§ 158. Instituting suit in name of another.-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 imprisonment not exceeding six months.

§ 159. Maliciously procuring search warrant.—A person who maliciously, and without probable cause, procures a search warrant to be issued and executed, is guilty of a misdemeanor. See § 120, supra.

§ 160. Unauthorized communication with convict in state prison.-A person who, not being authorized by law, or by a written permission from an inspector, or by the consent of the warden, has any communication with a convict in a state prison, or brings into or conveys out of any state prison any letter or writing to or from a convict, is guilty of a misdemeanor.

See Code Cr. Proc., § 56.

§ 161. Neglect to return names of constables.—A town clerk who willfully omits to return to the county clerk the name of a person who has qualified as constable, pursuant to law, is punishable by a fine not exceeding ten dollars.

§ 162. Falsely certifying, etc., as to record deeds.— An officer authorized by law to record a conveyance of real property, or of any other instrument, which by law may be recorded, who knowingly and falsely certifies that such a conveyance or instrument has been recorded, is guilty of a felony.

§ 163. Other 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.

§ 164. Recording, etc., without acknowledgment.A public officer authorized to file or record any instrument or conveyance of, or affecting property which is duly proved or acknowledged, 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 misde

meanor.

§165. False auditing and paying claims.—A public officer, or a 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 duties is to audit, allow or pay, or take part in auditing, allowing, or paying claims or demands upon the state, or such county, town, city or village, who knowingly audits, allows or pays, or directly or indirectly consents to, or in any way connives at the auditing, allowance or payment 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 felony, punishable by imprisonment for not less than two, or more than five years, or by a fine not exceeding five thousand dollars, or by both.

Corruptly auditing account. Peo. v. Stocking, 50 Barb., 573. See § 672, post.

§ 166. Id., conviction forfeits office. A person who, being or acting as a public officer or otherwise, by willfully auditing, or paying, or consenting to, or conniving at the auditing or payment of a false or fraudulent claim or demand, or by any other means, wrongfully obtains, receives, converts, disposes of or pays out or aids, or abets another in obtaining, 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 nor more than five years, or by a fine not exceeding five times the amount or 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.

See § 672, post.

§ 167. Id., what constitutes conversion.-A transfer in whole or part of any deposit with any bank or other 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 impaired or affected, is a conversion thereof under the last section.

CHAPTER VIII.

CONSPIRACY.

SEC. 168. Conspiracy defined.

169. Conspiracies against peace, etc.
170. No other conspiracies punishable.
171. Overt act, when necessary.

§ 168. Conspiracy defined.-If two or more persons conspire, either

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 proceeding; 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 obstruction of justice, or of the due administration of the laws;

Each of them is guilty of a misdemeanor.

See § 170, 653, 673, post. Must be criminal intent. Peo. v. Powell, 63 N. Y, 88; S. C. 5 Hun, 169. Conspiracy need not be consummated. Adams v. Peo., 9 Hun, 89. Conspiracy need not be overt act. Peo. v. Mather, 4 Wend., 229; Com. v. Putnam, 29 Penn. St., 296; State v Rickey, 4 Halst., 293; Alderman, v. Peo., 4 Mich, 414; State v. Ripley, 31 Me., 386; Hazen v. Com., 23 Penn. St., 355; Isaacs v. State, 48 Miss., 234. See State v. Norton, 3 Zab., 33. Merged in felony. Com v. Blackburn, 1 Duvall, 4; State v. Mayberry, 48 Me., 218. But not in misdemeanor Peo. v. Mather, supra; Peo. v. Richards, 1 Mann (Mich.), 216; State v. Murray, 3 Shep., 100. But see Lambert v Peo, 9 Cow, 577; Com. v. Kingsbury, 5 Mass 106; Com. v. O'Brien, 12 Cush., 84; State v. Murphy, 4 Ala., 765; State v. Noyes, 25 Vt., 415; Taylor's case, 1 C. II. Rec., 192; Duprey's case, 4 ib., 121, Robbin's case, 4 ib., 1; Peo. v. Bradford, I Wh. C. C., 219; Peo. v. Mosher, ib., 246; Peo v. Trequin, ib., 142; Roget's case, 2 C. H. Rec., 61; Lewin's case, 5 ib., 129; McDermut's case, 4 ib., 12; Peo. v. Olcott, 2 Johns. Cas., 301. What is a conspiracy? State v. Mayberry, 48 Me., 218; Com. v. Hunt, 4 Metc., 111; State v Burnham, 15 N. H., 396; State v. Bartlett, 30 Me., 132; State v. Hewetts, 31 ib., 396; Com. v. Ridgeway, 2 Ashen., 247. New party. Peo. v. Mather, supra. Cornering market. M. R. C. Co. v. B. C. Co, 68 Penn. St., 173; Peo. v. Melvin, 2 Wh. C. C., 262; Peo. ex rel. Lawrence v. Brady, 56 N. Y., 183; Peo. v. Fisher, 14 Wend, 9 Stanton v. Allen, 5 Den., 435, 443; Hooker v. Vandewater, Den., 349; Mott v. Small, 20 Wend., 212, 221. Assent. Lamb v. Peo (Ill), 22 Alb. L. J., 418; Hope v. Peo., 9 W. Dig., 232, Sub. 3. Peo. v. Chase et al., 16 Barb., 495.

Sub. 4. March et al., v. Peo., 7 Barb., 391.

Sub. 5. Peo. v. Melvin, 2 Wh. C. C., 262; Peo. v. Fisher, 14 Wend., 9; Emmanuel's case, 6 C. H. Rec., 33; Van Mater v Babcock, 23 Barb., 633.

§ 169. Conspiracies against peace, etc. If two or more persons, 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.

§ 170. No other conspiracies punishable.

-No con

spiracy 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.

Master Stevedores' Association v. Walsh., 2 Daly, 1. See § 168, supra, § 673, post.

§ 171. Overt act, when necessary.- No agreement except to commit a felony upon the person of another, or to commit arson or burglary, amounts to a conspiracy, unless some act beside such agreement be done to effect the object thereof, by one or more of the parties to such agreement.

Peo. v. Mather, (Morgan's Abduction), 4 Wend., 229. See Code Cr. Proc., § 398. See § 720, post.

§ 171"A". Coercion by employers. Any person or persons, employer or employers of labor, and any person or persons of any corporation or corporations on behalf of such corporation or corporations, who shall hereafter coerce or compel any person or persons, employe or employes, laborer or mechanic, to enter into an agreement, either written or verbal from such person, persons, employe, laborer or mechanic, not to join or become a member of any labor organization, as a condition of such person or persons securing employment, or continuing in the employment of any such person or persons, employer or employers, corporation or corporations, shall be deemed guilty of a misdemeanor.

§ 2. The penalty for such misdemeanor shall be imprisonment 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 imprisonment. [ADDED CH. 688. PASSED JUNE 24, 1887.]