$699. [um'd 1896]. Imprisonment of minors. Where a male person between the ages of sixteen and twenty-one years is convicted of a felony, or where the t rm of imprisonment of a male convict for a felony is fixed by the trial court at one year or less, the court may direct the convict to be imprisoned in a county penitentiary, instead of a state prison, or in the county jail located in the county where sentence is imposed. Whenever a child under the age of fourteen years, is charged with the perpetration of a crime, other than a capital crime, which, if committed by an adult, would be a felony, the child shall, in the discretion of the court, be tried as for a misdemeanor, and the court, magistrate or tribunal before whom such trial is held, shall impose the penalty as prescribed by law in the case of misdemeanors.

$ 700. [am'd 1888.] Males between 16 and 30 years. A male between the ages of 16 and 30, convicted of felony, who has not theretofore been convicted of a crime punishable by imprisonment in a state prison, may, in the discretion of the trial court, be sentenced to imprisonment in the New York State Reformatory at Elmira, to be there confined under the provisions of law relating to that reformatory.

§ 701. [am'd 1896]. House of refuge. Where a person under the age of twelve years is convicted of a crime amounting to felony, or where a person of the age of twelve years and under the age of sixteen years is convicted of crime, or where a male person of the age of sixteen years and under the age of eighteen years is convicted of crime not amounting to felony, the trial court may, instead of sentencing him to imprisonment in a state prison or in a penitentiary, direct him to be confined in a house of refuge under the provisions of the statute relating thereto. Where the conviction is had and the sentence is inflicted in the first, second or third judicial district, the place of confinement must be a house of refuge established by the managers of the Society for the Reformation of Juvenile Delinquents in the City of New York; where the conviction is had and the sentence inflicted in any other district, the place of confinement must be in the Western House of Refuge for Juvenile Delinquents. But nothing in this section shall affect any of the provisions contained in section seven hundred and thirteen.

§702. Imprisonment in county jail. Where a person is convicted of a crime, for which the punishment inflicted is imprisonment for a term less than one year, the imprisonment must be inflicted by confinement in the county jail, or place of confinement designated by law to be used as the jail of the county, except when otherwise specially prescribed by statute.

703. Id.; in county jail or state prison. Where a person is convicted of a crime, for which the punishment inflicted is impris onment for a term of one year, he may be sentenced to, and the imprisonment may be inflicted by, confinement either in a county jail, or in a penitentiary or state prison. No person shall be sentenced to imprisonment in a state prison for less than one year.

704. Id.; in state prison. Where a person is convicted of a crime, for which the punishment inflicted is imprisonment for a term exceeding one year, or is sentenced to imprisonment for such a term, the imprisonment must be inflicted by confinement at hard labor in a state prison. But this and the two last sections shall not apply to a case where special provision is made by statute as to the punish

ment for any particular offense or class of offenses or offenders, nor to the cases specified in sections 698, 699, 700 and 701.

§ 705. Place to be specified in sentence; removal. The place of the imprisonment must be specified in the judgment and sentence of the court. But convicts may be removed from one place of confinement to another, in a case, and by the authority, designated by statute.

706. Limit of fine. Where, in this Code, or in any other statute making any crime punishable by a fine, the amount of the fine is not specified, a fine of not more than five hundred dollars may be imposed.

§ 707. Foreiture. A sentence of imprisonment in a state prison for any term less than for life, forfeits all the public offices, and suspends, during the term of the sentence, all the civil rights, and all private trusts, authority, or powers of, or held by the person sentenced.

8 R. S. 994, § 39.

§ 708. Consequence of sentence. A person sentenced to imprisonment for life is thereafter deemed civilly dead.

3 R. S. 994, § 40.

§ 709. Convict protected by law. A convict sentenced to imprisonment is under the protection of the law, and any injury to his person, not authorized by law, is punishable in the same manner as if he were not sentenced or convicted.

§ 710. Certain forfeiture, abolished. A conviction of a person for any crime does not work a forfeiture of any property, real or personal, or of any right or interest therein. All forfeitures to the. people of the state, in the nature of deodands, or in a case of suicide, or where a person flees from justice, are abolished.

711. Convict voting. The prohibition to vote at an election, contained in any statute of the state, shall not apply to a person heretofore or hereafter convicted of any crime, who has been sentenced or committed therefor to one of the houses of refuge, or other reformatories organized under the statutes of the state.

§712. Witnesses' testimony. The sections of this Code which declare that evidence obtained upon the examination of a person as a witness shall not be received against him in a criminal proceeding, do not forbid such evidence being proved against such person upon any charge of perjury committed in such examination.

§ 713. Sentence of minor. When a person under the age of sixteen is convicted of a crime, he may in the discretion of the court, instead of being sentenced to fine or imprisonment, be placed in charge of any suitable person or institution willing to receive him, and be thereafter, until majority or for a shorter term, subjected to such discipline and control of the person or institution receiving him as a parent or guardian may lawfully exercise over a minor. A chil

under sixteen years of age committed for misdemeanor, under any provision of this Code, must be committed to some reformatory, charitable or other institution authorized by law to receive and take charge of minors. And when any such child is committed to an institution it shall, when practicable, be committed to an institution governed by persons of the same religious faith as the parents of such child.

