PART IV. Not residents of the state. Trial may be had in plainant, in the penal sum of not less than two hundred and fifty, nor more than one thousand dollars, in the discretion of the court, conditioned, in case the defendant be convicted, for the payment of all the complainant's reasonable and necessary traveling expenses incurred in going to and from his place of residence and the place of trial, and the necessary expenses in attendance on the trial, in the prosecution of the defendant. Such bond shall be signed by two sufficient sureties, to be approved by any judge of any court of record exercising criminal jurisdiction; and in no case shall such defendant be indicted for the printing or publication of a single libel in more than one county of this state. $2. In all cases where a libel has been, or may hereafter be printed or published, against any person not a resident of this state, the accused shall be indicted, and the trial thereof shall be had, in the county where the said libel was or may hereafter be printed and published. $ 3. In all cases where such paper shall not upon its face any county. purport to be, or to have been printed and published in a particular county of this state, the accused may be indicted, and the trial thereof had, in any one county where the said paper has been or may hereafter be circulated. Power of courts not affected. Amendment. Offence described. S 4. Nothing in this act contained shall abridge, or in any manner affect, the right or power of any competent court to change the place of trial of indictments for libel in the manner now provided by law. CHAP. 539. AN ACT to amend the existing law relating to bribery. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S 1. The ninth and tenth sections, in article second, of title four, chapter one, part four, of the Revised Statutes of this state, which article is entitled "Of bribery, and corrupting jurors and others," are hereby so amended as to read as follows: $9. Every person, who shall promise, offer, or give, or cause, or aid, or abet in causing to be promised, offered, or given, or furnish, or agree to furnish, in whole or in part, to the governor, or lieutenant-governor, or to any member of the senate, or assembly of this state, after his election as such member, and either before or after he shall have qualified and taken his seat, or to any clerk or other officer of the senate or assembly; to any commissioner of the land office, or of the canal fund, or any canal commissioner, of canal appraiser; to the comptroller, surveyor-general, state engineer and surveyor, secretary of state, attorney-general, or superintendent of the banking department; to any judge of any court of record or to any judicial officer whatever; to any member of the common council, or corporation of any city in this state, or to any mayor, recorder, chamberlain, treasurer, or comptroller of such city, or to any other officer of such city, or of any department of the government thereof; any money, goods, right in action, or other property, or anything of value, or any pecuniary, or other individual advantage, present or prospective, with intent to influence his vote, opinion, judgment, or action upon any question, matter, cause or proceeding, which may be then pending, or may by law be brought before him in his official capacity, shall, upon such conviction, be imprisoned in a state prison not exceeding ten years, or shall be fined not exceeding five thousand dollars, or both, in the discretion of the court. СНАР. І $10. Every officer, in the last section enumerated, who shall accept any such gift, thing of value or advantage, or any promise or undertaking to make or furnish the same, under any agreement or understanding that his vote, opinion, judgment, or action shall be influenced thereby, or shall be given in any particular manner, or upon any particular side of any question, matter, cause, or proceeding then pending, or which may by law be brought before him in his official capacity, or who shall, directly or indirectly, demand, require, propose to receive, receive or entertain any negotiation or proposition for any such gift, thing of value or advantage, as a consideration or motive for his official vote, action or influence, shall, upon conviction, be forever disqualified from Disqualidholding any public office, trust or appointment, under the constitution or laws of this state, shall forfeit his office, and shall be punished by imprisonment in a state prison not exceeding ten years, or by a fine not exceeding five thousand dollars, or both, in the discretion of the court. § 2. The said article second, of title four, is hereby further amended, by adding at the end thereof, the following three sections, thirteen, fourteen and fifteen of said title four: $ 13. Every person who shall knowingly bear or convey any such gift, gratuity or proposal, or shall, in any manner, negotiate, between any other persons, for any act in violation of either of the provisions of the preceding sections of this article, shall, upon conviction, be punished in like manner and to the same extent, as the principal offenders, respectively, would be liable to be punished under the provisions of this article for committing such act, except only the disqualification and forfeiture of office mentioned in the preceding tenth section. cation. $14. Every person offending against either of the provi- Testimony sions of the preceding sections in this article, shall be a competent witness against any other person so offending, and may be compelled to appear and give evidence before any magistrate or grand jury, or in any court, in the same manner PART IV. Where tried. as other persons; but the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying. S 15. Every person offending, as in the last section is specified, may be indicted, tried and convicted in the county in which such offence shall be committed, or in an adjoining county. In any prosecution for such offence, if any person shall refuse, or without just cause, omit to appear, or to produce any paper or writing, before any magistrate or grand jury, or in court, according to the requirements of a subpoena for that purpose duly served upon him; or if any competent Refusal to witness there present shall, when duly required, refuse or punished. omit to testify, the magistrate or court in which such prosecution shall be pending, may, in addition to any other punishment authorized by law for a criminal contempt of court, order such person or witness to be imprisoned until he shall consent to appear and testify, or produce such paper or writing; and may, in its discretion, order any such proceeding or trial to be suspended, or a juror, from time to time, to be withdrawn and the trial postponed, until the testimony of such witness or such paper or writing, shall be obtained, testify, how Reporters, &c. when libel. CHAP. 130. AN ACT in relation to libel. PASSED April 1, 1854. