Ship authorized agent of such company, owners or consignees, and each and every person who shall sell, issue or deliver to any person or persons any such ticket, instrument, certificate, order or receipt, unless such ticket, instrument, certificate, order or receipt is made or filled out in the manner and form prescribed in this section, shall, upon conviction, be punished by imprisonment in a state prison not exceeding two years, or by a fine not exceeding one thousand dollars; but no indictment or conviction under any of the provisions of any of the preceding sections, for the sale, attempted sale, issuing or delivering of any ticket, instrument, certificate, order or receipt, shall be deemed bad, on the ground that such ticket, instrument, certificate, order or receipt is not made or filled out according to the requirements of this section. $ 12. The word "ship," used in this act, shall include every ship," team- denomination of sailing vessels, and the word "steamship, meaning of shall include steamboats and propellers, and every kind of vessel propelled, in whole or in part, by steam. "Company, S 13. The term "company," whenever used in this act, shall meaning of extend to and include all corporations, whether created by or incorporated under the laws of this state, or of any other state or nation. Foreign railroads. Punishment for making or selling slung shot. Indictment $14. This act shall not be so construed as to permit railroads, incorporated in any other state, to sell passenger tickets under this law, in this state; nor any ship or steamship for or on behalf of such railroad company. CHAP. 278. AN ACT to prevent the manufacture, use and sale of slung shot. PASSED April 7, 1849. The People of the State of New York. represented in Senate and Assembly, do enact as follows : $1. Any person who shall, within this state, hereafter manufacture, or cause to be manufactured, or sell, or expose, or keep for sale or gift, or part with any instrument or weapon of the kind usually known as slung shot, or of any similar kinds shall be liable to indictment for misdemeanor, and on conviction, shall be punished by fine of not less than two hundred and fifty, nor over five hundred dollars, or by imprisonment in a county jail for not less than six months, nor over two years. $2. Any person who shall, within this state, hereafter for felony. carry, or be found in the possession of, or use, or attempt to use, as against any other person, any instrument or weapon of the kind usually known as slung shot, or of any similar kind, shall be liable to indictment for felony, and on conviction shall be punished by imprisonment in a state's prison for a term not less than one, nor more than five years. CHAP. I. CHAP. 182. AN ACT to amend title six, chapter one, part four of the Revised Statutes entitled, "Of offences punishable by imprisonment in a county jail and by fines." PASSED April 16, 1851. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. Section fifteen, of title six, of chapter one, part four of the Revised Statutes entitled, "of offences punishable by imprisonment in a county jail, and by fines," is hereby amended by adding thereto the following subdivisions: earth from 6. Digging, taking, or carrying away from any lot situated Carrying within the bounds of any incorporated city, without the city lots. license of the owner or legal occupant thereof, any earth, soil or stone, being a part of the freehold, or severed therefrom at some previous time, under such circumstances as would render the trespass a larceny, if the thing so severed or carried away was personal property, or knowingly aiding or assisting therein: streets. 7. Digging, taking, or carrying away from any land in any Ib. from of the cities of this state, laid down on the map or plan of said city, as a street or avenue, or otherwise established or recognized as a street or avenue, without the license of the mayor and common council of said city, or of the owner of the fee thereof, any earth, soil or stone, under such circumstances as would render the trespass a larceny, if the thing so severed or carried away, was personal property, or knowingly aiding or assisting therein. CHAP. 165. AN ACT in relation to indictments for libel, and the trial thereof. PASSED April 7, 1852. The People of the State of New York, represented in Senate and Assembly, do enact as follows: cases of $1. In all cases where a libel has been, or may hereafter be Trial in published in any paper in this state, against any person resid- libel. ing therein, the accused shall be indicted, and the trial thereof shall be had in either the county where the said paper was or may hereafter be published, or in any county where the party libeled shall reside; but the defendant may in all cases claim the right, by motion to the supreme court in the district where he resides, to be tried in the county where the libel was or may hereafter be printed, on executing a bond to the com PART IV. Not resi dents of the state. Trial may be had in plainant, in the penal sum of not less than two hundred and fifty, nor more than one thousand dollars, in the discretion of the court, conditioned, in case the defendant be convicted, for the payment of all the complainant's reasonable and necessary traveling expenses incurred in going to and from his place of residence and the place of trial, and the necessary expenses in attendance on the trial, in the prosecution of the defendant. Such bond shall be signed by two sufficient sureties, to be approved by any judge of any court of record exercising criminal jurisdiction; and in no case shall such defendant be indicted for the printing or publication of a single libel in more than one county of this state. $2. In all cases where a libel has been, or may hereafter be printed or published, against any person not a resident of this state, the accused shall be indicted, and the trial thereof shall be had, in the county where the said libel was or may hereafter be printed and published. S3. In all cases where such paper shall not upon its face any county. purport to be, or to have been printed and published in a particular county of this state, the accused may be indicted, and the trial thereof had, in any one county where the said paper has been or may hereafter be circulated. Power of courts