4. Maims or injures any other person by the discharge of any fire-arm pointed or aimed intentionally, but without malice, at any such person, Is guilty of a misdemeanor. [Amended by chap. 692 of 1893.] § 468a. Criminal anarchy defined. -Criminal anarchy is the doctrine that organized government should be overthrown by force or violence, or by assassination of the executive head or of any of the executive officials of government, or by any unlawful means. The advocacy of such doctrine either by word of mouth or writing is a felony. [New.] Added by chap. 371 of 1902. In effect April 3, 1902. § 468b. Advocacy of criminal anarchy.-Any person who: 1. By word of mouth or writing advocates, advises or teaches the duty, necessity or propriety of overthrowing or overturning organized government by force or violence, or by assassination of the executive head or of any of the executive officials of government, or by any unlawful means; or, 2. Prints, publishes, edits, issues or knowingly circulates, sells, distributes or publicly displays any book, paper, document, or written or printed matter in any form, containing or advocating, advising or teaching the doctrine that organized government should be overthrown by force, violence or any unlawful means; or, 3. Openly, willfully and deliberately justifies by word of mouth or writing the assassination or unlawful killing or assaulting of any executive or other officer of the United States or of any state or of any civilized nation having an organized government because of his official character, or any other crime, with intent to teach, spread or advocate the propriety of the doctrines of criminal anarchy; or, 4. Organizes or helps to organize or becomes a member of or voluntarily assembles with any society, group or assembly of persons formed to teach or advocate such doctrine; is guilty of a felony and punishable by imprisonment for not more than ten years, or by a fine of not more than five thousand dollars, or both. [New.] Added by chap. 371 of 1902. In effect April 3, 1902. § 468c. Liability of editors and others. - Every editor or proprietor of a book, newspaper or serial and every manager of a partnership or incorporated association by which a book, newspaper or serial is issued, is chargeable with the publication of any matter contained in such book, newspaper or serial. But in every prosecution therefor, the defendant may show in his defense that the matter complained of was published without his knowledge or fault and against his wishes, by another who had no authority from him to make the publication and whose act was disavowed by him so soon as known. [New.] Added by chap. 371 of 1902. In effect April 3, 1902. § 468d. Assemblages of anarchists. Whenever two or more persons assemble for the purpose of advocating or teaching the doctrines of criminal anarchy, as defined in section four hundred and sixty-eight-a of this title, such an assembly is unlawful, and every person voluntarily participating therein by his presence, aid or instigation, is guilty of a felony and punishable by imprisonment for not more than ten years, or by a fine of more than five thousand dollars, or both. [New.] Added by chap. 371 of 1902. In effect April 3, 1902. § 468e. Permitting premises to be used for assemblages of anarchists. The owner, agent, superintendent, janitor, caretaker or occupant of any place, building or room, who willfully and knowingly permits therein any assemblage of persons prohibited by section four hundred and sixty-eight of this title, or who, after notification that the premises are so used permits such use to be continued, is guilty of a misdemeanor, and punishable by imprisonment for not more than two years, or by a fine or not more than two thousand dollars, or both. [New.] Added by chap. 371 of 1902. In effect April 3, 1902. § 469. Witnesses' privilege.-No person shall be excused from giving evidence upon an investigation or prosecution for any of the offenses specified in this title, upon the ground that the evidence might tend to convict him of a crime. But such evidence shall not be received against him upon any criminal proceeding. See § 712, post. TITLE XIV. Of Crimes against the Revenue and Property of the State. SEC. 470. Misappropriation, etc., and falsification of accounts by public officers. 471. Other violations of law. 472. Misappropriation, etc., by county treasurer. 473. Officer authorized to make any sale, lease or contract, becoming in terested under it. 474. County clerks omitting to publish statement required by law. 475. Obstructing officer in collecting revenue. 476. Delivering false bill of lading to canal collector. 477. Weighmaster making false entry of weight of canal boat. 478. Canal officer concealing frauds upon the revenue. 479. Wiliful injuries to the canals 480. Drawing off water from canals 481. Canal officer accepting bribe to allow water to be drawn off from canals. 482. Fraudulent appropriation of lost treasure or waived property. 483 Injuries to the salt works. 484. Seizing military stores belonging to the state. 485. Making false statement in reference to taxes. 485a.School district trustee not to draw draft on supervisor in certain cases. § 470. Misappropriation, etc., and falsification of accounts by public officers. - A public officer, or a deputy, or clerk of any such officer, and any other person receiving money on behalf of, or for account of 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, or for or on account of any city, county, village or town, who 1. Appropriates to his own use, or to the use of any person not entitled thereto, without authority of law, any money so received by him as such officer, clerk or deputy, or otherwise; or 2. Knowingly keeps any false account, or makes any false entry or erasure in any account of, or relating to, any money so received by him, 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, or to such city, village, county or town, or the proper officer or authority empowered to demand and receive the same, any money received by him as such officer, when it is his duty imposed by law to pay over, or account for, the same; Is guilty of felony. See § 114, sub. 2, ante; § 515, post; Bork v. People, 91 N. Y. 5; People v. Lyon, 1 N. Y. Cr. 400; People v. Church, 1 How. (N. S.) 366; 3 N. Y. Cr. 57. § 471. Other violations of law. -An officer or other person mentioned in the last section who willfully disobeys any provision of law regulating his official conduct, in cases other than those specified in that section is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars, or imprisonment not exceeding two Jears, or both. See § 155, supra. § 472. Misappropriation, etc., by county treasurer.