Selden, 4 N. Y., 91. Affidavit on motton. Suydam v. Moffatt, 1 Sand, 459; Warner v. Paine, 2 Sand., 195. Objections filed by counsel. Marsh v. Ellsworth, 50 N. Y., 309; S. C., 1 Sew., 52; S. C., 2 Sew., 589. Between parties interested in prosecution. Klinck v. Colby, 46 N. Y., 427. Certificate of insanity. Perkins v. Mitchell, 31 Bar., 461. What not privileged. Address signed by president of public meeting of electors. Lewis v. Few, 5 Johns, 1. Criticism of operatic management. Fry v. Bennett, 28 N. Y., 324. Affidavit before governor, who has no jurisdic tion. Hosmer v. Loveland, 19 Bar., 111. Mercantile agencies, to customers generally. Taylor v. Church, 8 N. Y., 452; Sunderlin v. Bradstreet, 46 N. Y., 188. Scandalous pleading. Gilbert v. Peo., 1 Den., 41. Proceedings at execution. Sanford v. Bennett, 24 N. Y., 20 Accusing public officer. Hamilton v. Eno., 80 N. Y., 116. See Eastwood v. Holmes, 1 Fost & F., 347; Turnbull v. Bird. 2 Id., 524. See 15 Law Mag., N. S., 216, 241. 1 Cr. M. & W., 193.

§ 254. Threatening to publish libel.-A person who threatens another with the publication of a libel, concerning the latter or concerning any parent, husband, wife, child or other member of the family of the latter, and a person who offers 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 misde

meanor.

See §§ 553, 558, post.

§ 254 A. Furnishing libelous information.— Any person who willfully states, delivers or transmits by any means whatever to the manager, editor, publisher or reporter of any newspaper, magazine, publication, periodical or serial for publication therein any libelous statement concerning any person or corporation and thereby secures the actual publication of the same, is guilty of a misdemeanor, [ADDED CH. 340 of 1890; in effect Sept. 1, 1890.]

TITLE X.

Of Crimes Against the Person and Against Public Decency and Good Morals.

CHAPTER

I. Crimes against religious liberty and conscience.
II. Rape, abduction, carnal abuse of children, and

seduction.

III. Abandonment and neglect of children.

IV. Abortions and concealing death of infant.

V. Bigamy, incest and the crime against nature.

VI. Violating sepulture and the remains of the dead. VII. Indecent exposures, obscene exhibitions, books and prints, and disorderly houses.

VIII. Lotteries.

IX. Gaming.

XPawnbrokers.

CHAPTER I.

OF CRIMES AGAINST RELIGIOUS LIBERTY AND CONSCIENCE

SEC. 255. Profane swearing defined.

256. Punishment of profane swearing.

257. Summary conviction for profane swearing.
258. Penalties, how collected.

259. The Sabbath.

260. Sabbath breaking.

261. Day defined.

262. Acts forbidden.

263. Servile labor.

264. Persons observing another day as a Sabbath.
265. Public sports.

266. Trades, manufactures, and mechanical employments.
267. Public traffic.

268. Serving process

269. Punishment of Sabbath breaking.

270. Forfeiture of commodities exposed for sale.
271. Remedy for maliciously serving process.
272. Compelling adoption of a form of belief.
273. Preventing performance of religious act.
274. Disturbing religious meetings.

275. Definition of the offense.

276. Processions and parades.

277. Theatrical and other performances.

255. Profane swearing defined.-Repealed.

§ 256. Punishment of profane swearing.-Repealed.

$257. Summary conviction for profane swearing.Repealed.

§ 258. Penalties, how collected.-Repealed.

§ 259. The Sabbath.-The first day of the week being by general consent set apart for rest and religious uses, the law prohibits the doing on that day of certain acts hereinafter specified, which are serious interruptions of the repose and religious liberty of the community.

Peo. v. Dennin, 35 Hun, 327; Dinsmore v. N. Y. Police, 12 Abb. N. C., 436; Lindenmuller v. Peo., 33 Bar., 548. See note to Swann v. Swann, 24 Am. L. Reg., N. S., 378, 394, and 18 Am. L. Rev., 778, 795.

