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PART IV.

Such ag. Baults declared felonies.

CHAP 74.
AN ACT to provide for the punishment of assaults with

dangerous weapons.

PASSED March 23, 1854. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. Any person who, with intent to do bodily harm, and without justifiable or excusable cause, shall hereafter commit any assault upon the person of another with any knife, dirk, dagger or other sharp, dangerous weapon; or who, without such justifiable or excusable cause, shall shoot off or discharge at another, with the intent to injure such other person, any air-gun, pistol or other fire-arms, although without intent to kill such other person or to commit any other felony, shall, upon conviction, be punished by imprisonment in a state prison for a term not more than five years, or by imprisonment in the county prison for a term not exceeding one year.

$ 2. Upon any indictment against any person for an assault ment with with intent to kill, it shall and may be lawful for the jury to

find such accused person guilty of an assault according to the provisions of this act.

An indict.

intent kill.

CHAP 197.
AN ACT to repeal chapter four hundred and ten, passed

April fourteenth, eighteen hundred and sixty, and chap-
ter three hundred and three, passed April seventeenth,
eighteen hundred and sixty-one, and to divide the crime
of murder into two degrees, and to prescribe the punish-
ment of arson.

PASSED April 12, 1862; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

§ 1. The act entitled “An act in relation to capital punishAct 18 Onlayd ment, and to provide for the more certain punishment of the

crime of murder," passed April fourteenth, eighteen hundred and sixty, and the act entitled “An act in relation to cases of murder, and of arson in the first degree, occurring previously to the fourth day of May, in the year one thousand eight hundred and sixty,” passed April seventeenth, eighteen hundred and sixty-one, are hereby repealed.

22 N. Y., 97. Effect on

S 2. No offence committed previous to the time when this Committo. statute shall take effect, shall be affected by this act, except

Act of April
14, 1860,
4, 1861,
repealed.

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offences previously

CHAP, L

cution of

one

of the

of Revised

Division of

murder.

amended,

murder.

amonded.

that when any punishment shall be mitigated by the provisions of this act, such provision shall control any judgment to be pronounced after the said act shall take effect for any offences committed before that time.

$ 3. No prosecution for any offence pending at the time No prosethe aforesaid statutory provisions shall be repealed, shall be offences affected by such repeal; but the same shall proceed in all pendieet.co

. respects as if such provision had not been repealed.

$ 4. Section first of title one, chapter one, of the fourth part Section 1st of the Revised Statutes, shall be so altered as to read as fol- chapter one lows:

fourth part $ 1. Every person who shall hereafter be convicted - First. Statutes Of treason against the people of this state; or, Second. Of altered. murder in the first degree; as those crimes are respectively crime of declared in this title, shall suffer death for the same.

S 5. Section four of the said title shall be so altered as to Section 4 of read as follows:

$ 4. The killing of a human being, without the authority of Defining law, by poison, shooting, stabbing, or any other means, or in any other manner, is either murder in the first degree, murder in the second degree, manslaughter or excusable or justifiable homicide, according to the facts and circumstances of each case.

$ 6. Section five of the said title shall be so altered as to Section 5 of read as follows:

$ 5. Such killing, unless it be manslaughter or excusable or Murder in justifiable homicide, as hereafter provided, shall be murder in degree. the first degree, in the following cases: First. When perpetrated from

a premeditated design to effect the death of the person killed, or of any human being; Second. When perpetrated by any act imminently dangerous to others, and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual ; Third. When perpetrated in committing the crime of arson in the first degree. Such killing, Second

degree. unless it be murder in the first degree, or manslaughter, or excusable or justifiable homicide, as hereinafter provided, or when perpetrated without any design to effect death by a person engaged in the commission of any felony, shall be murder in the second degree.

13 W., 159. S 7. Add to the said title another section, in these words:

Every person who shall be convicted of murder in the Punishsecond degree, or of arson in the first degree, as herein defined, second sball be punished by imprisonment in a state prison for

degree. term not less than ten years.

S 8. In title three, chapter one, part four of the Revised Statutes, alter section nine so as to read as follows:

$ 9. Every person who shall be convicted of any degree of Punisharson herein specified, shall be punished by imprisonment in a arson. state prison, as follows: First. Of arson in the second degree,

the

ment of

any

ment

PART IV.

for a term not more than ten years, nor less than seven years; Second. Of arson in the third degree, for any term not more than seven years, nor less than four years ; Third. Of arson in the fourth degree, for any term not more than four years, and not less than one year; or by imprisonment in a county jail not exceeding a year.

S 10. Every person who shall willfully set fire to or burn in the night time any store or warehouse not adjoining to or within the curtilage of any inhabited dwelling house, so that such house shall not be endangered by such firing, shall, upon conviction, be adjudged guilty of arson in the third degree.

Arson in the third degree.

Act of 1830 defined.

CHAP. 260.
AN ACT relative to the forgery of foreign bank bills.

