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Subdiv. 13. “Foreign government.” Republic of Honduras v. Soto, 112 N. Y. 310.

“ Foreign corporation.” Matter of McMahon, 66 How. 192–193; People, ex rel., v. McLean, 80 N. Y. 259.

Corporation." People v. Rector, etc., 22 N. Y. 44; British, etc., v. Comrs., 31 N. Y. 32; 28 How. Pr. 44; People v. May, 27 Barb. 238; United States Tel. Co. v. West. Union Co., 56 id. 47; State v. Waterloo Turn Verein, 71 Iowa, 226; 60 Am. Rep. 786.

“State.” Martin v. State, 24 Tex. 61.
“ United States." State v. Herold, 9 Kans. 194.

Subdiv. 15. A discharge of a mortgage complete in form, and bearing the signature of the mortgagee, and duly acknowledged, until delivered to some one by the maker for the uses and purposes therein expressed, is not personal property” as defined by this statute, and cannot be the subject of larceny. People v. Stevens, 3 N. Y. Cr. Rep. 583; 38 Hun, 62. The court say:

“ This definition of the term “personal property' is only new in form; the various previous enactments on the subject having been simply collected and consolidated. See Phelps v. People, 72 N. Y. 350.

$ 719. Application of this Code on prior offenses.Nothing contained in any provision of this Code applies to an ottense committed or other act done, at any time before the day when this Code takes effect. Such an offense must be punished according to, and such act must be governed by, the provisions of law existing when it is done or committed, in the same manner as if this Code had not been passed; except that, whenever the punishment or penalty for an offense is mitigated by any provision of this Code, such provision may be applied to any sentence or judgment imposed for the offense after this Code takes effect. An offense specified in this Code, committed after the beginning of the day when this Code takes effect, must be punished according to the provisions of this Code, and not otherwise.

See $ 2, ante, and notes; People v. Keeler, 32 Hun, 589, note; People v. Ray mond, 96 N. Y. 38; People v. Keeler, 99 id. 463; 3 N. Y. Cr. Rep. 354; Peo. ple v. McTameney, 30 Hun, 505; 13 Abb. N. C. 55; 1 N. Y. Cr. Rep. 437; 66 How. 74; Matter of Hallenbeck, 65 How. 501; People v. Sadler, 97 N. Y. 146; People v. Jaehne, 103 id. 198; People v. Douling, 1 N. Y. Cr. Rep. 530; Matter of Hoffman, id. 484; People v. Coffee, 62 How. Pr. 445; Matter of Walker, id. 352.

$ 720. Application of this Code to prior offenses. The provisions of this Code are not to be deemed to affect any civil rights or remedies existing at the time when this Code takes effect, by virtue of the common law or of any provision of statute. $ 721. Intent to defraud. — Whenever, by any of the provisions of this Code, an intent to defraud is required, in order to constitute an offense, it is sufficient if an intent appears to defraud any person, association or body politic or corporate, whatever.

Not necessary to aver or prove an intent to defraud any particular person. $ 718, subd. 5.

$ 722. Civil remedies, preserved. — The omission to specify or affirm in this Code any liability to any damages, penalty, forfeiture or other remedy, imposed by law, and allowed to be recovered or enforced in any civil action or proceeding, for any act or omission declared punishable herein, does not affect any right to recover or enforce the same.

See 1 Bish. Crim. Law (6th ed.), SS 267–278; Cooley Torts, 86-88.

$ 723. Proceedings to impeach, etc., preserved. — The omission to specify or affirm in this Code any ground or forfeiture of a public office or other trust or special authority conferred by law, or any power conferred by law to impeach, remove, depose or suspend any public officer or other person holding any trust, appointment or other special authority conferred by law, does not affect such forfeiture or power, or any proceeding author. ized by law to carry into effect such impeachment, removal, depo sition or suspension.

§ 724. Military punishments, etc., preserved. This Code does not affect any power conferred by law upon any court-martial or other military authority or officer, to impose or inflict pun. ishment upon offenders; nor any power conferred by law upon any public body, tribunal or officers, to impose or inflict punishment for a contempt; nor any provisions of the laws relating to apprentices, bastards, disorderly persons, Indians and vagrants, except so far as any provisions therein are inconsistent with this Code.

“ Upon any public body." See People v. Keeler, 99 N. Y. 475; 3 N. Y. Cr. Rep. 354.

“Disorderly persons." See Matter of McMahon, 64 How. 285; 1 N. Y. Cr. Rep. 58; Matter of Riley, 31 Hun, 613

$ 725. Certain statutes continuing in force.—Nothing in this Code affects any of the provisions of the following statutes;

but such statutes are recognized as continuing in force, notwithstanding the provisions of this Code; except so far as they have been repealed or affected by subsequent laws:

1. All acts incorporating municipal corporations, and acts amending acts of incorporation, or charters of such corporation, or providing for the election or appointment of officers therein, or defining the powers and duties of such officers.

