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ceives money for the admission of any person to, a house, apartment. pit or place kept or used for baiting or fighting any bird or animal, and any owner or occupant of a house, apartment, pit or place who willfully procures or permits the same to be used or occupied for such baiting or fighting, is guilty of a misdemeanor. Upon complaint under oath or affirmation to any magistrate authorized to issue warrants in criminal cases, that the complainant has just and reasonable cause to suspect that any of the provisions of law relating to or in any wise affecting animals are being or about to be violated in any particular building or place, such magistrate shall immediately issue and deliver a warrant to any person authorized by law to make arrests for such offenses, authorizing him to enter and search such building or place, and to arrest any person there present found violating any of said laws, and to bring such person before the nearest magistrate of competent jurisdiction, to be dealt with according to law. [AMD. CH. 144 of 1888.]

People v. Klock, 48 Hun, 275.

666. Running horses on highway, etc.- A person driving any vehicle upon any plank road, turnpike or public highway, who unjustifiably runs the horses drawing the same, or causes, or permits, them to run, is guilty of a misdemeanor.

See Code Cr. Proc., §§ 56, 57.

§ 667. Leaving state to elude provisions of this title.— A person who leaves this state with intent to elude any of the provisions of this title or to commit any act out of this state which is prohibited by them, or who, being a resident of this state, does any act without this state, pursuant to such intent, which would be punishable under such provisions, if committed within this state, is punishable in the same manner as if such act had been committed within this state.

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668. Fines and penalties, etc. - All fines, penalties or forfeitures imposed or collected for a violation of the provisions of this title, or of any act for the prevention of cruelty to animals, now in force or hereafter passed, must be paid on demand to the American Society for the Prevention of Cruelty to Animals; except where the prosecution shall be instituted or conducted by a society for the prevention of cruelty to animals duly incorporated under the general laws of this state, in which case such fine, penalty or forfeiture must be paid on demand to such society. A constable or police officer must, and any agent or officer of any of said societies may, arrest and bring before a court or magistrate having jurisdiction, any person offending against any of the provisions of this title. Any officer or agent of any of said societies may lawfully interfere to prevent the perpetration of any act of cruelty upon any animal in his presence. Any person who shall interfere with or obstruct any such officer or agent in the discharge of his duty shall be guilty of a misdemeanor. Any of said societies may prefer a complaint before any court, tribunal or magistrate having jurisdiction, for the violation of any law relating to or affecting animals, and may aid in presenting the law and facts before such court, tribunal, or magistrate in any proceeding taken. The officers and agents of all duly incorporated societies for the prevention of cruelty to animals or children

are hereby declared to be peace officers within the provisions of section one hundred and fifty-four of the Code of Criminal Procedure. [AS AMD. CH. 144 of 1888, and again CH. 490 of 1888.]

Stage Horse cases, 15 Abb. Pr. (N. S.) 59; American Society, etc., v. Cohoes, 4 N. Y. State Rep'r, 808; 25 W. Dig. 229.

$669. Definitions.-1. The word "animal;" as used in this Title, does not include the human race, but includes every other living creature;

2. The word "torture" or "cruelty" includes every act, omission, or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted;

3. The words impure and unwholesome milk" include all milk obtained from animals in a diseased or unhealthy condition, or who are fed on distillery waste, usually called "swill" or upon any substance in a state of putrefaction or fermentation.

People v. Klock, 48 Hun, 275; Reg. v. Brown, 41 Alb. L. J. 425; Com. v. Turner, 145 Mass. 300.

Sub. 3. People v. Cipperly, 101 N. Y. 634; 3 E. R. 558, rev'g 37 Hun, 320; 4 N. Y. Cr. 69, on dissenting opinion at General Term; People v. Schaeffer, 41 Hun, 23; 2 N. Y. State Rep'r, 705; People v. Nobles, 1 N. Y. Cr. 459; Com. v. Smith, 9 E. R. 86; Com. v. Spear, id. 89.

TITLE XVII.

Of Miscellaneous Crimes.

SEC. 670. Attorneys forbidden to defend criminal prosecutions carried on by their partners, or formerly by themselves.