not affected. Amendment. Offence described. $4. Nothing in this act contained shall abridge, or in any manner affect, the right or power of any competent court to change the place of trial of indictments for libel in the manner now provided by law. CHAP. 539. AN ACT to amend the existing law relating to bribery. The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 1. The ninth and tenth sections, in article second, of title four, chapter one, part four, of the Revised Statutes of this state, which article is entitled "Of bribery, and corrupting jurors and others," are hereby so amended as to read as follows: $ 9. Every person, who shall promise, offer, or give, or cause, or aid, or abet in causing to be promised, offered, or given, or furnish, or agree to furnish, in whole or in part, to the governor, or lieutenant-governor, or to any member of the senate, or assembly of this state, after his election as such member, and either before or after he shall have qualified and taken his seat, or to any clerk or other officer of the senate or assembly; to any commissioner of the land office, or of the canal fund, or any canal commissioner, or canal appraiser; to the comptroller, surveyor-general, state engineer and surveyor, secretary of state, attorney-general, or superintendent of the banking department; to any judge of any court of record or to any judicial officer whatever; to any member of the common council, or corporation of any city in this state, or to any mayor, recorder, chamberlain, treasurer, or comptroller of such city, or to any other officer of such city, or of any department of the government thereof; any money, goods, right in action, or other property, or anything of value, or any pecuniary, or other individual advantage, present or prospective, with intent to influence his vote, opinion, judgment, or action upon any question, matter, cause or proceeding, which may be then pending, or may by law be brought before him in his official capacity, shall, upon such conviction, be imprisoned in a state prison not exceeding ten years, or shall be fined not exceeding five thousand dollars, or both, in the discretion of the court. CHAP. I $10. Every officer, in the last section enumerated, who shall accept any such gift, thing of value or advantage, or any promise or undertaking to make or furnish the same, under any agreement or understanding that his vote, opinion, judgment, or action shall be influenced thereby, or shall be given in any particular manner, or upon any particular side of any question, matter, cause, or proceeding then pending, or which may by law be brought before him in his official capacity, or who shall, directly or indirectly, demand, require, propose to receive, receive or entertain any negotiation or proposition for any such gift, thing of value or advantage, as a consideration or motive for his official vote, action or influence, shall, upon conviction, be forever disqualified from Disqualiaholding any public office, trust or appointment, under the constitution or laws of this state, shall forfeit his office, and shall be punished by imprisonment in a state prison not exceeding ten years, or by a fine not exceeding five thousand dollars, or both, in the discretion of the court. $ 2. The said article second, of title four, is hereby further amended, by adding at the end thereof, the following three sections, thirteen, fourteen and fifteen of said title four: $ 13. Every person who shall knowingly bear or convey any such gift, gratuity or proposal, or shall, in any manner, negotiate, between any other persons, for any act in violation of either of the provisions of the preceding sections of this article, shall, upon conviction, be punished in like manner and to the same extent, as the principal offenders, respectively, would be liable to be punished under the provisions of this article for committing such act, except only the disqualification and forfeiture of office mentioned in the preceding tenth section. cation. $ 14. Every person offending against either of the provi- Testimony sions of the preceding sections in this article, shall be a competent witness against any other person so offending, and may be compelled to appear and give evidence before any magistrate or grand jury, or in any court, in the same manner PART IV. Where tried. testify, how as other persons; but the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying. $15. Every person offending, as in the last section is specified, may be indicted, tried and convicted in the county in which such offence shall be committed, or in an adjoining county. In any prosecution for such offence, if any person shall refuse, or without just cause, omit to appear, or to produce any paper or writing, before any magistrate or grand jury, or in court, according to the requirements of a subpœna for that purpose duly served upon him; or if any competent Refusal to witness there present shall, when duly required, refuse or punished. omit to testify, the magistrate or court in which such prose cution shall be pending, may, in addition to any other pun ishment authorized by law for a criminal contempt of court, order such person or witness to be imprisoned until he shall consent to appear and testify, or produce such paper or writing; and may, in its discretion, order any such proceeding or trial to be suspended, or a juror, from time to time, to be withdrawn and the trial postponed, until the testimony of such witness or such paper or writing, shall be obtained. CHAP. 130. AN ACT in relation to libel. PASSED April 1, 1854. The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 1. No reporter, editor or proprietor of any newspaper shall be liable to any action or prosecution, civil or criminal, for a fair and true report in such newspaper of any judicial, legislative, or other public official proceedings of any statement, speech, argument or debate in the course of the same, except upon actual proof of malice in making such report, which shall in no case be implied from the fact of the publication. 24 N. Y., 20. $ 2. Nothing in the preceding section contained shall be so construed as to protect any such reporter, editor or proprietor from an action or indictment for any libelous comments or remarks superadded to and interspersed or connected with such report. |