Слике страница
PDF
ePub

PART III.

Section 399

amended as to testimony of parties.

Section 37, article 2, title 2, of

necessary to explain or qualify his answers thereto, or dis charge when his answers would charge himself, such adverse party may offer himself as a witness on his own behalf in respect to such new matter, subject to the same rules of examination as other witnesses, and shall be so received."

Section three hundred and ninety-nine is hereby amended by adding thereto the following: "But if the testimony of a party to the action or proceeding has been taken, and he shall afterwards die, and after his death the testimony so taken shall be used upon any trial or hearing, in behalf of his executors, administrators, heirs-at-law, next of kin, or assignees, the other party or the assignor of a thing in action, shall be a competent witness, as to any and all matters to which the testimony so taken relates, notwithstanding anything in this section contained to the contrary thereof."

$ 2. Section thirty-seven, article second, title second, chapter first, part third, of the Revised Statutes in relation to the chap. 1, and jurisdiction of the court of chancery, is hereby repealed.

pari 3, of Revised Statutes repealed.

amended as

S3. Section four hundred and seventy-one of the Code of Procedure is hereby amended by adding thereto the followSection 471 ing: "In actions or proceedings by mandamus, amendments to manda- of any mistakes in the process, pleadings or proceedings therein may be allowed, and shall be made in conformity to the provisions of chapter six, title six, of the second part of the Code of Procedure."

mus.

Chapter 460
of laws
of 1862,
amended.

$4. The four hundred and sixtieth chapter of the Laws of eighteen hundred and sixty-two, is hereby amended by striking out the characters and figures therein as follows: "§ 28, § 29, § 30."

GENERAL STATUTES

OF THE

STATE OF NEW YORK; &C.

PART IV.

ADMINISTRATION OF CRIMINAL JUSTICE.

CHAPTER I.

Crimes.

CHAP. 260.

AN ACT to punish the procurement of abortion, and for other purposes.

PASSED May 13, 1845.

The People of the State of New York, represented in Senatc

and Assembly, do enact as follows:

[$1. Repealed by Laws of 1846, ch. 22.]

ment for

S2. Every person who shall administer to any pregnant Punishwoman, or prescribe for any such woman, or advise or pro- causing, cure any such woman to take any medicine, drug, substance miscarriage or thing whatever, or shall use or employ any instruments or other means whatever, with intent thereby to procure the miscarriage of any such woman, shall, upon conviction, be punished by imprisonment in a county jail, not less than three months nor more than one year.

I N. Y., 383; 2 B., 218.

PART IV.

Penalty for soliciting and taking

S3. Every woman who shall solicit of any person any medicine, drug, or substance or thing whatever, and shall drugs, &c. take the same, or shall submit to any operation, or other means whatever, with intent thereby to procure a miscarriage, shall be deemed guilty of a misdemeanor, and shall, upon conviction, be punished by imprisonment in the county jail, not less than three months nor more than one year, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment.

Penalty for concealing

child.

S 4. Any woman who shall endeavor privately, either by death of a herself or the procurement of others, to conceal the death of any issue of her body, which if born alive would by law be a bastard, whether it was born dead or alive, or whether it was murdered or not, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by imprisonment in a county jail, not exceeding one year.

Punish

ment for second offence.

Repeal.

Administering drugs

women.

$ 5. Any woman who shall be convicted a second time of the offence specified in the fourth section of this act, shall be imprisoned in a state prison for a term not less than two or more than five years.

$ 6. Section nine, article first, title second of chapter one, of the fourth part of the Revised Statutes, and section twentyone, title six, chapter one of the fourth part of the Revised Statutes are hereby repealed.

CHAP. 22.

AN ACT to amend the "Act to punish the procurement of abortion and for other purposes," passed May 13th,

1845.

PASSED March 4, 1846.

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

$1. Every person who shall administer to any woman to pregnant pregnant with a quick child, or prescribe for any such woman, or advise or procure any such woman to take any medicine, drug or substance whatever or shall use or employ any instrument or other means with intent thereby to destroy such child, unless the same shall have been necessary to preserve the life of such mother, shall, in case the death of such child or of such mother be thereby produced, be deemed guilty of manslaughter in the second degree.

