$649. Destroying or delaying election returns.-A messenger appointed by authority of law to receive and carry a report, certificate or certified copy of any statement relating to the result of any election, who willfully mutilates, tears, defaces, obliterates or destroys the same, or does any other act which prevents the delivery of it as required by law; and a person who takes away from such messenger any such report, certificate or certified copy, with intent to prevent its delivery, or who willfully does any injury or other act in this section specified, is punishable by imprisonment in a state prison not exceeding five years. [AS AMD. BY CH. 662, Laws 1892. Took effect May 17, 1892.] People v. Wise, 3 N. Y. Cr. 303; 2 How. (N. S.) 92. § 650. Property in house of worship, etc. — A person, who willfully and without authority, breaks, defaces or otherwise injures any house of religious worship, or any part thereof, or any appurtenance thereto, or any book, furniture, ornament, musical instrument, article of silver or plated ware, or other chattel kept therein for use in connection with religious worship, is guilty of felony. See § 14, ante. 651. Unlawful, etc., interference with gas meters.-A person who willfully, with intent to injure or defraud, connects a tube, pipe, or other instrument or contrivances, with a pipe used for conducting or supplying illuminating gas, fuel or natural gas, in such a manner as to supply such gas to any burner or orifice, where the same can be burned or used without passing through the meter or instrument provided for registering the quantity consumed; or who willfully, with intent to injure or defraud, obstructs, alters, injures or prevents the action of a meter or other instrument used to measure or register the quantity of illuminating, fuel or natural gas, consumed in a house or apartment, or at an orifice or burner, or by a consumer or other person, or a person other than a state inspector or deputy inspector of gas meters or an employe of the company owning any gas meter, who willfully shall detach or disconnect such meter or make or report any test of, or examine for the purpose of testing any such meter so detached or disconnected is guilty of a misdemeanor. A person who willfully with intent to injure or defraud either, 1. In any manner whatever, changes, extends or alters, any service or other pipe, or attachment of any kind, connecting or through which, natural or artificial gas is furnished from the gas mains or pipes of any person, company or corporation, without first procuring from said person, company or corporation written permission to make such change, extension or alteration; or 2. Makes any connection or reconnection, with the gas mains or service pipes of any person, company or corporation furnishing to consumers natural or artificial gas, or turns on or off, or in any manner interferes with any valve or stop-cock or other appliances belonging to such person, company or corporation, connected with its service or other pipes or enlarges the orifice of mixers or uses natural gas for heating purposes except through mixers, without first procuring from such person, company or corporation, a written permit to turn on or off such stop-cock or valve, or to make such connections or reconnections, or to enlarge the orifice of mixers, or to use for heating purposes without mixers, or to interfere with the valves, stop-cocks, or other appliances of such person, company or corporation, as the case may be; or 3. Retains possession of, or refuses to deliver any mixer or mixers, or other appliances which may be, or may have been loaned or rented to them by any person, company or corporation, for the purpose of furnishing gas through the same, or who sells, loans, or in any manner disposes of the same to any person or persons, other than the said person, company or corporation entitled to the possession of the same; or 4. Sets on fire any gas escaping from wells, broken or leaking mains, pipes, valves or other appliances used by any person, company or corporation, in conveying gas to consumers, or interferes in any manner with the wells, pipes, mains, gate boxes, valves, stopcocks, or any other appliances, machinery or property of any person, company or corporation engaged in furnishing gas to consumers, unless employed by, or acting under the authority and direction of such person, company or corporation, is guilty of a misdemeanor, and punishable by imprisonment for not more than one year or a fine of not more than one hundred dollars or by both such fine and imprisonment. [As AMD. BY CH. 699, LAWS 1892. Took effect May 19, 1892.] See § 15, ante. People v. McTameney, 30 Hun, 505; 1 N. Y. Cr. 441; 13 Abb. N. C. 59; 66 How. 73; Matter of Hallenbeck, 65 id. 401; 1 N. Y. Cr. 437, note. § 652. Driving vehicle, etc., on sidewalks.—A person who willfully and without authority drives any team, vehicle, cattle, sheep, horse, swine, or other animal along upon a sidewalk is punishable by a fine of fifty dollars, or imprisonment in a county jail not exceeding thirty days, or by both. Fisher v. Village of Cambridge, 57 Hun, 300; 32 N. Y. State Rep'r, 492; 10 N. Y. Supp. 623. § 653. Coercing another person, etc.