12 N. Y. St. 720; Peopli 
V. Wilson, 3 Park, 199; Matthews v. SUte, 65 Ala. 187, 28 Am. Rep. 898; 
Lee V. State, 76 Ga. 498; State v. German, 54 Mo. 526, 14 Am. Rep. 481; 
State V. Moran (Oreg.), 14 Pac. 419; Davis Case, 3 C. H. Rec. 46. 

§ 1042. Homicide defined. 

Homicide is the killing of one human being by the act, pro- 
curement or omission of another. 

DeriTAtlom: Penal Code, § 179. 

Fitzgerrold v. People (1868), 37 N. Y. 413, aff'g 49 Barb. 122; Buel ▼. 
People (1879), 78 N. Y. 498, aff'g 18 Hun, 487; Peopje v. Giblin (1889), 116 
N. Y. 196, 7 N. Y. Cr. 130; People v. Greenwall (1889), 116 N. Y. 623; People 
V. Downs (1890), 123 N. Y. 658; People v. Young (1906), 96 App. Div. 33, 
88 N. Y. Supp. 1063, 18 N. Y. Cr. 443. 

§ 1043. Different kinds of homicide. 

Homicide is: 

1. Murder; or, 

2. Manslaughter; or, 

3. Excusable homicide ; or, 

4. Justifiable homicide. 

DeriTatioiii Penal Code, S 180. 

People V. Young (1904), 96 App. Div. 33, 88 N". Y. Supp. 10«8, 18 H. Y. •, 
Cr. 443; Matter of Joems (1906), 61 Misc. 396, 100 N. Y. Supp. 605. 

§ 1044. Murder in first degree defined. 

The killing of a human being, unless it is excusable or jnstifi* ; 
able, is murder in the first degree, when committed : 

1. From a deliberate and premeditated design to effect the death j 
of the person killed, or of another; or, 

2. By an act imminently dangerous to others, and evincing t - 
depraved mind, regardless of human life, althou^ without a pre--' 
meditated design to effect the death of any individual ; or without ' 
a design to effect death, by a person engaged in the commission of, 
or ill an attempt to commit a felony, either upon or affecting thea 
person killed or otherwise; or, 

3. When perpetrated in committing the crime of arson in the f 
first degree. '- 

4. A person who wilfully, by loosening, removing or displacing | 
a rail, or by any other interference, wrecks, destroys or so injtmt ^ 

218 



Art 94] HOMICIDE [§ 1044 

iny «ar,' tendep, locomotive or railway train, or part thereof, while 
moving upon any railway in this state, whether operated by steam, 
electricity or other motive power, as to thereby cause the death of 
a human being, is guilty of murder iu the first degree, and punish- 
able accordingly. 

DeriTAtioxi: Penal Code, $ 183, as amended L. 1882, cli. 384, § 1; also. 
Penal Code, § 183a, added L. 1897, ch. 548, § 1. 

Stokes V. People (1873), 53 N. Y. 164; Abbott v. People (1881), 86 N. Y. 

460, arg 12 W. Dig. 282; Moett v. People (1881), 85 N. Y. 373, aff*g 23 

Hun, 60; Greenfield v. People (1881), 85 N. Y. 75, 39 Am. Rep. 636, aff'g 23 

Hud, 154; People v. Jackson (1888), 111 N. Y. 362; People v. Giblin (1889), 

115 N. Y. 198, 7 N. Y. Or. 132; People v. Kelly (1889), 113 N. Y. 647, 7 N. 

I Y. Cr. 48; People v. Carlton (1889). 115 N. Y. 618; People v. Smith (1890), 

! 121 X. Y. 579, aff'g 7 N. Y. Supp. 953; People v. Trezza (1800), 125 N. Y. 

740; People v. Fish (1890), 125 N. Y. 136; People v. Osmond (1893), 138 

y Y. 80; People v. Webster (1893), 68 Hun, 11, 22 N. Y. Supp. 634; People 

▼.Johnson (1803), 139 N. Y. 368; People v. Feigenbaum (1895), 148 N. Y. 

616, 12 N. Y. Cr. 65; People v. Cassata (1896), 6 App. Div. 386, 39 N. Y. 

S^pp. 641; People v. Scott (1897), 163 N. Y. 40, 12 N. Y. Cr. 374; People v. 

f^thprland (1897), 154 N. Y. 345. 12 N. Y. Cr. 495; People v. Place (1898), 

157 X. Y. 584; People v. McDonald (1899), 150 N. Y. 314; People v. Ferraro 

(1S99). 161 X. Y. 365; People v. Kennedy (1800), 150 N. Y. 346; People v. 

DeGarmo (1902), 73 App. Div. 46, 76 X. Y. Supp. 477; People v. Flanigan 

(1903). 174 N. Y. 366, 17 N. Y. Cr. 312; People v. Sullivan (1903), 173 N. 

Y. 127; People v. Wheeler (1903), 79 App. Div. 396, 79 N. Y. Supp. 454; 

Paty V. Emery (1904), 96 App. Div. 33, 88 N. Y. Supp. 1063, 18 N. Y. Cr. 

443; People v. Summerfield (1905), 48 Misc. 242, 06 N. Y. Supp. 502, 19 N. 

V. Cr. 507; People v. Dinser (1005), 40 Misc. 82, 08 N. Y. Supp. 314; People 

V. Hunter ( 1900), 184 N. Y. 237, 20 N. Y. Cr. 37, 38; People v. Dinser (1908), 

m N. Y. 80, aff'g 121 App. Div. 738, 106 N. Y. Supp. 495; see also People v. 

Unb, 2 Abb. Pr. (N. 8.) 148, 154. 

tmbd, 1.— People v. Clark (1862), 7 N. Y. 385; People v. Walworth 

(1873), 4 N. Y. Cr. 360; People v. Majone (1883), 91 N. Y. 211, afT'g 12 

AJtib, S. C. 187; People v. Comet ti (1883), 92 N. Y. 86; People v. Mangano 

(1883), 29 Hun, 259, 1 N. Y. Cr. 211; Leighton v. People (1882), 88 N. Y. 

117, 10 Abb. N. C. 261; People v. Conroy (1884), 97 N. Y. 62, 2 N. Y. Cr. 

US; People V. Beckwith (1886), 103 N. Y. 360, 108 N. Y. 67; People ▼. 

Dnwe (1886), 5 N. Y. Or. 11; People v. Kiernan (1886), 4 N. Y. Cr. 88, 

101 X. Y. 618; People v. Van Brunt (1888), 108 N. Y. 656; People v. Haw- 

kiat (18SS), 100 N. Y. 408; People v. Deacons (1888), 1()9 N. Y. 373; People 

▼.Lewis (1889), 7 N. Y. Or. 140; People v. Wilson (1894), 141 N. Y. 186; 

Pteople v. Barberi (1896), 149 N. Y. 256; People v. Conroy (1897), 153 N. Y. 

174; People v. ConaUntino (1897), 153 N. Y. 24; People v. Hughson (1897), 

IM X. Y. 153; People v. Decker (1898), 167 X. Y. 186; People v. Pullerson 

(18M), 159 N. Y. 339; People v. Meyer (1900), 162 N. Y. 367; People v. 

temidt (1001), 168 N. Y. 668; People ▼. Pugh (1901), 167 N. Y. 524; People 

HffllipdH <1002), 17S N. T. 500; People v. Koenig (1004), 180 N. Y. IM; 

219 



§§ 1046-1047] HOMICIDE [Art. 94 

People V. Rimieri (1904), 180 N. Y. 163; People v. Raffo (1904), IW N. Y. 
434; People v. Breen (1905), 181 N. Y. 493; People v. Silverman (1905), 181 
N. Y. 236; People v. Nelson (1907), 189 N. Y. 137; People v. Bonier (1907), 
189 N. Y. 108; People v. Wenzel (1907), 189 N. Y. 275; People v. Gillttte 
(1908), 191 N. Y. 107; People v. Strollo (1908), 191 N. Y. 42; see also P«d- 
pie V. Devine, 1 Edm. Sel. Cas. 594; People v. Sullivan, 2 Edm. Sel. Cas. 277; 
People V. Clark, 2 Edm. Sel. Cas. 273. 

Snbd. 2.— People v. Gallo (1896), 149 N. Y. 106; see also People v. Htyn, 
1 Edm. Sel. Cas. 582; People v. Doyle, 2 Edm. Sel. Cas. 258. 

Snbd. .3.— Fitzgerrold v. People (1868), 37 N. Y. 413, aff'g 49 Barb. 122; 
Ruloff V. People (1871), 45 N. Y. 213, aff'g 5 Lans. 261; Buel v. Peopte 
(1879), 78 N. Y. 492, aff'g 18 Hun, 487; Cox v. People (1880), 80 N. Y. 602. 
aff'g 19 Hun, 430; People v. Cole (1883), 2 N. Y. Cr. 109; People v. Sweeney 
(1886), 4 N. Y. Cr. 283, 284, 41 Hun, 340; People v. Willett (1886), 102 N. 
Y. 251; People v. Johnson (1888), 110 N. Y. 134; People v. Greenwall (1889), 
115 N. Y. 523, 7 N. Y. Cr. 290; People v. Giblin (1889), 115 N. Y. 196, 7 N. 
Y. Cr. 130; People v. Pallister (1893), 138 N. Y. 601; People v. Miles (1894), 
143 N. Y. 383; People v. Meyer (1900), 162 N. Y. 357; People v. Wise (1900), 
163 N. Y. 440; People v. Sullivan (1902), 173 N. Y. 122, 17 N. Y. Cr. I8O5 
People v. Young (1903), 40 Misc. 256, 81 N. Y. Supp. 967; People v. Flwd- 
gan (1903), 174 N. Y. 357; People v. Dankberg (1904), 91 App. Div. 67, W 
N. Y. Supp. 423; People v. Huter (1906), 184 N. Y. 237. 

Snbd. 4.— People v. Greenwall, 115 N. Y. 524, 7 N. Y. Cr. 810. 

§ 1045. Punishment for murder in first degree. 
Murder in the first degree is punishable by death. 

DeriTation: Penal Code, § 186. 

§ 1046. Murder in second degree defined. 

Such killing of a human being is murder in the second degrees 
when committed with a design to effect the death of the perfloll 
killed, or of another, but without deliberation and premeditatioiu 

DeriTatioxi: Penal Code, § 184. 

People V. Walworth (1873), 4 N. Y. Cr. 355; McKenna v. People (1880), 
81 N. Y. 360, rev'g 18 Hun, 580; People v. Donovan (1885), S N. Y. Cr. 79; 
People V. Hill (1888), 49 Hun, 434, 3 N. Y. Supp. 564; People v. Hoch 
(1896), 160 N. Y. 293; People v. Martin (1898). 33 App. Div. 282, 63 N. Y 
Supp. 745; People v. Sullivan (1903), 173 N. Y. 122, 130; People v. Youii| 
(1904). 96 App. Div. 33, 88 N. Y. Supp. 1063; Petty v. Emery (1904), W 
App. Div. 35, 88 N. Y. Supp. 1063, 18 N. Y. Cr. 443; People v. Dineer (1908) 
192 N. Y. 80, aff'g 121 App. Div. 738, 106 N. Y. Supp. 495; see also People t 
Sheriff of Westchester, 1 Park, 659 ; People v. Skeehan, 49 Barb. 217. 

§ 1047. Duel fought out of this state. 
A peraon wbo> by previous appointment made within the state 

220 



Art »4] HOMICIDE [§§ 1048-1050 

fi^U a duel without the state, and in so doing inflicts a wound 
upon his antagonist, whereof the person injured dies; or who en- 
gages or participates in such a duel, as a second or assistant to 
either party, is guilty of murder in the second degree, and may 
be indicted, tried and convicted in any county of this state. 

DeiiTatioms Penal Code, S 185. 

People V. Rochester Ry. & Light Co. (1908), 59 Mi8C. 351, 112 N. Y. Supp. 
362. 

§ 1048. Punishment for murder in the second degree. 

Murder in the second degree is punishable by imprisonment 
under an indeterminate sentence, the minimum of which shall be 
twenty years and the maximum of which shall be for the offender's 
natural life; and any person serving a term of imprisonment for 
life, under an original sentence for murder in the second degree, 
on the first day of September, nineteen hundred and seven, shall 
s| be deemed to be thereafter serving under such an indeterminate 
sentence. 

DerlTatloBt Penal Code, § 187, as amended L. 1907, ch. 738. 

§ 1049. Manslaughter defined. 

In a case other than one of those specified in sections ten him- 
dred and forty-four, ten hundred and forty-six and ten himdred 
ind forty-seven, homicide, not being justifiable or excusable, is 
manslaughter. 

Dertratioms Penal Code, S 188. 

People V. Sullivan (1852), 7 N. Y. 396; Evans v. People (1872), 49 N. Y. 
86; People v. Cole (1883), 2 N. Y. Cr. 108; People v. Beckwith (1886), 103 
jr. Y. 360, 6 N. Y. Cr. 228; People v. McCarthy (1888), 110 N. Y. 310, aff'g 
47 Hun, 491; People v. Hill (1888), 49 Hun, 432, 3 N. Y. Supp. 564; see also 
People V. Austin, 1 Park. 291; Beale's Case, 6 City Hall Rec. 59; People v. 
Butler, 3 Park, 377 ; People v. Cole, 4 Park, 35 ; People v. Devine, 1 Edm. Sel. 
Cas. 594; People v. Fitzsimmons, 34 N. Y. Supp. 1102; People v. Fuller, 2 
Park, 16; Goodwin's Case, 5 City Hall Rec. 52; Goodwin's Case, 6 City Hall 
Rec. 9; People v. Hammill, 2 Park, 223; McCann v. People, 6 Park, 629; Pat- 
terson's Case, 3 City Hall Rec. 145; People v. Ryan, 2 Wheel. Cr. Cas. 47; 
People V. Tannan, 4 Park, 514; People v. Waltz, 50 How. Pr. 204; Wilson v. 
People, 4 Park, 619. 

§ 1050. Manslaughter in first degree. 

Such homicide is manslaughter in the first degree, when com- 
mitted without a design to effect death : 
1. By a person engaged in committing, or attempting to com- 

221 



§ 1061] HOMICIDE [Art 94 

init, a miademeanor, affecting the person or property, either of the 
person killed, or of another ; or, 

2. In the heat of passion, but in a cruel and unusual manner, 
or by means of a dangerous weapon. 

The wilful killing of an unborn quick child, by any injury com- 
mitted upon the person of the mother of such child, is mans-laughter 
in the first degree. 

A person who provides, supplies, or administers to a woman, 
whether pregnant or not, or who prescribes for, or advises or pro- 
cures a woman to take any medicine, drug, or substance, or who 
uses or employs, or causes to be used or employed, any instrument 
or other means, with intent thereby to procure the miscarriage of 
a woman, unless the same is necessary to preserve her life, in case 
the death of the woman, or of any quick child of which she is 
pregnant, is thereby produced, is guilty of manslaughter in the 
first degree. 

DeriTatloxi: Penal Code, §8 180-101. 

Lohman v. People (1848), 1 N. Y. 379, 2 Barb. 216; People v. Sullivan 
(1852), 7 N. Y. 306; Darry v. People (1854), 10 N. Y. 120, 2 Park, 608; 
Evans v. People (1872), 40 N. Y. 86; Bnel v. People (1870), 78 N. Y. 402, 
500, alT'g 18 Hun, 487; People v. Rcgo (1886), 36 Hun, 129, 3 N. Y. Cr. 276; 
People V. Carlton (1880), 115 N. Y. 618; People v. Webster (1803), 68 Hun, 
11, 22 N. Y. Supp. 634; People v. Maine (1000), 51 App. Div. 142, 64 N. Y. 
Supp. 570, rev'd 166 N. Y. 60; People v. Van De Qarmo (1002), 73 App. Div. 
46, 16 N. Y. Cr. 539, 76 N. Y. Supp. 447; People v. Sullivan (1003), 123 N. 
Y. 122, 130; People v. Flanigan (1003), 174 N. Y. 368, 17 N. Y. Cr. 312; 
Petty V. Emery (1004), 06 App. Div. 35, 88 N. Y. Supp. 823; People v. Stacy 
(1905), 119 App. Div. 743, 104 N. Y. Supp. 615, 21 N. Y. Cr. 216; People v. 
Huson (1906), 187 N. Y. 07, revg 114 App. Div. 603, 90 N. Y. Supp. 1081, 
20 N. Y. Cr. 338; People v. Mallon (1007), 189 N. Y. 520, aff*g 116 App. 
Div. 425, 101 N. Y. Supp. 814; People v. Granger (1007), 187 N. Y. 67; 
People V. Van Gaasbeck (1007), 118 App. Div. 611, 103 N. Y. Supp. 249; 
People V. Weick (1008), 123 App. Div. 328, 107 N. Y. Supp. 068; see also 
People V. Butler, 3 Park, 377; People v. Cole, 4 Park, 35; Foster v. People, 
60 Park, 598; People v. Hammill, 2 Park, 223; People v. Johnson, 2 Park, 
201; McCann v. People, 6 Park, 620; People v. McGonegal, 17 N. Y. Supp. 
148; Patterson's Case, 3 City Hall Rec. 145; People v. Rector, 19 Wend. 569; 
People V. Sheriff, etc., 1 Park. 659; People v. Stockham, 1 Park, 424. 

§ 1051. Punishment for manslaughter in first degree. 

Manslaughter in the first degree is pimishable by imprisonmeni, 
for a term not exceeding twenty years. 

DeriTatlon: Penal Code, H 102, as fln>end(v1 L. 1892. eh. 661!, | 8. 
People V. Hudson (1907), 187 K. Y ^OO. 

222 



I 



Art. 94] HOMICIDE [§ 1052 

§ 1052. Manslaughter in second degree defined. 
Such homicide is manslaughter in the second degree, when com- 
mitted without a design to effect death : 

1. By a person committing or attempting to commit a trespass, 
or other invasion of a private right, either of the person killed, or 
of another, not amounting to a crime ; or, 

2. In the heat of passion, but not by a dangerous weapon or by 
the use of means either cruel or unusual ; or, 

3. By any act, procurement or culpable negligence of any per- 
son, which, according to the provisions of this article, does not 
constitute the crime of murder in the first or second degree, nor 
manslaughter in the first degree. 

Woman producing miscarriage. — A woman quick with child, 
who takes or uses, or submits to the use of any drug, medicine, or 
substance, or any instrument or other means with intent to produce 
her own miscarriage, unless the same is necessary to preserve her 
own life, or that of the child whereof she is pregnant, if the death 
of such child is thereby produced is guilty of manslaughter in the 
second degree. 

Negligent use of machinery. — A person who, by any act of negli- 
gence or misconduct in a business or employment in which he is 
engaged, or in the use or management of any machinery, animals, 
or property of any kind, intrusted to his care, or under his control, 
or by any unlawful, negligent or reckless act, not specified by or 
coming within the forgoing provisions of this article, or the pro- 
visions of some other statute, occasions the death of a human 
being, is guilty of manslaughter in the second degree. 

Mischievous animals. — If the owner of a mischievous animal, 
blowing its propensities, wilfully suffers it to go at large, or 
keeps it without ordinary care, and the animal, while so at large, 
md not confined, kills a human being, who has taken all the pre- 
^utions which the circumstances permitted, to avoid the animal, 
'he owner is guilty of manslaughter in the second degree. 

Overloading passenger vessel. — A person navigating a vessel for 
rain, who wilfully or negligently receives so many passengers or 
such a quantity of other lading on board the vessel, that, by menus 
rhereof, the vessel sinks, or is overset or injured, and thereby a 
human being is drowned, or otherwise killed, is guilty of man- 
slaughter in the second degree 

Persons in charge of steamboats. — A person having charge of 
B steamboat used for the conveyance of passengers, or of a boiler 

1, '"' 



§ 1052] HOMICIDE [A 

or engine thereof, who, from ignorance, recklefisneas, or 
neglect, or for the purpose of excelling any other boat in 
creates, or allows to be created, such an undue quantity of 
as to burst the boiler, or other apparatus in which it is gen< 
or contained, or to break any apparatus or machinery com 
therewith, whereby the death of a human being is occasion 
guilty of manslaughter in the second degree. 

Persons in charge of steam engines. — An engineer or 
person, having charge of a steam boiler, steam engine, or 
apparatus for generating or applying steam, employed in f 
or railway, or in a manufactory, or in any mechanical t 
who wilfully, or from ignorance or gross n^lect, creates or i 
to be created, such an undue quantity of steam as to buri 
boiler, engine or apparatus, or to cause any other ace 
whereby the death of a human being is produced, is gnil 
manslaughter in the second degree. 

Acts of physicians while intoxicated. — A physician or sui 
or person practicing as such, who, being in a state of intoxic 
without a design to effect death, administers a poisonous dr 
medicine, or does any other act as a physician or surgeon, 
other person, which produces the death of the latter, is gui 
manslaughter in the second degree. 
\ Persons making or keeping gunpowder contrary to lav 
person who makes or keeps gunpowder or any other exp 
substane-e within a city or village, in any quantity or m 
prohibited by law, or by ordinance of the city or village, i 
explosion thereof occurs, whereby the death of a human bei 
occasioned, is guilty of manslaughter in the second degree. 

DeriTations Penal Code, § 193, subd. 2, as amended L. 1887, ch. 2 
also, Penal Code, 8 194-201. 

People V. Melius (1882), 1 N. Y. Cr. 39; People v. Kejro (1885), 3( 
129, 3 N. Y. Cr. 276; People v. Buddensieck (1886), 103 N. Y. 490, 6 
Cr. 69; People v. McCarthy (1888), 47 Hun, 491; People v. Welch ( 
141 N. Y. 266. 24 L. R. A. 117, aff'g 74 Hun, 474, 26 N. Y. Supp. 694; 
V. Maine (1901), 166 N. Y. 60, rev*g 61 App. Div. 142, 64 N. Y. Supp 
People V. Wheeler (1003), 79 App. Div. 396, 79 N. Y. Supp. 454; P( 
Emery (1904), 96 App. Div. 35, 88 N. Y. Supp. 823; People v. Young ( 
96 App. Div. 33, 88 N. Y. Supp. 823; People v. Taylor (1904), 92 Apj 
29, 86 N. Y. Supp. 996; People v. Quimby (1906), 113 App. Div. 7 
N. Y. Supp. 330. 



224 



Art. 94] HOMICIDE [§§ 1053-1056 

§ 1063. Punishment for manslaughter in second degree. 

Manslau^ter in the second degree is punishable by imprison- 
ment for a term not exceeding fifteen years, or by a fine of not 
more than one thousand dollars, or by both. 

DMrlTatloAS Penal Code, I 202, as amended L. 1892, ch. 662. 

§ 1054. Excusable homicide. 

Homicide is excusable when committed by accident and mis- 
fortune, in lawfully correcting a child or servant, or in doing any 
other lawful act, by lawful means, with ordinary caution, and 
without any unlawful intent. 

DcriTatlomt Penal Code, § 203. 

People V. Carlton (1889), 115 N. Y. 618; People v. O'Connor (1903), 82 
App. Div. 55, 81 N. Y. Supp. 655; People v. Dankberg (1904), 91 App. Div. 
67. 86 N. Y. Supp. 423. 



1055. Justifiable homicide. 
Homicide is justifiable when committed by a public officer, or 
t person acting by his command and in his aid and assistance : 

1. In obedience to the judgment of a competent Court; or, 

2. Necessarily, in overcoming actual resistance to the execution 
of the legal process, mandate or order of a court or officer, or in 
the discharge of a legal duty ; or, 

3. Necessarily, in retaking a prisoner who has committed, or 
kw heen arrested for, or convicted of a felony, and who has escaped 
or has been rescued, or in arresting a person who has committed 
a felony and is fleeing from justice ; or in attempting by lawful 
ways and means to apprehend a person for a felony actually cnm- 
niitted, or in lawfully suppressing a riot, or in lawfully preserving 
the peace. 

Homicide is also justifiable when committed: 

1. In the lawful defense of the slayer, or of his or her husband, 
wife, parent, child, brother, sister, master or servant, or of any 
other person in his presence or company, when there is reasonable 
pound to apprehend a design on the part of the person slain to 
commit a felony, or to do some great personal injury to the slayer, 
or to any such person, and there is imminent danger of such de- 
sign being accomplished ; or, 

2. In the actual resistence of an attempt to comm\\ «l 1^'qi^ 

S2S 



§ 1055] HOMICIDE [Art. 94 

upon the slayer, in his presence, or upon or in a dwelling or other 
place of abode in which he is. 

DeHTationi Penal Code, §§ 204-205. 

People V. Sullivan (1852), 7 N. Y. 396; People v. Walworth (1873), 4 N. 
Y. Cr. 355; People v. Carlton (1889), 115 N. Y. 618; People v. Downs (1890), 
123 N. Y. 558; People v. Hess (1896), 8 App. Div. 143, 40 N. Y. Supp. 486; 
People V. Cantor (1902), 71 App. Div. 185, 16 N. Y. Cr. 375, 75 N. Y. Supp. 
688; People v. O'Connor (1903), 82 App. Div. 55, 81 N. Y. Supp. 555; People 
V. Rodawald (1904), 177 N. Y. 423, 18 N. Y. Cr. 164; People v. Weaver 

(1904), 177 N. Y. 434. 18 N. Y. Cr. 189; People v. Dankberg (1904), 91 App, 
Div. 67, 86 N. Y. Supp. 423; People v. Regan (1905), 107 App. Div. 608. 94 
N. Y Supp. 841; Magar v. Hammond (1906), 183 N. Y. 390; People v. 
Governale (1908), 193 N. Y. 687; People v. Jeina (1908). 125 App. Div. 
700, 110 N. Y. Supp. 83; People v. Fiori (1908), 123 App. Div. 174, 108 N. 
Y. Supp. 416. 



826 



Art 96] HORSE RACING [§§ 1080-1081 



ARTICLE 96. 

HORSE RACmO. 

SKTioif 1080. Racing near a court-house. 

1082. Fraudulent entries and practices in contests of speed. 
1082. Fraudulent entries and practices in contests of speed. 

§ 1080. Racing near a court-house. 

A person concerned in any racing, running or other trial of 
speed between horses or other animals, within one mile of the place 
where a court is actually sitting, is guilty of a misdemeanor ; and 
it shall not be lawful for any person, association, corporation or 
copartnership to build, maintain or operate any race track within 
four milos of any court-house situated in a county adjoining a 
city of the first class which by the last state enumeration contained 
not more than seventy-two thousand inhabitants and nut less than 
sixty-eight thousand inhabitants; but nothing in this section shall 
apply to or affect trials of speed between horses or other animals 
upon the grounds of a county agricultural society during the days 
on which the fairs of such society are held, nor apply to or affect 
the maintenance and operation of any race track upon which races , 
were conducted in the year nineteen hundred and five under the 
license of the state racing commission. 

DeriTatioB: Penal Code, § 147, as amended L. 1900, ch. 109; L. 190S» 
ch. 363. 

§ 1081. Fraudulent entires and practices in contests of speed. 

Any person who : 

1. Knowingly enters for competition, or furnishes to another 
person for entry or competition, or brings into this state for entry 
or compK?tition for any purse, prize, premium, stake or sweepstakes 
offered or established by any person, association or corporation, 
any running, trotting or pacing horse, mare, gelding, colt or filly 
under an assumed name, or out of its proper class, or that has been 
painted or disguised or represented to be any other or different 
horse, mare, gelding, colt or filly from the one which is purported 
to be entered where such prize, purse, premium, stake or sweep- 
stakes is to be decided by a contest of speed ; or, 

3. Being the owner^ trainer, or other person having \h^ contx^ 

_ 327 



§ 1082] HORSE RACING [Art. 9« 

of the racing qualities of any running, trotting or pacing horse, 
mare, gelding, colt or filly, knowingly allows the same to compete 
for any such prize, purse, .premium, stake or sweepstakes under 
an assumed name, or out of its proper class, or as any other or 
different horse, mare, gelding, colt or filly than the one it actually 
is ; or, 

3. In any competition for any such purse, prize, premium, stake 
OP sweepstakes, knowingly drives any trotting or pacing horse, 
mare, gelding, colt or filly which has been entered under an as- 
sumed name, or out of its proper class or which has been painted 
or disguised, or represented to be any other or different horse, 
mare, gelding, colt or filly than the one it actually is. 

Shall be guilty of a misdemeanor, punishable by a fine of not 
lees than five hundred nor more than fifteen hundred dollars, or 
by imprisonment for not more than one year, or both. 

The true name and age, and also the pedigree, unless such pedi- 
gree is unknown, of every such animal shall be registered with 
the jockey club before it shall be eligible to compete in any such 
race conducted under the license of the state racing commission ; 
and such name shall continue to be its true name unless and until 
the same shall be changed according to the rules and regulations 
of such jockey club. Any person who shall knowingly cause or 
procure or aid in any false registration under this section shall 
be guilty of a misdemeanor, and upon conviction shall be punished 
as hereinabove provided. The class to which any such animal be- 
longs for the purpose of the entry or competition in any other 
race shall be determined by the public performance thereof in 
former contests or trials of speed, as provided by the printed rules 
of the person, association or corporation under which the proposed 
contest is advertised to be conducted. 

BerlTatlon: Penal Code, 9 384o, added L. 1898, ch. 394, 9 1; amended 
L. 1906, ch. 454. 



§ 1082. Fraudulent entries and practices in contests of speed. 

1. It is hereby made unlawful for any person or persons know- 
ingly to enter or cause to be entered for competition or to compete 
for any purse, prize, premium, stake or sweepstakes offered or 
given by any agricultural or other society, association, or person 
or persons in the state of New York or to drive any horse, mare 
OP gelding, colt or filly under an assumed name, op out of itfi ppoper 

228 



ApL 96] HORSE RACING {§ 1082 

ola88, where such prize^ purse, premium^ stake or sweepstakes is 
to be decided by a contest of speed. 

2. Any person or persons found guilty of a violation of sub- 
division one of this section shall upon conviction thereof be im- 
prisoned in the state prison for a period of not more than three 
years, or by imprisonment in the county jail of the county in which 
he is convicted for a definite period of not more than one year or 
shall be fined in a sum not exceeding one thousand dollars, and 
one-half of such fine shall be paid to the society or {issociation upon 
whose grounds such offense shall be committed. 

3. The name of any horse for the purpose of entry for compe- 
tition in any contest of speed shall not be changed after once having 
contested for a prize, purse, premium, stake or sweepstake, except 
IS provided by the code of printed rules of the society or associa- 
tion under which the contest is advertised to be conducted. 

4. The class to which a horse belongs for the purpose of an 
entry in any such contest of speed shall be determined by the 
public performance of said horse in any former contest or trial 
of speed, aa provided by the printed rules of the society or associa- 
tion under which the proposed contest is advertised to be con- 
ducted, and any person or persons knowingly misrepresenting or 
fraudulently concealing the result of the public performance in 
any former contest of speed of any horse which he or they propose 
to enter for competition in any such contest, shall, upon conviction 
thereof, be liable to the same punishment as is provided in sub- 
division two of this section, whether he or they shall succeed in 
making such entry or not. 

BOTlTfttlmit L. 1808, eb. 206. 



939 



§§ 1090-1092] HUSBAND AND WIFE [Art. 98 

ABTIOIiE 08. 

HUSBAND AKD WIFB. 

Skotion 1090. Compulsory prostitution of wife. 

1091. Wife a competent witness. 

1092. Presence of husband no defense. 

§ 1090. Compulsory prostitution of wife. 

Any man who by force, fraud, intimidation or threats, places 
or leaves, or procures any other person to place or leave, his wife 
in a house of prostitution, or to load a life of prostitution, shall 
be guilty of a felony and upon conviction thereof shall be im- 
prisoned for not more than ten years. 

BerlTatlon: Penal Code, § 2S2b, in part, as added L. 1906, eh. 1S8, | 1. 
For remainder of section, see § 1091, post. 

§ 1001. Wife a competent witness. 

In all prosecutions under the previous section, the wife shall 
be a competent witness against the husband, but no conviction 
under this article shall be had upon the testimony of the wife un- 
supported by other evidence. 

Derivation: Penal Code, § 2S2b, in part, as added L. 1906, eh. 138, ( 1. 
For remainder of section, see S 1090, ante. 

§ 1002. Presence of husband no defense. 

It is not a defense, to a married woman charged with crime, 
that the alleged criminal act was committed by her in tlie presence 
of her husband. 

DeriTationt Penal Code, { 24. Originally Penal Law, S 1460; renum- 
bered § 1092 by L. 1909, ch. 624. In effect May 27, 1909. 

Seiler v. People (1879), 77 N. Y. 411; Goldstein v. People (1880), 82 N. Y. 
231; People v. Ryland (1884), 97 N. Y. 126, 28 Hun, 668; see also Boyd's 
Case, 3 C. H. Rec. 134; Brandon's Case, 4 C. H. Rec. 140; Brown's Case, S 
C. H. Rec. 66; Goodman's Case, 6 C. H. Rec. 21; Quinlan v. People, 6 Park, 
9; Rooney's Case, 3 C. H. Rec. 126; People y. Townsend, 3 Hill, 479. 



Art. 100] ICE [§ 1100 



ARTICLE 100. 

ICE. 

SionoiT 1100. Cutting ice in front of premises of another. 

§ 1100. Cutting ice in front of premises of another. 

1. A person who takes possession of or cuts ice in front of the 
lands of another on any water except lakes, ponds, the Hudson and 
Mohawk rivers and the tide waters of Rondout and Catskill creeks, 
between the center of such body of water and such lands, after 
the owner or occupant has ][)osted in a conspicuous manner upon 
such lands near the banks of such waters a written or printed 
notice of his desire to cut ice in front of such lands ; or, 

2. Trespasses upon or takes such ice or any part thoiTeof for 
commercial purposes; or, 

3. WiUfidly removes any such notice, 
Is guilty of a misdemeanor. 

D«rlTatlmit P«nal Code, 9 640c, added L. 1S98, eh. 602, i t. 



881 



§ 1110] INCEST [Art. 102 

ARTICIiE 1Q2. 

IHCfiST. 

SEonoif 1110. Incest. 

§ 1110. Incest. 

When personB, within the degrees of consanguinity, within 
which marriages are declared by law to be inoestuouB and void, 
intermarry or commit adultery or fornication with each other, 
each of them is punishable by imprisonment for not moine than 
ten years. 

BerlTAtiont Penal Code, f 802. 

People V. Vedder (1886), 98 N. Y. 630; People v. Powell (1886), 4 N. Y. 
Cr. 686; People v. Lake (1888), 110 N. Y. 61, 6 Am. St. Rep. 844; Weisberg 
f. Weisberg (1906), 112 App. Div. 231, 98 N. Y. Supp. 260; P^le ▼. Block 
(1907), 120 App. Div. 364; see also People v. Harriden, 1 Park, 344; People 
V. Murray, 14 Gal. 169; Cook v. State, 11 6a. 63; State v. Markins, 96 Ind. 
464, 48 Am. Rep. 733, citing 2 Greenl. Ev., sec. 47; Whart. Crim. Ev., sec. 36; 
State V. Thomas, 53 Iowa, 214; Chancellor v. State, 47 Miss. 278; State v. 
Ellis, 74 Mo. 385, 41 Am. Rep. 321; Howard v. State, 11 Ohio, 328; Noble v. 
State, 22 Ohio St. 541; State v. Brown, 47 Ohio St. 102, 21 Am. St. Rep. 790; 
Freeman v. State, 11 Tex. Ct. App. 92, 40 Am. Rep. 787; Johnson v. State, 
20 Tex. App. 609, 64 Am. Rep. 636; Compton v. State, 13 Tex. A^t. App. 271, 
44 Am. Rep. 703; State v. Wegman, 59 Vt. 627, 69 Am. Rep. 768; Oom. y. 
Qoodhue, 2 Mete. 193; U. S. v. Hiler, 1 Morris, 330. 



iS 



Q.-^ 



Art 104] INCOMPETENT PERSONS [§ 1120 



ARTICIiEKM. 

nf ooifpsnarr pe&soks. 

finnoN 1120. Irrespontibility of idiot or lunatic. 

1121. Unlawful confinement of idiots, lunatics and insane ptnont. 

1122. Maintaining private insane asylums. 

§ 1120. Irresponsibilty of idiot or lunatic. 

An act done by a person who is an idiot^ imbecile, lunatic or 
insane is not a crime. A perscm can not be tried, sentenced to 
any puniehment or punished for a crime while he is in a state of 
idiocy, imbecility, lunacy or insanity so as to be incapable of 
understanding the proceeding or making his defense. * 

A person is not excused from criminal liability as an idiot, 
imbecile, lunatic, or insane person, except upon proof that, at the 
time of committing the alleged criminal act, he was laboring under 
such a defect of reason as: 

1. Not to know the nature and quality of the act he was doing; 
or, 

2. Not to know that the act was wrong. 

DerlTatlon: Penal Code, §§ 20, 21, as amended L. 1882, ch. 384, | 1. 

Dewitt V. Bailey (1868), 17 N. Y. 348; Walter v. People (1865), 32 N. Y. 
147, ard 6 Park, 16, 18 Abb. 147; Willis v. People (1865), 32 N. Y. 716, 6 
Park. 621; Clapp v. Fullerton (1866), 34 N. Y. 190; O'Brien v. 
People (1867), 48 Barb, 274, aS'g 36 N. Y. 276; People V. Schniy. 
ver (1870), 42 N. Y. 1; Real v. People (1870), 42 N. Y. 270, 8 Abb. Pr. (N. 
S.) 314, 55 Barb. 561; People v. Walworth (1873), 4 N. Y. Cr. 355; Brother- 
ton V. People (1878), 75 N. Y. 159, aff'jr 14 Hun, 486; People v. Moett 
(18S0), 23 Hun, 60; People v. Coleman (1881), 1 N. Y. Cr. 1; 0*Connell v. 
People (1882)^ 87 N. Y. 377. 62 How. 436, 41 Am. Rep. 379; Sindram v. 
Pe«>ple (1882); 88 N. Y. 196, aff'g 1 N. Y. Cr. 448; Walsh v. People (1882), 
88 N. Y. 458; Walker v. People (1882), 88 N. Y. 86, 1 N. Y. Cr. 27, aflF'g 26 
Hun, 67; Casey ▼. People (1883), 31 Hun, 158, 2 N. Y. Cr. 187; Flanagan v. 
People (1883), 52 N. Y. 467; People v. Mills (1885), 98 N. Y. 176; People v. 
Murphj (1885), 101 N. Y. 126; People v. Carpenter (188G). 102 N. Y. 250, 
4 X. Y. Cr. 187, aff'g 38 Hun, 490; People v. Hawkins (1888), 109 N. Y. 408; 
People V. Barber (1889), 115 N. Y. 475; People v. Packenham (1889), 115 
K. Y. 200; People ▼. McElvaine (1890). 125 N. Y. 600, affM 142 U. S. 55; 
People ▼. McElvaine (1890), 121 N. Y. 256; Kemmler's Case (1890), 119 N. 
Y. 680; People v. Foy (1893), 138 N. Y. 664; People v. Taylor (1893), 138 
N. Y. 398; People v. Strait (1895), 148 N. Y. 566, 12 N. Y. Cr. 146; People 
V. Barberi (1896), 149 N. Y. 256, 12 N. Y. Cr. 210; People T.Xoxm^ V^^^^^. 

SiS8 



§ 1121] INCOMPETENT PERSONS [Art 104 

161 N. Y. 210; People ▼. Nino (1896), 149 N. Y. 318, 12 N. Y. Cr. 228; People 
w. Kerns (1896), 7 App. Div. 636, 40 N. Y. Supp. 243; People t. Hoch (1896), 
160 N. Y. 292, 11 N. Y. Cr. 488; People t. Burgess (1897), 163 N. Y. 669, 12 
N. Y. Cr. 460; People ▼. Koemer (1897), 164 N. Y. 356; People ▼. Ferraro 
(1899), 161 N. Y. 377, 14 N. Y. Cr. 266; People v. Krist (1901), 168 N. Y, 
19, 16 N. Y. Cr. 642; People ▼. Egnor (1903), 175 N. Y. 429, 17 N. Y. Cr. 
398; People v. Silverman (1906), 181 N. Y. 236, 19 N. Y. Cr. 360; People y. 
Pekarte (1906), 186 N. Y. 470, 20 N. Y. Cr. 169; People v. Furlong (1907), 
187 N. Y. 198, 20 N. Y. Cr. 497; People v. Koener (1907), 117 App. Diy. 49, 
102 N. Y. Supp. 93, 20 N. Y. Cr. 626, aff'd 191 N. Y. 628; see also People v. 
Beno Ville, 3 Abb. N. C. 196; People v. Carnell, 2 Edm. Bel. Cas. 200; Clark's 
Case, 1 C. H. Rec. 176; Cole's Case, 7 Abb. Pr. (N. S.) 321; People v. Devlne, 
1 Edm. Sel. Cas. 694; Jenisch's Case, 3 Abb. N. C. 200; People y. Kleine, 1 
Edm. Sel. Cas. 13; McFarland Trial, 8 Abb. Pr. (N. 8.) 67; People y. Mont- 
gomery, 13 Abb. Pr. (N. S.) 207; Patterson y. People, 46 Barb. 625; Pierro- 
yis' Case, 3 C. H. Rec. 123; People v. Pine, 2 Barb. 566; Sanchez v. People, 
4 Park, 636, 18 How. 72, 22 N. Y. 147; Krom y. Shoonmaker, 3 Barb. 467; 
People y. Sprague, 2 Park, 43; Stauderman's Case, 3 Abb. N. C. 187; Wagner 
y. People, 2 Keyes, 684, 4 Abb. Dec. 609; People t. Walti, 60 How. Pr. 204, 
3 Abb. N. C. 209; Parsons t. State, 81 Ala. 677, 60 Am. Rep. 193, 36 Alb. L. 
J. 249; Boswell y. State, 63 Ala. 307, 86 Am. Rep. 20, 2 Crim. L. Mag. 32; 
People V. Kerrigan, 73 Cal. 222; People v. Hoin, 62 Cal. 120, 46 Am. Rep. 
661; Kearney y. People, 11 Col. 268; State y. Hoyt, 46 Conn. 330; Charci y. 
State, 31 Ga. 424; Dacey y. People, 116 111. 566; Wartina t. State, 106 Ind. 
445; Conway y. State, 118 Ind. 482, 11 Crim. L. Mag. 640; State y. Mowry, 
37 Kan. 369; State y. Lawrence, 67 Me. 674; Cunningham y. State, 66 Miss. 
269, 31 Am. Rep. 360; Anderson y. State, 26 Kebr. 560; State y. Jones, 60 N. 
H. 369 ; Peacock y. State, 60 N. J. L. 34 ; State y. PotU, 100 N. C. 467 ; State 
y. Murray, 11 Oreg. 413; State y. Bundy, 24 8. C. 439, 68 Am. 
Rep. 262; Erwin y. State, 10 Tex. App. 700; Willis y. Oom. 
(Va.), 22 Alb. L. J. 176; Guiteau's Case, 10 Fed. 161, 4 Crim. L. Mag. 686; 
Guiteau's Case, 3 Crim. L. Mag. 368; United States y. Faulkner, 36 Fed. 
780; United States y. Young, 7 Crim. L. Mag. 732; State y. LewU, 12 Cria. 
L. Mag. 72, 86; Reg. y. Dayis, 14 Cox Cr. Cas. 663, 28 Eng. Rep. 667; Boiling 
y. State, 16 S. W. 668. 

§ 1121. Unlawftfl confinement of idiots, lunatics and insane 
persons. 

A poreon, who oonfinee an idiot, lunatic or insane petrson, in 
any other manner or in any other place than as authorized by 
law, and a pereon guilty of harsh, cruel or unkind treatment of, 
or any neglect of duty towards, any idiot, lunatic or insane per- 
son under confinement, whether lawfully or unlawfully confined, 
is guilty of a misdemeanor. 

DwiTatiomt PMial Code, 9 877. 



SM 



Art. 1041 INCOMPETENT PERSONS [§ 1122 

§ 1122. Maintaining private insane asylums. 

A person who conducts or maintains a private insane asylum, 
OP institution for the care or treatment of persons of unsound 
mind, without a license issued and granted to such peiBon accord- 
ing to law, is guitj of a misdemeanor. 

DeviTfttioms Penal Code, § 446. 



285 



§§ 1140-1140-a] INDECENCY [Art 106 



ARTICLE 106. 

IHDECENCT. 

Sbction 1140. Exposure of person. 

1 140-a. Immoral plays and exhibitions and the use and leaaing of real 

property therefor. 

1141. Obscene prints and articles. 

1141 -a. Indecent prints and ])icture8 in public placet. 

1142. Indecent articles. 

1142-a. Advertisements relating to certain diseases prohibited. 

1143. Mailing or carrying obscene prints and articles. 
1144 Warrant to slieriff to s<'arch. 

1145. Plivsicians' instruments 

1146. Ke«'piiiir disorderly lioiifees. 

1147. W lio may airest persons violating provisions of this article. 

§ 1140. Exposure of person. 

A i>erson who willfully and lewdly exposes his person, or the 
private parts thereof, in any public place, or in any place where 
others are present, or procures another so to expose himself, is 
guilty of a misdemeanor. 

Derivation: Penal Code, § 316. 

People ex rel. I.ee v. Bixby (1875), 4 Hun, 636, 67 Barb. 221; People ex 
rel. Ryan v. Webster (1895), 86 Hun, 69, 33 N. Y. Supp. 337; People ex rel. 
Campbell v. Comrs. (1897), 13 App. Div. 69, 43 N. Y. Supp. 118; see also 
Miller v. People, 5 Barb. 203; Com. v. Wardell, 128 Mass. 62, 35 Am. Rep. 
357; Van Uouten v. State, 46 N. J. L. 16, 50 Am. Rep. 397; R. v. 
Holmes, 1 Dears. C. C. 207; R. v. Thallman, L. & C. 326, 9 Cox Or. Cas. 388; 
Reg. V. Willard, 15 Cox C. Cas. 559, 36 Eng. Rep. 610. 

§ 1 140-a. [Added, 1909.] Immoral plays and exhibitions 

and the use and leasing of real property therefor. 

Any person who as owner, manager, director or agent or in any 
other capacity prepares, advertises, gives, presents or participates 
in, any obscene, indecent, immoral or impure drama, play, ex- 
hibition, show or entertainment, which would tend to the cor- 
ruption of the morals of youth or others, and every person aiding 
or abetting such act, and every owner or lessee or manager of any 
garden, building, room, place or structure, who leases or lets the 
same or permits the same to bo used for the purposes of any such 
drama, play, exhibition, show or entertainment, knowingly, or 
who assents to the use of the same for any such purpose, shall be 
S^ilty of a wisdemeanor. 

Added by L. 1909, cb. 279. In eflfect Sept. \, \^0^. 



Art. 106] INDECEXCY [§ 1141 

§ 1141. Obscene prints and articles. 

1. A person who sells, lends, gives away or shows, or offeiB 
to sell, lend, give away, or show, or has in his possession with 
intent to sell, lend or give away, or to show, or advertises in any 
manner, or who otherwise offers for loan, gift, sale or distribution, 
any obscene, lewd, lascivious, filthy, indecent or disgusting book, 
magazine, pamphlet, newspaper, story paper, writing paper, pic- 
ture, drawing, photograph, figure or image, or any written or 
printed matter of an indecent character; or any article or instru- 
ment of indecent or immoral use, or purporting to be for inde- 
cent or inmioral use or purpose, or who designs, copies, draws, 
photographs, prints, utters, publishes, or in any manner manu- 
factures, or prepares any such book, picture, drawing, magazine, 
pamphlet, newspaper, story paper, writing, paper, figure, image, 
matter, article or thing, or who writes, prints, publishes, or utters, 
or causes to be written, printed, published, or uttered any ad- 
vertisement or notice of any kind, giving information, directly 
or indirectly, stating, or purporting so to do, where, how, of 
whom, or by what means any, or what purj>orts to be any, obscene, 
lewJ, lascivious, filthy, disgusting or indecc :t book, picture, writ- 
ing, paper, figure, image, matter, article or thing, named in this 
st-ction can be purchased, obtained or had or who has in his pos- 
seseion, any slot machine or other mechanical contrivance with 
moving pictures of nude or partly denuded female figures which 
pictures are lewd, obscene, indecent or immoral, or other lewd, 
obscene, indecent or immoral drawing, image, article or object, 
or who shows, advertises or exhibits the same, or causes the same 
to be shown, advertised, or exhibited, or who buys, owns or holds 
any such machine with the intent to show, advertise or in any 
manner exhibit the same ; or who, 

2. Prints, utters, publishes, sells, lends, gives away or shows, 
or has in his posssession with intent to sell, lend, give away or 
ehow, or otherwise offers for sale, loan, gift or distribution, any 
book, pamphlet, magazine, newspaper or other printed paper de- 
voted to the publication, and principally made up of criminal 
news, police reports, or accounts of criminal deeds, or pictures, 
or stories of deeds of bloodshed, lust or crime ; or who, 

3. In any manner, hires, employs, uses or permits any minor 
or child to do or assist in doing any act or thing mentioned in 
this section, or any of them, 

Ts guilty oi a misdemeanor, and, upon oonvictiou, ^\i2S\ \>^ 

237 



§§ 1141-a-1142] IXDECENCY [Art. 106 

sentenced to not less than ten days nor more than one year imprison- 
ment or be fined not less than fifty dollars nor more than one thousand 

dollars or both fine and imprisonment for each oflfense. 

DeriTatlont Penal Code, § 317, as amended L. 1884, ck. 380, § 1 ; L. 1887, 
ch. 602, § 1; subd. 1, as amended L. 1900, oh. 731. 

People V. Muller (1884), 96 N. Y. 408, 2 N. Y. Cr. 375, aflfg 32 Hun, 209; 
People V. Kaufman (1897), 14 App. Div. 305, 43 N. Y. Supp. 1046; People v. 
Eastman (1907), 188 N. Y. 478; aff'g 116 App. Div. 922, 101 N. Y. Supp. 
1137; People v. .Schermerhorn (1908), 59 Misc. 149, 112 N. Y. Supp. 222; 
see also In re Worthington Co., 30 N. Y. Supp. 361, 24 L. R. A. 110, com- 
mented on, 28 Am. L. Rev. 932; Willis v. Warren, 1 Hilt. 590; McNair v. 
People, 98 111. 441; Com. v. Holmes, 17 Mass. 336; People v. Ketchum, 103 
Mich. 443, 27 U R. A. 448; State v. Brown, 27 Vt. 610; State v. Millard, 18 
Vt. 574; Rosen v. United States, 161 U. S. 29: Com. v. Landis, 8 Phila. 453; 
United States v. Bennett, 16 Blatch. 338: Queen v. Hicklin, L. R. 3 Q. B. 
360: United States v. Stenker, 32 Fed. 693: Reg. v. Hicklin, L. R. 2 Q. B. 
360: Reg. V. Grey, 4 Frost & Fin. 73; Knowles v. State, 3 Day, 103; Com. v. 
Sharpless, 2 Serg. & R. 91; Harring v. Walround, 2 Chan. Cas. 110; Reg. v. 
Saunders, 13 Cox Cr. Cas. 116: Com. v. Landis, 8 Phila. 453; State v. Roper, 
1 Dev. & Bat. 208; Reg. v. Elliot, Leigh & Cave, 103. 

§ 1141-a. [Added, 1909.] Indecent prints and pictures in 
public places. 

Any person who shall expose, place, display, post up, exhibit or 
paint, print or mark, or cause to be exposed, placed, displayed, posted, 
exhibited or painted, printed or marked in or on any building, struc- 
ture, billboard, wall or fence, or on tlie street, or in or upon any public 
place, any placard, poster, bill or picture, or shall knowingly permit the 
same to be displayed on property belonging to or controlled by him, 
which placard, poster, bill or picture shall tend to demoralize the morals 
of youth or others or which shall be lewd, indecent, or immoral, shall 
be guiltv of a misdemeanor. 

Added'by L. 1909, ch. 280. In effect Sept. 1, 1900. 

§ 1142. Indecent articles. 

A person who sells, lends, gives away, or in any manner exhibits or 
offers to sell, lend or give away, or has in his possession with intent 
to sell, lend or give away, or advertises, or offers for sale, loan or 
distribution, any instrument or article, or any recipe, drug or medicine 
for the prevention of conoe])tion, or for cau5:ing unlawful abortion, or 
purporting to be for the prevention of conception, or for causing unlaw- 
ful abortion, or advertises, or holds out representations that it can l»e 
so used or applied, or any such description as will be calculated to lead 
another to so use or apply any such article, recipe, drug, medicine or 
instrument, or who writes or prints, or causes to be written or printed, 
a card, circular, pamphlet, advertisement or notice of any kind, or gives 
information orally, stating when, where, how, of whom, or by what 
means such an instrument, article, recipe, drug or medicine can be 
purchased or obtained, or who manufactures any such instrument, 
article, recipe, drug or medicine, is guilty of a misdemeanor, and shall 
be liable to the same penalties as provided in section eleven hundred 
and forty-one of this chapter. 

238 



Art. 10<jl INDECE.NX^Y [§§ 1142-a-1144 

Derivation: Ponal Code, § 3] 8, as amended L. 1887, eh. 692, § 2. 
HAlstead v. Nelson (1885), 36 Hun, 149; People v. Spier (1907), 120 App. 
DW. 787. 

§ 1142-a. Advertisements relating to certain diseases pro- 
hibited. 

Whoever publishes, delivers or distributes or causes to be published, 
delivered or distributed in any manner whatsoever an advertisement 
cnjDceruing a venereal disease, lost manhood, lost vitality, impotency, 
Bi^xual weakness, seminal emissions, varicocele, self-abuse or excessive 
sexual indulgence and calling attention to a medicine, article or prepa- 
ration that may be used therefor or to a person or persons from whom 
or an ofTice or place at which information, treatment or advice relating 
lo>uch disease.*, infirmity, habit or condition may be obtained, is guilty 
C'f a misdemeanor and upon conviction thereof shall be punished by 
imprisonment for not more than six months, or by a fine of not less 
t'lan fifty dollars nor more than five hundred dollars, or by both such 
tine and imprisonment. This section, however, shall not apply to 
*li'lactic or scientific treatises which do not advertise or call attention 
to any person or persons from whom or any office or place at which 
iiiformation, treatment or advice may be obtained, nor shall it apply to 
advertisements or notices issued by an incorporated hospital or a 
licensed dispensar}' or by a municipal board or department of health 
or bv the department of health of the state of New York. (Added by 
L. 1917, eh. 487, in effect Sept. 1, 1917.) 

§ 1143. Mailing or carrying obscene prints and articles. 

