and be entitled to the like compensation proportionally therefor as on final commitment, but subject to the order of the court as to the time of detention and discharge of the child. Any such child convicted of any misdemeanor shall be finally committed to some such institution, and not to any prison or jail, or penitentiary, longer than is necessary for its transfer thereto. No child under restraint or conviction, actually or apparently under the age of sixteen years, shall be placed in any prison or place of confinement, or in any court-room, or in any vehicle for transportation in company with adults charged with or convicted of crime. [AMD. CH. 46 of 1884.]

7. All cases involving the commitment or trial of children for any violation of the penal code, in any police court or court of special sessions, may be heard and determined by such court, at suitable times to be designated therefor by it, separate and apart from the trial of other criminal cases, of which session a separate docket and record shall be kept. And all such cases and cases of offenses by, or against the person of, a child under the age of sixteen years shall have preference over all other case before all magistrates and in all courts and tribunals in this state both civil and criminal; and where a child is committed or detained as a witness in any case such case shall be brought to trial or otherwise disposed of without delay, whether the defendant be in custody or enlarged on bail. [AMD. BY CH. 414 of 1896. In effect April 27, 1896.1

Ex parte Haller, 12 Hun, 131; People v. A. F. G. Soc., 1 How. Pr. (N. S.) 137. People, etc., v Cath. Protectory, 38 Hun, 127. See Code Cr. Proc., § 893; People v. N. Y. Cath. Protectory, 106 N. Y. 608; 5 N. Y. Cr. 499; 19 Abb. N. C. 142; 44 Hun, 526; Matter of Malony, 51 Hun, 372; 6 N. Y. Cr. 241; Matter of Donohue, 1 Abb. N. C. 1; Matter of Moses, 13 id. 189; 1 N. Y. Cr. 508; Matter of McMahon, 64 How. 285; People v. Mt. Mag. School, 28 N. Y. State Rep'r, 255; People v. Baker, 19 id. 489; People, ex rel. Brown, v. Carpenter, 32 id. 822; People, ex rel. Perkerson, v. Sisters, etc., 34 Hun, 463; 1 How. (N. S.) 132; 2 N. Y. Cr. 528; People v. Neilson, 16 Hun, 214; Matter of Hogan, 55 How. 458; People v. Moore, 3 Park. 465; Matter of Gray, 11 Abb. 56; Matter of Forbes, 19 How. 457; Matter of Roach, 18 W. Dig. 514; Matter of Riley, id. 515; People v. Degnen, 6 Abb. (N. S.) 87; 54 Barb. 105; Matter of Wright, 29 Hun, 357; People, ex rel. Tweed, v. Liscomb, 60 N. Y. 559; People v. Marchke, 2 N. Y. Cr. 168; Matter of Larson, 31 Hun, 539; Matter of Nichols, 4 N. Y. State Rep'r, 659; Matter of Forsyth, 66 How. 180; Matter of Coughlin, 62 id. 34; Matter of Williamson, 3 Abb. (N. S.) 244; Matter of Diss Debar, 3 N. Y. Supp. 667; People, ex rel. Downey, v. Dains, 38 Hun, 43; People, ex rel. McCarthy, v. French, 25 id. 111; People v. Keeper, etc., 37 How. 494; People v. Superintendent, etc., 8 Abb. (N. S.) 112: People, ex rel. Van Heck, v. N. Ý. Cath. Protectory, 101 N. Y. 195; Matter of Jacobs, 2 N. Y. Cr. 539; Matter of Heery, 51 Hun, 373; 21 N. Y. State Rep'r, 82; People, ex rel. Mt. M. School, v. Dickson, 57 Hun, 314; 32 N. Y. State Rep'r, 496; People, ex rel. Brown, v. Carpenter, 33 id. 1029.

§ 292. Certain employments of child prohibited. - A person who employs or causes to be employed, or who exhibits, uses, or has in custody, or trains for the purpose of the exhibition, use or employ. ment of, any child actually or apparently under the age of sixteen years; or who having the care, custody or control of such a child as parent, relative, guardian, employer, or otherwise, sells, lets out, gives away, so trains, or in any way procures or consents to the employment, or to such training, or use, or exhibition of such child; or who neglects or refuses to restrain such child from such training, or from engaging or acting, either

1. As a rope or wire walker, gymnast, wrestler, contortionist, rider or acrobat; or upon any bicycle or similar mechanical vehicle or contrivance; or,

2. In begging or receiving or soliciting alms in any manner or under any pretense, or in any mendicant occupation; or in gathering or picking rags, or collecting cigar stumps, bones or refuse from markets; or in peddling; or

3. In singing; or dancing; or playing upon a musical instrument; or in a theatrical exhibition; or in any wandering occupation; or,