-A county treasurer, who willfully misappropriates any moneys, funds or securities, received by or deposited with him as such treasurer, or who is guilty of any other malfeasance or willful neglect of duty in his office, is punishable by a fine not less than five hundred dollars nor more than ten thousand dollars, or by imprisonment in a state prison not less than one year or more than five years, or by both such fine and imprisonment. § 473. Officials not to be interested in contracts, etc. -A public officer or school officer, who is authorized to sell or lease any property, or to make any contract in his official capacity, or to take part in making any such sale, lease or contract, who voluntarily becomes interested individually in such sale, lease or contract, directly or in. directly, except in cases where such sale, lease or contract, or pay. ment under the same, is subject to audit or approval by the superintendent of public instruction, is guilty of a misdemeanor. [AMD. CH. 220 of 1890.] Howell v. Barker, 4 Johns. Ch. 118. § 474. County clerks omitting to publish statement required by law. A county clerk who willfully omits to publish any statement required by law, within the time prescribed, is guilty of a misdemeanor, punishable by a fine of one hundred dollars, or imprisonment for six months, or both. § 475. Obstructing officer in collecting revenue. - A person who willfully obstructs or hinders a public officer from collecting any revenue, taxes or other sum 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. § 476. Delivering false bill of lading to canal collector. - A person whose duty it is to deliver to any collector of tolls upon any of the canals belonging to this state, a bill of lading of any property transported upon such canal, who delivers a false bill of lading as true, or makes or signs a false bill of lading, intending it to be delivered as true, knowing such bill to be false, is punishable by imprisonment in a state prison not exceeding two years, or by a fine not exceeding three times the value of the property omitted in such bill, or both. Davis v. Bemis, 40 N. Y. 453. §477. Weighmaster making false entry, etc. - A weighmaster upon any of the canals belonging to this state, and a clerk of such weighmaster, who makes a false entry of the weight of any boat, or cargo of any boat, navigating such canal, or who makes a false certificate of the light weight of any boat, knowing such entry or certifi cate to be false, is guilty of a misdemeanor. § 478. Canal officer concealing frauds, etc. - A public officer or agent employed by the people of this state in relation to the canals belonging to this state, who knows, or has good reason to believe hat any fraud upon the revenues of the canals has been committed or attempted, and who omits to disclose the same, and enforce the penalties therefor, if within his power, is guilty of a misdemeanor. § 479. Willful injuries to the canals. - A person who, without authority of law, willfally inflicts an injury upon any of the canals belonging to this state, or disturbs or injures any of the boats, locks, bridges, buildings, machinery or other works or erections connected with any such canal, and in which the people of this state have an interest, is guilty of felony. See Code Cr. Proc., § 56; Smith v. Clark, 3 Lans. 208. § 480. Drawing off water from canals. - A person who draws water from any canal in this state, or from a feeder or reservoir of any canal, during the season of navigation of the canal, and to the detriment or injury of the navigation thereof, without authority of law, is punishable by imprisonment in a county jail not less than one year, and by a fine not less than one thousand dollars. Varrick v. Smith, 5 Paige, 136; Ex parte Miller, 2 Hill, 418; Lynch v. Stone, 4 Den. 356; Robinson v. Chamberlain, 34 N. Y. 400; Sipple v. State, 99 id. 289; 16 Abb. N. C. 434. § 481. Canal officer accepting bribes, etc. - A public officer or agent employed by the people of this state in relation to the canals belonging to the state, or a contractor for canal repairs, or person having charge of any canal, or any part thereof, or of any lock, waste weir, feeder or other work belonging thereto, or being employed thereon, who asks, or accepts or promises to accept any bribe as an inducement to permit water to be drawn from a canal, feeder or reservoir in violation of the last section; and a person who gives, or offers or promises to give to any officer or person above mentioned, any bribe as an inducement to him to permit water to be drawn from any canal, feeder or reservoir in violation of this section, is guilty of a misdemeanor. § 482. Fraudulent appropriation of lost treasure, etc. - A person who fraudulently conceals or appropriates to his own use any lost treasure or any waived property belonging to this state by virtue of its sovereignty, is guilty of a misdemeanor. § 483. Injuries to the salt works. - A person who willfully burns, destroys, or injures any salt manufactory connected with the Onondaga salt springs, or any building appurtenant to such manufactory or any part of such manufactory, or any of the buildings, reservoirs, pumps, conductors or water conduits, belonging to this state, used in the raising of salt water for the manufacture of salt, without authority of law, is punishable by imprisonment in a state prison not exceeding five years. § 484. Seizing military stores belonging to the state. - A person who enters any fort, magazine, arsenal, armory, arsenal yard or encampment, and seizes or takes away any arms, ammunition, military stores or supplies belonging to the people of this state; and a person who enters any such place with intent so to do, is punishable by im. prisonment in a state prison not exceeding ten years. § 485. Making false statement in reference to taxes. -A person, who, in making any statement, oral or written, which is required or authorized by lawt be made as the basis of imposing any tax or |