A person who deposits, or causes to be deposited, in any post-office 

^thin the state, or places in charge of an express company, or of a 

common carrier, or other person, for transportation, any of the articles 

CT things specified in the last two sections, or any circular, book, 

pamphlet, advertisement, or notice relating thereto, with the intent of 

having the same conveyed by mail or express, or in any other manner, 

or who knowingly or wilfully receives the same, with intent to carry or 

convey, or knowingly or wilfully carries or conveys the same, by express, 

or in any other manner except in the United States mail, is guilty of a 

misdemeanor. 
DerlTmtlon: Penal Code, § 319. 
Ilalstead v. Nelson (1885), 36 Hun, 153. 

§ 1144. Warrant to sheriff to search. 

A magistrate having jurisdiction to issue warrants in criminal 
cases, upon complaint that any person within his jurisdiction is 
offending against the provisions of this article, supported by oath 
or affirmation, must issue a warrant, directed to the sheriff or to 
any constable, marshall, or police officer within the county, direct- 
ing him to search for, seize, and take possession of any of the 
articles specified in this article, in the possession of the person 
against whom complaint is made. The magistrate must imme- 

239 



§§ 1145-1146] INDECENCY [Art. 106 

dlately transmit every article seized by virtue of the warrant, to the dis- 
trict attorney of the county, who must, upon the conviction of the person 
from whose possession the same was taken, cause it to be destroyed, and 
the fact of such destruction to be entered upon the records of the court in 
which the conviction is had. 

Derivation: Penal Code, 9 320. 



§ 1146. Physicians* instraments. 

An article or instrument, used or applied by phsrsicians lawfully prac- 
ticing, or by their direction or prescription, for the cure or prevention of 
disease, is not an article of indecent or immoral nature or use, within this 
article. The supplying of such articles to such physicians or by their 
direction or prescription, is not an offense under this article. 

Derivation: Penal Code, 9 321. 

9 1146. Keeping disorderly houses. 

Whosoever shall keep or maintain a house of ill-fame or assignation of 
any description or a place for the encouragement or practice by persons 
of lewdness, fornication, unlawful sexual intercoourse or for any other 
indecent or disorderly act or obscene purpose therein or cny place of 
public resort at which the decency, peace or comfort of a neighborhood is 
disturbed shall be guilty of a misdemeanor. 

When the lessee, proprietor, or keeper of a disorderly house or other 
building or any other person is convicted under this section, the lease or 
contract for letting the premises or the part thereof in which such viola- 
tion occurred shall, at the option of the owner, agent or lessor, become 
void and the owner, agent or lessor may have the like remedy to recover 
the possession as against a tenant holding over after the exp!ration of 
his term. 

Whosoever as owner, r^e^t ^r lessor shall agree to lease or rrn' or 
contract for letting any building or part thereof knowing or with good 
reason to know, thPt it is intended to be used for any of the uses or pur- 
poses herein prohibited or whosoever as owner, agent or lessor know- 
ingly or with good reason to know permits any house or room or other 
part of any building or premises of which he may be the owner, agent or 
lessor to be used in whole or in part for any of the uses or purposes here- 
in prohibited, shall be guilty of a misdemeanor. 

Upon conviction of any person for a violation of the provisions of this 
section, the court before whom such conviction shall have been h^d. or 
the clerk of such court if there be a clerk, shall forthwith make and file 
in the office of the clerk of the county, in which said conviction shall have 
been had, a certified statement of said conviction and sentence, if any; 
and the clerk of said county shall immediately enter in the judgment 
docket book in srid office the amount of the penalty or fine imposed, as a 
judgment against the person so convicted or sentenced. 

All persons conv'c^nd under Irs section in i\ places to which chapter 
six hundred and fittv-nine of the laws of nineteen hundred and ten ap- 
plies shall be iden tilled i^s provided for in section seventy-eight of that 
chapter. (Amended by L. 1910. ch. 619; L 1913, ch. 591. in effect May 
17, 1913.) 

Derivation: Penal Code, § 322. as amended L. 1887, ch. 690, 9 1; L. 1905 
ch. 270, § 1. 

Ely v Suprs. (1867). 36 N. Y. 297, aff'g 46 Barb. 659; Jacobowisky v. 

People (1876). 6 Hun. 524. 64 N. Y. 659: Barnesciotta v. People (1877) 

10 Hun. 137. 69 N. Y. 612; Berry v. People (1878). 1 N. Y. Cr. 43, aff'd fn 

Ct. of App. 187*>: King v. Pponlp (1880^ 8^ N. Y. 590: King v. P-'^nle 

/7SS0), S3 N. Y. 5S7: King v People (l^^^O), 83 N. Y. 588; People ex rel. Van 

^rn^^^° ^- ^-s^/er (1884), 97 N. Y. 146, 3 N. Y. Ct. \1^; ^^o\>\^ ^. Miller 

r/SSSj, 3 X Y. Cr. 475. 38 Sun, 8'' • '^Awtoxv \. ^le^\ft V\%'Vi, W^ ^. ^. 

240 



AtL lOeq INDECENCY [§ 1147 

239, MfTg 5 N. Y. Siipp. 953; People v. Upson (1894), 70 Hun, 87, 29 N. Y. 
Supp. 015; People ▼. James (1896), 11 App. Div. 600, 43 N. Y. Supp. 315, 12 
K. Y. Cr. 196; People ▼. Burns (1897), 19 Misc. 680, 44 X. Y. Supp. 1106; 
Plath ▼. Kline (1897), 18 App. Div. 240, 45 N. Y. Supp. 951; People v. 
Herlihy ( 1901), 66 App. Div. 634, 16 N. Y. Cr. 235, 73 N. Y. Supp. 236, rev'g 
35 Misc. 711, 16 N. Y. Cr. 33, 72 N. Y. Supp. 389; People ex rel. Warren t. 
Bradj (1902), 37 Misc. 126, 74 N. Y. Supp. 973; City of Buffalo v. Preston 
(1903), 81 App. Div. 480, 80 N. Y. Supp. 851; People v. Miller (1903), 81 
App. Div. 4€K), 492, 80 N. Y. Supp. 851; People v. Champlin (1907), 120 App. 
Div. 509; Morton v. Knipe (1908), 128 App. Div. 96; People v. Jones (1908), 
191 N. Y. 292; see also Arrus v. Richardson, 5 N. Y. Supp 755; People v. 
Carey, 4 Park, 238; People v. Erwin, 4 Den. 120; People v. Hatter, 22 N. Y. 
Supp. 690 ; Lowenstein v. People, 54 Barb. 299 ; People v. Mauch, 24 How. Pr. 
276; Moody v. Supervisors, 46 Barb. 659; People v. Rowland, 1 Wheel. Cr. 
Caa. 286; People v. Wallach, 15 N. Y. Supp. 876; VVooster v. State, 55 Ala. 

217; State v. Hanchett, 36 Conn. 35; Henson v. State, 63 Md. 231, 50 Am. 

Bep. 204, 5 Crim. L. Mag. 693; Com. v. Hopkins, 133 Mass. 381, 43 Am. Rep. 

527; Handy v. State, 63 Miss. 207, 66 Am. Rep. 803; State v. Fletcher, 18 

Mo. 425; State V. Dame, 60 N. H. 479, 49 Am. Rep. 331; Troutman v. State, 

49 N. J. L. 33; State v. Smith, 29 Minn. 195; Killman v. State, 2 Tex. App. 

222. 28 Am. Rep. 432; Herzinger v. State, 70 Fed. 278; King v. State, 17 Fed. 

190; Com. V. Kimball, 7 Gray, 328; United States v. Gray, 2 Cranch. C. C. 

675; Com. v. Harrington, 3 Pick. 26. 

§ 1147. Who may arrest persons violating provisions of this 
article. 

Any agent of the New York society for the suppression of vice, 
upon being designated thereto by the sheriff of any county in 
this stat«, may within such county make arrests and bring before 
any court or magistrate thereof having jurisdiction, offenders 
found violating the provisions of any law for the suppression of 
the trade in, and circulation of obscene literature and illustra- 
tions^ advertisements and articles of indecent and immoral use, 

I as it is or may be forbidden by the laws of this state, or of the 

; United States. 



rmtiont L. 1S75, cb. 205. 

§ 1148. BSale person living on proceeds of prostitution. 

E^erv ma^e person who live^s wholly or in part on the earnincrs ot 
pr.>-ti tilt ion, or who in anv public place solicits for immoral pur- 
poses, is guilty of a misdemeanor. A male person who lives with 
(.»• is habitually in the company of a ])rostitu*e and has no visil)V 
mear!-^ o^ support, shall In? presumed to be livinc: on the earnimrs of 
prostitution. ' (Added by L. 1910, ch. 3S2, in effect Sept. 1, 1010.) 



341 



§§ 1160-11611 INDIANS [Ai 



ARTICLE 10& 

INDIANS. 

8conoN 1160. Trespasses on Indian land. 

1161. Trespasses on Onondaga rcservatioii. 

§ 1160. Trespasses on Indian land. 

A person who cuts, removes, causes to be removed or i 
ass^sta in removing from the Alleghany, Cattaraugus, Tom 
or Onondaga resen^ations any wood, trees, timber, bark oi 
except as authorized by law, is guilty of a misdemeanor. 

DerlTAtiont Penal Code, § 640a, added L. 1893, eh. 692, | 2. 

§ 1161. Trespasses on Onondaga reservation. 

A person, other than an Onondaga Indian, who cuts or r 
from the Onondaga reservation any tree, timber, wood, 1 
poles; or an Indian who cuts for the purpose of sale or i 
from such reservation, or who removes, causes to be rem( 
aids in the removal from such reservation of any tree, 
wood, bark or poles, except on the written permission of 
jority of the chiefs of the Onondaga tribe, particularly 
fying the quantity and kind of trees, timber, wood, bark c 
to be cut or removed, is guilty of a misdemeanor. 

DerlTationt Penal Code. 9 640b, added L. 1803, oh. 692, i 8. 



^J4« 



Alt 110 



INSOLVENCY 



[§§ 1170-1171 



ABTICI^ 110. 

* IN80LVEHCT 

8ICTI05 1170. Fraudulent conveyances of property. 

1171. Fraudulent removal of property to prevent levy. 

1172. Elnowingly receiving property removed to defraud creditorSb 

1173. Concealment of eflfecta of insolvent debtor. 



or a-'i: 



.1 
r. 



.\ or jk;.- 



^ rem- -5 



§ 1170. Fraudulent conveyances of property. 
A person who : 

1. Becomes a party to a conveyance or assignment of real or 
personal property, or of an interest therein, with intent to de- 
fraud prior or subsequent purchasers, or to hinder, delay, or de- 
fraud creditors or other persons ; or, 

2. Being a party or privy to, or knowing of, such a conveyance 
or assignment so made, wilfully puts the same in use as having 
been made in good faith. 

Is guilty of a misdemeanor. 

DwiTstionx Penal Code, § 586.- 

Upham V. Marshall (1889), 51 Hun, 36, 40, 3 N. Y. Supp. 601; Loos v. 
IFilkinson (1889), 113 N. Y. 485, rev'g 61 Hun, 74, 5 N. Y. Supp. 410; Shaf- 
fer v. Martin (1898), 25 App. Div. 601, 49 N. Y. Supp. 853; Wright v. Hart 
11905), 182 N. Y. 330, 347; Loomis v. People (1880), 19 Hun, 60.1, 40 How. 
IV. 247; People v. Schlessel (1908), 127 App. Div. 510; see also People v. 
Morrison, 13 Wend. 399; Stringfleld v. Fields, 13 Daly, 173; Thomas v. Peo- 
ple, 19 Wend. 480. 



§ 1171. Fraudulent removal of property to prevent levy. 

A person who with intent to defraud a creditor, or to prevoni 
any of his property from being made liabc for the payment of 
any of his debts, or levied npon by an execution or warrant of 
attachment, removes any of his proi)erty or secrf^tf«, assigns, con- 
veys or otherwise disposes of the same; or with intent to de- 
fraud a creditor, removes, secretes, assigns, conveys or otherwise 
disposes of any of his books of account, accounts, vouchers or 
writings in any way relating to his business affairs, or destroys, 
obliterates, alters or erases any of such books of account, accounts, 
vouchers or writings, or any entry, memorandum or minute therein 
contained, is guilty of a misdemeanor. 

BerivatUmt Ptnml Code, | 587, as amended L. 1893, eh. 681, § 1. 



• The Standard ttnd Leading Workn are Collier on Bankruptcy wi^ lAoot' 
OB FrBuduIeot Oonveyaneee, 

248 



§§ 11721173 INSOLVENCY Art 110 

§ 1172. Knowingly receiving property removed to defraud 
creditors. 

A person who receives any property from another knowing that 
the same is transferred or delivered to him in violation of, or with 
intent to violate, the last section, is guilty of a misdemeanor. 

DeriTAtion: Penal Code, § 588. 

§ 1173. Concealment of effects of insolvent debtor. 

A person who being an applicant, as an insolvent debtor, for a 
discharge from his debts, or for exoneration or discharge from 
imprisonment, or having made a general assignment of his prop- 
erty for the payment of his debts, wilfully : 

1. Conceals any part of his estate or effects, or any book, ac- 
coimt, or other writing relative thereto ; or, 

2. Omits to disclose, to the court before which his application 
is pending, any debt or demand which he has collected, or any 
transfer of property which he has made, since the presentation of 
his application; or, 

3. Fraudulently presents, or authorizes to be presented in hi« 
behalf, such an applicati(m, in a case where it is not authorized by 
law; or, 

4. Makes or presents to the court or officer in support of such an 
application, a petition, schedule, book, account, voucher, or other 
paper or document, knowing the same to contain a false state- 
ment; or, 

6. Fraudulently makes and exhibits, or alters, obliterates, or 
destroys an account or voucher, relating to the condition of hia 
affairs, or an entry or statement in such an account or voucher ; or, 

6. Commits any fraud upon a creditor, to induce him to peti- 
tion for, or consent to such a discharge ; or, 

7. Conspires with, or induces another fraudulently to consent 
Hs creditor to a petition for such discharge, or to practice any 
fraud in aid thereof, 

Is guilty of a misdemeanor. 

DeriTation: Penal Code, § 589. 

Dickinson v. Benham. 10 Abb. Pr. 390, 19 Abb. Pr. 158; Gasherie v. Apple, 
14 Abb. Pr. 64; McButt v. Hirsch, 4 Abb. Pr. 441; Ion v. People, 12 Wend. 
844; People v. Morrison, 13 Wend. 399; Vanderwerken y. People, 6 WMid.530. 



244 



rt. 112 INSURANCE § 1190 



ARTICI^ 112. 

INSmElANCE. 

Tnox 1190. False statements in applications for membership in fraternal 

benefit associations. 
il91. Discriminations and rebates by life insurance corporations pro- 
hibited. 

1192. Acting as agent of life insurance corporation without certificate 

of authority. 

1193. Fire insurance corporations to use standard policy only. 

1194. Over-charges by marine insurance agents. 

1195. Misconduct of officers and agents of corporations for the insur- 

ance of domestic animals. 

1196. Transfers to and reinsurance of risks in unauthorized foreign 

corporations prohibited to co-operative associations. 

1197. Misconduct of officers and agents of co-operative insurance 

companies. 

1198. Acts of agents of fire or marine insurance corporation, organ- 

ized in other countries, after revocation of certificate. 
1109. Acting for foreign insurance corporation which has not desig- 
nated superintendent of insurance as attorney. 

1200. Receiving rebates on life insurance; privileges of witnesses in 

investigations relating thereto. 

1201. Destroying property insured. 

1202. Presenting false proofs of loss in support of claim upon policy 

of insurance. 

1203. Issue or circulalion of false literature. 

I 1100. False statements in application for membership in 
temal benefit associations. 

Any applicant, officer, agent, solicitor, examining physician, 
rgeon or other person, who knowingly or wilfully makes any 
se or fraudulent statements or representations in or with ref- 
mce to any application for membership or reinstatement or any 
ler documentary or other proof for the purpose of obtaining or 
HBta^ting membership in or benefit from any fraternal bene- 
iary society, order or association, any corporation, association 
society transacting the business of life or casualty insurance or 
bh, upon the co-operative or assessment plan, or a corporation for 
5 insurance of domestic animals, is guilty of a misdemeanor. 

Dodvatioii: Penal Code, § 577a, added L. 1892, ch. 692, S 1> and amended 
1893, ch. 692, 8 1. 

245 



§§ 119M192 INSURANCE Art 118 

§ 1191. Discriminations and rebates by life insurance coi^i 
poraifons prohibited. 

Any life insurance corporation or corporation transacting the 
business of life insurance on the co-operative or assessment plan^ 
doing business in this state, or any officer or agent thereof, who:; 

1. Makes any discrimination in favor of individuals of the samo 
class or of the same expectation of life either in the amount of tlNl 
premium charged or in any return of premiums, dividends oi 
other advantages ; or, 

2. Makes any contract for insurance or agreement as to sw 
contract otlier tuan that which is plainly expressed in the polil 
issued ; or, 

3. Pays or allows, or offers to pay or allow as an inducenw 
to any person to insure, any rebate or premium, or any specu 
favor or advantage whatever, in the dividends to accrue thei 
or any inducement whatever not specified in the policy; or, 

4. Makes anv distinction or discrimination between white 

sons and colored persons, wholly or partially of African descei 

as to the premiums or rates charged for po Jcies upon the lives 

such persons, or in any other manner whatever ; or demands or 

quires a greater premium from such colored persons than is at tl 

time required by such company from white persons of the sai 

age, sex, general condition of health and prospect of longevi^j 

or makes or requires any rebate, diminution or discount upon Mz 

anioiuit to be paid on such policy in ciisj of the death of suol 

colored persons insured, or inserts in the policy any condition, 

makes any stipulation whereby sueli person insured shall bii 

himself, or his heirs, executors, administrators and assigns to 

cept any sum less than the full value or amount of such policy ^- 

caso of a claim accruing therron by reason of the death of s\ 

person insured, other than such as are imposed upon white pei 

in similar cas(*s, is guilty of a misdemeanor. Nothing in 

section shall be construed to require any corporation doing bi 

ness under artic es six or sevc n of the insurance law, which lii 

and confines its business or membership to the members of a s( 

or fraternal order or body, to insure or accept any individual 

is not a member of such secret or fraternal order or bodi 

(Amended by L. 1013. eh. 180, in effect Sept. 1, 1913.) 
DerlTEtlon;* Penal Code, § 577b, added L. 1892, ch. 692, § 1. 
Madden t. Underwriting Pub. Co. (1894), 10 Misc. 27, 30 N. Y. Supp. 1( 

§ 1192. Acting as agent of life insurance corporation wifl| 

out certificate of authority. . 

Any person acting as agent, subagent or broker of a life insurancj 
corporation doing business in tliis state, except as agent operatiBJI 

246 



. 112] INSURANCE [§§ 1193-1194 

\j on the weekly payment plan of insurance, who solicits or pro- 
's applications for insurance without first procuring a certificate of 
lority from the superintendent of insurance, is guilty of a misde- 
nor. 

»iTmtioAs Penal Code, § 577c, ad<]ed L. 1892, cli. 692, § 1. 
yatt V. McNaroee (1906), 50 Misc. 348, 98 X. Y. Supp. 749. 

1183. Fire insurance corporations to use standard policy 

^ 

ny fire insurance corporation, or any officer or agent thereof, who 
es, issues, delivers, or offers to deliver any policy of fire insurance 
•roperty in this state, which does not conform in all particulars as 
laiik.s, size of type, context, provisions, agreements and conditions 
1 the printed form of contract or jmlicy of fire insurance filed in 
office of the superintendent of insurance pursuant to tiie require- 
ts of section one hundred and twenty-one of the insurance law and 
ivn and designated as the " Standard fire insurance policy of the 
f» of Now York," except as to such exceptions as are specially pro- 
•d and allowed by law, is guilty of a misdemeanor, punishahle by a 
of not less than twenty-five nor more than one hundred dollars for 
first offense, and of not less than one hundred or more than two 
dred and fiftv dollars for each subsequent offense. (Amended by 
L9ir, ch. 440,* in effect May 15, 1917.) 

eriTation: Penal Code, § 577d, added L. 1892, ch. 692, § 1. 

oujrh V. Davis (1898), 24 Misc. 245, 52 N. Y. Supp. 947; Bellin:gcr v. Gc-r- 

i Ins. Co. (1906), 51 Misc. 466, 100 N. Y. Supp. 424. 



1194. Over-charges by marine insurance agents, 
kny agent, shipper or other person, representing or acting for a 
rine insurance corporation doing business in this state who: 
L Charges or receives, directly or indirectly from any person 
' insurance of any property in transit upon the canals of the 
tc, any greater sum than the regular rates of premium fixed 
the corporation for the insurance of such property ; or, 
2. Demands or receives upon any policy of insurance issued 
on any snch property, for the business of obtaining such immr^ 
ee, a sum of money, as compensation or renumeration by way 
salary, commission or in any other capacity, which includes in 
y case, over fifteen per centum of the premium, 
Li guilty of misdemeanor. 

It Panal Code, I 577e, added L. 1802, eb. 692, 8 1. 



S47 



§§ 1195-1197 INSURANCE Art 112 

§ 1105. Misconduct of officers and agents of corporations for 
the insurance of domestic animals. 

Any oflScer or agent of a corporation organized for the inaur- 
anee of domestic animals who : 

1. Refuses to make any report or perform any duty required 
by law; or, 

2. Intentionally makes any false or fraudulent statement or 
report, 

Is guilty of a misdemeanor punishable by a fine of not less than 
one hundred or more than five hundred dollars. : 

DerlTAtion: Penal Code, § 577f, added L. 1S02, ch. 692, { 1- 

§ 1196. Transfers to and reinsiu'ance of risks in unauthor- 
ized foreign corporations prohibited to co-operative associations. 

Any officer, manager, director or agent of a casualty insurance 
corporation upon the co-operative or assessment plan, organizod 
under the laws of this state, who transfers its risks or assets or 
any part thereof to or reinsures its risks or any part thereof, in 
any insurance corporation or association of another state or counr 
try which is not, at the time of such transfer or reinsurance au- 
thorized by law to do insurance business in this state, is guilty 
of a misdemeanor. 

DeriTation: Penal Code, § 577g, added L. 1892, ch. 602, 8 1. 

§ 1197. Misconduct of officers and agents of co-operative in- 
surance companies. 

Any officer, agent or representative of a corporation, associa-.^ 
tion, or society doing a life or cfci^ualty insurance business or both,b= 
upon the co-operative or assessment plan, who: ag 

1. Neglects or refuses to perform any duty required of him IgfH 
law; or, r 

2. Intentionally makes any false or fraudulent statem^it or 
port; or, 

3. Refuses to permit the superintendent of insurance or any 
aminer duly authorized by him for the purpose, to make an examic-d 
nation of the condition and business, books, papers and vouchers o^ 
any such corporation, association or society ; or, J 

4. Thirty days after any such corporation has been notified by^' 
the superintendent of insurance to designate some person residiq^-- 
in the same city, village or town where the principal bosini 



rt 112 IIsSUKAiSCE S§ lli^S-1199 



ice within the state of sucii curporatiou is iocateU, ad a person 
^u wnoui service ol' legai pioceca ana paptrs may be made, aA 
uvided by law, collects any inuney or lobuts any ceruncate m car- 
ing ou ducli biLsiness, uunng me iaiiure ol suck corporation 
designate such person; or, 

0. licing within tnis state tlie agcni or ^w-pre^jentauve ol any 
cJi curporatioji, associatiun ur aociciy, \\iiiv:n na^i ntgiccicd or re- 
iseU Lo comply wiin a^jy auiy unpoaLu upun it by ia»v, ur vvhicli 
16 laiieU. or ncgiLCted lo piucuic iioin tnc superintendent ol: in- 
rance the certincate ol auinoriiy to transact business within 
i» siaie as pioViucd by law, acts as such agent, during such 
iriod oi default, 
is guilty oi a misdemeanor. 

beriTAtion: Pcual Code, § 5.77h, added L. 1802, ch. 692, } 1. 

§ 1108. Acts of agents of fire or marine insurance corpora- 
km, organized in otner countries, after revocation of certificate. 

Any agent of a fire or marine insurance corporation, incorpor- 
iled by or existing under the government or laws of another 
ountry than the United States, and doing business in this state, 
»ho issues any new policy of insurance after having been notified 
>y the superintendent of insurance that the certificate of such 
wrporation to do business within this state has been revoked, is 
pilty of a misdemeanor. 

DariTattoni Penal Code, § 577i, added L. 1892, ch. 692, 8 1. 

§ 1199. Acting for foreign insurance corporation which has 

designated superintendent of insurance as attorney. 
Any person acting for himself or for others, who solicits or 
lures, or aids in the solicitation or procurement of policies or 
rtiticates ol insurance from, or adjusts losses or in any manner 
W^ the transaction of any business for, any foreign insurance 
torporation, which has not executed and filed in the office of the 
pperintendent of insurance, a written appointment of the super- 
ident to be the true and lawful attorney of such corporation 
and for this state, upon whom all lawful process in any action 
proceeding against the corporation may be served, is guilty of 
misdemeanor. (Amended bv L 1913, ch. 50, in eft'ect Sept 
1913.) 

itfiratioB: Penal Code, S 577j, added L. 1892, ch. 692, § 1. 
fiorseis T. Jackson (1897), 18 App. Div. 296, 46 N. Y. Supp. 326. 

249 



§§ 1200-1202 INSURANCE Art IIJ 

§ 1200. Receiving rebates on life insurance; privileges of 
witnesses in investigations relating thereto. 

Any person knowingly receiving any rebate or allowance or de- 
duction from any premium, or any valuable thing, special favor 
or advantage whatever, as an inducement to take any policy of 
life insurance, not specified in the policy is guilty of a misde- 
meanor. 

No person shall be excused from attending and testifying, o| 
producing any books, papers or other documents before any court 
or magistrate, upon any investigation, proceeding or trial, foe 
a violation of any of the provisions of this section, upon the grooodl 
or for the reason that the testimony or evidence, documentary €| 
otherwise, required of him may tend to convict him of a crime o^ 
to subject him to a penalty or forfeiture; but no person shall n 
prosecuted or subjected to any penalty or forfeiture for or o| 
account of any transaction, matter or thing concerning whidi 
may so testify or produce evidence, documentary or otherwise, 
no testimony so given or produced shall be received against 
upon any criminal investigation or proceeding. 

DerlTAtionx Penal Code, | 577k, added L. 1006, ch. 281, | 1, 
amended L. 1007, ch. 741, S 1. 

§ 1201. Destroying property insured. 

A person who, with intent to defraud or prejudice the insuri 
thereof, wilfully bums, or in any manner injures or destrojl 
property not included or described in section fifteen hundred ad 
six, which is insured at the time against loss or damage by fire m 
by any other casualty, under such circumstances that the oflfen< 
is not arson in any of its degrees, is punishable by imprisonme^ 
for not more than five years, or by a fine of not more than fill 
hundred dollars, or by both such fine and imprisonment. 

DeriTAtion: Penal Code, S 57S. 

§ 1202. Presenting false proofs of loss in support of dii^ 
upon policy of insiu*ance. i 

A person who knowing it to be such : \ 

1. Presents, or causes to be presented, a false or fraudule^ 
claim, or any proof in support of such a claim, for the payment q 
a loss upon a contract of insurance; or, 

2. Prepares, makes or subscribes a false or fraudulent aooomili 



iftll2 iJN « L KAl^ uii; 8 izuii 

jertilicate, affidavit or proof of loss, or other document or writing, 
rith intent that the same may be presented or used in support of 
!ich a claim, 

Is punishable by imprisonment for not more than five years, or 
V a fine of not more than five hundred dollars, or by both such 
le and imprisonment. 

DerlTatioAs Penal Code, § 570, as amended L. 1882, ch. 384, 8 1- 

People V. Vaughan (1897), 19 Misc. 298. 42 N. Y. Supp. 959, 11 N. Y. Cr. 
8; Iteple T. Spiagel (1894), 75 Hun, 162, 26 N. Y. Supp. 1041. 

§ 1203. Issue or circulation of false literature. 
Anv insurance corporation, or any officer, director or agent 
creiif who shall issue or circulate or cause or permit to bo issued 
cin-ulareJ in this state anv illustration, circular or statement 
diciiring that such corporation can transact in this state any 
bine??! oJf a character other than that which it is authorized to 
iDsacr under the certificate of authority issued to it by the su- 
rintendeiit oi insurance, shall Ik* guilty of a inisdeuiean<>r, and 
<* superintendent of insurance shall revoke the certificate of au- 
ority of the corporation or agent on a conviction for so offend- 
fr (Added by L. 1913, ch. 483, in effect Sept. 1, 1913.) 



B51 



§§ 1220-1221 INTOXICATION Art tU 



ARTICI^ 114. 

IKTOXICATION. 

SionoN 1220. Intoxication as a defense. 

1221. Intoxication in a public place. 

§ 1220. Intoxication as a defense. 

No act committed by a person while in a state of voluntar; 
intoxication, shall be deemed less criminal by reason of his ha^ 
ing been in such condition. But whenever the actual exist^c 
of any particular purpose, motive or intent is a necessary elemeu 
to constitute a particular species or degree of crime, the jury ma 
take into consideration the fact that the aocused was intoxicated a 
the time, in determining the purpose, motive or intent with whid 
he committed the act. 

DeriTationx Penal Code, | 22. 

People V. Eastwood (1856), 3 Park, 26, 14 N. T. 562; People ▼. Rofl|«i 
(1858), 18 N. Y. 9; Kenny v. People (1865), 31 N. Y. 330, 27 How. Pr. 20^ 
18 Abb. Pr. 91; Real v. People (1870), 42 N. Y. 270; Flanigan y. Peopif 
(1881), 86 N. Y. 554, 40 Am. Rep. 556; People v. Bums (1884), 33 Hub 
296, 2 N. Y. Cr. 415; People v. Mills (1885), 98 N. Y. 176, 3 N. Y. Cr. Ifff 
People V. Fish (1890), 125 N. Y. 136; People v. Leonardi (1894), 14S K. fE 
365; People v. Corey (1895), 148 N. Y. 476, 12 N. Y. Cr. 161; Felska f . 
RaUroad Co. (1897), 152 N. Y. 340; People v. Martin (1898), 33 App. Dif. 
282, 53 N. Y. Supp. 745; People v. Gaynor (1898), 33 App. Div. 98, 68 Km 
Y. Supp. 86; People v. Krist (1901), 168 N. Y. 19, 15 N. Y. Cr. 642; Peoph 
V. Kent (1903), 41 Misc. 193, 83 N. Y. Supp. 948, 17 N. Y. Cr. 461; Peop^j 
V. Pekarz (1906), 185 N. Y. 480, 20 N. Y. Cr. 169; People v. Koeraer (1907)^ 
117 App. Div. 49, 102 N. Y. Supp. 93, 20 N. Y. Cr. 526; see also People f;* 
Batting, 49 How. Pr. 392; People v. Hammill, 2 Park, 223; Lonergan f. 
People, 6 Park, 209, 50 Barb. 266, 34 How. Pr. 390; O'Brien v. People, H 
Barb. 274; People v. Williams, 43 Cal. 344; State v. Trivas, 32 La. AmJ 
1086, 36 Am. Rep. 293; United States v. Drew, 5 Mason, 28; State y. Ml* 
Qonigal, 5 Harring, 510. 

§ 1221. Intoxication in a public place. 

Any person intoxicated in a public place may be arrested with- 
out warrant while »o intoxicated, and be taken before a magi» 
trate having jurisdiction for examination on a charge of publil 
intoxication. If sudi charge is sustained the court or magistral! 
shall: 



^:r2 



Art 114J UNTUXIUATIUJN L§ 1221 

1. Release such person on probation for a -period not exceed* 
ing one year, and may in addition impose a fine not exceeding 
ten dollars payable in instalments as the court may direct ; or, 

2. Lnpose upon sudi person a fine not exceeding ten dollars, 
or a sentence of imprisonment not exceeding six months, or both 
such fine and imprisonment ; or, 

3. Cause such person to be committed to a hospital and indus- 
trial colony as provided in subdivision two of section one hundred 
nd thirty-nine-a of the general municipal law. 

Provided that, whenever in any city a board of inebriety shall 
hive certified in writing to the mayor of such city that the hos- 
pital and industrial colony of said board is ready to receive 
inmates, and notwithstanding any other provision of law, the 
oaurt or magistrates having jurisdiction, shall : 

a. Dismiss the complaint upon the receipt of a written request 
for release from a person arrested for public intoxication and 
upon the receipt of a report from a probation officer of the board 
of inebriety as provided in subdivision one of section one hundred 
and thirty-nine-a of the general municipal law; or, 

b. Issue warrant for the arrest of such person released pur- 
fliant to the provisions of subdivision one of section one hundred 
and thirty-nine-a of the general municipal law, and make such 
disposition of the case as is authorized in the subsequent pro- 
▼isions of this section ; or, 

c. Release such person, under the supervision of a probation 
officer appointed by the board of inebriety, for a period not ex- 
ceeding one year and upon such conditions as the court may im- 
pose. Upon violation of any of these conditions the probationer 
may be arrested on a warrant issued by the president or secretary 
of the board of inebriety and brought before the court. The court 
may, thereupon, impose sentence upon such probationer as pro- 
vided in the subsequent provisions of this section and shall do so 
if the probationer has been released under supervision two or 
more times and has twice violated the conditions of his release; or, 

d. Release such person on probation as in the next preceding 
•ubdivision of this section, and in addition impose a fine not ex- 
ceeding twenty-five dollars. Such fine may be paid in instal- 
ments in such amounts and at such times as the court may deter- 
mine and S'hall be paid to the board of inebriety in such manner 
as said board may direct. Upon failure to pay such fine as di- 
rected, the probationer may be arrested and brought before the 

2529 



§ 1221] INTOXICATION [Art. 114 

court as provided in the next preceding subdivision of this sec- 
tion. The court may, thereupon, impose sentence upon such 
probationer as provided in the subsequent provisions of this sec- 
tion and shall do so if the probationer has been released two or 
more times with an added fine imposed and has twice failed to pay 
the fine. All fines and portions of fines so collected shall be re- 
ported to the court by which such fine wa^ imposed; or, 

e. Commit such person to the custodv of the board of inebrietv 
on an indeteiminate sentence, for a period not exceeding six 
months, provided such person lias not been previously committed 
to the custody of such board, and pix)vided he has been previously 
arrested for public intoxication two or more times within the 
twelve months next preceding; or, 

f. Commit such person to the custody of the board of inebriety 
on an indeterminate sentence, for a period of not less than six 
months nor more than one year, provided such person has pre- 
viously been committed to such board ; or, 

g. Commit such per?on to the custody of the board of inebriety 
on an indetenninate sentence, fr>r a period of not less than one 
year nor more than three years, provided such person has been 
previously committed two or more times to sudi board ; or, 

h. Commit such person to a penitentiary for a period of not 
less than one year nor more than three years, provided such per- 
son has previously been committed to the l>oard of inebriety and 
the board has applied to the court to be released from the care 
and custody of such person as provided in subdivision five of 
section one hundred and thirty-nine-a of the general municipal 
law. The provisions of section twelve hundred and twenty-one 
shall not apply to the city of New York. (Amended by L. 1911, 
ch. 700, in effect July 19, 1911.) 

DeriTAtion: Liquor Tax Law, L. 1896, ch. 112, § 40, in part, as ameikded 
L. 1897, ch. 312, 9 28. For remainder of section, see I 1912, po9U 



S6Sb 



Art 116 JURIES AND JURORS §§ 1230-1231 



ARTICI^ 116. 

JURIES AND JURORS. 

8I0T1DN 1230. Defimition of juror. 

1231. Misconduct of officers at drawing of jurors and the formation 

of a jury. 

1232. False certificate as to jurors in Xew York city or Kings county. 

1233. False swearing perjury in New York county. 

1234. Misconduct as to trial jurors in Kings county. 

1236. Misconduct by trial jurors in New York county. 

.1236. Punishment for giving false information as to juror or sup* 
pressing notice to attend, in Kings county. 

1237. Grand juror acting after challenge has been allowed. 

§ 1230. Definition of juror. 

The word " juror " as used in section twelve hundred and 
thirty-one of this article, indudes a talesman, and extends to 
jurors in all courts, whether of record or not of record, and in 
special proceedings, and before any officer authorized to impanel 
a jury in any case or proceeding. 

IXeriTatlons Penal Code, § 81. 

§ 1231. Misconduct of officers at drawing of jurors and the 
formation of a jury. 

A person authorized by law to assist at the drawing or im- 
paneling of grand or trial jurors to attend a court, or a term of 
a court, or to try any cause or issue, or to assist in the formation 
of a jury, who: 

1. Designedly puts, or consents to the putting, uix)n a list of 
jurors as having been drawn, any name which was not lawfully 
drawn for that purpose; or, 

2. Designedly omits to place on such a list any name which was 
lawfully drawn; or, 

3. Designedly signs or certifier a list of such jurors as having 
been drawni which was not lawfully drawn; or, 

4. Designedly withdraws from the box, or other receptable for 
the ballots containing the names of such jurors, any paper or 
ballot lawfully placed or be1onp:ing there and containing the name 
of a juror, or omits to place in such box or rex'eptacle any name 
lawfully drawn or designated, or plaa>s in such box or reoeptade 

253 



§§ 1232-1234 JURIES AND JURORS Art. 1 

a paper or ballot containing the name of a person not lawful 
drawn ana designated as a juror; or, 

5. In the drawing of snch jurors, does any act which is unfa: 
partial or improper in any other respect ; or, 

6. Violates any of the provisions of sections eleven hundr< 
and sixty-three, eleven hundred and sixty-four, or eleven hundri 
and sixty-five of the code of civil procedure, 

Is guilty of a misdemeanor. 

Derivation: Penal Code, § 76, as amended L. 1905, ch. 692, 8 1. 

§ 1232. False certificate as to jurors in New York city • 
Kings county. 

A physician, who knowingly gives a false certificate, or mak 
a false representation, for the purpose of enabling or assistii 
a person, to be discharged, excused or exempted from servic 
as a trial juror in the city and county of New York, or in ti 
county of Kings, is guilty of a misdemeanor. 

Derivationx Code of Civil Proc., S§ 1120, IHl. 

§ 1233. False swearing, perjury in New York county. 

In New York county a person, who swears falsely in an a 
davit, or testifies falsely upon an inquiry, made as prescrib 
in article seventeen of the judiciary law, is guilty of perjui 
in a case where falsely swearing, in an affidavit, used upon 
motion in e civil action, or falsely testifying, upon the trial 
an issue of fact in such an action, would constitute that eric 

Derivation: Code of Civil Proc, S 1125. 

§ 1234. Misconduct as to trial jurors in Kings county. 

If the commissioner of jurors in Kings county, or either 
his assistants, or a derk or other person, employed by him, c 
niptly and without sufficient cause, omits the name of a pers^ 
duly drawn, from a panel of trial jurors, or the ballot, conta 
ing the name of such a person, from either of the boxes prescril 
in article eighteen of the judiciary law; or, directly or indirect 
receives a fee, reward, compensation, or advantage, in conside 
tion of, or as an inducement to such an omission; he is gui 
of a felony, and shalll, on conviction, be punished by inKpris< 
ment in a state prison, for a term not less than two, nor mc 

than five years. 

254 



irt. 116 JURIES AND JURORS § 1236 

A wilful omission by the commissioner of jurors in King» 
county, of a duty required of him by article eighteen of the 
judiciary law, other than that specified in this section, is a mis- 
demeanor. 

PeriTattons Code of Civil Proc, §§ 1158-1159. 



§ 1235. Misconduct by trial jurors in New York county. 

1. A person who gives, pays, promises, or offers, money, or any 
other thing, to the commissioner of jurors, the sheriff, the county 
derk, or other clerk of a court ; or to the deputy of, or a person 
employed by, the county clerk or other clerk of a court; or to an 
officer, messenger, or other person, employed by the sheriff, or the 
commissioner of jurora; for the purpose of enabling or assisting 
himself, or any other person, named or drawn as a tral juror, to 
evade, or to be discharged, exempted, or excused from service ; or 
who knowingly makes a false statement or representation, to a 
judge, the commissioner of jurors, or a member of the board of 
enforcement of jury fines, for such a purpose; or who knowingly 
retains, conceals, suppresses, or wilfully destroys, a notice to at- 
tend, before the commissioner of jurors, or at a term of a court, 
or any other paper, relating to the liability to serve, or service, as 
a trial juror, left at the residence or place of business of another, 
who has been named or d^a^^^l as a trial juror, is guilty of a mis- 
demeanor. The district attorney must prosecute for each offense, 
specified in this section, which conies to his knowledge. 

2. In Kew York county any person who takes money, or any 
other thing, as a gift, brilx*, or payment, for the purpose of en- 
abliug or assisting a person, named or drawn as a trial juror, to 
evade, or to be discharged, exempted or excused from jury duty; 
or who wilfully and knowingly prevents or hinders the execution 
of any provision of article seventeen of the judiciary law, is guilty 
of a misdemeanor. 

3. A person, named or drawn as a trial juror in New York 
county, to whom an offer or suggestion to procure his discharge, 
ttemption, or excuse from jury duty, for or in consideration of a 
corrupt inducement or reward, is made by any person, and who 
fails, within twenty-fonr hours thereafter, to inform the oonmiis- 
rioner of jurors thereof, is guilty of a misdemeanor. 

DOTlTmtloai Code of Civil Proc, }} 1122-1124. 



255 



§§ 1236-1237 JURIES AND JURORS Art. IIG 

§ 1236. Punishment for giving false information as to juror 
or suppressing notice to attend, in Kings county. 

A person, to whom application is made, within the county of 
Kings, by an assessor, or by the commissioner of jurors, or either 
of his assistants, for infonnation, as to a fact, upon which the 
liability of himself, or any* other person, to serve as a trial juror, 
depends, and who refuses to give information relating thereto, 
which he can give, or knowingly gives false information relating 
thereto; or a person w^ho knowingly Diakcs to an assessor, or to 
the commissioner of jurors, or a person acting by his authority, 
a false representation as to the identity, residence, or any other 
matter, relating to a juror, duly drawn, and placed on a panel 
to be notified ; or who knowingly retains, conceals, suppresses, or 
wilfully destroys, a notice to attend, left at the residence or place 
of business of another, who has been drawn as a trial juror, is 
guilty of a misdemeanor. 

DeriTatloiii Code of Civil Proc, § 1160. 

§ 1237. Grand juror acting after challenge has been allowed. 

A grand juror who, with knowledge that a challenge, interposed 
against him by a defendant, has been allowed, is present at or 
takes part or attempts to take part in the consideration of the 
charge against the defendant who interposed the challenge, or the 
delil)erations of the grand jury thereon, is guilty of a misde- 
meanor. 

DeriTatloBt Penal Code, | 144. 



256 



ARTICLE 118. 

KIDHAPPIKG. 

Sicnoif 1250. Kidnapping defined. 

1251. Xndictment for kidnapping, where triable. 

1252. Consent of kidnapped person. 

1253. Selling services of person kidnapped. 

1254. Removing from this state persons held to lerriee in another 

state. 

1255. Penalty imposed on judicial officers. 

§ 1250 Kidnapping defined. 

A person who wilfully : 

1. Seizes, confines, inveigles, or kidnaps another, with intent to 
cause him, without authority of law, to be secretly confined or 
imprisoned within this state, or to be sent out of the state, or to be 
sold as a slave, or in any way held to service or kept or detained, 
against his will ; or, 

2. Leads, takes, entices away, or detains a child under the age 
of sixteen years, with intent to keep or conceal it from its parents, 
guardian, or rther person having the lawful care or control thereof, 
or to extort or obtain money or reward for the return or disposi- 
tion of the child, or with intent to steal any article about or on the 
person of the child ; or, 

3. Abducts, entices, or by force or fraud unlawfully takee, or 
carries away another, at or from a place without the state, or pro- 
cures, advises, aids or abets such an abduction, enticing, taking, 
or carrying away, and afterwards sends, brings, has or keeps such 
person, or causes him to be kept or secreted within this state, 

• 

Is guilty of kidnapping, which is a felony and is punishable, if 
a parent of the person kidnapped, by imprisonment for not more 
than ten years and, if a person other than a parent of the person 
kidnapped, by imprisonment for not less than ten years nor more 
than fifty years. (Amended by L. 1909, ch. 246; L. 1911, ch. 

625, in effect Sept. 1, 1911.) 

DeriTation: Penal Code. S 211(2), as amended L. 1888, ch. 145, § 3; 
Penal Ck>de, S 211 (3). as amended L. 1907, ch. 683, S 1. 

Hadden t. People (1862), 25 N. Y. 373; Kauffman v. People (1877), 11 
Hun, 82; People v. Navagh (1886), 4 N. Y. Cr. 289, 41 Hun, 188; People v. 
De Leon il888), 109 N. Y. 228, 4 Am. St. Rep. 444, aff'g 47 Hun, 308; Peo- 
ple V. Pitzpatrick (1890), 57 Hun. 459. 10 N. Y. Supp. 629, 8 N. Y. Cr. 81; 
People V. Camp (1893). 139 N. Y. 87. aff'g 66 Hun, 531. 21 N Y. Supp. 741; 
Matter of Marceau (1900), 32 Misc. 217, 65 N. Y. Supp. 717; People t. 

257 



§§ 1251-1253J KIDXAPPIXG [Art. 118 

Panyko (1902). 71 App. Div. 324, 75 N. Y. Supp. 945; see also People v. 
Brunnell, 18 How. Pr. 443; Carpenter v. People, 8 Barb. 603; Mandeville v. 
Guernsey, 51 Barb. 99; People v. Tinsdale, 10 Abb. Pr. (N. S.) 374; Moody v. 

PiK)ple, 20 111. 315; State v. RolliiLs, 8 X. H. 550; Xutt v. State. 19 Ttx. 340; 
Manes v. State, 20 Tex. 38; United States v. Anearola, 1 Fed. 676, 17 Blatchf. 
423: Com. v. Brooks, 9 Gray, 299. 

§ 1250-a. Enticing inmates from public institutions. 

Any person who shall entice away or assist to escape an inmate 
of anv ])ublic charitable institution or custodial asvlum or institu- 
tion for the feeble-niindeil, idiots, epileptics or insane, or a reform- 
atory or reform school, or knowing such person to be such inmate 
})romi.^cs to provide a home for or to pay for the service of or to 
marry such inmate, or who shall keep or harbor any such inmate 
for the purposes above mentioned without the consent or approval 
of the board of managers of the institution in which such inmate 
was kept, shall be guilty of a misdemeanor. (Added by L. 19 IG, 
ch. 320, in effect April 26, 1916.) 

§ 1251. Indictment for kidnapping, where triable. 

An indictment for kidnapping may be tried either in the county 
in which the offense was committed, or in any county through or 
in which the person kidnapped or confined was taken or kept, 
while under confinement or restraint. 

Derivation: Penal Code, § 212. 

§ 1252. Consent of kidnapped person. 

Upon a trial for a violation of this article, the consent thereto 
of the person kidna]>]»e(l or confined shall not be a defense, unless 
it appears satisfactorily to the jury that such person was ab^ve the 
age of twelve years, and that the consent was not extorted by 
threats or duress. 

Derivation: Penal Code. § 213. 

People V. De Leon (1S8S). 101) X. Y. 228. 8 N. Y. Cr. 78, nfT'g 47 Hun, 308. 

§ 1253. Selling services of person kidnapped. 

A person who, within this state or elsewhere, sells or in any 
manner transfers, for any term, the services or labor of any person 

258 



Art 113] KIDXAPPIXG [§§ 1254-1255 

who has Leen forcibly taken, inveigled, or kidnapped in or from 
this state, is punishable by imprisonment in a state prison not 
exceeding ten years. 

Derivation: Penal Code» § 214. 

^ 1254. Removing from this state persons held to service in 
another state. 

• 

A person claiming that he or another is entitled to the services 
of a jKTson alleged to be held to labor or service in a state or 
territory of the United States who, except as authorized by special 
statute, takes, or removes, or wilfully does any act tending towards 
removing from this state any such person, is guilty of felony, 
punij^hable by imprisonment in the state prison not exceeding ten 
years, and by a penalty of five hundred dollars, recoverable in a 
civil action by the party aggrieved. 

DeriTationi^ Penal Code, § 215. 

§ 1255. Penalty imposed on judicial officers. 

A judge, or other public officer of this state who grants or issues 
any warrant, certificate or other process, in any proceeding for 
the removal from this "state of any person claimed as held to labor 
or service in a state or territory of the Ignited States, except in 

pursuance of the statutes of this state, is guilty of a misdemeanor; 

and in addition to the punishment therefor prescribc<l by law, he 

forfeits five hundred dollars to the party aggrieved, recoverable 

in a civil action. 

BeriTation: Penal Code, § 216. 



259 



§§ 1270-1271 LABOR Art 120 

ARTICLE 120. 

LABOR. 

Section 1270. Refusal to admit inspector to mines, tunnels, and quanrlei; 

failure to comply with requirements of inspector. 

1271. Hours of labor to be required. 

1272. Payment of wages. 

1273. Failure to furniEh seats for female employees. [Repealed.] 

1274. No fees to be charged for services renaered by free public 

employment bureaus. 

1275. Violations of provisions of labor law; the industrial code; 

the rules and regulations of the industrial board of the 
department of labor; orders of the commissioner of labor. 

1276. Negligently furnishing insecure scaffolding. 

1277. Neglect to complete or plank floors of buildings constructed 

in cities. 

1278. Fraudulent representaton in labor organizations. 

§ 1270. Refusal to admit inspector to mines, tunnels, and 
quarries ; failure to comply with requirements of inspector. 

A person: 

1. Refusing to admit the commissioner of labor, or any person 
authorized by him, to a mine, tunnel or quarry, and to each and 
Lvory part thereof, for the purpose of examination and inspec- 
tion; or, 

2. Neglecting or refusing to comply with the provisions of 
article nine of the labor law upon written notice of the com- 
missioner of labor, 

Is guilty of misdemeanor, and upon conviction therefor shall 
be punished by a fine of not less tlian fifty dollars, or by imprison- 
ment for not less than thirty days. 

Derivation: Penal Code, § 3S4g, added L. 1897, ch. 416, § 3, and 
amended L. 1906, ch. 521, § 1. 

§ 1271. Hours of labor to be required. 

Any person or corporation : 

1. Who, contracting with the state or a municipal corporation, 
shall require more than eight hours work for a day's labor; or, 

2. Who shall require more than ten hours labor, including 
one-half hour for dinner, to be performed within twelve con- 
secutive hours, by the employees of a street surface and elevated 
railway owned or operated by corporations whose main line of 
travel or routes lip principally Avithin the corporate limits of oitiee 
of more than one hundred thousand inhabitants; or, 

260 



Art. 120 LABOR § 1272 

3. Who shall require the employees of a corporation owning 
or operating a brickyard to work contrary to the requirements 
of section five of the labor law ; or, 

4. Who shall require or permit any employee engaged in or 
connected with the movement of any train of a corporation operat- 
ing a line of railroad of thirty miles in length, or over, in whole 
or in part within this state, to remain on duty more than sixteen 
consecutive hours; or to require or permit any such employee who 
has been on duty sixteen consecutive hours to go on duty without 
having had at least ten hours off duty ; or to require or permit 
any such employee who has been on duty sixteen hours in the 
aggregate in any twenty-four hour period, to continue on duty 
or to go on duty without having had at least eight hours off duty 
within such twenty-four hour period; except when by casualty 
oocunring after such employee has started on his trip, or by 
unknown casualty occurring before he started on his trip, and 
eicept when by accident or unexpected delay of trains scheduled 
to make connection with the train on which such employee is serv- 
ing, he is prev^ited from reaching his terminal ; 

Is guilty of a misdemeanor, and on conviction therefor shall 
i e punished by a fine of not less than five hundred nor more than 
one thousand dollars for each offense. (Amended by L. 1916, 
ch. 151, in effect April 7, 1916.) 

DeriTatloBS Penal Code, § 384h, added L. 1807, ch. 416, { 3; amended L. 
1907, ch. 506, 8 1. 

People V. Orange County Road Construction Co. (1903), 175 N. Y. 84, 
17 N. Y. Cr. 14, rev'g 73 App. Div. 580, 77 N. Y. Supp. 16, aflf'g 37 Misc. 341, 
75 N. Y. Supp. 510, 16 N. Y. Cr. 318; People ex rel. Cossey v. Grout (1904), 
179 N. Y. 422; People v. Williams (1907), 189 N. Y. 131, aff'g 116 App. 
Div. 379, 100 N. Y. Supp. 337, 101 N. Y. Supp. 562, 51 Misc. 385? see also 
Street v. Vamey, etc., Co., 61 L. R. A. 154; Greenwich v. Carroll, 125 Fed. 128. 

§ 1272. [Am'd, 1909.] Payment of wages. 

A corporation or joint stock association or person carrying on 
the business thereof, by lease or otherwise, who does not pay the 
wages of all its employees in accordance with the provisions of 
the labor law, is ^ilty of a misdemeanor, and upon conviction 
therefor, shall be fined not less than one hundred nor more than 
ten thousand dollars for each offense. An indictment of a person 

2G1 



§§ 1273-1275 LABOR Art. 120 

or corporation operating a steam surface railroad for an offenfie 
specified in this section may be found and tried in any county 
within the state in which such railroad ran at the time of such 
oflFenee. 

DeHTationi Penal Code, § 384i. added L. 1897, ch. 416, $ 3. AmM by L. 
1909, ch.'zOS. In effect April 17, 1909. 

People V. Schermerhorn (1908), 69 Mipc. 149, 112 N. Y. Supp. 222. 

§ 1273. Failure to furnish seats for female employees. 
(Repealed by L. 1913, ch. 349, in effect April 22, 1913.) 

DeriTatlon: Penal Code, S 384J, added L. 1897, ch. 416, S 3. 

§ 1274. No fees to be charged for services rendered by free 
public employment bureaus. 

A person connected with or employed in a free public employ- 
ment bureau, who shall charge or receive directly or indirectly 
any fee or compensation from any person applying, to such bureau 
for help or employment, is guilty of a misdemeanor. 

DeriTatlon: Penal Code, S 384k. added L. 1897, ch. 416, § 3. 

§ 1275. Violations of provisions of labor law; the industrial 
code; the rules and regulations of the industrial board of the 
department of labor; orders of the commissioner of labor. 

