Disposing of tainted food, &c.

ous or malt liquor, or wine, or any article useful in compounding either of them, whether one useful for mankind or for animals, with a fraudulent intent to offer the same, or cause or permit it to be offered for sale as unadulterated or undiluted; and every person who fraudulently sells, or keeps or offers for sale the same as unadulterated or undiluted, knowing it to have been adulterated or diluted, is guilty of a misdemeanor.

S 452. Every person who knowingly sells, or keeps, or offers for sale or otherwise disposes of any article of food, drink, drug or medicine knowing that the same has become tainted, decayed, spoiled or otherwise unwholesome or unfit to be eaten or drank, with intent to permit the same to be eaten or drank by any person or animal, is guilty of a misdemeanor.

Making or S 453. Every person who manufactures or causes keeping slung shot. to be manufactured, or sells, or offers or keeps for sale, or gives or disposes of any instrument or weapon of the kind usually known as slung shot, or of any similar kind, is guilty of a misdemeanor.

Carrying upon the

person, or using or

See Laws of 1849, ch. 278, § 1.

S454. Every person who carries upon his person, whether concealed or not, or uses or attempts to use attempting against another, any instrument or weapon of the kind usually known as slung shot or of any similar kind, is guilty of felony.

to use slung shot.

Carrying

weapons.

See Laws of 1849, ch. 278, § 2. So much of this section as makes it felony to "be found in possession of" a slung shot is omitted because many cases of possession are covered by section 1 of that act; embodied in section 453, supra.

S 455. Every person who carries concealed about concealed his person any description of fire-arms, being loaded or partly loaded, or any sharp or dangerous weapon such as is usually employed in attack or defense of the person, is guilty of a misdemeanor.

Such a provision as the above does not infringe the provision of the United States constitution (Amendments

art. 2,) which declares that the right of the people to
keep and bear arms, shall not be infringed; inasmuch as
it is a measure of police, prohibiting only a particular
mode of carrying arms, which is found dangerous to the
peace of society. State v. Zumel, 13 La. Ann., 399.

in respect

to fires.

S456. Every person who negligently sets fire to Negligence his own woods, or negligently suffers any fire upon his own land to extend beyond the limits thereof, is guilty of a misdemeanor.

See Rep. Pol. Code, § 763.

assist in

ing fire in

the woods.

S457. Every person who, having been lawfully Refusing to ordered, as provided by section 764 of the Political extinguishCode, to repair to the place of a fire in the woods and assist in extinguishing it, omits without lawful excuse to comply with such order, is guilty of a misde

meanor.

attempts to

fires.

S 458. Every person who, at any burning of a Obstructing building is guilty of any disobedience to lawful extinguish orders of any public officer or fireman, or of any resistance to or interference with the lawful efforts of any fireman or company of firemen, to extinguish the same, or of any disorderly conduct calculated to prevent the same from being extinguished, or who forbids, prevents or dissuades others from assisting to extinguish the same, is guilty of a misdemeanor.

ing ferry

authority

of law.

$459. Every person who maintains any ferry for Maintainprofit or hire upon any waters within this state, with- without out authority of law, is punishable by a fine not exceeding twenty-five dollars for each time of crossing or running such ferry. Where such ferry is upon waters dividing two counties, the offender may be prosecuted in either.

Suggested as a substitute for Rep. Pol. Code, § 661.

condition

of recognikeep a ferry

S460. Every person who, having entered into a Violating recognizance, as provided by section 659 of the Political Code, to keep and attend a ferry, violates the condition of such recognizance, is guilty of a misde

meanor.

See Rep. Pol. Code, § 660.

zance to

Engineer

omitting to

S 461. Every person in charge, as engineer, of a ring bell or locomotive engine, who omits to cause a bell to ring

sound whis

tle when locomotive crosses

highway.

Intoxica

tion of engineers, conductors

or a steam whistle to sound at the distance of at least eighty rods from the place where the track crosses, on the same level, any traveled public way, is punishable by a fine not exceeding fifty dollars, or by imprisonment in the county jail not exceeding sixty days. See Rep. Pol. Code, § 557.

$ 462. Every person who, while in charge, as engineer, of a locomotive engine or while acting as conand drivers ductor or driver upon any railroad train or car, whether propelled by steam or drawn by horses, is intoxicated, is guilty of a misdemeanor.

upon railroads.

Violations

of duty by officers, agents or

railroad

Substituted for Rep. Pol. Code, § 588.