671. Attorneys may defend themselves.

672. Fraudulently presenting bills or claims to public officers for payment. 673. Endangering life by refusal to labor.

674. Publishing false messages.

675. Acts not expressly forbidden.

676. Acts committed out of the state.

670. Attorneys forbidden to defend certain prosecutions, etc. An attorney, who directly or indirectly advises in relation to, or aids or promotes the defense of any action or proceeding in any court, the prosecution of which is carried on, aided or promoted by a person as district attorney or other public prosecutor, with whom such attorney is directly or indirectly connected as a partner; or who, having himself prosecuted or in any manner aided or promoted any action or proceeding in any court, as district attorney or other public prosecutor, afterwards directly or indirectly advises in relation to, or takes any part in, the defense thereof, as attorney or otherwise; or who takes or receives any valuable consideration from or on behalf of any defendant in any such action, upon any understanding or agreement whatever, express or implied, having relation to the defense thereof, is guilty of a misdemeanor.

See §§ 136, 139, 148, 149, ante.

§ 671. Attorneys may defend themselves. The last section does not affect $$ 78, 79, 80 and 81 of the Code of Civil Procedure, and does not prohibit an attorney from defending himself in person, as attorney or as counsel, when prosecuted either civilly or criminally.

§ 672. Fraudulently presenting bills or claims to public officers for payment. A person who, knowingly, with intent to defraud, presents, for audit, or allowance, or for payment, to any officer or board of officers of the state, or of any county, town, city or village, authorized to audit, or allow or to pay bills, claims or charges, any false or fraudulent claim, bill, account, writing or voucher, or any bill, account or demand, containing false or fraudulent charges, items or claims, is guilty of a felony.

See $$ 165, 166 ante. People, ex rel. Phelps, v. O. & T., 83 N. Y. 486; O'Reilly v. People, 86 id. 154; People v. Bragle, 88 id. 585; 63 How. 143; 10 Abb. N.C. 300.

$673. Endangering life by refusal to labor.- A person, who willfully and maliciously, either alone or in combination with others, breaks a contract of service or hiring, knowing, or having reasonable cause to believe, that the probable consequence of his so doing will be to endanger human life, or to cause grievous bodily injury, or to expose valuable property to destruction or serious injury, is guilty of a misdemeanor.

See 88 168, 170, 653, supra; People v. Barondess, 41 N. Y. State Rep'r, 662.

674. Publishing false messages.- A person, who prints, publishes or circulates, as true, any message, order or proclamation purporting to be the message, order or proclamation of the executive of the United States or of this state, or of any other state of the United States now or hereafter admitted, or of any territory of the United States, knowing the same not to be genuine, is punishable, by imprisonment in a state prison not exceeding five years, or by fine not exceeding one thousand dollars, or by both. An indictment 74. for this offense may be found in any county in which the message, address or proclamation is printed, published or circulated but not in more than one county of the state.

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675. Relating to disorderly conduct on public conveyances. Any person who shall by any offensive or disorderly act or lan-, e. guage, annoy or interfere with any person or persons in any place or with the passengers of any public stage, railroad car, ferry boat, or other public conveyance, or who shall disturb or offend the occupants of such stage, car, boat or conveyance, by any disorderly act, language, or display, although such act, conduct or display may not amount to an assault or battery, shall be deemed guilty of a misdemeanor. A person who willfully and wrongfully commits any act which seriously injures the person or property of another, or which seriously disturbs or endangers the public peace or health, or which openly outrages public decency, for which no other punishment is expressly prescribed by this Code, is guilty of a misdemeanor; but nothing in this Code contained shall be so construed as to prevent any person from demanding an increase of wages, or from assembling and using all lawful means to induce employers to pay such wages to all persons employed by them, as shall be a just and fair compensation for services rendered. [AMD. CH. 327 of 1891. In effect September 1, 1891.]

See § 170, ante. People v. Hislop, 77 N. Y. 331; Matter of Jacobs, 98 id. 98; People v. Marx, 99 id. 377; People v. Cipperly, 3 N. E. Rep'r, 558; 101 Ń. Y. 631; People v. Barondess, 41 N. Y. State Rep'r, 662.

676. Acts committed out of the state. —A person who commits an act without this state which affects persons or property within this state, or the public health, morals, or decency of this state, and which, if committed within this state, would be a crime, is punishable as if the act were committed within this state.

See § 16, ante; § 678, post. People v. Lyon, 99 N. Y. 219, rev'g 33 Hun, 623; 2 N. Y. Cr 484.

TITLE XVIII.

General Provisions.

SEC. 677. When crimes punishable in different ways.

