§ 142. Officer refusing to receive or arrest parties charged with crime. Every sheriff, coroner, keeper of a jail, constable, or other peace-officer, who willfully refuses to receive or arrest any person charged with a criminal offense, is punishable by fine not exceeding five thousand dollars, and imprisonment in the county jail not exceeding five years.

Legislation § 142. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 241, § 100, which read: “§ 100. If any sheriff, coroner, keeper of a jail, constable, or other officer, shall willfully refuse to receive or arrest any person charged with a criminal offense, such sheriff, coroner, jailer, constable, or other officer so offending, shall, on conviction, be fined in any sum not exceeding five thousand dollars, and imprisoned in the county jail not exceeding five years."

§ 143. Public administrator, neglect of duty or violation of duty by. Every person holding the office of public administrator, who willfully refuses or neglects to perform the duties thereof, or who violates any provision of law relating to his duties or the duties of his office, for which some other punishment is not prescribed, is punishable by fine not exceeding five thousand dollars, or imprisonment in the county jail not exceeding two years, or both.

Legislation § 143. Enacted February 14, 1872; based on Probate Act, Stats. 1851, p. 488, § 303, which read: "§ 303. For any willful misdemeanor in office, the public administrator may be indicted and fined in any sum not exceeding two thousand dollars, and removed from office."

§ 144. Receiving fee or compensation for services rendered in arresting fugitives from justice. Every person who violates any of the provisions of section fifteen hundred and fifty-eight is guilty of a misdemeanor.

"Provisions of § 1558." The section referred to relates to fees or compensation allowed persons for pursuing and securing the extradition of fugitives from justice.

Legislation § 144. Enacted February 14, 1872.

§ 145. Delaying to take person arrested before a magistrate. Every public officer or other person, having arrested any person upon a criminal charge, who willfully delays to take such person before a magistrate having jurisdiction, to take his examination, is guilty of a misdemeanor.

Delay in taking defendant before magistrate: See post, § 825. Legislation § 145. Enacted February 14, 1872; based on Field's Draft, § 174, N. Y. Pen. Code, § 118.

§ 146. Making arrests, etc., without lawful authority. Every public officer, or person pretending to be a public officer, who, under the pretense or color of any process or

other legal authority, 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 or other lawful authority therefor, is guilty of a misdemeanor.

Legislation § 146. Enacted February 14, 1872; identical with Field's Draft, § 175, N. Y. Pen. Code, § 119.

§ 147. Inhumanity to prisoners. Every officer who is guilty of willful inhumanity or oppression toward any prisoner under his care or in his custody, is punishable by fine not exceeding two thousand dollars, and by removal from office.

Legislation § 147. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 240, § 88, which read: "§ 88. Every sheriff or jailer who shall be guilty of willful inhumanity or oppression to any prisoner under his care or custody, shall be fined in any sum not exceeding two thousand dollars, and be removed from office."

§ 148. Resisting public officers in the discharge of their duties. Every person who willfully resists, delays, or obstructs any public officer, in the discharge or attempt to discharge any duty of his office, when no other punishment is prescribed, is punishable by fine not exceeding five thousand dollars, and imprisonment in the county jail not exceeding five years.

Resisting officers: Ante, § 69.

Legislation § 148. Enacted February 14, 1872; based on Field's Draft, § 180, N. Y. Pen. Code, § 124; also based on Crimes and Punishment Act, Stats. 1850, p. 240, § 92, which read: "§ 92. If any person shall knowingly and willfully obstruct, resist, or oppose any sheriff, deputy sheriff, coroner, constable, marshal, policeman, or other officer of this state, or other person duly authorized, in serv ing, or attempting to serve, any lawful process or order of any court, judge, or justice of the peace, or any other legal process .whatsoever, or shall assault or beat any such officer or person duly authorized in serving, or executing, or attempting to serve or execute any order or process as aforesaid, or for having served, or executed, or attempted to serve or execute the same, every person so offending shall be fined in any sum not exceeding five thousand dollars, and imprisoned in the county jail for a term not exceeding five years; Provided, any officer or person whatsoever that may or shall assault or beat any individual, under color of his commission or authority, without lawful necessity so to do, shall, on conviction, suffer the same punishment." Crimes and Punishment Act, § 92, as amended by Stats. 1860, p. 125, § 1, read: "§ 92. If any person shall, knowingly and willfully, obstruct, resist, or oppose, any sheriff, deputy sheriff, coroner, constable, marshal, policeman, or other officer of this state, or other person duly authorized, in serving or attempting to serve any law process or order of any court, judge, or justice of the peace, or any other legal process whatever, or in making or attempting to make any arrests or shall as

