Third Subd. Matter of Terry, 128 U. S. 289.

Fourth Subd. Sherwin v. People, 100 N. Y. 351; 2 E. R. 904; 3 N. Y. Cr. 524; People, ex rel. Sherwin, v. Mead, 91 N. Y. 415, aff'g 28 Hun, 227; Bowen v. Hunter, 45 How. 193; People v. Albany, etc., R. Co, 20 id. 358; aff'd, 24 N. Y. 261; People v. Heffernan, 38 How. 402; Weeks v. Smith, 3 Abb. 211; Loop v. Gould, 17 Hun, 585.

Sixth Subd. People v. Hovey, 29 Hun, 382; aff'd, 92 N. Y. 554; People v. Fancher, 2 Hun, 226; People, ex rel. Jones, v. Davidson, 35 id. 471; Clark v. Brooks, 26 How. 254; People, ex rel. Valiente, v. Dyckman, 24 id. 222; Clapp v. Lathrop, 23 id. 423; People v. Sharp, 45 Hun, 493; aff'd, 107 N. Y. 427.

Seventh Subd. Matter of Griffin, 15 N. Y. State Rep'r, 400; 1 N. Y. Supp. 7; Matter of Cheeseman, 49 N. J. L. 137; Cheadle v. State, 110 Ind. 301; 59 Am. Rep. 199.

See People, ex rel. Munsell, v. Oyer & T., 36 Hun, 277; aff'd, 101 Ν. Υ. 245; King v. Flynn, 37 Hun, 335.

§ 144. Grand juror acting after challenge has been allowed.A grand juror who, with knowledge that a challenge, interposed against him by a defendant, has been allowed, is present at or takes part or attempts to take part in the consideration of the charge against the defendant who interposed the challenge, or the deliberations of the grand jury thereon, is guilty of a misdemeanor.

Code Cr. Proc., §§ 242, 243.

§ 145. Disclosure of depositions. - A magistrate or clerk of any magistrate who willfully permits any deposition taken on an examination of a defendant before such magistrate, and remaining in the custody of such magistrate or clerk to be inspected by any person, except a judge of a court having jurisdiction of the offense, the attorney-general, the district attorney of the county and his assistants, the complainant and his counsel, and the defendant and his counsel, is guilty of a misdemeanor. [AMD. CH. 145 of 1888.]

Code Cr. Proc., § 206. Smith v. Botens, 36 N. Y. State Rep'r, 55.

§ 146. Disclosure of depositions returned by grand jury.- A clerk of any court who willfully permits any deposition returned by a grand jury and filed with such clerk, to be inspected by any person, except the court, the deputies or assistants of such clerk, and the district attorney and his assistants, until after the arrest of the defendant, is guilty of a misdemeanor.

See § 206 of Code of Cr. Proc. Smith v. Botens, 36 N. Y. State Rep'r, 55.

§ 147. Racing near a court. -A person concerned in any racing, running or other trial of speed between horses or other animals, within one mile of the place where a court is actually sitting, is guilty of a misdemeanor; but nothing in this section shall apply to or affect trials of speed between horses or other animals upon the grounds of a county agricultural society during the days on which the fairs of such society are held. [AMENDED BY CHAP. 109 OF 1900. In effect Sept. 1. 1900.1

See Code Cr. Proc., § 57.

See Code Cr. Proc., § 57.

§ 148. Misconduct by attorneys. - An attorney or counselor who, 1. Is guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party as prohibited by section 70 of the Code of Civil Procedure; or,

2. Willfully delays his client's suit with a view to his own gain; or, willfully receives any money or allowance for or on account of any money which he has not laid out, or become answerable for, as prohibited by section 71 of the Code of Civil Procedure,

Is guilty of a misdemeanor, and in addition to the punishment prescribed therefor by this Code, he forfeits to the party injured treble damages, to be recovered in a civil action.

