design, device, symbol, name, advertisement, words, marks, notice or token whatever, or who displays or exhibits or causes to be displayed or exhibited any flag, standard, color or ensign of the United States or flag of this state, or flag, standard, color or ensign evidently purporting to be either of said flags, standards, colors or ensigns, upon which shall, in any manner be placed, attached, annexed or affixed, any inscription, design, device, symbol, name, advertisement, words, marks, notice or token whatever, or who publicly mutilates, tramples upon or otherwise defaces or defies* any of said flags, standards, colors or ensigns, whether any of said flag, standards, colors or ensigns are public or private property, shall be deemed guilty of a misdemeanor. Provided, however, that flags, standards, colors, or ensigns, the property of or used in the service of the United States or of this state, may have inscriptions, names of actions, words, marks or symbols, placed thereon pursuant to law or authorized regulations. [SUBD. 16, ADDED BY CH. 12 OF 1899. In effect Sept. 1, 1899] See §§ 195, 196, 467, 537, supra; § 646, post. See Code Cr. Proc., § 56; Comfort Fulton, 39 Barb. 56; People v. Blake, 1 Wh. C. C.490. Injury to animals. People v. Smith, 5 Cow. 258; State v. Wilson, 3 Mo. 125; Bock v. State, 50 Ind. 281. Claim of title. Wendson v. State, 13 id. 375; Palmer v. State, 45 id. 388; State v. Robinson, 3 Dev. & Batt. 130; State v. Leavitt, 32 Me. 183; People v. Moody, 5 Park. 568; State v. Council, 1 Overt. 305; Resp. v. Teischer, 1 Dall. 335. Under claim of right. Goforth v. State, 8 Humph. 37; Sattler v. People, 59 Ill. 68; Wait v. Green, 5 Park. 185. Sub. 2. People v. Horr, 7 Barb. 9. Sub. 3. Anderson v. How, 116 Ν. Υ. 341; 26 N. Y. State Rep'r, 790; Thaule v. Krekeler, 81 N. Y. 428; Marks v. Townsend, 97 id. 590; Bulkeley v. Ketaltas, 6 id. 384; Heine v. Blair, 62 id. 24; Fagnan v. Knox, 66 id. 525; Com. v. Snelling, 15 Pick. 337; Com. v. Williams, 110 Mass. 401; Com. v. Kneeland, 20 Pick. 245; Foshay v. Furguson, 2 Den. 617; Carl v. Ayers, 53 N. Y. 14. Sub. 5. Kilpatrick v. People, 5 Den. 277. Sub. 8. People v. Decker, 33 N. Y. State Rep'r, 957; 10 N. Y. Supp. 676. §640a. Trespasses on Indian land. A person who cuts, removes, causes to be removed or aids or assists in removing from the Allegany, Cattaraugus, Tonawanda or Onondaga reservations any wood, trees, timber, bark or poles, except as authorized by law, is guilty of a misdemeanor. [ADDED BY CH. 692 OF 1893.] §640b. Trespasses on Onondaga reservation.-A person, other than an Onondaga Indian, who cuts or removes from the Onondaga reservation any tree, timber, wood, bark or poles; or an Indian who cuts for the purpose of sale or removal from such reservation, or who removes, causes to be removed or aids in the removal from such reservation of any tree, timber, wood, bark or poles. except on the written permission of a majority of the chiefs of the Onondaga tribe, particularly specifying the quantity and kind of trees, timber, wood, bark or poles to be cut or removed, is guilty of a misdemeanor. [ADDED BY CH. 692 OF 1893.] § 640c. Cutting ice in front of premises of another.-A person who takes possession of or cuts ice in front of the lands of another on any water except lakes, ponds, the Hudson and Mohawk rivers and the tidewaters of Rondout and Catskill creeks, between the center of such body of water and such lands, after the owner or occupant has posted in a conspicuous manner upon such lands near the banks of such waters a written or 1rinted notice of his desire to cut ice in front of such lands; or 2. Trespasses upon or takes such ice or any part thereof for commercial purposes; or 3. Willfully removes any such notice; is guilty of a misdemeanor. [ADDED BY Cн. 692 от 1893.] § 640d, Offering real property for sale without written authority. In cities of the first and second class, any person who shall offer for sale any real property without the written authority of the owner of such property, or of his attorney in fact, appointed in writing, or of a person who has made a written contract for the purchase of such property with the owner thereof shall be guilty of a misdemeanor. [ADDED BY CH. 128 OF 1901. In effect Sept. 1, 1901.] § 640e. Applying for a loan on real property without written authority. In cities of the first and