Any person who violates or does not comply with any provision 
of the labor law, any provision of the industrial code, any rule or 
regulation of the industrial board of the department of labor, or 
any lawful order of the commissioner of labor; and any person 
who knowingly makes a false statement in or in relation to any 
application made for an employment certificate as to any matter 
required by article six and eleven of the labor law to appear in 
any affidavit, record, transcript or certificate therein provided for, 
is guilty of a misdemeanor and upon conviction shall be punished, 

2G2 



Art 120 LABOR § 1276 

except as in this chapter otherwise provided, for a first offense 
by a fine of not less than twenty nor more than fifty dollars ; for 
a second offense by a fine of not less than fifty nor more than two 
hundred and fifty dollars, or by imprisonment for not more than 
thirty days or by both such fine and imprisonment; for a third 
offense by a fine of not less than two hundred fifty dollars, 
or by imprisonment for not more than sixty days, or by both such 
fine and imprisonment, (Amended by L. 1911, ch. 749 ; L 1912, 
ch. 383; L. 1913, ch. 349, in effect April 22, 1913.) 

DeriTatlont Penal ( <»V, $; ^.'41, added L. 1897, ch. 416; amended L. 
1903, ch. 380, S 1; L. 1907, ch. 506, § 2. 

People V. Orange Co. Road Const. Co. (1903), 175 N. Y. 94, rev'g 73 App. 
Di?. 581, 77 N. Y. Supp. 16, afT'g 37 Misc. 341, 76 N. Y. Supp. 510; People v. 
Lochner (1904), 177 N. Y. 145, aflf'g 73 App. Div. 120, 76 N. Y. Supp. 396; 
Gallenkamp v. Garvin Machine Co. (1904), 91 App. Div. 147, 86 N. Y. Supp. 
378; Sitts V. Waiontha Knitting Co. (1904), 94 App. Div. 45, 87 N. Y. Supp. 
911; People t. Williams (1906), 51 Misc. 385, 100 N. Y. Supp. 337; People 
V. Williams (1907), 189 N. Y. 131, aff'g 116 App. Div. 379, 100 N. Y. Supp. 
510; Graves ▼. Stickley Co. (1908), 125 App. Div. 136, 109 N. Y. Supp. 266. 

§ 1276. Negligently furnishing insecure scaffolding. 

A person or corporation employing or directing another to do 
or perform any labor in the erection, repairing, altering or paint- 
ing, any house, building or structure within this state, who know- 
ingly or negligently furnishes or erects or causes to be furnished 
or erected for the performance of such labor, unsafe, unsuitable 
or improper scaffolding, hoists, stays, ladders or other mechanical 
contrivances; or who hinders or obstructs any officer detailed to 
inspect the same, destroys or defaces any notice posted thereon, 
or permits the use then of after the same has been declared unsafe 
by such officer contrary to the provisions of article two of the 
labor law, is guilty of a misdemeanor. 

DeiiTatioiit Penal Code, § 447a, added L. 1893, ch. 692, § 2) amended 
L. 1897, ch. 416, $ 1. 

Wingert t. Krakauer (1902), 76 App. Div. 34, 78 N. Y. Supp. 664. 



269 



$§ 1277-1278 LABOR Art 180 

§ 1277. Neglect to complete or plank floors of buildings con- 
structed in cities. 

A person, oonstructing a building in a city, aa owner or con- 
tractor, who violates the provisions of article two of the labor 
law, relating to the completing or laying of floors, or the plank- 
ing of such floors or tiers of beams as the work of oonstruction 
progresses, is guilty of a misdemeanor, and upon conviction there- 
for shall be punished by a fine for each offense of not lees than 
twenty-five nor more than two hundred dollars. 

DeriTatloiii Penal Code, § 447c, added L. 1897, ch. 416, S 2. 

§ 1278. Fraudulent representation in labor organizations. 

Any person who represents himself or herself to be a mem- 
ber of, or who claims to represent a labor organization which 
does not exist within the state, at the time of such representa- 
tion, or iwho has in his or her possession a credential, certifi- 
cate OT letter of introduction bearing a fraudulent seal, or bearing 
the seal of a labor organization which has ceased to exist, and does 
not exist at the time of such representation, and attempts to gain 
admission by the use of said credential, certificate or letter of 
introduction, as a member of any convention, or meeting of repre- 
sentatives of labor organizations of the state, shall be guilty of a 
misdemeanor and upon conviction thereof shall be punishable by a 
fine of not less than twenty dollars nor more than fifty dollars, 
and imprisonment for not less than ten days nor more than thirty 
days in the jail of the county wherein such conviction is had, or 
by both such fine and imprisonment. 

DOTiTatloat I^ 1808, eh. 671. 



S64 



All 122] LARCENY [§ 1290 



ARTICLE 12t. 



SicnDir 1290. Larceny defined. 

1291. Severance of fixture from realty, larceny. 

1292. Completed unissued instruments, property. 

1293. Obtaining money or property by fraudulent draft. 
1293a. Unauthorized use of vehicles. 

1293b. Obtaining property or credit by uw» of false statements. 

1294. Grand larceny in first de^ee. 

1295. Grand larceny in first degree; how punished. 

1296. Grand larceny in second degree. 

1297. Grand larceny in second degree; how punished. 

1298. Petit larceny defined. 

1299. Petit larceny a misdemeanor. 

1300. Appropriating lost property. 

1301. Bringing stolen goods into state, larceny. 

1302. Conversion of property held in trust or by virtue of olBeey Iat* 

ceny; how punished. 

1303. Value of stolen evidence of debt, how ascertained. 

1304. Value of stolen passage ticket, how ascertained. 

1305. Value of other stolen articles, how ascertained. 

1306. Claim of title a ground of defense. 

1307. Intent to restore property no defense. 

1308. Buying or receiving stolen or wrongfully acquired property. 

1309. Averment and proof of conviction of principal not necMsary. 

1310. Conversion of materials furnished to a person for purpose of 

being manufactured. 

§ 1200. Larceny defined. 

A person who, with the intent to deprive or defraud the true 
owner of his property, or of the use and benefit thereof, or to 
appropriate the same to the use of the taker, or of any other 
person: 

1. Takes from the possession of the true owner, or of any 
other person; or obtains from such possession by color or aid of 
fraudulent or false representation or pretense, or of any false 
token or writing; or secretes, withholds, or appropriates to his 
own use, or that of any person o.her than the true owner, any 
money, personal property, thing in action, evidence of debt or 
contract, or article of value of any kind ; or, 

2. Having in his possession, custody, or control, as a bailee, 
servant, attorney, agent, clerk, trustee, or officeT oi ^Ti'j ^tvsiv^ 
gioBodation, or corporation, or as a public officer, ox «i^ «t ^«t««i\ 

Mutborized bjr agreement, or by competent auO^jrvty, V> 'W^^ c 



§ 1290] LAKCE-KTY [Art. 122 

take, such possession, custody, or control, any money, property, 
evidence of debt or contract, article of value of any nature, or 
thing in action or possesion, appropriates the same to his own 
use, or that of any other person other than the true owner or 
person entitled to the benefit thereof, 

Steals such property, and is guilty of larceny. 

Hereafter it shall not be a defense to a pi^osecution for larceny, 
or for an attempt or for conspiracy to commit the same, or for 
being accessory thereto, that the purpose for which the owner was 
induced by color or aid of fraudulent or false representation or 
pretense, or of any false token or writing, to part with his property 
or the possession thereof was illegal, immoral or unworthy. 

DeriTation: Penal Code, § 528, as amended L. 1907, ch. 581, S 1. 

Pannoy v. People (1800), 22 N. Y. 417: Thomas v. People (1866), 34 N. Y. 
352; Wilson v. People (1868), 39 N. Y. 459; People v. McDonald (1870), 43 
y. Y. 61; People v. Cole (1870), 43 N. Y. 508; Knickerbocker v. People 
(1870), 43 N. Y. 177, afrg 57 Barb. 305; People v. McDonald (1870), 43 N. 
Y. 61; McCord v. People (1871), 40 N. Y. 470; Harrison v. People (1872), 
50 N. Y. 518; Smith v. People (1873), 53 N. Y. Ill; Bielschofsky v. People 
(1874), 3 Hun, 40; Hildebrand v. People (1874), 56 N. Y. 394. aff'd 1 Hun, 
10, 3 Th. & C. 82; Weyman v. People (1875). 4 Hun, 611, 62 N. Y. 623; Mc- 
Court V. People (1876), 64 N. Y. 583; Abrams v. People (1876), 6 Hun, 491; 
Loomis V. People (1870). 67 N. Y. 322; Foote v. People (1877). 17 Hun, 
218; Macino v. People (1877). 12 Hun, 127; Phelps v. People (1878), 72 N. 
Y. 334; Zink v. People (1879), 77 N. Y. 114, 33 Am. Rep. 589, 6 Abb. N. C. 
427, rev'g 16 Hun, 396; Goldstein v. People (1880), 82 N. Y. 235; People ex 
rel. Phelps v. 0>er & Terminer (1880), 83 N. Y. 449; Mullaly v. People 
(1881), 86 N. Y. 365, 309; Shipply v. People (1881), 86 N. Y. 375, 40 Am. 
Rep. 551, aff'g 12 W. Dig. 239, 24 Hun, 656; Watson v. People (1882), 87 N. 
Y. 505, aff'g 26 Hun, 76; People v. Blanchard (1882), 90 N. Y. 319; People 
V. Tweed (1882), 1 N. Y. Cr. 97; Justices, etc., v. People ex rel. Henderson 
(1882), 90 N. Y. 12, 43 Am. Rep. 135, rev'g 26 Hun, 637; People v. Wood- 
ward (1883), 31 Hun, 57, 2 N. Y. Cr. 32, 51 Am. Rep. 312; Thorne v. Turck 
(1883), 94 N. Y. 95; Bork v. People (1883), 91 N. Y. 5; Webster v. People 
(1883), 92 N. Y. 427; People v. Baker (1884), 96 N. Y. 340; People v. Moore 
(1885), 37 Hun, 84, 3 N. Y. Cr. 458; People v. Grimm (1885), 3 N. Y. Or. 
317; People v. Church (1885), 3 N. Y. Cr. 57; People v. Stevens (1885), 38 
Hun, 62, aff'd 109 N. Y. 034; People v. Ward (1885), 3 N. Y. Cr. 483; Peo- 
ple V. Reavey (1885), 4 N. Y. Cr. 1, 38 Hun, 418, 39 Hun, 364; People vi 
Church (1885), 3 N. Y. Cr. 57, 1 How. Pr. (N. S.) 309; People v. Ward 
(1885), 3 N. Y. Cr. 483; People v. Morse (1885), 99 N. Y. 662, 3 N. Y. Cr. 
104, 321; People v. WiUett (1886), 102 N. Y. 252; People v. Cruger (1886) [ 
102 N. Y. 610; People v. McCallam (1886), 103 N. Y. 588; People v. Cmlle 
(1887), 44 Hun, 497; People v. Dumar (1887), 106 N. Y. 602; People t. 
Dimick (1887), 107 N. Y. 14, reVg 5 N. Y. Cr. 185; People t. Dumar (1887), 

266 



Art. 123] LARCEXY [§ 1290 

106 N. Y. 507; Benedict v. Williams (1888), 48 Hun, 123; Soltau v. Gerdau 
(1888), 48 Hun,537, IN.Y.Supp. 163,ard 119 N. Y. 380; People ▼. Polloek 
(18«»), 61 Hun,613,4 N. Y. Supp. 297 ; People v. Bliven (1889), 112N. Y. 87; 

Peoples. Dunn (1889), 63 Hun, 381, 6 N. Y. Supp. 805, 7 N. Y. Cr. 185 ; People 

T. Brien (1889), 53 Hun, 496, 6 N. Y. Supp. 108, 7 N. Y. Cr. 166; People ▼. 

Rice (1891), 13 N. Y. Supp. 161, affM 128 N. Y. 649; People v. Boaworth 

(1892), 64 Hun, 72, 19 N. Y. Supp. 114; People v. Sherman (1892), 133 N. 

Y. 349, aff'g 10 N, Y. Cr. 53; People v. Gottschalk (1892), 60 Hun, 64, 20 

y. Y. Supp. 777; People v. Leland (1893), 73 Hun, 162, 25 N. Y. Supp. 943; 
People V. Pinckney (1893), 67 Hun, 428, 22 X. Y. Supp. 118; People v. Law- 
rence (1893), 137 N. Y. 517, rev'g 66 Hun, 574, 21 N. Y. Supp. 818; People 
T. Hall (1893), 74 Hun, 96, 26 N. Y. Supp. 403; People v. Evans (1893), 69 
Hun, 222, 23 N. Y. Supp. 717; People v. Jefferey (1894), 82 Hun, 409, 31 N. 
Y. Supp. 267; People v. Hughes (1895), 91 Hun, 354, 36 N. Y. Supp. 493, 11 
N. Y. Cr. 154; People v. Hurlburt (1805), 02 Hun, 4G, 36 N. Y. Supp. 867; 
People V. Hendrickson (1897), 12 N. Y. Cr. 321, 46 N. Y. Supp. 402; People 
T. Dorthy (1897), 20 App. Div. 308, 46 N. Y. Supp. 970, 156 N. Y. 237; Peo- 
ple V. Peckena (1897). 153 N. Y. 593, aff'g 12 App. Div. 626, 43 N. Y. Supp. 
1160; People v. Gaynor (1898), 33 App. Div. 102, 53 N. Y. Supp. 86; 
People V. Hazard (1898), 28 App. Div. 304, 50 X. Y. Supp. 1023, aff'd 158 
X. Y. 727; Moss t. Cohen (1899), 158 X. Y. 240; People v. xMoran (1899), 43 
App. Div. 156, 69 N. Y. Supp. 312; People v. Lovejoy (1899), 37 App. Div. • 
52, 56 N. Y. Supp. 543, 13 X. Y. Cr. 413; People v. Livingstone (1900), 47 
App. Div. 283, 62 X. Y. Supp. 9, 14 X. Y. Cr. 422; Matter of Derapsey (1900), 
32 Misc. 178, 65 X. Y. Supp. 722, 15 X. Y. Cr. 90; People v. Lammerta 

(1900), 164 X. Y. 144, 15 X. Y. Cr. 162, aff'd 51 App. Div. 618, 64 X. Y. 
Supp. 1146; People v. Mitchell (1000), 49 App. Div. 531, 63 X. Y. Supp. 522, 

14 N. Y. Cr. 639, aff'd 168 X. Y. 604; People v. Miller (1901), 169 X. Y. 
339, rev'g 64 App. Div. 450, 72 X. Y. Supp. 253; People v. Seldner (1901), 62 

App. Dir. 361, 71 X. Y. Supp. 35; People v. Wheeler (1901), 169 X. Y. 487; 

People V. Paine (1901), 35 Misc. 763, 72 X. Y. Supp. 3, 16 X. Y. Cr. 60; 

People V. Monroe (1901), 64 App. Div. 130, 71 X. Y. Supp. 803, 

16 N. Y. Cr. 8; People v. Hart (1901), 35 Misc. 182, 71 X. Y. 

Supp. 492, 16 X. Y. Cr. 483; People v. Miller (1901), 169 X. 

Y. 339, 88 Am. St. Rep. 546, 99 X. Y. Supp. 1005, rev'g 64 

App. Div. 460; People ex rel. Albert v. Pool (1902), 77 App. Div. 148, 78 

X. Y. Supp. 1026; People v. Whitman (1902), 72 App. Div. 90, 76 X. Y. 

Supp. 211, 16 X. Y. Cr. 463; People v. Dilcher (1902), 38 Misc. 89, 16 X. Y. 

Cr. 648, 77 X. Y, Supp. 108; People v. Stein (1903), 80 App. Div. 358, 80 

X. Y. Supp. 847; People v. Rothstein (1003), 42 Misc. 123, 85 X. Y. Supp. 

1076, 18 X. Y. Cr. 448; People ex rel. Sandman v. Brush (1903), 41 Misc. 

56, 83 N. Y. Supp. 607; People v. Walker (1903), 85 App. Div. 560, 83 X. Y. 

Supp. 372; People ex rel. Murphy v. Crane (1003), 80 App. Div. 202, 80 X. 

Y. Supp. 408; People ex rel. Lacina v. Lavin (1003), 41 Misc. 53, 83 X. Y. 

Supp. 630, 17 X. Y. Cr. 378; People v. Thomas (1903), 83 App. Div. 226, 82 

X. Y. Supp. 216; People v. Ammon (1904), 92 App. Div. 205, 87 X. Y. Supp. 

368; People ▼. Putnam (1904), 90 App. Div. 125, 85 X. Y. Supp. 1056, 18 

X. Y. Cr. 104; People v. Fletcher (1906), 110 App. Div. 231, 97 X. Y. Supp. 

•2; Peopl* T. KMag (1906), 106 App. Div. 506, 94 X. Y. Supp. 617; People t. 



§1290] LAECENY [Art 122 

Kellogg (1905), 106 App. Div. 605, 94 N. Y. Supp. 617; People v. Hart (1906), 
114 App. Div. 9, 99 N. Y. Supp. 768; Grathwohl ▼. N. Y. C. A H. R. R. R. 
Co. (1906), 116 App. Div. 176, 101 N. Y. Supp. 667; People v. Hnggins 
(1906), 110 App. Div. 613, 97 N. Y. Supp. 62; People ex rel. Perkins v. 
Kellogg (1905), 105 App. Div. 505, 94 N. Y. Supp. 617; People v. Hart (1W6), 
114 App. Div. 480, 100 N. Y. Supp. 160, 20 N. Y. Cr. 302; People v. Rein 
(1906), 114 App. Div. 431, 99 N. Y. Supp. 1002; People v. Snyder (1906), 
110 App. Div. 699, 97 N. Y. Supp. 469; People v. Koller (1906), 116 App. 
Div. 173, 101 N. Y. Supp. 618.; People v. Eaton (1907), 122 App. Div. 706, 
107 N. Y. Supp. 849; People v. Klock (1907), 55 Misc. 46, 106 N. Y. Supp. 
267; Lewis v. Shaw (1907), 122 App. Div. 96, 106 N. Y. Supp. 1012; Matter 
of Greene (1907), 121 App. Div. 693, 106 N. Y. Supp. 425; People v. Gluck 
(1907), 188 N. Y. 167; People v. Burnham (1907), 119 App. Div. 302, 104 
N. Y. Supp. 725, 21 N. Y. Cr. 192; People ex rel. Perkins v. Moss (1907), 187 
N. Y. 410, 20 N. Y. Cr. 578; People v. Sattekau (1907), 120 App. Div. 42; 
People V. Neff (1908), 191 N. Y. 210, 122 App. Div. 135, 106 N. Y. Supp. 747; 
People V. Gallagher (1008), 58 Misc. 514, 111 N. Y. Supp. 478; Matthews k 
Co. V. Employer's Liability Assur. Corp. (1908), 127 App. Div. 196; see also 
People V. Bough, 16 N. Y. St. 18; People v. Bradley, 4 Park, 246; Butler v. 
Maynard, 11 Wend. 552; Crocheron's Case, 1 City Hall Rec. 177; Ellis v. 
People, 21 How. Pr. 359; People v. Griffin, 38 How. Pr. 475; Healy's Case, 
4 City Hall Rec. 36; People v. Herman, 45 N. Y. 175; People v. Keepers, 13 
N. Y. St. 357; Linnenden's Case, 1 City Hall Rec. 30; People v. Loomis, 4 
Den. 380; People v. McGarren, 17 Wend. 460; Phelps' Case, 49 How. Pr. 440; 
Reff V. People, 2 Park, 139; People v. Sanborn, 14 N. Y. St. 129; People v. 
Schuyler, 6 Cow. 572; People v. Stetson, 4 Barb. 161; People v. 
Tompkins, 1 Park, 238; Ward v. People, 3 Hill, 396; People v. Williams, 
4 Hill, 9; Wood v. State, 48 Ala. 161, 17 Am. Rep. 31; People v. Cheong 
Foon Ark, 61 Cal. 527; Malachi v. State (Ala.), 42 Alb. L. J. 881; 
People v. Rae, 66 Cal. 423, 60 Am. Rep. 102; People v. Jaurez, 28 Cal. 380; 
People v. Jersey, 18 Cal. 337; People v. Howard (Cal.), 67 Pac. 148; Murphy 
V. People, 104 111. 528; State v. Doe, 79 Ind. 9, 41 Am. Rep. 699; Lefler v. 
State, 153 Ind. 82, 45 L. R. A. 424; Com. v. Hazelwood. 84 Ky. 681; Com. v. 
Barry, 124 Mass. 325; State v. Harriman, 75 Me. 602, 46 Am. Rep. 428; 
State V. Mitchener, 98 N. C. 089; Cunningham v. State, 61 N. J. L. 67; State 
V. Davis, 38 N. J. L. 170, 20 Am. Rep. 367; SUte v. Lyman, 26 Ohio St 400, 
20 Am. Rep. T72; Wilson v. State, 18 Tex. App. 270, 61 Am. Rep. 311; 
Cunningham v. State, 27 Tex. App. 479; State v. Crowley, 41 Wis. 271; Peo- 
ple V. Aitta, 28 Week. Dig. 326; Delk v. State, 60 Am. Rep. 46; Queen v. 
Kenny, 20 Eng. Rep. 360; People v. Burton, 10 Week. Dig. 195; Reg. v. 
Flowers, 10 Cox Cr. Cas. 33, 37 Eng. Rep. 797; State v. Powell, 4 L. R. A. 
291; People v. Wiggins, 10 Week. Dig. 141; Reg. v. Flatman, 21 Alb. L. J. 
404, 418; Mayor v. Meigs, 1 McArthur, 53, 29 Am. Rep. 578; State v. Brown, 
9 Baxt. 53, 40 Am. Rep. 81; State v. Yates, 37 Alb. L. J. 232; Reg. v. Archer, 
Cox Cr. Cas. 518; Com. v. Morrill, 8 Cush. 571; Reg. v. Goodhall, Rust, ft 
Ryan, 461; Reg. v. Jennison, 2 Cox Cr. Cas. 168; Reg. v. Bates, 3 Cox Cr. 
201; West's Case, 1 D. & B. 675; Reg. v. Ashwell, 16 Cox Or. Caa. 1, 87 
Eng. Rep. 767, 7 Crim. L. Mag. 486, 16 Q. B. Div. 190, 38 Alb. L. J. 68; Reg. 
V. Hollis, 16 Cox Cr. 345, 36 Eng. Rep. 666; Defrese v. State, 3 Heisk. 53, 8 
Am, Rep. 1; Reg. r. Buckmaster, 12 Cox Or. Cas. 339. 

268 



Art. 122] LAUC'EXV [§§ 129Ml>J)l>-ii 

§ 1891. Severance of fixture from realty, larceny. 

All the provisions of this article ajiply to cases where the thiiipj 
taken is a fixture or part of the realty, or any growing tree, plant, 
or produce, and is severed at the time of the taking, in the same 
manner as if the tiing had been severed by another i)ersf>n at a 

previous time. 

DeriTationt Penal Code, § 537. 

Aroiie V. Lauudi-IB (1904), 43 Misc. 138. 88 X. Y. Supp. 2.')9; People v. 
Winier (1904), 43 Misc. 136, 88 X. Y. Supp. 2S1; Vruom v. Tillv (1906), 
m S, Y. 168, affg 99 App. Div. 516, 91 X. Y. Supp. 51. and also 28 Eng. 
Kep. 127; People v. Gallagher (1908). 58 Mij'c. 515, 111 X. Y. Supp. 473; 
People T. Jlorrison (1908), 124 App. Div. 10, 108 X. Y. Supp. 262. 

§ 1292. Completed unissued instruments, property. 

AH the provisions of this article, and jjcciions four hundred and 
forty-two and nine hundrtnl and forty-seven of this chapter apply 
to cases where the property taken is an instrument for the pay- 
ment of money, an evidence of debt, a public security, or a pa<sap:c 
ticket, completed and ready to be issued or delivered, although 
the same ias never been issued or delivered by the maker thereof 
to anv person as a purchaser or owner. 

Derivations Penal Code, §'536. 

Phelps V. People (1878), 49 How. Pr. 437, 72 X. Y. 334; People v. Stevens 

fl885), 38 Hun 62, 3 N. Y. Cr. 586. aff'd KM) X. Y. 634: People v. Ward 

n885), 3 N. Y. Cr. 483; People v. Fletcher (1905), 110 App. Div. 231, 234, 

97 N. Y. Supp. 62; People v. Jackson, 8 Barb. 637; People v. Wiley, 3 

Hill 194. 

J1292-a. Obtaining money by fraudulent check, draft or 
er; how punished. 

Any person who, with intent to defraud, shall make or draw or 
utter or deliver any cheek, draft or order for the payment of money 
upon any bank or other deposit^iry, knowing at the time of such 
making, drawing, uttering or delivering that the maker or drawer 
has not sufficient funds in or credit with such bank or other depos- 
itary for the payment of such check, although no express represen- 
tation is made in reference thereto, shall he guilty of attemptcl 
larceny, and if money or property is obtaine<l from another thereby 
is guilty of larceny and punishable accordingly. 

in any prosecution under this section as against the maker or 
drawer thereof, the making, drawing, uttering or delivering of 
a check, draft or order, payment of which is refused by the drawee 
because of lack of funds or credit, shall be ])rima facie evidence of 
intent to defraud and of knowledge of insufficient funds in or 
credit with such bank or other depositary, unless such maker or 
drawer shall have paid the drawee therec>f the amount due thereon, 
together -with interest and protest fees, within ten davs after 

269 



§§ 1293-1292^b] LARCENY [Art. 122 

receiving notice that such check, draft or order has not been paid 
by the drawee. 

The word " credit," as used herein, shall be construed to mean 
an arrangement or understanding with the bank or d€pacitary for 
the payment of such check, draft or order. (Added by L. 1918, 
ch. 314, in effect Sept. 1, 1918.) 

§ 1293. Obtaining property by fraudulent order. 

A person who wilfully, with intent to defraud, by color or aid 
of an order for the delivery of property, when such person knows 
that the drawer or maker thereof is not entitled to order the deliv- 
ery of the property, although no exi>ress representation is made in 
reference thereto, obtains from another any property, is guilty of 
stealing the same and punishable accordingly. (Amended by L. 
1918, ch. 314, in effect Sept 1, 1918.) 

DeriTation: Penal Code, § 529. 

Smith V. People (1872), 47 N. Y. 303: Lesser v. People (1878), 12 Hun 
670, 73 N. Y. 78; Foote v. People (1879), 17 Hun 218; People v. Cuyken- 
dall (1885), 3 N. Y. Cr. 312; Sieling v. Clark (1896), 18 Misc. 465, 41 N. Y. 
Supp. 982; People v. Dilcher (1902), 38 Misc. 89, 77 N. Y. Supp. 108; 
People V. Whiteman (1902), 72 App. Div. 90, 16 N. Y. Cr. 461, 76 N. Y. 
Supp. 211; People v. Putnam (1904), 90 App. Div. 126, 85 N. Y. Supp. 1056; 
People V. Lipp (1906), 111 App. Div. 504, 98 N. Y. Supp. 86; People v. 
Huggins (1906), 110 App. Div. 613, 97 N. Y. Supp. 187, 20 Crim. Rep. 267; 
Allen's Case, 3 City Hall l^c. 118; Decosta's Case, 1 City Hall Rec 83. 

§ 1293-a. Unauthorized use of vehicles. 

Any chauffeur or other person who without the consent of the 
owner shall take, use, operate or remove, or cause to be taken, 
used, op(^rated or removed from a garage, stable, or other building 
or place or from any place or locality on a private or public high- 
way, park, parkway, street, lot, field, inclosure or space an automo- 
bile or motor vehicle, and operate or drive or cause the same to 
be operated or driven for his o\m profit, use or purpose, steals the 
same and is guilty of larceny and shall be punishable accordingly. 
(Added by L. 1000, ch. 5li; and amended by L. 1910, ch. 621, 
in effect June 24, 1910.) 

§ 1293-b. Obtaining property or credit by use of false 

statement. 

Any, i)crson 

1. Who shall knowingly make or cause to be made, either 
directly or indirectly, or through any agency whatsoever, any false 
statement in writing, with intent that it shall be relied upon, 
resjiecting the financial condition, or means or ability to pay, of 
himself, or any other person, firm or corporation, in whom he is 
interested, or for whom he is acting, for the purpose of procuring 

270' 



Art 122] LARCEXY [§§ 1293-l>-1293-c 

in any form whatsoever, either the delivery of personal property, 
the payment of cash, the making of a loan or credit, the extension 
of a credit^ the discomit of an account receivable, or the making, 
acceptance, discount, sale or indorsement of a bill of exchange, or 
promissory note, for the benefit of either himself or of such person, 
nrm or corporation ; or 

2. Who, knowing that a false statement in writing has been 
made, respecting the financial condition or means or ability to 
pay, of himself, or such person, firm or corporation in which he is 
interested, or for whom he is acting, procures, upon the faith 
thereof, for the benefit eittier of himself, or of such person, firm 
or corporation, either or any of the things of benefit mentioned in 
subdivision one of this section ; or 

3. Who, knowing that a statement in writing has been made, 
respecting the financial condition or means or ability to pay of 
himself or such person, firm or corporation, in which he is inter- 
ested, or for whom he is acting, represents on a later day, either 
orally or in writing, that such statement theretofore made, if then 
again made on said day, would be then true, when in fact, said 
statement if then made would be false, and procures upon the faith 
thereof, for tlie benefit either of himself or of such person, firm 
or corporation, either or any of the things of benefit mentioned in 
subdivision one of this section. 

Shall be guilty of misdemeanor and punishable by imprison- 
ment for not more than one year or by a fine of not more than one 
thousand dollars, or both fine and imprisonment (Added by L. 
1012, ch. 340, in eflFect Sept. 1, 1912.) 

§ 1293-c. Obtaining property or the use of property by 
fraudulently operating a slot machine, coin-box telephone or 
other coin receptacle. 

Any person who shall operate or cause to be operated or who 
shall attempt to operate or attempt to cause to be operated any 
automatic vending machine, slot machine, coin-box t-elophone or 
ether receptacle designed to receive lawful coin of the United 
States of America in connection with the sale, use or enjoyment of 
property or service, by means of a slug or of any false, counter- 
feited, mutilated or sweated coin, or by any means, method, triek 
or device whatsoever not lawfullv authorize.! bv the owner, lessee 
or licensee of such machine, coin-box telephone or receptacle ; or 
who shall take, obtain or receive from or in connection with any 
automatic vending machine, slot machine, coin-box telephone or 
other receptacle designed to receive lawful coin of the United 
States of America in connection with the sale, use or enjoyment 

270a 



§§1294-1296] L^U{CE.\Y [Art. 122 

of property or service, any goods, wares, merchandise, gas, electric 
current, article of value, or the use or enjoyment of any telephone 
or telegraph facilities or service, or of any musical instrument, 
phonograph or other property, without depositing in and surren- 
dering to such machine, coin-box telephone or receptacle lawful 
coin to the amount required therefor by the o^Tier, lessee or licensee 
of such machine, coin-box telephone or receptacle, shall be guilty 
of a misdemeanor and punishable by imprisonment for not more 
than six months, or by a fine of not more than two hundred and 
fiftv dollars, or by both fine and imprisonment. (Added bv L. 
1916, ch. 367, Sept. 1, 1916.) 

§ 1294. Grand larceny in first degree. 

A person is guilty of grand larceny in the first degree, who 
steals, or unlawfully obtains or appropriates, in any manner speci- 
fied in this article ; 

1. Property of any value, by taking the same from the person 
of another in the night time; or, 

2. Property of the value of more than twenty-five dollars, by 
taking the same in the night time from any dwelling-house, vessel, 
or railway car ; or, 

3. Property of the value of more than five hundred dollars, in 
any manner whatever. 

Derivatioiit Penal Codo, § 530. 

WiUiams v. People (1862), 24 N. Y. 405; Phelps v. People (1878), 72 
N. Y. 334; People v. McTameney (1883), 13 Abb. N. C. 56, 66 How. Pr. 
73, 1 N. Y. Ct. 437: People v. Bork ( 1884), 31 Hun 360, 1 N. Y. Cr. 3C8, 01 
N. Y. 5; People v. Dunn (1889). 7 N. Y. Cr. 174. 53 Hun 384, 6 N. Y. Supp. 
805; People v. Frazier (1901), 36 Misc. 280, IG N. Y. Cr. 227, 73 N. Y. Supp. 




Lans. 110; Khodiban v. People, 5 Park. 395. 



§ 1205. Grand larceny in first degree; how punished. 

Grand larceny in the first degree is punishable by imprisonment 
for a term not exceeding ten years. 

DeriTAttont Penal Code, § 533. as amended L. 1802, oh. 662, § 16. 

§ 1296. Grand larceny in second degree. 

A person is guilty of grand larceny in the second degree who, 
under circumstances not amounting to grand larceny in the first 
degree, in any mann(T specified in this article, steals or unlawfully 
obtains or appropriates : 

270b 



Art. 122] LARCENY [§§ 1297-129S 

1. Property of the value of more than fifty dollars, but not 
ezoeeding five hundred dollars, in any manner whatever; or, 

2. Property of any value, by taking the same from the person 
of another; or, 

3. A record of a court or officer, or a writing, instrument or 
record kept, filed or deposited according to law, with, or in keep- 
ing of any, public office or officer. (Subd. 1, amM by L. 1912, ch. 
164; in effect Sept 1, 1912.) 

DerlTatioms Penal Code, § 531. 

People V. Wiggins (1883), 38 Hun, 418, 4 N. Y. Cr. 1, 92 N. Y. 656; Peo- 
ple V. McTamfeney (1883), 13 Abb. N. C. 56, 65 How. 401, 1 N. Y. Cr. 437; 
People V. Carr (1885), 3 N. Y. Cr. 578; People v. Reavey (1886), 38 Hun, 
418. 4 N. Y. Cr. 1, 39 Hun, 364; People v. McCallam (1886), 103 N. Y. 589; 
People V. Moran (1890), 123 N. Y. 254, 8 N. Y. Cr. 105, rev'g 54 Hun, 279, 
7 X. Y. Supp. 582; People v. Frazier (1901), 36 Misc. 280, 73 N. Y. Supp. 
446, 16 Crim. Rep. 227; People v. Stein (1903), 80 App. Div. 357, 80 N. 
Y. Supp. 847; People v. Mills (1904), 178 N. Y. 274, 18 Crim. Rep. 279, aff'g 
91 App. Div. 331, 86 N. Y. Supp. 529, 18 Crim. Rep. 127; People v. Fletcher 
(1905), 110 App. Div. 231, 97 N. Y. Supp. 62, 19 Crim. Rep. 564; Grath- 
wobl V. N. Y. Central & H. R. R. R. Co. (1906), 116 App. Div. 170, 101 K. 
Y. Supp. 667; People v. Reiss (1906), 114 App. Piv. 431, 99 N. Y. Supp. 
1002; People v. Roller (1906), 116 App. Div. 173, 101 N. Y. Supp. 518; Peo- 
ple V. Gluck (1907), 188 N. Y. 167; People v. Madden (1907), 120 App. 
Div. 338; People v. Smilie (lp07), 118 App. Div. 611, 103 N. Y. Supp. 348. 

§ 1297. Grand larceny in second degree ; how punished. 

Grand larceny in the second degree is punishable by imprison- 
ment for a term not exceeding five years. 

DeriTAtionx Penal Code, § 534, as amended L. 1802, ch. C62, § 17. 

People V. Kerns (1896), 7 App. Div. 534, 40 N. Y. Supp. 243; People v. 
Pouclier (1883), 30 Hun, 577, 1 N. Y. Cr. 546. 

§ 1298. Petit larceny defined. 
Every other larceny is petit larceny. 

DeriTAtions Penal Code, § 532. 

Jiutices, etc., ▼. People (1882), 00 X. Y. 12. rev'g 26 Hun, 537; People v. 
White (1883), 1 N. Y. Cr. 466; People v. Smith (1895). 86 Hun, 485, 33 N. 



§§ 1299-1301] LARCENY [Art. 122 

Y. Supp. 989; People v. Stein (1903), 80 App. Div. 367, 80 N. Y. Supp. 847; 
Matter of Bartholomew (1905), 106 App. Div. 371, 94 N. Y. Supp. 612; 
People ex rel. Bidwell v. Pitts (1906), 111 App. Div. 319, 97 N. Y. Supp. 
609, 19 Crim. Hep. 673. 

§ 1209. Petit larceny a misdemeanor. 
Petit larceny is a misdemeanor. 

Derivation: Penal Code, § 535. 

People ex rel. Laiighlin v. Finn (1882), 87 N". Y. 534; People v. McTame- 
ney (1883), CO How. Pr. 70, 13 Abb. N. C. 65, 30 Hun, 505; People ex rel. 
Tully V. Fallon (1902), 73 App. Div. 471, 77 N. Y. Supp. 292; People ex 
rel. Frank v. Davis (1903), 80 App. Div. 456, 80 N. Y. Supp. 872; Hanlon ▼. 
Ehrich (1903), 80 App. Div. 350, 80 N. Y. Supp. 692; People v. Finucan 
(1903), 80 App. Div. 407, 80 N. Y. Supp. 929, 17 Crim. Rep. 254; People 
V. Stein (1903), 80 App. Div. 357, 80 N. Y. Supp. 847; Cleveland v. CromweH 
(1905), 110 App. Div. 82, 90 N. Y. Supp. 475; People ex rel. Burns ▼. 
Flaherty (1906), 119 App. Div. 462, 104 N. Y. Supp. 173, 21 Crim. Rep. 
224; People ex rel. Cosgriff v. Craig (1908), 60 Misc. 630; Matter of Hal- 
lenbeck, 65 How.-Pr. 401, 30 Hun, 505, 1 N. Y. Cr. 437. 

§ 1300. Appropriating lost property. 

A person, who finds lost property imder circumstances which 
give him knowledge or means of inquiry afi to the true owner, 
and who appropriates such property to his own use, or to the 
use of another pei'son who is not entitled thereto, without hav- 
ing first made every reasonable effort to find the owner and restore 
the property to him, is guilty of larceny. 

Derivation: Penal Code, § 539. 

Com. V. Titus, 116 Mass. 42, 17 Am. Rep. 138, 140, note; People v. Katz, 3 
Park, 129; People v. Swan, 1 Park, 9; People v. Cogdell, 1 Hill, 94; Bailey v. 
State, 52 Ind. 402, 21 Am. Rep. 182, 187; People v. Anderson, 14 Johns. 294. 

§ 1301. Bringing stolen goods into state, larceny. 

A person, who having, at any place w^ithout the state, stolen the 
propcfrty of another, or received such property, knowing it to have 
betn stolen, brings the same into this state, may be convicted and 
punished in the same manner as if such larceny or receiving had 
been committed within the state. Complaint may be made and 
the indictment found and tried, and the offense may be charged 
to have been committed, in any county into or through which the 
stolen property is brought. 

Derivation: Penal Code, § 540. 

SaekioB v. People (1867), 16 N. Y. 344; People T. Gardner, 2 Johns. 477; 

212 



Art. 122] LARCENY [§ 1302 

People ▼. Burke, 11 Wend. 129; Stanley v. State, 24 Ohio St. 166, 15 Am. 
Rep. 604; State v. Newman, Nev. 48, 16 Am. Rep. 3; People v. Williams, 24 
Mich. 156, 9 Am. Rep. 119. 



§ 1302. Conversion of property held in trust or by virtue of 
office, larceny; how punished. 

A person acting as executor, administrator, committee, guardian, 
receiver, collector or trustee of any description, appointed by a 
deed, will, or other instrument, or by an order or judgment of 
a court or officer, who secretes, withholds, or otherwise appro- 
priates to his own use, or that of any person other than the true 
owner, or person entitled thereto, any money, goods, thing in 
action, security, evidence of debt or of property, or other valuable 
thine, or any proceeds thereof, in his possession or custody by 
virtue of his office, employment, or appointment, is guilty of grand 
or petit larceny in such degree as is herein prescribed, with ref- 
erence to the amount of such property; and upon conviction, in 
addition to the punishment in this article prescribed for such lar- 
ceny, niay be adjudged to pay a fine, not exceeding the value 
of the propertv so misappropriated or stolen, with interest thereon 
from the time of the misappropriation, withholding, or conceal- 
ment, and twenty per centum thereupon, in addition, and to be 
I imprisoned for not more than five years in addition to the term 
of his sentence for larceny, according to this article, unless the 
fine is sooner paid. 

So much of the fine authorized in this section to be im- 
posed, as does not exceed the amount or value of the property 
taken, appropriated, or stolen, with interest thereupon from the 
time of the commission of the offense, and a reasonable sum to 
defray the expense of collecting the same, to be fixed by the 
supreme court, must, when received or collected, be paid to the 
county treasurer of the county where the conviction was had, for 
4e benefit of the person injured or defrauded, or whose property 
4e offender took, misappropriated, or concealed, or his repre- 
sentative or assignee ; and must be paid over to him by the county 
^'easnrer, upon the order of the supreme court, made after notice 
^ the district attorney of the county. 

In case of the payment of the value of the property stolen or 
^en, with interest, by the person convicted, or of the collection of 
^ same by civil action, the court may, in its discretion, upon 
^ application by such person, and such notice to other persona 



§§ 1303-1305] LARCENY [Art. 122 

interested, and to the district attorney of the county, aa the court 
may direct, remit the fine imposed, pursuant to this sectiiHiy 
except the additional allowance for expenses. 

Derivations Penal Code, §§ 541-543. 

Bartow v. People (1879), 78 N. Y. 377, rev'g 18 Hun, 22; People ▼. Wcm- 
seimer (1907), 117 App. Div. 620, 102 N. Y. Supp. 679; Matter of Bushnell, 
4 N. Y. Supp. 480, 17 N. Y. St. 827; Thatcher v. Hope, etc., Asa'n (1891), 126 
N. Y. 611. 



§ 1303. Value of stolen evidence of debt, how 

If the thing stolen consists of a written instrument, being six 
evidence of debt, other than a public or corporate certificate, 
scrip, bond, or security having a market value, or being the 
transfer of or evidence of title to any property, or of the creating, 
releasing, or discharging, of any demand, right, or obligation, the 
amount of money due thereupon or secured to be paid thereby, i 
and remaining unsatisfied, or which, in any contingency, might a 
be collected thereupon or thereby, or the value of the property 
transferred or aflFected, or the title to which is shown thereby, or j 
the sum which might be recovered for the want thereof, as the 
case may be, is deemed the value of the thing stolen. 

Derivetion: Pennl Code, § 545. 

People V. Hall (1893), 74 Hun, 96, 26 N. Y. Supp. 403; People v. Peckatf 
(1897), 153 N. Y. 577, aff'g 12 App. Div. 626, 43 N. Y. Supp. 1160; People?. 
Fletcher (1905), 110 App. Div. 231, 97 N. Y. Supp. 62; People ▼. Falloii, • 
Park, 256; Johnson v. People, 4 Den. 364. 

f 

§ 1304. Value of stolen passage ticket, how ascertained. 

If the thing stolen is a ticket, paper or other writing, en- 
titling or puq)orting to entitle the holder or proprietor thereol 
to a passage upon a railway car, vessel, or other public convey- f 
ance, the price at which a ticket, entitling a person to a like 
passage, is usually sold, is deemed the value thereof. 

Derivation t Penal Code, § 546. 



§ 1305. Value of other stolen articles, how ascertained. 

In every case not otherwise regulated by statute, the maikflt 
value of the thing stolen is deemed its value. 

Perivation: Penal Code, § 547. 

214 



Art 122] LARCENY [§§ 1306-1308 

§ 1306. Claim of title a ground of defense. 

Upon an indictment for larceny it is a sufficient defense that the 
property was appropriated openly and avowedly, under a claim of 
title preferred in good faith, even though such claim is untenable. 
But this section shall not excuse the retention of the property of 
another, to offset or pay demands held against him. 

DerlTAtioiis Penal Code, § 548. 

PaoDle V. Burton (1883), 1 N. Y. Cr. 297; People v. Grim (1886), 3 N. Y. 
Cr. 317; People ex rel. Perkins v. Moss (1906), 113 App. Div. 333, 99 N. Y. 
Supp. 138, 20 Crim. Rep. 76, aflF'd (1907), 187 N. Y. 410; People v. Burnham 
(1907), 119 App. Div. 302; 104 N. Y. Supp. 725; Matthews & Co. v. Employ- 
e«' Liability Aasur. Corp. (1908), 127 App. Div. 196; People v. Ouley, 7 
K. Y. St 794; People v. Thomas, 3 Hill. 169; People v. Smith, 6 Park, 490; 
Ctoaey v. State, 79 Ga. 564, 11 Am. St. Rep. 447; Graves v. State, 26 Tex. 
App. 333; Meade v. State, 26 Nebr. 444. 

; § 1307. Intent to restore property no defense. 

The fact that the defendant intended to restore the property 
stolen or embezzled^ is no ground of defense, or of mitigation of 
punishment, if it has not been restored before complaint to a 
magistrate^ charging the commission of the crime. 

DeriTAtionx Penal Code, S 549. 

Parr ▼. Loder (1904), 97 App. Div. 218, 89 N. Y. Supp. 823. 

§ 1308. Buying or receiving stolen or wrongfully acquired 
property. 

A person, who buys or receives any stolen property, or any 
property which has been wrongfully appropriated in such a manner 
•8 to constitute larceny according to this article, knowing the same 
to have been stolen or so dealt with, or who corruptly, for any 
money, property, reward or promise or agreement for the same, 
eoDceals, withholds, or aids in concealing or withholding any prop* 
erty, knowing the same to have been stolen, or appropriated wrong- 
fully in such a manner as to constitute larceny under the pro- 
risions of this article, if such misappropriation has been com- 
mitted within the state, whether such property were so stolen or 
misappropriated within or without the state, or who being a dealer 
ID or collector of junk, metals or second hand materials, or the 
agvmts, employee or representative of such dealer or collector, 
buys or receives any wire, cable, copper, lead, solder, iron or brass 
used by or belonging to a railroad, telephone, telegraph, gas or 

275 



§ 1308J LARCENY [Art. 1 

electric light company, or any metal in the form of ingots, ingot he 
wire l>ars, cakes, slabs, billets or pigs, without ascertaining by dilig< 
inquiry, that the person selling or delivering the same has a legal ri^ 
to do so, is guilty of criminally receiving such property in the fi 
degree, if such property be of the value of more than fifty dollars, a 
is punishable by imprisonment in a state prison for not more than i 
years, or in a county jail for not more than six months, or by a fine 
not more than two hundred and liftv dollars, or bv both such fine a 
imprisonment, and is guilty of eriiiiinally receiving such property 
tl)e second deojree, if such property b? of t'.ie value of fifty dollars 
under, and is pun i^! '.able by imprisonment for not more tlian one ye 
or bv a line of not more than five hundred dollars, or by both such fi 
?nd imprisonment. (Amended by L. 1914, ch. 93; L. 1916, eh. 3( 
^•- "ffect May 1, 1916.) 

Derivation: Penal Code, | 550, as amended L. lOlS, ch. 826, | 1. 

Coleman ▼. People (1873), 55 N. Y. 82, rev'g 1 T. A C. Add. 8; Copperm 
V. People (1874), 56 N. Y. 591, aff'g 1 Hun, 15, 8 Th. & C. 199; Goldstein 
People (1880), 82 N. Y. 231; Miller ▼. People (1881), 2o Hun, 473; Peo| 
▼. Dowling (1881), 84 N. Y. 479; People v. Weldon (1888), 111 N. Y. 56 
People V. Brien {lS9Si), 53 Hun, 496, 6 N. Y. Supp. 198, 7 K. Y. Cr. 16 
People V. Connor (1893), 68 Hun, 78, 22 N. Y. Supp. 669, aff'd 141 N. 
583; People v. McClure (1895), 148 K. Y. 95, rey'g 88 Hun, 505, 34 N. 
Supp. 974; People v. Sch(^ley (1896), 149 N. Y. 99, 12 N. Y. Cr. 20, all 
8P Hun, 391, 35 N. Y. Supp. 429; People ▼. Wilson (1896), 151 N. Y. 40 
12 N. Y. Cr. 116, aff'g 7 App. Div. 826, 40 N. Y. Supp. 107; People 
Flechter (1899), 44 App. Div. 199, 60 N. Y. Supp. 777; People v. Riveli 
(1890), 39 App. Div. 454, 57 N. Y. Supp. 420; People v. Grossman (1901 
168 N. Y. 47, arg 59 App. Div. 626, 69 N. Y. Supp. 1141; People v. Hartwe 
(1901), 106 N. Y. 361, rev'g 55 App. Div. 234, 67 N. Y. Supp. 25; People y 
Molineux (1901), 168 N. Y. 297; People ▼. Weisenberger (1902), 73 App. Di^ 
428, 77 N. Y. Supp. 71; People ▼. Ammon (1904), 92 App. Div. 206, 87 J 
Y. Supp. 368; People v. Breen (1905), 181 N. Y. 493, 19 Crim. Rep. 333 
People V. Fletcher (1905), 110 App. Div. 231, 97 N. Y. Supp. 62; People e 
rel. Aminon v. Johnson (1906), 114 App. Div. 877, 100 N. Y. Supp. 256, 2 
Crim. Rep. 374; People v. Jaflfe (1906), 185 N. Y. 497, 19 Crim. Rep. 28' 
rev'g 112 App. Div. 616, 98 N. Y. Supp. 486; People v. Wiley, 3 Hill, 194 
Wells v. People, 3 Park, 473; Chatterton v. People, 15 Abb. 147; Colien 
People, 6 Park. 330; Hopkins v. People, 12 Wend. 76; People v. Caswell, : 
Wend. 86; Shotweirs Case, 3 C. H. Rec. 95; People v. Peirpont, 1 Whe< 
Cr. Cas. 139; McNiff's Case, 1 C. H. Rec. 8; Bell's Case, 6 C. H. Rec. 9' 
People V. Greene, 1 Wheel. Cr. Cas. 152; Wills v. People, 3 Park. 47 
Gaither v. State, 8 Crim. L. Mag. 754; People v. Stein, 1 Pari, 202; Com. 
Sullivan, 136 Mass. 170; State v. Ward, 49 Onn. 429; Com. v. Jolinson, 
Crim. L. Mag 641 ; State v. Ward, 49 Conn. 429. 



?>"6 



rt. 123] LARCEXY [§§ 1309-1310 

§ 1309. Averment and proof of conviction of principal not 
cessary. 

It is not necessary to aver, in an indictment for an oflFense 
eeified in the last section, nor to prove upon the trial thereof, 
at the principal who stole the property has been convicted, or is 
lenable to justice. 

DerlTationt Penal Code. § 551. 

People V. Brien (1889). 53 Hun, 496, 6 N. Y. Supp. 198, 7 N. Y. Cr. 166. 

§ 1310. Conversion of materials furnished to a person for 
irpose of being manufactured, and articles of merchandise fur- 
shed for personal, trade or business uses. 

Any person who shall willfully pawn, pledge, sell, conceal, con- 
Tt to his or her own use or with like intent change the original 
ark or identification of ownership of any material furnished to 
m or her for the purpose of l)eir.g manufactured, or any wearing 
>parel or other article of merchandise f urnisheil to him or her 
r personal use, or for use in trade or for business, shall, upon 
nvicrion thereof, be adjudged guilty of larceny. 
Xothing in this section contained shall be deemed or held to 
fleharge any mechanic's lien, or right of lien in favor of any 
Qployee as now recognized by law. (Amended by L. 1918, ch. 
50, in eflFect Sept. 1, 1918.) 

Dwivations L. 1881, ch. 419, §§ 1, 2. 



277 



§§ 1320-1322] LEGISLATURE [Art. 124 



ARTICLE 124. 

liEGISUkTUBE. 

Sbotxon 1320. Preventing the meeting or organization of either braneh of till 

legislature. 

1321. Disturbing the legislature while in session. 

1322. Compelling adjournment. 

1323. Intimidating a member of the legislature. 

1324. Compelling either house to perform or omit any official act 
1326. Altering draft of bill. [ 

1326. Altering engrossed copy. 

1327. Bribery of members of the legislature. 

1328. Receiving bribes by members of legislature. 

1329. Witnesses refusing to attend before the legislature or legiilli* 

tivc committees. 

1330. Refusing to testify. 

1331. Members of the legislature liable to forfeiture of office. 

§ 1320. Preventing the meeting or organization of eithn 
branch of the legislature. 

A person who wilfully and by force or fraud prevents the l^gip 
lature of this state, or either of the houses composing it^ or aag 
of the members thereof, from meeting or organizing, is punid|| 
able by imprisonment in a state prison not less than five yeaff 
nor more than ten years, or by a fine of not less than five hundred 
dollars, nor more than two thousand dollars, or by both. 

DeriTation: Penal Code, § 59. 

§ 1321. Disturbing the legislature while in session. 

A person who wilfully disturbs the legislature of this state, cp 
either of the houses composing it, while in session, or who 0(MB 
mits any disorderly conduct in the immediate view and preeemp 
of either house of the legislature, tending to interrupt its pK 
ceedings or impair the respect due to its authority, is guilty of 
misdemeanor. 

Derivation: Penal Code, § 60. 

§ 1322. Compelling adjournment. 

A person who willfully and by force or fraud compels C 
Bttempta to compel the legislature oi tlaU atate, or eitlier of tk 



rt 124] LEGISLATURE [§§ 1323-1326 

>iiaes composing it, to adjourn or disperse, is punishable by im- . 
isonment in a state prison not less than five nor more than ten 
jars, or by fine of not less than five hundred dollars, nor more 
lan two thousand dollars, or by both. 

DeriTAtion: Penal Code, § 61. 

§ 1323. Intimidating a member of the legislature. 

A person who wilfully, by intimidation or otherwise, prevents 
iny member of the legislature of this state, from attending any 
ession of the house of which he is a member, or of any committee 
hereof, or from giving his vote upon any question which may 
»me before such house, or from performing any other official 
let, is guilty of a misdemeanor. 

DeiiTationi Penal Code, f 62. 

§ 1324. Compelling either house to perform or omit any o£B- 

aal act 

A person who wilfully compels or attempts to compel either of 
the houses composing the legislature of this state to pasis, amend, 
)r reject any bill, or resolution, or to grant or refuse any petition^ 
wr to perform or omit to perform any other oSicial act, is punish- 
iUe by imprisonment in a state prison not less than five nor more 
ian ten years, or by a fine of not less than five hundred dollars 
ittr more than two thousand dollars, or by both. 

SerlTmtionx Penal Code, S 63. 

§ 1325. Altering draft of bill. 

A person who fraudulently alters the draft of any bill or reso- 
hition which has been presented to either of the houses composing 
fte legislature, to be passed or adopted, with intent to procure it 
b be passed or adopted by either house, or certified by the pre- 
■ding officer of either house, in language different from that in- 
taded by such house, is guilty of felony. 

Herlvations Penal Code, § 64. 

Ptople ex rel. Bums v. Flaherty (1907), 119 App. Div. 463. 104 N, Y. 
fcpp. 173. 

