The Penal Code of the State of New York

Front Cover
Weed, Parsons, 1865 - Criminal law - 406 pages
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Contents

Misconduct of inspectors
29
Rights of persons lawfully interfering in elections declared
30
J TITLE VI
31
Resisting officers
32
Taking fees for services not rendered
33
Bribery and corruption
39
Perjury and subornation of perjury
46
CHAPTER VI
49
FALSIFYING EVIDENCE Section 165 Offering false evidence
55
CHAPTER VII
57
Buying pretended titles
63
Mortgage of lands under adverse possession not prohibited
64
Forfeiture of office
65
Criminal contempts
66
Renewing application to stay trial of an indictment without leave
68
Disclosure of depositions returned by grand jury with presentment
69
Selling liquor in court houses or prisons or near election polls
70
Permitting attorneys name to be used
71
Substituting one child for another
72
Omission of duty by public officer
73
Disclosing fact of indictment having been found
74
False certificates by public officers
75
CHAPTER I
79
Aiding suicide
80
Homicide
81
Liability of persons making or keeping gunpowder contrary to law
87
Maiming
89
Kidnapping
93
CHILD STEALING Page
94
ATTEMPTS TO KILL
96
Shooting andassaults with deadly weapons
101
DUELS AND CHALLENGES Skction 293 Duel defined
102
Witness privilege
104
LIBEL Section 309 Libel defined
109
Rape abduction carnal abuse of children and seduction
112
ABORTIONS AND CONCEALING DEATH OP INFANT
122
Definition and punishment of child stealing
123
CHAPTER V
124
Exceptions
126
Punishment of bigamy
127
Other unlawful marriages
128
Penetration sufficient
129
Dead limb or member of a human body
130
Who aro charged with duty of burial
131
Unlawful removal of or interference with the bodies of the dead
132
Purchasing corpses forbidden
133
Disturbing funerals
134
Their character to be summarily determined
136
LOTTERIES Sicnos 370 Lottery defined
137
lottery
139
Lottery offices HO 378 Advertising lottery offices
140
3S0 Advertising offers to insure lottery tickets
141
Keeping gambling apparatus in certain places
142
purposes
145
Declared a misdemeanor 64
146
Persuading another person to visit gambling places
147
Pawnbroking without a license
148
OF OTHER INJURIES TO PERSONS Section 404 Acts of intoxicated physicians
149
Counterfeiting trade marks
151
Selling goods which bear counterfeit trade marks
152
Trade marks defined
153
Keeping such bottles with intent to refill or sell them
154
Defacing marks upon wrecked property
155
Unlawful confinement of idiots insane persons 4c
156
TITLE XII
157
Apothecary selling poison without recording the sale
158
Disposing of tainted food
170
Negligence in respect to fires
171
Engineer omitting to ring bell or Bound whistle when locomotive crosses highway
172
Using net or weir unlawfully in Hudson river
173
Racing upon highways
174
Riot defined
175
47G Rout defined
176
Remaining present at place of riot Ac after warning to disperse
177
Prize fights
178
Special duty of peace officers with respect to prize fights
179
Discharging firearms in public places
180
Selling goods by auction without tiling the bond required by the Political Code
182
Auctioneer accepting appointment as auctioneer in another state or selling in another state
183
TITLE XV
188
Section 6G9 Sale of passage tickets on vessels and railroads forbidden except by agents specially authorized
249
Company defined
253
Issuing fictitious bills of lading c
254
Section G90 Injuries to railroads
257
TITLE XVI
258
Keeping houses pits Ac for lights between animals
259
Wounding or trapping birds or destroying birds nests iu cemeteries
260
Endangering human life by placing gunpowder Ac near building
261
Injuries to standing crops Ac
262
Interfering with piers dams Ac
263
Removing any beacon in New Tork harbor
264
Disclosing contents of telegraphic dispatch
265
TITLE XVII
266
Intimidating laborers or employers
269
Publishing false messages Ac of federal or state executive
270
Acts not expressly forbidden
271
Malice and maliciously defined
272
Sending letter when deemed complete
274
Restriction upon tho preceding sections
275
Second offenses how punished after conviction of former offense
276
Foreign conviction for foreign offense
277
Imprisonment for life
278
Fine may be added to imprisonment
279
Certain terms defined in the senses in which they aroused in this Code
280
Property defined
282
Civil remedies preserved
283
CHAPTER I
288
Female convicts
290
Account to be rendered on delivering convicts
291
And how paid
292
Expenses of sueli removal
293
Manner of such removal
294
Removal of convicts in case of pestilence
295
Lands at Clinton prison
296
Rooms recpiired in county jails
297
Sheriff may remove prisoners in county jails
298
Removal in case of riot c
299
United States convicts to be received into state prisons and county jails
300
Inspectors of state prisons
301
They must furnish abstracts of returns made to them
306
They must causo property of the state to be valued
307
Power of inspectors to administer oaths
309
IIL General provisions relative to officers of the various state prisons
310
Oath of office
314
Official bond
315
Other privileged communications
317
Threatening to publish a libel
318
The wardens
319
Warden must resido nt tho prison
320
8G3 Must attend to fiscal concerns of prison
321
May mako contracts
322
Must collect debts due tho prison
323
Must provide discharged convicts with certain sums of money
324
Must furnish bibles and hymn books
325
Must keep regular accounts
326
Must render account to the inspectors
327
Must file copies of contracts
328
Must advertiso useless property for sale
329
Must instruct tho keepers
330
May suspend subordinate officers
331
Must communicate discovery of insanity of offenders to the governor
332
Penalty for negloct to make statement
333
Warden at Clinton may draw arms from state arsenal
334
The matron of the female department of the Sing Sing prison and assistant matrons
335
The clerks
337
The keepers
343
The chaplains
345
The instructors and instructress
347
The guards
348
Tiie military companies at Sing Sing and Auburn
349
The fire company at Auburn
353
The custody conduct and discipline of convicts
354
The employment of convicts
360
Commutation of sentences
371
When permits may be granted
390
APPENDIX
iii
APPENDIX
lxix
APPENDIX
xcix
Arson defined 189
cxlvii
Corruptly defined 280
cl

