6 or other fixture in any part of the river Hudson, except as permitted by statute, is guilty of a misdemeanor. 434. Exposing person affected with a contagious disease in a public place.-A person, who willfully exposes himself or another, affected with any contagious or infectious disease, in any public place or thoroughfare, except upon his necessary removal in a manner not dangerous to the public health, is guilty of a misdemeanor. § 435. False rumors as to public funds, etc.— A person, who, with intent to affect the market price of the public funds of this state or of the United States, or of any state or territory thereof, or of a foreign country or government, or of the stocks, bonds, or other evidences of debt of a corporation or association, or the market price of gold or silver coin or bullion, or any merchandise or commodity whatever, 1. Without lawful authority, falsely signs the name of an officer of a corporation, or of any other person to a letter, message, or other paper; or 2. Útters or circulates such a letter, message, or paper, knowing that the same has been so falsely signed; or 3. Knowingly circulates any false statement, rumor, or intelligence; Is punishable by a fine of not more than five thousand dollars, or by imprisonment for not more than three years, or both. § 436. Eavesdropping.- A person, who secretly loiters about a building, with intent to overhear discourse therein, and to repeat or publish the same to vex or annoy or injure others, is guilty of a misdemeanor. 437. Destroying invoice.-A person, who willfully destroys or suppresses an invoice, bill of lading, or any other document, writing, or thing whatever, which tends to show the ownership of wrecked property, is guilty of a misdemeanor. § 438. False labels.- A person who, with intent to defraud, either, 1. Puts upon an article of merchandise, or upon a cask, bottle, stopper, vessel, case, cover, wrapper, package, band, ticket, label, or other thing, containing or covering such an article, or with which such an article is intended to be sold, or is sold, any false description or other indication of or respecting the kind, number, quantity, weight or measure of such article, or any part thereof, or the place or country where it was manufactured or produced, or the quality or grade of any such article, if the quality or grade thereof is required by law to be marked, branded or otherwise indicated on or with such article; or 2. Sells or offers for sale an article, which to his knowledge is falsely described or indicated upon any such package, or vessel containing the same, or label thereupon, in any of the particulars specified; or 3. Sells or exposes for sale any goods in bulk to which no name or trade-mark shall be attached, and orally or otherwise represents that such goods are the manufacture or production of some other than the actual manufacturer or producer, in a case where the pun ishment for such offense is not specially provided for otherwise by statute, is guilty of a misdemeanor. [AMD. CH. 46 of 1889.] See Code Cr. Proc., § 56; see § 580, supra. Low v. Hall, 47 N. Y. 104; Mayor, etc. v. Nichols, 4 Hill, 209; Materne v. Horwitz, 101 N. Y. 469; Brown v. Mercer, 37 Supr. 265; Rudder v. Huntington, 3 Sandf. 252; Knight v. Cunningham, 6 Hun, 106; Williams v. Spence, 25 How. 366. $439. Skimmed milk.-A person, who sells or offers for sale, milk from which the whole or a part of the cream has been skimmed or removed, without disclosing the fact, or having a mark or label, plainly and legibly stating the fact, conspicuously affixed to every can or vessel containing the same, under circumstances not constituting an offense, for the punishment of which provision is otherwise specially made by statute, is guilty of a misdemeanor. Verona, etc., Co. v. Murtaugh, 50 N. Y. 315; People v. Fauerback, 5 Park. 311. § 440. Master of vessel bringing foreign convict.- A person, being the master or commander of any vessel, or boat, arriving from a foreign country, who knowingly brings into this state a person who has been, or is a foreign convict of any offense, which if committed in this state would be punishable therein, is guilty of a misdemeanor. See § 153, supra. S441. Non-resident taking or planting oysters.