See §§ 136, 139, supra; §§ 670, 671, post. Private fraud by attorney, but not as an attorney, no offense. Niven's case, 5 C. H. Rec. 79; Quinn v. Lloyd, 36 How. Pr. 378; People v. Reavey, 38 Hun, 418; 39 id. 364; 4 N. Y. Cr. 1, 23; Looff v. Lawton, 14 Hun, 588; Smith v. Botens, 36 N. Y. State Rep'r, 55.

§148-a. Advertising to procure divorces. - Whoever prints, publishes, distributes or circulates, or causes to be printed, published, distributed or circulated any circular, pamphlet, card, hand bill, advertisement, printed paper, book, newspaper or notice of any kind offering to procure or to aid in procuring any divorce, or the severance, dissolution, or annulment of any marriage, or offering to engage, appear or act as attorney or counsel in any suit for alimony or divorce or the severance, dissolution or annulment of any marriage, either in this state or elsewhere, is guilty of a misdemeanor. This act shall not apply to the printing or publishing of any notice or advertisement required or authorized by any law of this state.

Added by chap. 203 of 1902. In effect September ist, 1902.

§149. Permitting attorney's name to be used. If an attorney knowingly permits any person, not being his general law partner or a clerk in his office, to sue out any process or to prosecute or defend any action in his name, except as authorized by the next section, such attorney, and every person who shall so use his name, is guilty of a misdemeanor.

Process. York v. Peck, 31 Barb. 350.

§150. Id., in what cases lawful. Whenever an action or proceeding is authorized by law to be prosecuted or defended in the name of the people, or of any public officer, board of officers, or municipal corporation, on behalf of another party, the attorneygeneral, or district-attorney or attorney of such public officer or board or corporation may permit any proceeding therein, to be taken in his name by an attorney to be chosen by the party in interest.

§151. Production of pretended heir. A person who fraudulently produces an infant, falsely pretending it to have been born of a parent whose child is or would be entitled to inherit real property, or to receive a share of personal property, with intent to intercept the inheritance of such real property, or the distribution of such personal property, or to defraud any person out of the same, or any interest therein; or who, with intent fraudulently to obtain any property, falsely represents himself or another to be a person entitled to an interest or share in the estate of a deceased person either as executor, administrator, husband, wife, heir, legatee, devisee, next of kin, or relative of such deceased person; is punishable by imprisonment in a state prison for not more than ten years. People v. Cunningham, 3 Park, 520; reversed on other grounds in id. 531

§ 152. Substituting one child for another. - A person, to whom a child has been confided for nursing, education, or any other purpose, who, with intent to deceive a parent, guardian or relative of the child, substitutes or produces to such parent, guardian or relative, another child or person, in place of the child so confided, is punishable by imprisonment in a state prison for not more than seven years.

§ 153. Importing foreign convicts. An owner, master or commander of any vessel arriving from a foreign country, who knowingly lands or permits to land at any port, city, harbor, or place within this state, any passenger, seaman or other person who is a foreign convict of any crime which, if committed within this state, would be punishable therein, without giving notice thereof to the mayor of such city, or other principal municipal officer of such port or place, is guilty of a misdemeanor.

See § 440, post: Code Cr. Proc., § 674.

§ 154. Omission of duty by public officers. - Where any duty is or shall be enjoined by law upon any public officer, or upon any person holding a public trust or employment, every willful omission to perform such duty, where no special provision shall have been made for the punishment of such delinquency, is punishable as a misdemeanor.

See §§ 116, 117, supra; 684, post. Trustee refusing to act. People v. Calhoun, 3 Wend. 421. Id. Perverting justice. People v. Coon, 15 Wend. 277. Refusing to act. People v. Brooks, 1 Den. 457. Perverting justice. People v. Bogart, 3 Park. 143; Gardner v. People, 3 Hun, 222; People v. Norton, 7 Barb. 477; Clark v. Miller, 47 id. 38; Cunningham v. Bucklin, 8 Cow. 178; People v. Martin, 43 How. Pr. 52, 54; People v. Cook, 8 N. Y. 67, 84; People v. Bedell, 2 Hill, 196; Green v. Rumsey, 2 Wend. 611. See Gardner v. People, 3 Hun, 222; Conners v. Adams, 13 id. 427; People v. Stocking, 32 How. 49; 50 Barb. 573; In re Pickett, 55 How. 491; Bentley v. Phelps, 27 Barb. 524; People v. Ryall, 58 Hun, 235; 34 N. Y. State Rep'r, 204; People v. Long I. R. Co., 58 Hun, 414; 34 N. Y. State Rep'r, 716.