second class, any person who shall make application to any other person, or to any corporation, for a loan upon any real property without the written authority of the owner of such real property, or of his attorney in fact, appointed in writing, or of a person who has made a written contract for the purchase of such property with the owner thereof, shall be guilty of a misdemeanor. [ADDED DY CH. 128 OF 1901. In effect Sept. 1, 1901.] § 641. Divulging, etc., telegram, etc., a misdemeanor. -A person who, either 1. Wrongfully obtains, or attempts to obtain, any knowledge of a telegraphic or telephonic message by connivance with a clerk, operator, messenger, or other employe of a telegraph or telephone company; or 2. Being such clerk, operator, messenger, or other employe, wilfully divulges to any one but the persons for whom it was intended, the contents or the nature thereof of a telegraphic or telephonic message or dispatch intrusted to him for the transmission or delivery, or of which contents he may in any manner become possessed, or occupying such position in a telegraph office shall wilfully refuse or neglect duly to transmit or deliver messages received at such office, except when such telegraphic or telephonic message or dispatch is in aid of or used to abet or carry on any unlawful business or traffic, or to perpetrate any criminal offense, and when it shall appear that any offense at law or unlawful business or traffic is being carried on or conducted in whole or in part by means of a telegraphic or telephonic message or dispatch, it shall be the duty of any corporation or employe having knowledge of the same, to withhold such dispatch from delivery, and to further furnish to any public officer whose duty it is to prosecute any offense at law so aided and abetted, all information in their possession, relating to said unlawful business or traffic; and to further assist in the identification of any person aiding or abetting in or conducting any such unlawful business or traffic, and any violation of this act or refusal or neglect to furnish information as provided hereinbefore, is punishable by a fine of not more than one thousand dollars, or by imprisonment for not more than two years, or by both such fine and imprisonment. [AM'D BY CH. 727 OF 1895 AND CH. 661 OF 1901.] § 642. Opening or publishing a letter, etc. -Any person who wilfully, and without authority, either 1. Opens or reads, or causes to be opened or read, a sealed letter, telegram or private paper; or 2. Publishes the whole or any portion of such a letter, or telegram, or private paper, knowing it to have been opened or read without authority; or 3. Takes a letter, telegram or private paper, belonging to another, or a copy thereof, and publishes the whole or any portion thereof; or 4. Publishes the whole or any portion of such letter, telegram, or private paper, knowing it to have been taken or copied without authority; or 5. Publishes or causes to be published, or connives at the publication of any letter, telegram, or private paper or of any portion of any letter, telegram, or private paper found on, or among the effects of, any person who has been dangerously wounded, or who has committed suicide, or who has died suddenly, or who has been found dead, unless such letter, telegram, or private paper shall have been produced pursuant to law before a coroner at an inquest, and the publication of such letter, telegram, or private paper, or of such portion of such letter, telegram, or private paper shall have been declared by that coroner in writing to be necessary to aid in the discovery of a crime, or of the identity of the wounded or deceased person, is guilty of a misdemeanor. [AM'D BY CH. 588 OF 1900. In effect Sept. 1, 1900.] Noulis case, 3 C. H. Rec. 13; U. S. v. Eddy, 1 Bis. 227; McCormack v Perry, 47 Hun, 71; United States v. Hilbury, 29 Fed. Rep'r, 705. §643 Affixing advertisement to another's land, etc., how punished.