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STATE OF NEW YORK.
AN ACT concerning crimes and punishments; proceedings
in criminal cases; and prison discipline.
WHEREAS it is expedient that the several statutes of this state, relating to crimes and punishments, proceedings in criminal cases, and prison discipline, should be consolidated and arranged in appropriate chapters, titles and articles; that the language thereof should be simplified; and that omissions and other defects should be supplied: Therefore,
The People of the State of New York, represented in Senate and Assembly, do declare and enact as follows:
OF CRIMES AND THEIR PUNISHMENT.
TITLE 1.-OF CRIMES PUNISHABLE WITH DEATH.
[Repealed.] TITLE II.-OF OFFENCES AGAINST THE PERSON, PUNISHABLE BY IMPRIS
ONMENT IN A STATE PRISON.
[Repealed.] TITLE III.—OF OFFENCES AGAINST PROPERTY, PUNISHABLE BY IMPRIS
ONMENT IN A STATE PRISON.
[Repealed.] TITLE IV.-OF OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE,
PUNISHABLE BY IMPRISONMENT IN A STATE PRISON.
MORALS, AND OTHER MISCELLANEOUS OFFENCES, PUNISH-
JAIL, AND BY FINES.
(659-666] Of Offences against the Person, punishable by Imprisonment in a Slato
herein before enumerated.
Of Offences against Property punishable with Imprisonment in a State
[This entire title was repealed by L. 1886, ch. 593.]
L. 1864, Chap. 391-An act to prevent the swindling of persons enlisting
into the military or naval service of the United States, and to make such offences felony, and to punish the use of certain means to procure enlistments,
Penalty for defrauding enlisted persons of bounty money or pay. SECTION 1. Any recruiting agent, or other person acting under authority of the state or general government, or any local municipality, or otherwise, who shall wilfully defraud any person enlisting or having enlisted into the military or naval service of the United States, of the money to which such person is entitled as bounty or pay for such enlistments, or any part of such money, shall be deemed guilty of felony, and upon conviction, shall be imprisoned in any of the state prisons of this state for a term not exceeding five years, nor less than two years.
[Section 2 repealed by L. 1886, ch. 593.]
Of Offences affecting the Administration of Justice.
[This entire title was repealed by L. 1886, ch. 593.]
laneous Offences, punishable by Imprisonment in a State Prison.
crimes, not before enumerated.
34. Punishment of auctioneers for not making certain reports.
41. Imprisonment in solitary cells, authorised. § 34. Every auctioneer who shall wilfully neglect to make any Certain report, required to be made to the comptroller of this state, by the reports of thirteenth article of the second title, of the seventeenth chapter of cers.
4 N. Y., the first part of the Revised Statutes, in addition to any pecuniary 465. penalty imposed by law for any such neglect, shall upon conviction, be adjudged guilty of a misdemeanor, and in addition to any other punishment prescribed by law, shall be subject to a fine not exceeding one thousand dollars. [Sections 35–40 repealed by L. 1886, ch. 593.]
§ 41. The court before which any person shall be convicted, of Imprison. an offence punishable by imprisonment in a county jail, may sen- tary cells.
ing in . tence such person to be imprisoned in a solitary cell in such jail, if i Quer, 512; any such be erected; but such imprisonment shall in no case exceed R., 481. thirty days in the whole.
1 Park. Cr
Subsequent acts on the same subject. L. 1867, Chap. 375 – An act for the more eñectual prevention of cruelty
to animals. (Sections 1 to 3 repealed by L. 1886, ch. 593.]
In what case any person may feed, etc., impounded animal. § 4. In case any creature shall be at any time impounded as aforesaid, and shall continue to be without
food and water 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 and upon any pound in which any such creature shall be so confined, and to supply it with necessary food and wah, so long as it shall remain so confined;
person shall not be liable to any action for such entry, and the reasonable cost of such food and water may be collected by him of the owner of such creature, and the
said creature shall not be exempt from levy and sale upon execution issued upon a judgment therefor.
[Section 5 repealed by L. 1886, ch. 593.] License for using dogs before vehicles. 86. Every person who shall hereafter use any dog or dogs, for the purpose of drawing or helping to draw any cart, carriage,
truck, barrow, or other vehicle, in any city or incorporated village, for business purposes, shall be required to take out a license for that purpose, from the mayor or president thereof, respectively, and shall have the number of said license and the residence of the owner distinctly painted thereon; and for each violation of this section shall forfeit and pay a fine of one dollar for the first offence, and a fine of ten dollars for each subsequent offence. (Sections 7 to 9 repealed by L. 1886, ch. 593.]
Proviso. $ 10. Nothing in this act contained shall be construed to prohibit or interfere with any properly conducted scientific experiments or investigations, which experiments shall be performed only under the authority of the faculty of some regularly incorporated medical college or university of the state of New York.
L. 1873, Chap. 19-An act to punish the careless use of fire-arms. To point fire-arms at a person a misdemeanor, SECTION 1. Any person who shall intentionally, without malice, point or aim any fire-arms at or toward any other person shall be guilty of a misdemeanor, and shall be subject to a fine of not more than fifty dollars, and not less than five.