{ 1326. Altering engrossed copy. 

A person who fraudulently alters the engrossed copy or enrcAX- 
t of anj Wl which has been passed by the legialatrae oi ^^a 

279 



§§ 1327-1328] LEGISLATURE {Art. 124 

state, with intent to procure it to be approved by the governor or 
certified by the secretary of state, or printed or published by the 
printer of the statutes in language different from that in which 
it was passed by the legislature, is guilty of felony. 

Derivation: Penal Code, § 65. 

§ 1327. Bribery of members of the legislature. 

A person who gives or offers, or causes to be given or offered, &. 
bribe, or any money, property, or value of any kind, or any prom- 
ise or agreement thereof, to a member of the legislature, or at- 
tempts, directly or indirectly, by menace, deceit, suppression oC 
truth, or other corrupt means, to influence a member to give oir 
withhold his vote, or to absent himself from the house of which* 
he is a member, or from any committee thereof, is punishable 
by imprisonment for not more than ten years, or by a fine of noi* 
more than five thousand dollars, or both. 

Derivations Penal Oode, $ 66. 

People V. Sharp (1887), 107 N. Y. 427, 1 Am. St. Rep. 861, 6 N. Y. Cr' 
672, rev'g 46 Hun, 460; State v. Ellis, 33 N. Y. L. 102; Sulaton v. Norton, 9 
Burr, 1236. 

§ 1328. Receiving bribes by members of legislature. 

A member of either of the houses composing the legislaloM 
of this state, who asks, receives, or agrees to receive any brib^ 
upon any understanding that his official vote, opinion, judgmen.'^ 
or action shall be influenced thereby, or shall be given in anj 
particular manner or upon any particular side of any questioK3 
or matter upon which he may be required to act in his officiau 
capacity, or who gives or offers or promises to give any officift- 
vote in consideration that another member of the legislature shat 
give any such vote, either upon the same or another question, i^ 
punishable by imprisonment in a state prison not exceeding te^ 
years, or by fine not exceeding five thousand dollars, or both. 

Derivation: Penal Code, $ 67. 

Hunt V. Test, 8 Ala. 719; Walsh v. People, 68 111. 58; Com. y. Callahaif 
2 Va. Caa. 460; Fuller v. Dame, 18 Pick. 470; Marshall v. Bait, ft 0. R. 09 
16 How. (U. S.) 314; Wood v. McCarr, 6 Dana, 366; Hatsfield r. OuldM^ 
7 Watts, 162. 



380 



§ 1329. Witnesses refusing to attend before the legislature or 
legislative committees. 

A person who, being duly summoned to attend as a witness 
before either house of the legislature or any committee thereof, 
authorized to summon witnesses, refuses or neglects without lawful 
excuse to attend pursuant to such summons, is guilty of a mis- 
demeanor. 

DeriTatiomi Penal Code, § 68. 

People ex rel. McDonald v. Keeler (1885), 09 N. Y. 463, rev'g 32 Huii, 663, 
3 K. Y. Cr. 353; see also Matter of Dalton, 7 Crim. L. Mag. 601, 607, note. 

§ 1390. Refusing to testify. 

A person who being present before either house of the legis- 
lature or any committee thereof authorized to summon witnesses, 
. wilfully refuses to be sworn or affirmed, or to answer any material 
and proper question, or to produce uj)on reasonable notice any 
material and proper books, papers, or documents in his possession 
or under his control, is guilty of a misdemeanor, 

DeriTAtion: Penal Codo, § 69. 

People ▼. Learned (1875), 5 Hun, 626; People ex rel. McDonald ▼. Keeler 
(1885), 99 N. Y. 463, 3 N. Y. Cr. 353, 32 Hun, 589; People v. Sharp (1887). 
107 K. Y. 427, rev'g 45 Hun, 460; see also People ex rel. Sabold v. Webb, 6 
N. Y. Supp. 855. 

§ 1331. Members of the legislature liable to forfeiture of 
o£Bce. 

The conviction ox a member of the legislature of either of the 
crimes defined in this article, involves as a consequence in addition 
to the punishment prescribed by this chapter, a forfeiture ^f his 
office; and disqualifies him from ever afterwards holding any office 
under this state. 

DerlTatioa: Penal Code, § 70. 



381 



I 1340] LIBEL [Art.lM 



ARTICLE 126. 



BiOTZOif 1340. Libel defined. 

1341. Libel a misdemeanor. 

1342. Malice presumed; defense to prosecution, 

1343. Publication defined. 

1344. Liability of editors and others. 

1345. Publishing a true report of public official prooeeduigiw 

1346. Indictment for libel published against resident. 

1347. Indictment for libel against nonresident. 

1348. Restriction on indictment for libel. 

1349. Power of court; place of trial. 

1350. Privileged communications. 
1361. Threatening to publish libel. 
1352. Furnishing libelous information. 

§ 1340. Libel defined. 

A malicious publication, by writing, printing, picture, effigy, 
Bign or otherwise than by mere speech, which exposes any living 
person, or the memory of any person deceased, to hatred, oc^n- 
tempt, ridicule or obloquy, or which causes, or tends to cause any 
person to be shunned or avoided, or which has a tendency to injurt* 
any person, corporation or association of persons, in his or their 
business or occupation, fs a libel. 

Derivation: Penal Code, § 242. 

Sanderson v. Caldwell (1871), 45 U. Y. 398; More v. Bennett (1872), 48 
N. Y. 472, rev'g 48 Barb. 229, 33 How. Pr. 177; Moffatt v. Cauldwell (1874), 
3 Hun, 26; People v. Isaacs (1883), 1 N. Y. Or. 148; Bergmann v. Jones 
(1883), 94 N. Y. 52; Shelby v. Sun Printing Co. (1886), 38 Hun, 474, 109 
N. Y. 611; People v. Parr (1886), 5 N. Y. Cr. 34, 42 Hun, 316; Moore v. 
Francis (1890), 121 N. Y. 199, 8 L. R. A. 214; Morey v. Morning Journal 
Assn. (1890), 123 N. Y. 207; People v. Stark (1891), 59 Hun, 51, 12 N, Y. 
Supp. 688, aff'd 136 N. Y. 538; Shea v. Sun, etc. (1895), 14 Misc. 415, 36 N. 
Y. Supp. 703; Gray v. Sampers (1898), 35 App. Div. 270, 66 N. Y. Supp. 3; 
Gray v. Brooklyn, etc. (1898), 35 App. Div. 286, 55 N. Y. Supp. 36; McFad- 
den V. Morning Jour. Assn. (1898), 28 App. Div. 508, 51 N. Y. Supp. 276; 
Gates V. New York Recorder Co. (1898), 155 X. Y. 228; Gallagher v. Bryant 
(1899), 44 App. Div. 527, 60 N. Y. Supp. 844; People v. McLaughlin (1901), 
33 Misc. 691, 68 N. Y. Supp. 1108; Roberson v. Rochester, etc. (1902), 171 
N. Y. 556, rev*g 64 App. Div. 30, 71 N. Y. Siipp. 876; Gibson Y. Sun Print- 
ing Co. (1902), 71 App. Div. 506, 76 N. Y. Supp. 197; Bomman v. Star Co. 
(1903), 174 N. Y. 220; People ex rel. Gow v. Bingham (1907), 67 Miao. 66, 

* Fiero on Torts, Chapter 15, is a complete treatise on the New York Law 
of Libel and Slander. 

282 



Art. 126] LIBEL [§§ 1341-1342 

107 N. Y. Supp. 1011, 21 N. Y. Cr. 568; see also Biggs v. Denniston, 3 Johns. 
C. Caa. 198; Carpenter v. Hammond, 1 N. Y. St. 651; Carroll v. White, 33 
Barb. 615; Clark v. Anderson, 1 N. Y. Supp. 730; Cramer v. Wiggs, 17 
Wend. 209; Cooper v. Greeley, 1 Den. 347, 358; Dwyer ▼. Fire- 
man's Journal Co., 11 Daly, 248; Edsall v. Brooks, 26 How 
Pr. 426, 2 Robt. 29, 17 Abb. Pr. 221; Fidler v. Delavan, 20 Wend. 51; Perkins 
T. Mitchell, 31 Barb. 465; Powers v. Dubois, 17 Wend. 63; Robertson v. Ben- 
nett, 44 N. Y. Supp. 66; Ryckman v. Delavan, 25 Wend. 186; Ryer v. Fire- 
man's Journal Co., 11 Daly, 251; Stilwell v. Barter, 19 Wend. 487; South- 
wick V. Stevens, 10 Johns. 443; Taylor v. Church, 1 E. D. Smith, 279; 
Thomas ▼. Croswell, 7 Johns. 264; Turrell v. Dolloway, 17 Wend. 426; Weed 
V. Foster, 11 Barb. 203; White v. Delavan, 17 Wend. 49; Williams v. Godkin, 
5 Daly, 499; Wright v. Paige, 36 Barb. 438, aff'd 3 Trans. App. 134; Giles v. 
State, 6 Ga. 276; Hetherington v. Sterry, 28 Kans. 426, 42 Am. Rep. 169; 
Steketee y. Kimm, 48 Mich. 322; Smith v. Smith, 73 Mich. 445, 16 Am. St. 
Rep. 594, 8 L. R. A. 52; Peet & Morgan v. Kennedy, 62 Minn. 284, 30 L. R. 
A. 521; State ▼. Smiley, 37 Ohio St. 30, 41 Am. Rep. 487; O'Brien v. Times 
Pub. Co., 21 R. 1. 256; Bradley v. Cramer, 59 Wis. 309, 48 Am. Rep. 513; 
Rich T. Parrott, 1 Cliff. 55; Reg. v. Adams, 22 Q. B. Div. 66. 



§ 1341. Libel a misdemeanor. 

A person who publishes a libel, is guilty of a misdemeanor. 

DerlTations Penal Code, § 243. 

Hunt v. Bennett (1859), 19 N. Y. 176; Hamilton v. Eno (1880), 81 N. Y. 
122, aff*g 16 Hun, 599; Brooks v. Harrison (1883), 91 N. Y. 89; People ▼. 
Parr (1886), 4 N. Y. Cr. 545; Ryan v. Collins (1888), 111 N. Y. 150, rev'g 
39 Hun, 204; People v. Sherlock (1901), 166 N. Y. 180, 15 N. Y. Cr. 412, 
ard 56 App. Div. 422, 68 N. Y. Supp. 74; see also Baldwin's Case, 3 C. H. 
Rec. 61; Bartholomy v. People, 2 Hill, 248; Cooper v. Barber, 24 Wend. 105; 
Daly V. Byrne, 1 Abb. N. C. 150; Dole v. Lyon, 10 Johns. 447; Fidler v. Dela- 
van, 20 Wend. 57; Hotchkiss v. Oliphant, 2 Hill, 510; Powers v. Skinner, 1 
Wend. 461; Rice y. Withers, 9 Wend. 138; Spencer v. Southwick, 11 Johns. 
592; Root V. King, 7 Cow. 613, 4 Wend. 113; Skinner v. Powers, 1 Wend. 
451; Snyder v. Andrews, 6 Barb. 43; Stillwell v. Barter, 19 Wend. 487; Thorn 
v. Blanchard, 6 Johns. 508; People v. Tracy, 2 Wheel. Car. Cas. 358; Wash- 
bum V. Cook, 3 Den. 110. 



§ 1342. Malice presumed; defense to prosecution. 

A publication having the tendency or effect, mentioned in sec- 
tion thirteen hundred and forty, is to be deemed malicious, if no 
justification or excuse therefor is shown. 

The publication is justified when the matter charged as libel- 
ous is true, and was published with good motives and for justi- 
fiable endfi. 

283 



§§ 1343-1344] LIBEL [Art. 126 

The publication is excused when it is honestly made, in the 
belief of ita truth and upon reasonable grounds for this belief, 
and consists of fair comments upon the conduct of a person in 
respect of public affairs, or upon a thing which the proprietor 
thereof offers or explain to the public. 

DeriTAtiont Penal Code, § 244. 

People ex rel. Gow v. Bingham (1907), 67 Misc. 66, 107 N. Y. Supp. 1011, 
21 N. Y. Cr. 668. 

§ 1343. Publication defined. 

To sustain a charge of publishing a libel, it is not necessary that 
the matter complained of should have been seen by another. It 
is enough that the defendant knowingly displayed it, or parted 
with its immediate custody, under circumstances which exposed 
it to be seen or understood by another person than himself. 

DeriTAtlont Penal Code, § 245 

Wooda V. Wiman (1888), 47 Hun, 362, revM 122 N. Y. 446; Robertaon v. 
Rochester Folding Box Co. (1902), 171 N. Y. 538; People ex rel. Gow v. 
Bingham (1907), 57 Misc. 66, 107 N. Y. Supp. 1011, 21 N. Y. Cr. 568; 
Lyle V. Clason, 1 Caines, 581; Prescott v. Tousey, 60 N. Y. Super. 12; Snyder 
V. Andrews, 6 Barb. 47; Trumbull v. Gibbons, 3 C. H. Rec. 97; Van Cleef v. 
Lawrence, 6 C. H. Rec. 41; Sesler v. Montgomery, 78 Cal. 486, 12 Am. St. 
Rep. 76, 28 Am. L. Reg. (N. S.) 271, not€; Schenck v. Schenck, 20 N. J. L. 
208; Warnock v. Mitchell, 43 Fed. 428, 42 Alb. L. J. 409; Barrow v. Lewellin, 
Hob. 62a; Wenman v. Ash, 13 C. B. 836, 22 Eng. Law & £q. 609; Wennhak v. 
Morgan, 20 Q. B. Div. 636, 38 Eng. Rep. 682. 

§ 1344. Liability of editors and others. 

Every editor, or proprietor of a book, newspaper or serial, and 
every manager of a partnership or incorporated association, by 
which a book, newspaper or serial is issued, is chargeable with 
the publication of any matter contained in such book, newspaper 
or serial. But in every prosecution for libel the defendant may 
show in his defense that the matter complained of was published 
without his knowledge or fault and against his wishes, by another 
who had no authority from him to make the publication and whose 
aot was disavowed bv him so soon as known. 

DeriTAtion: Penal Code, $ 246. 

Hunt V. Bennett (1869), 19 N. Y. 175; Fry v. Bennett (1863), 28 N. Y. 
324, aff'g 3 Bo«w. 200, 9 Abb. 46; Sunderlin ▼. Bradstreet (1871), 46 N. Y. 
188; Purdy v. Rochester Printing Co. (1884), 96 N. T. 372, rer'g 26 Hun, 

284 



Art. 126] LIBEL [§§ 1345-1346 

206; Shelby ▼. Sun Printing Assn. ( 1886) , 38 Hun, 474, 100 N. Y. 611 ; see also 
Andreas v. Wells, 7 Johns. 260; Hutff ▼. Bennett, 4 Sandf. 120; Ropke r. 
Brooklyn Daily Eagle, N. Y. St. 709; Thomas v. Croswell, 7 Johns. 264; 
Press Ck>. t. Stewart, 110 Pa. St. 684; Bruce v. Heed, 104 Pa. St. 408, 49 Am. 
Rep. 586. 

§ 1345. Publishing a true report of public official proceed- 
ings. 

A prosecution for libel can not be maintained against a re- 
porter, editor, publisher, or proprietor of a newspaper, for the 
publication therein, of a fair and true report of any judicial, 
legislative or other public and official proceeding, or of any state- 
ment, speech, argument or debate in the course of the same, with- 
out proving actual malice in making the report. 

This section does not apply to a libel contained in the heading 
of the report, or in any other matter added by any other person 
concerned in the publication; or in the report of any thing said 
or done at the time and place of the public and official proceed- 
ing, which was not a part thereof. 

I>eriTAtion: Penal Code, §§ 247-248. 

Sanford v. Bennett (1861), 24 N. Y. 20; see also Ackerman v. Jones, 37 N. 
Y. Super. 42; Edsall v. Brooks, 2 Robt. 20; McCabe v. Cauldwell, 18 Abb. Pr. 
377; Stanley v. Webb, 4 Sandf. 221; Steele v. Southwick, 9 Johns. 214; 
Thomas v. Croswell, 7 Johns. 264. 



§ 1346. Indictment for libel published against resident. 

An indictment for a libel, contained in a newspaper published 
within this state, against a resident thereof, may be found either 
in the county where the paper was published, or in the county 
where the person libeled resided when the offense was committed. 
In the latter case the defendant is entitled to an order of the 
supreme court, directing the indictment against him to be tried 
in the county in which the paper was printed and published, upon 
compliance with the following conditions : 

1. He must apply for the order within thirty days after being 
committed upon, or giving bail to answer, the indictment ; 

2. He must execute a bond to the complainant, with two suffi- 
(dent sureties, approved by the judge hearing his application, in 
a penal sum fixed by the judge, not less than two hundred and fifty 
nor more than one thousand dollars, conditioned for the payment, 
in case the defendant is convicted, of all the complainant's reason- 

285 



§§ 1347-1350] LIBEL [Art 126 

able expenses in going to and from his place of residence and the 
place of trial, and in attendance upon the trial ; 

3. He must, within ten days after the granting of the order, file 
the order and deposit the bond with the clerk of the county in 
which the indictment is pending. 

Derivation: Penal Code, § 249. 

§ 1347. Indictment for libel published against nonresident* 

An indictment for a libel published against a person not a 
resident of this state, must be found and tried in the county, where 
the paper containing the libel purports upon its face to be pub- 
lished; or, if no county is indicated upon the face of the paper, 
in any county where the paper was circulated. 

DeriTAtioni Penal Code, § 250. 
Trumbull v. Gibbons, 3 C. H. Rec. 307. 

§ 1348. Restriction on indictment for libel.. 

A perso^n cannot be indicted or tried for the publication of 
the same libel against the same person, in more than one county. 

DeriTAtion: Penal Code, §, 261. 

§ 1349. Power of court ; place of trial. 

Nothing contained in this article shall be construed to abridge, 
or in any manner aiffect, the power of a competent court, to change 
the place of trial of an indictment for libel, in the same manner 
as may lawfully be done, in respect to any other indictment. 

DerivAtiont Penal Code, § 252. 

§ 1350. Privileged communications. 

A communication made to a person entitled to, or interested in, 
the communication, by one who was also interested in or entitled 
to make it, or who stood in such a relation to the former as to 
afford a reasonable ground for supposing his motive innocent, is 
presumed not to be malicious, and is called a privileged communi- 
cation. 

DerivAtiont Penal Code, § 253. 




Art. 155lfJ ijinrjij LS8 ioai-ioo2j 

Ellsworth (1872), 60 N. Y. .109, 1 Sweeney, 52, 36 How. 532, 2 Sweeney, 689; 
Hamilton ▼. Eno (1880), 81 N. Y. 116, afT'g 16 Hun, 599; Halstead v. Nelson 
(1881), 24 Hun, 395; Byam v. Ollins (1888), HI N. Y. 160, rev*g 39 Hun, 
2fi4; Lovel Co. v. Houghton (1889), 116 N. Y. 620, aff'g 54 N. Y. Super. 60; 
Woods V. Wyman (1890), 122 N". Y. 445, rev*g 47 Hun, 364; People v. Sher- 
lock (1901), 166 N. Y. 187, 15 N. Y. Cr. 412, aff'g 56 App. Div. 422, 68 N. 
Y. Supp. 74; see also Ackerman v. Jones, 5 J. & Sp. 42; Cooper v. Stone, 24 
Wend. 434; Edsall v. Brooks, 17 Abb. Pr. 221; Fry v. Bennett, 5 Sandf. 64, 
9 N. Y. Leg. Obe. 330; Gilbert v. People, 1 Den. 41; Hosmer t. Loveland, 
19 Barb. Ill; Kelly v. Taintor, 48 How. Pr. 270; Lewis v. Few, 5 Johns. 1; 
Uttlejohn v. Greeley, 13 Abb. 41; McCabe v. Cauldwell, Ifi Abb. Pr. 377; 
Xewfield v. Copperman, 47 How. Pr. 87, 15 Abb. Pr. (N. S.) 360; Perkins 
V. Mitchell, 31 Barb. 461; Beed v. Sweetzer, 6 Abb. (N. S.) 9; Boot t. 
King, 7 Cow. 613, aff'd 4 Wend. 113; Stanley v. Webb, 4 Sandf. 21, 8 N. 
Y. Leg. Oba. 209; Streety v. Wood, 15 Barb. 105; People v. Stokes, 30 Abb. 
y. C. 200; Thorn v. Blanchard, 5 Johns. 508; Vanderzee v. McGregor, 12 
Wend. 546; Washburn r. Cook. 3 Den. 110; Com. v. Clapp, 4 Mass. 163; 
Kt-nton V. State, 59 N. J. L. 560; Seely v. Blair, Wright (Ohio), 358, 683; 
Briggs V. Garrett> 111 Pa. St. 404, 33 Alb. L. J. 211, 56 Am. Rep. 274; 
Brewer v. Weakley, 2 Overton (Tenn.), 99; Curtis v. Mussey, 6 Gray, 261; 
May rant v. Richardson, 1 N. & McC. (S. Car.), 347; Hallam v. Post Pub- 
lishing Co., 65 Fed. 466; Fry v. Bennett, 8 Bosw. 200; Williamson v. Frear, 
L. R. 9 Com. PI. 393, 10 Eng. Rep. 225. 

§ 1351. Threatening to publish libel. 

A person who threatens another with the publication of a libel, 
ccmoeming the latter or concerning any parent, husband, wife, 
child or other member of the family of the latter, and a person 
who oifers to prevent the publication of a libel upon another person 
upon condition of the payment of, or with intent to extort, money 
or other valuable consideration from any person, is guilty of a 
misdemeanor. 

DeriTAtiont Penal Code, § 254. 

§ 1352. Furnishing libelous information. 

Any person who wilfully states, delivers or transmits by any 
means whatever to any manager, editor, publisher, r^)orter or 
other employee of a publisher of any newspaper, magazine, pub- 
lication, periodical or serial, any statement concerning any person 
or corporation, which, if published therein, would be a libel, is 
guilty of a misdemeanor. 

DeriTAtioai Penal Code, § 254a, added L. 1S90, eh. 340, § 1, and amended 
L. 1894, ch. 626, fi 1. 

Schoepflin v. Coffey (1900), 162 N. Y. 12, rev'g 25 App. Div. 438, 49 N. 
Y. Supp. 627; People v. Sherlock (1901), 166 N. Y. 187, 16 N. Y. Cr. 412, 
aff'g 66 App. Div. 422, 68 N. Y. Supp. 74. 

287 

i 



ARTICLE 128. 

I.008. 

Bionoir 13(K). Floating logs or defacing marks thereon. 

§ 1360. Floating logs or defacing marks thereon. 

A person who : 

1. Floats, runs or assists in floating or running any lumber, logs 
or other timber upon or over any river not excepted by law, 
within this state, recognized by law or use as a public highway 
for the purpose of floating and running lumber, logs and other 
timber therein, without first filing the bond executed and ap- 
proved as required by law; or, 

2. Unlawfully cuts out, alters or defaces any mark made upon 
any log or lumber, whether such mark be recorded or not, or puts 
a false mark upon any log or Inmber floating in any of the watera 
of this state or lying upon land, 

Is guilty of a misdemeanor. 

DerlTatiomt Penal Code, | 378, as amended L. 180t, eb. 6M, | L 



St 



ARTICLE 130. 



1370. Lottery defined. 

1371. Lottery unlawful and a public nuisance. 

1372. ContriTing, drawing, and assisting in a Icitcry. 

1373. Selling lottery tickets. 

1374. Advertising lotteries. 

1375. Advertisements by persons out of the state. 

1370. Offering property for disposal dependent upon th« drmwing of 
any lottery. 

1377. Keeping a 'lottery office. 

1378. Insuring lottery tickets. 

1379. Advertising to insure lottery tickets. 

1380. Property offered for disposal in lotteries, forfeited. 

1381. Letting building for lottery purposes. 

1382. Lotteries out of this state. 

1388. Money paid for lottery tickets may be recovered by action. 
1384. Prizes in lotteries, forfeited. 

1386. Certain transfers of property in pursuance of lottery, void. 
1386. Contracts, agreements and securitiei on aeoount of raffling, void> 

§ 1370. Lottery defined. 

A " lottery*' is a scheme for the distribution of property by 
ebanoe, among persons who have paid or agreed to pay a valuable 
consideration for the chance, whether called a lottery, raffle, or 
gift enterprise or by some other name. 

DerlTAiiont Penal Code, % 323. 

Hull V. Ruggles (1874), 66 N. Y. 424, aff'g 1 Th. &o. 18, 66 Barb. 432; 
Grover v. Morris (1878), 73 N. Y. 473; Wilkinson ▼. Gill (1878), 74 N. Y. 
eS, 30 Am. Rep. 264, aff'g 10 Hun, 166; People t. Noelke (1883), 04 N. Y. 
lar, 46 Am. Rep. 128; Kohn v. Koehler (1884), 06 N. Y. 362, 48 Am. 
Rep. 628, rev'g 21 Hun, 466; People v. Runge (1886), 3 N. Y. 
Cr. 86; Reilly v. Gray (1894), 77 Hun, 402, 28 N. Y. Supp. 
811; People v. Wolff (1897), 14 App. Div. 73, 43 N. Y. Supp. 
421, 12 N.Y. Cr. 80; People ex rel. Lawrence v. Fallon (1807), 152 N. Y. 12, 12 
N. Y. Cr. 107, aff'g 4 App. Div. 82, 39 N. Y. Supp. 866 ; People ex rel. Ellison t. 
Lavin (1904), 179 N. Y. 164, 18 N. Y. Cr. 486, rev'g 93 App. Div. 292, 87 
N. Y. Supp. 776; Matter of CuUinan (1906), 114 App. Div. 664, 99 N. Y. 
Supp. 1099, 20 N. Y. Cr. 327; see also Almy v. McKinney, 6 N. Y. St. 267; 
Negley t. Devlin, 12 Abb. Pr. (N. S.) 210; Kellowstone Kit. v. State, 88 
AU. 196, 16 Am. Rep. 38, 41 Alb. L. J. 392; MatUr of Shobert, 70 Cal. 

289 



8§ 1371-1373] LOTTERIES [Art 130 

632, 60 Am. Rep. 432; BaJlock v. State, 73 Md. 1, 8 L. R. A. 671; Com. ▼. 
Wright, 137 Mass. 260, 60 Am. Rep. 306; People v. Elliott, 74 Mich. 264, 
16 Am. St. Rep. 640, 3 L. R. A. 403, note; People v. Reilly, 60 Mich. 384; 
46 Am. Rep. 47; State v. Munford, 73 Mo. 647, 39 Am. Rep. 632; State v. 
Shorts, 32 N. J. L. 398, 90 Am. Dec. 668; Holoman v. State, 2 Tex. Ct. 
App. 610, 8 Am. Rep. 439; Horner ▼. United States, 147 U. S. 449. 



§ 1371. Lottery unlawful and a public nuisance. 
A lottery is unlawful and a public nuisance. 

Derivationt Penal Code, § 324. 

People V. Gillson (1888), 109 N. Y. 404; Goodrich ▼. Houghton (1892), 
134 N. Y. 115, aff*g 66 Hun, 526, 9 N. Y. Supp. 214; see also Moore v. State, 
48 Miss. 147, 12 Am. Rep. 367; Matter of Blanchard, 9 Nev. 101; Stone ▼. 
State, 101 U. S. 814; New Orleans v. Houston, 119 U. S. 266. 

§ 1372. Contriving, drawing, and assisting in a lottery. 

A person who contrives, proposes or draws a lottery, or assists 
in contriving, proposing or drawing the same, is punishable by 
imprisonment for not more than two years, or by fine of not more 
than one thousand dollars, or both. 

DeriTAtion: Penal Code, § 325. 

Matter of Dwyer (1894), 14 Misc. 204, 36 N. Y. Supp. 884; People v 
Pickert (1904), 96 App. Div. 687, 89 N. Y. Supp. 183. 

§ 1373. Selling lottery tickets. 

A person who sells, gives, or in any way whatever furnishes 
or transfers, to or for another, a ticket, chance, share, or interest, 
or any paper, certificate, or instrument, purporting to be or to 
represent a ticket, chance, share, or interest, in or dependent upon 
the event of a lottery, to be drawn within or without this state, is 
guilty of a misdemeanor. 

DeriTAtiont Penal Code, § 326. 

Pickett V. People (1876), 8 Hun, 83, aff'd 67 N. Y. 609; People v. Noelke 
(1883), 94 N. Y. 137, 46 Am. Rep. 218; People v. Hooghkerk (1884), 96 N. 
Y. 149, 67 How. Pr. 264; People v. Emerson (1888), 6 N. Y. Cr. 167, 6 N. 
Y. Supp. 374; Goodrich v. Houghton (1892), 134 N. Y. 115, aff'g 55 Hun, 
626, 9 N. Y. Supp. 214; Matter of Blum (1894), 9 Misc. 571, 30 N. Y. Supp. 
396; People v. Jones (1895), 89 Hun, 12, 35 N. Y. Supp. 61; see alto Btate t. 
Moore, 64 N. H. 9, 56 Am. Rep. 478; Com. v. Bierman, 13 Bush. 346. 

290 



Art. 130] LOTTERIES [§§ 1374-1376 

§ 1374. Advertising lotteries. 

A person who, by writing or printing, or by circular or letter, 
or in any otlier way, advertises or publishes an account of a lot- 
tery, whether within or without the state, stating how, when or 
where the same is to be, or has been, drawn, or what are the prizes 
therein, or any of them, or the price of a ticket, or any share or 
interest therein, or where or how it may be obtained, is guilty of a 
misdemeanor. 

DcriTAtioni Penal Code, § 327. 

Onnes v. Dauchy (1880), 82 N. Y. 443, 37 Am. Rep. 683, aff'd 46 N. Y. 
Super. 86; Hart v. People (1882), 26 Hun, 396; People v. England (1882), 27 
Hun, 139; People ex rel. Ellison v. Lavin (1904), 179 N. Y. 164, rev'g 93 App. 
Div. 292, 87 N. Y. Supp. 776; Matter of Cullinan (1906), 114 App. Div. 668, 
99 N. Y. Supp. 1097; see also People v. Charles, 3 Den. 212, 1 N. Y. 180; 
Hudelson v. State, 94 Ind. 426, 48 Am. Rep. 171; State v. Kaub, 16 Mo. App. 
433; Public Clearing House y. Coyne, 94 U. S. 497. 

§ 1375. Advertisements by persons out of the state. 

The provisions of sections thirteen hundred and seventy-four 
and thirteen hundred and seventy-nine are applicable, whenever 
the advertisement was published, or the letter or circular sent or de- 
livered through or in this state, though the person causing or 
procuring the same to be published, sent or delivered, was out of 
the state at the time of so doing. 

Derivationi Penal Code, § 336. 

People ex rel. Madden v. Dycker (1902), 72 App. Div. 308-313, 76 N. Y. 
Supp. HI. 

§ 1376. Offering property for disposal dependent upon the 
drawing of any lottery. 

A person who offers for sale or distribution, in any way, real 
or personal property, or any interest therein, to be determined by 
lot or chance, dependent uix)n the drawing of a lottery within 
or without this state, or who sells, furnishes, or procures, or causes 
to be sold, furnished, or procured, in any manner, a chance or 
share, or any interest in property offered for sale or distribution, 
in violation of this article, or a ticket or other evidence of such a 
chance, share, or interest, is guilty of a misdemeanor. 

I^trlTatlait Penal Code, § 328. 
People ▼. Pickert, 89 N. Y. Supp. 184. 

391 



§§ 1370-1380] LOTTEKIES [Art. 130 

§ 1377. Keeping a lottery office. 

A person who opens, sets up, or keeps, by himself or another 
person, an office or other place for registering the numbers of 
tickets in a lottery within or without this state, or for making, 
receiving, or registering any bets or stakes for the drawing, or 
result of such a lottery, or who advertises or in any way publishes 
any account of an opening, setting up, or keeping of such an office 
or place, is guilty of a misdemeanor. 

DeriTAtiont Penal Code, § 329. 
People V. Jackson, 3 Den. 101. 

§ 1378. Insuring lottery tickets. 

A person who insures, or receives any consiaeration for in* 
suring, for or against the drawing of a ticket, share, or interest 
in a lottery, or of a number of such a ticket, share, or interest, 
or who receives any valuable consideration upon an agreem^t to 
pay money, or deliver property, in the event that a ticket, share, 
or interest, or a number of such a ticket, share, or interest in a 
lottery, shall prove fortunate or unfortunate, or shall be drawn 
or not drawn in a particular way or in a particular order, or 
who promises or agrees, or offers to pay money, or to deliver prop- 
erty, or to do, or forbear to do, anything for the benefit of any 
person, with or without consideration, upon any accident or con- 
tingency dependent on the drawing thereof, or of any number or 
ticket therein, is guilty of a misdemeanor. 

DeriTAtiont Penal Code, § 330. 

Baldwin's Case, 3 City Hall Rec. 06; Kenney's Case, 3 City Hall Rec. 68. 

§ 1379. Advertising to insure lottery tickets. 

A person who, by writing or printing, or by circular or letter, 
or in any other way, advertises or publishes an offer, notice, or 
proposition, in violation of the last section, is guilty of a mis- 
demeanor. 

DeriTAtiont Penal Code, § 331. 

§ 1380. Property offered for disposal in lotteries, forfeited. 

All property offered for sale, or distribution, in violation of 

the provisions of this article, is forfeited to the people of this 

state^ as well before as after the determination of the chance on 

which the same was dependent. And it ia \5aft ^Liitj oi \Sqj^ 

2»S 



Art. 130] LOTTERIES [§§1381-1388 

spective district attorneys, to demand, sue for and recover, in 
behalf of the i)eople, all property so forfeited, and to cause the 
same to be sold when recovered, and to pay the proceeds of the 
sale of such property, and any moneys that may be collected in 
any such suit, into the. county treasury, for the benefit of the 
poor. 

DerlTatioAi Penal Code, { 332. 
People V. Phillips (1883), 30 Hun, 553. 

§ 1381. Letting building for lottery purposes. 

A person who lets, or permits to be used any building or portion 
of a building, knowing that it is intended to be used for any of 
the purposes declared punishable by this article, is guilty of a 
misdemeanor. 

BcrlTationt Penal Code, { 833. 

Edelsmith y. McGrarren, 4 Daly, 467; Michael y. Bacon, IS Am. Rep. 13S. 

§ 1382. Lotteries out of this sUte. 

The provisions of this article are applicable to lotteries drawn 
or to be drawn out of this state, whether authorized or not by the 
laws of the state where they are drawn or to be drawn, in the same 
manner as to lotteries drawn or to be drawn within this state. 

DerivatioAi Penal Code, § 334. 

§ 1383. Money paid for lottery tickets may be recovered by 
action. 

Any person who shall purchase any share, interest, ticket, cer- 
tificate of any share or interest, or part of a ticket, or any paper 
or instrument purporting to be a ticket or share or interest in any 
ticket, or purporting to be a certificate of any share or interest 
in any ticket, or in any portion of any lottery, may sue for and 
recover double the sum of money, and double the value of goods or 
things in action, which he may have paid or delivered in con- 
sideration of such purchase, with double costs of suit. 

Any person who shall have paid any money, or valuable thing, 
for a chance or interest in any raffle or distribution, prohibited by 
the preceding sections, may sue for and recover the same of the 
person to whom such payment or delivery was made. 

Ihtiwmtiam: B. 8., pt 1, ek. 20, tit 8, || 26, 92. 

293 



§§ 1384-1386] LOTTERIES [Art 130 

§ 1384. Prizes in lotteries, forfeited 

Any prize that shall be drawn in any lottery shall be forfeited 
to the use of the poor ; and it shall be the duty of the overseers of 
the poor of the town where the person or persons drawing such 
prize, or any of them, shall reside, to sue for the same^ in their 
names ; and they shall recover the same, in an action for money 
had and received. 

DeriTAtion: R. S., pt. 1, ch. 20, tit. 8, 9 33. 

§ 1385. Certain transfers of property in pursuance of lot- 
tery, void. 

Every grant, bargain, sale, conveyance, or transfer of any real 
estate, or of any goods, chattels, things in action, or any personal 
property, which shall hereafter be made in pursuance of any lot- 
tery, or for the purpose of aiding and assisting in such lottery, 
game or other device, to be determined by lot or chance is hereby 
declared void and of no effect. 

DeriTAtioa: R. S., pt. 1, ch. 20, tit. 8, 9 38. 

§ 1386. Contracts, agreements and securities on account of 
raffling, void. 

All contracts, agreements and securities given, made or executed, 
for or on account of any raffle, or distribution of money, goods or 
things in action, for the payment of any money, or other valuable 
thing, in consideration of a chance in such raffle or distribution, 
or for the delivery of any money, goods or things in action, so 
raffled for, or agreed to be distributed as aforesaid, shall be 
utterly void. 

DeHTatiom: E. S., pt 1, eh. 20, tit 8, | 24. 



294 



Art 132] MAIMING [§§ 1400-1402 



ARTICLE 13S. 

MATMTNQ. 

fiBcnoR 1400. Muming defined; punishment. 

1401. What injury may constitute maiming. 

1402. Maiming one's self to escape performance of a duty. 

1403. Maiming one's self to obtain alms. 

1404. Subsequent recovery of injured person, when a defense. 

§ 1400. Maiming defined; punishment. 

A person who wilfully, with intent to commit felony, or to in- 
jure, disfigure or disable, inflicts upon the person of another aa 
injury which: 

1. Seriouly disfigures his person by any mutilation thereof ; or, 

2. Destroys or disables any member or organ of his body; or, 

3. Seriously diminishes his physical vigor by the injury of any 
member or organ. 

Is guilty of maiming, and is punishable by imprisonment for a 
term not exceeding fifteen years. 

The infliction of the injury is presumptive evidence of the 
intent. 

DerlTatioAi Penal Code, § 206, as amended L. 1892, ch. 662, 9 5. 

Foster v. People (1892), 60 N. Y. 598; Burke v. People (1876), 4 Hun, 
481; Godfrey v. People (1875), 63 N. Y. 207, rev'g 5 Hun, 369; Tully v. 
People (1876), 67 N. Y. 15; People v. Dankberg (1904), 91 App. Div. 68, 86 
N. Y. Supp. 423. 

§ 1401. What injury may constitute maiming. 

To constitute maiming, it is immaterial by what means or in- 
strument, or in what manner, the injury was inflicted. 

DeriTAtiont Penal Code, § 209. 

§ 1402. Maiming one's self to escape performance of a duty. 

A person, who, with design to disable himself from performing 
a l^al duty, existing or anticipated, inflicts upon himself an in- 
jury, whereby he is so disabled, is guilty of a felony. 

J>mrkwmUnmt Penal Code, § 207 



295 



§§ 1403-1404] MAIMING [Art- 132 

§ 1403. Maiming one's self to obtain alms. 

A person who inflicts upon himself an injury, such as if in- 
flicted upon another would constitute maiming, with intent to avail 
himself of such injury, in order to excite sympathy, or to obtain 
alms, or any charitable relief, is gnilty of a felony. 

DeriTAtion: Penal Code, § 208. 

§ 1404. Subsequent recovery of injured person, when a de- 
fense. 

Where it appears upon a trial for maiming another person, 
that the person injured has, before the time of trial, so far 
recovered from the wound, that he is no longer by it disfigured in 
personal appearance, or disabled in any member or organ of his 
body, or affected in physical vigor, no conviction for maiming can 
be had ; but the defendant may be convicted of assault in any de- 
gree. 

DeriTAtiomt Penal Code, I 210. 



89<t 



Art. 132] MALICIOUS MISCHIEF [§§ 1420-1421 

* 

ARTICLE 134. 

MAUCIOirS MISCHIEF. 

BBcnoH 1420. Damaging building or vessel by explosion. 
1421. Burning crops or timber, how piiuislieci. 
^ 422. Altering signal or light for railroad or veSi^cl. 

1423. Injuring highway boundary, pier, sea-wall, dock, rock, buoT, 

landmark, mile-board, pipe. nmiu. sewer, machine, telegraph, 
or other property. 

1424. False alarms of flre ; interference w ith fire-alarm telegraph systems. 
1423. Malicioas injury to and destruction of property. 

1426. Malicious injury to staniiing crops, when a nusdemeanor 

1427. Removal of books and works of art from library; wilful injury 

to works of art, ornamental trees or other improvements. 

1428. Wilful or malicious injury to certain articles in libraries, gal- 

leries, museums or exhii)itions. 

1429. Destroying or delaying election returns. 
143<). Property in house of woi^ship. 

1431. Interference w iih gas or electric meters or steam valves. 

1432. Unlawful interfeience with water meters, water service pipes 

and their coniiecticms. 

1433. Injury to property, bow punished. 
i434. Placing mjurious substances on roads. 

§ 1420. Damaging building or vessel by explosion. 

A person who unlawfully and maliciously, by the explosion of 
gun-powder, or any other explosive substance, destroys or damagee 
aiid building or vessel, is punishable as follows : 

1. Tf thereby the life or safety of a human being is endangered, 
];/ imprisonment for not more than twenty-five years; 

2. In everv other case by imprisonment for not more than ten 
Years. (Amended by L. 1015, eh. 434. In effect Sept. 1, 1915.) 

BeriTation: Penal Code, § G3G. 

§ 1421. Burning crops or timber, how punished. 

A person who, under circumstances not amounting to arson in 
any of its degrees: 

1. Wilfully burns or sets fire to any grain, gra^s, or growing 
crop, or standing timber, or to any building, fixtures or appur- 
tenances to real property of aiiothcr : or 

2. Wilfully sets fire to, or assists an(;ther to set fire to any wild, 
waste or forest lands, belonging to the state or to another person 
whereby .such forests are injured or endangered ; 

Is guilty of felony and is punishable by imprisonment for not 
more than ten years or by a fine of not more than two thousand 
dollars, or by both. (Amended by L. 1910, ch. 474, in effect July 

1, 1910.) 

Derivation: Penal Code. § C37. 

People V. FfUishawe (ISBDh 137 N. Y. 75, afTg G5 Huu, 71, 1^ 'Is.X.^m^V. 
S65. 



:m 



?§ 1422-1423] MALICIOUS rilSCIilEF [Art. 134 

* 

§ 1422. Altering signal or light for railroad or vessel. 
A person who, with intent to bring a vessel, railway engine, or 
railway train into danger: 

1. Unlawfully or wrongfully shows, masks, extinguishes, altera, 
or removes a light or other signal ; or, 

2. Exhibits any false light or signal. 

Is punishable by imprisonment for not more than ten years. 
DeriTAtlont Penal Code, § 638. 

§ 1423. Injuring highway boundary, pier, sea-wall, dock, 
rock, buoy, landmark, mile-board, pipe, main, sewer, machine, 
telegraph or other property. 

A peraon who wilfully or maliciously displaces, removes, in- 
jures, or destroys: 

1. A public highway or bridge, or a private way laid out by 
authority of law, or a bridge uix>n such public or private w^ay ; or, 

2. A pier, boom, or dam, lawfully erected or maintained upon 
any water within the state, or hoists any gate in or about such 
dam; or, 

3. A pile, or other material, fixed in the ground and used for 
securing any sea-bank or sea-walls, or the bank or dam of any 
river or other water, or any dock, quay, jetty, or lock ; or, 

4. A huoy or beacon, lawfully placed in any waters within the 
state; or, 

5. A tree, rock, post, or other monument, which has been either 
e: tol or marked for the })urpose of designating a point in the 
boiiiulaiy of the state, or of a county, city, town, or village, or of a 
farm, tract, or lot of land, or any mark or inscription thereon ; or, 

6. A line of telegrai)h or telephone, wire or cable, pier or abut- 
ment, or the material or projierty belonging thereto, without law- 
ful autliority, or who shall unlawfully and wilfully cut, break, tap, 
or make connection with any telegraph or telephone line, wire, 
cal)lo or instrument, or read or coj)y in any unauthorized manner 
any message, wnimunication or rcjiort pa^-^sing over it, in this 
state; or who diall wilfully pi event, obstruct or delay, by any 
moans or c nitrivanrT what^c.evor, the .-^ending, transmission, con- 
veyance or delivery, in this state, of any authorized message, com- 
munication or rej'oir l)y or through any telegraph or telephone 
line, wire or cable, under the control of any telegraph or tele- 
phone company di.ing business in this state; or who shall aid, 
agree with, employ or conspire with any i>erson or persons to 
unlawfully do, or permit or cause to be done, any of the acts 
hereinbefore nuMitioned, or who shall occupy, use a line, or shall 
knowingly permit another t4» oc(*uf)y, use a line, a room, table, 
establishment or apparatus to unlawfully do or cause to "be done 
any of the acts hereinbefore mentioned ; or, 

90» 



Art- 134] MALICIOUS MISCHIEF [§ 1424 

7. A pipe or main for oonducting gad or water, or ar.y works 
erected for supplying buildings with gas or water, or any appur- 
tenance or appendage connected therewith; or, 

8. A sewer or drain, or a pipe or main connected there\\nth, or 
forming part thereof; or, 

9. Destroys or damages with intent to destroy or render use- 
less any engine, machine, tool or implement intended for use in 
trade or husbandry, is punishable by imprisorment for not more 
than two vears. 

10. Any person who shall without authority of the corporation 
owning the same open any fire-hydrant, except for the purpose of 
extinguishing a fire, or who shall wantonly injure or impair the 
same, shall be guilty of a misdemeanor, aiul upon conviction 
therer>f shall be punished by a fine of ten dollars or by imprison- 
ment in a county jail for the term of ten days ; and it shall be the 
duty of all policemen, deputy sheriffs or constables to arrest any 
person found violating this subdivision. 

11. A person who wilfully or maliciously displaces, semoves, 
injuries or destroys a mile-board, mile-stone, danger sign or signal, 
or guide sign or post, or any inscription thereon, lawfully within 
a public highway ; or who, in any manner paints, prints, places, 
puts or affixes, or causes to be painted, printed, placed or affixed, 
any business or commercial advertisement on or to any stone, tree, 
fence, stump, pole, building or other object, which is the property 
of another, without first obtaining the written consent of such 
owner thereof, or who in any manner paints, prints, places, puts 
or affixes, or causes to be painted, printed, placed or afiixed, such 
an advertisement on or to any stone, tree, fence, stump, pole, mile- 
lK»ard. mile-stone, danger-sign, danger-signal, guide-sign, guide- 
post, bill-board, building or other object within the limits of a 
public highway is punishable by a fine of not less than five dollars 
nor more than twenty-five dollars, or by imprisonment for not 
more than ten days, or by both such fine and imprisonment. Any 
advertisement in or upon a public highway in violation of the pro- 
visions of this subdivision may be taken down, removed or de- 
sTroyed by anyone. (Amended by L. 1911, oh. 316; L. 1915, ch. 
150! In effect Sept. 1, 1915.) 

DeriTAtioai Penal Ckxle, 9 639 (7), m amended L. 1892, ch. 372, 9 1; 
Penal Code, 9 639 (11), added L. 1899, ch. 338, 9 1. 

Wass V. Stephens (1891). 128 N. Y. 123; Hewett v. Newburger (1804), 
141 N y. 638, rcv'g 66 Hun, 230, 20 N. Y. Supp. 913; People v. Batra 
'1894)', 79 Hun. 584, 29 N. Y. Supp. 894; McXTorria v. Howell (1903), SO 
App Div. 272, 85 N. Y. Supp. lOlH, 111 N. Y. Supp. 204; People v. Gillies 
MOOT). 67 Miac. 668. 109 N. Y. Supp. 945, 21 Crim. Rep. 413. 

§ 1424. False alarms of fire; interference with fire-alarm 
telegraph systems. 
Any person who shall wilfiillv o-lve any faku alarm of fire, or 

299 



§ 1425] MALICIOUS MISCHIEF [Art. 134 

who shall wilfiilly tamper, meddle or interfere with any station 
or signal box of any fire-alarm telegraph system, or any auxiliary 
fire appliance, or who shall wilfully break, injure, deface or re- 
move any such box or station, or who shall wilfully break, injure, 
destroy, or disturb any of the wires, poles or other supports and 
appliances connected with or forming a part of any fire-alarm 
telegraph system, or any auxiliary fire appliance, shall be guilty 
of a misdemeanor, and upon conviction thereof shall be punished 
by a fine of not less than ten dollars or by imprisonment for not 
less than ten -days or by both such fine and imprisonment. 

Derivation: Penal Code, 9 639a, added L. 1905, ch. 279; amended L. 
190S, ch. 276. 

§ 1425. Malicious injury to and destruction of property. 

A person who wilfully : 

1. Cuts down, destroys or injures any wood or timber stand- 
ing or growing, or which has been cut down and is lying on lands 
of another, or of the people of the state ; or, 

2. Cuts down, girdles or otherwise injures a fruit, shade or or- 
namental tree standing on the lands of another, or of the people 
of the state; or, 

3. Severs from the freehold of anorlier, or of the people of the 
state, any produce thereof, or any thing attached thereto; or, 

4. Digs, takes or carries away without lawful authority or con- 
sent from any lot of land in any city or incorporated villasro, or 
from any lands included within the limits of a street or avenue 
laid down on the map of such city or village, or otherwise recog- 
nized or established, any earth, soil or stone; or, 

5. Enters without the consent of the owner or occupant any 
orchard, fruit garden, vineyard or ground whereon is cultivated 
any fruit, with intent to take, injure or destroy any thing there 
growing or grown ; or, 

n. Cuts down, de-troys or in any way injuries any shrub, tree 
or vino being or growing within any such orchard, garden, vine- 
yard or ui>on any .«uch ground, or any building, frame work or 
erection thereon; or, 

7. Maliciously injuries any ic:* upon any water from which ice 
is taken as an article of merchandise with intent to injure the 
owner thrreof, or enters or skates upon any pond or body of water 
not navigable kept and used for the purpose of taking ice there- 
from as an article of merchandise, and upon or adjoining which 
a notice has been placed in a conspicuous position forbidding such 
entry, and stating the purpose for which said body of water is 
kept or used, or puts or throws upon or into any such pond or body 
.»f water any stick, stone or other substance to the injury of the 
ice or water; or, 

800 



Art 134] MALICIOUS MISCHIEF [§ 1425 

8. "CTnlawfully takes or carries away or interferes with or disturbs 
by any means the oysters or other shellfish of another, legally planted 
or cultivated upon the bed of any river, bay, sound or water of this 
state^ or removes, puUs up, sinks or destroys any stake or buoy desig- 
nated or marking out any legally planted or cultivated oyster or other 
shellfish bed of another, is guilty of a misdemeanor; and any oysters 
or other shellfish planted or cultivated upon any beds owned or held 
under franchise or lease made by authority of any laws of this state or 
held under leases made by any town or its board of trustees or by any 
city of the state shall be deemed legally planted or cultivated, and 
any such bed shall be deemed legally marked or defined when the 
owner, lessee or holder thereof shidl prove on the trial of any offense 
herein defined, that one or mere stakes or buoys stood on or near each 
comer of the bed embracisg the planted or cultivated oysters or shell- 
fish witfadn ninety days before the offense on trial was committed ; such 
stakes or buoys may but need not necessarily embrace more than the 
actual planted or cultivated bed. Evidence that any boat or vessel has 
been used for the purpose of taking, carrying away or interfering with 
such oysters shall be presumptive evidence of guilt as against tlie 
owner, niastL?r or crew of such vessel; or, (Added by L. 1914, ch. 150, 
in effect Sept. 1, 1914.) 

9. Intrudes or places any hovel, shanty or building upon, or within 
the limits of any lot or piece of land within any incorporated city or 
village, without the consent of the owner, or within the boundaries of 
any street or avenue within such city or village; or, 

10. Kills, wounds or traps any bird, deer, squirrel, rabbit or other 
animal within the limits of any cemetery or public burying ground, 
or of any public park or pleasure ground, or removes the young of 
any such animal, or the eggs of any such bird, from any cemetery, park 
or pleasure ground, or exposes for sale, or knowingly buys or sells any 
bird or animal so killed or taken ; or, 

11. Drives or leads along a public highway a wild and dangerous 
animal, or vehicle or engine propelled by steam, except upon a rialroad, 
along a public highway, or causes or directs suck animal, vehicle or 
engine to be so driven, led or to be made to pass, unless a person of 
mature age shall precede such animal, vehicle or engine by at least 
one-eighth of a mile, carrying a red light, if in the night time, and 
gives warning to all persona whom he meets traveling such highway, 
of the approach of such animal, vehicle or engine; or, 

11-a. [Added, 1909.1 ^^'^^^^ intent so to do, damages in any man- 
ner nn automobile or other motor vohiole: or. 
Added by L. 1909, ch. 525. In effect Sept. 1, 1909. 

12. Takes or attempts to take, without the consent of the 
owner of any lake or pond, any fish from the waters tluTt-of, 
provided such lake or pond is so situated that fish can not pass 
thereinto from the waters of any other lake, pond or stream, 
either public or owned by other persons; or, without the consent 
of the owner of any such lake or pond, places therein any pisciv- 
orous fish or any poison or other substance injurious to the health 

301 



§ 1425] liLVLICIOrS MISCHIEF [Art. 13^ 

of fish, or lets the waters out of any such lake or pond, with intent t( 
take fish therefrom or to harm fish therein ; or, 

13. Injures any arsenal or armory, or its fijctures, or any uniforms 
arms or equipments, or other property therein deposited; or, 

14. Trespasses upon any rifle range lawfully used by or in connec- 
tion with the national guard of t!;e state, or any organization, divisjio!) 
or district thereof, or injuries any target or other property situate 
thereon, or wilfully violates thereon any regulation established to main- 
tain order, preserve properly or prevent ai^oident upon such range, oi 
removes, mutilates or destroys a battle flag, book, placard, relic :i 
record deposited or kept in the state military bureau ; or, 

15. Cuts, spoils or destroys any cordage, cable, buoys, buoy-rope 
head-fast or otiier fast fixed to tlie anchor or moorings belonging tc 
any vessel, or who shall, with intent to injure, tamper in any way \nu 
the lines or cables hv which any vessel is moored or made fast, or wh< 
shall, with intent to injure, tamper in any manner with the steering 
gear, bell-gear, engines, machinery, lights or any other equipments o; 
any vpshcI, 

Sliall be deemed guilty of a misdemeanor. 