§ 714. Convict as witness. A person heretofore or hereafter convicted of any crime is, notwithstanding, a competent witness, in any cause or proceeding, civil or criminal, but the conviction may be proved for the purpose of affecting the weight of his testimony, either by the record, or by his cross-examination, upon which he must answer any proper question relevant to that inquiry; and the party cross-examining is not concluded by the answer to such question.

§ 715. Husband and wife as witness. The husband or wife of a person indicted or accused of a crime is in all cases a competent witness, on the examination or trial of such person; but neither husband nor wife can be compelled to disclose a confidential communication, made by one to the other during their marriage.

§ 716. Creditor or convict. A person injured by the commission of a felony, for which the offender is sentenced to imprisonment in a state prison, is deemed the creditor of the offender, and of his estate after his death, within the provisions of the statutes relating thereto.

717. Damages, how ascertained. In a case specified in the last section, the damages sustained by the person injured by the felonious act, may be ascertained in an action brought for that purpose by him against the trustees of the estate of the offender, appointed under the provisions of the statutes, or the executor or administrator of the offender's estate.

§ 717a. [added 1893.] Misrepresentation of Circulation of Newspapers or Periodicals. Every proprietor or publisher of any newspaper or periodical who shall willfully or knowingly misrepresent the circulation of such newspaper or periodical for the purpose of securing advertising or other patronage, shall be deemed guilty of a misdemeanor.

§ 718. Construction of forms. In construing this Code or an indictment or other pleading in a case provided for by this Code, the following rules must be observed, except when a contrary intent is plainly declared in the provision to be construed, or plainly apparent from the context thereof :

"

1. Each of the terms "" 'neglect," "negligence," negligent," and "negligently," imports a want of such attention to the nature or

probable consequence of the act or omission as a prudent man ordinarily bestows in acting in his own concerns;

2. Each of the terms 66 corrupt " and "corruptly " imports a wrongful desire to acquire, or cause some pecuniary or other advantage to or by the person guilty of the act or omission referred to or some other person;

66

3. Each of the terms malice" and "maliciously" imports an evil intent, or wish or design to vex, annoy, or injure another person, or to maltreat or injure an animal;

4. The term "knowingly" imports a knowledge that the facts exist which constitute the act or omission a crime, and does not require knowledge of the unlawfulness of the act or omission;

5. Where an intent to defraud constitutes a part of a crime, it is not necessary to aver or prove an intent to defraud any particular person;

6. The term "vessel includes ships, steamers, canal-boats, and every boat or structure adapted to navigation, or movement from place to place by water, either upon the ocean, lakes, rivers, or artificial water ways;

7. The term " signature includes any memorandum, mark, or sign, written with intent to authenticate any instrument, or writing, or the subscription of any person thereto;

8. The term "writing" includes both printing and writing; 9. The term "property "includes both real and personal property, things in action, money, bank bills, and all articles of value ;

10. The singular number includes the plural and the plural the singular;

11. A word used in the masculine gender comprehends as well the feminine and neuter ;

12. A word used in the present tense includes the future;

13. The term " person" includes a corporation or joint association as well as a natural person. When it is used to designate a party whose property may be the subject of any offense, it also includes the state, or any other state, government or country which may lawfully own property within the state;

14. The term "real property" includes every estate, interest and right in lands, tenements and hereditaments;

15. The term "personal property " includes every description of money, goods, chattels, effects, evidences of rights in action, and all written instruments by which any pecuniary obligation, right or title to property, real or personal, is created, acknowledged, transferred, increased, defeated, discharged or diminished, and every right and interest therein;

16. The terms "reputed houses of prostitution or assignation," "house of prostitution,” ""house of ill-fame or assignation,"

"dis

orderly house," include all premises which by common fame or report are used for the purposes of prostitution or assignation.

§ 719. Application of this Code to prior offenses. Nothing contained in any provision of this Code applies to an offense committed or other act done, at any time before the day when this Code 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 Code had not been passed; except that, whenever the punishment or penalty for an offense is mitigated by any provision of this Code, such provision may be applied to any sentence or judgment imposed for the offense after this Code takes effect. An offense specified in this Code, committed after the beginning of the day when this Code takes effect, must be punished according to the provisions of this Code, and not otherwise.

§ 720. Same. The provisions of this Code are not to be deemed to affect any civil rights or remedies existing at the time when this Code takes effect, by virtue of the common law or of any provision of statute.

§ 721. Intent to defraud. Whenever, by any of the provisions of this Code, an intent to defraud is required, in order to constitute an offense, it is sufficient if an intent appears to defraud any person, association or body politic or corporate, whatever.

3 R. S. 995, § 58.

722. Civil remedies, preserved. The omission to specify or affirm in this Code any liability to any damages, penalty, forfeiture or other remedy, imposed by law, and allowed to be recovered or enforced in any civil action or proceeding, for any act or omission declared punishable herein, does not affect any right to recover or enforce the same.

§ 723. Proceedings to impeach, etc., preserved. The omission to specify or affirm in this Code any ground or forfeiture of a public office or other trust or special authority conferred by law, or any power conferred by law to impeach, remove, depose or suspend any public officer or other person holding any trust, appointment or other special authority conferred by law, does not affect such forfeiture or power, or any proceeding authorized by law to carry into effect such impeachment, removal, deposition or suspension.

§ 724. Military punishments, etc., preserved. This Code does not affect any power conferred by law upon any court-martial or other military authority or officer, to impose or inflict punishment