sault or beat any such officer or person duly authorized, in serving or executing, or attempting to serve or execute any order or process, or to make any such arrests aforesaid, or for having served or executed, or attempted to serve and execute the same, or for having made or attempted to make such arrest, every person so offending shall be fined in any sum not exceeding five thousand dollars, and imprisoned in the county jail for a term not exceeding five years; provided, any officer or person whatsoever, who may or shall assault or beat any individual, under color of his commission or authority, without lawful necessity so to do, shall, on conviction, suffer the same punishment."

§ 149. Assaults, etc., by officers, under color of authority. Every public officer who, under color of authority, without lawful necessity, assaults or beats any person, is punishable by fine not exceeding five thousand dollars, and imprisonment in the county jail not exceeding five years.

Legislation § 149. Enacted February 14, 1872; based on Crimes and Punishment Act, § 92, as amended by Stats. 1860, p. 125, § 1, q. v., ante, Legislation § 148.

§ 150. Refusing to aid officers in arrest, etc. Every male person above eighteen years of age who neglects or refuses to join the posse comitatus or power of the county, by neglecting or refusing to aid and assist in taking or arresting any person against whom there may be issued any process, or by neglecting to aid and assist in retaking any person who, after being arrested or confined, may have escaped from such arrest or imprisonment, or by neglecting or refusing to aid and assist in preventing any breach of the peace, or the commission of any criminal offense, being thereto lawfully required by any sheriff, deputy sheriff, coroner, constable, judge, or justice of the peace, or other officer concerned in the administration of justice, is punishable by fine of not less than fifty nor more than one thousand dollars.

Act to authorize supervisors to pay expenses of posse comitatus: See post, Appendix, tit. "Supervisors."

Legislation § 150. Enacted February 14, 1872; based on Field's Draft, § 177, N. Y. Pen. Code, § 121; also based on Crimes and Punishment Act, Stats. 1850, p. 245, § 128, which read: "§ 128. Every male person above eighteen years of age who shall neglect or refuse to join the posse comitatus or power of the county, by neglecting or refusing to aid and assist in taking or arresting any person or persons against whom there may be issued any process, or by neglecting to aid and assist in retaking any person or persons who, after being arrested or confined, may have escaped from such arrest or imprisonment, or by neglecting or refusing to aid and assist in preventing any breach of the peace, or the commission of any crimi nal offense, being thereto lawfully required by any sheriff, deputy sheriff, coroner, constable, judge, or justice of the peace, or other officer concerned in the administration of justice, shall, upon con

viction, be fined in any sum not less than fifty nor more than one thousand dollars."

§ 151. Taking extrajudicial oaths. [Repealed 1874; Code Amdts. 1873-74, p. 425.]

Legislation § 151. 1. Enacted February 14, 1872.

2. Repealed by Code Amdts. 1873-74, p. 425.

§ 152. Administering extrajudicial oaths. [Repealed 1874; Code Amdts. 1873-74, p. 425.]

Legislation § 152. 1. Enacted February 14, 1872.