Discharge of, without injury, how punished. 82. Any person who shall discharge, without injury to any other person, any fire-arms, while intentionally without malice, aimed at or toward any person, shall be deemed guilty of a misdemeanor, and shall be liable to a fine of not more than one hundred dollars, or imprisonment in the county jail not to exceed one year, or both, at the discretion of the court.
In case of injury. S 3. Any person who shall maim or injure any other person by the discharge of any fire-arm pointed or aimed intentionally, but without malice, at any such person, shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than fifty dollars, or imprisonment in the county jail for a period of not more than two years.
Injured party may recover damages. § 4. Any person maimed or wounded by the discharge of any fire-arms as aforesaid, or the heirs or representatives of any person who may be killed by such discharge, may have an action against the party offending to recover damages therefor.
Restrictions. 5. This act shall not apply to any case where fire-arms shall be used in self-defence, or in the discharge of official duty, or any case of justifiable homicide.
L. 1883, Chap. 375 -An act to limit the carrying and sale of pistols and
other fire-arms in the cities of this state. Persons under eighteen not to carry pistols, etc. SECTION 1. No person under the age of eighteen years shall have, carry or have in his possession in any public street, highway or place in any of the cities of this state, any pistol or other fire-arms of any kind, and no person shall in such cities sell or give any pistol or other firearms to any person under such age.
Penalty. § 2. Any person violating any of the provisions of this act shall be guilty of a misdemeanor, and in all trials or examinations for said offence the appearance of the person so alleged or claimed to be under the age of eighteen years shall be evidence to the magistrate or jury as to the age of such person.
Act not to apply to transportation or carrying under mayor's license; regulations as to license. 83. Nothing herein contained shall apply to the regular and ordinary transportation of pistols or fire-arms as articles of merchandise in said cities, or to the carrying of a gun or rifle through a street or highway of any city, with the intent to use the same outside of said city; nor to any person under such age carrying any pistol or other fire-arms under a license given by the mayor of said cities; but no licenses so given shall be in force more than one year from its date, and all such licenses may be revoked at the pleasure of the mayor, and a full, complete and public record shall be kept by the mayor of said cities of all such licenses, and the terms and date thereof.
L. 1873, Chap. 357 –An act to authorize summary convictions of pro
fessional thieves, burglars, pickpockets, counterfeiters and forgers.*
Professional thieves to be deemed disorderly persons. SECTION 1. If any person shall be charged on oath or affirmation before any police magistrate or justice of the peace in this state with being a professional thief, burglar, pickpocket, counterfeiter or forger, or shall have been arrested by the police authorities at any steamboat landing, railroad depot, church, banking institution, brokers' office, place of public amusement, auction room, store, auction sale in private residences, passenger car, hotel or restaurant, or at any other gathering of people, whether few or many, and if it shall be proven to the satisfaction of any such magistrate or justice of the peace, by sufficient testimony, that he or she was frequenting or attending such place or places for an unlawful purpose, and that he or she has at some time been convicted of any of the crimes herein named, he or she shall be deemed a disorderly person, and upon conviction after trial shall be committed by the said magistrate or justice of the peace to the penitentiary, in counties where there is a penitentiary, for a term not exceeding one hundred days, there to be kept at hard labor, and in counties where there is no penitentiary, or where no contract exists with any authorities of any penitentiary in the state, then to the county jail of said county, for a term not exceeding one hundred days, or, in the discretion of any such police magistrate or justice of the peace he or she shall be required to enter security for his or her good behavior for a period not exceeding one year.
Persons aggrieved may apply for habeas corpus. § 2. Any person who may or shall feel aggrieved at any such act, judgment or determination of any such police magistrate, or justice of the peace pursuant to the provision of this act, may apply to any judge or justice of any court having the power to issue a writ of habeas corpus for the issuance of said writ, and upon return thereof there shall be a rehearing of the evidence, and the judge or justice may either discharge, modify or confirm the commitment.
L. 1875, Chap. 97 -An act providing for the forfeiture of property in cer
tain cases. Seizure of property used in fights among animals. SECTION 1. Any officer authorized by law to make arrests may lawfully take possession of any animals, or implements, or other property used or employed, or about to be used or employed, in the violation of any provision of law relating to fights among animals. He shall state to the person in charge thereof, at the time of such taking, his name and residence, and also, the time and place at which the application hereinafter provided for will be made.
Officer to apply for order; to deliver property to magistrate; magistrate to issue order; person named to assume custody. 8 2. The officer, after taking possession of such animals or implements, or other property, pursuant to the preceding section, shall apply to the magistrate before whom complaint is made against the offender violating such provision of law, for the order next hereinafter mentioned, and shall make and file an affidavit with such magistrate, stating therein the name of
* Whether this statute is impliedly repealed by Code of Crim. Proc., 09510-614 and 899, is a question worthy of examination. It was not expressly repealed by L. 1886, ch. 593.