Telegraph posts, piers, etc., unlawfully injuring, destroying, etc. (Vol. 2. R. S., p. 740, § 7.)

communications, willfully divulging contents, or refusing to deliver, etc. (Laws 1850, ch. 340, § 1; amended, Laws 1867, ch. 871, § 2, vol. 2, p. 2186.)

crossing waters, injuries to. (Laws 1845, ch. 243, § 1; 2 R. S., 696, § 48.) Theatres, admittance of minors under fourteen years, in New York city. (Laws 1859, ch. 48, p. 104.)

Trespassers on lands in villages and cities. (Laws 1857, ch. 396, § 1; 2 R. S., 697, § 59.)

Trade Marks and Labels-see "Frauds in," etc. (Laws 1862, ch. 306, p. 513.) Town clerks neglecting to return names of constables chosen. (1 R. S., 350, §§ 14, 15; 5th ed. R. S., vol. 1, p. 830.)

Usury. (2 R. S., 773, § 15; Laws 1837, ch. 430, § 6.)

Unlawful assembly. (Laws 1845, ch. 3, § 6; see disguised persons.)

Vessels, negligence in lading. (2 R. S., 694. § 26.)

mismanagement of steamboats. (Id., 695, § 27.)

attaching landing line to machinery of boat. (1 R. S., 685, § 13.)

captain of, or other person, neglecting to close dampers at certain places in Hudson river. (Laws 1839, ch. 112, §§ 1, 2.)

racing and creating an undue quantity of steam. (1 R. S., 686, § 32; Laws 1839, ch. 175, § 3.)

without license in Metropolitan Police District. (Laws 1866, ch. 475; Laws 1867, ch. 806, § 19, vol. 2, p. 1993.)

Weight marks, false on casks and packages. (Laws 1857, ch. 725.)

Wrecked property, officers detaining, &c. (1 R. S., 694, § 24.)

-, persons not delivering, &c. (Id., § 25.)

defacing marks on, and destroying bills of lading of, &c. (Id., § 26.)

violations of act concerning, by wreck masters, sheriffs, coroners, &c. (Id., § 24.)

Wild animals in public highways. (Laws 1862, ch. 112, p. 262.) Wolves, justice of peace giving false certificate in regard to destruction of. Warehousemen, wharfingers and others issuing false reeeipts and fraudulently transferring property, &c. (Laws 1858, ch. 326, p. 532; amended by Laws of 1859, ch. 353, p. 862; amended by Laws of 1866, ch. 440.)

Attempts to Commit Misdemeanors.-The attempt to commit a misdemeanor was indictable at common law.1

Our statute provides that every person who shall attempt to commit an offence prohibited by law, and, in such attempt, shall do any act towards the commission of such offence, but shall fail in the perpetration thereof, or shall be prevented or intercepted in executing the same, upon conviction thereof, in cases where no provision is made by law, are to be punished as provided by statute. The statute after providing for the punishment of attempts to commit offences, where the offence attempted to be

1 6 Car. & P., 368; Russ. & Ry., 107.

committed is punishable as a felony, declares that if the offence attempted to be committed be punishable in a county jail, the person convicted of such attempt, shall be punished by imprisonment in a county jail for a term not exceeding one-half the longest term of imprisonment prescribed upon a conviction for the offence so attempted.1 And if the offence so attempted be punishable by a fine, the offender convicted of such attempt, shall be liable to a fine not exceeding one-half of the largest amount which may be imposed upon a conviction of the offence so attempted, and if the offence so attempted be punishable by imprisonment and a fine, the offender convicted of such attempt, may be punished by both imprisonment and fine, not exceeding one-half of the longest term of imprisonment, and one-half of the greatest fine which may be imposed upon a conviction for the offence so attempted.2 Affray. An affray is the fighting of two or more persons in some public place, to the terror of the people. The word is derived from the French, and in that language signifies to terrify. HAWKINS says as an affray in a legal sense, is taken for a public offence, to the terror of the people, it seems clearly to follow that there may be an assault, which will not amount to an affray, as where it happens in a private place, out of the hearing or seeing of any except the parties concerned, in which case it cannot be said to be the terror of the people. An affray differs from a riot in this, that two person only may be guilty of it; whereas, at common law, three persons at least are necessary to constitute a riot. And there may be an affray which will not amount to a riot, though many persons be engaged in it, as if a number of persons being met together at a fair or market, or on any other lawful or innocent occasion, happen on a sudden quarrel to fall together by the ears, it seems agreed that they will not be guilty of a riot, but only of a sudden affray, of which none are guilty but those who are actually engaged in it, and this on the ground of the design of their meeting being innocent and lawful, and the subsequent breach of the peace happening unexpectedly and without any previous intention."