4. In any illegal, indecent or immoral exhibition or practice; or in the exhibition of any such child when insane, idiotic, or when pre. senting the appearance of any deformity or unnatural physical formation or development; or

5. In any practice or exhibition or place dangerous or injurious to the life, limb, health or morals of the child, is guilty of a misde. meanor. But this section does not apply to the employment of any child as a singer or musician in a church, school or academy; or in teaching or learning the science or practice of music; or as a musician in any concert or in a theatrical exhibition, with the written consent of the mayor of the city, or the president of the board of trustees of the village where such concert or exhibition takes place. Such consent shall not be given unless forty-eight hours previous notice of the application shall have been served in writing upon the society mentioned in section two hundred and ninety-three of the Penal Code, if there be one within the county, and a hearing had thereon if requested, and shall be revocable at the will of the authority giving it. It shall specify the name of the child, its age, the names and residence of its parents or guardians, the nature, time, duration and number of performances permitted, together with the place and character of the exhibition. But no such consent shall be deemed to authorize any violation of the first, second, fourth or fifth subdivisions of this section. [AMD. CH. 46 of 1884; CH. 31 of 1886; Сн. 309 of 1892. In effect September 1, 1892.]

Ryan v. Buchanan, 37 Hun, 425; Society, etc., v. Diers, 10 Abb. (N. S.) 216; Matter of Donohue, 1 Abb. N. C. 1; Matter of Corinne, Daily Reg., Dec. 16, 1881; People, ex rel. Mt. M. School, v. Dickson, 57 Hun, 314; 32 N. Y. State Rep'r, 496.

§ 292a. Penalty for sending messenger boys to certain places. A corporation or person employing messenger boys who:

1. Knowingly places or permits to remain in a disorderly house, or in an unlicensed saloon, inn, tavern or other unlicensed place where malt or spirituous liquors or wines are sold, any instrument or device by which communication inay be had between such disorderly house, saloon, inn, tavern or unlicensed place, and any office or place of business of such corporation or person; or

2. Knowingly sends or permits any person to send any messenger boy to any disorderly house, unlicensed saloon, inn, tavern, or other unlicensed place, where malt or spirituous liquors or wines are sold on any errand or business whatsoever except to deliver telegrams at the door of such house, is guilty of a misdemeanor, and incurs a penalty of fifty dollars to be recovered by the district attorney. [ADDED BY CH. 692 of 1893.]

§ 292b. Taking apprentice without consent of guardian.-A person who takes an apprentice without having first obtained the consent of his legal guardian or unless a written agreement has been entered into as prescribed by law, is guilty of a misdemeanor. [ADDED BY CH. 692 of 1893.]

§ 293. Duty of officers of society. - A constable or police officer must, and any agent or officer of any incorporated society for the prevention • of cruelty to children may, arrestand bring before a court or magistrate having jurisdiction, any person offending against any of the provisions of this chapter and any minor coming within any of the descriptions of children mentioned in section two hundred and ninety-one, or in section two hundred and ninety-two. Such constable, police officer or agent may interfere to prevent the perpetration in his presence of any act forbidden by this chapter. A person who obstructs or interferes with any officer or agent of such society in the xercise of his authority under this chapter, is guilty of a misdemeanor. All fines, penalties and forfeitures imposed or collected for a violation of the provisions of this Code or of any act relating to or affecting children, now in force or hereafter passed, must be paid on demand to the incorporated society for the prevention of cruelty to children in every case where the prosecution shall be instituted or conducted by such a society; and any such payment heretofore made to any such society may be retained by it. [AMD. CH. 145 of 1888.]

See Code Cr. Proc., $56; People, ex rel. N. Y. S. P. C. C.,'v. Gilmore, 88 N. Y. 626; Davis v. Society, etc., 16 Abb. (N. S.) 73; People v. Strickland, 13 Abb. N. 473; Matter of Corinne, Daily Keg., Dec. 16, 1881.

CHAPTER IV.

ABORTION AND CONCEALING DEATH OF INFANT.

SEC. 294. Abortion defined.

295. Killing of child in attempting miscarriage.

296. Concealing birth.

297. Selling drugs, etc.

§ 294. Abortion defined. A person who, with intent thereby to procure the miscarriage of a woman, unless the same is necessary to preserve the life of the woman, or of the child with which she is pregnant, either

1. Prescribes, supplies, or administers to a woman, whether pregnant or not, or advises or causes a woman to take any medicine, drug or substance; or

2. Uses, or causes to be used, any instrument or other means; Is guilty of abortion, and is punishable by imprisonment in a state prison for not more than four years, or in a county jail for not more than one year.

