Discharging fire arms in public places. Witness' privilege. S495. Every person who willfully discharges any species of fire-arms, air-gun or other weapon, or throws any other missile in any public place, or in any place where there is any person to be endangered thereby, although no injury to any person shall ensue, is guilty of a misdemeanor. S496. No person shall be excused from giving any evidence upon any investigation or prosecution for any of the offenses specified in this chapter, upon the ground that such testimony or evidence might tend to convict him of a crime. But such answer or evidence shall not be received against him upon any criminal proceeding or prosecution. See Laws of 1860, ch. 141. That act applies only to prosecutions for prize fighting; but the reasons which render it proper in connection with that offense apply equally in the case of other crimes committed by numbers acting in concert, such as are specified in this chapter. TITLE XIV. OF CRIMES AGAINST THE REVENUE AND PROPERTY OF THE STATE. SECTION 497. Embezzlements and falsification of accounts by public offi cers. 498. Other violations of law. 499. Officer authorized to make any sale, lease or contract, be coming interested under it. 500. County clerks omitting to publish statement required by law. 501. Obstructing officer in collecting revenue. 502. Selling goods by auction without filing the bond required by the Political Code. 503. Auctioneer accepting appointment as auctioneer in another state, or selling in another state. 504. Auctioneer having two places of business. 505. Auctioneer selling goods at other than his regular place of business. 506. Punishment for violating last two sections. 507. Selling goods without due advertisement. 508. What sales must be made by day. SECTION 509. Auctioneer omitting to render account. 510. Auctioneer committing fraud or attempting to evade the 511. Delivering false bill of lading to canal collector. 512. Weighmaster making false entry of weight of canal boat. 514. Willful injuries to the canals. 515. Drawing off water from canals. 516. Canal officer accepting bribe to allow water to be drawn off from canals. 517. Giving bribe to canal officer to obtain consent to drawing 518. Injuries to the salt works. 519. Seizing military stores belonging to the state. 520. Making false statement in reference to taxes. ments and falsification of accounts officers. S 497. Every public officer, and every deputy, or Embezzleclerk of any such officer, and every other person receiving any moneys on behalf of, or for account of by public the people of this state, or of any department of the government of this state, or of any bureau or fund created by law, and in which the people of this state, are directly or indirectly interested, who either: 1. Appropriates to his own use, or to the use of any person not entitled thereto, without authority of law, any money received by him as such officer, clerk or deputy, or otherwise, on behalf of the people of this state or in which they are interested; or, 2. Knowingly keeps any false account or makes any false entry or erasure in any account of or relating to any moneys so received by him, on behalf of the people of this state, or in which they are interested; or, 3. Fraudulently alters, falsifies, conceals, destroys or obliterates any such account; or, 4. Willfully omits or refuses to pay over to the people of this state or their officer or agent authorized by law to receive the same, any money received by him under any duty imposed by law so to pay over the same, Is guilty of felony. County clerks omit lish state ment re S498. Every officer or other person mentioned in the last section who willfully disobeys any provisions of law regulating his official conduct, in cases other than those specified in that section, is guilty of a misdemeanor. S499. Every public officer, being authorized to sell or lease any property, or make any contract in his official capacity, who voluntarily becomes interested i individually in such sale, lease or contract, directly or indirectly, is guilty of a misdemeanor. See Laws of 1860, ch. 488, § 19; Laws of 1861, ch. 340, § 18; Laws of 1862, ch 285, § 2; also Howell v. Barker, 4 Johns. Ch., 118. $500. Any county clerk who willfully omits to pub ting to publish the annual statement required by section 905 of the Political Code, within the time therein prescribed, is guilty of a misdemeanor. quired by law. Obstructing officer in collecting revenue. Selling goods by auction without required by the Political Code. Rep. Pol. Code, § 906. S501. Every person who willfully obstructs or hinders any public officer from collecting any revenue, taxes or other sums of money in which, or in any part of which the people of this state are directly or indirectly interested, and which such officer is by law empowered to collect, is guilty of a