30; Rex v. Morris, 1 Barn. & Ad., 441; Reg. v. Botfield, 1 Carr. & M., 151; Rex v. Smith, 4 Esp., 109; Rex v. Canfield, 6 Esp., 136; Rex v. Sarmon, 1 Burr., 516; Rex v. Cross, 3 Camp., 224; Rex v. Russel, 6 East., 427; 2 Smith, 424; Rex v. Jones, 3 Camp., 230; Rex v. Carlile, 6 Carr. & P., 637; Rex v. Gregory, 2 Nev. & M., 478; 5 Barn. & Ad., 555; Reg. v. Scott, 2 Gale & D., 729; 3 Ad. &. E. (N. S.), 543; 3 Railw. Cas., 187; Reg. v. Betts, 22 Eng. L. & Eq., 240; People v. Lawson, 17 Johns., 276; People v. Cunningham, 1 Den., 524; Renwick v. Morris, 7 Hill, 575; Harlon v. Humiston, 6 Cow., 189; Lansing v. Smith, 8 Id., 146; Dygert v. Schenck, 23 Wend., 446; Drake v. Rogers, 3 Hill, 604; People v. Lambier, 5 Den., 9; Moshier v. Utica & Schenectady R. R. Co., 8 Barb., 427; Hart v. Mayor, &c., of Albany, 9 Wend., 571; Hecker v. N. Y. Balance Dry Dock Co., 13 How. Pr., 549; and see Same v. Same, 24 Barb., 215; Peckham v. Henderson, 27 Barb., 207; People v. Vanderbilt, 24 How. Pr., 301; Wetmore v. Atlantic White Lead Co., 37 Barb., 70; Commonwealth v. Wright, Thach. Cr. Cas., 211; Commonwealth v. Gowen, 7 Mass., 378; State v. Spainhour, 2 Dev. & B., 547; Commonwealth v. Tucker, 2 Pick., 44; Commonwealth v. Webb, 6 Rand., 726; State v. Godfrey, 3 Fuirf., 361; Commonwealth v. Ruggles, 10 Mass., 391; State v. Mobley, 1 McMullan, 44; State v. Brown, 16 Conn., 54: Elkins v. State, 2 Humph., 543; Simpson v. State, 10 Yerg., 525; State v. Miskimmons, 2 Curter, 440; Commonwealth v. Rush, 14 Penn. St., 186; State v. Morris & Essex R. R. Co., 3 Zabr., 360; Commonwealth v. Bowman, 3 Burr, 202; Commonwealth v. Milliman, 13 Serg. & R., 403; Commonwealth v. Chapin, 5 Pick., 199; State v. Hunter, 5 Ired., 369; State v. Commissioners, 3 Hill (So. Car.), 149; State v. Yarrell, 12 Ired., 130; State v. Duncan, 1 Mc Cord, 404; State v. Thompson, 2 Strobh., 12; Commonwealth v. Elburger, 1 Whart., 469; State v. Atkinson, 24 Vt., 448; Newark Plankroad Co. v. Elmer, 1 Strockt., 754; Attorney General v. Hudson River R. R. Co., Id., 526; Works v. Junction R. R. Co., 5 McLean, 425; State v. Phipps, 4 Ind., 515; State v. Freeport, 43 Me., 193.

Subd. 4. Rex v. White, Burr., 333; Rex v. Smith, Stra., 703; White v. Cohen, 19 Eng. L. & Eq., 146; Catlin v. Valentine, 9 Paige, 575; Brady v. Weeks, 3 Barb., 157; Prescott's case, 2 City Hall Rec., 161; Prout's case, 4 Id., 481; Lynch's case, 6 Id., 61; People v. Townsend, 3 Hill, 479: Hackney v. State, 8 Ind., 494; State v Wetherall, 5 Harring., 487; 3 Blackst. Comm., 216; Bell's Sc. Law Dict., tit. Nuisance.

The following are intended to be excluded from the definition, because they have been decided not to be

nuisances, upon grounds deemed to be sufficient by the Commissioners:

Exercising banking privileges without authority. Attorney General v. Bank of Niagara, Hopk., 354.

An immigrant depot, if not kept in an improper manner. Phoenix v. Commissioners of Emigration, 1 Abbott's Pr., 466.

A person sick of a contagious disease, if not needlessly exposed so as to endanger the public. Boom v. City of Utica, 2 Barb., 104.

Several offenses which in this Code are made the subject of specific provisions have been held indictable under the common law definition of nuisance.

See as to throwing gas tar into public streams. Rex v. Meadley, 6 Carr. & P., 292.

As to obstructing railways. Reg. v. Holroyd, 2 M. & Rob., 339.

As to keeping gunpowder. Rex v. Taylor, 2 Stra., 1167 • People v. Sands, 1 Johns., 78; Myers v. Malcolm, 6 Hill

292.

As to establishments for gaming and other useless sports. Tanner v. Trustees of Albion, 5 Hill, 121; Updike v. Campbell, 4 E. D. Smith, 570; State v. Doon, R. M. Charlt., 1; State v. Haines, 30 Maine, 65.

As to other disorderly houses. Smith v. Commonwealth, 6 B. Monr., 21; Bloombuff v. State, 8 Blackf., 205; State v. Bailey, 1 Fust., 343; Rex v. Williams, 1 Salk., 384; Hackney v. State, 8 Ind., 494.

As to dangerous driving through public streets. U. S. v. Hart, Pet. C. C., 390.

As to exposure of the person. Reg. v. Webb, 1 Den. C. C. R., 338; 13 Jur., 42; 18 Law J. (M. C.), 39.

As to digging up or injuring highways. Reg. v. Sheffield Gas Consumers' Co., 22 Eng. L. & Eq., 200; State v. Peckhard, 5 Harring., 500.