See § 191, supra; §318, infra. Medicine need not be taken. State v. Murphy, 3 Dutch. 112. Prisoner need not be present at taking. Reg. v. Wilson, 1 Dears. & B. 127. See Reg. v. Farrow, 40 Eng. L. & Eq. 550; Reg. v. Fretwell, 9 Cox Cr. C. 152. See State v. Howard, 32 Vt. 380; People v. Davis, 56 N. Y. 95; Frazer v. People, 54 Barb. 306; Lohman v. People, 1 N. Y. 383; Hunt v. People, 3 Park. 569; People v. Stockham, 1 id. 424; Mongeon v. People, 55 id. 613; S. C., 2T. & C. 128; Davis v. People, id. 212; Evans v. People, 49 N. Y. 86, 87; Watson v. State (Tex.), 22 Alb. L. J. 318. Woman who submits is not an accomplice. People ▼ Vedder, 98 N. Y. 630. Participants conspirators. People v. Murphy, 22 W. Dig. 145; 101 N. Y. 126; People v. Bliven, 112 id. 81; 20 N. Y. State Rep'r, 486; Bradford v. People, 20 Hun, 309; Swan v. People, 13 W. Dig. 518; People v. Meyers, 5 N. Y. Cr. 121; 7 N. Y. State Rep'r, 217; State v. Fitzgerald, 49 Iowa, 260; Com. v. Drake, 124 Mass. 21; State v. Harper, 35 Ohio St. 78; Railing v. Com., 110 Penn. St. 100; Montgomery v. State, 80 Ind. 338; People v. Phelps, 39 N. Y. State Rep'r, 598.

§ 295. Killing of child in attempting miscarriage. - A pregnant woman, who takes any medicine, drug or substance, or uses or submits to the use of any instrument or other means, with intent thereby to produce her own miscarriage, unless the same is necessary to preserve her life, or that of the child whereof she is pregnant, is punishable by imprisonment for not less than one year, nor more than four years.

Defendant to justify use of instrument. Bradford v. People, 20 Hun, 309. See Eckhart v. People, 22 Hun, 525; People v. Meyers, 7 N. Y. State Rep'r, 217; 5 N. Y. Cr. 126; People v. Vedder, 98 N. Y. 630; 34 Hun, 281; 3 N. Y. Cr. 29. See §§ 190, 191, 194, ante

§ 296. Concealing birth. - A person who endeavors to conceal the birth of a child, by any disposition of the dead body of the child, whether the child died before or after its birth, is guilty of a misde

meanor.

See § 693, post. Reg. v. Bird, 2 Carr. & K. 817; Reg. v. Goode, 6 id. 318; Reg. v. Barriman, id. 388; Reg. v. -, id. 391; Reg. v. Perry, id. 351; Reg. v. Opie, 8 Cox Cr. C. 332.

§ 297. Selling drugs, etc. - A person who manufactures, gives or ells an instrument, a medicine or drug, or any other substance, with Intent that the same may be unlawfully used in procuring the misens riage of a woman, is guilty of a felony.

[See$ 191, supra; §§ 318, 321, post.

CHAPTER V.

BIGAMY, INCEST AND THE CRIME AGAINST NATURE.

SEC. 298. Bigamy defined; how punished.

299. Id.; exceptions.

300. Indicting for bigamy.

301. Punishment of consort.

$298. Bigamy defined; how punished. - A person who, having a husband or a wife living, marries another person, is guilty of bigamy, and is punishable by imprisonment in a penitentiary or state prison for not more than five years.

Second marriage out of state. People v. Mosher, 2 Park. 195. What a sufficient marriage. Hayes v. People, 25 N. Y. 390; S. C., 5 Park. 325. No offense unless second marriage took place within state. People v. Mosher, supra; МеReynolds v. State, 5 Cold. (Tenn.) 18. After divorce. Baker v. People, 2 Hill, 325; Gahagan v. People, 1 Park. 378; Fleming v. People, 27 N. Y. 329, 331; People v. Baker, 76 id. 78; People v. Faber, 92 id. 146; S. C., 29 Hun, 320, overruling People v. Hovey, 5 Barb. 117. Void marriage. People v. Chase, 27 Hun, 256; 28 id. 310. Advice of counsel. People v. Weed, 29 Hun, 628; aff'd, 96 N. Y. 625; Van Voorhis v. Brintnall, 86 id. 18; Thorp v. Thorp, 90 id. 602; Moore v. Hege. man, 92 id. 521; People v. Merrill, 2 Park. 590; People v. Chase, 28 Hun, 310, 16 W. Dig. 143; Van Pelt's case, 1 C. H. Rec. 137; Steer's case, 2 id. 111; Coleman's case, 6 id. 3; Phelan's case, id. 91; People v. Humphrey, 7 Johns. 314; People v. Whigham, 1 Wheeler Cr. Cases, 115; Price v. Price, 124 Ν. Υ. 596; 37; N. Y. State Rep'r, 147.