—A person, who with a view to compel another person to do or to abstain from doing an act which such other person has a legal right to do or to abstain from doing, wrongfully and unlawfully, 1. Uses violence or inflicts injury upon such other person or his family, or a member thereof, or upon his property, or threatens such violence or injury; or 2. Deprives any such person of any tool, implement, or clothing, or hinders him in the use thereof; or 3. Uses or attempts the intimidation of such person by threats or force; Is guilty of a misdemeanor. See § 168, sub. 5, ante; § 673, post. People v. Lenhardt, 4 N. Y. Cr. 317; People v. Crotty, 30 N. Y. State Rep'r, 46; 9 N. Y. Supp. 937. 654. Injury to property of another, etc.-A person who unlawfully and willfully destroys or injures any real or personal property of another, or who without authority or permission from a person who has the right to give such authority or permission, loosens any brake or blocking of any car standing on any railroad track in this state, or without like authority or permission, puts upon or runs any hand car, or other car, on any railroad track in this state, or without like authority or permission, interferes or meddles with any brake or coupling of any car while standing or moving on any railroad track in this state, or takes any part therein, in a case where the punishment is not specially prescribed by statute, is punishable as follows: 1. If the value of the property destroyed, or the diminution in the value of the property by the injury is more than twenty-five dollars, by imprisonment for not more than four years. 2. In any other case, by imprisonment for not more than six months, or by a fine of not more than two hundred and fifty dollars, or by both such fine and imprisonment. 3 And in addition to the punishment prescribed therefor, he is liable in treble damages for the injury done, to be recovered in a civil action by the owner of such property, or the public officer having charge thereof. [AMD. BY CH. 186, LAWS 1892. Takes effect Sept. 1, 1892.] See 640, ante. Personal property. People v. Moody, 5 Park. 568. Killing cow. People v. Smith, 5 Cow. 258. Injury must result to constitute offense. Wait v. Greene, 5 Park. 185. People v. Woodward, 31 Hun, 58; 2 N. Y. Cr. 37; People v. Kane, 42 N. Y. State Rep'r, 722, rev'g 39 id. 751; 15 N. Y. Supp. 612. TITLE XVI. CRUELTY TO ANIMALS. SEC. 655. Overdriving animal; failing to provide proper sustenance. 656. Abandonment of disabled animal. 657. Failure to provide proper food and drink to impounded animal. 658. Selling or offering to sell or exposing disabled animal. 659. Carrying animal in a cruel manner, a misdemeanor. 660. Animal wantonly poisoned, or attempted to be poisoned, a misde meanor. 661. Throwing substance injurious to animals in public place, a misde meanor. 662. Keeping milch cows in unhealthy places and feeding them with food producing unwholesome milk a misdemeanor. 663. Transporting animals for more than 24 consecutive hours a misde meanor. 664. Setting on foot fights between birds and animals, a misdemeanor. $655. Overdriving animal; failing to provide proper sustenance. A person who overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, whether wild or tame, and whether belonging to himself or to another, or deprives any animal of necessary sustenance, food or drink, or neglects or refuses to furnish it such sustenance or drink, or causes, procures or permits any animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed, or to be deprived of necessary food or drink, or who willfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal, or any act tending to produce such cruelty, is guilty of a misdemeanor. See Code Cr. Proc., § 66. Cruel mode of slaughtering, indictable. Davis v. Society, etc., 16 Abb. Př. (N. S.) 73. Servant acting under master's order liable. People v. Tinsdale, 10 Abb. Pr. (N. S.) 374. See Broadway Stage Co. v. Society. etc., 15 Abb. Pr. (Ñ. S.) 51; People v. Brunell, 48 How. Pr 435. Using dog in tread-mill. People v. Sp. Sess. of N. Y, 4 Hun, 441. See Warren v. Perry, 14 Hun, 337. See Ross' case, 3 CH. Rec. 191; People v. Stokes, 1 Wh. C. C. 111; Morris' case, 6 C. H. Rec. 62; Lashine's case, 4 id. 26; Davis v. Am. Soc., etc., 75 N. Y. 363. Stage horse cases. 15 Abb. Pr. (N. S.) 59. Pigeon shooting. Paine v. Bergh, 1 C. C. R. 160. Lishorning cattle. 40 Alb. L. J. 270; Callaghan v. Society, 37 Eng. Rep. 813. 656. Abandonment of disabled animal.