16. Any person, who in any manner, for exhibition or display, slial 
place or cause to be placed, any word, figure, mark, picture, design 
drawing, or any advertisement, of any nature upon any flag, standard 
color, shield or ensign of the United States of America, or the state o 
New York, or shall expose or cause to be exposed to public view an] 
such flag, standard, color, shield, or ensign, upon which after the firs 
day of September, nineteen hundred and five, shall have been piinted 
painted or otherwise placed, or to which shall be attached, appended 
affixed, or annexed, any word, figure, mark, picture, design, or drawing 
or any advertisement of any nature, or who shall expose to public view 
manufacture, sell, expose for sale, give away, or have in possession foi 
sale, or to give away, or for use for any purpose, any article, or sub 
stance^ being an article of merchandise, or a receptacle of merchandise 
or article or thing for carrying or transporting merchandise, upot 
which after the first day of September, nineteen hundred and five, sha^ 
have been printed, painted, attached, or otherwise placed, a representa 
tion of any such flag, standard, color, shield or ensign, to advertise 
call attention to, decorate, mark or distinguish, the article or substance 
on which so placed, or who shall publicly mutilate, deface, defile, o: 
defy, trample upon, or cast contempt, either by words or act, upon an; 
such flag, standard, color, shield or ensign, shall be deemed guilty of J 
misdemeanor and shall also forfeit a penalty of fifty dollars for eacl 
such olTcnse, to be recovered with costs in a civil action, or suit, in an; 
court having jurisdiction, and such action or suit may be brought b 
or in the name of any citizen of this state, and such penalty when col 
lect«'d less the reasonable cost and expense of action or suit and r^ 
coverv to be certifiod bv tlie district attorney of the county in which t^ 
olTonse is committed shall be paid into tlie treasury of this state; a^ 
two or more jienalties may be sur»d for and recovered in the same actio 



Art. 134] MALICrOrS illSCIIlEF [§ 1425 

nrsuit. The words, flag, standard, color, slii(?ld or ensign, as used in 
tliis subdivision or section, shall include any flag, standard, color, 
sliield, ensign, or any picture or representation, of either thereof, made 
of any substance, or represented on any substance, and of any size, 
evidtffltly purporting to be, either of, said flag, standard, color, shield, 
or onsign, of the United States of America, or of the state of New 
York, or a picture or a representation, of either thereof, upon which 
shall Ih? shown tlie colors, the stars, and the strii)es, in any number of 
either then*of, or by which the person seeing the same, without delibera- 
tion may believe the same to represent tlie flag, colors, standard, shield 
or ensign of the United States of America, or of the state of New York. 

This subdivision shall not apply to any net expressly permitted by 
the statutes of the United States of America, or by the United States 
Army and Navy regulations, nor shall it be construed to apply to a 
certificate, diploma, warrant, or commission of appointment to offi<e, 
omanieiital picture, article of jewelry, stationery for use in private 
eomspondence, or newspaper or periodical, on any of which shall be 
printed, paintt»d or placed, said flag, standard, color, shield or ensign 
di>(onnected and apart from any advertisement. 

The possession by any person, other tlian a public oflicer, as such, 
of any such flag, standard, color, shield or ensign, on which shall be 
anything made unlawful at any time by this section, or of any article 
or substance or thing on which shall be anything made unlawful at any 
tinu' by this section shall be presumptive evidence that the same is in 
violation of this section, and was made, done or created after the first 
day of September, nineteen hundred and five, and that such flag, 
standard, color, shield, ensign, or article, substance, or thing, did not 
f^iston the first day of September, nineteen hundred and five. (Suhd. 
amendwl by L. 1917, chs. i)i an<l : T!», in elfert June 8, 1917. Chapter 
5^ is repealed by section 2 of chapter 719.) 

BtriTatioBi Penal Codo, § 640. a^ ainond,..! L. 1802, ch. 092, § 1; subd. 
^.aianwnded L. 1888. ch. 491, § 1 : L. l«i»4. ch. 104. § 1 : L. 1894, ch. 320, § 1; 
>uM. 12, added L. 1889, cli. 497 § 1: suIkI. 13 addod L. 1893, ch. 092, § 2; 
WM. 14. added 1j. 1893, c}^. 092, § 2. anu-n-Iicl L. 1894. oh. TmI. § 1 ; L. 1890, 
A.5o2, § 1; subd. 15, added L. 1S90. Hi. 552. J5 1: i^uhd. 10, aJdinl L. 1899, ch. 
12. § 1, amended L. 1903, cli*. 272. § 1 ; L. 1905, ch. 80, § 1 ; L. 1905, ch. 440, 

n. 

Anderson V. How (1889), 110 X. Y. 330; ^Iiillcn v. Villa-t» of Olcn* Falln 
fl8W), 11 App. Div. 275, 42 X. Y. Siipp. 113; Rico v. Buffalo StocI, etc. 
'I8ft7), 17 App. Div. 462, 45 N. Y. Supp. 277: Xason v. Wo^rt (1900). 31 
^»*c. 583, 63 N. Y. Supp. 051; rw)plc v. McLaughlin (1901), 57 App. Div. 

20 30:] 



§§ 1426-1428] MALICIOUS MISCHIEF [Art. 134 

454, 68 N. Y. Supp. 246, 16 N. Y. Cr. 337; McMorris t. Howell (1903), 89 
App. Div. 274, 86 N. Y. Supp. 1018; People ex rel. Pike v. Van De Carr 
(1904), 178 N. Y. 425, 19 Crim. Rep. 332, aff*g 86 N. Y. Supp. 644, 91 App. 
Div. 20; see also People v. Becker, 10 N. Y. Supp. 676; Wait v. Greeiij 5 
Park. 185; O'Donnell v. Mclntyre, 16 Abb. N. C. 87; People t. Upton, 9 N. 
Y. Supp. 684. 

§ 1426. Malicious injury to standing crops, when a misde- 
meanor. 

A person, who maliciously injures or deetroys any standing 
crops, grain, cultivated fruits, or vegetables, the property of an- 
other, in any case for which punishment is not otherwise prescribed 
by this chapter or by some other statute, is guilty of a misde- 
meanor. 

Derivation: Penal Code, § 640. 
People V. Upton, 9 N. Y. Supp. 684. 

§ 1427. Removal of books and works of art from library, wil- 
ful injury to works of art, ornamental trees or other improve- 
ments. 

Any person who: 

1. Removes or assists in removing any book, manuscript, map, 
print, coin, medal, printing or other literary article or work of art 
from the library building of any reference library company, ex- 
cept for its preservation or repair or for the purpose of its deposit 
in some other building of the company, or, being a trustee or oflS- 
cer of such company, consents to the removal thereof; or, upon 
such removal refuses to permit th^; same to be restored ; or, 

2. Not being the owner thereof, and without lawful authority, 
wilfully injures, disfigures, removes or destroys a gravestone, 
monument, work of art, or useful or ornamental improvement, or 
any shade tree or ornamental plant, whether situated upon private 
grounds or upon the street, road or sidewalk, cemetery or public 
park or place, or removes from any grave in a cemetery any 
flowers, memorials or other tokens of affection, or other thing con- 
nected with them, 

Is guilty of a misdemeanor. 

DeriTation: Penal Code, § 647, as amended L. 1892, ch. 692, { 1. 

People V. Richards (1888), 108 N. Y. 137, rev'g 44 Hun, 278; Schultz T. 
Greenwood Cemetery (1907), 190 N. Y. 276, rev'g 112 App. Div. 922, 98 N. 
Y. Supp. 1114. 

§ 1428. Wilful or malicious injury to certain articles in B- 
braries, galleries, museums or exhibitions. 

A person who wilfully or maliciously cuts, tears, defaced, die- 

304 



Art. 134] MALICIOUS MISCHIEF [§§ 1429-1431 

figures, soils, obliterates, breaks or destroys, a book, map, chart, 
picture, engraving, statute, coin, model, apparatus, specimen, or 
other work of literature or object of art, or curiosity, deposited 
in a public library, gallery, museum, collection, fair, or exhibi- 
tion, or in a library, gallery, museum, collection or exhibition 
belonging to any incorporated college or university, or to any 
other incorporated institution devoted to educational, scientific, 
literary, artistic, historical or charitable purposes, is punishable 
by imprisonment in a state prison for not more than three years, 
op in a county jail for not more than one year, or by a fine of not 
more than five hundred dollars, or by both such fine and im- 
prisonment. 

DeriTation: Penal Code, § 64S, as amended L. 1907, cb. 405, $ 1. 

§ 1429. Destroying or delaying election returns. 

A messenger appointed by authority of law to receive and carry 
a report, certificate or certified copy of any statement relating to 
the result of any election, who wilfully mutilates, tears, defaces, 
obliterates or destroys the same, or does any other act which 
prevents the delivery of it as required by law ; and a person who 
takes away from such messenger any such report, certificate or 
j certified copy, with intent to prevent its delivery, or who wilfully 
- does any injury or other act in this section specified, is punish- 
able by imprisonment in a state prison not exceeding five years. 

BeriTatioBt Penal Code, § 640, as amended L. 1892, cb. 662, S 24. 
People V. Wise (1885), 3 N. Y. Cr. 303, 2 How. Pr. (N. S.) 92. 

§ 1430. Property in house of worship. 

A person, who wilfully and without authority, breaks, defaces 
^^ otherwise injures any house of religious worship, or any part 
hereof, or any appurtenance thereto, or any book, furniture, 
ornament, musical instrument, article of silver or plated ware, 
Of other chattel kept therein for use in connection with religious 
^rship, is guilty of felony. 

I^Tations Penal Code, § 650. 

§ 1431. Interference with gas or electric meters or steam 
^vts. 

-A. person who wilfully with intent to injure or defraud : 
^« Connects a tube, pipe, wire or other instniment or contriv- 
^oe with a pipe or wire used for the conducting or supplying 
Ruminating gas, fuel, natural gas or electricitv in such a Tciaxaxwt 

805 



I 



§ 1431] MALICIOUS MISCHIEF [Art 13 

aA to supply such gas or electricity to any burner, orifice^ lamj 
or motor where the same is or can be burned or used withou 
passing through the meter or instrument. provided for registerinj 
the quantity consumed, or uses such gas or electricity obtained b;; 
reason of the making of such connection ; or, 

2. Obstructs, alters, injures or prevents the action of a metei 
or other instrument used to measure or register the quantity o^ 
illuminating fuel, natural gas or electricity consumed in a house 
or apartment, or at an orifice or burner, lamp or motor, or by a 
consumer or other person or a person other than a state inspector 
or a deputy inspector of gas meters or an employee of the company 
owning any gas or electric meter, who wilfully shall detach or d» 
connect such meter, or make or report any test of, or examine 
for the purpose of testing any such meter so detached or discon- 
nected ; or, 

3. In any manner whatever, changes, extends or alters any 
service or other pipe, wire or attachment of any kind connecting 
or through which natural or artificial gas or electricity is fu^ 
nished from the gas mains or pipes or wires of any person, com- 
pany or corporation without first procuring from said person, 
company or corporation written permission to make such change, 
extension or alterations, or uses gas or electricity obtained by 
reason of such changes, extensions or alterations without first pro- 
curing the written permission aforesaid ; or, 

4. Makes any connection or re-connection with the gas mains, 
service pipes or wires of any person, company or corporation 
furnishing to consumers natural or artificial gas or electricity, 
or turns on or off or in any manner interferes with any valve or 
stopcock or other appliances belonging to such person, company 
or corporation and connected with its sendee or other pipes or 
wires, or enlarges the orifice of mixers, or uses natural gas for 
heating purix)se3 except through mixers, or uses electricity or 
artificial gas for any purpose before it has passed through an 
instrument for measuring the quantity consumed, without first 
proourinir from such person, company or corporation a writter 
permit to turn on or off such stopcock or valve, or to make sucl 
connections or re-connr ctions, or to enlarge the orifice of mixer 
or to use for heating purposes without mixers, or to interfere "witi 
the valves, stopcocks, wires, or other appliances of such persoT) 
company or corporation as the case may be ; or, 

6. Retains possession of or refuses to deliver any miser o 



Irt. 134] MALICIOUS MISCHIEF [§ 1432 

oixera, meter or meters, lamp or lamps, or other appliances 
fhich may be or may have been loaned or rented to them by any 
)erson, company or corporation for the purpose of furnishing gas, 
ilectrieity or power through the same, or who sells, loans or in any 
manner disposes of the same to any person or persons other 
than the said person^ company or corporation entitled to the 
possession of the same; or, 

G. Sets on fire any gas escaping from wells, broken or leaking 
mains, pipes, valves or other appliances used by any person, com- 
pany or corporation, in conveying gas to consumers, or interferes 
in any manner with the wells, pipes, mains, gateboxes, valves, 
stopcocks, wires, cables, conduits, or any other appliances, machin- 
eiy or property of any person, company or corporation engaged 
in furnishing gas to consumers unless employed by or acting under 
the authority and direction of such person, company or corpora- 
tion; or, 

7. Opens or causes to be opened or re-connects or causes to be 
reH»nnected any valve lawfully closed or disconnected by a district 
steam corporation ; or, 
i 8. Turns on steam or causes it to be turned on, or to re-enter 
any premises when the same has been lawfully stopped from en- 
tering such premises, 
Is guilty of a misdemeanor. 

DeriTAtioBf Penal Code, § 651, as amended L. 1SS8, ch. 219; L. 1892, 
eiiB.692, 699; L. 1893, ch. 692; L. 1900, ch. 580; L. 1906, ch. 453. 

§ 1432. Unlawful interference with water meters, water ser- 
vice pipes and their connections. 

A person who, wilfully, with intent to injure or defraud : 

1. Breaks or defaces, or causes to be broken or defaced, the seal 
rf a water meter ; or, 

2. Obstructs, alters, injures or prevents, or causes to be ob- 
structed, altered, injured or prevented, the action of any such 
meter or other instrument used to measure or register the quan- 
tity of water supplied to or consumed by any person, corporation 
OP company; or, 

3. Makes or oauses to be made anv connection bv means of 
• ' *'■ 

pipe, conduit or otherwise with the water main or service pipe of 
my person, corporation or company furnishing water to con- 
•umeiB, in such manner as to take water from said main or 
lervice pipe without its passing through the meter or oWit^t vcv- 

,907 



§ 1433] MALICIOUS MISCHIEF [Art. 134 

strument provided for registering or measuring the amount or 
quantity of water taken from said main or service pipe; or, 

4. Makes any connection or re-conncction with the water main 
or service pipe of any person, corporation or company fumidhing 
water to consumers, or turns on or off, or in any manner inte^ 
feres with any valve, stopcock or other appliance belonging to 
said person, corporation or company, without obtaining from such 
person, corporation or company a written permit to make such 
connection or re-connection or to turn or otherwise interfere with 
said valve, stopcock or other appliance; or, 

5. Prevents, by the erection of any device or construction, or 
by any other means, free access to any such meter by the person, 
company or corporation furnishing such water ; or interferes, ob- 
structs or prevents, by any means, the reading or inspection of 
such meter. 

Is guilty of a misdemeanor. 

DerlTatioa: Penal Code, § 651a, addec^ L. 19()2, ch. 333, { 1. 

§ 1433. Injury to property, how punisiKid. 

A person who unlawfully and wilfully destroys or injures any 
real or personal property of another, or who without authority or 
permission from a person who has the right to give such authority 
or permission, loosens any brake or blocking of any car standing on 
anv railroad track in this state, or without like authority or per- 
mission, puts upon or runs any hand car, or other car, on any rail- 
road track in this state, or without like authority or pennission, in- 
terferes 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 then^in, in a caise where the punishment is not sjucially 
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 two hundred 
and fifty dollars, by imprisonment for not more than four years. 
(Subd. 1, amended by L. 1912, ch. 163; L. 1915, ch. 342. In 
effect Sept 1, 1915.) 

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 dol- 
lars, 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, 
l^eriwMtioMi Penal Code, | 654. as am^TiaLe^ li. \%^^« ^ \^^ 

30S 



u 134] MALICIOUS MISCHIEF [§ 1434 

*«ople T. ChriBty (1892), 65 Hun, 349, 20 N. Y. Supp. 278, 8 N. Y. Cr. 
; People T. Kane (1892), 131 N. Y. Ill; People v. Bosworth (1892), 64 
Q, 72, 19 N. Y. Supp. 114; Hewitt v. Newburger (1894), 141 N. Y. 638, 
'g 66 Hun, 230, 20 N. Y. Supp. 913; People v. Kane (1894), 142 N. Y. 
1, rev'g 73 Hun, 542, 26 N. Y. Supp. 1121; Prignitz v. McTiernan (1896), 
MUc 652, 43 N. Y. Supp. 974; People v. Knatt (1898), 156 N. Y. 302, 
•g 19 App. Div. 628, 46 N. Y. Supp. 1098; Layton v. McConnell (1901), 61 
p. Div. 447, 70 N. Y. Supp. 679; Curley v. Electric Vehicle Co. (1902), 68 
p. Div. 1820, 74 N. Y. Supp. 36; O'DeU v. Hatfteld (1903), 40 Misc. 13, 81 
Y. Supp. 158; see also Von Hoffman v. Kendall, 17 N. Y. Supp. 713; 
imtiis ▼. Nichols, 81 N. Y. Supp. 600. 

§ 1434. Placing injurious substances on roads. 

WTioever willfully shall throw, drop or place, or shall cause or 
)ciire to be thrown, dropped or placed, in or upon any cycle 
h, arenue, street, sidewalk, alley, road, highway or public way 
place, any glass, tacks, nails, })ieces of metal, brier, thorn or 
er siibetance which might injure any animal or puncture any 
}i:sed on a vehicle, or which might wound, disable or injure any 
•son u-iri?- FHch way, shall be guilty of a misdemeanor, and on 
ivirti: n bo fired not le?^s than five nor more than fifty dollars, 
mended by L. 1916, ch. 321, in efl^ect Sept. 1, 1916.) 

^trlTatioms Penal CodCi. S 654a, added L. 1896, oh. 804. 

eehner t. Village of Newark (1896), 19 Misc. 452, 44 K. Y. Sopp. tUti 
3le V. Sohennarkoni (1908), 59 Mise. 149, 112 K. Y. Sopp. 



1435. Wearing industry badges, or other insignia of iden- 
ation, by unauthorized persons. 

ji employer of labor may adopt a badge, or other insignia of 

itification, to be worn or displayed by the employees for the 
pose of identification while npon the premises of the employer 
post a notice of the adoption of such badge, or insignia, near 
main entrance of such premises. Such emplowr shall deposit 
I the industrial conamission a replica of such badge or insignia, 
such commission shall, if such badge or insignia be distinctive, 
B to such employer a certificate authorizing the use thereof for 
purposes of this section. Any person who, after the approval 
adoption of such badge, or insignia, and posting of such notice, 
tout authority or permission of the employer adopting the 
9, wilfully wears such badge, or displays such insignia, or any 
[mile or any imitation thereof, or uses the same to obtain 

309 



§ 1435] MALICIOUS MISCHIEF [Art. 13 

m 

admittance to or remain upon the premises of the employer, i 
guilty of a misdemeanor. (Added by L. 1918, eh. 265, in eflfe< 
April 17, 1918.) 

§ 1435. Damaging military or naval equipment supplies o 
stores. 

A person who, in time of war, wilfully or maliciously: 

1. Injures or destroys any article of equipment or supplies c 
military or naval stores of the military or naval forces of th 
United States or of the state of New York or of any foreign go- 
ernment allied with the United States, or any article used or ii 
tended for use in the production or manufacture of any sue 
article; or 

2. Injures or destroys any building, structure, or vessel used ^ 
occupied by the military or naval forces of the United States i 
of the state of New York or of any foreign government allied wi' 
the United States, or any article used or intended for use in tl 
construction or operation of any such building, structure or vesse 
or 

3. Injures or destroys any building, structure, or vessel used ( 
occupied in the production of any article mentioned in subdivisia 
one of this section or anv article used or intended for use in tb 
construction or operation of any such building, structure, or vessel 
or 

4. Iniures or destrovs anv machine used or intended for useii 

«i t. « 

the production of any article mentioned in subdivision one, t^ 
or throe of this section r)r used or intended to be used in the con 
struction or operation of any building, structure, or. vessel men 
tioned in sulxlivision two or three of this section ; or tampers wit' 
any such machine with intent to lessen its efficiency in the prodw 
tion of any such article ; or 

5. Injures or destroys any railroad engine or car, or any vehicl 
or any vessel used or intended for use in the transportation of an 
article or machine mentioned in sulxlivision one, two, three, < 
four of this section, or tampers with any such engine, car, vehid 
or vessel with intent to lessen its efficiency in the transportation • 
any such article, or with intent to hinder, delay, or obstruct ai 

309a 



Art. 134] MALICIOUS MISCHIEF [§§ 1435-1437 

military or naval operation of the United States or of the state 
of Xew York or of any foreign government allied with the United 

States; or 

6. Injures, destroys, obstructs, or tampers with any railroad, 
kighway, bridge, canal or river with intent to interfere with or 
delay the transportation of any article or machine mentioned iii 
section one, two, three, four or five of this section, or with intent 
to hinder, obstruct, or delay any military or naval operation of tho 
United States or of the state of Xew York or of any foreign gov- 
ernment allied with the United States ; or 

7. Unlawfully seizes or carries away or injures or destroys or 
ttmpers with any property with intent to hinder, obstruct, or delay 
•ny military or naval operation of the United States or of the 
itate of Xew York or of any foreign government allied with the 
Tnited States ; 

Is guilty of felony. (Added by L. 1918, eh. 337, in effect April 
J5,1918.) 

§ 1436. Conspiracy to violate the foregoing section. 

If two or more persons conspire to commit any of the acts made 

{pDnishable by the foregoing section, each of such persons is guilty 
tf felony. (Added by L. 1918, ch. 337, in effect April 25, 1918.) 






^ § 1437. Penalties for violations of the two foregoing sec- 
tions. 
The violation of either of the two foregoing sections is pimish- 

tble by imprisonment for a term of not less than five nor more than 

tt^enty-five years. (Added by L. 1918, ch. 337, in effect April 

25, 1918.) 



309b 



§§ 1450-1451] MARRIAGES [Art. 1 



ARTICLE 136. 

MARRIAGES. 

Section 1450. Solemnizing unlawful marriages. 

1451. Unlawful procurement of marriage license. 

§ 1450. Solemnizing unlawful marriages and unlawful s 
emnizing of marriages. 

A minister or magistrate who solemnizes a marriage when eitl 
of the parties is known to him to be under the age of legal couse 
or to be an idiot or insane person, or a marriage to which wit! 
his knowledge a legal impeiliment exists, or any person not auth 
ized by the laws of this state to perform marriage ceremonies w 
shall solemnize or presume to solemnize, with intent to decei' 
any marriage between any parties is guilty of a misdemeau 
Until a marriage has been dissolved or annulled by a proper t 
bunal or court of competent jurisdiction, any person who sb 
assume to grant a divorce, in writing, purporting to divorce hi 
band and wife and permitting them or either of them to lawfii 
marry again, shall be guilty of a misdemeanor punishable by fi 
for the first offense not exceeding five hundred dollars, and for t 
second offense one thousand dollars, or imprisonment not exce< 
ing one year, or both such fine and imprisonment. (Amended 
L. 1916* eh. 868, in effect Sept. 1, 1916.) 

Derivation: Penal Code, § 376, as amended L. 1893, ch. 461. 

§ 1451. Unlawful procurement of marriage license. 

A person who, having a husband or wife living, takes out a licei 
to marry another person, is guilty of a misdemeanor. The exc 
tions in section three hundred and forty-one of this chapter ; 
applicable to this section. (Added by L. 1916, ch. 482, in efl 
Sept. 1, 1916.) 



SIO 



Alt. 138] MARRIED WOMEN [§ 1460 



ARTICLE 138. 

BiARRiED womor. 

Sbction 1400. Pretence of husband no defense. 

[Article 138 repealed and { )460 renmnbered I lOOt br L. 1900. oh. 684. im 
cffert May 27, 1900.1 



311 



8§ 1470-1473] MEETINQfi [Art 140 



ARTICLE 140. 

MEETmOS. 

Section 1470. Disturbing lawful meetings. 

1471. Leaving state with intent to elude proviBions of thit article. 

1472. Witnesses' privilege. 

§ 1470. Disturbing lawful meetings. 

A person who, without authority of law, wilfully disturbs any 
assembly or meeting, not unlawful in its character, is guilty of a 
misdemeanor. 

DeriTationt Penal Code, § 448. 

People V. Barber (1893), 74 Hun, 368, 26 N. Y. Supp. 417; People ex rel. 
Taylor v. Seaman (1894), 8 Misc. 152, 29 N. Y. Supp. 329; see also People 
V. Judson, 11 Daly, 1, 82. 

§ 1471. Leaving state with intent to elude provisions of this 
article. 

A person who leaves the state, with intent to elude any pro- 
vision of this article, or to commit any act without the state, which 
is prohibited by this article, or who, being a resident of this state, 
does any act without the state, which would be punishable by the 
provisions of this article, if committed within the state, is guilty 
of the same offense and subject to the same punishment, as if the 
act had been committed within this state. 

DeriTationt Penal Code, § 461. 

§ 1472. Witnesses' privilege. 

No person shall be excused from giving evidence upon an in- 
vestigation or prosecution for any of the offenses specified in this 
article upon the ground that the evidence might tend to convict 
him of a crime. But such evidence shall not be received against 
him upon any criminal proceeding. 

DeriTationt Penal Code, § 469. 



8191 



Art 142] MILITARY [§§ 1480.14:'81 



ARTICLE 142. 



Section 1480. Depriving members of national guard of employment. 

1481. Discrimination against members of national guard. 

1482. Drugging person for enlistment. 

1483. Seizing military stores belonging to the state. 

1484. Converting military property; unlawfully wearing uniform; 

unlawful use of name of military or naval organization, 
or unit thereof. 

1485. Introduction of spirituous or malt liquors into arsenal or 

armory. 

1486. Unlawfully exacting toll of a member of the national guard. 

1487. Failure to respond to military duty. 

§ 1480. Depriving members of national guard of employ- 
ment 

A person who, either by himself or with another, wilfully de- 
prives a member of the national guard of his employment, or 
prevents his being employed by himself or another, or obstructs 
or annoys said member of said national guard, or his employer, 
in respect of his trade, business, or employment, because said 
memb^ of said national guard is such member, or dissuades any 
person from enlistment in the said national guard by threat of 
injury to him in case he shall so enlist, in respect of his employ- 
ment, trade, or business, is guilty of a misdemeanor. 

DeriTationt Penal Code, § 171b, added L. 1003, ch. 349. 

§ 1481. Discrimination against members of national guard. 

Xo association or corporation, constituted or organized for the 
purpose of promoting the success of the trade, employment, or 
business of the members thereof, shall by any constitution, rule, 
by-law, resolution, vote, or regulation, discriminate against any 
member of the national guard of the state cJ New York, bf^cause 
of such membership in respect of the eligibility of such member 
of the said national guard to membership in such association or 
corporation, or in respect of his right to retain said last men- 
tioned membership; it being the purpose of this section and the 
section immediately preceding to protect a member of the said 
national guard from disadvantage in his means of livelihood and 
liberty therein but not to give him any preference or advantage 
on account of his membership of said national guard. A person 
who aids in wiforcing any such provisions against a member of 

813 



§§ 1482-1485] MILITARY [Art. 1^2 

the said national guard with the intent to discriminate against him be« 
cause of such membership, Is guilty of a misdemeanor. 
Derivation: Penal Code, S 171c, added L. 1903, ch. 349. 

§ 1482. Drugging person for enlistment* 

A peison who administers any Qing or stupefying substance to another^ 
with the intent, while such person is under the influence thereof, to in- 
duce 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 misdemeanor. 

Derivation: Penal Code, § 447. 

§ 148S. 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. Conyerting nilHary property; unlawfully wearing nnfform; nn- 
lawful ose 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, as- 
sume, adopt or in any manner use the name of a regiment, battalion, bat- 
tery, 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 organiza- 
tion 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 organiza- 
tion, 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 or- 
ganization, 

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 de- 
fendant of not less than five d&ys, for an injunction to enjoin and restrain 
said actual or threatened violation; and if it shall appear to the satisfac- 
tion 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 
actual or threatened violation without requiring proof that any person has 
In fact been misled or deceived or otherwise injured thereby. (Amended by 
L. 1913, ch. 555, in effect May !«. 1913.) 

Derivation: Penal Code, § 674b, added L. 1894, ch. 551, § 2. 

S 1185. Introduction of spiritaous or malt llqnors Into arsenal or armory. 

Any person who introduces any wine, spirituous or malt liquors 
into any arsenal or armory, except when prescribed for medical 



/Lrt. 142] MILITARY [§§ 1486-1487 

purposes by a medical (^cer of the national guard, is guilty of 
a misdemeanor. 

DerlTation: 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. 

DwlTation: Penal Code, § 674d, 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 eases 
of emergency or necessity, is guilty of a misdemeanor. 

DerlTatioa: Penal Code, S 674e, added L. 1894, ch. 551, { 2. 



815 



I 1500] NAVIGATION [Art U 



ARTICLE 144. 

NAVIGATION. 

Baonoir 1600. Offenses against the navigation law. 

1500a. Sound of exhaust on gasoline motor boat to 1m muffled. 

1501. Unlicensed piloting. 

1502. Acting as port-warden without authority. 

1503. Using net or weir unlawfully in Hudson liTer. 
. 1504. Lights upon swing bridges. 

1505. Interfering with navigation. 

1506. Wilfully destroying vessel. 

1507. Fitting out or lading any vessel with intent to wreek th« san 

1508. Making false manifest. 

1509. Destroying invoice. 

1610. Motor boats to be provided with mufflers; ezcepttons. 

^ig 1600. Offenses against the navigation law. 

Any person having the charge, command or control of a steambo) 
or vessel who : 

1. Permits a line used for the purpose of landing or receiving pa 
sengcrs, to be attached in any way to the machinery of any steamboa 
or permits a small boat used for the purpose of landing or receivir 
passengers to be hauled by means of such machinery ; or, 

2. Carries or permits a steamboat to carry a greater number of pa 
sengers than is stated in the certificate of such steamboat issued und* 
the navigation law ; or, 

3. Wilfully violates any of the provisions of section eleven of tl 
navigation law, relating to the sailing rules ; or, 

4. Neglects to carry and show on a vessel the lights required 1 
section twelve of the navigation law ; or, 

5. Xeglects to carry on a vessel the life boats and life preserve 
required by sections fourteen and fifteen of the navigation law ; or, 

6. Neglects to carry on a vessel the steam fire pump required 1 
section thirteen of the na\'igation law; or, 

7. Intontionallv loads or obstructs or causes to be loaded or o 
structcd in any way the safety valve of the boiler of any steamboat • 
naptha launch, or employs any other means or device whereby tl 
boiler of such vessel may be subjected to a greater pressure than 
allowed by the inspectors^ certificate, or intentionally deranges or hi: 
dors the operation of any machinery or flevice employed to denote tl 
stage of the water or steam in any boiler or to give warning of a 
preaching danger, or intentionally i>ermits the water to fall below tl 
prescribed low water limit of the boiler; or, 

8. Acts or permits another person to act as officer of a vessel witho 
having the license required by section seventeen of the navigation la 
except as permitted l)y the provisions of section thirty of the navig 
tion law : or, 

f). V?es or pcrmiis to be used in lamps, lanterns or other lights, < 
a vesfiol, any oil which will not stonO. a fixe te?>l ol «lI V^?»\. \)cLT%fe Ym 
dred degrees Fahrenheit ; or, 3 16 



Art. 144] XAVIGATION [§ 1501 

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 busi- 
ness ; or, 

11. Xeglects 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 receiv- 
ing passengers or freight, or while lying at the docks or whan.'es 
thore<>f ; or, 

12. Violates any other provision of the navigation law for which 
no other punishment is prescribed, 

Is giiiltv of a misdemeanor, 

DeriTaticiL: Poiial Codt*, §§ 350a, 35!^), ad-dcd L. lf*97, ch. 584, §§ 1, 2. 

§ 1500a. Soimd of exhaust on gasoline motor boat to be 

muffled. 

A person who operates a boat, barge, vessel or other floating 
s'ni.ctiire, on Lake George, Ca;>niga and Seneca lakes, or on the 
(:t!ial system of the state as constructed or improved imder the pro- 
visions of chapter one hundred and forty-seven of the laws of nine- 
tfon hundred and three and amendatory acts and chapter three 
hundred and ninety-one of the laws of nineteen hundred and nine 
sinl amendatory acts, or upon, any of the lakes, rivers or streams 
n <1 in connection with sai<l 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 
enjGrine 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 com- 
peting 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 
Minset, when practicing or being tested for such a race. (Added 
Kv 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 vesstd (except barges, vessels under fifty-five tons burthen, 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 un- 

^ 317 



§§ 1502-1505] NAVIGATION [Art. 144 

der a coasting license, or 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. 

DeriTation: Penal Code, § 398, as amended L. 1882, eh. 384, S 1; Penal 
Ck>de, S 399. 

People V. Francisco, 10 Abb. Pr. 30; Francisco v. People, 4 Park, 139, 
18 How. Pr. 475; Henderson v. Spofford, 10 Abb. Pr. (N. S.) 140, 3 Daly. 
361; Comrs. of Pilots v. Pacific Mail SS. Co., 52 N. Y. 609; Stilwell v. 
Raynor, 12 How. (U. S.) 299; People v. Sperry, 50 Barb. 170. 

§ 1502. Acting as port- warden without authority. 

A person who not being a port-warden, assumes or undertakes to 
act as such, or undertakes the performance of any of the duties 
prescribed by law, as pertaining to the office of port-warden ; and 
a person who knowingly employs any other than the wardens for 
the performance of such duties, and a person who issues any cer- 
tificate of a survey on vessels, materials or goods damaged, with 
intent to avoid the provisions of any statute, is guilty of a misde- 
meanor. 

DeriTation t Penal Code. S 400. 

Tlnlrbam v. Tapscott (1858), 17 N. Y. 141; Curtln v. People (1882). 26 
Hun, 564, aff'd 89 N. Y. 621; see also Wardens v. Cartwright, 4 Sandf. 236. 

§ 1503. Using net or weir unlawfully in Hudson river. 

A person, who uses any net or weir for setting or attaching 
nets, or a pole or other fixture in any part of the Hudson river, 
except as permitted by statute, is guilty of a misdemeanor. 

DeriTation: Penal Code, § 433. 

§ 1504. Lights upon swing bridges. 

A corporation, company or individual, owning, maintaining or 
operating a swing bridge across the Hudson river, who during the 
navigation season between sundown and sunrise, neglects to keep 
and maintain uix)n every such bridge the lights required by law% 
is guilty of a misdemeanor. 

DeriTation: Penal Code, § 433a, added L. 1893, ch. 692, S 2. 

§ 1505. Interfering with navigation. ^ 

A person who throws, or causes, or permits to be thrown, from 
any boat, scow, or other vessel, or in any other manner, into any 
of the navigable waters of this state, including bays, sounds and 
harbors, any earth, ashes, cinders, stone, or other ma<terial, or who 
builds any structure therein, which will in any manner lessen the 
depth of such waters, or interfere with tihe free and safe navi- 
gation thereof, is guilty of a misdemeanor. 
J^eHvMtiout Penal Code. S 444. 

Sit 



Alt 144] NAVIGATION [§§1506^1509 

§ 1506. Wilfully destroying vessel. 

A person, who wrecks, bums, sinks, scuttles, or otherwise in- 
jures or destroys a vessel, or the cargo of a vessel, or wilfully 
permits the same to be wrecked, burned, sunk, scuttled, or other- 
wise, injured or destroyed, with intent to prejudice or defraud an 
insurer or any other person, is punishable by imprisonment for 
not more than five years. 
D«riT»tion; Penal Code, 2 575. 

§ 1507. Fitting out or lading any vessel with intent to wreck 
the same. 

A person who fits out any vessel, or who lades any cargo on 
board of a vessel, with intent to permit or cause the same to be 
wrecked, sunk or otherwise injured or destroyed, and thereby to 
defraud or prejudice an insurer or another person, is punishable 
by imprisonment in the state prison not exceeding ten years. 
DsrivatioB: Penal Code, g 576, as amended L. 1802, ch. 60?, § 18. 

§ 1508. Making false manifest. 

A person, guilty of preparing, making or subscribing, a false 
or fraudulent manifest, invoice, bill of lading, ship's register or 
pretest, with intent to defraud another, is punishable by imprison- 
ment in a state prison not exceeding three years, or by a fine not 
exceeding one thousand dollars, or both. 
D«riT»ti<ms Penal Code, § 577. 
Hatter of Sayles (1908), 40 Misc. 135, 17 N. Y. Cr. 234, 81 N. Y. Supp. 258. 

§ 1509. Destroying invoice. 

A person, who wilfully destroys or suppresses an invoice, bill 
of lading, or any other document, writing, or thing whatever, 
which tends to show the ownership of wrecked property, is guilty 
of a misdemeanor. 
DmnTAtioiu Penal Code, § 437. 

§ 1510. Motor boats to be provided with mufflers ; exceptions. 

It shall be unlawful to use a boat propelled in whole or in part 
by gas, gasoline or naphtha, or similar explosive medium, unless 
the same is provided with an under-w^ater exhaust or muffler so con- 
structed and used as to muffle in a reasonable manner the noise of 
the explosion. The provisions of this section shall apply only to 
tidal waters or the waters of this state wherein the tide ebbs and 
flows and shall not apply to boats competing in a race held under 
the direction of a duly incorporated yacht dub or racing associa- 
tion. Any person who operates a boat in violation of the provisions 
of this section shall Ik? guilty of a misdemeanor and punishable by 
a fine of not more than twenty-five dollars. (Added by L, 1911, 
oh. 840, m effect Sept. 1, 1911.) 

319 



J^ 1620-1521] NEGOTIABLE INSTRUMENTS [Art 146 



ARTICLE 146. 

NEGOTIABLE Of STRUMENT8. 

Sbotion 1620. Notes given for patent-rights. 

1621. Notes given for a speculative consideration. 

§ 1520. Notes given for patent-rights. 

A person who takes, sells or transfers a promissory note or other 
negotiable instrument, knowing the consideration of such note or 
instrument to consist in whole or in part, of the right to make, 
use or sell any patent invention or inventions, or any invention 
claimed or represented to be patented, without having the words 
" given for a patent-right " written or printed legibly and promi- 
nently on the face of such note or instrument above the signature 
thereto, is guilty of a misdemeanor. 

DeriTationt Penal Code, § 384m, added L. 1897, cb. 613. 

People v. Beattie (1904), 96 App. Div. 383, 89 N. Y. Supp. 193; People ex 
rel. Appel v. Zimmerman (1905), 102 App. Div. 103, 106, 92 N. T. Supp. 497. 

§ 1521. Notes given for a speculative consideration. 

A person who takes, sells or transfers a promissory note or order 
negotiable instrument, knowing the consideration of such note or 
instrument to consist in whole or in part of the purchase price 
of any farm product at a price greater by four or more times 
than the fair market value of the same product at the time in 
the locality, or in which the consideration shall be in whole or 
in part, membership of and rights in an association, company or 
combination to produce or sell any fann product at a fictitious 
rate, or of a contract or bond to purchase or sell any farm product 
at such rate, without having the words " given for a speculative 
consideration," or other words clearly showing the nature of the 
consideration prominently and legibly written or printed on the 
face of such note or instrument above the signature thereof, is 
guilty of a misdemeanor. 

DeriTationt Penal Code, § 384n, added L. 1897, ch. 618. 



Art. 148j NUISANCES [§ 1630 

ARTICLE 148. 

irUISANCES. 

UMcnov 1630. Public nuisance defined. 
1531. Unequal damage. 
1632. Maintaining nuisance. 
1533. Permitting use of building for nuisance; opium smoking. 

§ 1530. Public nuisance defined. 

A " public nuisance " is a crime against the order and economy 
of the state, and consists in unlawfully doing an act, or omitting 
to perform a duty, which act or omission : 

1. Annoys, injures or endangers the comfort, repose, health or 
safety of any considerable number of persons ; or, 

2. Offends public decency; or, 

3. Unlawfully interferes with, obstructs, or tends to obstruct, 
or renders dangerous for passage, a lake, or a navigable river, 
bay, stream, canal oi basin, or a stream, creek or other body of 
water which has been dredged or cleared at public expense, or a 
public park, square, street or highway ; or, 

4. In any way renders a considerable number of persons in- 
secure in life, or the use of property. 

BeriTationt Penal Code, § 3S5, subd. 3, as amended L. 1901, ch. 367. 

Brown ▼. Bowen (1864), 30 N. Y. 519; Irvine v. Wood (1872), 51 N. Y. 
224, arg 4 Robt. 138, 5 id. 482; Adams v. Popham (1879), 76 N. Y. 410; 
Clifford ▼. Dam (1880), 81 N. Y. 52, aff'g 44 N. Y. Super. 391; People ▼. 
Livingston (1882), 27 Hun, 105; Cain v. Syracuse (1883), 29 Hun, 105, aff*d 
95 N. Y. 83, 89; People v. Lochfelm (1886), 103 N. Y. 1, 4 N. Y. Cr. 159; 
Callanan v. Oilman (1889), 107 N. Y. 360, 1 Am. St. Rep. 83, mod'f'g 52 
N. Y. Super. 112; People v. Crounse (1889), 7 N. Y. Cr. 11, 51 Hun, 489, 4 
N. Y. Supp. 266; Flynn v. Taylor (1891), 127 N. Y. 599, aff'g 53 Hun, 167, 
6 N. Y. Supp. 96; People v. Kellog (1893), 67 Hun, 546, 22 N. Y. Supp. 490; 
Tinker ▼. N. Y., etc., & R. Co. (1898), 157 N. Y. 318, aff'd 92 Hun, 269, 36 
N. Y. Supp. 672; Eldert v. Long Island R. Co. (1898), 28 App. Div. 451, 51 
N. Y. Supp. 186, aff*d 165 N. Y. 651; People ex rel. Coclieu v. Dettmer (1898), 
26 App. Dir. 326, 49 N. Y. Supp. 877; City of Buffalo v. D., L. & W. R. Co. 
(1907), 190 N. Y. 84, rev*g 114 App. Div. 915; Johnson v. City of New 
York (1905), 109 App. Div. 821, 825, 96 N. Y. Supp. 754. 

Subd. 3.— Johnson v. City of New York (1906), 186 X. Y. 146; People 
V. Hoffman (1907), 118 App. Div. 862, 103 N. Y. Supp. 1000, 21 Crim. Rep. 
140; Fifth Ave. Coach Co. v. City of N. Y. (1908), 58 Misc. 405, 111 N. Y. 
Supp. 759; Melker v. City of New York (1908), 90 N. Y. 488; see also An- 
derson y. Rochester, etc., 9 How. 553; Chenango Bridge v. Lewis, 63 Barb. 
Ill; Conklin r. Phoenix Mills, 62 Barb. 299; People v. Cunningham, 1 Den. 
624; Hamilton t. N. Y. k H. R. Co., 9 Pai. 71; Harris v. Thompson, 9 Ba.r\s^ 
360; Htftx T. L, L B. Co., 13 Barb. 646; HutcMna \. SmVV:ti, ^^ ^^x\i. \\\^ 



§§ 1531-1533] NUISANCES [Art. 148' 

Knox V. New York, 56 Barb. 404; McCannis t. Citizens Gas Light Co., 40 
Barb. 380; Osborn v. Union Ferry Co., 63 Barb. 629; Phoenix ▼. Comrs. of 
Emigration, 12 How. 1; Renwick v. Morris, 3 Hill, 621, 7 Hill, 676; PeopU 
V. Sargeant, 8 Cow. 139; Thompson v. Allen, 7 Lans. 459; Wetmore t. 
Story, 22 Barb. 414; Wetmore v. Atlantic White Lead Co., 37 Barb. 70; 
State V. Burdetta, 73 Ind. 185, 38 Am. Rep. 117; Bagley v. People, 43 Mich. 
355, 38 Am. Rep. 192; In Re Binghampton Bridge, 3 Wall. 61. 

§ 1531. Unequal damage. 

An act which affects a considerable number of persons, in 
either of the ways specified in the last section, is not less a nui- 
sance because the extent of the damage is unequal. 

DeriTation: Penal Code, § 386. 

§ 1532. Maintaining nuisance. 

A person who commits or maintains a public nuisance, tl^ 
punishment for which is not specially prescribed, or who wilfully 
omits or refuses to perform any Tiegal duty relating to the re- 
moval of such a public nuisance, is guilty of a misdemeanor. 

DeriTation t Penal Code, § 387. 

Wasmer v. Railroad Co. (1880), 80 N. Y. 212, aff'g 3 Daly, 280; Simmons 
V. Everson (1891), 124 N. Y. 323; People v. Hoffman (1907), 118 App. Div. 
862, 103 N. Y. Supp. 1000, 21 Crim. Rep. 140; see also Syracuse, etc. R. Co., 
66 Barb. 25. 

§ 1533. Permitting use of building for nuisance; opium 
smoking. 

A person who: 

1. Lets, or permits to be used, a building, or a portion of a build- 
ing, knowing that it is intended to be used for committing or 
maintaining a public nuisance ; or, 

2. Opens or maintains a place where opium, or any of its prepa- 
rations, is smoked by other persons; or, 

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 smok- 
ing opium or its said preparations. 

Is guilty of a misdemeanor. 

DeriTation: Penal Code, § 388, as amended L. 1889, eh. 8. 

People V. Reed (1899), 46 App. Div. 626, 61 N. Y. Supp. 620; 14 N. T. 
Cr. 326; People v. Miller (1901), 63 App. Div. 11, 71 N. Y. Supp. 212; 
aJ»o State r. Ah Crew, 10 Nev. 60, 40 Am. Rep. 4%%. 



Art 160] OYSTEES [§§ 1550-1551 



ABTIOLE 150. 

OTSTEBS. 

Sicnoir 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. 

DeriTationt Penal Code, § 441. 

People V. Hazen (1890), 121 N. Y. 313, rev*g 5 N. Y. Supp. 337; People 
V. Lowndes (1892), 130 N. Y. 455, rev»g 66 Hun, 469, 8 N. Y. Supp. 908; 
we also McCarty v. Holraan, 10 N. Y. Week. Dig. 601. 

§ 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. 

BeriTationt Penal Code, § 442, as amended L. 1888, ch. 525. 



H 1560-1661] PASSAGE TICKETS lArt IM 



ARTICLE 16*. 

PASSAGE TIOKETS. 

SiBOTioif 1560. Ck>mpany defined. 

1661. Certain sales and exchanges of paasage tiekati prohibited. 

1562. Redemption of unused passage tickets. 

1563. Advertising as agent, without written authorization; falss or 

misleading information. 

1564. Issuance of order or other instrument securing passage by via* 

sel from foreign port to this state; what to contain. 

1565. Punishment for violation of two preceding seetiobs. 

1566. Street railroad transfer tickets not to be given away or sold. 

1567. Offices kept for unlawful sale of passage tickets declared dis- 

orderly houses. 

1568. Owners, pursers and clerks allowed to sell tickets. 

1560. Station masters, conductors and agents allowed to eell tiekets. 

1570. What must be stated in passage ticket. 

1571. Sale of tickets not filled out, a misdemeanor. 

1572. Soliciting the surrender of ticketB, a misdemeanor. 

§ 1560. Company defined. 

The term '^ company," as used in this article, includes all cor- 
porations, whether created under the laws of this state^ or of the 
United States, or of those of any other state or nation. 

DeriTfttioiLt Penal Code, S 627. « 

I 

§ 1561. Certain sales and exchanges of passage tickets pro- 
hibited. 

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 pas- 
senger 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 un- 
der a false representation as to the class of the ticket, whether 
immigrant or first-class; or, 

3. Directly or indirectly, by means of false representations, pur- 
obasea or receives from an immigrant passenger any such ticket; or, 

4'. Procures or solicits any such passenger having such a tickeity 
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 
TbrJr from a foreign country, beforo awc3[i ^«jae«sigsc \iAft VSXi ^^^ 

8S4 



Art. 152] PASSAGE TICKETS [§ 1662 

veesel on which he has arrived, or enters or goee on board any 
vessel arriving at the port of New York from a foreign country, 
having immigrant passengers on board, for the purpose of solicitr 
ing or booking such passengers, and a person or agent of a oor- 
poration employing any person for the purpose of booking such 
passengers before leaving the ship. 
Is guilty of a misdemeanor. 

DerlTationt Penal Code, § 626. 

§ 156S. Redemption of unused passage tickets. 

Every person who shall have purchased a passage ticket irom an 
authorized agent of a railroad company, which shall not have been 
used, or shall have been used only in part, may, within thirty 
days after the date of the sale of said ticket, present the same, 
unused or partly used, for redemption, at the general office of the 
railroad company which issued said ticket, or at the ticket office 
where said ticket was sold, or at the ticket office at the point to 
which the ticket has been used. If said ticket, wholly unused, 
shall be presented for redemption at the ticket office where sold, 
the same shall be then and there redeemed by the agent in charge 
of said ticket office at the price paid for said ticket. If said ticket, 
partly used, shall be presented for redemption at the ticket office 
where sold, or at the ticket office at the point to which used, the 
ticket agent at either of said offices, upon the delivery of said ticket, 
shall issue to the holder thereof a receipt, properly describing said 
ticket and setting forth the date of the receipt of said ticket, and 
the name of the person from whom received, and shall thereupon 
forthwith transmit said ticket for redemption to the general office. 
It shall be the duty of every railroad company to redeem tickets 
presented for redemption, as in this section provided for, promptly 
and within not to exceed thirty days from the date of presenta- 
tion at the general office or from the date of the aforesaid receipt. 
A wholly unused ticket shall be redeemed at the price ])aid there- 
for. A partly used ticket shall be redeemed at a rate which shall 
be equal to the differences between the price paid for the whole 
ticket and the cost of a ticket of the same class between the points 
for which said ticket was actually used. Mileage books shall be 
redeemed within thirty days after the date of the expiration thereof 
in the same manner. Every railroad company which shall wrong- 
fully refuse redemption, as in this section provided iox, ?Jcl^\\ 1^^- 
leittotbe aggrieved party ££ty dollars, which svffli XML'S \i^ iW5«^' 

325 



§§ 1663-1564] PASSAGE TICKETS [Art 152 

ered, together with the amount of redemption money to which the 
party is entitled, in an action in any court of competent jurisdic- 
tion, together with costs; but no such action can be maintained un- 
less commenced within one year after the cause of action accrued. 

Derivation: Penal Code, § 616, in part, as amended L. 1897, ch. 506, S 2. 
People V. Marcus (1905), 110 App. Dlv. 255, 260, 97 N. Y. Supp. 322. 

§ 1563. Advertising as agent, without written authoriza- 
tion; false or misleading information. 

Xo person issuing, selling or offering to sell any passage ticket 
or any instrument giving or purporting to give any right, either 
absolutely or upon any condition or contingency, to a passage or 
conveyance upon any vessel, or a berth or stateroom in any vessel, 
shall hold himself out to be or advertise himself in any way as the 
agent of the owners or consignees of such vessel or line, unless he 
has received authority in writing therefor, specifying the name of 
the company, line or vessel for which he is authorized to act as 
agent and the city, town or village, together with the street, and 
the street number in which his office is kept for the sale of tickets, 
and unless such written authorization is conspicuously displayed 
in such office. Provided that this section shall not apply to the 
sale of passage tickets on board any such vessel or to the offices of 
the actual owners or consignees of such vessel. Xo person issuing, 
selling or offering to sell or -holding himself out as being authorized 
to sell any such passage ticket or instiument giving or purix)rting 
to give any such right to passage or conveyance shall give or cause 
to be given any false or misleading information or shall print, 
publish, dis'tribute or circulate or cause to be printed, published, 
distributed or circulated any false or misleading advertisement, 
circular, circular letter, pamphlet, card, hand-bill or other printed 
paper or notice in regard to said passage, ticket or instrument or 
the j)a^sage or voyage to which it entitles or purports to entitle its 
owner, purchaser or holder or line over which, or the vessel for 
which such passage is sold or offered or as to his agency for such 
line or vessel. ( Am'd by L. 19.11, ch. 415, in effect Sept. 1, 1911. 

DeriTation: Penffl Code, § 616a, added L. 1907, ch. 546. 

§ 1564. Issuance of order or other instrument securing pas- 
sage by vessel from foreign port to this state; what to contain. 

Xo person agreeing to furnish or secure for any other person, 
for a considerati(m, passage by vessel from any foreign port to 
any {)ort in this state shall issue any advice, order, certificate or 
other instrument purporting to entitle one or more persons to a 
passage ticket or other evidence of a right of passage, unless every 
such advice, order , certificate or instrument shall be signed or 

326 



Art. 152] PASSAGE TICKETS [§§ 1565-1566 

oouutersigned by a duly appomtea agent as provided in section 
fifteen hundred and sixty-three, of the vessel or line over -which 
said advice, order, certificate or other instrument is held out to 
be good to secure such passage ticket or other evidence of a 
right of passage. Every such order, advice, certificate or other 
instniment and every receipt for money paid for or on account of 
any such advice, order, certificate or other instrument, shall con- 
tain a statement of the amount paid or to be paid for such pas- 
sage; the name, address and age of the person for whom intended; 
the name of the company or line, if any, to which the vessel on 
which passage is to be made belongs ; the place from which such 
passage is to commence ; the place where such passage is to termi- 
nate; the name of the person purchasing such advice, order, cer- 
tificate or other instrument, and such advice, order, certificate or 
other instrument must be signed by the person who issues it. 

DerlTAtiomi Penal Code, § 616b, added L. 1007, ch. 546. 



§ 1566. Punishment for violation of two preceding sections. 

Any person violating any of the provisions of section fifteen 
inndred and sixty-three, or fifteen hundred and sixty-four, shall 
be guilty of a misdemeanor and for a second or further violation 
shall be guilty of a felony. 

DeriTAtiomi Penal Code, § 616c, added L. 1907, ch. 546. 

§ 1566. [Am'd, 1909.] Street railroad transfer tickets not to 
be given away or sold. 

Xo transfer ticket or written or printed instrument giving, or 
purporting to give, the right of transfer to any person, from a pub- 
lic conveyance operated upon one line or route of a street surface, 
elevated or underground railroad to a public conveyance upon 
another line or route of a street surface, elevated or underground 
railroad, or from one car to another car upon the same line of 
street surface, elevated or underground railroad shall be issued, 
sold or given except to a passenger lawfully entitled thereto. Any 
j)er8on who shall issue, sell or give away such a transfer ticket or 
instrument as .aforesaid to a person not lawfully entitled thereto, 
and any person not lawfully entitled thereto who shall receive and 
use or offer for passage any such transfer ticket or instrument, or 
shall sell or give away such transfer ticket or inatrum^nX. \o ^iv- 
ath&r mtb intent to have such transfer ticket used or oftoT^^ lot 

327 



§§ 1567-lb70] PASSAGE TICKETS [Art. 152 

pAssage after the time limited for its use shall have expired, ahall 
be guilty of a misdemeanor. 