§ 299. Id.; exceptions. - The last section does not extend,

1. To a person whose former husband or wife has been absent for five years successively then last past, without being known to him or her within that time to be living, and believed by him or her to be dead; or

2. To a person whose former marriage has been pronounced void, or annulled, or dissolved, by the judgment of a court of competent jurisdiction, for a cause other than his or her adultery; or

3. To a person who being divorced for his or her adultery has received from the court which pronounced the divorce, permission to marry again; or

4. To a person whose former husband or wife has been sentenced to imprisonment for life.

Invalid foreign divorce, no defense to indictment for bigamy. People v. Baker, 76 N. Y. 78; Eagle's case, 3 Abb. Pr. 224.

Sub. 1. Van Pelt's case, 1 C. H. Rec. 137; Hull v. State (Tex.), 22 Alb. L. J. 38. Sub. 2. Wait v. Wait, 4 N. Y. 95; People v. Faber, supra; Baker v. People, 2 Hill, 325.

See People v. Meyer, 8 N. Y. State Rep'r, 256; Fleming v. People, 27 N. Y. 329; Gallaghan v. People, 1 Park. 378; People v. Weed, 29 Hun, 628; 1 N. Y. Cr. 349; aff'd, 96 N. Y. 625; Cropsey v. Kinney, 30 Barb. 47; Queen v. Folsom, 40 Alb. L.J. 250; Price v. Price, 124 N. Y. 596; 37 N. Y. State Rep'r, 147.

§ 300. Indicting for bigamy. - An indictment for bigamy may be found in the county in which the defendant is arrested, and the like proceedings, including the trial, judgment, and conviction, may be had in that county, as if the offense were committed therein.

See$ 376, post. Collins v. People, 1 Hun, 610; S. C., 4 S. C. 77; Houser v. People, 46 Barb. 33; King v. People, 5 Hun, 297; People v. Mosher, 2 Park. 195.

§ 301. Punishment of consort. - A person who knowingly enters into a marriage with another, which is prohibited to the latter by the foregoing provisions of this chapter, is punishable by imprisonment in a penitentiary or state prison, for not more than five years, or by a fine of not more than one thousand dollars, or both.

Sauser v. People, 8 Hur, 302; Blake v. Everman, 56 id. 454; 31 N. Y. State Rep'r, 355.

§ 302. Incest. - When persons, within the degrees of consanguinity, within which marriages are declared by law to be incestuous and void, intermarry or commit adultery or fornication with each other, each of them is punishable by imprisonment for not more than ten years.

People v. Harriden, 1 Park. 344; State v. Schaumhurst, 34 Iowa, 547; People v. Murray, 14 Cal. 159; Chancellor v. State, 47 Miss. 278; Morgan v. State, 11 Ala. 289; Williams v. State, 2 Carter, 439; State v Bullinger, 54 Mo. 142. Party cannot, by same act, commit both rape and incest. Iowa v. Thomas, 21 Alb. L. J. 498. See People v. Lake, 110 N. Y. 61; 10 N. Y. State Rep'r, 381; State v. Wegman, 59 Vt. 527; State v. Markins, 95 Ind. 464; Noble v. State, 22 Ohio St 541; Compton v. State, 13 Tex. App. 271; Johnson v. State, 20 id. 609; Freeman v. State, 11 id. 92; State v. Ellis, 74 Mo. 385; Howard v. State, 11 Ohio, 328.

§ 303. Sodomy. - A person who carnally knows in any manner any animal or bird; or carnally knows any male or female person by the anus or by or with the mouth; or voluntarily submits to such carnal knowledge; or attempts sexual intercourse with a dead body is guilty of sodomy and is punishable with imprisonment for not more than twenty years.

This act shall take effect on the first day of September, eighteen hundred and ninety-two, but nothing herein contained applies to an offense committed or other act done at any time before the day when this act takes effect. Such an offense must be punished according to, and such act must be governed by, the provisions of law existing when it is done or committed in the same manner as if this act had not been passed. An offense specified in this act under its provisions, committed after the beginning of the day when this act takes effect, must be punished according to the provisions of this act and not otherwise. [AMD. CH. 31 of 1886; Сн. 325 of 1892.]

§ 304. Penetration sufficient. - Any sexual penetration, however slight, is sufficient to complete the crime specified in the last sec. tion.

See § 280, ante.

CHAPTER VI.

VIOLATING SEPULTURE AND THE REMAINS OF THE DEAD.

SEC. 305. Right to direct disposal of one's own body after death.