Arsenal, Taking Arms From.-Any person who shall hereafter be convicted of forcibly entering any arsenal, armory or arsenal yard, and of seizing, taking and carrying away any arms or ammunition belonging to this State, or of entering such arsenal, armory or arsenal yard, with the intention of seizing, taking and carrying away any arms or ammunition belonging to the people of this State, shall be deemed guilty of a misdemeanor and punished by a fine not exceeding one thousand dollars, or by imprisonment in the jail of the county where the conviction shall be had, for a term not exceeding one year, or both, in the discretion of the court before which such conviction shall be had.1

Auctioneers, Violation of Law by.-The statutes for the regulation of trade in certain cases, and concerning sales by auctioneers, are found in title one, chapter seventeen, of part one of the Revised Statutes, and at page 457 of vol. 1, 5th ed., R. S. By the act all sales at public auction in the city of New York, not under the authority of the United States, and all such sales in other parts of the State where duties are payable on the effects to be sold, shall be made by an auctioneer, who shall have given the security required by the statute, or by a copartner or clerk of an auctioneer duly authorized under the provisions of the statute; but where no duties are payable, all such sales, except in the city of New York, may be made by any citizen of the State. And by subsequent amendments, so much of the above section as applies to sales at public auction in the city of New York, was made applicable to the cities of Albany, Brooklyn and Troy.3

The statute then provides that, "Every person who shall sell or attempt to sell contrary to the provisions of the above section shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment, or both, in the discretion of the court by which he shall be tried, the fine in no case to exceed five hundred dollars, or the imprisonment three months."4

Auctioneers who are found guilty before any court of criminal jurisdiction in this State of fraudulent practices are forever thereafter disqualified from exercising the rights or pursuing the

1 2 R. S., 696, § 45; Laws 1834, ch. 281.

* 1 R. S., 530, § 6; 5th ed. R. S., vol. 2, p. 459.

'Laws 1831, ch, 316; Laws 1833, ch. 212; Laws 1837, ch. 297.

1 R. S., 530, § 10.

business of an auctioneer, and are to be deemed guilty of a misdemeanor, punishable by fine, not to exceed five hundred dollars, or by imprisonment, not to exceed one year, or by both such fine and imprisonment.1

Any person who shall act as auctioneer in selling any goods liable to auction duties without filing the bonds required by law, or who shall neglect to make or render the accounts, or to pay over the duties required by law, shall be deemed guilty of a misdemeanor, and punished by imprisonment not exceeding one year, or by fine, not exceeding one thousand dollars, or by both such fine and imprisonment.2

Every auctioneer who, during his term of office, shall accept an appointment as auctioneer from any other State, or who shall be concerned as principal or partner in selling any goods, wares, merchandise or effects, in any other State, by public auction, or who shall receive any reward, compensation or benefit, for or on account of any such sale, shall be deemed guilty of a misdemeanor, and on conviction shall forfeit his appointment and be incapable forever thereafter of acting as an auctioneer within this State.3

The statute further provides that auctioneers shall be guilty of a misdemeanor in having more than one house or store in any city of this State for holding an auction; also in selling certain articles at any other place than that designated in a writing to be signed by him as such house or store; also in advertising a sale for auction in any other manner than that prescribed by the statute; also in demanding or receiving a higher commission for sales than those prescribed by statute; also for selling certain articles in New York city and Albany other than in the day. time, between sunrise and sunset; and also in being guilty of any fraud or deceit in the execution of the laws applicable to auctioneers, or who shall, by any fraudulent means, seek to elude or defeat its operation.*

Auctioneers Neglecting to Report.-Every auctioneer who shall willfully neglect to make any report required to be made to the

Laws 1838, ch. 52, § 3; 1 R S., 531, § 21.

Laws 1846, ch. 62, § 8; 1 R. S., 531, § 28. 1 R. S., 531, § 29.

1 R. S., 531, § 30; Id., 532, §§ 31, 33-34-35-36-37; Id., 535, §§ 51-5253. Vide Minturn v. Main, 3 Seld., 220.

Comptroller of this State by the thirteenth article of the second title of the seventeenth chapter of the first part of the Revised Statutes, in addition to any pecuniary penalty imposed by law for any such neglect, shall, upon conviction, be adjudged guilty of a misdemeanor, and in addition to any other punishment prescribed by law, shall be subject to a fine not exceeding one thousand dollars.1

Adultery. This offence was not punishable by the English common law, and the Legislature of this State have not considered it a subject of criminal punishment.

Attorneys Guilty of Deceit and Collusion.-Any attorney, counsellor or solicitor, who shall be guilty of any deceit or collusion, with intent to deceive the court or any party, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by fine or imprisonment, or both, at the discretion of the court, and shall also forfeit to the party injured by his deceit or collusion treble damages, to be recovered in a civil action.2

Attempt to Extort.-Every person who shall verbally, or by written or printed communication, threaten to accuse another of any offence, with intent thereby to extort any property or any pecuniary benefit whatever, shall, upon conviction, be adjudged guilty of a misdemeanor.3 Extortion in a large sense, signifies any oppression under color of right; but in a more strict sense, signifies the unlawful taking by any officer, by color of his office, of any money or thing of value that is not due to him, or more than is due, or before it is due.4

Armories and Contents, Willful Injuries to.—Any person who shall willfully injure any armory or its contents, or any gun, sword, pistol or other property of the State therein deposited, shall be deemed guilty of a misdemeanor.5

Assault. An assault and also a battery are offences at common law; we have no statutes defining the crimes."

Mr. ARCHBOLD, in his treatise upon criminal procedure, defines a common assault to mean, an attempt or offer, with force and

12 R. S., 696, § 36.

2 R. S., 286, § 55.

2 R. S., 690, § 2.

4 Black. Com., 141; 1 Hawk. P. C., ch. 68, § 1; Peo. v. Whaley, 6 Cow 661.

• Laws 1862, ch. 477, § 130.

• Peo. v. Cohran, 2 John. Cas., 73.