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it is addressed; and every person who without the like authority publishes any letter, knowing it to have been opened in violation of this section or any part, is guilty of a misdemeanor.

Disclosing contents of

dispatch.

S 718. Every person who discloses the contents of any telegraphic dispatch, or any part thereof, ad- telegraphic dressed to another person, without the permission of such person, to his loss, injury or disgrace, is guilty of a misdemeanor.

telegraphic

$719. Every person who, having in his possession Concealing any telegraphic dispatch addressed to another, mali- dispatch. ciously secretes, conceals or suppresses the same, is guilty of a misdemeanor.

$720. Every person who willfully injures, disfigures or destroys, not being the owner thereof, any monument, work of art, or useful or ornamental improvement, within the limits of any village, town or city, or any shade tree or ornamental plant growing therein, whether situated upon private ground, or on any street, sidewalk or public park or place, is guilty of a misdemeanor.

See Laws of 1853, ch. 573. Laws of 1860, ch.
98, § 3.

S721. Every person who maliciously cuts, tears, defaces, disfigures, soils, obliterates, breaks or destroys any book, map, chart, picture, engraving, statue, coin, model, apparatus, specimen or other work of literature or art, or object of curiosity deposited in any public library, gallery, museum, collection, fair or exhibition, is punishable by imprisonment in a state prison for not exceeding three years, or in a county jail not exceeding one year.

works of art

Injuring or impro a city or any village.

Destroying

works of literature

or art, or curiosity in

objects of

public libra

ries, muse

ums, &c.

or obstruct

$ 722. Every person who willfully breaks, digs up Breaking or obstructs, any pipe or main for conducting gas or ing gas water, or any works erected for supplying buildings pipes or with gas or water, or any appurtenances or appen- nances.

or water

appurte

dages therewith connected, is punishable by imprisonment in a state prison not exceeding three years, or in a county jail not exceeding one year.

See Laws of 1860, ch. 172, § 7.

Commissioner of excise

granting license wrongfully.

Selling liquor to Indians.

Being in

toxicated in public

places.

TITLE XVII.

OF MISCELLANEOUS CRIMES.

SECTION 723. Commissioner of excise granting license wrongfully.
724. Selling liquor to Indians.

725. Being intoxicated in public places.
726. Selling liquor to habitual drunkards.

727. Selling liquor to paupers.

728. Selling liquor upon Sundays.

729. Violation of laws relative to navigation.

730. Attorneys forbidden to defend criminal prosecutions carried

on by their partners, or formerly by themselves.

731. Fraudulently presenting bills or claims to public officers for

payment.

732. Attorneys may defend themselves.

733. Intimidating laborers.

734. Intimidating employers.

735. Voting unlawfully at an annual town meeting.

736. Acts not expressly forbidden.

S723. Every commissioner of excise who concurs in granting any license to sell strong or spirituous liquors, or wines, contrary to the provisions of Chapter II of Title IV of Part III of the Political Code, is guilty of a misdemeanor.

See Rep. Pol. Code, § 792.

S 724. Every person who sells or gives away any strong or spirituous liquor, or wine, to any Indian in this state, is guilty of a misdemeanor.

See Rep. Pol. Code, § 797.

$ 725. Every person being intoxicated in any public place, is punishable, upon conviction, in the manner specified in section 799 of the Political Code, by a fine of ten dollars and costs of the proceedings at the

same rate as in courts of special sessions, and by imprisonment in the county jail, workhouse or penitentiary until such fine is paid, not, however, exceeding ten days.

See Rep. Pol. Code, § 799.

§ 726. Every person guilty of selling any strong or spirituous liquor, or wine, to any person guilty of habitual drunkenness, or to any person to whom the seller has been requested by the parent, guardian, husband or wife of such person not to sell any strong or spirituous liquor, or wine, is punishable by a fine not exceeding fifty dollars and not less than twenty, for each offense; and in addition thereto he forfeits any license he may have received to sell strong or spirituous liquors, or wines, and is forever after incapable of receiving such license.

See Rep. Pol. Code, § 801.

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liquor to

S727. Every person who sells or gives to any per- Selling son, knowing him to be a pauper or inmate of any paupers. poor house or alms house, any strong or spirituous liquor, or wine, without authority from the superintendent or physician of such poor house or alms house, is punishable by a fine of twenty-five dollars.