-A person who places upon or affixes to, or causes or procures to be placed upon or affixed to, real property not his own, or a rock, tree, wall, fence, or other structure thereupon, without the consent of the owner, any words, characters, or device, as a notice of, or reference to any article, business, exhibition, profession, matter or event, is punishable by imprisonment for not more than six months, or by a fine of not more than two hundred and fifty dollars, or by both. §644. Presumptive evidence against certain persons. -The placing or affixing of any words, characters, device, or notice, of any article, business or other thing, to or upon any property or place specified in the last section, is presumptive evidence that the proprietor, vendor, or exhibitor thereof caused or procured the same to be so placed or affixed. §645. Endangering life by malicionsly placing explosive near building.-A person, who places in, upon, under, against, or near to, any building, car, vessel or structure, gunpowder or any other explosive substance, with intent to destroy, throw down, or injure the whole or any part thereof, under such circumstances, that, if the intent were accomplished, human life or safety would be endangered thereby, although no damage is done, is guilty of a felony. §§ 201, 636, ante. § 646. Malicious injury to standing crops, etc.-A person, who maliciously injures or destroys any standing crops, grain, cultivated fruits, or vegetables, the property of another, in any case for which punishment is not otherwise prescribed by this code or by some other statute, is guilty of a misdemeanor. See § 640, ante. People v. Upton. 20 N. Y. State Rep'r. 778; 9 N. Y. Supp 684. §647. Removal of books and works of art from library; willful injury of works of art, ornamental trees, etc.-Any person who, 1. Removes or assists in removing any book, manuscript, map, print, coin, medal, painting or other literary article or work of art from the library building of any reference library company, except for its preservation or repair, or for the purpose of its deposit in some other building of the company, or, being a trustee or officer of such company, consents to the removal thereof; or upon such removal refuses to permit the same to be restored; or, 2. Not being the owner thereof, and without lawful authority, wilfully injures, disfigures, removes or destroys a gravestone, monument, work of art, or useful or ornamental improvement, or any shade tree or ornamental plant, whether situated upon private grounds or upon the street, road or sidewalk, cemetery or public park or place, or removes from any grave in a cemetery any flowers. memorials, or other tokens of affection, or other thing connected with them, Is guilty of a misdemeanor. [As AM'D BY CH. 692, LAWS 1892. Took effect May 18, 1892.] People v. Richards, 41 Hun, 278; 5 N. Y. Cr. 355. §648. Malicious injury to certain articles in museums, etc.-A person who maliciously cuts, tears, defaces, disfigures, soils, obliterates, breaks or de stroys, a book, map, chart, picture, engraving, statue, coin, model, apparatus, specimen, or other work of literature or object of art, or curiosity, deposited in a public library, gallerv, museum, collection, fair, or exhibition, is punishable by imprisonment in a state prison for not more than three years, or in a county jail for not more than one year, or by a fine of not more than five hundred dollars, or by both such fine and imprisonment. $649. Destroying or delaying election returns. - A messenger appointed by authority of law to receive and carry a report, certificate or certified copy of any statement relating to the result of any election, who willfully mutilates, tears, defaces obliterates or destroys the same, or does any other act which prevents the delivery of it as required by law; and a person who takes away from such messenger any such report, certificate or certified copy, with intent to prevent its delivery, or who willfully does any injury or other act in this section specified, is punishable by imprisonment in a state prison not exceeding five years. [AS AM'D BY CH. 662, LAWS 1892. Took effect May 17, 1892.] People v. Wise, 3 N. Y. Cr. 303; 2 How. (Ν. δ.) 92. $650. Property in house of worship, etc. - A person who, willfully and without authority, breaks, defaces or otherwise injures any house of religious worship, or any part thereof, or any appurtenance thereto, or any book, furniture, ornament, musical instrument, article of silver or plated ware, or other chattel kept therein for use in connection with religious worship, is guilty of felony. See § 14, ante. $651. Unlawful interference with gas [or electric meters] or steam valves.