DeriTAtiomt Penal Code, § 619a, added L. 1898, ch. 663. 
Amended by L. 1909, ch. 204. In effect Sept. 1, 1909. 

§ 1567. Offices kept for unlawful sale of passage tickets de- 
clared disorderly houses. 

All offices kept for the purpose of selling passage tickets in 
violation of any of the provisions of this attiole, 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 
article, are punishable by imprisonment in a county jail for a 
period not exceeding six months. 

DeriTAtioii: Penal Code, § 621, as amended L. 1892, ch. 662, S 23. 

§ 1568. Owners, pursers and clerks allowed to sell tickets. 

The provisions of this article 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 ticket upon such 
vessel. 

DeriTatlons Penai Code, § 622. 

§ 1569. Station masters, conductors and agents allowed to 
sell tickets. 

The provisions of this article 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. 

DeriTationt Penal Code, § 623. 

§ 1570. What must be stated in passage ticket. 

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 pn tense 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 

&28 



Art 162] PASSAGE TICKETS [§ 1571 

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 com- 
mence, the place where such passage is to tenninate, the day of 
the mcmth and year upon which the voyage is to commence, the 
name of the person 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 
ressel, must be signed by their authorized agent. 

Dcrlvrntioiis P«n«l Code, S 624. 
Enright v. People, 21 How. Pr. 383. 

§ 1571. Sale of tickets not filled out, 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. 

DerivAtiom: Penal Code, { 625. 

J§ 1572. Soliciting the surrender of tickets a misdemeanor. 
Any hotel, boarding-house, lodging-house or restaurant owner, 
proprietor, manager, clerk or other employee or any runner, 
guide, porter or solicitor who solicits in any manner any immi- 
grant or steerage passenger inward or outward bound, having a 
railroad or steamship ticket, order or other instrument entitling 
or purporting to entitle such passenger to transportation or con- 
veyance on any 'railroad or steamship, to surrender such ticket, 
order or other instrument to such hotel, boarding-house, lodging- 
house or restaurant owner, proprietor, manager or other employee 
or to any runner, guide, porter or solicitor or any other person 
for the purpose of detaining any such immigrant or steerage 
passenger in any such hotel, boarding-house, lodging-house, or 
restaurant, shall be guilty of a misdemeanor, (Added by L. 1911, 
A. 540, m effeot Sept 1, 1911.) 



329 



§§ 1590-1592] PAWNBROKERS [Art. 154 



ARTICLE 154. 



8Kcnoif 1600. Pawnbroking without a license. 

1691. Refusing to exhibit stolen goods to owner. 
1592. Selling before time to redeem. 

§ 1590. Pawnbroking without a license. 

A person, who carries on the business of a pawnbroker, by receiv- 
ing goods in pledge for loans at a rate of interest above that allowed 
by law, except by virtue of a license from a municipal corpora- 
tion or other authority empowered to grant licenses to pawn- 
brokers, is guilty of a misdemeanor. 

D^riTAtiom Penal Code, § 353. 

§ 1591. Refusing to exhibit stolen goods to owner. 

A pawnbroker, or person carrying on the business of a pawn- 
broker, or a junk dealer, who having received any goods which have 
been embezzled or stolen, refuses or omits to exhibit them, upon de- 
mand, during the usual business hours, to the owner of said goods 
or his agent authorized to demand an inspection thereof, is guilty 
of a misdemeanor. 

DerlTations Penal Code, § 354. 

§ 1598. Selling before time to redeem. 

A pawnbroker who sells any article received hf him in pledge, 
before the time to redeem the same has expired, or who wilfully 
refuses to disclose the name of the purchaser and the price received 
by him for any article received by him in pledge, and subse- 
quently sold, is guilty of a misdemeanor. No pawnbroker shall 
transact any pawnbroking business or advance any moneys upon 
goods pawned or received excoi)t between the hours of seven o'clock 
a. m., and six o'clock p. m., on week days, excepting on Saturday, 
and then only between the hours of seven o'clock a. m., and 
twelve o'clock midnight, nor shall any business be transacted by 
pawnbrokers as such between the hours of twelve o'clock mid- 
night on Saturday and seven o'clock a. m. on Monday, and every 
violation of these prohibitions is a misdemeanor. 

Deriwrntiom Penal Code, f 355, as amended L. 1893, eh. 709. 

S30 



Art. 156] 



PEDDLERS 



[| 1610 



ARTICLE 156. 



SacnoiT 1610. Unlioaiaed peddlers. 

§ 1610. Unlicensed peddlers. 

A person who is found trading as a peddler without a license, 
or contrary to the terms of his license, or who refuses to pro- 
duce his license on demand of an- officer or citizen, is guilty of a 
misdemeanor. 

DMrlTmtiomt Penal Code, | 884e. added L. 1896> oh. 061. 



O'f i 



2 1620] PERJIIK^:, ETC. [Art. 168 



ARTICI.E 158. 

PEBJITRT AND SUBORNATION OF PBRJUBT. 

SiBonoN 1620. Perjury. 

1621. Irregularities in the mode of administering oaths no defenati 

1622. Swearing falsely in any form, perjury. 

1623. Incompetency of witness uo defense lor perjury. 

1624. Witness' knowledge of materiality of his testimony not necea* 

sary. 
1626. Making of deposition or certificate, when deemed complete. 

1626. Statement of that which one does not know to be true. 

1627. Contradictory statements under oath. 

1628. Summary committal of witnesses who have committed perjury. 

1629. Witnesses necessary to prove the perjury may De oouna over 

to appear. 

1630. Documents necessary to prove such perjury may be detained. 

1631. Witnesses* testimony. 

1632. Subornation of perjury defined. 

1633. Punishment of perjury and subornation of perjury. 

1634. Official interpreters of city court of city of New York. 

§ 1620. Perjury. 

A person who swears or affirms that he will truly testify, de- 
clare, depose, or certify, or that any testimony, declaration, depo- 
sition, certificate, affidavit or other writing by him subscribed, 
is true, in an action, or a special proceeding, or upon any hear- 
ing, or inquiry, or on any occasion in which an oath is required 
by law, or is necessary for the prosecution or defense of a pri- 
vate right, or for the ends of public justice, or may lawfully be 
administered, and who in such action or proceeding, or on such 
hearing, inquiry or other occasion, wilfully and knowingly tes- 
tifies, declares, deposes, or certifies falsely, in any material mat- 
ter, or states in his testimony, declaration, deposition, affidavit, 
or certificate, any material matter to be true which he knows to 
be false, is guilty of perjury. 

DeriTations Penal Code, § 96. 

Tuttle V. People (1807), 36 N. Y. 431; Wood v. People (1874), 59 N. 
Y. 117, rev^g 1 Hun, 381, 3 Th. & C. 606; People v. Christopher (1876), 4 
Hun, 805; Harris v. People (1876), 64 N. Y. 148, aflTg 4 Hun 1, 6 Th. & 
C. 206; Lambert v. People (1879), 76 N. Y. 220, 32 Am. Rep. 293; 6 Abb. 
N. C. 181, rev'g 14 Hun, 612; Dempsey v. People (1880), 20 Hun, 261; 
O'Reilly v. People (1881), 86 N. Y. 164, 40 Am. Rep. 626, rev'g 1 Hun, 
460, 3 Th. & C. 787; People v. Grimshaw (1884), 33 Hun, 605, 2 N. Y. Cr. 
390; People r. Courtney fl884), ^4 ^, X, 4^^-, Pfw^U v. St ..- 



Art. 15»3 PERJURY, ETC. [§ 1621 

(1884), 32 Hun, 41; People y. Bowe (1885), 3 N. Y. Cr. 149; 
People ▼. Dishler (1885), 38 Hun, 175, 4 N. Y. Cr. 188; Nathans 
▼. Hope (1885), 100 N. Y. 615, rev'g 5 Civ. Proc. Rep. 401; People 
▼. Bowe (1885), 34. Hun, 528, 3 N. Y. Cr. 159; Byrnes v. Byrnes (1886), 
102 N. Y. 4; Kane t. City of Brooklyn (1889), 114 N. Y. 591; People v. 
Williama (1896), 149 N. Y. 1, aff'g 92 Hun, 354, 36 N. Y. Supp. 511; 
Krauskopf t. Tallnum (1899), 38 App. Div. 273, 56 N. Y. Supp. 967; People 
T. Collins (1901), 57 App. Div. 257, 68 N. Y. Supp. 151; People v. Doody 
(1902), 172 N. Y. 166, 17 N. Y. Cr. 69, aff'g 72 App. Div. 372, 76 N. Y. Supp. 
606, 16 N. Y. Cr. 476; People v. Martin (1902), 77 App. Div. 396, 401, 
79 N. Y. Supp. 340, rev'g 38 Misc. 67, 69, affM 175 N. Y. 317;People ex 
rel. Madigan v. Sturgis (1905), 110 App. Div. 1, 2, 96 N. Y. Supp. 1046; 
People T. Elienbogen (1906), 114 App. Div. 184, 99 N. Y. Supp. 897, 20 Crim. 
Rep. 265; People t. Davis (1907), 122 App. Div. 569, 107 N. Y. Supp. 426, 
t,frd 191 N. Y. (memo.); People v. Tatum (1908), 60 Misc. 314; see also 
Dragle v. People, 10 Abb. N. C. 300; People v. Burden, 9 Barb. 467; Case 
V. People, 6 Abb. N. C. 152, 76 N. Y. 242; People v. ClemenU, 11 N. Y. St. 
384; Geston t. People, 4 Lans. 487, 61 Barb. 35; Gilbert's case, 1 City Hall 
Rec. 163; Johnson's case, 1 C. H. Rec. 21; People v. Lambert, 6 Abb. N. 
C. 181, 14 Hun, 612; People v. Link, 4 N. Y. Supp. 435, 6 N. Y. Cr. 185; 
People T. McKinney, 3 Park. 510; Merritt's case, 4 C. H. Rec. 58; People ex 
rel. Ostrander v. Chapin, 7 N. Y. St. 209, aff'd 105 N. Y. 309; Pendergrast 
case, 3 City Hall Rec. 11; Pratt v. Price, 11 Wend. 127; People v. Robert- 
son. 3 Wheel, Or. Cas. 183; Tomlinson's case, 4 City Hall Rec. 125; People 
V. Townsend, 5 How. Pr. 315; People v. Tracy, 9 Wend. 265; People v. 
Travis, 4 Park. 213; People v. Vail, 57 How. 81, 6 Abb. N. C. 206; Van 
Steenburgh v. Kortz, 10 Johns. 167;\Vickoir v. Humphrey, 1 Johns. 498; 
Wood's case, 4 City Hall Rec. 130; State v. Henderson, 90 Ind. 408; Com. 
V. Grant, 16 Mass. 17; State v. Terry, 30 Mo. 368; State v. Knox, 61 N. C. 
n!2; Com. v. Edison, 38 Alb. L. J. 337; Woods v. Ross, 29 Daily Reg. 26"; 
Wilson V. Nations, 5 Yerg. 211; Com. v. Brady, 5 Gray, 78; Reg. v. Sch?i5,- 
inger, 10 Ad. k El. (N. S.) 670. 



§ 1621. Irregularities in the mode of administering oaths no 
defense. 

It is no defense to a prosecution for perjury that an oath was 
administered or taken in an irregular inaiiiier. The tenn ** oath/' 
includes an affirmation, and every other mode authorized by law 
of attesting the tnith of that which is stated. 

DeriTstlomi Penal Code, § 97. 

People v. Cook (1853), 8 N. Y. 84, 14 Barb. 287: Case v. People (1879) 
76 N. Y. 242, rcv'g 14 Hun, 603; O'Reilly v. People (1881), 86 X. Y. 164,' 
rev'g 01 How. Pr. 3; People v. Nolte (1897), 19 Misc. 674, 44 N. Y. Supp! 
443, 12 N. Y. Cr. 252; Bee also Fryatt v. Linde, 3 Edw. 239-, SU\a n, C\«^ 
Chaigh, 92 Mo. S93, ^ 

83S 



§§ 1622-1625] PERJURY, ETC. [Art 158 

§ 1622. Swearing falsely in any form, perjury. 

A person swearing, affirming, or declaring, in any form, where 
an oath is authorized by law, is lawfully sworn, and is guilty of 
perjury, in a case where he would be guilty of the same crime, 
if he had sworn by laying his hand upon the Gospels. 

DerlTation: Code Civil Fro., § S51, as amended L. 1899, ch. 340. 

§ 1623. Incompetency of witness no defense for perjury. 

It is no defense to a prosecution for perjury that the defend- 
ant was not competent to give the testimony, deposition or cer- 
tificate of which falsehood is alleged. It is sufficient that he 
actually was permitted to give such testimony or make such depo- 
sition or certificate. 

DerlTatioii: Penal Code, § 98. 

Chamberlain v. People (1861), 23 N. Y. 85; People v. Bowe (1886), 34 
Hun, 528, 3 N. Y. Cr. 161; People v. Trumpbour (1892), 64 Hun, 346, 19 
N. Y. Supp. 331. 

§ 1624. Witness' knowledge of materiality of his testimony 
not necessary. 

It is no defense to a prosecution for perjury that the defend- 
ant did not know the materiality of the false statement made 
by him ; or that it 'did not in fact afiFect the proceeding in or for 
which it was made. It is sufficient that it was material, and 
might have affected such proceeding. 

DerlTation: Penal Code, § 99. 

Wood V. People (1874), 59 N. Y. 117, rev'g 1 Hun, 381, 3 Th. & C. 606; 
see also People v. Grimshaw, 20 Week. Dig. 116, 2 N. Y. Cr. 390. 

§ 1625. Making of deposition or certificate, when deemed 
complete. 

The making of a deposition or certificate is aeemed to be com- 
plete, within the provisions of this article, from the time when 
it is delivered by the defendant to any other person with intent 
that it bo uttered or published as true. 

DeriTatiomi Penal Code, 8 100. 

People V. WiJJJama fl896), 140 N. Y. 1, afT'g 02 Hun, 354, 36 N. Y. Supp. 
511: Kane v. City of Brooklyn (1880), \\^ ^. X. ^^\\ ^^avVi ^. Cy^^Uly, 
a J Mow. Pr. 3, rer'd S6 N. Y. 154; People v. AWen, ^ ^. X. %V. ^^1. 



&Tt 158] PERJURY, ETC. [§§ 1626-1629 

§ 1626. Statement of that which one does not know to be 

true. 

An unqualified statement of that which one does not know to 
be true is equivalent to a statement of that which he knows to 
be false. 

DcriTatiom: Penal Code, § 101. 






People V. Dishler (1886), 38 Hun, 175, 4 N. Y. Cr. 190; People v. Doody 
(1W2), 72 App. Div. 372, 383, 76 N. Y. Supp. 606, aff'd 172 N. Y. 166, 
16 N. Y. Cr. 479. 



§ 1627. Contradictory statements under oath. 

In any prosecution for perjury the falsity of the testimony or 
statement set forth- in the indictment shall be presumptively estab- 
lished by proof that the defendant has testified, declared, deposed 
or certified under oath to the contrary thereof in any other written 
testimony, declaration, deposition, certificate, affidavit or other 
Writing by him subscribed. 

I>eri¥atioii: Penal Code, § 101a. added L. 1906, ch. 324. 



1628. Summary conunittal of witnesses who have com- 
mitted perjury. 

Where it appears probable to a court of record that a person, 
who ha® testified before it in an action or proceeding in that court, 
M8 committed perjury in any testimony so given, the court may 
immediately commit him, by an order or process for that purpose, 
to prison, or take a recognizance, with sureties, for his appearing 
*nd answering to an indictment for perjury. 

Beriyatiom: Penal Code, § 102. 

People V. Hayes (1893), 140 N. Y. 484, 23 L. R. A. 830, aff'g 70 Hun, 111, 
U \. Y. Supp. 194. 

' § 1629. Witnesses necessary to prove the perjury may be 
bound over to appear. 

In a case specified in the last section, the court may bind over 
witnesees to establish the perjury, to appear at the proper court 
to testify before a grand jury, and also upon the trial, in case 
ID indictment is found for the perjury. It must cause immediate 
ootioe of any such commitment or recognizance, with the names of 

335 

00 



§§ 1630-1633] PERJURY, ETC. [Art. 158 

the witnesses so bound over, to be given to the district attomej 
of the county. 

DeriTatioii: Penal Code, § 103. 

People V. Stone (1884), 32 Hun, 41, 2 N. Y. Cr. 446; People ex i«L 
Gardiner v. Olmstead (1898), 25 Misc. 347, 66 N. Y. Supp. 472, 13 N. Y., 

Cr. 400. ' 

§ 1630. Documents necessary to prove such perjury may h% 
detained. 

In such a ease, if a paper or document, produced by eithar* 
party, is deemed by the court necessary to be used in the fvom^ 
cution for the perjury, the court may detain the same, and direct* 
it to be delivered to the district attorney. 

DeriTation: Penal Code, § 104. 

§ 1631. Witnesses' testimony. 

The sections of this chapter which declare that evidence ob- 
tained upon the examination of a person as a witness shall not 
be received against him in a criminal proceeding, do not forbid- 
such evidence being proved against such person upon any charge; 
of perjury committed in such examination. 

DeriTatiomt Penal Code, § 712. 

People V. Sharp (1887), 107 N. Y. 440, rev'g 45 Hun, 460. 

§ 1632. Subornation of perjury defined. 

A person, who wilfully procures or induces another to commit^ 
perjury, is guilty of subornation of perjury. 

DeriTationt Penal Code, § 105. 

People V. Evans (1860), 40 N. Y. 1; People v. Moett (1880), 23 Hua,. 
60; In re Eldridge (1880), 82 N. Y. 161; Stratton v. People (1880), Slj 
N. Y. 629; People v. Van Tassel (1898), 156 N. Y. 561, aff*g 26 App. D\< 
446, 60 N. Y. Supp. 63; McCoy v. Munro (1902), 76 App. Div. 436, 489, 
78 N. Y. Supp. 849; People v. Gagliardi (1908), 59 Misc. 656, 111 N. Y. 
Supp. 395. 

§ 1633. Punishment of perjury and subornation of perjury«> 

Perjury and subornation of perjury are each punishable all 

follows : j 

1. When the perjury is committed upon the trial of an indict^ 

ment for felony, by imprisonment ior a Xjerra. t^qX. ^^cft^Aixi^ twenty- 



lOOJ 



jrjjixwuxii, JLxv>. 



I S 10^4: 



2. In any other case, by imprisonment for a term not exceeding 
ten years. 

DeriTmtioms Penal Code, | 106, as amended L. 1892, ch. 662. 

People T. Hayes (1893), 140 N. Y. 484, aff'g 70 Hun, 111, 24 N. Y. Supp. 
104. 

§ 1634. Official interpreter of city court of city of New York. 

If an official interpreter of the city court of the city of New 
York, knowingly and wilfully, falsely interprets any evidence, 
matter or thing, between a witness and the court, or a justice 
thereof, in the course of an action or special proceeding, he is 
guilty of perjury. 

DmwhrmiUmt Coda Civil Pro., 8 334, as amended L. 1907, oh. 707. 



337 



§ 1650] POOR PERSONS [Art 



ARTICLE 160. 

POOR PEBSONS. 

SBonoif 1650. Unlawful removal of poor person. 

§ 1650. Unlawful removal of poor person. 

Any person who shall send, remove or entice to remove, or b 
or cause to be sent, removed or brought, any poor or indigent 
flon, from any city, town or county, to any other city, tow 
county without legal authority, and there leave such person fo 
purpose of avoiding the charge of such poor or indigent p( 
upon the city, town or county, from which he is so sent, rem 
or brought or enticed to remove, shall be guilty of a misdeme 
and on conviction, shall be imprisoned not exceeding six mo 
or fined not exceeding one hundred dollars, or both. 

DerlTfttioni Penal Code, § 676a, added L. 1896, ch. 560. 



SAB 



An 162] PKISONEKS [§§ 1690-1691 



ARTICLE 162. 

PRISONERS. 

•ktiok 1600. DeftnitionB. 

1G91. Communication with prisoners prohibitad. 

1692. Rescue of a prisoner. 

1693. Escaping prisonf^r may be recaptured. 

1694. Prisoner escaping. 

1695. Attempt to escape from state prison. 

1696. Aiding escape. 

1697. Suffering prisoner to escape. 

1698. Concealing escaped prisoner. 

§ 1600. Definitions. 

IMaiition of prison. — The term, " prison," as used in this 
«nicle> means any place designated by law for the Keeping of 
persons held in custody under process of law, or under lawful 
inest. 

Definition of prisoner. — The term, " prisoner," as used in this 
trticle, means any person held in custody under process of law, 
or under lawful arrest. 

DeHTationt Penal Code, §§ 92, 03. 

People V. Johnson (1887), 46 Hun, 607, 7 N. Y. Cr. 402, affM 110 N. Y. 
114; see also State v. Beebc, 13 Kans. 589; Com. v. Felbum, 119 Mass. 297. 

§ 1601. Communication with prisoners prohibited. 

A person who : 

1. Not being authorized by law visits any state prison, re- 
formatory, penitentiary, county jail or other place for the de- 
tention of persons convicted of crime or communicates with any 
jprisoner therein without the consent of the agent or warden, 
mperintendent, keeper, sheriff or other person having charge there- 
tf or without such consent brings into or conveys out of a state 
frison, reformatory, penitentiary, county jail or other place for 
fte detention of persons convicted of crime, any letter, informa- 

er writing to or from any prisoner ; or, 

2. Conveys into or takes from such prison, reformatory, peni- 
itiary, coim^ jail or other place for the detention of persons 
ivicted of crime, or who personally or through any other person 
persons gives^ ^Jls, furnishes or otherwise delivet^ \.o wv^ 

or priBonenf in cfastody any drug, liquor ox wo^ w^aAs 

389 



§§ 1692-1694] PRISONERS [Art, 162 

prohibited by law or by the rules of the superintendent, keepefi 
sheriff, board of managers or other person, or official having 
charge or control thereof, 
Is guilty of a misdemeanor. 

Derivation: Penal Code, § 1 GO, as amended L. 1893, ch. 692; L. 1901^ 
cb. 333. 

§ 1692. Rescue of a prisoner. 

A person who, by force or fraud, rescues a prisoner from law- 
ful custody, or from an officer or other person having him in 
lawful custody, is guilty of a felony, if the prisoner was held' 
upon a charge, commitment, arrest, conviction, or sentence d 
felony ; and if the prisoner was held upon a charge, arrest, conh 
mitment, conviction, or sentence for misdemeanor, the rescuer ii 
guilty of a misdemeanor. 

DeriTations Penal Code, S 82. 

Com. y. Filburn, 119 Mass. 297; State v. Murray, 16 Me. 100; People f 
Rathbun, 21 Wend. 508; People v. Rose, 12 Johns. 339; People y. Wm^ 
burn, 10 Johns. 160. 

§ 1693. Escaping prisoner nuiy be recaptured. j 

A prisoner, in custody under sentence of imprisonment for utA 
crime, who escapes from custody, may be recaptured and im 
prisoned for a term equal to that portion of his original 
of imprisonment which remained unexpired upon the day of 
escape. 

DeriTations Penal Code, § 84. 

Haggerty v. People (1873), 53 N. Y. 476; rey'g 6 Lana. 332; see 
Matter of Edwards, 25 Alb. L. J. 68. 

§ 1694. Prisoner e'^caping. 

A prisoner who, being confined in a prison, or being in lawfli 
custody of an officer or other person, by force or fraud eecaj 
from such prison or custody, is guilty of felony if such cu8t< 
or confinement is upon a charge, arrest, commitment, or convii 
tion for a felony ; and of a misdemeanor if such custody or coo* 
finenient is upon a charge, arrest, commitment or conviction for j| 
misdemeanor. 

Derivation: Penal Code, § 85. 

r^-nph V. Genet (1874), 59 N. Y. 80, 17 Am. Rep. 315; People v. Sharl 
{!87''), 1 Hun, 300; People v. Jobnaon <,Y%%1^, 4^ Yl>M[i, W\\ W^ '^. 



. xuisj jrxiiJ^uiMLiJto LS8 loyo-ioyi 



V. O'Brien (1889), 63 Hun, 30, 5 N. Y. Supp. 490; Matter of 
frne (1800), 55 Hun, 438, 8 N. Y. Supp. 676; People v. Sickles (1898), 
ipp. Div. 470, 50 N. Y.. Supp. 377, 13 N. Y. Cr. 138; People v. Flanigan 
03). 174 N. Y. 367, 17 Crim. Rep. 310; see also Warwick v. State, 73 
. 486, 49 Am. Rep. 69; People v. Redinger, 55 Cal. 290, 36 Am. Rep. 

M'Gowan v. People, 104 111. 100, 44 Am. Rep. 87; Sargent v. State, 
Ind. 93, 5 Crim. L. Mag. 709; Allen v. Georgia, 166 U. S. 138; Smith 
United States, 94 U. S. 97; Wilson v. Com., 10 Bush. 526, 19 Am. Rep. 

State V. Davis, 33 Am. Rep. 663. 

§ 168S. Attempt to escape from state prison. 

A prisoner confined in a state prison for a term less than for life, 
lo attempts by force or fraud, although unsuccessfully, to escape 
3m such prison, is guilty of felony. 

D«rivatio]ii Penal Code, § 86. 

§ 1696. Aiding escape. 

A person who, with intent to effect or facilitate the escape of a 
risoner, whether the escape is effected or attempted or not, enters 
prison, or conveys to a prisoner any information, or sends into 
prison any disguise, instrument, weapon, or other thing, is guilty 
f a felony, if the prisoner is held upon a charge, arrest, oommit- 
lent, or conviction for a felony; and of a misdemeanor, if the 
risoner is held upon a charge, arrest, commitment, or conviction 
»r a misdemeanor. 

A person who aids or assists a prisoner in escaping, or attempt^ 
ig to escape, from the lawful custody of a sheriff, or other 
ficer or person, is guilty of a misdemeanor, if the prisoner is 
dd under arrest, commitment, or conviction for a misdemeanor, 
r uj>on a charge thereof ; and of a felony if the prisoner is held 
nder an arrest, commitment, or conviction for a felony, or upon 
charge thereof. 

DertTatioas' Penal Code, §§ 87, 88. 

Westbrook v. New York Sun Assn. (1901), 58 App. Div. 662, aff'g 32 
Gk. 39, 69 N. Y. Supp. 266; People v. Buckley (1904), 91 App. Div. 686, 
TN. Y. Supp. 191, 18 Crim. Rep. 216; see also People v. Rose, 12 Johns. 
19; People v. Tompkina, 9 Johns. 70. 

g 1007. SufiFering prisoner to escape. 

A aherifF, or other oflBcer or person, who allows a prisoner, 
iwfully in his custody, in any action or proceeding, civil or 
riminaiy or in any prison under his charge or control, to eaoa^ 

841 



§ 1698] PRISONERS [Art IflB 

or go at large, except as permitted by law, or oonnives at or assists 
such escape, or omits an act or duty whereby such escape is occa- 
sioned, or contributed to, or assisted, is 

1. If he corruptly and wilfully allows, connives at or assists 
the escape, guilty of a felony ; 

2. In any other case, is guilty of a misdemeanor. 

An officer who is convicted of the offense specified in the finl 
subdivision of this section, foiftits his office, and is forever di» 
quaJified to hold any office, or place of trusty honor or profit 
under the constitution or laws of this state. 

DerlTAtioat Penal Code, S§ SO, 90. 

§ 1098. Concealing escaped prisoner. 

A person who knowingly or wilfully conceals, or harbors foi 
the purpose of concealment, a person who has escaped or is escap 
ing from custody, is guilty of a felony if the prisoner is hdi 
upon a charge or conviction of felony, and of a misdemeanor ii 
the person is held upon a charge or conviction of misdemeanor. 

D«rlTAtioat Penal Code, { 01. 

People y. Egner (1908), 176 N. Y. 419, 17 Grim. Rep. 894. 



342 



i_o tJ 



ARTICLE 164. 

PBIZE-FIOHTINO AND SPABBIH O. 

SicnoN 1710. Prize-fighting and sparring. 

1711. What constitutes a challenge. 

1712. Betting or stakeholding on fight. 

1713. Fight out of state. 

1714. Place of trial. 

1715. Apprehension of persons about to fight. 

1716. Witnesses' privilege. 

§ 1710. Prize-fighting and sparring. 

A person who, within this state, engages in, instigates, aids, 
encourages or does any act to further a contention, or fight, with- 
out weapons, between two or more persons, or a fight commonly 
called a ring or prize-fight, either within or without the state, 
or who engages in a public or private sparring exhibition, with 
or without gloves, within the state, at which an admission fee is 
charged or received, either directly or indirectly, or who sends 
or publishes a challenge, or acceptance of a challenge for such 
a contention, exhibition or fight, or carries or delivers such a 
challenge or acceptance, or trains or assists any person in training 
or preparing for such a contention, exhibition or fight, is guilty 
of a misdemeanor. 

DeriTAtioiit Penal Code, § 458, as amended L. 1896, ch. 301; L. 1000, 
ch. 270. 

People ▼. Johnson (1897), 22 Misc. 150, 49 N. Y. Supp. 382, 12 N. Y. 
Cr. 546; People v. Finucan (1903), 80 App. Div. 407, 17 N. Y. Cr. 254, 
90 N- Y. Supp. 029; see also People v. Fitzsimmons, 34 N. Y. Supp. 1102, 
69 N. Y. St. 191. 

§ 1711. What constitutes a challenge. 

Any words spoken or written, or any signs uttered or made 
to any person, expressing or implying, or intended to express or 
imply a desire, request, invitation or demand to engage in any 
fight, such as is mentioned in section seventeen hundred and ten, 
are to be deemed a challenge within the meaning of that section. 

DeriTAtioai Penal Code, § 459. 

People ▼. Barker, 2 Wheel. Car. Cas. 19; Barker ▼. People, 3 Cow. 88S, 
20 Johna. 457; Norton's Case, 3 City Hall Rec. 90; Wood's Case, 8 Ci^ 
Hall ]Rac. 189. 

848 



j}S 1712-1716] PRIZE FIGHTING, ETC. [Art 164 

§ 1712. Betting or stakeholding on fight. 

A person who bets, stakes, or wagers money or other property, 
upon the result of such a fight or encounter, or who holds or 
undertakes to hold money or other property so staked or wagered, 
to be delivered to or for the benefit of the winner thereof, is guilty 
of a misdemeanor. 

Derivation: Penal Code, $ 460. 

People ex rel. Collins v. McLaughlin (1908), 128 App. Div. 614. 

§ 1713. Fight out of state. 

A person who leaves the state, with intent to elude any pro- 
vision of this article, or to commit any act without the state, which 
is prohibited by this article, or who, being a resident of this state, 
does any act without the state, which would be punishable by the 
provisions of this article, if committed within the state, is guilty 
of the same offense and subject to the same punishmaat^ as if the 
act had been conmiitted within this state. 

Derivation: Penal Code, § 4G1. 

§ 1714. Place of trial. 

An indictment for an offense, specified in the last section/ may 
be tried in any county within the state. 

Derivation: Penal Code, § 462. 

§ 1715. Apprehension of persons about to fight. 

A magistrate having power to issue warrants in criminal cases, 
to whom it is made to appear that there is reasonable ground to ap- 
prehend that an offense specified in sections seventeen hundred 
and ten, seventeen hundred and twelve and seventeen hundred 
and thirteen is about to be commited mthin his jurisdiction, or 
by any person being within his jurisdiction, must issue his war- 
rant to a sheriff or constable, or other proper officer, for the 
arrest of the person so about to offend. Upon a person being 
arpcv^^ted and bronirbt l>efore him by virtue of the warrant, he 
must inquire into the matter, and, if it appears that there is 
reasonable ground to believe that the person arrested is about 
to commit any offense, the magistrate must require him to give 
a bond to the people of the state in such a sum, not exceeding one 
thousand dollars, as the magistrate may fix, either with or without 

344 



Ail. 1G4 



I^RIZE FIGHTIXG, ETC. 



[§ 1716 



sureNes in uis discretion, conditioned that such pei-son will not, 
for one year thereafter, commit any such offense. 

If the person arrested does not furnish a bond, within a time 
fixed by the magistrate, the later must commit him to the county 
jail, there to remain until discharged by a court of record having 
criminal jurisdiction. A person so committed may, at any time, 
be discharged upon a writ of habeas corpus, upon his executing 
the bond required by the committing magistrate. If the bond 
is required to be given with one or more sureties, the surety or 
sureties must be approved by the officer taking the same. 

DerlTAttoiit Penal Code, §§ 463, 464. 

People V. Johnson (1897), 22 Misc. 150. 49 N. Y. Supp. 382, 12 N. Y. 
Cr. 546. 



§ 1716. Witnesses' privilege, 

Xo person shall be excused from giving evidence upon an in- 
vestigation or prosecution for any of the offenses specified in this 
article, upon the ground that the evidence might tend to convict 
him of a crime. But such evidence shall not be received against 
him upon any criminal proceeding. 

Deriv^tioat Penal Code, § 469. 



§ 1740] PRIZE FIGHTING, ETC. [Art. 166 



ARTICLE 166. 

PUBLIC HEALTH. 

Section 1740. Wilful violation of health laws. 

1741. Obstructing health olTicer in performance of his duty. 

1742. Omitting to label drugs, or labeling them wrongl7. 

1743. Selling poison without labeling, and recording the sale. 

1744. krcua.,y .01' ViOiaLloQ of i»ublic heauU icW. 

1745. Kegulaiions a^ cO iJiebcnpcions of opium and morphine. 

1746. Sale of cocaine or eucaine, and regulations respecting their 

possession. 

1747. Careless distribution of medicines, drugs and chemicals. 

1748. Adulterated goods. 

1749. Adulteration of natural fruit juices. 

1750. Disposing of tainteil food. 

1751. Violations of agricultural law. 

1752. Having narcotics in possession. 
1763. Articles in imitation of food. 

1754. Putting noisome ^f unwholesome substances in highway. 

1755. Obstructing passage of ambulance. 

1756. Exposing person afTected witli a contagious disease in a public 

place. 

1756a. Disgraceful practices offending health and decency. 

1757. Spraying fruit trcrs with poisjon. 

1758. Contamination of salt wells. 

1759. Throwing gas tar or refuse into public waters. 

1760. Wilfully poisoning food. 

1761. Acts of intoxicatcNd physicians. 

1762. Misconduct of veterinary surgeons. 

1763. Illegal practice of embalming. 

§ 1740. Wilful violation of health laws. 

1. A person who wilfully violates or refuses or omits to comply 
with any lawful order or regulation prescribed by any local board 
of health or local health officer, is guilty of a misdemeanor. 

2. A person who wilfully violates any provision of the health 
laws, or any regulation lawfully made or established by any pub- 
lic officer or board under authority of the health laws the punish- 
ment for violating which is not otherwise prescribed by those 
laws, or by this chapter, is punished by imprisonment not ex- 
ceeding one year, or by a fine not exceeding two thousand dollars 
or bv both. 

DeriTation: Penal Code, § 307, as amended L. 1905, ch. 448. 

Regan v. Fosdick (1897), 19 Misc. 494, 43 N. Y. Supp. 1102; Robinson t. 
Supreme Commandery (1902), 38 Misc. 102, 77 N. Y. Supp. Ill; People 
r. VanFradenhuTgh (1903), 81 App. Div. 269, 80 N. Y. Supp. 884, 17 N. 
r. Cr. 268. 



Art 16ff] PRIZE FIGHTING, ETC. [§§ 174M742 

§ 1741. Obstructing health officer in performance of his duty. 

A person who wilfully opposes or obstructs a health oflScer or 
physician charged with the enforcement of the health laws, in 
performing any legal duty, is guilty of a misdemeanor. 

DeriTatioat Penal Code, § 396. 

Regan ▼. Fosdick (1897), 19 Misc. 489, 43 N. Y. Supp. 1102. 

§ 1742. Omitting to label drugs, or labeling them wrongly. 

Any person, who, in putting up any drug, medicine, or food 
or preparation used in medical practice, or making up any pre- 
scription, or filling any order for drugs, medicines, food or prepa- 
ration puts any untrue label, stamp or other designation of con- 
tents upon any box, bottle or other package containing a drug, 
medicine, food or preparation used in medical practice, or sub- 
stitutes or dispenses a different article for or in lieu of any article 
prescribed, ordered, or demanded, or puts up a greater or less 
quantity of any ingredient specified in any such prescription, 
order or demand than that prescribed, ordered, or demanded, or 
otherwise deviates from the terms of the prescription, order, or 
demand by substituting one drug for another, is guilty of a mis- 
demeanor; provided, however, that, except in the case of phy- 
isicians' prescriptions, nothing herein contained shall be deemed 
or construed to prevent or impair or in any manner affect the 
right of an apothecary, druggist, pharmacist or other person to 
recommend the purchase of an article other than that ordered, 
required or demanded, but of a similar nature, or' to sell such 
other article in place or in lieu of an article ordered, required 
or demanded, with the knowledge and consent of the purchaser. 
Upon a second conviction for a violation of this section the of- 
fender must be sentenced to imprisonment, for a term of not 
less than ten days nor more than one year, and to the payment 
of a fine of not less than ten dollars nor more than five hundred 
dollars. The third conviction of a violation of any of the pro- 
visions of this section, in addition to rendering the offender liable 
to the penalty prescribed by law for a misdemeanor; shall forfeit 
any right which he may possess under the law of this state at 
the time of such conviction, to engage as proprietor, agent, em- 
ployee or otherwise, in the business of an apothecary, pharmacist, 
or druggist, or to compound, prepare or dispense prescriptions 
or orders lor drugs, medicinea or foods or prepaxatioi^ \3A^ Va 



O J/V 



§ 1742] PUBLIC HEALTH [Art. 166 

medical practice; and the offender shall be by reason of such 
conviction disqualified from engaging in any such business as 
proprietor, agent, employee or otherwise or com()ounding, pre- 
paring or dispensing medical prescriptions or orders for drugs, 
medicines, or foods or preparations used in medical practice. 

This section shall not affect or impair any liability, penalty 
or punishment under th« provisions of section four hundred and 
one of the penal code as the same existed prior to September 
first, nineteen hundred and seven, but the same may be enforced, 
prosecuted or inflicted as fully and to the same extent as thou^ 
this section had not been passed ; and all actions civil or criminal 
instituted under or by virtue of said section as the same existed 
prior to July nineteenth, nineteen hundred and seven, and pend- 
ing immediately prior to September first, nineteen hundred and 
seven, may be prosecuted and defended to final effect in the same 
manner as though this section had not been enacted. 

The provisions of this section shall not apply to the practice 
of a practitioner of me<licines who is not the proprietor of a store 
for the dispensing or retailing of drugs, medicines and poisons, 
or who is not in the employ of such a proprietor, and »hall not 
prevent practitioners of medicine from supplying their patients 
with such articles as they may deem proper, and except as to 
the labeling of poisons shall not apply to the sale of medicines 
or poisons at wholesale when not for the use or consumption of 
the purchaser; provided, however, that the sale of medicines or 
poisons at wholesale shall continue to be subject to such regu- 
lations as from time to time may ])o lawfully made by the board 
of pharmacy or by any competent board of health. 

348 



DeriTation: P«nal Code, § 401, as amended L. 1905, ch. 442; L. 1907, 
eh. 649: Penal Code, § 403, added L. 1905, oh. 442; second paragraph ifi L. 
1907, ch. 649, § 2. 

§ 1743. Selling poison without labeling, and recording the 
sale. 

It shall be unlawful for any person to sell at retail or furnish 
any of the poisons named in the schedules hereinafter set forth, 
without aflSxing or causing to be affixed, to the bottle, box, vessel 
or package, a label containing the name of the article and the word 
** poison " distinctly shown, with tbe name and place of business 
of the seller, all printed in red ink, together with the name of 
fuch poisons printed or written thereupon in plain, legible char- 
acters, which schedules are as follows, to wit: 

Schedule A. Arsenic, cyanide of potassium, hydrocyanic acid, 
cocaine, morphine, strychnia and all other poisonous vegetable 
alkaloids and their salts, oil of bitter almonds, containing hydro- 
cyanic acid, opium and its preparations, except paregoric and 
such others aa contain less than two grains of opium to the ounce. 

Schedule B. Aconite, belladonna, cantharides, colchicum, co- 
nium, cotton root, digitalis, ergot, hellebore, herbane, Phyto- 
lacca, strophanthus, oil of tansy, veratnim viride and tlieir phar- 
riaceutical preparations, arsenical solutions, carbolic acid, chloral 
hydrate, chloroform, corrosive sublimate, creosote, croton oil, 
njineral acids, oxalic acid, paris green, salts of lead, salts of zinc, 
white hellebore or any drug, chemical or preparation which, ac- 
cording to standard works on medicine or materia medica, is 
liable to be deetnictive to adult human life in quantities of sixty 
grains or leee, and such other poisons as the state board of phar- 

349 



macy, under the authority given to it by the public health la' 
may from time to time add to either of said schedules. Eve: 
person who shall dispose of or sell at retail or f urni&h any poiso 
included under schedule A shall, before delivering the same, ma 
or cause to be made an entry in a book kept for that purpoj 
stating the date of sale, the name and address of the purchase 
the name and the quantity of the poison, the purpose for whi 
it is represented by the purchaser to be required and the nai 
of the dispenser, such book to be always open for inspection 
the proper authorities, and to be preserved for at least five yei 
after the last entry. He shall not deliver any of said pois( 
without satisfying himself that the purchaser is aware of 
poisonous character and that the said poison is to be used foi 
legitimate purpose. The foregoing portions of this section si 
not apply to the dispensing of medicines or poisons on physicia 
prescriptions. Wholesale dealers in drugs, medicines, phan 
ceutical preparations or chemicals shall aflfix or cause to be 
fixed to every bottle, box, parcel or outer enclosure of an origi 
package containing any of the articles enumerated under s 
schedule A, a suitable label or brand in red ink with the w 
" poison " upon it. 

Any person who violates any of the provisions of this seel 
shall be guilty of a misdemeanor. 

DeriTAtiont Penal Code, § 402, ag amended L. 1905, oh. 442. 

§ 1744. Penalty for violation of public health law. 

Any person who violates any provision of article eleven of 

350 



LOO 



public health law, for which ho other penalty is imposed, is guilty 
of a misdemeanor. 

Suffolk County v. Shaw (1897), 21 App. Div. 146, 47 N. Y. Supp. 349; 
People V. Rontey (1889), 6 N. Y. Cr. 249, 21 N. Y. St 175, 4 N. Y. Supp. 
235, aflTd 117 N. Y. 624. 

Deriration: Penal Code, § 404, added L. 1905, ch. 442. 

§ 1745. Regulations as to prescriptions of opium and mor- 
phine. 

[Repealed by L. 1918, ch. 639, in effect May 13, 1918.] 

§ 1746. Sale of cocaine or eucaine, and regulations respecting 
their possession. 

[Repealed by L. 1918, ch. 639, in effect May 13, 1918.] 

§ 1747. Careless distribution of medicines, drugs and chem- 
icals. 

Any person^ firm, or corporation, who distributes, or causes to 

be distributed, any free or trial samples of any medicine, drug, 

chemical or chemical compound, by leaving the same exposed upon 

the ground, sidewalk, porch, doorway, letter-boxes, or in any other 

manner, that children may become possessed of the same, shall be 

guilty of a misdemeanor punishable by a fine not exceeding 

twenty-five dollars for each offense, but this section shall not apply 

to the direct delivery of any such article to an adult. 

DerlvAtiont Penal Code. § 405b, added by L. 1903, ch. 494. 

§ 1748. Adulterated goods. 
A person who: 

1. With the intent that the same may be sold as unadulterated 

351 



1748] PUBLIC HEALTH [Art. 166 

or uiuliluted, adulterates or dilutes wine, milk, distilled spirits or 
malt liquor, or any drug, medicine, food or drink, for man or 
beast ; or, 

2. Knowing that the same has been adulterated or diluted, 

offers for sale or sells the same as unadulterated or undiluted, or 
without disclosing or informing the purchaser that the same has 

been adulterated or diluted, in a case where special provision has 

not been made by statute, for the punishment of the offense; or, 

3. SelU or offers to sell, or stores or transports with intent to 
sell for any purpose other than cooling beer in casks, ice cut from 
any canal or from the wide waters or basins of any canal, unless 
the ice so sold, or offered for sale or stored or transported, is con- 
tained in a building, cart, car, sleigh, float or receptacle upon 
which is plainly marked in roman or capital letters, not less than 
eight inches square, the words, " canal ice ; " or, 

4. Who shall adulterate maple sugar, maple syrup or honey, 
with glucose, cane sugar or syrup, beet sugar or syrup, or any 
other substance for the purpose of sale, or who shall knowingly 
sell or offer for sale maple sugar, maple syrup or honey that has 
been adulterated in any way ; or, 

5. Violates any provision of section three hundred and ninety 
of the general business law, relating to canned and preserved food. 

Is guilty of a misdemeanor. 

Derivation: Penal Code, § 407, as amended L. 1S89, ch. 141; Ia 1892, 
ch. 634; subd. 5, added L. 1806, ch. 551. 

Ptoplc V. Cipperlv ( 1885) . 101 N. Y. 634, 4 N. Y. Cr. 60, rev'g 37 Hun 324; Peo- 
ple V. ScliafTer ( 1886) , 41 Hun 23 ; People v. Kerin ( 1886) , 39 Hun 631 ; People v. 
Aroiifiburf; ( 1886) , 103 N. Y. 388, 105 N. Y. 123, rev*g 40 Hun 358, 4 N. Y. Cr. 
401; People V. Mjvhaney (1886), 41 Hun 26; People v. Kibler (1887), 106 N. Y. 
321 ; People v. West (1887), 106 N. Y. 293, aff'g 44 Hun 162; People v. Hill 

352 



Art. 166] PUBLIC HEALTH [§§ 1749-1750 

(1887), 44 Hun, 472; People v. Gillson (1888), 109 N. Y. 408: 
People V. Harris (1890), 123 N. Y. 70; People v. Hodnett (1893), 68 
Hun, 343, 22 N. Y. Supp. 809 ; People v. Girard ( 1895 ) , 146 N. Y., 106, aff*g 
73 Hun, 457, 26 N. Y. Supp. 272; People v. Fox (1896), 4 App. Div. 38, 38 N. 
Y. Supp. 635; People v. Kellina (1898), 13 N. Y. Cr. 134, 50 N. Y. Supp. 
653; People v. Bieeeeker (1901), 169 N. Y. 63, 69, 88 Am. St. Rep. 634, 
aTg. 58 App. Div. 391, 68 N. Y. Supp. 1067; Grossman v. Lurman (1902), 
171 N. Y. 329, aff'g 67 App. Div. 393, 68 N. Y. Supp. 311; People v. Wind- 
holz (1902), 68 App. Div. 652, 74 N. Y. Supp. 241; People v. Sheriff (1902), 
78 App. Div. 46, 79 N. Y. Supp. 783; People v. Laesser (1903), 79 App. 
DiT. 384, 79 N. Y. Supp. 470; see also People v. Bischoff, 14 N. Y. St. 681; 
People V. Eddy, 12 N. Y. Supp. 628; People v. Fulle, 12 Abb. N. C. 196, 
1 N. Y. Cr. 172; People v. Meyer, 60 N. Y. Supp. 416; Com. v. Evans, 132 
Mass. 11; Butler v. Chambers, 36 Minn. 69; State v. Addington, 77 Mo. 
110; SUte V. Ah Crew, 76 Nev. 60, 40 Am. Rep. 488; State v. Marshall, 
64 N. H. 549, 1 L. R. A. 51; State v. Smyth, 14 R. I. 100. 61 Am. Rep. 
344; Com. v. Powell, 127 U. S. 678. 

§ 1749. Adulteration of natural fruit juices. 

Any person who shall knowingly sell, offer or expose for sale, or 
give away, any compound or preparation composed, in whole or in 
part, of any unwholesome, deleterious or poisonous acid, or other 
unwholesome, deleterious or poisonous substance, as a substitute 
for the pure, unadulterated and unfermented juice of lemons, 
limes, oranges, currants, grapes, apples, peaches, plums, pears, ber- 
ries, quinces, or other natural fruits, representing such .compoimd 
or preparation to be the pure, unadulterated and unfermented juice 
of any of such fruits ; or who, in the mixing, decoction, or prepa- 
ration of food or drink, shall knowingly use any such compound 
or preparation in the place of, or as a substitute for, the pure, 
iinadulterated and unfermented juice of one or more of such 
fruits, shall be guilty of a misdemeanor, and, upon conviction, 
shall be punished by a fine of not more than two hundred and 
fifty dollars, or by imprisonment for not more than six months, 
or by both such fine and imprisonment. 

BeHTAtioat Penal Code, § 407a, added L. 1890, ch. 343. 

§ 1750. Disposing of tainted food. 

A person who with intent that the same be used as food, drink, 
or medicine, sells, or offers or exposes for sale, any article what- 
ever which, to his knowledge, is tainted or spoiled, or for any 
cause unfit to be used as such food, drink, or medicine, is guilty 
0^ a misdemeanor. 

JhHwmtiami PcdaI Code, § 408. 

353 



§§ 1761-1753] PUBLIC HEALTH [Art 166 

Qoodrich v. People (1869), 19 K. Y. 574; People ▼. Parker (1868), 38 
N. Y. 85; Hartman t. Sun Printing & Pub. Assoc. (1902), 74 App. Dir. 
282, 284, 77 N. Y. Supp. 538; People v. Beaman (1905), 102 App. Dir. 151, 
92 N. Y. Supp. 295, 19 Crim. Rep. 87. 



§ 1751. Violations of the agricultural law. 

Any person who disregards, disobeys or violates any proclama- 
tion, notice, order or regulation, lawfully issued or prescribed by 
the commissioner of agriculture, for the suppression or prevention 
of the spread of infectious or contagious diseases among domes- 
tic animals, or who violates any of the provisions of sections 
three hundred and three hundred and four of the agricultural law, 
is guilty of a misdemeanor. 

DeriTatioat Penal Code, $ 408a, added L. 1893, ch. 692, amended L. 
1894, ch. 426; L. 1897, ch. 554. 

People V. Piat (1897), 19 Misc. 131, 43 N. Y. Supp. 231; People y. Armour 
(1897), 18 App Div. 584, 46 N. Y. Supp. 317; People ▼. Beaman (1905), 
102 App. Div. 1151, 02 N. Y. Supp. 295, 19 Grim. Rep. 87. 

§ 1752. Having narcotics in possession. 

1. A person, other than a duly licensed physician or surgeon 
engaged in the lawful practice of his profession, who has in his 
possession any narcotic or ansesthetic substance, compound or prep- 
aration, capable of producing stupor or unconsciousness, with 
intent to administer the same or cause the same to be administered 
to another, without the latter's consent, unless by direction of a 
duly licensed physician, is guilty of a felony, punishable by im- 
prisonment in the state prison for not more than ten years. 

2. The possession by any person, other than as exempted in 
the foregoing subdivision, of any such narcotic or anaesthetic sub- 
stance or compound, concealed or furtively carried on the person, 
is presumptive evidence of an intent to administer the same or 
cause the same to be administered in violation of the provisions 
of this section. 

DeriTation: Penal Code, § 412, added L. 1897, eh. 42. The original Mo- 
tion 412 was repealed L. 1882, ch. 544. 

§ 1753. Articles in imitation of food. 

A person, who sells or manufactures, exposes or offers for sale 
M8 an article of food, any substance m im\\At\0TL \3[i^s^ol^ ^tkout 



An V'] ' fvll:-: health [§§ 1754-1730-a 

disclosing tlie imitation by a suitable and plainly visible mark or brand, 

is ffuilty of a misdemeanor. 
DeriTatioiit Penal Code, § 430. 

§ 1754. Putting noisome or unwholesome substances in high- 
way. 

A person, who deposits, leaves or keeps, on or near a highway or 

route of public travel, eitiier on the land or on the water, any noisome 

or unwholesome substance, or establishes, maintains or carries on, upon 

or near a public highway or route of public travel, either on the land 

or on the water, aiiy business, trade or manufacture which is noisome 

or detrimental to puplic health, is guilty of a misdemeanor, punisliable 

by a fine of not less than one hundred dollars, or by imprisonment not 

less than three nor more than six months, or both. 
Derivatioii: Penal Code, § 431. 

§ 1755. Obstructing passage of ambulance. 

A person, who wilfully stops or obstructs the passage of any am- 
bulance or vehicle used for the transportation of sick or wounded per- 
sons or animals upon any public street, highway or place, or who wil- 
fully injures the same, or wilfully drives any vehicle into collision 
tnerewith, is guilty of a misdemeanor. All sheriffs, constables and 
police officers must, when called upon by the persons in charge of such 
ambulance or vehicle, aid in placing sick or wounded persons or animals 

therein, ard in enforcing the provisions of this section. 
BeriTatioax Penal Code, § 432. 

§ 1756. Exposing person affected with a contagious disease 
in a public place. 

A person, who wilfully exposes himself or another, affected with any 
contagious or infectious" disease, in any public place or thoroughfare, 
except upon his necessary removal in a manner not dangerous to the 
public health, is guiltv of a misdemeanor. . 

DeriTation: Penal Code, § 434. 

Matter of Boyce (1004), 43 Misc. 297, 88 X. Y. Supp. 841. 

§ 1756-a. Disgraceful practices offending health and decency. 

A person who exhibits himself or another in public, and invites, 
solicits or allows others to throw or release a ball or other article at his 
head or other portion of his body, or the head or body of another, for 
compensation, reward or othenvise, or publicly engages in or takes any 
part in a game cominonly known as " ball dodger," for a consideration 
or othorwi?e, or employs a person for ^uch purpose, or at such place 
or places, for himself, or for another, invites, solicits or allows others 
to throw a ball or otber article, to release a spring or other object or 
device whereby a person is tin own from a distance to a body of water 
or any receptacle, or commits any act or acts whereby any race of citi- 
zens of this state is held up to contempt or ridicule, is guilty of a iiii.s- 
dencanor, punishable by a fine of not more than five hundred nor less 
tlian one hundred dollars, or by imprisonment for a torm of not more 
than ore year or less than throe months, or both. (Added by L. 1917, 
cu 4n, in tffect Mav 14, l!)i:.) 

355 



§§ 1757-1760] PUBLIC HEALTH [Art. 1G6 

§ 1757. Spraying fruit trees with poison. 

Any person who shall spray with, or apply in any way poison or any 
poisonous substance, to fruit trees while tlie same are in blossom, is 
guilty of a misdemeanor, punishable by a fine of not less than ten 
dollars nor more than fifty dollars for eacli offense; provided, however, 
that nothing in this section shall prevent the directors of the experi- 
mental stations at Ithaca and Geneva from conducting experiments 
in the application of poison and spraying mixtures to fruit trees while 
in blossom. 