S463. Every engineer, conductor, brakeman, switchtender or other officer, agent or servant of any railservants of road company, who is guilty of any willful violation companies. or omission of his duty as such officer, agent or servant by which human life or safety is endangered, the punishment for which is not otherwise prescribed, is guilty of a misdemeanor.

Duty of guarding ice cuttings

How long such guards must be

maintained.

Violation of duty to

maintain

guards

around ice

cuttings a

misde

meanor.

S464. All persons and incorporated companies cutting ice in or upon any waters within the boundaries of this state, for the purpose of removing such ice for sale, shall surround the cuttings and openings made, with fences of bushes or other guards sufficient to warn all persons of such cuttings and openings. See Laws of 1860, ch. 20, § 1.

$465. Such fences or guards must be erected at or before the time of commencing such cuttings or openings, and must be maintained until ice has again formed in such openings to the thickness of at least six inches.

Ibid.

S466. Every person who violates the provisions of the last two sections, is guilty of a misdemeanor.

tions in the text are founded, applies only to ice cuttings
in the waters of the Hudson river and the tide waters of
the Rondout and Catskill creeks; and it requires the fence
to be at least four feet high. The Commissioners deem
the principle upon which the act is founded, one which
should be extended to other waters than those specified
in the act. In many localities, however, a less expensive
fencing than the act referred to requires, would give
ample protection to the public. The Commissioners have,
therefore, defined the duty in general terms, leaving the
sufficiency of guards erected in any particular locality to
be judged when occasion arises.

Using net lawfully

or weir un

in Hudson

S 467. Every person who uses any net or weir or sets any pole or other fixture in any part of the Hudson river, except as permitted by section 266 of river. the Political Code, is guilty of a misdemeanor.

Rep. Pol. Code, § 266.

person

affected

with a con

S468. Every person who willfully exposes himself Exposing or another person, being affected with any contagious disease, in any public place or thoroughfare, except in his necessary removal in a manner not dangerous public to the public health, is guilty of a misdemeanor.

$469. Every person who willfully makes or publishes any false statement, spreads any false rumor, or employs any other false or fraudulent means or device, with intent to affect the market price of any kind of property, is guilty of a misdemeanor.

tagious dis

ease in a

place.

Frands

practised to

affect the

market

price.

false

in news

$470. Every editor or proprietor of any newspaper Publishing who willfully publishes in such newspaper as true, statements any statement which he has not good reason to be- papers. lieve to be true, with intent to increase thereby the sales of copies of such paper, is guilty of a misde

meanor.

ping.

S 471. Every person guilty of secretly loitering Eavesdropabout any building, with intent to overhear discourse therein, and to repeat or publish the same to vex or annoy or injure others, is guilty of a misdemeanor.

The common law definition of this offense, which is known as "eavesdropping," seems to have confined it to

Racing upon high

ways.

loitering about dwelling houses (2 Bish. Cr. L., § 274; Russ. on Cr., 327; 4 Blackst. Comm., 168). The reasons which render the act obnoxious to punishment when committed with reference to dwellings, apply, however, with nearly equal force, to buildings occupied for other purposes.

S472. Every person driving any conveyance drawn by horses upon any public road or way, who causes or suffers his horses to run, with intent to pass another conveyance or to prevent such other from passing his own, is guilty of a misdemeanor.

Suggested as a substitute for Rep. Pol. Code, § 669.

TITLE XIII.

OF CRIMES AGAINST THE PUBLIC PEACE.

SECTION 473. Disturbing lawful meetings.

474. "Riot" defined.

475. Punishment of riot.

476. "Rout" defined.

477. Unlawful assembly.

478. Assembly of persons disguised.

479. Punishment of rout and unlawful assembly.

480. Allowing masquerades to be held in places of public resort. 481. Remaining present at place of riot, &c., after warning to

disperse.

482. Remaining present at place of a meeting, originally lawful, after it has adopted an unlawful purpose.

483. Refusing to obey a lawful command to assist in arresting

rioter.

484. Combinations to resist execution of process.

485. Prize fights.

486. Challenges to engage in prize fights.

487. What is a challenge.

488. Leaving the state to engage in prize fights.

489. Place of trial.

490. Special duty of peace officers with respect to prize fights.

491. Neglect of duty by peace officers, a misdemeanor.

492. Forcible entry and detainer.

493. Returning to take possession of lands after being removed

by legal process.

494. Unlawful intrusions upon lands of another.

495. Discharging fire-arms in public places.

496. Witness' privilege.