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. No reporter, editor or proprietor of any newspaper allowed to shall be liable to any action or prosecution, civil or criminal, for a fair and true report in such newspaper of any judicial, legislative, or other public official proceedings of any statement, speech, argument or debate in the course of the same, except upon actual proof of malice in making such report, which shall in no case be implied from the fact of the publication. When not allowed. 24 N. Y., 20. S2. Nothing in the preceding section contained shall be so construed as to protect any such reporter, editor or proprietor from an action or indictment for any libelous comments or remarks superadded to and interspersed or connected with such report. CHAP. L CHAP. 37. AN ACT to prevent and punish prize fighting. PASSED March 7, 1859; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: be arrested $1. Every person who shall, in this state, set on foot, insti- Persons to gate, promote, aid, abet or encourage, or do any act towards when engaged in the furtherance of any premeditated contention or fight, ights, &o. between two persons, commonly called ring or prize fights, to be engaged in either within or without this state; and every person who shall, in this state, send, in writing, or publish any challenge, or an acceptance of any challenge for such contention or fights; and every person who shall in this state train or assist any person in training for any such contention or fight, and every inhabitant of this state who shall go out of this state to engage or take part in, or to be present at such contention or fight, shall be guilty of a misdemeanor, and upon conviction shall be punished by imprisonment for not less than six months, nor longer than one year; or, by fine, not less than two hundred dollars, nor more than one thousand dollars, or by both fine and imprisonment. De issued nation to § 2. If it shall be made to appear to any magistrate having Warrant to power to hear complaints in criminal cases, that there is rea- and exami sonable ground to apprehend that an offense within any of be had. the specifications of the preceding section is about to be committed, such magistrate shall issue his warrant to the sheriff or constable in the county of such magistrate's residence, for the arrest of the person or persons so about to offend; and upon such person being brought before him, such magistrate shall inquire into the matter, and if it shall appear that there is reasonable ground to apprehend that such person was about to commit any offense specified in the preceding section, he shall require such person to enter into a bond to the people of the state of New York, in such sum not exceeding one thousand dollars, as such magistrate shall fix, that such person will not for the space of one year offend against any of the provisions of this act; such bond may, in the discretion of the magistrate, be required to be with sureties, to be approved of by such magistrate, or may be taken without surety. If such person shall omit or refuse to enter into such bond, Penalty. the magistrate shall commit such person to the county jail, there to remain until discharged by a court of record having criminal jurisdiction. $3. Any person committed, under the last section, to the County jail, may at any time, upon habeas corpus, be discharged from his imprisonment, by executing the bond directed by the committing magistrate; if such bond was required to PART IY. Duties of sheriffs, & C. be with surety, the officer taking the same shall approve of the surety. S4. It shall be the duty of all sheriffs, constables, policeconstables, men and watchmen who shall have reasonable grounds to believe that any offense specified in the first section of this act is about to be committed within their jurisdiction, to make complaint under the provisions of this act, to some magistrate within their jurisdiction, and if any sheriff, constable, policeman or watchman shall willfully neglect his duty in this respect, he shall be, upon conviction, deemed guilty of a misdemeanor, and shall also forfeit his office. Who may be compelled to testify as witnesses. S6. Every person offending against either or any of the provisions of section one of this act shall be a competent witness against any other person offending in the same transaction, and may be compelled to appear and give evidence before any grand jury, or in any court, in the same manner and to the same extent as other persons; and no person examined as a witness shall be excused from answering any question on the ground that his answer will tend to convict him of an offense under this act; but his answers or evidence shall not be used against him in any proceeding or prosecution whatever, and he shall not be liable to punishment or indictment for the offense respecting which he is required to testify. As amended by Laws of 1860, ch. 141. Arms, &c. may be loaned in certain Савев. Guard to protect jail ganized. CHAPTER II. Proceedings in Criminal Cases. CHAP. 69. AN ACT to enforce the laws and preserve order. PASSED April 15, 1845. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. The commander-in-chief may, on the application of any sheriff, deputy sheriff, or district attorney, or either of them, or of the mayor or recorder of any city, or of the commander of any uniform company, loan to such officer, or to any military company, or to any number of citizens, or to any city, village, or town, any number of stands of arms and military equipage from any of the arsenals or military stores of this state, which he shall deem proper, and for such time and on such terms and conditions and security as he shall deem proper. $2. On the application of the sheriff, under sheriff, or district attorney of any county of this state, with the assent of a |