-A person who wilfully with intent to injure or defraud: 1. Connects a tube, pipe, wire or other instrument or contrivance with a pipe or wire used for the conducting or supplying illuminating gas, fuel, natural gas or electricity in such a manner as to supply such gas or electr city to any burner, orifice, lamp or motor where the same is or can be burned or used without passing through the meter or instrument provided for registering the quantity consumed; or 2. Obstructs, alters, injures or prevents the action of a meter or other instrument used to measure or register the quantity of illuminating fuel, natural gas or electricity consumed in a house or apartment, or at an orifice or burner, lamp or motor, or by a consumer or other person or a person other than a state inspector or deputy inspector of gas meters or an employe of the company owning any gas or electric meter, who wilfully shall detach or disconnect such meter, or make or report any test of, or examine for the purpose of testing any such meter so detached or disconnected; or 3. In any manner whatever, changes, extends or alters any service or other pipe, wire or attachment of any kind, connecting or through which natural or artificial gas or electricity is furnished from the gas mains or pipes or wires of any person, company or corporation without first procuring from said person, company or corporation written permission to make such change, extension or alterations; or 4 Makes any connection or reconnection with the gas mains, service pipes or wires of any person, company or corporation furnishing to cousumers natural or artificial gas or electricity, or turns on or off or in any manner interferes with any valve or stop-cock or other appliances belonging to such person, company or corporation and connected with its service or other pipes or wires, or enlarges the orifice of mixers, or uses natural gas for heating purposes except through mixers, or electricity for any purpose, without first procuring from such person, company or corporation a written permit to turn on or off such stop-cock or valve, or to make such connections or reconnections, or to enlarge the orifice of mixers or to use for heating purposes without mixers, or to interfere with the valves, stopcocks, wires or other appliances of such person, company or corporation as the case may be; or 5. Retains possession of or refuses to deliver any mixer or mixers, meter or meters, lamp or lamps, or other appliances which may be or may have been loaned or rented to them by any person, company or corporation for the purpose of furnishing gas, electricity or power through the same, or who sells, loans or in any manner disposes of the same to any person or persons other than the said person, company or person or persons other than the said person company or corporation entitled to the possession of the same; or 6. Sets on fire any gas escaping from wells, broken or leaking mains, pipes, valves or other appliances used by any person, company or corporation, in conveying gas to consumers, or interferes in any manner with the wells, pipes, mains, gate boxes, valves, stop-cocks, wires, cable, conduits, or any other appliances, machinery or property of any person, company or corporation engaged in furnishing gas to consumers unless employed by or acting under the authority and direction of such person, company or corporation; or 7. Opens or causes to be opened or reconnects or causes to be reconnected any valve lawfully closed or disconnected by a district steam corporation; or 8. Turns on steam or causes it to be turned on, or to reenter any premises when the same has been lawfully stopped from entering such premises, is guilty of a misdemeanor. Amended by chap. 589, L. 1900. In effect April 23, 1900. See § 15, ante. People u. McTameney, 30 Hun, 505; 1 N. Y. Cr. 441: 13 Abb N. C. 59; 66 How. 73; Matter of Hallenbeck, 65 id. 401; 1 N. Y. Cr. 437, note. § 651a. Unlawful interference with water meters, water service pipes and their connections. A person who, wilfully, with intent to injure or defraud: 1. Breaks or defaces, or causes to be broken or defaced, the seal of a water meter; or 2. Obstructs, alters, injures or prevents, or causes to be obstructed, altered, injured or prevented, the action of any such meter or other instrument used to measure or register the quantity of water supplied to or consumed by any person, corporation or company; or |