DeriTatioiit L. 1898, ch. 325, 

§ 1768. Contamination of salt wells. 

A person who wilfully places, introduces or causes to flow or 
enter into any spring, brook or body of water, which is used in 
the manufacture of salt, or into any salt well, or salt mine, or 
into any cavity or reservoir beneath the surface of the earth from 
which salt or brine is taken or used in the manfacture of salt, 
any impure or deleterious substance or thing whatsoever, which 
is liable to pollute the waters thereof, or the brine or salt taken or 
manufactured therefrom, provided that this act shall not inteir- 
fere with any existing system of drainage or sewerage, is punish- 
able by imprisonment in a penitentiary or state prison for not 
more than five years or by a fine of not more than two thousand 
dollars, or by both such fine and imprisonment. 

D«rlTAticnit Penal Code, S 447e, added L. 1901, ehJ{28. 

§ 1750. Throwing gas tar or refuse into public waters. 

A person, who throws or deposits gas tar, or the TOfuse of a 
gas house or gas factory, or offal, refuse, or any other noxious, 
offeoisive, or poisonous substanoe into any public waters, or into 
any sewer or stream running or entering into such public waters, 
is guilty of a misdemeanor. 

DerlTatioat Penal Code, S 300. 

Mayor, etc. t. Furgueeon (1881), 23 Hun, 594. 

§ 1780. Wilfully poisoning food. 

A person who wilfully mingles poison with any food, drink 
or medicine, intended or prepared for the use of hu- 
man beings, and a person who wilfully poisons any spring, well 
or reservoir of water, is punishable by imprisonment in a state 
prison not exceeding ten years, or in a county jail not exceeding 

850 



Art 166] PUBLIC HEALTH [§§ 1761-1763 

one year, or by a fine not exceeding five hundred dollars, or both 
such fine and imprisonment. 

DariTations Penal Code, f 358. 

§ 1761. Acts of intoxicated physicians. 

A physician or surgeon, or person practicing as such, who, 
being in a state of intoxication, administers any poison, drug or 
medicine, or does any other act as a physician or surgeon, to 
another person, by which the life of the latter is endangered, or 
his health seriously affected, is guilty of a misdemeanor. 

Derivations Penal Code, { 357. 

§ 1762. Misconduct of veterinary surgeons. 

A person who presents to a county clerk for registration as 
a practitioner of veterinary medicine or surgery any diploma or 
certificate fraudulently obtained or practices veterinary medicine 
and surgery without complying with or contrary to law, is guilty 
of a misdemeanor. This section shall not be constructed to pro- 
hibit students from prescribing under the supervision of pre- 
ceptors, or to prohibit gratuitous services in case of emergency, 
or the services of an authorized practitioner of a neighboring state 
when incidentally called into requisition. 

Derivation: Penal Code, § 356, added L. 1S93, ch. 692. 

People V. Nyce (1884), 3 N. Y. Cr. 50, 34 Hun, 298; Wiel v. Cowles (1887), 
45 Hun, 307; People v. Fulda (1889), 62 Hun, 66, 4 N. Y. Supp. 946, 7 
N. Y. Cr. 1, 4, note, 4 N. Y. Cr. 139. 

§ 1763. Illegal practice of embalming. 

Any person violating any provision of section two hundred 
and ninety-eight of the public health law, or any of the nile^ 
and regulations in reference to the biisinees and practice of em- 
balming human dead bodies, made and duly, approved as by 
article fourteen of said public health law prescribed, is guilty of 
a misdemeanor. 

DeHTation: L. 1898, ch. 666, § 10. 



§§ 1780-1782] PUBLIC JUSTICE [Art 168 



ARTICLE 168. 

PUBLIC JUSTICE. 

Section 1780. Disclosure of deposition taken by a magistrate. 

1781. Disclosure of depositions returned by grand jury with present- 

ment. 

1782. Disclosing fact of indictment having been found. 

1783. Grand juror disclosing what transpired before the grand jury. 

1784. Stenographer disclosing evidence taken before gprand jury. 

1785. Instituting suit in false name. 

1786. Maliciously procuring search warrant. 

1787. Combinations to resist execution of process. 

1788. Re-confining person discharged upon writ. 

1789. Concealing persons entitled to writ of deliverance. 

1790. Liquors not to be sold in court-house during court. 

I 1791. Bringing liquors into or selling within jails prohibited. 

1792. Misconduct of officer having charge of jurors. 

§ 1780. Disclosure of deposition taken by a magistrate. 

A magistrate or clerk of any magistrate who wilfully permits 
any deposition taken on an examination of a defendant before 
such magistrate, and remaining in the custody of such magis- 
trate or clerk, to be ilispected by any person, except a judge 
of a court having jurisdiction of the offense, the attorney-general, 
the district attorney of the county and his assistants, the com- 
plainant and his counsel, and the defendant and his counsel, is 
guilty of a misdemeanor. 

Derivation: Penal Code, § 145, as amended L. 1888, ch. 146. 

§ 1781. Disclosure of depositions returned by grand jury 

with presentment. 

A clerk of any court who wilfully permits any deposition re- 
turned by a grand jury and filed with such clerk, to be inspected 
by any person, except the court, the deputies or assistants of such 
clerk, and the district attorney and his assistants, until after the 
arrest of the defendant, is ^lilty of a misdemeanor. 

Derivation: Penal Code. § 146. 
Smith V. Botens, 13 N. Y. Supp. 224. 

/ 1782. Disclosing fact of indictment having been found. 
A judge, grand juror, district attorney, d<iTt, ot o^^t ^&^Bt^ 

358 



Art. 168] PUBLIC JUSTICE [§§ 1783-1786 

who, except in the due dischar^ of his official duty, disdoees, 
before an act^used person is in custody, the fact of an indictment 
having. been found or ordered against him, is guilty of a mis- 
demeanor. 

Derivations Penal Code, f 156. 

§ 1783. Grand juror disclosing what transpired before the 
grand jury. 

A grand juror who, except when lawfully required by a court 
or oflSoer wilfully discloses: 

1. Any evidence adduced before the grand jury; or, 

2. Anything which he himself or any other member of the 
grand jury said, or in what manner he or any other grand juror 
voted, upon any matter before them, 

Is guilty of a misdemeanor. 

Derivation: Penal Code, § 157. 

People V. Steinhardt (1905), 47 Misc. 252, 256, 93 N. Y. Supp. 1026. 

§ 1784. Stenographer disclosing evidence taken before grand 
jury. 

A stenographer appointed to take testimony given before a 
grand jury who permits any person other than the district attor- 
ney to take a copy of such testimony or of any portion thereof 
or to read the same or any portion thereof, except on the written 
order of the court, is guilty of a misdemeanor. 

Derivation: Penal Code, § 157a, added L. 1893, ch. 692. 
People V. Steinhardt (1905), 47 Misc. 257, 93 N. Y. Supp. 1026. 

§ 1785. Instituting suit in false name. 

A person who institutes or prosecutes an action or other pro- 
ceeding in the name of another without his consent and contrary 
to the statutes, is guilty of a misdemeanor, punishable by im- 
prisonment not exceeding six months. 

Derivationi Penal Code, S 158. 

People V, Schermerhorn (1908), 59 Misc. 149, 112 N. Y. Supp. 222. 

§ 1786. Maliciously procuring search warrant 

A peTBon who malicioualy, and without probaiSaV^ ca.\3La^^ ^gso- 



|§ 1787-1788] PUBLIC JUSTICE [Art. 1« 

cures a search warrant to be issued and executed, is guilty of a 
misdemeanor. 

DeriTationi Penal Code, f 169. 



§ 1787. Combinations to resist execution of process. 

A person, who enters into a combination with another to re- 
sist the execution of any legal process, or other mandate of a 
court of competent jurisdiction, under circumstances not amount- 
ing to a riot, is guilty of a misdemeanor. 

A person who leaves the state, with intent to elude any pro- 
vision of this section, or to commit any act without the state, 
which is prohibited by this section, or who, being a resident of 
this state, does any act without the state, which would be punish- 
able by the provisions of this section, if committed within the state, 
is guilty of the same offense and subject to the same punishment, 
as if the act had been committed within this state. 

No person shall be excused from giving evidence upon an in- 
vestigation or prosecution for any of the offenses specified in this 
section upon the ground that the evidence might tend to convict 
him of a crime. But such evidence shall not be received against 
him upon any criminal proceeding. 

Derivation t First par. Penal Code, § 457; second par. Penal Code, S 461; 
third par. Penal Code, § 469. 

§ 1788. Re-confining person discharged upon writ 

A person, who either solely, or as a member of a court, or in the 
execution of a judgment, order or process, knowingly re-commits, 
imprisons or restrains of his liberty, for the same cause, any per- 
son who has been discharged from imprisonment upon a writ of 
habeas corpus, or certiorari, is guilty of a misdemeanor, punish- 
able by a fine not exceeding one thousand dollars or by imprison- 
ment not exceeding six months, or both; and in addition to the 
punishment prescribed therefor, he forfeits to the party aggrieved, 
one thousand two hundred and fifty dollars to be recovered in a 
civil action. 

Derivation t Penal Code, § 370. 

Matter of Felton, 16 How. Pr. 303; Yates' Case, 3 jrohna. 318» 6 Jolma. 
437; Matter of Fitz, 94 Mo. 206, 27 Am. Hep. 21S; Matter oi Crow, eO 
fr/s. 349, 30 Alb. L, J. 210. 

800 



AiL 168] PUBLIC JUSTICE [§§ 1789-1792 

§ 1789. Concealing persons entitled to writ of deliverance. 

A person having in his custody or power or under his re- 
strainty one who would be entitled to a writ of habeas corpus 
or certiorari, or for whose relief a writ of habeas corpus or cer- 
tiorari has been issued who, with intent to elude the service of 
duch writ, or to avoid the effect thereof, transfers the party to the 
custody, or places him under the power or control of another, or 
conceals or changes the place of his confinement^ or who without 
lawful excuse refuses to produce him, is guilty of a misdemeanor, 
punishable as prescribed in the last section. 

DeriTatlon: Penal Code, f 3S0. 
Rising V. Dodge, 2 Duer, 42. 

§ 1700. Liquors not to be sold in court-house during court* 

Strong,spirituous, or fermented liquor, or wine, shall not, on 
any pretense whatever, be sold within a building established as a 
court-house for holding courts of record, while such a court is 
sitting herein. A person violating this section is guilty of a 
misdemeanor. 

DeriTatloBt Code of Civ. Proc, SS 32, 33. 

§ 1701. Bringing liquors into or selling within j.aili pro- 
hibited. 

A person who brings into or sells in a jail, strong, spirituous, 
fermented, or other liquor, or wine, contrary to the provisions of 
sections three hundred and forty-nine or three hundred and fifty 
of the prison law ; or a sheriff, keeper of a jail^ assistant keeper, 
or an officer, or person employed in or about a jail, who knowingly 
suffers liquor or wine to be sold or used therein, contrary to either 
of said sections, is guilty of a misdemeanor, and shall be punished 
accordingly. A conviction also operates as a forfeiture of his 
office. 

DeriTatloms Code Civ. Proc., § 130. 

§ 1702. Misconduct of officer having charge of jurors. 

An officer to whose charge any juror is committed by a court or 
magistrate, who negligently or wilfully permits such juror, with- 
out leave of the court or magistrate : 

1. To receive any communication from any person; or, 

2. To make any communication to any person.) ot^ 



$ 1792] PUBLIC JUSTICE [Art. 188 

3. To obtain or receive any book or paper, or refreshment ; or, 

4. To leave the jury room, 
Is guilty of a misdemeanor. 

The word " juror " as used in this section includes a talesman, 
and extends to jurors in all courts whether of record or not of 
record, and in special proceedings, and before any officer author- 
ized to impanel a jury in any case or proceeding. 

DeriTatloat Ptnal Code, f 77; last par. Penal Code, | 81. 



30 



c 



Art. 170] PITBLTC OFFICES, ETC. [§ 1820 



ARTICLE 170. 

PUBLIC OFFICES AKD OFFICERS. 

SicnoN 1820. Acting In a public office without having qualified. 

1820a. Notary public or commissioner of deeds, acting without ap- 
pointment; fraud in office. 

1821. Acts of officer de facto. 

1822. Giving or offering bribes. 

1823. Asking or receiving bribes. 

1824. Attempting to prevent officer from performing duty. 
1826. Resisting officer. 

1826. Taking unlawful fees. 

1827. Comptroller not to be interested in tax sales. 

1828. Prison officers not to be interested in prison contracts. 

1829. Taking reward for omitting or delaying official acts. 

1830. Taking fees for services not rendered. 

1831. Taking unlawful reward for services in extradition of fugitiTea. 

1832. Corrupt bargain for appointment. 

1833. Selling right to official powers. 

1834. Appointment avoided by conviction. 

1835. Intrusion into public office. 

1836. Officer refusing to surrender to successor. 

1837. Administrative officers. 

1838. Injury to records and misappropriation by ministerial officers. 

1839. Permitting escapes, and other unlawful acts, committed by 

ministerial officers. 

1840. Neglecting or refusing to execute process. 

1841. Provision as to neglect of duty. 

1842. Neglect of county officer to make report. 

1843. Neglect of duty by superintendent or overseer of the poor. 

1844. Delaying to take person arrested for crime before a magistrate. 

1845. Special peace officers to be citizens. 

1846. Making arrest without lawful authority. 

1847. Misconduct in executing search warrant. 

1848. Refusing to aid olllcer in making an arrest. 

1849. Refusing to make an arrest. 

1850. Resisting execution of process and aiding escapes in county 

which has been proclaimed in insurrection. 

1851. Resisting public officer in the discharge of his duty. 

1852. Buying demands by a justice or constable for suit before a 

justice. 

1853. Giving inducement to bring suit before a justice. 

1854. Forfeiture of office. 

1855. Receiving claims, in what cases allowable. 

1856. Application of previous sections to persons proseeuting in 

person. 
1W7. Omiaaion of duty by pubhc officer. 
ISf8, Ftdaely marking enrolled person exumpti 



§§ 1820-1821] PUBLIC OFFICERS, ETC. [Art. 170 

Section 1859. Neglect to return names of constr.bles. 

1860. Falsely certifying as to record of deeds and instruments. 

1861. False certificates. 

1862. Penalty for recording instruments without acknowledgment. 

1863. Auditing and paying traudulent claims upon the state or a 

municipal corporation. 

1864. Obtaining proceeds of fraiidrlcTit audit or payment. 

1865. Misappropriation and falsification of accounts by public 

officers. 

1866. Violations of law by public officers. 

1867. Misappropriation by county treasurer. 

1868. Officials not to be interested in sales, leases or contracts. 

1869. County clerks omitting to publish statements required by 

law. 

1870. Obstructing officer in collecting revenue. 

1871. School district trustee not to draw draft on supervisor in 

certain cases. 

1872. Fraudulently presenting bills or claims to public officers 

for payment. 

1873. Taking property from officer's custody. 

1874. Neglecting. to make transcripts or making false certificates. 

1875. Violation by sheriff of certain provisions relating to pris- 

oners. 

1876. Misdemeanor for judge, justice or magistrate to permit any 

but attorneys to practice in his court. 

§ 1820. Acting in a public office without ha?ing qualified. 

A person who executes any of the funciions o: a tublic office without 
having taken and duly filed the requird oath of office, or without having 
executed and duly filed the required security, as prescribed by law, is 
guilty of a misdemanor. 

Deriyatlon: Penal Code, § 42, as amended L. 1893, ch. 692. 

Foot V. Stiles (1874), 57 N. Y. 399. 

S 1820-a. Notary public or commissioner of deeds; acting wlthont ap- 
pointment; fraud in office. 

1. Any person who holds himself out to the public as being entitled to 
;.ct as a notary public or commissioner of deeds, or who assumes, uses or 
advertises the title of notary public or commissioner of deeds, or equiva- 
lent terms in any language, in such a manner as to convey the impression 
that he is a notary public or commissioner of deeds without having first 
been appointed as notary public or commissioner of deeds, or 

2. A notary pubic or commissioner of deeds, who in the exercise of the 
powers, or in the performance of the duties of such office shall practice 
any fraud or deceit, the punishmnt for which is not otherwise provided 
for by this act, shall be guilty of a misdemeanor. (Added L. 1910, ch. 471, 
in effect September 1. 1910.) 

§ 1821. Acts of officer de facto. 

The last section must not be construed to affect the validity of acts 
done by a person exercising the functions of a public office in fact, where 
persons other than himself are interested in maintaining the validity of 
cuch acts. 

DeriTation: Pena] Code. § 43. 

Matter of Kendall (1881), 85 N. Y. 305; People ex rel. Sinkler v. Terry 
(1888), 108 N. Y. 1, rev'g 42 Hun. 273; see, also. People v. Albertson. 8 
How. 363; People v. Collins, 7 Johns. 549: Conover v. Devlin, 16 How. 470; 
People V. Cook, 14 Barb. 324; Greenleaf v. Low, 4 Den. 168; Hamlin v. 
Dingman, 5 Lans. 61; People v. Peabody, 6 Abb. 228; Read v. Buffalo, 3 
Keyes 445; Rochester & Gen. Vp.l. R Co. v. Clark Net. Bank* 60 Barb. 

^S4; People v. Sfevens, 5 Hill, 616; McKmaliv n.Twixl^t,^ ^^tl%,\^V. 

WeekB V. EIHb, 2 Barb. S24; Wilcox v. 8m\tYi. ^ ^«i^. ^^V, 



Art. 17a] PXJBLIC OFFICES, ETC. [§§ 1822-1825 

§ 1822. Giving or offering bribes. 

A person who gives or offers a bribe to any executive oflBcer of 
this state with intent to influence him in respect to any act, de- 
cision, vote, opinion, or other proceeding as such c^cer, is punish- 
able by imprisonment in a state prison not exceeding ten years, 
or by fine not exceeding five thousand dollars, or by both. 

• 

Derivation: Penal Code, § 44. 

People V. Sharp (1887), 107 N. Y. 439, 6 N. Y. Cr. 669, rev'g 46 Hun, 
460; see also SUte v. Ellis, 33 N. J. L. 102. 

§ 1823. Asking or receiving bribes. 

An executive ofiicer, or person elected or appointed to an execu- 
tive office, who asks, receives or agrees to receive any bribe, upon 
an agreement or understanding that his vote, opinion or action 
upon any matter then pending or which may by law be brought 
before him in his official capacity, shall be influenced thereby, 
i3 punishable by imprisonment in a state prison not exceeding 
ten years, or by a fine not exceeding five thousand dollars, or by 
both; and in addition thereto forfeits his office and is forever 
disqualified from holding any public office under this state. 

Derivations Penal Code, S 46. 

People v. Markham, 64 Cal. 147, 49 Am. Rep. 700; Walsh v. People, 64 111. 
58, 16 Am. Rep. 569. 

§ 1824. Attempting to prevent officer from performing duty. 

A person who attempts, by means of any threat or violence, 
to deter or prevent an executive officer from performing any duty 
imposed upon such officer by law, is guilty of a misdemeanor. 

Derivation: Penal Code, § 46. 

People V. Hall (1884), 31 Hun, 404, 2 X. Y. Cr. 134; People v. Hochstim 
(1901), 36 Misc. 662, 569, 73 N. Y. Supp. 626. 

§ 1825. Resisting officer. 

A person who knowingly resists, by the use of force or violence, 
any executive ofBcer, in the performance of his duty, is guilty of 
a misdemeanor. 

D«riTatioBS Penal Code, § 47. 

Ptopto v. Hochstim (1901), 36 Misc. 667, 574, 73 N. Y. Sup^. ^^^ 



§§ 1826-1828] PUBLIC OFFICES, ETC. [Art. 170 

§ 1826. Taking unlawful fees. 

A public oflSoer or a deputy, clerk, assistant or other suboi^ 
dinate of a public officer, or any person appointed or employed 
by or in the office of a public officer, who shall, in any manner 
act for or in behalf of any such officer, who asks or receives, or 
consents or agrees to receive, any emolument, gratuity or reward, 
or any promise of emolument, gratuity or reward, or any money, 
property or thjng of value or of personal advantage, except such 
as may be authorized by law, for doing or omitting to do any 
official act, or for performing or omitting to perform, or for hav- 
ing performed or omitted to perform any act whatsoever directly 
or indirectly related to any matter in respect to which any duty 
or discretion is by or in pursuance of law imposed upon or vested 
in him, or may be exercised by him by virtue of his office, or 
appointment or employment or his actual relation to the matter, 
shall be guilty of a felony, pimishable by imprisonment for not 
more than ten years or by a fine of not more than four thousand 
dollars, or both. 

Derivation: Penal Code, § 48, as amended L. 1890, ch. 336. 

People V. Bissert (1902), 71 App. Div. 118, 172 N. Y. 64S, 7fi N. Y. 
Supp. 630. 

»> 

§ 1827. Comptroller not to be interested in tax sales. 

The comptroller, or any person employed in his ofBoe, who 
shall be directly or indirectly interested in any tax sale made 
by such comptroller, or in the title acquired by such sale, or in any 
money paid or to be paid for the redemption of any lands sold for 
taxes or on the cancellation of any tax sale; or any person who 
shall pay or give to the state comptroller, or to any employee in 
his office, any compensation, reward or promise thereof for any 
service or services performed or to be performed in regard to such 
sale, redemption, cancellation or such tax title, is guilty of a mis- 
demeanor. A sale in violation of this section is void. 

Derivationt Penal Code, § 48a, added L. 1898, cb. 692. 

§ 1828. Prison officers not to be interested in prison con- 
tracts. 

A superintendent of state prisons, or agent, warden or other 
officer or guard, employed at either of the prisons, who: 

366 



Art. lYO] PUBLIC OFFICES, ETC. [§§ 1829-1831 

« 

1. Shall be directly or indirectly interested in any contract, 
purchase or sale, for, by, or on account of such prison ; or, 

2. Accepts a present from a contractor or contractor's agent, 
directly or indirectly, or employs the labor of a convict or another 
person employed in such prison on any work for the private benefit 
of such superintendent, ofiicer or guard, is guilty of a misde- 
meanor, except that the agent and warden shall be entitled 'to 
employ prisoners for necessary household service. 

Derivations Penal Code, § 48b, added L. 1893, cli. 092. 

§ 1829. Taking reward for omitting or delaying official acts. 

An executive officer asks or receives any emolument, gratuity 
or reward, or any promise of any emolument, gratuity or reward, 
for omitting or deferring the performance of any official duty, is 
guilty of a misdemeanor. 

Derivation: Penal Code, § 49. 

§ 1830. Taking fees for services not rendered. 

An executive officer who asks or receives any fee or compensa- 
tion for any official service which has not been actually rendered, 
except in cases of charges for prospective costs, or of fees demand- 
able in advance -in the cases allowed by law, is guilty of a mis- 
demeanor. 

Derivations Penal Code, f 60. 

§ 1831. Taking unlawful reward for services in extradition 
of fugitives. 

An officer of this state who asks or receives any fee or com- 
p^nsation of any kind for any sen^ices rendered or expense incur- 
red in procuring from the governor of this state a demand ujkhi 
the executive authority of a state or territory of the United 
States, or of a foreign government, for the surrender of a fugitive 
from justice; or for any service rendered or expense incurred in 
procuring the surrender of such fugitive, or of conveying him to 
this state, or for detaining him therein, except upon an employ- 
ment by the governor of this state, is guilty of a misdemeanor. 

Derivation: Penal Code, § 61, as amended L. 1882, ch. 384. 

People ex rel. Gardenier v. Supervisors (1892), 134 N. Y. 1, aff'g 56 Hun, 
20, 8 N. Y. Supp. 762; Ellis v. Jacob (1897), 17 App. Div. 471, 45 N. Y. 
8upp. 177. 

367 



§§ 1832-1834] PUBLIC OFFICES, ETC. [Art 170 

§ 1832. Corrupt bargain for appointment. 

1. A person who gives or offers to give, any gratuity or reward, 
in consideration that himself or any other person shall be ap- 
pointed to a public oflBce, or to a clerkship, deputation, or other 
subordinate position, in such an office, or shall be permitted U> 
exercise, perform, or discharge any prerogatives or duties, or to 
receive any emoluments, of such an office, is guilty of a misde- 
meanor. 

2. A person who asks or receives, or agrees to receive, any 
gratuity, or reward, or any promise thereof, for appointing an- 
other pei»on, or procuring for another person an appointment, to 
a public office or to a clerkship, deputation, or other subordinate 
position in such an office, is guilty of a misdemeanor. If the per- 
son so offending is a public officer, a conviction also forfeits his 
office. 

Derivationt Penal Code, §§ 62, 63. 

Gray v. Hook (1851), 4 N. Y. 449; Deyoe v. Woodworth (1894), 144 
N. Y. 448, arg 70 Hun, 599, 24 N. Y. Siipp. 373; People v. Roller (1906), 
116 App. Div. 175, 101 N. Y. Supp. 518, 20 Crim. Rep. 423; Becker f. 
Ten Eyck, 6 Paige, 68; Mott v. Robins, 1 Hill, 21; Robinson v. Kalbfleiseh, 
6 Th. & C. 212; Tappan v. Brown, 9 Wend. 175; State v. Purdy, 36 Wi». 
213, 17 Am. Rep. 486. 

§ 1£33. Selling right to official powers. 

A public officer who, for any reward, consideration or gratuity, 
paid, or agreed to be paid, directly or indirectly, grants to another 
the right or authority to discharge any functions of his office, or 
l)ermits another to make appointments or perform any of its 
duties, is guilty of a misdemeanor, and a conviction for the 
same forfeits his office, and disqualifies him forever from holding 
any office whatever under this state. 

Derivationt Penal Code, § 54. 

§ 1834. Appointment avoided by conviction. 

A grant, appointment, or deputation, made contrary to the 
provisions of either subdivision two of section eighteen hundred 
and thirty-two, or section eighteen hundred and thirty-three, is 
avoided and annulled bv a conviction for the violation of either of 
those sections, in respect to such grant, appointment, or depu- ^ 
tation ; but any official act done before conviction, is unaffected J 
by the conviction. 
IferirMtioMt Penal Code, { 55. 

868 



t 170] PUBLIC OFFICES, ETC. [§§ 1835-1838 

§ 1835. Intrusion in'o public office. 

A person who wilfully intrudes himself into a public office, to 
lich he has not been duly elected or appointed, or who, having 
en an executive or administrative officer, wilfully exercises any 
the functions of his office, after his right so to do has ceased, 
guilty of a misdemeanor. 

Derivation: Penal Code, § 56. 

Hamlin v. Karsafer, 16 Oreg. 456, 3 Am. St. Hep. 176. 

§ 1836. Officer refusing to surrender to successor. 

A person who, having been an executive or administrative offi- 
er, wrongfully refuses to surrender the official seal, or any books 
r papers, appertaining to his office, upon the demand of his law- 
id successor, is guilty of a misdemeanor. 

DeriTatlont Penal Code, § 57. 

Matter of Baker, 11 How. 41S; In re Bartlett, 9 How. 414; Cobee v. 
>ivi9, 8 How. 367; Conover's Case, 6 Abb. Pr. 73; Matter of Davis, 19 
iow. 323; Devlin's case, 5 Abb. Pr. 281; People v. Dikeman, 7 How. 367; 
Ptople V. Stevens, 5 Hill, 616; Matter of V^hiting, 2 Barb. 613; Welch v. 
'ook, 7 How. 282. 

§ 1837. Administrative officers. 

The various provisions of the preceding sections of this article 
^hich relate to executive officers apply to administrative oflBcers, 
n the same manner as if administrative and executive officers were 
)oth mentioned. 

Derivations Penal Code, § 58. 

§ 1838. Injury to records and misappropriation by ministe- 
ial officers. 

A sheriff, coroner, clerk of a court, constable or other minis- 
terial officer, and every deputy or subordinate of any ministerial 
jffioer, who : 

1. Mutilates, destroys, conceals, erases, obliterates or falsifies 
toy record or paper appertaining to his office ; or, 

2. Fraudulently appropriates to his own use or to the use of 
iiwther person, or secretes with intent to appropriate to such use, 
toy money, evidence of debt or other property intrusted to him in 
riitue of his office, 

Is guilty of felony. 

BariTationi Penal Code, § 114. 
Ajres v. Covill, 18 Barb. 263. 

369 



g§ 1839-1841] PUBLIC OFFICES, ETC. [Arc. 170 

§ 1839. Permitting escapes, and other unlawful acts, com- 
mitted by ministerial officers. 

A sheriff, coroner, clerk of a court,, constable, or other minia- 
terial officer, and every deputy or subordinate of any ministerial 
officer, who : 

1. Receives any gratuity, or reward, or any security or promise 
of one, to procure, assist, connive at or permit any prisoner in bU 
custody to escape, whether such escape is attempted or not ; or, 

2. Commits any unlawful act tending to hinder justice, 
Is guilty of a misdemeanor. 

A conviction of a sheriff or other officer also operates as a fo^ 
feiture of his office, and disqualifies him forever thereafter from 
holding the same. The governor shall, upon application, grant t 
hearing to a person convicted under this section, and if he be satis- 
fied that the facts warrant it, he may, by order, relieve such person 
from such disqualification. (Amended by L. 1917, ch. 226, in 
effect April 20, 1917.) 

Derivationt Penal Code, § 115. La&t sentence, Code Civil Proc., § 159, 
in part. 

Bliist V. Collier (1001), 62 App. Div. 479, 70 N. Y. Supp. 774; see alio 
Blue V. Com., 4 Watts, 215. 

§ 1840. Neglecting or refusing to execute process. 

An officer who, in violation of a duty imposed upon him by law 
to receive a person into his official custody, or into a prison under 
his charge, wilfully neglects or refuses so to do, is guilty of a mis- 
demeanor. 

Derivation! Penal Code, § 116. 

Blii«t \. Collier (1901), 62 App. Div. 479, 70 X. Y. Supp. 774; see alto 
Smith V. Botens, 13 N. Y. Supp. 224. 




rev'g 35 Mi.<c. 711, 72 X. Y. Supp. 3S0, 10 Crini. Rep. 3«; People ex reL 
DeviTV V. Jerome (1901), 36 Misc. 256. 73 X. Y. Supp. 306: People v. Glen- 
non (*in03). 78 App. Div. 271. 79 X. Y. Sumd. 997, n^vM 175 X. Y. 46: D«- 
lan.^v V. Flood (1904), 45 Misc. 100, 91 X.' Y. Supp. 672; Sharp v. Krie 
Railroad Co. (1904), 90 App. Div. 504, 85 X. Y. Supp. 553; see also People 
V. Bedell, 2 Hill, 196; PfH>ple v. Brooks. 1 Drn. 457: People v. Com. Council 
16 Abb, N. C. 114, 2 How. Pr. (X. S.) 68; WiUiama v. People, 15 Week 
Dig. 317. 

§ 1841. Provision as to neglect of duty. 

A public officer, or person holding a public tmst or employment, 
upon whom any duty is enjoined by law, who wilfully neglects to 

3T0 



An 170] PUBLIC OFFICES, ETC. [§§ 1842-1845 

perform tho duty, is guilty of a misdemeanor. This and section 
n^te&n hundred and forty do not apply to cases of official acts 
yt omissions the prevention or punishment of which is otherwise 
^)ecially provided by statute. 

DerlTations Penal Code, S 117. 

§ 1842. Neglect of county officer to make report. 

A county officer or an officer whose salary is paid by the county, 
who neglects or refuses to make a report under oath to the board 
of supervisors of such county on any subjects or matters connected 
with the duties of his office, whenever required by resolution of 
luch board, is guilty of a misdemeanor. 

]>eriTation: Penal Code, § 117a,^added L. 1S93, ch. 692. 

§ 1843. Neglect of duty by superintendent or overseer of the 
poor. 

The county superintendents of the poor, or any overseer of the 
poor, whose duty it shall be to provide for the support of any 
hastard and the sustenance' of its mother, who shall neglect to per- 
fonn such duty, shall be guilty of a misdemeanor, and shall on 
conviction, be liable to a fine of two hundred and fifty dollars, or 
to imprisonment not exceeding one year, or by both such fine and 
imprisonment. 

Derivations Penal Code, § 117b, added L. 1896, ob. 550. 

§ 1844. Delaying to take person arrested for crime before a 
magistrate. 

A public oEScer or other person having arrested any person upon 
I criminal charge^ who wilfully and wrongfully delays to take 
Rich person before a magistrate having jurisdiction to take his 
BBDunination, is guilty of a misdemeanor. 

Derlvationx Penal Code, § 118. 

People ex rel. Clapp v. Listman (1903), 84 App. Div. 683, 82 N. Y. Supp. 
r84, a£rg 40 Misc. 372. 

§ 1845. Special peace officers to be citizens. 

No sheriff of a county, mayor of a city, or officials, or other 
persons authorized by law to appoint special deputy sheriffs, special 
Rmstables, marshals, policemen, or other peace officers in this state, 
b preserve the public peace or quell public disturbance, «5Vv«S\>a!ewr 
ifter, Bt &0 mstanoe of any agent, society^ asBOOialioii ox <»r5OTV 



§ 1846] PUBLIC OFFICES, ETC. [Art m 

tion, or oUierwise, appoint as such special deputy, special con- 
stable, marshal, policeman, or other peace officer, any per- 
son who shall not be a citizen of the United States and a reai- 
dent of the state of New York, and entitled to vote therein ifc 
the time of his appointment, and a resident of the same county 
as the mayor or sheriff or other official making such appoint- 
ment; and no person shall assume or exercise the functional 
powers, duties or privileges incident and belonging to the office* 
of special deputy sheriff, special constables, marshal or policeman, 
or other peace officer,\vithout having first received his appoint-^ 
ment in writing from the authority lawfully appointing him. 
A violation of the provisions of this section is a misdemeanor— 

DeriTation: Penal Code (in part), S 110, as amended L. 1802, ch. 
For remainder of section, see 9 1846, post. 

People V. Glennon (1003), 78 App. Div. 271, 79 N. Y. Supp. 997, 
176 N. Y. 46. 



§ 1846. Making arrest without lawful authority. 

Any person who shall, in this state, without due authority 
exercise, or attempt to exercise the functions of, or hold 
self out to any one as a deputy sheriff, marshal, or polioem 
constable or peace officer, or any public officer, or person prei 
ing to be a public officer, who, unlawfully, under the prei 
or color of any process, arrests any person or detains him 
his will, or seizes or levies upon any property, or dispossesses 
one of any lands or tenements without a regular process 
for, is guilty of a misdemeanor. But nothing herein 
tained shall bo deemed to affect, repeal or abridge the powi 






authorized to be exercised under sections one hundred and ivf9^^ 
one hundred and four, one hundred and sixty-nine, one hundr^PJ^ 
and eighty-three, eight hundred and ninety-five, eight hund 
and ninety-six and eight hundred and ninety-seven of the 
of criminal procedure; or imder section ninety of the railro 
law; or under section eleven hundred and forty-seven of t 
chapter. All places kept for summer resorts and the grounds 
racing associations in the counties of New York, Kings and W 
Chester, are hereby exempted from the provisions of this secti 

DeriTations Penal Code (in part), S 119, as amended L. 1892, eh. 27L . 4 



See cases under section 1845. 



8ia 



irt. 170] PUBLIC OFFICES, ETC. [§§ 1847-1851 

§ 1847. Misconduct in executing search warrant. 

An (fficer, who, in executing a search warrant, wilfully exceeda 
ids authority, or exercises it with unnecessary severity, is guilty 
i a misdemeanor. 

D«riTatioBL: Penal Code, § 120. 

Phelps T. McAdoo (1905), 47 Misc. 524, 94 N. Y. Supp. 265, 19 Crim 
Bip. 127; see also Dell v. Clapp, 10 Johns. 263. * 

§ 1848. Refusing to aid officer in making an arrest. 

A person, who, after having been lawfully commanded to aid an 
fficer in arresting any person, or in re-taking any person who has 
scaped from legal custody, or in executing any legal process, wil- 
ally neglects or refuses to aid such officer is guilty of a mis- 
emeanor. 

DeriTatioBLS Penal Code, § 121. 

§ 1849. Refusing to make an arrest. 

A person, who, after having been lawfully commanded by any 
lagistrate to arrest another person, wilfully neglects or refuses so 
) do, is guilty of a misdemeanor. 

OOTtvatioBLS Penal Code, § 122. 

§ 1850. Resisting execution of process and aiding escapes in 
3unty which has been proclaimed in insurrection. 

A person, who, after proclamation issued by the governor de- 
aring a county to be in a state of insurrection, resists, or aids 
i the resisting, the execution of process in such coimty, or who 
ids or attempts the rescue or escape of another from lawful cus- 
)dy or confinement in such county, or who resists, or aids in re- 
isting, a force orderd out by the governor to quell or suppress 
n insurrection, is guilty of a felony. 

DerlvatioBLS Penal Code, § 123, as amended L. 1882, ch. 384. 

§ 1851. Resisting public officer in the discharge of his duty. 

A person who, in any case or under any circumstances not 
itherwise specially provided for, wilfully resists, delays, or 
fctructs a public officer in discharging, or attempting to discharge, 
idaty of his office, is guilty of a misdemeanor. 

DeriTattoBi: Penal Code, § 124. 

Kline v. Hibbard (1894), 80 Hun, 50, 29 N. Y. Supp. Wl\ ^%o^\» ^* 
BoehstiiD fJWJ}, 36 Misc. 562, 574, 73 N. Y. Supp. 6M. 



§§ 1852-1856] PUBLIC OFFICES, ETC. [Art 170 

§ 1852. Buying demands by a justice or constable for suit 
before a justice. 

A justice of the peace or a constable who, directly or indirectly, 
buys or is interested in buying any thing in action, for the pur- 
pose of commencing a suit thereon before a justice, is guilty of 
a misdemeanor. 

Derivation: Penal Code, § 137. 

§ 1853. Giving inducement to bring suit before a justice. 

A justice of the peace or constable who, directly or indirectly, 
gives, or promises to give, any valuable consideration to any pe^ 
son as an inducement to bring, or in consideration of having 
brought, a suit thereon before a justice, is guilty of a misdemeanor. 

DerivatioBLt Penal Code, § 138, as amended L. 1882, eh. 884. 

§ 1854. Forfeiture of office. 

A person convicted of a violation of either of the two preceding 
sections, in addition to the punishment, by fine and imprisonmenti 
prescribed therefor by this article, forfeits his office. 

DerivatioBLt Penal Code, § 130. i 

Matter of Manheim (1006), 113 App. Div. 137, 00 N. Y. Supp. 87* 

! 

§ 1855. Receiving claims, in what cases allowable. 

Nothing in the three preceding sections shall be construed to 
prohibit the receiving in payment of any thing in action for 
any estate, real or personal, or for any services of an attorney 
or counsellor actually rendered, or for a debt antecedently c<m- 
tracted ; or the buying or receiving of any thing in action for the 
purpose of remittance, and without any intent to violate the three 
preceding sections. 

DeriTatton: Penal Code, § 140. 

Baldwin v. Latson, 2 Barb. Ch. 306; Goodell v. People, 5 Park. 206; Mana 
v. Fairchild, 2 Keyes, 106; Ramsey v. Gould, 57 Barb. 398; People t. Wal- 
bridge, 3 Wend. 120; Watson v. McLaren, 10 Wend. 667. 

§ 1856. Application of previous sections to persona prosecut- 
ing in person. 

The provisions of sections two hundred and seventy-four, two 
iimdred and seven ty-five, eighteen hundT^d wid Hty-three and 

814 



Art 170] PUBLIC OFFICES, ETC. [§§ 1857-1859 

eighteen hundred and fifty-five, relative to the buying of claims 
by a justice of the peace or constable, with intent to prosecute them, 
apply to every case of such buying a claim, or lending or advano- 
ing money, by any person prosecuting in person an action or legal 
proceeding. 

DeriTationt Penal Code, § 141, as amended L. 1882, cfa. 384. 

§ 1857. Omission of duty by public officer. 

Where any duty is or shall be enjoined by law upon any public 
officer, or upon any person holding a public trust or employment, 
every wilful omission to perform such duty, where no special pro- 
vision shall have been made for the punishment of such delin- 
quency, is punishable as a misdemeanor. 

DeriTatiomt Penal Code, § 154. 

People T. Cook (1853), 8 N. Y. 67; Gardner t. People (1874), 3 Hun, 

222; Conners t. Adams (1878), 13 Hun, 427; People v. Ryall (1890), 58 

Hun, 235, 11 N. Y. Supp. 828; People v. Long Island R. Co. (1892), 134 

K. Y. 506, aTg 58 Hun, 412, 12 N. Y. Supp. 41; People v. Willis (1808), 

94 App. Div. 203, 54 N. Y. Supp. 642, aff'd 158 N. Y. 392; People v. Thomas 

11900), 32 Misc. 170, 66 N. Y. Supp. 191; People v. Herlihy (1901), 66 

App. IHt. 534, rer'g 35 Misc. 711, 73 N. Y. Supp. 236, 16 Crim. Rep. 240. 

72 N. Y. Supp. 389, 16 Crim Rep. 38; People ex rel. Clapp t. Listnmn 

(1003), 40 Misc. 375, 82 N. Y. Supp. 263; People v. Erie Railroad 0>. 

il004), 90 App. DiT. 504, 85 N. Y. Supp. 553; Delaney t. l^lood (1904), 

45 Misc. 97, 91 N. Y. Supp. 672; rev'd 183 N. Y. 323 (1906) ; see also Bentley 

V. Pbelpe, 27 Barb. 524: People v. Brooks, 1 Den. 457; People v. Calhoun, 

3 Wend. 421; Clark v. Miller, 47 Barb. 38; People v. Coon, 15 Wend. 276; 

Bartlett v. Orozier, 17 Johns. 439; Green v. Rumsey, 2 Wend. 611; People v. 

Xorton, 7 Barb. 477; In re Pickett, 55 How. 491; People v. Stocking, 32 How. 

49, 50 Barb. 573. 

§ 1858. Falsely marking enrolled person exempt 

A county clerk who marks " exempt " any person enrolled as 
liable to military duty, whom he knows not to be exempt, is 
guilty of a misdemeanor. 

]>exiTatioBLS Penal Code, § 154a, added L. 1893, ch. 692. 

§ 1859. Neglect to return names of constables. 

A town clerk who wilfully omits to return to the county clwk 
tbe name of a person who has qualified as constable, pursuant to 
]aw« is punishable by a fine not exceeding ten dollars. 

]>«yflTatlMit Penal Code, § 161. 

376 



1860-1863] PUBLIC OFFICES, ETC. [Art 170 

§ 1860. Falsely certifying as to record of deeds and instru- 
ments. 

An officer authorized by law to record a oonveyanoe of real 
property, or of any other instrument, which by law may be re- 
corded, who knowingly and falsely certifies that such a conveyance 
or instrument has been recorded, is guilty of a felony. 

DerlTation: Penal Code, § 162. 

§ 1861. False certificates. 

A public officer who, being authorized by law to make or giVe 
a certificate or other writing, knowingly makes and delivers as 
true such a certificate or writing, containing any statement which 
he knows to be false, in a case where the punishment thereof is 
not expressly provided by law, is guilty of a misdemeanor. 

Psrivation: Penal Code, § 163. 

§ 1862. Penalty for recording instruments without acknowl- 
edgment. 

A public officer authorized to file or record any instrument or 
conveyance of, or aflfecting property which is duly proved or ac- 
knowledged, who knowingly files or records any such instrument 
or conveyance which is not accompanied by a certificate according 
to law, of the proof or acknowledgment, is guilty of a misdemeanor. 

DeriTation: Penal Code, § 164. 
People V. Brown, 7 Wend. 493. 

§ 1863. Auditing and paying fraudulent claims upon the 
state or a municipal corporation. 

A public officer, or person holding or discharging the duties 
of any office or place of trust under the state, or in any county, 
town, city or village, a part of whose duty is to audit, allow or 
pay, or take part in auditing, allowing or paying, claims or de- 
mands upon the state, or such county, town, city or village, who 
knowingly audits, allows or pays, or directly or indirectly con- 
sents to, or in any way connives at the auditing, allowance or pay- 
ment of any claim or demand against the state or such county, 
town, city or village, which is false or fraudulent, or contains 
charges, items or claims, which are false or fraudulent, is guilty 
of ieiony, punishable by imprisonment for a term not ezoeeding 

376 



Art. 170]' PFBLIC OFFICTES, ETC. [§§ 1864-1865 

fiye years, or by a fine not exceeding £ye thousand dollars, or 
by both. 

D«riTatioBLS Penal Code, § 166, as amended L. 1892, oh. 662. 

People V. Stock (1806), 21 Misc. 147, 47 N. Y. Supp. 94, 12 N. Y. Cr. 
420; People t. Klipfel (1899), 160 N. Y. 371, UN. Y. Cr. 169, aff'g 37 
App. Div. 224, 56 N. Y. Supp. 789; People v. Fielding (1899), 36 App. 
Div. 401, 56 N. Y. Supp. 530jPeople v. King (1897), 19 Misc. 98, 43 N. 
Y. Supp. 976. 

§ 1864. Obtaining proceeds of fraudulent audit or payment. 

A person who, being or acting as a public officer or otherwise, 
by wilfully auditing, or paying, or consenting to, or conniving 
at the auditing or payment of a false or fraudulent claim or de- 
mand, or by any other means, wrongfully obtains, receives, con- 
verts, disposes of or pays out or aids, or abets another in obtain- 
ing, receiving, converting, disposing of, or paying out any money 
or property, held, owned, or in the possession of the state, or of 
any city, county or village, or other public corporation, or any 
board, department, agency, trustee, agent or officer thereof, is 
guilty of a felony, punishable by imprisonment for not less than 
three npr more than five years, or by a fine not exceeding five 
times the amount of value of the money or the property converted, 
paid out, lost or disposed of by means of the act done or abetted 
by such person, or by both such imprisonment and fine. The 
amount of any such fine when paid or collected, shall be paid to 
the treasury of the corporation or body injured. A conviction 
under this section forfeits any office held by the offender, and 
renders him incapable thereafter of holding any office or place 
of trust. 

A transfer in whole or part of any deposit with any bank or 
3ther depositary, or of any credit, claim or demand upon such 
depositary, whereby the right, title or possession of the owner 
or holder of such deposit, or of any custodian thereof, is dm- 
paired or affected, is a conversion thereof under this section. 
DeiiTatioii: Penal Code, §$ 166, 167. 

People V. Willis (1898), 24 Misc. 639, 54 N. Y. Supp. 129, 13 N. Y. Cr. 
348, 14 N. Y. Cr. 414, 158 N. Y. 392, 14 N. Y. Cr. 72. 

§ 1865. Misappropriation and falsification of accounts by 
public officers. 

A public officer, or a deputy, or clerk of any such officer, and 
any other person receiving money on behalf of, ox iot ^e.Q,C)i\3CQ\. ^\ 

377 



§§ 1866-1867] PUBLIC OFFICES, ETC. ' [Art. 170 

the people of this state, or of any department of the goyemnzent 
of this state, or of any bureau or fund created by law, and in 
which the people of this state are directly or indirectly interested, 
or for or on account of any city, county, village or town, who: 

1. Appropriates to his own use, or to the use of any person not 
entitled thereto, without authority of law, any money so received 
by him as such officer, clerk or deputy, or otherwise ; or, 

2. Knowingly keeps any false account, or makes any false entry 
or erasure in any account of, or relating to, any money so received 
by him; or, 

3. Fraudulently alters, falsifies, conceals, destroys or obliterates 
any such account; or, 

4. Wilfully omits or refuses to pay over to the people of this 
state or their officer or agent authorized by law to receive the same, 
or to such city, village, county, or town, or the proper officer or 
authority empowered to demand and receive the same, any money 
received by him as such officer when it is his duty imposed by 
law to pay over, or account for, the ^ame. 

Is guilty of a felony. 

DeriTatlon: Penal Code, § 470. 

Bork V. People (1883), 91 N. Y. 5, 1 N. Y. Cr. 375, aflf'g 26 Hun. 670. 
i N. Y. Crim. 368; People v. Lyon (188»»), 99 N. Y. 210, rev*g 33 Hun, 
623; People v. Church (1885), 3 N. Y. Cr. 57, 1 How. Pr. (N. S.) 369. 

§ 1866. Violations of law by public officers. 

An officer or other person mentioned in the last section who wil- 
fully disobeys any provision of law regulating his official conduct, 
in cases other than those specified in that section is guilty of a 
misdemeanor, punishable by a fine not exceeding one thousand 
dollars, or imprisonment not exceeding two years, or both. 

DeriTation: Penal Code, § 471. 

People ex rel. Clapp v. Listman (1903), 40 Misc. 372, 82 N. Y. 8upp. 263. 

§ 1867. Misappropriation by county treasurer. 

A county treasurer, who wilfully misappropriates any moneys, 
funds or securities, received by or deposited with him as such 
treasurer, or who is guilty of any other malfeasance or wilful 
neglect of duty in his office, is punishable by a fine not less than 
five hundred dollars nor more than ten thousand dollars, or by 

378 



Art 170] PUBLIC OFFICES, ETC. [§§ 1868-1870 

Hnprisonmait in a state prison not less than one year or more 
than five years, or by both such fine and imprisonment. 

DeriTatiomi Penal Code, § 472. 

§ 1868. OfiBcials not to be interested in sales, leases or con- 
tracts. 

A public officer or school officer, who is authorized to sell or 
lease any property, or to make any contract in his official capac- 
ity, or to take part in making any such sale, lease or contract, 
who voluntarily becomes interested individually in such sale, lease 
or contract, directly or indirectly, except in cases where such sale, 
lease or contract, or payment under the same, is subject to audit 
or approval by the commissioner of education, is guilty of a mis- 
demeanor. 

DeriTatioBt Penal Code, § 473, as amended L. 1S88. ch. 493; L. 1800, 
ch. 220. 

Smith V. City of Albany (1875), 61 N. Y. 444, aff'g 7 Lans. 14; People 
ex rel. Spaulding v. Supervisors (1001), 66 App. Div. 117, 72 N. Y. Supp. 
782; Banigan v. Village of Nyack (1898), 25 App. Div. 160, 49 N. Y. Supp. 
199; see also Beebe v. Board etc., 19 N. Y. Supp. 630. 

§ 1868. County clerks omitting to publish statements re- 
quired by law. 

A county clerk who wilfully omits to publish any statement 
required by law, within the time preecribed, is guilty of a mi&- 
demeanor, punishable by a fine of one hundred dollars, or im- 
prisonment for six months, or both. 

DeriTatioiit Penal Code, § 474. 

§ 1870. Obstructing officer in collecting revenue. 

A person who wilfully obstructs or hinders a public officer from 
collecting any revenue, taxes or other sura of money in which, or 
in any part of which the people of this state are. directly or in- 
directly interested, and which such officer is by law empowered 
to collect, is guilty of a misdemeanor. 

DerlTAtiiMfti Penal Code, § 475. 

People ex rel. Spaulding v. Supervisors (1901), 06 App. Div. 117, Itt, 
72 N. T. Supp. 782. 

379 



§;§ 1871-1874] PUBLIC OFFICES, ETC. [Art 179 

§ 1871. School district trustee not to draw draft on super- 
visor in certain cases. 

A school district trustee who issues an order or draws a draft 
CD a supervisor or collector for any money, unless there is at the 
time sufficient money in the hands of such supervisor or collector 
belonging to the district to meet such order or draft, is guilty of a 
misdemeanor. 

DeriTfttion: Penal Code, § 485a, added L. 1803, ch. 692. 

§ 1872. Fraudulently presenting bills or claims to public offi- 
cers for payment. 

A person who, knowingly, with intent to defraud, presents, 
for audita or allowance, or for payment, to any officer or board 
of officers of the state, or of any county, town, city or village, 
authorized to audit, or allow, or to pay bills, claims or charges, 
any false or fraudulent claim, bill, account, writing or voucher, 
or any bill, account or demand, containing false or fraudulent 
charges, items or claims, is guilty of a felony. 

DerivatioBt Panal Code, § 672. 

O'Reilly v. People (1881), 86 N. Y. 154, 40 Am. Rep. 525, rev*g 1 Hun, 
460, 3 Th. & C. 787; People v. Bragle (1882), 88 N. Y. 585, 63 How. Pr. 
143; People v. King (1897), 12 N. Y. Cr. 240, 19 Misc. 98, 43 N. Y. Supp. 
075; People v. Stock (1897), 21 Misc. 147, 47 N. Y. Supp. 94, 12 N. Y. 
Cr. 420; People v. Coombs' (1899), 158 X. Y. 533, 14 N. Y. CY. 17, aff'g 
36 App. Div. 284, 56 N. Y. Supp. 276; People v. Klipfel (1899), 160 N. 
Y. 376, 14 N. Y. Cr. 169, aff'g 37 App. Div. 224, 55 N. Y. Supp. 789; People 
V. Miles (1908), 123 App. Div. 862, 108 N. Y. Supp. 510. 

§ 1873. Taking property from officer's custody. 

A person who takes from the custody of an officer or other per- 
son, personal property, in charge of the latter, under any pro- 
cess of law, or who wilfully injures or destroys such property, is 
guilty of a misdemeanor. 

DeriTatton: Penal Code, $ 83. 

Simpson v. St.. John (1883), 93 N. Y. 363; People v. Booth (1907), 52 
Misc. 340, 102 N. Y. Supp. 62, 20 Crim. Rep. 481. 

§ 1874. Neglecting to make transcripts or making false cer- 
tificates. 

If a surrogate, county clerk, register, clerk of a court, or other 

880 



Art 170] PUBLIC OFFICES, ETC. [§§ 1875-1876 

person, having the custody of the records or other papers in a 
public oflSoe, refuses, or unreasonably neglects or delays, to make 
a search, or to furnish a transcript or certificate as prescribed 
in section two hundred and fifty-five of the judiciary law, section 
one hundred and sixty-one of the county law, or section sixty-six 
of the public officers law, or makes a false certificate, he is guilty 
of a misdemeanor. 

Derivatioiit Code Civ. Proc, 9 1052, in part. 

§ 1875. Violation by sheriff of certain provisions relating to 
prisoners. 

A sheriff, or other officer, who wilfully violates any of the pro- 
visions of sections one hundred and ten and one hundred and 
eleven of the code of civil procedure; or sections three hundred 
and forty, three hundred and forty-one, three hundred and forty- 
two, three hundred and forty-three, three hundred and forty-four, 
three hundred and forty-five, and three hundred and forty-six of 
the prison law, forfeits to the person aggrieved, treble damages. 
He is also guilty of a misdemeanor, and shall be punished accord- 
ingly. A conviction also operates as a forfeiture of his office. 

DeriTattoBi: Code Civ. Proc., 9 961, in part. 