— A person being the owner or possessor, or having charge or custody of a maimed, diseased, disabled or infirm animal, who abandons such animal, or leaves it to die in a street, road or public place, or who allows it to lie in a public street, road or public place more than three hours after he receives notice that it is left disabled, is guilty of a misdemeanor. Any agent or officer of the American Society for the Prevention of Cruelty to Animals, or of any society duly incorporated for that purpose, may lawfully destroy or cause to be destroyed any animal found abandoned and not properly cared for, appearing in the judgment of two reputable citizens called by him to view the same in his presence, to be glandered, injured or diseased past rēcovery for any useful purpose. When any person arrested is, at the time of such arrest, in charge of any animal or of any vehicle drawn by or containing any animal, any agent of said society may take charge of such animal and of such vehicle and its contents, and deposit the same in a safe place of custody, or deliver the same into the possession of the police or sheriff of the county or place wherein such arrest was made, who shall thereupon assume the custody thereof; and all necessary expenses incurred in taking charge of such property shall be a lien thereon. [AMD. CH. 144 of 1888, and again CH. 490 of 1888.] § 657. Failure to provide proper food and drink to impounded animal. A person who having impounded or confined any animal, refuses or neglects to supply to such animal during its confinement a sufficient supply of good and wholesome air, food, shelter and water, is guilty of a misdemeanor. § 658. Selling or offering to sell or exposing disabled animal.—A person who willfully sells or offers to sell, uses, exposes, or causes or permits to be sold, offered for sale, used or exposed, any horse or other animal having the disease known as glanders or farcy, or other contagious or infectious disease dangerous to the life or health of human beings, or animals, or which is diseased past recovery, or who refuses upon demand to deprive of life an animal affected with any such disease, is guilty of a misdemeanor Fisher v. Clark, 41 Barb. 329. See 17 Alb. L. J. 177. § 659. Carrying animal in a cruel manner, a misdemeanor.— A person who carries or causes to be carried in or upon any vessel or vehicle or otherwise, any animal in a cruel or inhuman manner, or so as to produce torture, is guilty of a misdemeanor. a See § 663, post. § 660. Animal wantonly poisoned or attempted to be poisoned, misdemeanor. — A person who unjustifiably administers any poisonous or noxious drug or substance to an animal, or unjustifiably exposes any such drug or substance with intent that the same shall be taken by an animal, whether such animal be the property of himself or another, is guilty of a misdemeano See Code Cr. Proc., § 56. - § 661. Throwing substances injurious to animals in public place, a misdemeanor. A person who willfully throws, drops or places, or causes to be thrown, dropped or placed upon any road, highway, street or public place, any glass, nails, pieces of metal, or other substance which might wound, disable or injure any animal, is guilty of a misdemeanor. [AMD. CH. 523 of 1885.] See 25 Abb. N. C. 40, note; People v. Sheridan, 15 N. Y. State Rep'r, 939. § 662. Keeping milch cows in unhealthy places, and feeding them with food producing unwholesome milk, a misdemeanor.A person who keeps a cow or any animal for the production of milk, in a crowded or unhealthy place, or in a diseased condition, or feeds such cow or animal upon any food that produces impure or unwholesome milk, is punishable by a fine not less than fifty dollars, or imprisonment not exceeding one year, or by both. Flanders v. People, 4 Alb. L. J. 316. § 663. Transporting animals for more than twenty-four consecutive hours, a misdemeanor. A railway corporation, or an owner, agent, consignee, or person in charge of any horses, sheep, cattle, or swine, in the course of, or for transportation, who confines, or causes or suffers the same to be confined, in cars for a longer period than twenty-four consecutive hours, without unloading for rest, water and feeding, during ten consecutive hours, unless prevented by storm or inevitable accident, is guilty of a misdemeanor. In estimating such confinement, the time during which the animals have been confined without rest, on connecting roads from which they are received, must be computed. If the owner, agent, consignee, or other person in charge of any such animals refuses or neglects upon demand to pay for the care or feed of the animals while so unloaded or rested, the railway company, or other carriers thereof, may charge the expense thereof to the owner or consignee and shall have a lien thereon for such expense. Hastings v. N, Y., O. & W. R. Co., 25 N. Y. State Rep`r, 250; 6N. Y. Supp. 837, 838. $664. Setting on foot fights between birds and animals, a misdemeanor. A person who sets on foot, instigates, promotes, or carries on, or does any act as assistant, umpire, or principal, or is a witness of, or in any way aids in or engages in the furtherance of any fight between cocks or other birds, or dogs, bulls, bears, or other animals, premeditated by any person owning, or having custody of such birds or animals, is guilty of a misdemeanor punishable by fine not less than ten dollars, nor more than one thousand dollars, or by imprisonment not less than ten days nor more than one year, or both. § 665. Keeping pit, etc.- A person who keeps or uses, or is in any manner connected with, or interested in the management of, or re |