- A person, who not being at the time an actual inhabitant and resident of this state, plants oysters in the waters of this state, without the consent of the owner of the same, or of the shore, or gathers oysters or other shell fish from their beds of natural growth, in any such waters on his own account or for his own benefit, or the benefit of a non-resident employer, is guilty of a misdemeanor, punishable by imprisonment not exceeding six months, or by fine not exceeding one hundred dollars, or both. See Code Cr. Proc., § 56; McCarty et al. v. Holman, 10 W. Dig. 538; People v. Lowndes, 55 Hun, 469; 30 N. Y. State Rep'r, 168; aff'd, 42 id. 360, 363. § 442. Use of certain dredges. A person who uses a dredge or drag operated by steam, or any dredge or drag weighing over thirty pounds, for the purpose of catching or taking oysters or other shell fish from beds of natural growth in the waters of this state is guilty of a misdemeanor. [AMD. CH. 526 of 1888.] § 443. Mock auctions. - A person who buys or sells, or pretends to buy or sell, any goods, wares, or merchandise, or any species of property, except ships, vessels, or real or leasehold estate, exposed for sale by auction, if an actual sale, purchase, and change of ownership therein does not thereupon take place, is guilty of a misdemeanor, punishable by imprisonment for thirty days, or by fine not exceeding one hundred dollars, or both. See § 574, post; Ranney v. People, 22 N. Y. 413. § 444. Interfering with navigation. — A person who throws, or causes, or permits to be thrown, from any boat, scow, or other vessel, or in any other manner, into any of the navigable waters of this state, including bays, sounds and harbors, any earth, ashes, cinders, stone, or other material, or who builds any structure therein, which will in any manner lessen the depth of such waters, or interfere with the free and safe navigation thereof, is guilty of a misdemeanor. See § 390, supra. § 445. Maintaining private insane asylums.— A person who conducts or maintains a private insane asylum, or institution for the care or treatment of persons of unsound mind, without a license issued and granted to such person according to law, is guilty of a misdemeanor. S446. Entry into agricultural fair grounds. A person who wrongfully and fraudulently enters any agricultural fair grounds, without paying the entrance fee, is guilty of a misdemeanor. 447. Drugging person, etc. A person who administers any drug or stupefying substance to another, with the intent, while such person is under the influence thereof, to induce such person to enter the military or naval service of the United States, of this state, or of any other state, country or government, is guilty of a misdemeanor. See §218, sub. 2, supra. TITLE XIII. Of Crimes Against the Public Peace. SEC. 448. Disturbing lawful meetings. 449. "Riot" defined. 450. Punishment of riot. 451. Unlawful assemblies. 452. Disguised and masked persons, etc. 453. Allowing masquerades to be held in places of public resort. 454. Remaining present at place of riot, etc., after warning. 455. Remaining present at a meeting, originally lawful, after it has adopted an unlawful purpose. 456. Refusing to assist in arresting rioter. 457. Combinations to resist execution of 459. What is a challenge. 460. Betting or stakeholding on fight. 461. Fight out of state. 462. Indictment. process. 463. 464. Apprehension of persons about to fight. 465. Forcible entry and detainer. 466. Returning to take possession of lands after being removed by legal pro cess. 467. Unlawful intrusion, etc. 468. Discharging fire-arms in public places. 469. Witnesses' privilege. § 448. Disturbing lawful meetings. — A person who, without authority of law, willfully disturbs any assembly or meeting, not unlawful in its character, is guilty of a misdemeanor. See $274, 275, ante; Com. v. Hoxey, 16 Mass. 385; Campbell v. Com., 59 Penn. Št. 266; People v. Judson, 11 Daly, 1, 82. § 449. "Riot" defined. Whenever three or more persons, having assembled for any purpose, disturb the public peace, by using force or violence to any other person, or to property, or threaten or attempt to commit such disturbance, or to do an unlawful act by the use of force or violence, accompanied with the power of immediate execution of such threat or attempt, they are guilty of riot. What constitutes. People v. White, 55 Barb. 606; State v. Brazil, 1 Rice, 257; State v. Connolly, 3 Rich. 337; Com. v. Runnels, 10 Mass. 518; State v. Cole, 2 McCord, 117; Pa. v. Craig, Addis, 190; State v. Brooks, 1 Hill (S. C.), 361; State v. Russell, 45 N. H. 83; State v. Shaw, 33 Me. 554. Originator of, liable for the whole. State v. Blair, 13 Rich. 93. Previous design or preconcert unnecessary. People v. Ferris, 4 Hall L. J. 209; People v. White, 55 Barb. 606; People v. Judson, 11 Daly, 183; Slater v. Wood, 9 Bosw. 15; Rodman's case, 2 C. H. Rec. 88; Scott's case, id. 25; State v. Brown, 69 Ind. 95; 35 Am. Rep. 210; Spies v. People, 122 Ill. 1; 3 Am. Rep. 320; State v. Stallcup, 1 Ired. 30; 35 Am. Dec. 442. 450. Punishment of riot.