misdemeanor. S502. Every person who acts as auctioneer in selling any goods liable to auction duties, or in selling filing bond in the cities of New York, Brooklyn, Albany, Troy or Buffalo, any personal property whatsoever, except such as is sold under authority of the United States, without having filed the bond required by the provisions of Article II of Chapter IV of Title IV of Part III of the Political Code, or being authorized as assistant to one who has filed such bond, as provided by section 723 of that Code, is guilty of a misdemeanor; and in addition to the punishment prescribed therefor, he forfeits one hundred and twenty-five dollars, for each article so exposed by him to sale, to be recovered by a civil action in the name of the people. Rep. Pol. Code, § 723. accepting ment as auctioneer in another selling in state, or S 503. Every person who accepts an appointment Auctioneer as auctioneer from any other state or is concerned as appoint principal or partner in selling any property in any other state by public auction, or who knowingly receives any benefit on account of any such sale, is guilty of a misdemeanor; and in addition to the punishment prescribed therefor by law, is forever disqualified after his conviction therefor, from being licensed to act as an auctioneer within this state. $504. No auctioneer, in any city of this state shall at one time have more than one place for carrying on the general business of an auctioneer; and every such auctioneer, before acting as such, shall file with the clerk of such city a writing, signed by him, designating such place and naming therein the partners, if any, engaged with him in business. See Rep. Pol. Code, § 727. another state. Auctioneer places of having two business. selling goods at other than his regular place of S 505. No such auctioneer shall expose to sale by Auctioneer public auction any articles liable to auction duties at any other place than that so designated, except goods sold in original packages as imported, pictures, house- business hold furniture, libraries, stationery and such bulky articles as have usually been sold in warehouses, or in the public streets or on the wharves. Rep. Pol. Code, § 728. ment for S506. A violation of either of the last two sections Punishis punishable by a fine not exceeding two hundred and fifty dollars for each offense. Rep. Pol. Code, § 729. violating last two sections. goods with out due advertise ment. S 507. Every person carrying on, interested in or Selling employed about, the business of selling property by auction in the city of New York, who sells any property by auction without having first advertised the same in the manner required by law, or is concerned in any sale by auction not so advertised, is guilty of a misdemeanor. See Rep. Pol. Code, § 731. The mode of advertising auction sales is more particularly prescribed by that section. Auctioneer committing attempting S508. All sales of goods by public auction in the cities of New York, Brooklyn, Albany, Buffalo, Oswego, Syracuse, Troy, Poughkeepsie and Rochester, shall be made in the day-time between sunrise and sunset, excepting : 1. Books, prints, pictures or stationery. 2. Goods sold in the original packages as imported, according to a printed catalogue, of which samples shall have been opened and exposed to public view at least one day previous to the sale. Every person who violates the provisions of this section is guilty of misdemeanor; and in addition to the punishment prescribed therefor by law, is forever disqualified after his conviction therefor, from being licensed to act as an auctioneer within this state. This provision has been reported in substantially the above form in Rep. Pol. Code, § 732, being there restricted to the cities of New York and Albany. In view of the extension of auction business in the larger towns of the state, the Commissioners are of opinion that the section should be extended to embrace the other cities named in the text. S509. Every auctioneer, and every partner or clerk of an auctioneer, and every person whatever in any way connected in business with an auctioneer, who willfully omits to render any semi-annual or other account, by law required to be rendered, at the time or in the manner prescribed by law, or who willfully omits to pay over any duties legally payable by him at the time and in the manner prescribed by law, is guilty of a misdemeanor. See Rep. Pol. Code, §§ 738-748. S510. Every auctioneer, and every partner or clerk fraud or of any auctioneer, and every person whatever in any way connected in business with an auctioneer, who sions of the commits any fraud or deceit, or by any fraudulent to evade the provi Political Code. means whatever seeks to evade or defeat the provisions of Chapter IV of Title IV of Part III of the Political Code, entitled AUCTIONS, is guilty of misdemeanor; |