THE PENAL CODE. SEC. 168. If two or more persons conspire, either 4. To cheat and defraud another out of property, by any means which are in themselves criminal, or which, if executed, would amount to a cheat, or to obtain money or any other property by false pretenses; or 5. To prevent another from exercising a lawful trade or calling, or doing any other lawful act, by force, threats, intimidation, or by interfering or threatening to interfere with tools, implements, or property belonging to or used by another, or with the use or employment hereof; Each of them is guilty of a misdemeanor. SEC. 170. The orderly and peaceable assembly or cooperation 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 and is not punishable criminally. SEC. 171 "A." Any person or persons, employer or employers of labor, and any person or persons of any corporation or corporations on behalf of such corporation or corporations, who shall hereafter coerce or compel any person or persons, employe or employes, laborer or mechanic, to enter into an agreement, either written or verbal, for such person, persons, employe, laborer or mechanic, not to join or become a member of any labor organization, as a condition of such person or persons securing employment, or continuing in the employment of any such person or persons, employer or employers, corporation or corporations, shall be deemed guilty of a misdemeanor. The penalty for such misdemeanor shall be imprisonment in a penal institution for not more than six months, or by a fine of not more than two hundred dollars, or by both such fine and imprisonment. 1887. SEC. 171 "B." 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 or injury to him in case he shall so enlist, in respect of his employment, trade or business, is guilty of a misdemeanor. 1903. SEC. 171 "C." No association or corporation, constituted or organized for the purpose of promoting the success of the trade, employment, or business of the members thereof, shall by any constitution, rule, bylaw, resolution, vote, or regulation, discriminate against any member of the national guard of the state of New York, because of such membership in respect of the eligi bility of such member of the said national guard to membership in such association or corporation, or in respect of his right to retain said last mentioned membership; it being the purpose of this section and the section immediately preceding to protect a member of the said national guard from disadvantage in his means of livelihood and liberty therein but not to give him any preference or advantage on account of his membership of said national guard. A person who aids in enforcing any such provisions against a member of the said national guard with the intent to discriminate against him because of such membership, is guilty of a misdemeanor. 1903. SEC. 259. The first day of the week being by general consent set apart for rest and religious uses, the law prohibits the doing on that day of certain acts hereinafter specified, which are serious interruptions of the repose and religious liberty of the community. SEC. 260. A violation of the foregoing prohibition is Sabbath breaking. SEC. 263. All labor on Sunday is prohibited, excepting the works of necessity or charity. In works of necessity or charity is included whatever is needful during the day for the good order, health or comfort of the community. 1883. SEC. 264. It is a sufficient defense to a prosecution for work or labor on the first day of the week, that the defendant uniformly keeps another day of the week as holy time, and does not labor on that day, and that the labor complained of was done in such manner as not to interrupt or disturb other persons in observing the first day of the week as holy time. 1885. SEC. 265. All shooting, hunting, fishing, playing, horse-racing, gaming or other public sports, exercises or shows, upon the first day of the week, and all noise disturbing the peace of the day, are prohibited. 1883. SEC. 266. All trades, manufactures, agricultural or mechanical employments upon the first day of the week are prohibited, except that when the same are works of necessity they may be performed on that day in their usual and orderly manner, so as not to interfere with the repose and religious liberty of the community. 1883. SEC. 267. All manner of public selling or offering for sale of any property on Sunday is prohibited, except that articles of food may be sold and supplied at any time before ten o'clock in the morning, and except also that meals may be sold to be eaten on the premises where sold or served elsewhere by caterers; and prepared tobacco, milk, ice and soda water, in places other than where spirituous or malt liquors or wines are kept or offered for sale, and fruit, flowers, confectionery, newspapers, drugs, medicines and surgical appliances may be sold in a quiet and orderly manner at any time through the day. The provisions of this section, however, shall not be construed to allow or permit the public sale or exposing for sale or delivery of uncooked flesh goods, or meats, fresh or salt, at any hours or time of the day. Sept. 1, 1901. SEC. 268. All service of legal process of any kind whatever, upon the first day of the week, is prohibited, except in cases of breach of the peace, or apprehended breach of the peace, or when sued out for the apprehension of a person charged with crime, or except where such service is specially authorized by statute. Service of any process upon such day, except as herein permitted, is absolutely void for any and every purpose whatsoever. 1892. SEC. 269. Sabbath breaking is a misdemeanor, punishable by a fine of not less than five and not more than ten dollars, or by imprisonment in a county jail not exceeding five days, or by both, but for a second or third offense where the party shall have been previously convicted it shall be punishable by a fine of not less than ten dollars and not more than twenty dollars, and by imprisonment in a county jail not less than five nor more than twenty days. 1887. SEC. 270. In addition to the penalty imposed by the last section, all property and commodities exposed for sale on the first day of the week in violation of the provisions of this chapter shall be forfeited. Upon conviction of the offender by a justice of the peace of a county, or by any police justice or magistrate, or by a mayor, recorder or alderman of the city, such officer shall issue a warrant for the seizure of the forfeited articles, which, when seized, shall be sold on one day's notice, and the proceeds paid to the overseers of the poor, for the use of the poor of the town or city. 1883. SEC. 276. All processions and parades on Sunday in any city excepting only funeral processions and the actual burial of the dead and processions to and from the place of worship in connection with religious service there celebrated, are forbidden; and in such excepted cases there shall be no music, fireworks, discharge of cannon or firearms, or other disbursing noise.--A person wilfully violating any provisions of this section is punishable by a fine not exceeding twenty dollars, or imprisonment not exceeding ten days, or by both. 1895. Unlawful Dealing in Convict-made Goods.- 1. Sells or exposes for sale convict-made goods, wares or merchandise, without a license therefor, or having such license does not transmit to the secretary of state the statement required by article four of the labor law, or 2. Sells, offers for sale or has in his possession for sale any such convict-made goods, wares or merchandise without the brand, mark or label required by article four of the labor law; or 3. Removes or defaces or in any way alters such brand, mark or label, is guilty of misdemeanor, and upon conviction therefor shall be punished by a fine of not more than one thousand nor less than one hundred dollars, or by imprisonment for not less than ten days or by both such fine and imprisonment. 1897. Failure to furnish Statistics to [Commissioner of Labor].— SEC. 384f. Any person who refuses, when requested by the [commissioner of labor], 1. To admit him or a person authorized by him to a mine, factory, workshop, warehouse, elevator, foundry, machine shop or other manufacturing establishment; or 2. To furnish him with information relative to his duties which may be in such person's possession or under his control; or, 3. To answer questions put by such commissioner in a circular or otherwise, or shall knowingly answer such questions untruthfully, is guilty of a misdemeanor, and on conviction therefor shall be punished by a fine of not less than fifty nor more than two hundred dollars. 1897. Refusal to admit Inspector to Mines and Quarries; Failure to comply with Requirements of Inspector. SEC. 384g. A person, 1. Refusing to admit the [commissioner of labor], or |