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$ 582. Punishable conspiracies.- No conspiracy is punishable criminally unless it is one of those enumerated in the last two sections, and the orderly and peaceable assembling or co-operation of persons employed in any calling, trade or handicraft for the purpose of obtaining an advance in the rate of Wages or compensation, or of maintaining such rate, is not a conspiracy.
$ 1910. Endangering life by refusal to labor.— A person who wilfully and maliciously, either alone or in combination with others, breaks a contract of service or hiring, knowing, or having reasonable cause to believe, that the probable consequence of his so doing will be to endanger human life, or to cause grievous bodily injury, or to expose valuable property to destruction or serious injury, is guilty of a misdemeanor.
§ 1480. Depriving members of national guard of employment.— A person who, either by himself or with another, wilfully deprives a member of the national guard of his employment, or prevents his being employed by himself or another, or obstructs or annoys said member of said national guard, or his employer, in respect of his trade, business, or employment, because said member of said national guard is such member, or dissuades any person from enlistment in the said national guard by threat of injury to him in case he shall so enlist, in respect of his employment, trade, or business, is guilty of a misdemeanor.
$ 530. Coercing another person a misdemeanor.- A person, who with a view to compel another person to do or to abstain from doing an act which such other has a legal right to do or to abstain from doing, wrongfully and unlawfully,
1. Uses violence or inflicts injury upon such other person or his family, or a member thereof, or upon his property, or threatens such violence or injury; or
2. Deprives any such person of any tool, implement, or clothing, or hinders him in the use thereof; or
3. Uses or attempts the intimidation of such person by threats or force; Is guilty of a misdemeanor.
One who advises or induces another to commit assault or attempt other intimidation is also guilty of violating this prohibition, thus :
§ 2. Definition of principal.--A person concerned in the commission of a crime, whether he directly commits the act constituting the offense or aids and abets in its commission, and whether present or absent, and a person who directly or indirectly counseis, commands, induces or procures another to commit a crime, is a principal.
$ 850. Extortion defined.— Extortion is the obtaining of property from another, with his consent, induced by a wrongful use of force or fear, or under cover of official right.
§ 851. What threats may constitute extortion.- Fear, such as will constitute extortion, may be induced by an oral or written threat:
1. To do an unlawful injury to the person or property of the individual threatened, or to any relative of his or to any member of his family; or,
2. To accuse him, or any relative of his or any member of his family, of any crime; or,
3. To expose, or impute to him, or any of them, any deformity or disgrace; or,
4. To expose any secret affecting him or any of them; or,
5. To kidnap him or any relative of his or member of his family; or [Subd. 5, added by L. 1911, ch. 602.)
6. To injure his person or pjroperty or that of any relative of his or member of his family by the use of weapons or explosives. [Subd. 6 added by L. 1911, ch. 602. Section 851 am'd by L. 1911, chs. 121 and 602.]
$ 852. Punishment of extortion.— A person who extorts any money or other property from another, under circumstances not amounting to robbery, is punishable by imprisonment not exceeding fifteen years, if the same is done by means of force or a threat mentioned in section eight hundred and fifty or in either of the first four subdivisions of section eight hundred and fiftyone, and by imprisonment for not less than five years nor more than twenty years if the same is done by means of a threat mentioned in subdivisions five or six of the latter section. [A8 am'd by L. 1909, ch. 368; and L. 1911, ch. 602.)
Obtaining money by threats or by the continuance of a boycott as described con. stitutes the crime of extortion under the above sections. Those present and abetting when the money is paid or uniting in the acts that lead to the payment or the agreement to pay, though not present when the money is received, are each liable as principals. Whether the money is shared personally or placed in a fund to pay the expenses of the boycott is of no consequence as affecting the crime : People v. Wilzig, N. Y. Cr. 403 (1886). A labor leader was convicted of extortion for hav. ing accepted a sum of money from an employer to pay for “waiting time.” as alleged, of the striking employees : People v. Barondess, 41 N. Y. 659 (1891). Defendant, the head of a labor organization, was properly charged with extortion when evidence showed that he had demanded and received money as the price of abandoning a boycott undertaken to coerce plaintiffs into obedience to his commands as to the pumber of apprentices they should employ: People v. Hughes, 137 N. Y. 29 (1893). Defendant, president of a labor union, was convicted of extortion because he had obtained money from a contractor under threat of continuing a strike: People v. Weinsheimer, 117 App. Div. 603 (Feb. 1907).
§ 720. Relating to disorderly conduct on public conveyances.— Any person who shall by any offensive or disorderly act or language, annoy or interfere with any person in any place or with the passengers of any public stage, railroad car, ferry boat, or other public conveyance, or who shall disturb or offend the occupants of such stage, car, boat or conveyance, by any disorderly act, language or display, although such act, conduct or display may not amount to an assault or battery, shall be deemed guilty of a misdemeanor.
§ 43. Penalty for acts for which no punishment is expressly prescribed. — A person who wilfully and wrongfully commits any act which seriously injures the person or property of another, or which seriously disturbs or en. dangers the public peace or health, or which openly outrages public decency, for which no other punishment is expressly prescribed by this chapter, is guilty of a misdemeanor; but nothing in this chapter contained shall be so construed as to prevent any person from demanding an increase of wages, or from assembling and using all lawful means to induce employers to pay such wages to all persons employed by them, as shall be a just and fair compensation for services rendered.