-A person guilty of riot, or of participating in a riot, either by being personally present, or by instigating, promoting, or aiding the same, is punishable as follows: 1. If the purpose of the assembly, or of the acts done or threatened or intended by the persons engaged, is to resist the enforcement of a statute of this state, or of the United States, or to obstruct any public officer of this state, or of the United States, in serving or executing any process or other mandate of a court of competent jurisdiction, or in the performance of any other duty; or if the offender carries, at the time of the riot, fire-arms or any other dangerous weapon, or is disguised; by imprisonment for not more than five years, or by a fine of not more than one thousand dollars, or by both such fine and imprisonment; 2. In any other case, if the offender directs, advises, encourages, or solicits other persons, present or participating in the riot or assembly, to acts of force or violence, by imprisonment for not more than two years, or by a fine of not more than five hundred dollars, or by both such fine and imprisonment; 3. In any case, not embraced within the foregoing subdivisions of this section, by imprisonment for not more than one year, or by a fine of not more than two hundred and fifty dollars, or by both such fine and imprisonment. When presence not enough. Scott's case, 2 C. H. Rec. 25. See § 454, post. § 451. Unlawful assemblies. Whenever three or more persons, 1. Assemble with intent to commit any unlawful act by force; or 2. Assemble, with intent to carry out any purpose, in such a manner as to disturb the public peace; or 3. Being assembled, attempt or threaten any act tending towards a breach of the peace or any injury to person or property, or any unlawful act, such an assembly is unlawful, and every person participating therein, by his presence, aid, or instigation, is guilty of a misdemeanor. But this section shall not be so construed as to prevent the peaceable assembling of persons for lawful purposes of protest or petition. Sub. 2. Falconer v. Steers, 3 Luz. L. Obs. 163; Slater v. Wood, 9 Bosw. 15; People v. Judson, 11 Daly, 1, 82; Zeiger v. Nolan, 1 City Ct. Sup. 54; State v. Wood, 9 Bosw. 15. Sub. 3. People v. Most, 128 N. Y. 113; 38 N. Y. State Rep'r, 829, aff'g 29 id. 97; 7 N. Y. Cr. 389. § 452. Disguised and masked persons, etc.-An assemblage in public houses or other places of three or more persons disguised by having their faces painted, discolored, colored or concealed, is unlawful, and every individual so disguised, present thereat, is guilty of a misdemeanor; but nothing contained in this section shall be construed as prohibiting any peaceful assemblage for a masquerade or fancy dress ball or entertainment, or any assemblage thereof of persons masked, or as prohibiting the wearing of masks, fancy dresses, or other disguise by persons on their way to or returning from such ball or other entertainment; if, when such masquerade, fancy dress ball or entertainment is held in any of the cities of this state, permission is first obtained from the police authorities in such cities respectively for the holding or giving thereof, under such regulations as may be prescribed by such police authorities. 453. Allowing masquerades to be held in places of public resort.-A person being a proprietor, manager or keeper of a theatre, circus, public garden, public hall, or other place of public meeting, resort or amusement, for admission to which any price or payment is demanded, who permits therein any assemblage of persons masked, prohibited in this title, is guilty of a misdemeanor, punishable by imprisonment in a state prison not exceeding two years, or in a county jail not exceeding one year, or by a fine not exceeding five thousand dollars and not less than one thousand dollars, or by both such fine and imprisonment. 454. Remaining present at place of riot after warning.— A person, remaining present at the place of an unlawful assembly or riot, after the persons assembled have been warned to disperse by a magistrate or public officer, is guilty of a misdemeanor, unless as a public officer, or at the request or command of a public officer, he is endeavoring or assisting to disperse the same, or to protect persons or property, or to arrest the offenders. See Code Cr. Proc., § 106. 455. Remaining after meeting has adopted unlawful purpose.— Where three or more persons assemble for a lawful purpose, and afterwards proceed to commit an act that would amount to a riot, if it had been the original purpose of the meeting, every person who does not retire when the change of purpose is made known, or such act is committed, except public officers and persons assisting them in attempting to disperse the assembly, is guilty of a misdemeanor. § 456. Refusing to assist in arresting rioter.—-A person, present at the place of an unlawful assembly or riot, who, being commanded by a duly authorized public officer to act or aid in suppressing the riot, or in protecting persons or property, or in arresting a person guilty of or charged with participating in the unlawful assembly or riot, neglects or refuses to obey such command, is guilty of a misdemeanor. See Code Cr. Proc., § 108. § 457. Combinations to resist execution of process.-A person, who enters into a combination with another to resist the execution of any legal process, or other mandate of a court of competent jurisdiction, under circumstances not amounting to a riot, is guilty of a misdemeanor. See Code Cr Proc., §§ 102, 103. |