a person of good character, and obtaining from such commissioner a permit describing such person and authoriz ing the landing, is punishable by a fine of not less than one nor more than five thousand dollars, or by imprisonment in the county jail not less than two nor more than twelve months. 175. Every individual person of the classes referred to in the two preceding sections, brought to or landed within this State contrary to the provisions of such sections, renders the person bringing or landing liable to a separate prosecution and penalty. 176. Every willful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision shall have been made for the punishment of such delinquency, is punishable as a misdemeanor. 177. When an act or omission is declared by a statute to be a public offense, and no penalty for the offense is prescribed in any statute, the act or omission is punishable as a misdemeanor. [Approved March 30th, in effect July 1st, 1874.] 178. Any officer, director, manager, member, stockholder, clerk, agent, servant, attorney, employé, assignee, or contractor of any corporation now existing, or hereafter formed under the laws of this State, who shall employ, in any manner or capacity, upon any work or business of such corporation, any Chinese or Mongolian, is guilty of a misdemeanor, and is punishable by a fine of not less than one hundred nor more than one thousand dollars, or by imprisonment in the county jail of not less than fifty nor more than five hundred days, or by both such fine and imprisonment; provided, that no director of a corporation shall be deemed guilty under this section who refuses to assent to such employment, and has such dissent recorded in the minutes of the board of directors. 1. Every person who, having been convicted for vio lating the provisions of this section, commits any subsequent violation thereof after such conviction, is punishable as follows: 2. For each subsequent conviction, such person shall be fined not less than five hundred nor more than five thousand dollars, or by imprisonment not less than two hundred and fifty days nor more than two years, or by both such fine and imprisonment. [In effect February 13th, 1880.] 179. Any corporation now existing, or hereafter formed under the laws of this State, that shall employ, directly or indirectly, in any capacity, any Chinese or Mongolian, shall be guilty of a misdemeanor, and upon conviction thereof shall for the first offense be fined not less than five hundred nor more than five thousand dollars, and upon the second conviction shall, in addition to said penalty, forfeit its charter and franchise, and all its corporate rights and privileges, and it shall be the duty of the attorney-general to take the necessary steps to enforce such forfeiture. [In effect February 13th, 1880.] CHAPTER VIII. CONSPIRACY. § 182. Criminal conspiracy defined and punishment fixed. § 183. § 184. Overt act, when necessary. § 185. Wearing mask or disguise. 182. If two or more persons conspire 1. To commit any crime; 2. Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime; 3. Falsely to move or maintain any suit, action, or proceeding; 4. To cheat and defraud any person of any property by any means which are in themselves criminal, or to obtain money or property by false pretenses; or, 5. To commit any act injurious to the public health, to public morals, or for the perversion or obstruction of justice, or due administration of the laws; -they are punishable by imprisonment in the county jail not exceeding one year, or by fine not exceeding one thousand dollars, or both. [Approved March 30th, in effect July 1st, 1874.] Conspiracy.