Rep. Pol. Code, § 802.

liquor upon

S728. Every innkeeper, or person licensed to sell Selling liquors, who sells or gives away any strong or spirit- Sundays. uous liquor, or wine, upon Sunday, or upon any election day, in violation of section 803 of the Political Code, is guilty of a misdemeanor.

See Rep. Pol. Code, § 803.

$729. Every master or other person engaged in navigating any steamboat, who violates any of the provisions of sections 268, 269, 270, 271, 272, 273, 274, 275 or 282 of the Political Code, is guilty of a misdemeanor; and in addition to the punishment prescribed therefor, is liable to a penalty of two hundred and fifty dollars.

Violation of tive to navi

laws rela

gation.

Attorneys forbidden to defend criminal prosecu tions car

ried on by their part

ners or

formerly by

See Rep. Pol. Code, §§ 276, 283. Sections 285 is not included in the above enumeration of sections, for the reason that its provisions are substantially embraced in other provisions of this Code.

S730. Every attorney who directly or indirectly advises in relation to, or aids or promotes the defense of any action or proceeding in any court, the prosecution of which is carried on, aided or promoted by themselves. any person as district attorney or other public prosecutor, with whom such person is directly or indirectly connected as a partner; or who, having himself prosecuted or in any manner aided or promoted any action or proceeding in any court, as district attorney or other public prosecutor, afterwards directly or indirectly advises in relation to, or takes any part in, the defense thereof, as attorney or otherwise; or who takes or receives any valuable consideration from or on behalf of any defendant in any such action, upon any understanding or agreement whatever, express or implied, having relation to the defense thereof, is guilty of a misdemeanor; and in addition to the punishment prescribed therefor, he forfeits his license to practice.

Attorneys may defend themselves.

Fraudulent

ly present

claims to

public off

cers for payment.

This section and the next are founded on the provisions of Laws of 1846, ch. 120. The verbal changes made are chiefly to secure greater conciseness of expression.

S731. The last section does not prohibit an attorney from defending himself in person, as attorney or as counsel, when prosecuted either civilly or criminally.

S732. Every person who, with intent to defraud, ing bills or presents for allowance or for payment to any state board or officer, or to any county, town, city, ward or village board or officer, who would be authorized to allow or pay the same, if genuine, any false or fraudulent claim, bill, account, voucher or writing, is guilty of felony.

The latter part of the section is founded upon the act of Congress of March 3, 1823, under which Kohustamm was lately convicted. See also act of March 2, 1863. Some such provision is rendered necessary by practices unhappily too notorious to need to be specified.

dating laborers or

$733. Every person who, by any use of force, Intimi threats or intimidation, prevents or endeavors to pre-employers. vent any hired foreman, journeyman, apprentice, workman, laborer, servant or other person employed by another, from continuing or performing his work, or from accepting any new work or employment, or in like manner endeavors to induce such hired person to relinquish his work or employment, or to return any work he has in hand, before it is finished; and every person who, by any use of force, threats or intimidation, prevents or endeavors to prevent another from employing any person, or, in like manner, endeavors to compel another to employ any person, or to force or induce another to alter his mode of carrying on business, or to limit or increase the number of his hired foremen, journeymen, apprentices, workmen, laborers, servants or other persons employed by him, or their rate of wages or time of service, is guilty of a misdemeanor.

See Stat., 6 Geo. IV., ch. 129, § 3. As to what constitutes a "threat," within such a provision, see O'Neill v. Layman, 11 Weekly R., 947: 8 Law T. (N. S.), 657. It is there held that under the English statute already cited, it is not necessary to show a threat of actual violence; but a threat to follow out an unlawful purpose is sufficient. Thus where L., being at the time in the employ of K., was summoned to attend a meeting of a club to which he belonged, and was asked by the chairman, "whether he intended to continue an honorable member of the club and leave K.'s employ, or remain where he was and be despised by the club, and have his name sent round all over the country, and be put to all sorts of unpleasantness;" it was held that this was a threat within the statute.

$ 734. Every person who votes at any annual town meeting, in a town in which he does not reside, or

Voting unannual

lawfully at

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