678. Acts punishable under foreign law.

679. Foreign conviction or acquittal.

680. Contempt, how punishable

681. Mitigation of punishment in certain cases.

682. Rule for punishment of accessory.

683. Sending letter, when deemed complete.

684. Omission to perform duty.

685. Attempts to commit crimes.

686. Same.

687. Restrictions upon preceding sections.
688. Second offense.

689 Same.

690. Habitual criminals.

691. Person, etc., of habitual criminal.

692. Effect of pardon.

693. Woman concealing birth of issue.

694. Imprisonment on two or more convictions.
695. Same.

696, Convict, when sentenced for life.

697 Calculating term.

698, Imprisonment of female convict.

699. Persons between age of 16 and 21 years.

700. Persons between 16 and 30 years.

701. House of refuge.

702. Imprisonment in county jails.

703. Id. in county jail or state prison.

704. Id. in state prison.

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677. When crimes punishable in different ways. - An act or omission which is made criminal and punishable in different ways,

by different provisions of law, may be punished under any one of those provisions, but not under more than one; and a conviction or acquittal under one bars a prosecution for the same act or omission under any other provision.

People v. Church, 1 How. (N. S.) 366; Brooklyn v. Toynbee, 31 Barb 282; Polinsky v. People, 11 Hun, 390; aff'd, 73 N. Y. 65; People, ex rel. McDonald, v. Keeler, 99 N. Y. 463, rev'g 32 Hun, 590; 3 N. Y. Cr. 351; People, ex rel. Vau Houton, v. Sadler, 97 N. Y. 146; Blatchley v. Moser, 15 Wend. 215; People v. Stevens, 13 id. 341; Rogers v. Jones, 1 id. 261; Com. v. Trichey, 13 Allen, 559; Com. v. McConnell, 11 Gray, 204; Huffsmith v. People, 8 Col. 175; 54 Am. Rep. 550. Bar. People v. Krank, 110 N. Y. 492, rev'g 46 Hun, 632; McRea v. Mayor, etc., 59 Ga. 168; 27 Am. Rep. 390; Wragg v. Penn. Township, 94 Ill. 23; Robbins v. People, 95 id. 178; State v. Lee, 29 Minn. 445; Waldo v. Wallace, 12 Ind. 584; Shafer v. Mumma, 17 Md. 331; Mayor v. Allaire, 14 Ala. 404; State v. Sly, 4 Ore. 278; State v. Bergman, 6 id 343; State v. Hamilton, 3 Tex. App. 643; Brownsville v. Cook, 4 Neb. 105; Greenwood v. State, 6 Baxt. 567; 32 Am. Rep. 539; McLaughlin v. Stevens, 2 Cranch C. C. 149.

§ 678. Acts punishable under foreign law.-An act or omission declared punishable by this Code. is not less so because it is also punishable under the laws of another state, government or country, unless the contrary is expressly declared in this Code.

See § 676, ante.

§ 679. Foreign conviction or acquittal.- Whenever it appears upon the trial of an indictment, that the offense was committed in another state or country, or under such circumstances that the courts of this state or government had jurisdiction thereof, and that the defendant has already been acquitted or convicted on the merits upon a criminal prosecution under the laws of such state, or country, founded upon the act or omission in respect to which he is upon trial, such former acquittal or conviction is a sufficient defense. Code Cr. Proc., § 139.

§ 680. Contempt, how punishable.-A criminal act is not the less punishable as a crime, because it is also declared to be punishable as a contempt of court.

See § 143, ante. Eagan v. Lynch, 3 Bro. Civ. Proc. 236; People v. Cole, 2 N. Y. Cr. 108; People, ex rel. Sherwin, v. Mead, 92 N. Y. 420; People, ex rel. McDonald, Keeler, 99 id. 463, rev'g 32 Hun, 590; 3 N. Y. Cr. 354.

§ 681. Mitigation of punishment, etc.—Where it appears, at the time of passing sentence on a person convicted that he has already paid a fine or suffered an imprisonment for the act of which he stands convicted, under an order adjudging it a contempt, the court, passing sentence, may mitigate the punishment to be imposed, in its discretion.

See § 143, ante. People, ex rel. McDonald, v. Keeler, 99 N. Y. 463, rev'g 32 Hun, 590; 3 N. Y. Cr. 351.

§ 682. Rule for punishment of accessory.--When an act or omission is declared by statute to be a misdemeanor, and no punishment for aiding or abetting in the doing thereof is expressly prescribed, every person who aids, or abets another in such act or omission is also guilty of a misdemeanor.

See § 31, ante.

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