Expenses under sec 20, how $22. The expenses under the sections nineteen and twentytione 19 and one, and also of the commissariat and other military departments, shall be audited and allowed by the comptroller, and on his warrant paid by the treasurer, out of any money in the treasury not otherwise appropriated. paid. Arming at night with dangerous weapons with feloni ous intent. Misdemeanor. Felony. When grand lar less than CHAP. 374. AN ACT to prevent attempts to commit burglaries and other crimes. PASSED April 19, 1862; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. If any person in this state who shall be found by night armed with any dangerous or offensive weapon or instrument whatsoever, with intent to break or enter into any dwelling house, building, room in a building, cabin, state room, railway car or other covered enclosure where personal property shall be and to commit any larceny or felony therein, or with the intent to commit any larceny or felony, or if any person shall be found by night having in his possession any picklock, crow, key, bit, jack, jimmey, nippers, pick, bettey or other implements of burglary with the intent aforesaid, or if any person shall be found in any dwelling house, building or place where personal property shall be, with intent to commit any larceny or felony therein, under such circumstances as shall not amount to an attempt to commit felony, every such offender shall be deemed guilty of a misdemeanor. If any person shall commit any such offence after a previous conviction, either for felony or petit larceny, or such misdemeanor as aforesaid, he shall be deemed guilty of a felony, and may be punished by imprisonment in a state prison not to exceed five years. $ 2. Whenever any larceny shall be committed by stealing, Ceny though taking and carrying away from the person of another, the lete offender may be punished as for grand larceny although the value of the property taken shall be less than twenty-five dollars. Attempts under similar circumstances may be punished as for attempts to commit grand larceny. $25 in value be stolen. Laying another, to steal or rob. $3. Every person who shall lay hand upon the person of hands upon another or upon the clothing upon the person of another, with intent with intent to steal under such circumstances as shall not amount to an attempt to rob or an attempt to commit larceny, shall be deemed guilty of an assault with intent to steal, and shall be punished as now provided by law for the punishment As to proof. of misdemeanors. It shall not be necessary to allege or prove in any prosecution for an offence under this section any article intended to be stolen, or the value thereof, or the name of the person so assaulted. CHAP. II. CHAP. 350. AN ACT to authorize the arrest and detention of fugitives from justice from other states and territories of the United States. PASSED May 6, 1839. The People of the State of New York, represented in Senate and Assembly, do enact as follows: from justice hended. § 1. The officers respectively specified in section first of Fugitives title second of chapter second of part fourth of the Revised how appre Statutes, shall have power to issue process for the apprehension of a person charged in any state or territory of the United States with treason, felony or other crime, who shall flee from justice and be found within this state. inge. 52. The proceedings shall be in all respects similar to those Proceedunder title second, chapter second, part fourth of the Revised Statutes, for the arrest and commitment of persons committing offences within this state. when to be $3. If, from such examination, it shall satisfactorily appear Fugitive that such person has committed a criminal offence and is a committed. fugitive from justice, such magistrate by warrant, reciting the accusation, shall commit such fugitive from justice to the How long. common jail, there to be detained, for such time to be specified in said warrant, as the said magistrate shall deem reasonable to enable such fugitive to be arrested, by virtue of the warrant of the executive of this state, issued according to the act of congress, upon the requisition of the executive authority of the state or territory in which such fugitive committed such offence, unless such person shall give bail as in this act is provided for, or until he shall be discharged according to law. $ 4. The person thus arrested may give bail in such sum as Bail may be by the magistrate shall be deemed proper; conditioned that given. he will appear before the said magistrate, at such time as to the said magistrate shall seem reasonable; and will deliver himself up to be arrested upon the warrant of the executive of this state. the district $5. The magistrate before whom such person shall have Notice to been examined and committed, shall immediately cause writ- attorney. ten notice to be given to the district attorney of the county where such commitment takes place, of the name of such person and the cause of his arrest; the said district attorney His duty. shall immediately thereafter cause notice to be given to the governor of the state or territory, or to the state's attorney, or to the presiding judge of the criminal courts of the city or county of the state or territory having jurisdiction of the offence so charged to have been committed by such person, to the end that a demand in pursuance of the act of congress, may be made for the arrest and surrender of said person. PART IV. When fugi discharged. $6. The person thus arrested, detained or bailed, shall be tive to be discharged from such detention or bail, unless at or before the expiration of the time designated in the warrant of commitment, or in the condition of the bail bond, he shall be demanded or arrested by such warrant of the executive of this state. Return to be made to general sessions. Power of the general sessions. Copy of act &c. $ 7. It shall be the duty of the magistrate to make return to the next court of general sessions of the peace of the county, of his proceedings in the premises; it shall be the duty of the said court of sessions to inquire into the cause of the arrest and