§ 1876. Misdemeanor for judge, justice or magistrate to per- 
mit any but attorneys to practice in his court. 

A judge, justice or magistrate within the city of New York 
who knowingly permits to practice in his court, a person who has 
not been regularly admitted to practice in the courts of record 
ef this state, is guilty of a misdemeanor, and shall be punished 
by imprisonment in the county jail, not exceeding one month, 
or by a fine of not less than one hundred dollars or more than 
two hundred and fifty dollars, or by both such fine and imprison- 
ment. 

But this section and section two hundred and seventy-one do 
not apply to a case where a person appears in a cause to which he 
is a party 

UeriTatloa: Code Civ. Proc., { 125. 

Matter of Bolte, 07 App. Div. 661, 672, 90 N. Y. Supp. 4M, see alM 
S272. 



flQi 



%% 1890-1891] PUBLIC SAFETY [Art. 171 



ARTICLE 172. 

ft 

PUBLIC SAFETY. 

ftBOHOlf 1890. Overloading passenger vessel. 

1891. Unauthorized pressure of steam. 

1892. Generation of unsafe amount of steam. 

1893. Mismanagement of steam boilers. 

1894. Explosives and combustibles. 

1895. Endangering life by maliciously placing exploaive DMtf 

building. 

1896. Making and disposing of dangerous weapons. 

1897. Carrying and use of dangerous weapons. 

1898. Possessioni presumptive evidence. 

1899. Destruction of dangerous weapons. 

1900. Negligently managing and refusing to extinguish fires. 

1901. Obstructing attempts to extinguish fires. 

1902. Unauthorized manufacture, sale or use of illuminatliig oils. 

1903. Violating law to prevent conflagrations. 

1904. Ice cutting and ice bridges. 
1906. Fire-escapes in hotels. 

1906. Discharging fire-arms. 

1907. Driving vehicles and animals on sidewalks. 

1908. Driving vehicles and teams on side-paths. 

1909. Riding bicycle on sidewalk or foot-path. 

1910. Endangering life by refusal to labor. 

1911. Injury to life saving apparatus. 

1912. Procuring liquor for persons to whom sale is forbidd«n by the 

liquor tax law. 

1913. Employment by common carrier of person addicted to intoxi- 

cation. 

1914. Sale of pistols, revolvers and other fire arms. 

§ 1800. Overloading passenger vessel. 

A person navigating a vessel for gain, who wilfully or negli- 
gently receives so many passengers, or such a quantity of other 
lading, on board the vessel, that by means thereof it sinks or is 
overset or injured, and then^by the life of a human being is en- 
dangered, is guilty of a misdemeanor. 

DeriTation: Penal ('ode, § 359. 

§ 1801. Unauthorized pressure of steam. 

A person who applies, or causes to be applied, to a steam boiler 
£ higher pressure of steam than is aWo^^A^ Vj \«:«, ot Vj the 

382 



Art 172] PUBLIC SAFETY [§§ 1892-1894 

inspector, officer or person authorized to limit the pressure of 
steam to be applied to such boiler, is guilty of a misdemeanor. 

DeriTatioBt Paud Code, § 360. 

§ 1802. Generation of unsafe amount of steam. 

A captain or other person haviug charge of the machinery oar 
boiler of a steamboat, used for the conveyance of passengers, in 
the waters of this state, who from ignorance or gross neglect, or 
for the purpose of increasing the speed of the boat, creates, or 
causes to be created, an undue and unsafe pressure of steam, 
is guilty of a misdemeanor. 

Berivatlomt Penal Code, J 361. 
Peopl* ▼. Jenkins, 1 Hill, 467. 

§ 1808. Mismanagement of steam boilers. 

An engineer or other person having charge of a steam boiler, 
steam engine^ or other apparatus for generating or employing 
steam, employed in a railway, manufactory, or other mechanical 
works, who, wilfully or from ignorance or gross neglect, creates 
or allows to be created such an undue quantity of steam as to 
burst the boiler, engine or apparatus, or cause any other accident 
whereby human life is endangered, is guilty of a misdemeanor. 

BeriTatiomt Penal Code, 9 362. 

§ 1894. Explosives and combustibles. 

A person who makes or keeps gunpowder, nitro-glycerine, or 
any other explosive or combustible material, within a city or vil- 
lage, or carries such materials through the streets thereof, in a 
quantity or manner prohibited by law or by ordinance of the city 
or village, is guilty of a misdemeanor. 

A person who manufactures gunpowder, dynamite, nitro-glyo- 
erine, liquid or compressed air or gases, except acetylene gas and 
other gases used for illuminating purposes, naphtha, gasoline, ben- 
zine or any explosive articles or compounds, or manufactures am- 
munition, fireworks or other articles of which such substances are 
component parts in a cellar, room, or apartment of a tenement or 
dwelling-house or any building occupied in whole or in part by 
pe/sons or families for living purposes, is guilty of a misdemeanor. 

And a person who, by the careless, negligent, or unauthorvTad 
use or management of gunpowder or other explo^ivo «vife^\;wwi«^ va^ 



QQO 



§ 1895] PUBLIC SAFETY [Art. 172 

jures or oocasions tlie injury of the person or property of another, 
is punishable by imprisonment for not more than two years. 

Any person or persons who shall knowingly present, attempt to 
present, or cause to be presented or offered for shipment to any 
railroad, steamboat, steamship, express or other company engaged 
tas common carrier of passengers or freight, dynamite, nitro- 
glycerine, powder or other explosives dangerous to life or limb, 
without revealing the true nature of said explosives or substance 
so offered or attempted to be offered to the company or carrier 
to which it shall be preeented, shall be guilty of a felony, and 
upon conviction, shall be fined in any sum not exceeding one 
thousand dollars and not less than three himdred dollars, or im- 
prisonment in a state prison for not less than one noi; more than 
five years, or be subject to both such fine and imprisonment. 

Nothing in this section contained shall be construed to prohibit 
or forbid the manufacture and sale of soda-water, seltzer^water, 
ginger ale, carbonic or mineral water, or the charging with liquid 
carbonic acid gas of such waters or ordinary waters, or of beer, 
wines, ales or other malt and vinous beverages in such cellar, room 
or apartment of a tenement or dwelling-house, or any building 
occupied in whole or in part by persons or families for living 
purposes. 

DeriTatioiis Penal Code, 9 3S9, as amended L. 1887, ch. 689; L. 1900, 
ch. 494; L. 1902, ch. 486. 

Heeg V. Licht (1880), 80 N. Y. 579, 36 Am. Rep. 654, 8 Abb. N. C. 355. 
rev'g .16 Hun, 257; Van Orden v. Robinson (1887), 45 Hun, 570; People 
V. Lichtman (1902), 173 N. Y. 63, rev'g 65 App. Div. 76, 72 N. Y. Supp. 
511; People v. Murray (1902), 76 App. Div. 118, 121, 78 N. Y. Supp. 721; 
see also Bradley v. People, 56 Barb. 72; Rhodes v. Dunbar, 57 Pa. St. 274. 



§ 1895. Endangering life by maliciously placing explosive 
near building. 

A person, who places in, upon, under, against, or near to any 
building, car, vessel or structure, gunpowder or any other explo- 
sive substance, with intent to destroy, throw down, or injure the 
whole or any part thereof, under such circumstances, that, if th* 
intent were accomplished, human life or safety would be «^ 
dangered thereby, although no damage is done, is guilty of 4 
felony and upon conviction shall be punished by imprisomnent in a 
state prison for not more than twenty-five years. (Amended bj 
L. 1914, ch. 362, in effect Sept. 1, 1914.) 
DerlTAtloiii Penal Code, § 465. 

884 



Art 172] PUBLIC Sx\FETY [§§ 1896-1897 



§ 1806. Making and disposing of dangerous weapons. 

A person who manufactures, or causes to be manufactured, or 
eells or keeps for sale, or offers, or gives, or disposes of any in- 
strument or weapon of the kind usually known as a blackjack, 
slungshot, billy, sandclub, sandbag, bludgeon, or metal knuckles, 
to any person ; or a person wlio offers, sells, loans, leases, or gives 
any gun, revolver, pisftol or other fire-arm or any air-gun, spring- 
gun or other instrument or weapon in which the propelling force 
is a spring or air or any instrument or weapon commonly known 
as a toy pistol or in or upon which any loaded or blank cartridges 
are used, or may be used, or any loaded or blank cartridges or 
ammunition therefor, to any person under the age of sixteen 
years, is guilty of a misdemeanor. (Amended by L. 1911, ch. 
195, in effect Sept. 1, 1911.) 

DerivatioBs Penal Code. $ 409. as amended L. 1884. ch. 46; L. 1889, 
ch. 140; U 1889, ch. 603; L. 1900. ch. 222; L. 1905. ch. 92. 

§ 1897. Carrying and use of dangerous weapons. 

A person who attempts to use aorainst another, or who carries, 
or possesses, any inatrmnent or weapon of the kind commonly 
known as a blackjack, slungshot, billy, sandclub, sandbag, metal 
knuckles, bludgeon, or who, with intent to use the same unlaw- 
fully against another, carries or possesses a dagger, dirk, danger- 
ous knife, razor, stiletto, or any other dangerous or deadly instru- 
ment or weapon, is guilty of a misdemeanor, and if he has been 
previously convicted of any crime he is guilty of a felony. 

A person who carrie? or possesses a bomb or bombshell, or who, 
with intent to use the same imlawfully against the person or prop- 
erty of another, carries or possesses any explosive substance, is 
guilty of a felony. 

Any person under the age of sixteen years, who shall have, carry, 
or have in his possession, anv of the articles named or described 
in the last section, which is forbidden therein to offer, sell, loan, 
lease or give to him, shall be guilty of a juvenile delinquency. 

Any person over the ago of sixteen years, who shall have in his 
posfiession in any city, village or town of this state, any piftol, 
revolver or other firearm of a size which may be concealed upon 
the person, without a written license therefor, issued to him as 
hereinafter prescribed, shall be guilty of a misdemeanor, and if 
he has been previously convicted of any crime he shall be guilty 
of u felony. 

885 



§ l-OT] PUBLIC HEALTH [Art. 172 

Any person over the age of sixteen years, who shall have or carry 
concealed upon his person in any city, village, or towTi of this state, 
any pistol, revolver, or other firearm without a written license therefor, 
issued as hereinafter prescribed and licensing such possession and con- 
cealment, shall be. guilty of a misdemeanor, and if he has been pre- 
viously convicted of ^ny crime he shall be guilty of a felony. 

Any person not a citizen of the United States, unless authorized by 
license issued as hereinafter prescribed, who shall have or carry fire- 
arms, or any dangerous or deadly weapons in any place, at any time, 
shall be guilty of a misdemeanor, and if he has been previously con- 
victed of any crime he shall be guilty of a felony. 

It shall bo the duty of the police commissioner in the city of New 
York and of any magistrate elsewhere in this state to whom an appli- 
cation therefor is made by a commissioner of correction of a city or 
by any warden, superintendent or head keeper of any state prison, 
penitentiary, workhouse, county jail or other institution for the deten- 
tion of persons convicted of or accused of crime, or offences, or held as 
witnesses in criminal cases, to issue to each of such persons as may be 

designated in such application and who is in the regular employ in 
such institution of the state, or of any county, city, town or village 
therein, a license authorizing such person to have and carry concealed 
a pistol or revolver while such person remains in the said employ. 

It shall be the duty of the police commissioner in the city of New 
York and of any magistrate elsewhere in this state, upon application 
therefor, by any householder, merchant, storekeeper or messenger of 
any banking institution or express company in the state, and provided 
such police commissioner or magistrate is satisfied of the good moral 
character of the applicant, and provided that no other good cause exists 
for the denial of such application, to issue to such applicant a license 
to have and possess a pistol or revolver, and authorizing him (a) if a 
householder, to have such weapon in his dwelling, and (b) if a mer- 
chant, or storekeeper, to have such weapon in his place of business, 
and (c) if a messenger of a banking institution or express company, 
to have and carry such weapon concealed while in the employ of such 
institution or express company. 

In addition, it shall be lawful for the police commissioner in the city 
of New York or any magistrate elsewhere in this state, upon proof 
before him that the person applying therefor is of good moral character, 
and that proper cause exists for the issuance thereof, to issue to such 

385a 



Art 172] PUBLIC SAFETY [§ 1897-a 

person a license to have and carry concealed a pistol or revolver without 
regard to employment or place of possessing such weapon, provided, 
iiowever, that no such license shall be issued to any alien, or to any 
person not a citizen of and usually resident in the state of New York, 
except by the police commissioner in the city of New York and else- 
where by a judge or justice of a court of record in this state, who shall 
state in such license the particular reason for the issuance thereof, 
and the names of the persons certifying to the good moral character 
of the applicant. 

Any license issued in pursuance of the provisions of this section may 
be limited as to the date of expiration thereof and may be vacated and 
cancelled at any time by tlie police commissioner, magistrate, judge or 
justice who issued the same, or, elsewhere than in the city of New York, 
by any judge or justice of a court of record. The conviction of a li- 
censee of a felony in any part of the state shall operate as a revocation 
of the license. Any license issued in pursuance of this section and not 
otherwise limited as to place or time or possession of such weapon, shall 
be effective througliout the state of New York, notwithstanding the 
provisions of any local l^w or ordinance. 

This section shall not apply to the regular and ordinary transporta- 
tion of firearms as merchandise, nor to sheriff s,i policemen, or to other 
duly appointed peace officers, nor to duly autliorized military or civil 
organizations, when parading, nor to ttie members thereof when going 
to and from the place of meeting of their respective organizations. 
(Amended by L. 1911, ch. 195; L. 1913, ch. 608; L. 1915, ch. 390; 
L. 1917, ch. 580, in effect May 21, 1917.) 

DeriTfttiont Penal Code, § 410, as amended L. 1884, ch. 4G; L. 1889, 
ch 140; L. 1905, ch. 92; L. 1908, ch. 9.3. 

Taranto v. Xorth German Lloyd Steamship Co. (1908), 128 App. Div. 75; 
People* V. Carvelto (1908), 123 App. Div. 822, 108 X. Y. Supp. 126; People 
V. Demorio (1908), 123 App. Div. 665, 108 X. Y. Supp. 24. 

§ 1897-a. Possession, selling, carrying and use of firearm 
silencers. 

A person who has in his possession, sells or keeps for sale, or offers, 
or gives or di.sposes of, any instrument, attachment, weapon or appli- 
ance for causing the firing of any gun, revolver, pistol, or other fire- 
arms to be silent or intended to lessen or muffle the noise of tlie firing 
of any gun, revolver, pistol, or other firearms shall be guilty of a felony, 
punishable by imprisonment for not more than five years. 

385b 



§§ 1898-1899] PUBLIC SAFETY [Art. 172 

This section shall not apply to the regular and ordinary transporta- 
tion by common carriers of any instrument, attachment, weapon or 
appliance for causing the firing of any gun, revolver, pistol or other 
firearms to be silent or intended. to lessen or muffle the noise of the 
firing of any gun, revolver, pistol or other firearms, as merchandise, 
nor to sheriffs, policemen, or to other duly appointed peace officers, nor 
to duly authorized military or civil organizations, nor when parading, 
nor to the members thereof when going to and from the place of meet- 
ing of their respective organizations, nor to duly authorized military or 
civil organizations in practice. (Added by L. 1916, ch. 137; amended 
by L. 1917, ch. 287, in effect April 30, 1917.) 

§ 1898. Possession, presumptive evidence. 

The possession, by any person other than a public officer, of any of 
the weapons specified in section eighteen hundred and ninety-seven 
of this chapter, concealed or furtively carried on the person, or of the 
possession of any instrument specified in the last preceding section 
except as permitted therein, is presumptive evidence of carrying, or 
concealing, or possessing, with intent te^nse the same in violation of 
this article. (Amended by L. 1916, ch. 137; L. 1917, ch. 287, in effect 
April 30, 1917.) 

DeriTation: Penal Code, § 411. 

People V. Cannon (1893), 139 N. Y. 32, afTg 63 Hun, 306, 18 N. Y. Supp. 
25: People v. Adams (1903), 176 N. Y. 361, afTg 85 App. Div. 390, 83 N. 
Y. Supp. 481; People v Carv^elto (1908), 123 App. Div. 822, 108 N. Y. 
Supp. 126; Taranto v. North German Lloyd Steamship Co. (1908), 128 
App. Div. 75 ; see also People v. Izzo, 14 N. Y. Supp. 907. 

§ 1899. Destruction of dangerous weapons. 

The unlawful carrying of a pistol, revolver, or other firearm, or of 
an instrument or weapon of the kind usually known as blackjack, 
bludgeon, slungshot, billy, sandclub, sandbag, metal knuckles, or of 
a dagger, dirk, dangerous knife, or any other dangerous or deadly 
weapon, by any person save a peace officer, is a nuisance and such 
weapons are hereby declared to be nuisances, and when any one or 
more of the above described instruments or w^eapons shall be taken from 
the possession of any person the same shall be surrendered to the sheriff 
of the county wherein the same shall be taken, except that, in cities of 
the first class the same shall be surrendered to the head of the police 
force or department of said city. The officer to whom the same may 
be so surrendered shall, except upon certificate of a Judge of a court 
of record, or of the district attorney, that the non-destruction thereof 
is necessary or proper in the ends of justice, proceed at such time 
or times as he deems proper, and at least once in each year, to 
destroy or cause to be destroyed any and all such weapons or 
instruments, in such manner and to such extent that the same 
shall be and become wholly and entirely ineffective and useless 

386 



Art. 172] PUBLIC SAFETY [?§ 1900-1902 

far the purpose for which destined and harmless io human life or 
limb. (Am'd by L. 1911, oh. 195, in effect Sept. 1, 1911.) 

D«riTmtiMii Penal Code, 9 411a, added L. 1907, eh. 682. 

§ 1000. Negligently managing and refusing to extinguish 
fires. 

A person who: 

1. Wilfully or negligently sets fire to, or assists another to set 
fire to any waste or forest lands belonging to the state or to an- 
other person whereby such forests are injured or endangered ; or, 

2. Negligently sets fire to his own woods, by means whereof the 
property of another is endangered ; or, 

3. N^ligently suffers any fire upon his own land to extend be- 
yond the limits thereof; or, 

4. Having been lawfully ordered to repair to a place of a fire 
in the woods, and to assist in extinguishing it, omits without law- 
ful excuse to comply with the order, 

Is guilty of a misdcmpanor. 

DeiiTations Penal Code, § 413, as amended L. 1802, eh. 602. 



§ 1901. Obstructing attempts to extinguish fires. 

A person who at any burning of a building is guilty of any dis- 
obedience to lawful orders of a public officer or fireman, or of 
any resistance to, or interference with, the lawful efforts of a 
fireman or company of firemen, to extinguish the same, or of 
any disorderly conduct likely to prevent the same from being ex- 
tinguished, or who forbids, prevents or dissuades others from as- 
sisting to extinguish the same, is guilty of a misdemeanor. 

DeriTfttiont Penal Code, § 414, as amended L. 1892, ch. 602. 

§ 1002. Unauthorized manufacture, sale or use of illuminat- 
ing oils. 

A person who violates any provision of the general business 
law, relating to the standard, manufacture, sale, use or storage of 
any oil or burning fluid, wholly or partly composed of naphtha, 
csoal oil, petroleum or products manufacturod therefrom, or of 
other substance or materials which will flash at a temperature 
below one hundred degrees Fahrenheit, or relating to the burn- 
ing or carriage of any such oil or fluid wliic\i m\\ \gc^\\.^ ^\. ^ 

387 



§§ 1903-1904] PUBLIC SAFETY [ART. 172 

temperature below three hundred degrees Fahrenheit, is guilty of 
a misdemeanor. 

DeriTation: Penal Code, § 427, as added L. 1896, ch. 551. 



§ 1903. Violating law to prevent conflagrations. 

A person who violates any of the provisions of section three hun- 
dred and six of the general business law is guilty of a misdemeanor. 

Derivation: Penal Code, § 428, added L. 1896, ch. 551. 

§ 1904. Ice cutting and ice bridges. 

A person or corporation cutting ice in or upon any waters 
within the boundari^ of this state for the purpose of removing 
the ice for sale or use, must surround the cuttings and openings 
made with fences or guards of boards or other material sufficient 
to form an obstruction to the free passage of persons through such 
fences or guards into the place where such ice is- being cut. Such 
fences or guards must be erected at or before the time of com- 
mencing the cuttings or openings, and must be maintained until 
ice has again formed therein to the thickness of at least three 
inches, or until the ice about such openings has melted or broken 
up. Whoever omits to comply with this section is guilty of a 
misdemeanor. 

A person who cuts, loosens or detaches from any bay, estuary, 
inlet, or main, or island shore of the Saint Lawrence river, within 
the jurisdiction of this state, any field of ice, or large body of 
ice, which, when so loosened pr detached forms or is likely to 
form a bridge or passage way between an island of the river and 
the main shore, or between any islands of such river, is guilty 
of a misdemeanor. The sheriff of the county of Saint Lawrence 
may appoint one or more deputies to patrol the Saint Lawrence 
river within the county at such times as shall seem to him proper, 
and to arrest any persons found engaged in a violation of this sec- 
tion ; the fees and expenses of such deputies for such services shall 
be a county charge against said county, and shall be audited and 
paid in the same manner as other county charges. 

Derivation: Penal Code, S 429, as amended L. 1894, en. 753; L. 1900, eh. 

5S4; L. 1905, ch. 326. 

Sickles T. N. Jert^ Ice Ck>. (1897), 153 N. Y. 83, r«T'g 80 Hun, 81S, M 
N, y. 8upp. 10. 

888 



Art 172] PUBLIC SAFETY [§§ 1905-1906 

§ 1905. Fire-escapes in hotels. 

A person who: 

1. Being the owner, lessee, proprietor or manager of a hotel, 
fails to comply with the law relative to providing or keeping ap- 
pliances to be used as fire-escapes; or, 

2. Being the chief engineer or officer performing the duties 
of such in any city or village neglects to make or cause to be made 
the inspection required by law to be made touching fire-escapes 
in hotels, 

Is guilty of a misd^neanor. 

DeriTatiomt P^nal Code, § 447b, added L. 1896, ch. 551. 



§ 1906. Discharging fire-arms. 

A person who, otherwise than in self defense, or in the dis- 
charge of official duty: 

1. Wilfully discharges any species of fire-arms, air-gun or other 
weapon, or throws any other deadly missile in a public place or 
in any place where there is any person to be endangered thereby, 
although no injury to any person ensues ; or, 

2. Intentionally, without malice, points or aims any fire-arm 
at or toward any other person; or, 

3. Discharges, without injury to any other person, fire-arms, 
while intentionally without malice, aimed at or toward any per- 
son ; or, 

4. Maims or injures any other person by the discharge of any 
fire-arm pointed or aimed intentionally, but without malice, at 
any such person, 

Is guilty of a misdemeanor. 

A person who leaves the state, with intent to elude any pro- 
vision of this section, or to commit any act without the state, 
which is prohibited by this section, or who, being a resid'ent of 
this state, does any act without the state, which would be punish- 
able by the provisions of this section, if committed within the 
state, is guilty of the same offense and subject to the same pun- 
ishment, as if the act had been committed within this state. 

No person shall be excused from giving evidence upon an in- 
vestigation or prosecution for any of the offenses specified in 
this section, upon the ground that the evidence might tend to 



QfiO 



J§ 1907-1909] PUBLIC SAFETY [Art. 172 

convict him of a crime. But auch evidence shall not be received 
against him upon any criminal proceeding. 

DerlTationt First par., Penal Code, 9 468, as amended L. 1898, oh. 09S; 
second par.. Penal Code, 9 461 ; third par., Penal Code, S 469. 

§ 1907. Driving vehicles and animals on sidewalks. 

A person who wilfully and without authority or necessity drives 
any team, vehicle, cattle, sheep, horse, swine or other animal along 
or upon a sidewalk is punishable by a fine of fifty dollars, or im- 
prisonment in the county jail not exceeding thirty days, or both. 

DeriTationt Penal Code, S 652, in part, as amended L. 1897, eh. 267. 
For remainder of section, see § 1008, post. 

Moore v. Gadsden (1883), 93 N. Y. 13; Fisher v. Village of Cambridge 
(1892), 133 N. Y. 627; Fuller v. Redding (1896), 16 Misc. 634, 39 N. Y. 
8upp. 109; Lechner v. Village of Newark (1896), 19 Misc. 452, 44 N. Y. 
Supp. 556; People v. Meyer (1899), 26 Misc. 117, 56 N. Y. Supp. 1097, 
14 N. Y. Cr. 57. 

§ 1908. Driving vehicles and teams on side-paths. 

A person who wilfully and without authority or necessity drives 
any team or vehicle, except a bicyde, upon a side-path, or wheel- 
way, constructed by or exclusively for the use of bicyclists, and 
not constructed in a street of a city, is punishable by a fine of not 
more than fifty dollars, or imprisonment not exceeding thirty 
days, or both. 

DeiiTationi Penal Code, S 652, in part, as amended L. 1897, eh. 207. 
For remainder of section, see § 1907, ante. 

See Cases under Section 1907. 



§ 1009. Riding bicycle on sidewalk or toot-path. 

A person who wilfully and without authority rides a bicycle 
upon a sidewalk or foot-path constructed, maintained, or allowed 
to remain for the exclusive use of pedestrians, in any street where 
a side-path for bicycles is maintained outside of an incorporated 
city or village, is guilty of a misdemeanor, punishable by a fine 
of not more than twenty-five dollars, or by imprisonment for not 
more than twenty days, or both. 

]>MriTations Penal Code, S 652a, added L. 1901, ch. 560. 
People y. Schermerhorn (1908), 59 Misc. 149, 112 N. Y. Supp. 

390 



Art 1781 PUBLIC SAFETY [§§ 1910.1918 

§ 1910. Endangering life by refusal to labor. 

A person, who wilfully and maliciously, either alone or in 
combination with others, breaks a contract of service or hiring, 
knowing, or having reasonable cause to believe, that the probable 
consequence of his so doing will be to endanger human life, or to 
cause grievous bodily injury, or to expose valuable property to 
destruction or serious injury, is guilty of a misdemeanor. 

]>erivatiom: Penal Code, § 673. 

Adams v. People (1848), 1 N. Y. 173; People v. Marine Court (1876), 
6 Hun, 214; Western, etc. Coal Co. v. Kilderhoiise (1882), 87 N. Y. 435; 
People V. Lyon (1885), 99 N. Y. 219; 3 N. Y. Cr. 161, rev'g 33 Hun, 628; 
People V. Marra (1886), 4 N. Y. Cr. 304; People v. Bliven (1889), 112 N. 
Y. 79; People v. Martin (1902), 38 Misc. 67, 74, 76 N. Y. Supp. 963; see 
also People v. Lane, 1 Edm. Sel. Cas. 116; Langdon v. New York, etc. R. 
Co., 9 N. Y. Supp. 246; Murphy v. English, 64 How. Pr. 362; People v. 
Wilson, 3 Park, 199; Com. y. White, 123 Mass. 430, 25 Am. Rep. 116; 
Wisconsin v. Pelican Ins. Co., 127 U. S. 265. 

§ 1911. Injury to life-saving apparatus. 

Any person molesting, damaging, destroying, stealing, or in 
any way wrongfully withholding or interfering with the life- 
bnoys, life-ladders, rubber or cork life-preservers, boats, or other 
life saving apparatus, or of the flags, pennants, signs, badges of 
office, buttons or medals of any humane or life saving association 
of the state of New York, shall be guilty of a misdemeanor. 

Momi Penal Code, § 674g, added L. 1S99, eh. 327. 



§ 1912. Procuring liquor for persons to whom sale is forbid- 
den by the liquor tax law. 

The purchase or procurement of liquor for any person to whom 
it is forbidden to sell liquor under section twenty-nine of the 
liquor tax law, is a misdemeanor, punishable upon conviction, by 
a fine of not less than ten dollars or by imprisonment not exceed- 
ing six months, or by both such fine and imprisonment. 

D«HvatioaLi Liquor Tax Law (L. 1896, eh. 112), § 40, in part, as 
laended L. 1S97, eh. 312, 9 28. 

§ 1913. Employment by common carrier of person addicted 
to intoxication. 

Any person or officer of an association or corporation en^^g^id 
in the businesis of oonveying passengers or property ioT \m^ ^Vc> 

OfkH 



§ 1914] PDBLIO SAPETU p&t 178 

IsEall employ in fhe ocni(3ii8t d radi hoAmm, ts an emsineer, fire- 

man, oonductor^ switch-tender, train dispatcher, telegrapher, com- 
mander, pilot, mate, fireman or in other like capacity, so that 
by his neglect of duty the safety and security of life, person or 
property so conveyed might be imperiled, any person who habitu- 
ally indulges in the intemperate use of liquors, after notice that 
such person has been intoxicated, while in the active service of 
such person, association or corporation, shall be guilty of a mis- 
demeanor. 

DeviTatlont Liquor Tax Law (L. 1896, eh. 112), i 41. 

§ 1914. Sale of pistols, revolvers and other firearms. 

No pistol, revolver or other firearms of a size which may be 
concealed upon the person, shall be sold, or given away, or other- 
wise disposed of, except to a person expressly authorized under 
the provisions of section eighteen hundred and ninety-seven of the 
penal law to possess and have such firearm. 

Any person selling or disposing of such firearm in violation' of 
this provision of this section shall be guilty of a misdemeanor. 

Every person selling a pistol, revolver or other firearm of a size 
which may be concealed upon the person, whether such seller is a 
retail dealer, pawnbroker, or otherwise, shall keep a register in 
which shall be entered at the time of sale, the date of sale, name, 
age, occupation and residence of every purchaser of such a pistol, 
revolver or other firearm, together with the calibre, mako, model, 
manufacturer's number or other mark of identification on such 
pistol, revolver or other firearm. Such person shall also, before 
delivering the same to the purchaser, rc^juire such purchaser to 
produce a license for possessing or carrying the same, a-s reqiiirfl 
by law, and shall also enter in such register the date of such per- 
mit, the number thereon, if anv, and the name of the magistrate 
or other oflicer by whom the same was issued. Every person who 
shall fail to keep a register and to enter therein the faots re- 
quired by this section, or who shall fail to exact the production of 
a permit to possess or carry such pistol, revolver or other firearm, 
if such permit is required bv law, shall be guilty of a misde- 
meanor. Fuch register shall be open at all reasonable hours for 
the inspection of any peace officer. Every person becoming the 
lawful possessor of such a pistol, revolver or other firearm, who 
shall sell, give or transfer the same to another person without 
first notifying the j)olice authorities, shall be guilty of a misde- 
meanor. This section shall not apply to wholesale dealers. 
(Added by L. 1911, ch. 195, and amended by L. 1913, ch. 608, 
in effect Sept. 1, 1913.) 

392 



Art. 1741 PUNISHMENT [§ 1930 






ARTICLE 174. 



Bumov 1930. What persons are punishable criminally. 

1931. Punishments, how determined. 

1932. Punishment of corporation convicted of felony. 

1933. Punishment of acts committed out of the state. 

1934. Punishment of accessory to felony. 

1935. Punishment of felonies when not fixed by statute. 

1936. Punishment of accessory to misdemeanor. 
193/. Punishment of misdemeanors when not fixed by statute. 
1938. Punishment when different penalties are provided by different 

provisions of law. 
j 1939. Mitigation of punishment in certain cases. 

1940. Punishment for felony when person convicted has been pre- 
viously convicted of a misdemeanor. 

1941. Punishment for second offense of felony or petit larceny. 

1942. Punishment for fourth conviction of felony. 

1943. [Renumbered by L. 1909, ch. 524.] 

§ 1930. What persons are punishable criminally. 

The following persons are liable to punishment within the state : 

1. A person who commits within the state any crime, in whole 
or in part ; 

2. A person who commits without the state any offense which, 
if committed within the state, would be larceny under the laws of 
the state, and is afterwards found, with any of the property stolen 
or feloniously appropriated within this state; 

3. A person who, being without the state, causes, procures, 
aids, or abets another to commit a crime within the state; 

4. A person who, being out of this state, abducts or kidnaps 
by force or fraud, any person contrary to the laws of the place 
where such act is committed, and brings, sends or conveys such 
person within the limits of this state, and is afterwards found 
therein ; 

5. A person who, beinc: out of the state and with intent to 
cause within it a result contrary to the laws of this state does an 
act which in its natural and usual course results in an act or effect 
contrary to its laws. 

BevftTfttiMii Penal Code, {16. 



§§ 1931-1934] PUNISHMENT [Art 174 

§ 1931. Punishment, how determined. 

Whenever in this chapter the punishment for a crime is left 
undetermined between certain limits, the punishment to be in- 
flicted in a particular case must be determined by the court au- 
thorized to pass sentence, within such limite as may be prescribed 
by this chapter. 

Derivation: Penal Code, § 13, in part, as amended L. 1802, ch. 218. 
For remainder of section, see § 1932, post. 

People V. Bauer (1885), 3 N. Y. Cr. 433, 37 Hun, 407; People ex rel. 
Zeese v. Hasten (1894), 79 Hun, 680, 29 N*. Y. Supp. 891. 

§ 1032. Punishment of corporation convicted of felony. 

In all cases where a corporation is convicted of an offense for 
the commission of which . natural person would be punishable 
with imprisonment, as for a felony, such corporation is punish- 
able by a fine of not more than five thousand dollars. 

DeriTfttioni Penal Code, § 13, in part, as amended L. 1802, eh. 218. 
For remainder of section, see S 1931, ante. 

See cases under sec. 1831. 

§ 1933. Punishment of acts committed out of the state. 

A person who commits an act without this state which affects 
persons or property within this state, or the public health, morals, 
oi decency of this state, and which, if committed within this 
state, would be a crime, is punishable as if the act were committed 
within this state. 

DeriTation: Penal Code, { 676. 

People V. Lyon (1886), 99 N. Y. 219, reVg. 33 Hun, 623; People ▼. Martin 
(1902), 38 Misc. 67, rey'd 77 App. Div. 396, which was affirmed in 175 N. 
Y. 316, 76 N. Y. Supp. 963. 

§ 1934. Punishment of accessory to felony. 

An accessory to a felony may be indicted, tried, and convicted, 
either in the county where he became an accessory, or in the county 
where the principal felony was committed, and whether the prin- 
cipal felon has or has not been previously convicted, or is or is not 
amenable to justice, and although the principal has been pardoned 
or otherwise discharged after conviction. 

Except in a case where a different punishment is specially pre- 
8onhed hj law, a person convicted as an accessory to a felony is 



Art 1741 PTTNISHMENT [§§ 1935.193T 

punishable by imprisonment for not more than five years, or by a 
fine of not more than five hundred dollars, or by both. 

D«riTatiMii Penal Code, f § 32, 33. 

Starin ▼. People (1871), 45 N. Y. 333; Jones ▼. People (1880), 20 Hun, 
545; People v. Ryland (1884), 97 N. Y. 126; People v. Basford (1885), S 
N. Y. Cr. 219; People t. Booth (1907), 62 Miac. 340, 102 N. Y. Supp. 02; 
See also People v. Gray, 25 Wend, 464. 

§ 193S. Punishment of felonies when not fixed by statute. 

A person convicted of a crime declared to be a felony, for 
which no other punishment is specially prescribed by this chap- 
ter, or by any other statutory provision in force at the time of 
the conviction and sentence, is punishable by imprisonment for 
not more than seven years, or by a fine of not more than one 
thousand dollars, or by both. 

DeriTfttlomt Penal Code, { 14. 

People V. Meakim (1892), 133 N. Y. 214, 8 N. Y. Cr. 308, 404, 416, aff'g 
61 Hun, 327, 15 N. Y. Supp. 917. 

§ 1036. Punishment of accessory to misdemeanor. 

When an act or omission is declared by statute to be a misde- 
meanor, and no punishment for aiding or abetting in the doing 
thereof is expressly prescribed, every person who aids, or abets 
another in such act or omission is also guilty of a misdemeanor. 

DeHTationt Penal Code, § 682. 

People V. Clark (1891), 8 N. Y. Cr. 179-198, 14 N. Y. Supp. 642. 

§ 1037. Punishment of misdemeanors when not fixed by 
statute. 

A person convicted of a crime declared to be a misdemeanor, 
for which no other punishment is specially prescribed by this 
chapter, or by any other statutory provision in foi"ee at the time 
of the conviction and sentence, is punishable by imprisonment 
in a penitentiary, or county jail, for not more than one year, 
or by a fine of not more than five hundred dollars, or by both. 

DeriTfttioat Penal Code, § 15. 

People V. McTameney (1883), 30 Hun, 505, 13 Abb. N. C. 56, 1 N. Y. Cr. 
437, 66 How. Pr. 76; People ex rel. Van Houton v. Sadler (1884), 97 N. Y. 
14e, 3 N. Y. Cr. 474; People ex rel. Devoe v. Kelly (1884U VI ^. \. ^VL^ 

395 



§§ 1938-1939] PUNISHMENT [Art. 174 

2 N. Y. Cr. 437; People ex rel. Stokes v. Risely (1885), 38 Hun, 280, 4 N. 
Y. Cr. 109; People v. Parr (1886), 4 N. Y. Cr. 645; People v. Palmer (1887), 
43 Hun, 397, 6 N. Y. Cr. 107; People v. Carter (1888), 48 Hun, 165; Loos 
V. Wilkinson (1889), 61 Hun, 74, 5 N. Y. Supp. 410; People v. Meakim 
(1892), 133 N. Y. 214, 8 N. Y. Cr. 413, aff'g 61 Hun, 327, 15 N. Y. Supp. 
917, 8 N. Y. Cr. 308; People v. Christy (1802), 65 Hun, 349, 20 N. Y. 
Supp. 278, 8 N. Y. Cr. 482; People v. Madill (1895), 11 N. Y. Cr. 136, 91 
Hun, 162, 36 N. Y. Supp, 1130; Matter of Vanderhoff (1896), 15 Misc. 434, 
36 N. Y. Supp. 833; People v. Knatt (1898), 156 N. Y. 305, rev*g 19 App. 
Div. 628, 46 N. Y. Supp. 1098; People ex rel. Frank v. Keeper (1902), 38 
Misc. 238, 77 X. Y. Supp. 145; People v. Olcese (1903), 41 Misc. 102, 83 
N. Y. Supp. 973; People ex rel. Lodes v. Dept. of Health (1907), 117 App. 
Div. 858, 103 N. Y. Supp. 276; People v. Schermerhorn (1908), 69 Misc. 
148, 112 N. Y. Supp. 222; see also Burns v. Norton, 35 N. Y. St. 418, 15 N. 
Y. Supp. 75; Matter of Hallenbeck, 65 How. 601, 1 N. Y. Cr. 437. 

§ 1038. Punishment when different penalties are provided by 

different provisions of law. 

An act or omission which is made criminal and punishable in 
different ways, by different provisions of law, may be punished 
under any one of those provisions, but not under more than one ; 
and a conviction or acquittal under one bars a prosecution for 
the same act or omission under any other provision. 

Derivation: Penal Code, § 677. 

Polinsky v. People (1877), 11 Hun, 390, aff'd 73 N. Y. 65; People ex rel. 
McDonald v. Keeler (1885), 99 N. Y. 475, rev*g 32 Hun, 563; People v. 
Krank (1S88), 110 N. Y. 488, rev'g 46 Hun, 632; People v. Christy (1892), 
65 Hun, 352, 20 N. Y. Supp. 278, 8 N. Y. Cr. 483; see also Blatchley v. 
Moser, 15 Wend. 215; People v. Church, 1 How. Pr. (N. S.) 366, citing 1 
Bish. Crira. Law (7th Ed.) 778; City of Brooklyn v. Toynbee, 31 Barb, 282; 
Mayor v Hyatt, 3 E. D. Smith, 156; Rogers v. Jones, 1 Wend, 261; People v. 
Stevens, 15 Wend. 341; Mayor v. Allaire, 14 Ala. 404; Huffsmith v. People, 
8 Colo. 175, 54 Am. Rep. 550; McRea v. Mayor, 59 Ga. 168, 27 Am. Rep. 
390; Bobbins v. People, 95 111. 178; Wragg v. Penn. Township, 94 HI. 23; 
Waldo V. Wallace, 12 Ind. 584; Shafer v. Mumma, 17 Md. 331; State v. 
Lee, 29 Minn. 445; Brownsville v. Cook, 4 Neb. 105; State v. Sly, 4 Oreg. 
278, 279; State v. Bergman, 6 Oreg. 343; State v. Williams, 11 S. C. 292; 
State V. Hamilton, 3 Tex. App. 643; McLaughlin v. Stevens, 2 Cranch, C. C. 
149; Howe v. Plainfield, 8 Vroom, 150; Greenwood v. State, 6 Baxt. 567, 
32 Am. Rep. 539; Hughes v. People, 7 Crim. L. Mag. 280, 285, note; Com. v. 
Trichey, 13 Allen, 559; Com. v. McConnell, 11 Gray, 204; Reg. v. Gilmore, 15 
Cox Cr. Cas. 85, 36 Eng. Rep. 500. 

§ 1930. Mitigation of punishment in certain cases. 

Where it appears, at the time of passing sentence on a person 
convicted that he has already paid a fine or suffered an imprison* 

3«e 



znent for the act of which he stands convicted, under an order 
adjudging it a contempt, the court, passing sentence, may mitigate 
the punishment to be imposed, in its discretion. 

I>exlTatiomt Penal Code, S 681. 

§ 1940. Punishment for felony when person convicted has 
been previously convicted of a misdemeanor. 

A person, who, having been convicted within this state of a 
misdemeanor, afterwards commits and is convicted of a felony, 
must be sentenced to imprisonment for the longest term prescribed 
for the punishment upon a first conviction for the felony. 

I>eriTatiomt Penal Code, § 689. 

§ 1041. Punishment for second offense of felony or petit 
larceny. 

A person, who, after having been convicted within this state, 
of a felony, or an attempt to commit a felony, or of petit larceny, 
or, under the laws of any other state, government, or country, 
of a crime which, if committed within this state, would be a 
felony, commits any crime, within this state, is punishable upon 
conviction of such second offense, as follows: 

1. If the subsequent crime is such that, upon a first conviction, 
the offender might be punished, in the discretion of the court, by 
imprisonment for life, he must be sentenced to imprisonment in a 
state prison for life; 

2. If the subsequent crime is such that, upon a first conviction, 
the offender would be punishable by imprisonment for any term 
less than his natural life, then such person must be sentenced to 
imprisonment for a term not less than the longest term, nor more 
than twice the longest term, prescribed upon a first conviction. 

DeriTatiomt Penal Code, $ 688. 

People V. Gibson (1876), 6 Hun, 642; People v. Raymond (1884). 32 Hun, 
123, 96 N. Y. 38; People v. Cook (18S7). 45 Hun, 37; People v. Price (1888), 
6 X. Y. Cr. 141, 2 N. Y. Supp. 414; People v. Price (1880), 53 Hun, 185, 6 
y. Y. Supp. 833, 119 N. Y. 650; People v. Bosworth (1892). 64 Hun. 72. 
19 X. Y. Supp. 114, 45 N, Y. St. 512; People v. Sickles (1898), 156 N. Y. 
641. 13 N. Y. Cr. 277, aff'g 26 App. Div. 470. 50 N. Y. Supp. 377; Kenny, 
People ex rel. v. Creamer (1898), 23 Misc. 13, 49 N. Y. Supp. 1037, 30 App. 
DiT. 624, 53 N. Y. Supp. 1111; People v. Reilly (1900), 49 App. Div. 218. 
S3 K. Y. Supp. 18, 14 N. Y. Or. 458, aff'g 164 N. Y. 600; People v. Johnston 
(1906), 112 App. Div. 812, 99 N. Y. Supp. 561, 20 Crim. Bep. 141, see also 

8*7 



^§ 1942-1943] PUNISHMENT [Art.174 

People y. Caesar, 1 Park. 648, Parker, J.; People t. Stanley, 47 Cal. 113, 17 
Am. Rep. 401; Kelly v. People, 116 III. 683. 66 Am. Rep. 184; Chetworth ▼. 
Com. (Ky.), 12 Crim. L. Mag. 234. 

§ 1942. Punishment for fourth conviction of felony. 

A person who, after having been three times convicted within 
this state, of felonies or attempts to commit felonies, or under 
the law of any other state, government or country, of crimes 
which if committed within this state would be felonies, commits 
a felony within this state, shall be sentenced upon conviction of 
such fourth, or subsequent, offense to imprisonment in a state 
prison for the term of his natural life, but after serving a period 
of time equal to the maximum penalty prescribed for the offense 
of which he is convicted, less the usual commutation for good con- 
duct, shall become subject to the jurisdiction of the board of com- 
missioners of paroled prisoners, and may be paroled upon such 
conditions as said board may prescribe, but said board shall not 
grant an absolute discharge to such prisoner. 

DeriTationt Penal Code, § 688a, added L. 1907, eh. 045. 
People V. Fabian (1908), 126 App. Div. 95. 

§ 1943. [Renumbered § 2461 by L. 1909, Ch. 624. In e&et 
May 27, 1909,] 



898 



Art 176] QUARANTINE [§§ 1960-1961 



ARTICLE 176. 

QUARANTIHE. 

InnoN 1960. Violation of quarantine Ia¥r8 by master of vessel. 

1961. Giving false information; permitting person to land belora 

visit of health officers. 

1962. Landing from vessel before visit of health officers. 

1963. Ck>ing on board vessel at quarantine grounds without leavt. 

1964. Violating quarantine regulations. 

§ 1900. Violation of quarantine laws by master of vesseL 
A master of a vessel subject to quarantine or visitation by 

the health officer, arriving in the port of New York, who refuses 

or omits: 

1. To proceed to and anchor his vessel at the place assigned for 
quarantine, at the time of his arrival ; or, 

2. To submit his vessel, cargo and passengers, to the examina- 
tion of the health officer, and to furnish all necessary information 
to enable that officer to determine the length of quarantine and 
a^her regulations to which they ought respectively to be subject ; or, 

3. To remain with his vessel at quarantine during the period 
assigned for her quarantine, and while at quarantine to comply 
with the directions and regulations prescribed by law, and with 
such as any of the officers of health, by virtue of the authority 
given to them by law, shall prescribe in relation to his' vessel, his 
cargo, himself, his passengers or crew, 

la punishable by imprisonment not exceeding one year, or by a 
fine not exceeding two thousand dollars, or botL 

BoriTatiomi Penal Code, § 391. 

§ 1001. Giving false information; permitting person to land 
before visit of health officers. 

A master of a vessel hailed by a pilot, who: 

1. Gives false information to such pilot, relative to the condi- 
ion of his vessel, crew or passengers, or the health of the place 
iT places from whence he came, or refuses to give such informa- 
ion as shall be lawfully required; or, 

2. Lands any person from his vessel, or permits any person, 
Kzoept a pilot, to oome on board of his vessel, or unlades or trans* 

399 



§§ 1962-1964] QUARANTINE [Art. 176 

ahips any portion of his cargo, before his vessel has been visited 
and examined by the health officers; or, 

3. Approaches with his vessel nearer the city of New York 
than the place of quarantine to which he may be directed. 

Is punishable by imprisonment not exceeding one year, or by a 
fine not exceeding two thousand dollars, or by both. 

BeriTAtions Penal Loae, { 392. 

§ 1062. Landing from vessel before visit of health officers. 

A person, who, being on board any vessel at the time of her 
arrival at the port of New York, lands from such vessel, or un- 
lades, or transships, or assists in unlading or transshipping any 
portion of her cargo, before such vessel has been visited and ex- 
amined by the health officers, is punishable by imprisonment noi 
exceeding one year, or by a fine not exceeding two thousand dol- 
lars, or both. 

Derivation: Penal Code, § 393. 

§ 1063. Going on board vessel at quarantine grounds with- 
out leave. 

A person who goes on board of, or has any communication oi 
intercourse with any vessel at quarantine, or with any of the crevs 
or passengers of such vessel, without the permission of the healtl: 
officer, and every person who, without such authority, enters the 
quarantine, grounds or anchorage, is punishable by imprisonmeni 
not exceeding one year, or by a fine not exceeding two thousand 
dollars, or both; and in addition thereto he may be detained at 
quarantine so long as the health officer directs, not exceedin{ 
twenty days. And in case such person shall be taken sick ol 
any infectious, contagious or pestilential disease, during sud 
twenty days, he may be detained at the marine hospital, for sud 
further time as the health officer directs. 

Derivation: Penal Code, § 304. 

§ 1964. Violating quarantine regulations. 

A person who, having been lawfully ordered by a health office 
to be detained in quarantine, and not having been discharged 
leaves the quarantine grounds or anchorage, or wilfully violate 
any quarantine law or regulation, is guilty of a misdemeanor. 

i>«riTAti»mt Penal Code, § 305. 

400 



. 178] EAILROADS [§ 1980 



ARTICLE 178. 

BAIUIOADS. 

DON 1080, Unlawful acts of and neglect of duty by railroad officials. 

1981. Misconduct of public service commissioners and their em* 

ployees. 

1982. Person unable to read not to act or be employed as engineer; 

telegraph operators. 

1983. Misconduct of oflicials or employees on elevated railroads. 

1984. Intoxication or other misconduct of railroad or steamboat em« 

ployees. 

1985. Ringing bells and blowing whistles at crossings; obstructing 

highways. 

1986. Placing passenger cars in front of other cars. 

1987. Platforms and heating apparatus of passenger cars. 

1988. Guard posts; automatic couplers. 

1989. Inciting railroad employees not to wear uniform; unauthoriaod 

wearing of uniform. 

1990. Riding on freight trains; boarding cars in motion.; obetmoting 

passage of car. 

1991. Injuring railroad property and appurtenances; obstructing 

tracks. 

1 1080. Unlawful acts of and neglect of duty by railroad 

dais. 

in officer, agent, attorney or employee of a railroad oorpora- 

1, who: 

;. Offers a place, appointment, position or any other considera- 

I to a public service commissioner or to a secretary, clerk, 

nt, employee or expert employed by the public service com- 

Bions; or, 

. After due notice, neglects or refuses to make or furnish any 

ement or report lawfully required by the public service com- 

sions, or wilfully hinders, delays or obstructs such commis- 

ers in the discharge of their official duties, 

I guilty of a misdemeanor. 

o^TAtiomt Penal Code, § 416, as amended L. 1892, th. 602; L. 180S, 

jor, eto. T. Starin (1887), 106 N. Y. 1. 

401 



§§ 1981-1983] RAILROADS [Art. i: 

§ 1931. Misconduct of public service commissioners and the 
employees. 

Any public service commissioner, or any secretary, clerk, ager 
expert or other person employed by the public service commissior 
who: 

1. Directly or indirectly solicits or requests from or recommends 
any railroad corporation, or to any officer, attorney or agent tbere( 
the appointment of any person to any place or position ; or, 

2. Accepts, receives or requests, either for himself or for any otb 
person, any pass, gift or gratuity from any railroad corporation ; or, 

3. Secretly reveals to any railroad corporation, or to any offio< 
member, or employee thereof, any information gained by him frc 
any other railroad corporation. 

Is guilty ofa misdemeanor. 

DerlTationt PenaJ Code, § 417, as ainend«d L. 1892, ch. 692. 

■§ 1982. Illiterate employees; telegraph operators. 

It shall be a misdemeanor for any person, firm or corporation e 
gaged in the operation of a railroad within this state, whereon stea 
or electricity is used as a motive power, to employ in or about t! 
operation of any engine, train or trains any engineer, assistant en^ 
neer, fireman, engine foreman, hostler, trainman or flagman who 
imable to read the time tables of such railroad and ordinary ban 
writing in the English language or unable to speak, hear and undc 
stand the English language, or to see and understand the signi 
requirel by the book of rules governing the operations of the engin 
and trains on such railroad : or for any person, firm or corporation i 
his o\^Ti behalf, or in the behalf of any other person or corporatio 
knowingly to employ or use a person so unable to read, speak, hear d 
understand the English language, or to see and understand the signi 
aforesaid as such engineer, assistant engineer, fireman, engine for 
man, hostler, trainman or flagman ; or to employ a person as a td 
graph operator who is under the age of eighteen years, or who h 
less than one year's experience in telegraphing, to receive or trannl 
a telegraphic message or train order for the movement of trains ; pi 
vided, however, that this section shall not apply to flagman at stn 
or highway crossings. (Amended bv L. 1916, ch. 424, in effect Se] 
1, 1916.) * 

DerlTationt Penal Code, § 418, ae amended L. 1892, ch. 692; L. 19 

ch. 892. 

§ 1983. Misconduct of officials or employees on elevated n 
roads. 

Any conductor, brakeman, or other agent or employee of an elevai 
railroad, who: 

1. Starts any train or car of such railroad, or gives any sigl 
or order to any engineer or other person to start any such tri 
or car, before every passenger therein who manifests an intent! 

402 



L 178] RAILROADS [§§ 1984-1986 

lepart therefrom by arising, or moving toward the exit lhereof| 
depaxted therefrom; or before every passenger on the plat- 
en or station at which the train has stopped, who manifests a 
ire to enter the train, has actually boarded or entered the same, 
ess due notice is given by an authorized employee of such rail- 
d that th% train is full, and that no more passengers can then 
received ; or, 

!. Obstructs the lawful ingress or egress of a passenger to or 
m any such car; or, 

5. Opens a platform gate of any such car while the train is in 
tion, or starts such train before such gate is firmly closed, 
[s guilty of a misdemeanor. 

>erivmtioBS Penal Code, § 419, as amended L. 1892, ch. 692. 

g 1084. Intoxication or other misconduct of railroad or 
Kunboat employees. 

1. Any person who, being employed upon any railway as engi- 
er, conductor, baggage master, brakeman, -switch-tender, fire- 
an, bridge-tender, flagman, signal man, or having charge of 
ations, starting, regulating or running trains upon a railroad, or, 
ung employed as caprain, engineer or other officer of a vessel 
lopelled by steam, is intoxicated while engaged in the discharge 
{ any such duties ; or, 

, 2. An engineer, conductor, brakeman, switch-tender, or other 
>r, agent or employee of any railroad corporation, who wil- 
ly violates or omits his duty as such officer, agent or employee, 
which human life or safety is endangered, the punishment of 
Bch is not otherwise prescribed. 
Is guilty of a misd^nneanor. 

BerlTAtiomt Penal Code, § 420, as amended L. 1S92, ch. 692. 

§ 1085. Ringing bells and blowing whistles at crossings ; ob- 
icting highways. 

A person acting as engineer, driving a locomotive on any rail- 
ly in this state, who fails to ring the bell, or sound the whistle, 
)n such locomotive, or cause the same to be rung or sounded, 
least eighty rods from any place where such railway crosses 
'traveled road or street on the same level, except in cities, or 
eontinue the ringing of siicb be