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Page 110 - In all criminal prosecutions for libels, the truth may be given in evidence to the jury ; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted ; and the jury shall have the right to determine the law and the fact.
Page 214 - Except in cases where a different punishment is prescribed by this code, every offense declared to be a misdemeanor is punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding five hundred dollars, or by both.
Page 18 - ... shall issue a warrant for the seizure of the forfeited articles, which, when seized, shall be sold on one day's notice, and the proceeds paid to the overseers of the poor for the use of the poor of the town or city.
Page 243 - To divide, withdraw, or in any manner, except as provided by law, pay to the stockholders, or any of them, any part of the capital stock of the corporation; or, 3.
Page 5 - The rule of the common law, that penal statutes are to be strictly construed, has no application to this code. All its provisions are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice.
Page 359 - ... the college of physicians and surgeons in the city of New York...
Page 37 - Legislature of this state who asks, receives, or agrees to receive any bribe upon any understanding that his official vote, opinion, judgment, or action shall be influenced thereby, or shall be given in any particular manner, or upon any particular side of any question or matter upon which he may be required to act in his official capacity...
Page 9 - No act committed by a person while in a state of voluntary intoxication is less criminal by reason of his having been in such condition. But whenever the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive, or intent with which he committed the act.
Page 113 - Rape is an act of sexual intercourse, accomplished with a female not the wife of the perpetrator, under either of the following circumstances: 1.
Page 57 - Every person who practices any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token, or writing, to any witness or person about to be called as a witness upon any trial, proceeding, inquiry, or investigation whatever, authorized by law, with intent to affect the testimony of such witness, is guilty of a misdemeanor.

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