As to neglect to keep ferry in repair. State v. Willis, Busb., 223.

As to profane swearing. State v. Graham, 134.

Sneed.,

Consult, also, upon other branches of the criminal law relative to what are nuisances, the following: Rex v. Wigg, 1 Ld. Raym., 737; Rex v. Village of Hornsey, 1 Ro., 406; Anon., 12 Mod., 342; Rex v. Record, 2 Show., 216; Rex v. Duuraven, W. W. & D., 577; Rex v. Cross, 2 Carr. & P., 483; Rex v. Neville, Peake, 93; Rex v. Watts, Mood. & M., 281; Wetmore v. Tracy, 14 Wend., 250; Harris v. Thompson, 9 Barb., 350; Plant v. Long Island R. R. Co., 10 Id., 26; Leigh v. Westervelt, 2 Duer, 618; Williams v. N. Y. Central R. R. Co., 18 Barb., 222; Lynch's case, 6 City Hall Rec., 61; Dygert v. Schenck, 23 Wend., 446; People v. Cunningham, 1 Den., 424; Renwick v. Morris, 7 Hill, 575; Peckham v. Henderson,

Unequal damage.

Maintain

ing a nui

demeanor.

27 Barb., 207; State v. Commissioners, Riley, 146; Ellis v. State, 7 Blackf., 534; Works v. Junction Railroad, 5 McLean, 425; Douglass v. State, 4 Wisc., 387; Commonwealth v. Upton, 6 Gray, 473.

S 431. An act which affects a considerable number of persons, in either of the ways specified in the last section, is not less a nuisance because the extent of the damage is unequal.

Embodies a part of section 1572 of the Draft Civil Code; the words "a considerable number of persons" being substituted for "the whole community or neighborhood," to avoid uncertainty. It may be doubtful in some cases, whether the persons affected by an obstruction in a navigable stream, for instance, form what can be called a neighborhood.

S432. Every person who maintains or commits sance a mis- any public nuisance, the punishment for which is not otherwise prescribed, or who willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a misdemeanor.

gunpowder

Keeping S433. Every person who makes or keeps gunpowunlawfully. der or saltpeter within any city or village, and every

Throwing gas tar into public waters.

person who carries gunpowder through the streets thereof, in any quantity or manner such as is prohibited by law, or by any ordinance of such city or village, is guilty of a misdemeanor.

See Laws of 1846, ch. 291, § 19. It is not intended to confine this provision to cases in which an explosion occurs. Keeping powder in violation of law should be punishable, irrespective of any mischief in the particular case.

S434. Every person who throws or deposits any gas tar, or refuse of any gas house or factory, or any offal, refuse, or other noxious or poisonous ingredients, into any public waters, river or stream, or into any sewer or stream running or emptying into any such public waters, river or stream, is guilty of a misde

meanor.

Founded upon Laws of 1845, ch. 201. That act applies only to the counties of New York, Kings and Queens.

In view of the extension of gas manufactories to almost
all towns of considerable size throughout the state, the
Commissioners think the provision should be made
general.

Violations of quaran

§ 435. Every master of a vessel subject to quarantine or visitation by the health officer, arriving in tine laws the port of New York, who refuses or omits, either:

1. To proceed with and anchor his vessel at the place assigned for quarantine, at the time of his arrival; or,

2. To submit his vessel, cargo and passengers, to the examination of the health officer, and to furnish all necessary information to enable that officer to determine to what length of quarantine and other regulations they ought respectively to be subject;

or,

3. To remain with his vessel at quarantine during the period assigned for her quarantine, and while at quarantine to comply with the directions and regulations prescribed by law, and with such as any of the officers of health, by virtue of the authority given to them by law, shall prescribe in relation to his vessel, his cargo, himself, his passengers or crew, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars, or both.

Laws of 1856, ch. 147, § 28.

by master

of vessel.

$436. Every master of a vessel hailed by a pilot Giving who, either:

1. Gives false information to such pilot, relative to the condition of his vessel, crew or passengers, or the health of the place or places from whence he came, or refuses to give such information as shall be lawfully required; or,

2. Lands any person from his vessel, or permits any person, except a pilot, to come on board of his vessel, or unlades or tranships any portion of his cargo before his vessel has been visited and examined by the health officers; or,

false information relative to vessel, or

permitting

persons to

land before health offi

Visit of

cers.

Landing

from vessel

of health

officers.

3. Approaches with his vessel nearer the city of New York than the place of quarantine to which he may be directed, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars, or both.

Laws of 1856, ch. 147, § 29.

S437. Every person who, being on board any ves

before visit sel at the time of her arrival at the port of New York, lands from such vessel, or unlades, or tranships, or assists in unlading or transhipping any portion of her cargo, before such vessel has been visited and examined by the health officers, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars, or both.

Going on board ves

sel at quar

See Laws of 1856, ch. 147, § 29.

S438. Every person who goes on board of or has any communication, intercourse or dealing with any grounds, or vessel at quarantine, or with any of the crew or pasquarantine sengers of such vessel, without the permission of the

antine

entering

grounds without leave.

Violating quarantine

health officer, and every person who, without such authority enters the quarantine grounds or anchorage, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars, or both; and in addition thereto he may be detained at quarantine so long as the health officers shall direct, not exceeding twenty days. And in case such person shall be taken sick of any infectious, contagious or pestilential disease, during such twenty days, he may be detained for such further time at the marine hospital, as the health officer shall direct. Laws of 1856, ch. 147, § 32.

S439. Every person who, having been lawfully regulations ordered by any health officer to be detained in quarantine, and not having been discharged, leaves the quarantine grounds or anchorage, or willfully violates any quarantine law or regulation, is guilty of a misdemeanor.

See Laws of 1856, ch. 147, § 13.