§ 260. Sabbath breaking.-A violation of the foregoing prohibition is Sabbath breaking.

Corporation may be indicted for. State v. Balt. & O. R. R., 22 Alb. L. J., 38.

§ 261. "Day" defined.-Under the term " day," as employed in the phrase "first day of the week," when used in this chapter, is included all the time from midnight to midnight.

§ 262. [Repealed ch. 358 of 1883.]

§ 263. Servile labor.-All labor on Sunday is prohibited, excepting the works of necessity or charity. In works of necessity or charity is included whatever is needful during the day for the good order, health or comfort of the community. [Am'd ch. 358 of 1883.]

Work of necessity. Morris v. State, 31 Ind., 189; State v. Goff, 20 Ark., 289. See §§ 263, 265, 267, 268, post; Eberle v. Mehrbach, 55 N. Y., 682; Peo. v. Lyons, 5 Hun, 643; Brunuett v. Clark, 1 Sheld., 50; Sun, etc., Association v. Tribune Association, 12 J. & Sp., 136; Brooklyn v. Toynbee, 31 Bar., 282.

§ 264. Persons observing another day as a Sabbath. -It is a sufficient defense to a prosecution for work or labor on the first day of the week, that the defendant uniformly keeps another day of the week as holy time, and does not labor on that day, and that the labor complained of was done in such manner as not to interrupt or disturb other persons in observing the first day of the week as holy time. [Am'd ch. 519 of 1885.]

$265. Public sports.-All shooting, hunting, fishing, playing, horse racing, gaming or other public sports, exercises or shows, upon the first day of the week, and all noise disturbing the peace of the day, are prohibited. [Am'd ch. 358 of 1883.]

§ 266. Trades, manufactures and mechanical employments.-All trades, manufactures, agricultural or mechanical employments upon the first day of the week are prohibited, except that when the same are works of necessity they may be performed on that day in their usual and orderly manner, so as not to interfere with the repose and religious liberty of the community. [Am'd ch. 358 of 1883.]

$267. Public traffic. All manner of public selling or offering for sale of any property upon Sunday is prohibited, except that articles of food may be sold and supplied at any time before ten o'clock in the morning, and except also that meals may be sold to be eaten on the premises where sold or served elsewhere by caterers; and prepared tobacco in places other than where spirituous or malt liquors or wines are kept or offered for sale, and fruit, confectionery, newspapers, drugs, medicines,

and surgical appliances may be sold in a quiet and orderly manner at any time of the day. [Am❜d ch. 358 of 1883.]

Boynton v. Page, 13 Wend., 425. § 268. Serving process on Sunday prohibited.—All service of legal process of any kind whatever, upon the first day of the week, is prohibited, except in cases of breach of the peace, or apprehended breach of the peace, or when sued out for the apprehension of a person charged with crime, or except where such service is specially authorized by statute.

§ 269. Sabbath breaking.—Sabbath breaking is a misdemeanor, punishable by a fine not less than five dollars and not more than ten dollars, or by imprisonment in a county jail not exceeding five days, or by both, but for a second or other offense, where the party shall have been previously convicted, it shall be punishable by a fine not less than ten dollars and not more than twenty dollars, and by imprisonment in a county jail not less than five nor more than twenty days.

§ 2. This act shall take effect on the first day of July next. [AM'D CH. 535 OF 1887.]

§ 270. Forfeiture of commodities exposed for sale.— In addition to the penalty imposed by the last section, all property and commodities exposed for sale on the first day of the week in violation of the provisions of this chapter shall be forfeited. Upon conviction of the offender by a justice of the peace of a county, or by a mayor, recorder or alderman of a city, such officer 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. [Am'd ch. 358 of 1883.]

§ 271. Remedy for maliciously serving process.— Whoever maliciously procures any process in a civil action to be served on Saturday, upon any person who keeps Saturday as holy time, and does not labor on that day, or serves upon him any process returnable on that day, or maliciously procures any civil action to which such person is a party to be adjourned to that day for trial, is guilty of a misdemeanor.

Maxson v. Annas, 1 Den., 204.