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Penal Law

An Act to amend chapter eighty-eight of the laws of nineteen hundred and nine, entitled "An act providing for the punishment of crime, constituting chapter forty of the Consolidated Laws." The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The Penal Law is hereby amended by adding thereto the following articles and sections:

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books

1660

$368. After final judgment in an action against the usurper of an Delivery of office or franchise, if the defendant refuses or neglects to deliver any of the books or papers, when demanded, [as prescribed in the last section,] in his custody or under his control belonging to the office from which he has been ousted, he is guilty of a misdemeanor. [Note 2354.]

ARTICLE 161

Precept

§ 1660. A person, to whom a copy of a precept, directed to another, Failure to is delivered, [as prescribed in this title, must, without any avoidable deliver predelay, deliver it to the person to whom it is directed, if he can be cept in dispossession found within the same town or city; or, if he cannot be so found, to proceedings his agent therein; and if neither can be so found, after the exercise of reasonable diligence, before the time when the precept is returnable, to the judge or justice who issued the same, at the time of the return thereof, with a written statement indorsed thereupon, that he has been unable, after the exercise of reasonable diligence, to find the person to whom the precept is directed, or his agent, within the town or city. A person, who wilfully violates any provision of this section, is guilty of a misdemeanor【; and, if he is a tenant upon the property, forfeits to his landlord the value of three years' rent of the premises occupied by him]. A copy of this section must be indorsed upon each copy of a precept, served otherwise than personally upon the person to whom it is directed. [Note 2355.]

8816992310

Penalty for

failure of

sheriff or keeper to

keep prisoner

confined

Amendment of legal

process and

ARTICLE 162

PRISONERS

§ 1699. A sheriff or keeper of a jail, who suffers [such] a civil prisoner, who has been committed for contempt, or for misconduct in a case provided by law, to go or be at large out of his jail; except by virtue of a writ of habeas corpus, or by the special direction of the court committing him, or in a case specially prescribed by law [; is liable to the party aggrieved, for his damages sustained thereby, and] is guilty of a misdemeanor. [If the commitment was for the non-payment of a sum of money, the amount thereof, with interest, is the measure of damages.] [Note 2356.]

ARTICLE 184

RECORDS AND DOCUMENTS

§ 2052. A process, pleading, or record, shall not be altered, by the clerk or any other officer of the court, or by any other person, without the direction of the court, or of another court of competent out authority authority; except in a case where a party, or his attorney, is specially authorized by law to amend a pleading. [Note 2357.]

record with

ARTICLE 203
Suits

Vexatious suits

Effect

§ 2310. [If] A person who, vexatiously or maliciously, in the name of another but without the latter's consent, or in the name of an unknown person, commences or continues, or causes to be commenced or continued, an action or special proceeding, in a court, of record or not of record, or a special proceeding before a judge or a justice of the peace; or takes, or causes to be taken, any proceeding, in the course of an action or special proceeding in such a court, or before such an officer, either before or after judgment or other final determination [; an action, to recover damages therefor, may be maintained against him, by the adverse party to the action or special proceeding; and a like action may be maintained by the person, if any, whose name was thus used. He] is [also] guilty of a misdemeanor, punishable by imprisonment, not exceeding six months. [Note 2358.]

§ 2. This act shall take effect September first, nineteen hundred and sixteen.

PERSONAL PROPERTY LAW

(Provisions from the Code of Civil Procedure down to January 1, 1915, assigned to the Personal Property Law.)

Personal Property Law

An Act to amend chapter forty-five of the laws of nineteen hundred and nine, entitled "An act relating to personal property, constituting chapter forty-one of the Consolidated Laws."

The People of the State of New York, represented in Senate and Assembly, do enact as follows

Section 1. The Personal Property Law is hereby amended by adding thereto the following articles and sections:

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§ 68. The following personal property, when owned by a house- Exempt holder, is exempt from levy and sale by virtue of an execution, and property each movable article thereof continues to be so exempt, while the family, or any of them, are removing from one residence to another:

1. All spinning wheels, weaving looms, and stoves, put up, or kept for use, in a dwelling-house; and one sewing-machine, with its appurtenances;

2. The family bible, family pictures, and school-books, used by or in the family; and other books, not exceeding in value fifty dollars, kept and used as part of the family library;

3. A seat or pew, occupied by the judgment debtor, or the family, in a place of public worship;

4. Ten sheep, with their fleeces, and the yarn or cloth manufactured therefrom; one cow; two swine; the necessary food for those animals; all necessary meat, fish, flour, groceries, and vegetables, actually provided for family use, and necessary fuel, oil and candles, or the use of the family for sixty days;

5. All wearing apparel, beds, bedsteads and bedding, necessary for the judgment debtor and the family; all necessary cooking utensils; one table; six chairs; six knives; six forks; six spoons; six plates; six tea cups; six saucers; one sugar dish; one milk pot; one tea pot; one crane and its appendages; one pair of andirons; one coal scuttle; one shovel; one pair of tongs; one lamp and one candlestick;

6. The tools and implements of a mechanic, necessary to, the. carrying on of his trade, not exceeding in value twenty-five dollars.

7. In addition to the preceding exemptions, [allowed by the last section, necessary household furniture, working tools and team, professional instruments, furniture and library, not exceeding in value two hundred and fifty dollars, together with the necessary. food for the team, for ninety days, are exempt from levy and sale by virtue of an execution, when owned by a person, being a house

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