THE "ANTI-PINKERTON" ACT: PROHIBITING THE APPOINTMENT OF NON
RESIDENTS AS SPECIAL OFFICERS TO PRESERVE THE PUBLIC PEACE
PENAL LAW, CHAPTER 40 OF THE CONSOLIDATED LAWS § 1845. Special peace officers to be citizens.- No sheriff of a county, mayor of a city, or officials, or other person authorized by law to appoint special deputy sherisi's, special constables, marshals, policemen, or other peace officers in this state, to preserve the public peace or quell public disturbance, shall hereafter, at the instance of any agent, society, association or corporation, or otherwise, appoint as such special deputy, special constable, marshal, policeman, or other peace officer, any person who shall not be a citizen of the United States and a resident of the state of New York, and entitled to vote therein at the time of his appointment, and a resident of the same county as the mayor or sheriff or other official making such appointment; and no person shall assume or exercise the functions, powers, duties or privileges incident and belonging to the office of special deputy sheriff, special constables, marshal or policeman, or other peace officer, without having first received his appointment in writing from the authority lawfully appointing him.
A violation of the provisions of this section is a misdemeanor.
§ 1846. Making arrest without lawful authority.- Any person who shall, in this state, without due authority, exercise, or attempt to exercise the functions of, or hold himself out to any one as a deputy sheriff, marshal, or policeman, constable or peace officer, or any public ofiicer, or person pretending to be a public officer, who, unlawfully, under the pretense or color of any process, arrests any person or detains him against his will, or seizes or levies upon any property, or dispossesses any one of any lands or tenements without a regular process therefor, is guilty of a misdemeanor. But nothing herein contained shall be deemed to affect, repeal or abridge the powers authorized to be exercised under sections one hundred and two, one hundred and four, one hundred and sixty-nine, one hundred and eighty-three, eigiit hundred and ninety-five, eight hundred and ninety-six and eight hundred and ninety-seven of the code of criminal procedure; or under section ninety of the railroad law; or under section eleven hundred and forty-seven of this chapter. All places kept for summer resorts and the grounds of racing associations in the counties of New York, Kings and Westchester, are hereby exempted from the provisions of this section.
Compare Railroad Law, $ 88, p. 235, ante.
REGULATION OF EMPLOYMENT AGENCIES, BOARDING HOUSES, ETC.*
EMPLOYMENT AGENCIES IN CITIES
[The original act, L. 1904, ch. 432, afterwards amended by L. 1906, ch. 327, from which the following sections were derived, was held to be a constitutional exercise of the police power : Feople er rel. Armstrong v. Warden of the City Prison, 183 N. Y. 223 (1905).)
The department of licenses of New York City, created by L. of 1914, ch. 475, has jurisdiction “ of all licenses issued under the provisions of article eleven of the General Business Law, so far as it applies to the city of New York." (Greater New York charter, $ 641, subds. 3, 5.)
GENERAL BUSINESS LAW, CHAPTER 20 OF THE CONSOLIDATED LAWS
[As am'd by L. 1910, ch. 700 ]
§ 170. Application of article.- 1. This article shall apply to all cities of the state, except that the provisions hereof relating to domestic and commercial employment agencies shall not apply to cities of the third class. This article does not apply to employment agencies which procure employment for persons as teachers exclusively, or employment for persons in technical or executive positions in recognized educational institutions; to registries conducted by duly incorporated associations of registered nurses; and employment bureaus conducted by registered medical institutions or duly
* Compare Article 5-a, Bureau of Employment, and $ 156 of the Labor Law, pp. 33-36, 101-103, ante, regulating immigrant lodging places.
incorporated hospitals. Nor does such article apply to departments or bureaus maintained by persons for the purpose of securing help or employees, where no fee is charged.
8 171. Definitions.- 1. When used in this article the following terms are defined as herein specified. The term “ person means and includes any individual, company, society, association, corporation, manager, contractor, subcontractor or their agents or employees.
2. The term “ employment agency” means and includes the business of conducting, as owner, agent, manager, contractor, subcontractor or in any other capacity an intelligence office, domestic and commercial employment agency, theatrical employment agency, general employment bureau, shipping agency, nurses' registry, or any other agency or office for the purpose of procuring or attempting to procure help or employment or engagements for persons seeking employment or engagements, or for the registration of persons seeking such help, employment or engagement, or for giving information as to where and of whom such help, employment or engagement may be procured, where a fee or other valuable consideration is exacted, or attempted to be collected for such services, whether such business is conducted in a building or on the street or elsewhere.
3. The term “theatrical employment agency” means and includes the business of conducting an agency, bureau, office or any other place for the purpose of procuring or offering, promising or attempting to provide engagements for circus, vaudeville, theatrical and other entertainments or exhibitions or performances, or of giving information as to where such engagements may be procured or provided, whether such business is conducted in a building, on the street or elsewhere.
4. The term “ theatrical engagement” means and includes any engagement or employment of a person as an actor, performer or entertainer in a circus, vaudeville, theatrical and other entertainment, exhibition or performance. 5. The term “
emergency engagement” means and includes an engagement which has to be performed within twenty-four hours from the time when the contract for such engagement is made.
6. The term “fee” means and includes any money or other valuable consideration paid or promised to be paid for services rendered or to be rendered by any person conducting an employment agency of any kind under the provisions of this article. Such term includes any excess of money received by any such person over what has been paid out by him for the transportation, transfer of baggage, or board and lodging for any applicant for employment; such term also includes the difference between the amount of money received by any such person who furnishes employees, performers or entertainers for circus, vaudeville, theatrical and other entertainments, exhibitions or performances, and the amount paid by him to the said employees, performers or entertainers whom he hires or provides for such entertainments, exhibitions or performances.
7. The term “ privilege means and includes the furnishing of food, supplies, tools or shelter to contract laborers, commonly known as commiszary privileges.
§ 172. License required.— A person shall not open, keep, maintain or carry on any employment agency, as defined in the preceding section, unless he