Passed April 29, 1833. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. Nothing contained in the act, entitled “ An act to prohibit the circulation of the bills of banks not chartered by the laws of this state under the denomination of five dollars,” passed April 20th, 1830, shall be deemed or adjudged to change or affect the provisions of the Revised Statutes in regard to forgery, as contained in article third of title third of chapter first of the fourth part of the Revised Statutes, or the offences and punishments prescribed therein.

CHAP 281.
AN ACT to provide for the public security.

Passed May 5, 1834.
The People of the State of New York, represented in Senate

and Assembly, do enact as follows: Entering $ 1. Any person who shall hereafter be convicted of forcibly &c. with entering any arsenal, armory or arsenal yard, and of seizing, force a mis taking and carrying away any arms or ammunition belonging

arsenals,

to this state, or of entering such arsenal, armory or arsenal yard with the intention of seizing, taking and carrying away any arms or ammunition belonging to the people of this state, shall be deemed guilty of a misdemeanor, and punished by a fine not exceeding one thousand dollars, or by imprisonment in the jail of the county where the conviction shall be had, for a time not exceeding one year, or both, in the discretion of the court before which such conviction shall be had.

CHAP. I.

CHAP. 144. AN ACT amending the Revised Statutes in relation to obtaining money under false pretences.

PASSED April 11, 1851. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. Section fifty-three, of article four, of title three, of Revised chapter one, of part four of the Revised Statutes shall be held extended. to apply in addition to those cases to which it is now applicable, to every person who with intent to cheat or defraud another designedly, by color of any false token or writing, or by any false pretence obtain the signature of any person to any written instrument, or obtain from any person any money, personal property or valuable thing for any alleged charitable or benevolent purpose whatever.

CHAP. 155.
AN ACT to provide for the punishment of the fraudulent

and unauthorized issue and transfer of the stock and
bonds of corporations and joint stock companies.

PASSED April 5, 1855. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. Every officer and every agent of any incorporated Palee cer. company or corporation, formed or existing under or by stock a virtue of the laws of any of the United States, who shali, felony. within this state, willfully and designedly sign, or procure to be signed with intent to issue, sell or pledge, or cause to be issued, sold or pledged, or shall willfully and designedly issue, sell or pledge, or cause to be issued, sold or pledged, any false or fraudulent certificate, or other evidence of the ownership or transfer of any share or shares of the capital stock of such incorporated company or corporation, or any false or fraudulent bond, or evidence of debt of such incorporated company or corporation, or any certificate or other evidence of the ownership or transfer of any share or shares in such incorporated company or corporation, or any instrument purporting to be a certificate or other evidence of ownership or transfer of such share or shares, or purporting to be such bond or evidence of debt, the signing, issuing, selling or pledging of which shall not be authorized by the charter and bylaws of such incorporated company or incorporation, or some amendment thereof, shall be deemed guilty of a felony, and

PART IV.

False certificates of stock a

rized by company.

shall be punished by a fine not exceeding three thousand dollars, and imprisonment in the state prison for a term not less than three nor more than seven years.

$ 2. Every officer and agent of every incorporated com

pany, joint stock company or corporation, formed or existing felony when under or by virtue of the laws of any of the United States,

who shall within this state knowingly, willfully and designedly sign, or procure to be signed with intent to issue, sell or pledge, or cause to be issued, sold or pledged, or who shall knowingly, willfully and designedly issue, sell or pledge, or cause to be issued, sold or pledged any certificate or other evidence of the ownership or transfer of any share or shares of the capital stock of such incorporated company, joint stock company or corporation, or any bond or evidence of debt of such incorporated company, joint stock company or corporation, or any instrument purporting to be a certificate or other evidence of ownership or transfer of such share or shares, or purporting to be such bond or evidence of debt, without being thereunto first authorized and empowered by such incorporated company, joint stock company or corporation, and every such officer and agent who shall re-issue, sell, pledge or dispose of, or cause to be re-issued, sold, pledged or disposed of, any surrendered or canceled certificate or other evidence of the ownership or transfer of any such share or shares, or any right or interest therein, with the intent of defrauding any such corporation or any person or persons, shall be deemed guilty of a felony, and shall be punished by a fine not exceeding three thousand dollars, and imprisonment in the state prison not less than three nor more than seven years.

No persons Bhan sell tickets except

CHAP 103.
AN ACT to prevent frauds in the sale of tickets upon

steamboats, steamships and other vessels.

Passed March 23, 1860; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. No person shall sell or issue, within this state, any.

ticket or instrument, mentioned in section two of this act, for egents, &c. or upon any company or line mentioned in said section, unless

the agents of such company or line; and no person shall sell or issue, within this state, any ticket or instrument mentioned in section two of this act, for or upon any line, ship or steamship, mentioned in said section, except the agents of the owners or consignees of such line, ship or steamship; and no person shall be deemed an agent of any such company, or of the owners or consignees of any such line, sbip or steamship, unless by such company, or by the owners or consignees of

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