§154a. Falsely marking enrolled person exempt.-A county clerk who marks "exempt" any person enrolled as liable to military duty, whom he knows not to be exempt, is guilty of a misdemeanor. [ADDED BY CH. 692 of 1893.]

§ 155. Punishment for commission of prohibited acts.-Where the performance of any act is prohibited by a statute, and no penalty for the violation of such statute is imposed in any statute, the doing such act is a misdemeanor.

See § 471, post; Foote v. People, 56 N. Y. 321; People v. Bogart, 3 Abb. 202; 3 Park. 143; Hodgman v. People, 4 Den. 235; Ex parte Pickett, 55 How. 491; Mayor, etc., v. Eisler, 2 Civ. Pro. 125; Foster v. Townshend, 12 Abb. (N. S.) 471.

§ 156. Disclosing fact of indictment having been found.-A judge, grand juror, district attorney, clerk, or other officer, who, except in the due discharge of his official duty, discloses, before an accused person is in custody, the fact of an indictment having been found or ordered against him, is guilty of a misdemeanor.

See Code Cr. Proc., § 56.

§ 157. Grand juror disclosing transactions of grand jury.-A grand juror who except when lawfully required by a court or officer willfully discloses, either

1. Any evidence adduced before the grand jury; or

2. Any thing which he himself or any other member of the grand jury said, or in what manner he or any other grand juror voted, upon any matter before them;

Is guilty of a misdemeanor.

Code Cr. Proc., §§ 265, 266; People v. Hulbut, 4 Den. 133, 135; Smith v. Botens, 36 N. Y. State Rep'r, 55.

§ 157a. Stenographer disclosing evidence taken before grand jury. A stenographer appointed to take testimony given before a grand jury who permits any person other than the district attorney to take a copy of such testimony or of any portion thereof or to read the same or any portion thereof, except on the written order of the court, is guilty of a misdemeanor. (ADDED BY CH. 692 of 1893.]

§ 158. Instituting suit in name of another. - A person who institutes or prosecutes an action or other proceeding in the name of another without his consent and contrary to the statutes, is guilty of a misdemeanor, punishable by imprisonment not exceeding six months.

See § 1900 of Code of Civ. Proc.

§ 159. Maliciously procuring search warrant.-A person who maliciously, and without probable cause, procures a search warrant to be bsued and executed, is guilty of a misdemeanor.

See § 120, supra. See Fourth Amendment to Federal Const.

§ 160. Communications with prisoners prohibited.--A person

1. Not being authorized by law or by a written permission from the superIntendent of state prisons, visits any state prison or communicates with any prisoner therein without the consent of the agent or warden or without such consent brings into or conveys out of a state prison any letter, or writing to or from any prisoner; or

2. Conveys into such prison any article prohibited by law or by the rules of the superintendent; is guilty of a misdemeanor. [AMD. BY CH. 692 of 1893.] See Code Cr. Proc., § 56.

§ 161. Neglect to return names of constables. - A town clerk who willfully omits to return to the county clerk the name of a person who has qualified as constable, pursuant to law, is punishable by a fine not exceeding ten dollars.

§ 162. Falsely certifying, etc., as to record of deeds. -An officer authorized by law to record a conveyance of real property, or of any other instrument, which by law may be recorded, who knowingly and falsely certifies that such a conveyance or instrument has been recorded, is guilty of a felony.