1 N. Y., 382; 2 B., 218.

S2. The first section of Chapter 260 of the Laws of 1845, entitled "An act to punish the procurement of abortion and for other purposes, is hereby repealed.

CHAP. L

CHAP. 105.

AN ACT to punish abduction as a crime.

PASSED March 20, 1848.

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

ment to be

$1. Any person who shall inveigle, entice or take away Punishany unmarried female of previous chaste character, under the inflicted. age of twenty-five years, from her father's house or wherever else she may be, for the purpose of prostitution at a house of ill fame, assignation or elsewhere, and every person who shall aid or assist in such abduction for such purpose, shall be guilty of a misdemeanor, and shall, upon conviction thereof, be punished by imprisonment in a state prison not exceeding two years, or by imprisonment in a county jail not exceeding one year: Provided, that no conviction shall be had under the Proviso. provisions of this act on the testimony of the female so inveigled or enticed away, unsupported by other evidence, nor unless an indictment shall be found within two years after the commission of the offence.

8 B., 603.

CHAP. 111.

AN ACT to punish seduction as a crime.

PASSED March 22, 1848.

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

ment for

$1. Any man, who, shall under promise of marriage, Punishseduce and have illicit connexion with any unmarried female seduction. of previous chaste character, shall be guilty of a misdemeanor, and upon conviction shall be punished by imprisonment in a state prison not exceeding five years, or by imprisonment in a county jail not exceeding one year; provided that no conviction shall be had under the provisions of this act, on the testimony of the female seduced, unsupported by other evidence, nor unless indictment shall be found within two years after the commission of the offence; and provided further, that the subsequent marriage of the parties may be plead in bar of a conviction.

15 N. Y., 353; 26 N. Y., 203; 14 Ab., 15.

PART IV.

Such aseaults declared felonies.

CHAP. 74.

AN ACT to provide for the punishment of assaults with dangerous weapons.

PASSED March 23, 1854. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S1. Any person who, with intent to do bodily harm, and without justifiable or excusable cause, shall hereafter commit any assault upon the person of another with any knife, dirk, dagger or other sharp, dangerous weapon; or who, without such justifiable or excusable cause, shall shoot off or discharge at another, with the intent to injure such other person, any air-gun, pistol or other fire-arms, although without intent to kill such other person or to commit any other felony, shall, upon conviction, be punished by imprisonment in a state prison for a term not more than five years, or by imprisonment in the county prison for a term not exceeding one year. $ 2. Upon any indictment against any person for an assault ment with with intent to kill, it shall and may be lawful for the jury to find such accused person guilty of an assault according to the provisions of this act. 25 N. Y., 402.

An indict

intent to

kill.

Act of April

act of

repealed.

CHAP. 197.

AN ACT to repeal chapter four hundred and ten, passed April fourteenth, eighteen hundred and sixty, and chapter three hundred and three, passed April seventeenth, eighteen hundred and sixty-one, and to divide the crime of murder into two degrees, and to prescribe the punishment of arson.

PASSED April 12, 1862; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. The act entitled "An act in relation to capital punish14, 1860, and ment, and to provide for the more certain punishment of the May 4, 1861, crime of murder," passed April fourteenth, eighteen hundred and sixty, and the act entitled "An act in relation to cases of murder, and of arson in the first degree, occurring previously to the fourth day of May, in the year one thousand eight hundred and sixty," passed April seventeenth, eighteen hundred and sixty-one, are hereby repealed.

Effect on previously

22 N. Y., 97; 35 N. Y., 260; 28 N. Y., 112, 400; 26 N. Y.,
How. P. R., 203.

167;

26

[This section revives §§ 19 to 26 of Tit. 1, ch. 1, pt. 4, R. S. Ante, vol. 2. p. 679.] $2. No offence committed previous to the time when this offences statute shall take effect, shall be affected by this act, except committed. that when any punishment shall be mitigated by the provisions of this act, such provision shall control any judgment

« ПретходнаНастави »