-A conspiracy is a combination of two or more persons by concerted action to accomplish some criminal or unlawful purpose, or to accomplish some lawful purpose by criminal or unlawful means -see many cases cited in Desty's Crim. Law, § 11 a. Subd. 1. To commit an indictable offense-29 Pa. St. 296; as, to kill-52 Cal. 251; or to rob 49 Ind. 186; or commit burglary-2 Tex. Ct. App. 192; or to kidnap-11 Low. Can. Jur. 41; or to seduce a female-25 n. 17; 9 How. St. Tr. 127; or entice and carry off a female-5 Rand.627; 25 Ill. 23; 5 Watts & S. 461; or procure defilement of a girl-2 Den. C. C. 79; or persuade a girl to prostitution-4 Fost. & F. 160; 9 How. St. Tr. 127; or any offense-2 Camp. 227; as bigamy or incest-14 Pa. St. 226; or abortion-Bright. 441. Subd. 2. To charge one with crime-2 Mass. 536; 25 I11.70; 2 Dutch. 313; 5 Har. & J. 317; 2 Mass. 536; 58 N. Y. 177; 2 Pars. Cas. 367; 1 Leach, 45; 2 Burr. 993; 1 Sálk. 174; 7 L. Reporter, 58; 4 Barn. & C. 329. Subd. 4. To cheat-9 Mass. 415; 9 Pa. St. 211; 4 id. 210; 2 Har. (Del.) 327; 2 Allen, 168; Thach. C. C. 609; 1 Cush. 190; 4 Iowa, 29; 1 Mich. 216; 108 Mass. 309; 4 Pa. St. 210; 3 Zab. 33; 3 Q. B. 292; 12 Cox C. C. 338; id. 316; 2 Day,205; 64 Me. 369; 9 Cowen, 578; 4 Dill. 407; 4 Strob. 266; 7 Tex. 173; 12 R. I. 124; 25 Vt. 458; 16 Wend. 546; 4 Met. 111; 1 Dev. 357; 8 Rich. 72; 15 N. H. 396; 1 Cush. 111; 39 N. J. L. 324; 5 Har. & J. 317; 4 Halst. 293; 10 Mich. 310; 4 Cox C. C. 390; 8 id. 305. See Desty's Crim. Law, § 11 d. Subd. 5. Public health-2 Ld. Raym. 1179. See 12 Conn. 101. Public peace-2 Camp. 358; 6 Term Rep. 623. Public justice-8 Moody, 11; 6 Mod. 185; 25 Vt. 415. Public trade-4 Met. 111; 82 Mass. 221; 75 id. 127; 1 Strange, 144; 1 Leach, 274; 13 East, 228. See Desty's Crim. Law, s l1 b. 183. No conspiracies, other than those enumerated in the preceding section, are punishable criminally. 184. No agreement, except to commit a felony upon the person of another, or to commit arson, or burglary, amounts to a conspiracy, unless some act, beside such agreement, be done to effect the object thereof, by one or more of the parties to such agreement. An agreement to commit an act, if it amounts to a conspiracy, is in general complete without an overt act-50 Ind. 186; 1 Am. Cr. R. 105; 42 N. H. 393; 12 Minn. 164; 1 Cush. 189; 25 Vt. 415; 9 Mass. 415; 4 Halst. 293; 4 Wend. 229; 4 Mich. 414; 31 Me. 386; 23 Pa. St. 355; 48 Miss. 234; as it is itself an overt act-1 Cush. 189; 1 Strange, 193; and see 2 Mass. 329; 5 Har. & J. 317. The gist of the offense is the fraudulent and corrupt combination with intent that injury shall result-2 Ashm. 247; 7 Barb. 391; 4 Halst. 283; 5 Har. & J. 317; 2 Mass. 329; 23 Pa. St. 355; 5 McLean, 513; 16 Up. Can. Q. B. 543; 1 Ad. & E. 706; 1 Moody & R. 402; 5 Q. B. 49; 9 Coke, 55; Salk. 174; as any act done in pursuance of it is no constituent part of the offense, but merely an aggravation of it-2 Mass. 329; 4 Halst. 293; 5 Har. & J. 217; and see cases cited in Desty's Crim. Law, § 11 g. Merger.-A conspiracy to commit a felony, when executed, is merged in the felony-1 Duval, 4; 5 Mass. 106; 4 Wend. 265; 2 Pars. Cas. 341; 1 Mich. 216; 5 Watts & S. 345; 25 Vt. 415; 48 Me. 218; when to commit a higher crime, it is merged. but not when the conspiracy and the crime are of the same grade-48 Me. 218; 15 id. 100; 5 Mass. 106; 105 id. 53; 108 id. 309; 109 id. 349; 2 Met. 193; 1 Mich. 216; 2 Pars. Cas. 341; 5 Pa. St. 60; 19 Pick. 479; 25 Vt. 415; 5 Pa. St. 60; 4 Wend. 265. But see 66 Mass. 84; 9 Cowen, 577; 6 Ala. 765; 3 Cox C. C. 229. 185. It shall be unlawful for any person to wear any mask, false whiskers, or any personal disguise (whether complete or partial) for the purpose of— 1. Evading or escaping discovery, recognition, or identification in the commission of any public offense. 2. Concealment, flight, or escape, when charged with, arrested for, or convicted of, any public offense. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor. [Approved March 30th, in effect July 1st, 1874.] |