2. Repealed by Code Amdts. 1873-74, p. 425.

§ 153. Compounding crimes. Every person who, having knowledge of the actual commission of a crime, takes money or property of another, or any gratuity or reward, or any engagement, or promise thereof, upon any agreement or understanding to compound or conceal such crime, or to abstain from any prosecution thereof, or to withhold any evidence thereof, except in the cases provided for by law, in which crimes may be compromised by leave of court, is punishable as follows:

1. By imprisonment in the state prison not exceeding five years, or in a county jail not exceeding one year, where the crime was punishable by death or imprisonment in the state prison for life;

2. By imprisonment in the state prison not exceeding three years, or in the county jail not exceeding six months, where the crime was punishable by imprisonment in the state prison for any other term than for life;

3. By imprisonment in the county jail not exceeding six months, or by fine not exceeding five hundred dollars, where the crime was a misdemeanor.

Compromising certain offenses: Post, §§ 1377-1379.

Legislation § 153. Enacted February 14, 1872; based on Field's Draft, § 183, N. Y. Pen. Code, § 125; also based on Crimes and Punishment Act, Stats. 1850, p. 241, § 101, which read: "§ 101. Every person having a knowledge of the actual commission of any offense punishable by imprisonment in a county jail, or by fine, or of any misdemeanor or violation of any statute for which any pecuniary or other penalty is or shall be prescribed, who shall take any money, property, gratuity, or reward, or any engagement or promise therefor, upon any agreement or understanding, express or implied, to compound or conceal any such offense or misdemeanor, or to abstain from any prosecution therefor, or to withhold any evidence thereof, shall, upon conviction, be fined in any sum not exceeding five hundred dollars, or imprisoned in the county jail not more than six months: Provided, that this section shall not apply to those offenses which may lawfully be compromised by leave of court"; also based on Crim. Prac. Act, Stats. 1851, p. 240, § 257, which read: "§ 257. A person may be indicted for having, with the knowledge of the

commission of a public offense, taken money or property of another, or a gratuity or a reward or an agreement or understanding express or implied to compound or conceal the offense, or to abstain from a prosecution therefor, or to withhold any evidence thereof, though the persons guilty of the original offense have not been indicted or tried." The code commissioners say: "This section was complied from § 101 of the Crimes and Punishment Act, and § 257 of the Criminal Practice Act (Stats. 1850, p. 229; Stats. 1851, p. 212), with the punishment graded in proportion to the enormity of the offense compounded. The language is nearly that of the New York Penal Code [Field's Draft], § 183."

§ 154. Debtor fraudulently concealing his property. Every debtor who fraudulently removes his property or effects out of this state, or fraudulently sells, conveys, assigns, or conceals his property, with intent to defraud, hinder, or delay his creditors of their rights, claims, or demands, is punishable by imprisonment in the county jail not exceeding one year, or by fine not exceeding five thousand dollars, or by both.

Fraudulent acts to defraud creditors: See post, §§ 155, 531.

Legislation § 154. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 246, § 134, which read: "§ 134. If any debtor shall fraudulently remove his property or effects out of this state, or shall fraudulently sell, convey, or assign, or conceal his property or effects, with intent to defraud, hinder, or delay his creditors of their just rights, claims, or demands, he shall, on conviction, be punished by imprisonment in the county jail for any term not exceeding one year, or by fine not exceeding five thousand dollars, or by both such fine and imprisonment."

§ 155. Defendant fraudulently concealing his property. Every person against whom an action is pending, or against. whom a judgment has been rendered for the recovery of any personal property, who fraudulently conceals, sells, or disposes of such property, with intent to hinder, delay, or defraud the person bringing such action or recovering such judgment, or with such intent removes such property beyond the limits of the county in which it may be at the time of the commencement of such action or the rendering of such judgment, is punishable as provided in the preceding section.

Fraudulent acts to defraud creditors: See ante, § 154; post, § 531. Legislation § 155. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 246, § 135, which read: “Any person against whom an action is pending, or against whom a judg ment has been rendered for the recovery of any personal property or effects, who shall fraudulently conceal, sell, or dispose of such property or effects, with intent to hinder, delay, or defraud the person bringing such action or recovering such judgment, or shall with such intent remove such property or effects beyond the limits of the county in which it may be at the time of the commencement of such action or the rendering of such judgment, shall, on conviction, be punished as provided in the next preceding section."