2. All acts relating to emigrants or other passengers in vessels coming from foreign countries, except as provided in section six hundred and twenty-six of this Code.

3. All acts for the punishment of intoxication or the suppression of intemperance or regulating the sale or disposition of intoxicating or spirituous liquors.

4. All acts defining and providing for the punishment of offenses and not defined and made punishable by this Code.

Subdiv. 1. To be construed as saving only those penal provisions of charter acts which are not covered by the provisions of the Penal Code. People v. Jaehne, 103 N. Y. 198, 199; 4 N. Y. Cr. Rep. 478.

Subdiv. 3. People v. Scheroe, 1 N. Y. Cr. Rep. 371; People v. Myers, 2 id. 128; 95 N. Y. 223.

Subdiv. 4. The former statutes relating to the offense of disorderly conduct are now in force. Matter of McMahon, 64 How, Pr. 285; 1 N. Y. Cr. Rep. 58.

See, also, under this subdivision, People v. Bernardo, 1 N. Y. Cr. Rep. 245; People v. Page, 22 State Rep. 277; Rockwood v. Oakfield, 2 id. 331.

8 726. General repeal.- All acts and parts of acts which are inconsistent with the provisions of this act are repealed, so far as they impose any punishment for crime, except as herein provided.

See 22 Daily Reg. 476; 23 id. 1069; Matter of Hallenbeck, 65 How. 401; People v. McTameney, 30 Hun, 505; 13 Abb. N. C. 55; 1 N. Y. Cr. Rep. 437; Matter of McMahon, 64 How. 285; 1 N. Y. Cr. Rep. 58 ; Rockuood v. Oakfield, 2 N. Y. State Rep. 331; People v. Jaehne, 103 N. Y. 182; People v. Rontey, 21 State Rep. 175; People v. Keeler, 99 N. Y. 463; People v. Bernardo, 1 N. Y. Cr. Rep. 247; People v. Russell, 3 id. 475.

$ 727. When act to take effect.-This act shall take effect on the first day of December, eighteen hundred and eighty-two. When construed in connection with other statutes it must be deemed to have been enacted on the fourth day of January, eighteen hundred and eighty-one, so that any statute enacted COMPILATION

OT

FELONIES AND MISDEMEANORS

UNDER PROVISIONS OF

CHAPTER 35, LAWS OF 1889.

The following list of misdemeanors under the head“ Auctions,” excepting the last, have been in my opinion repealed or superseded.

As, however, this has not been judicially determined, and this conclusion may not be accepted by all, as (see note of editor of the last edition of the Revised Statutes, page 416, volume 2) I have concluded to include them in this schedule with this explanation.

AUCTIONS. Every person who shall sell or attempt to sell at public auction any goods or effects liable to duty charged without having given a bond as required by law, shall be deemed guilty of a misde

meanor.

And every auctioneer who shall, during his term of office, accept an appointment from any other State, or shall be concerned as principal or partner in selling any goods, wares, merchandise or effects in any other State at public auction, or who shall receive any reward, compensation or benefit for or on account of such sale, shall be deemed guilty of a misdemeanor.

And any auctioneer in any city of this state who shall at the same time have more than one house or store for the purpose of holding his auctions, or who shall expose to sell by public auction any goods or articles liable to auction duties at any other place than that designated in a writing signed by him as the place of holding his auctions, except goods sold in original packages as imported, household furniture, and such bulky articles, shall be deemed guilty of a misdemeanor.

And every person who shall be guilty of any fraud or deceit in connection with his duties as auctioneer, or who shall seek to elude or defeat that portion of the provisions of the law applicable to auctioneers, shall be deemed guilty of a misdemeanor.

Any auctioneer who shall sell at public auction between sunset and sunrise, any goods other than

1. Books or prints.

2. Goods sold in the original package, as imported, according to a printed catalogue, of which samples shall have been opened and exposed to public inspection, at least one day previous to the sale, in the cities of New York and Albany, shall be guilty of a misdemeanor.

Laws 1880, Chap. 310. Every broker or auctioneer who shall sell any goods, wares, merchandise or effects without having filed the bond required, or who shall neglect to make and render an account, or to pay over duties, as required by law, is guilty of a misdemeanor.

BANKS.

Laws 1882, Chap. 409, $ 7. Receiving any pay or compensation by the superintendent of the banking department, or any of his clerks or employees, for any services rendered in the banking departinent, other than the compensation allowed by law, is a misdemeanor.

$ 13. Willful, false swearing by any bank officer or employee, in any bank examination, shall be perjury.

All willful, false swearing in reference to reports made by discount banks to the superintendent, shall be deemed perjury.

$ 75. Any superintendent or other officer who shall countersign bills or notes for any person or association in excess of the amount of stocks deposited with the superintendent on account thereof, shall be guilty of a misdemeanor.

$ 117. Every violation of section 117 by any officer or member of a banking association, shall be a misdemeanor.

$ 20.

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