§ 163. Other false certificates. - A public officer who, being authorized by law to make or give a certificate or other writing, knowingly makes and delivers as true such a certificate or writing, containing any statement which he knows to be false, in a case where the punishment thereof is not expressly provided by law, is guilty of a misdemeanor.

§ 164. Recording, etc., without acknowledgment. - A public officer authorized to file or record any instrument or conveyance of, or affecting property which is duly proved or acknowledged, who knowingly files or records any such instrument or conveyance which is not accompanied by a certificate, according to law, of the proof or acknowledgment, is guilty of a misdemeanor.

See People v. Brown, 7 Wend. 493.

§ 165. Faise auditing and paying claims.-A public officer, or a person holding or discharging the duties of any office or place of trust under the state, or in any county, town, city or village, a part of whose duties is to audit, allow or pay, or take part in auditing, allowing, or paying claims or demands upon the state, or such county, town, city or village, who knowingly audits, allows or pays, or directly or indirectly consents to, or in any way connives at the auditing, allowance or payment of any claim or demand, against the state, or such county, town, city or village, which is false or fraudulent, or contains charges, items or claims which are false or fraudulent, is guilty of felony, punishable by imprisonment for a term not exceeding five years, or by a fine not exceeding five thousand dollars, or by both.

Corruptly auditing account. People v. Stocking, 50 Barb. 573. See Matter of Cortes, 136 U. S. 330. See § 672, post.

§ 166. Id., conviction forfeits office. A person who, being or acting as a public officer or otherwise, by willfully auditing, or paying, or consenting to, or conniving at the auditing or payment of a false or fraudulent claim or demand, or by any other means, wrongfully obtains, receives, converts, disposes of or pays out or aids, or abets another in obtaining, receiving, converting, disposing of, or

paying out any money or property, held, owned, or in the possession of the state, or of any city, county or village, or other public corporation, or any board, department, agency, trustee, agent or officer thereof, is guilty of a felony, punishable by imprisonment for not less than three nor more than five years, or by a fine not exceeding five times the amount or value of the money or the property converted, paid out, lost or disposed of by means of the act done or abetted by such person, or by both such imprisoment and fine. The amount of any such fine when paid or collected, shall be paid to the treasury of the corporation or body injured. A conviction under this section forfeits any office held by the offender, and renders him incapable thereafter of holding any office or place of trust.

See § 672, post.

§ 167. Id., what constitutes conversion. - A transfer in whole or part of any deposit with any bank or other depositary, or of any credit, claim or demand upon such depositary, whereby the right, title or possession of the owner or holder of such deposit, or of any custodian thereof, is impaired or affected, is a conversion thereof under the last section.

§ 168. Conspiracy defined. - If two or more persons conspire, either

1. To commit a crime; or

2. Falsely and maliciously to indict another for a crime, or to procure another to be complained of or arrested for a crime; or

3. Falsely to institute or maintain an action or special proceeding; or

4. To cheat and defraud another out of property, by any means which are in themselves criminal, or which, if executed, would amount to a cheat, or to obtain money or any other property by false pretenses; or

5. To prevent another from exercising a lawful trade or calling, or doing any other lawful act, by force, threats, intimidation, or by interfering or threatening to interfere with tools, implements, or property belonging to or used by another, or with the use or employment hereof; or

6. To commit any act injurious to the public health, to public morals, or to trade or commerce, or for the perversion or obstruction of justice, or of the due administration of the laws;

Each of them is guilty of a misdemeanor.

See §§ 170, 653, 673, post. Must be criminal intent. People v. Powell, 63 N. Y. 88; S. C., 5 Hun, 169. Conspiracy need not be consummated. Adams v. People, 9 Hun, 89. Conspiracy need not be overt act. People v. Mather, 4 Wend. 229; Com. v. Putnam, 29 Penn. St. 296; State v. Rickey, 4 Halst. 293; Alderman v. People, 4 Mich. 414; State v. Ripley, 31 Me. 386; Hazen-v. Com., 23 Penn. St. 355;