detention of such person; and if such person is in custody, or the time for his arrest as designated in the condition of the bail bond has not elapsed, the said court of general sessions in its discretion, may discharge the said person from detention, or may order the said bail bond to be canceled, or may continue his detention for a period beyond the time specified in the warrant of commitment, or may order new bail to be given, conditioned for the surrender of the said person at a time, shorter or longer than the time designated in the bail bond taken by the said magistrate; and if said person is in custody may take bail, conditioned for his appearance before said court, to be surrendered at such time as to said court may seem reasonable and proper. $ 8. The governor of this state shall transmit a copy of to be sent, this law to the executive of each of the states of the Union, to the end, that reciprocal laws may be enacted by such states. Powers of recorders. Provisions of the Revised CHAP. 243. AN ACT relative to the recorders of the several cities of this State. PASSED May 7, 1840. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. The recorders of the several cities of this state shall have the same powers in relation to the trial of criminals, as are given to a judge of county courts, by the first article of Title third, Chapter second, Part four of the Revised Statutes. CHAP. 147. AN ACT to defray the expenses incurred in the apprehension of certain criminals. PASSED May 9, 1846. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. The provisions of section eighteen of the first title of chapter nine part first of the Revised Statutes, in relation to СНАР. ІІ. the general fund and the expenditures chargeable thereon, statutes to shall be deemed to apply to all cases in which, for offences apply. against the criminal laws of this state, persons charged therewith, have been or shall be apprehended or legally pursued under the provisions of article tenth of the treaty of the United States of America and the Queen of the United Kingdom of Great Britain and Ireland, concluded and signed by their plenipotentiaries at Washington, on the ninth day of August, one thousand eight hundred and forty-two, entitled a treaty to settle and define the boundaries between the territories of the United States, and the possessions of her Britannic Majesty in North America, for the final suppression of the African slave trade, and for the giving up of criminals fugitive from justice in certain cases. CHAP. 338. AN ACT to amend article two of title four, chapter two, of part four of the Revised Statutes, entitled of "indictments and proceedings thereon." PASSED October 26, 1847. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. A warrant for the arrest of any defendant indicted, Warrant by may be issued by the district attorney at any time after such attorney indictment shall be found. district attorney. CHAP. 199. AN ACT in relation to the property and money taken from persons arrested and accused of crimes in the city of New York and Brooklyn. PASSED April 9, 1855. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. Whenever any goods, chattels or money, shall be taken from any person or persons in the city of New York, or the city of Brooklyn, charged with the commission of any crime or misdemeanor, the same shall be immediately conveyed to a police court, and properly marked and inventoried in a book to be kept for that purpose by the property clerk, together with the time the same was so taken from such person, and the name of such person, together with the name or names of the parties, if any, who claim such property or money, and a copy of such inventory shall be given to the party from whom the same was taken, and such property and money Property to care of. be taken PART IV. Penalty for violation. Indict ments for nuisance tried. shall be deposited with the property clerk of the committing magistrate. In case said property or money shall not, within ten days after such arrest and seizure, be claimed by any other person or persons, the same shall be delivered to the person from whom the same was taken, and to no other person, either attorney, agent, factor or clerk. In case said property or money shall within said ten days be claimed by any other person or persons, it shall be retained by such clerk until after the discharge or conviction of the person from whom the same was taken; and if such claimant or claimants shall establish to the satisfaction of the committing magistrate, that he or they are the rightful owners, the same shall be restored to him or them, unless otherwise directed by the court of sessions; otherwise, it shall be returned to the accused personally, and not to any attorney, agent, factor or clerk of such accused person. S2. Any officer or other person offending against the provisions of this act, shall, on conviction thereof, be deemed guilty of a misdemeanor, and be punished by imprisonment in the penitentiary for not less than one month, nor more than six months, or by fine not exceeding one thousand dollars, or both, in the discretion of the court. CHAP. 415. AN ACT in relation to the indictment and place of trial of nuisances. PASSED July 8, 1851. The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 1. Whenever any nuisance shall be erected or continued, on or near the boundary line of the counties of New York, where to be Westchester and Queens, the same, and the persons by whom such nuisance shall have been erected or continued, may be indicted in either county injuriously affected thereby; and thereupon the same proceedings shall be had and taken, and the sentence of the court may be enforced in the same manner as if the said nuisance was situated within the county in which the indictment was found. Records of where to be filed. $ 2. The record of any conviction under this act, shall be conviction filed in the clerk's office of the county, in which such nuisance is located; and thereupon process shall be issued to the sheriff of such county to abate such nuisance, in the same manner as if the conviction was had in the county in which the record was filed. |