The publication in a public journal of an article charging a member of corruption is not privileged. (Littlejohn v. Greeley, 13 Abb., 41.) (u) Communications. — Communications made to the board of directors of a charitable institution regarding an employe, if made in good faith and without malice, are privileged. (Halstead v. Nelson, 24 Hun, 395.) ( v ) Court must determine what is privileged. — In an action for libel it is for the court to determine whether the alleged libel was privileged or not; but the question of good faith, etc., is for the jury. (Hamilton v. Eno, 81 N. Y., 116.) To accuse one holding a public office of an offense is not privileged. (Id.) § 254. Threatening to publish libel. A person who threatens another with the publication of a libel, concerning the latter or concerning any parent, husband, wife, child or other member of the family of the latter, and a person who offers to prevent the publication of a libel upon another person upon condition of the payment of, or with intent to extort, money or other valuable consideration from any person, is guilty of a misdemeanor. 3 R. S., 969, § 2; 2 R. S. (Edm.), 712, § 2. TITLE X. OF CRIMES AGAINST THE PERSON AND AGAINST PUBLIO DECENCY AND GOOD MORALS. CHAPTER I. Crimes against religious liberty and conscience. II. Rape, abduction, carnal abuse of children and seduction. III. Abandonment and neglect of children. IV. Abortions and concealing death of infant. V. Bigamy, incest and the crime against nature. VI. Violating sepulture and the remains of the dead. VII. Indecent exposures, obscene exhibitions, books and prints and disorderly houses. VIII. Lotteries. IX. Gaming. X. Pawnbrokers. CHAPTER I. OF CRIMES AGAINST RELIGIOUS LIBERTY AND CONSCIENCE. SECTION 255. Profane swearing defined. 256. Punishment of profane swearing. 257. Summary conviction for profane swearing. 258. Penalties, how collected. 259. The Sabbath. 260. Sabbath breaking 261. Day defined. 262. Acts forbidden. 263. Sunday labor. 264. Persons observing another day as a Sabbath. 265. Public sports. 266. Trades, manufactures and mechanical employments. 267. Public traffic. 268. Serving process. 269. Punishment of Sabbath breaking. 270. Forfeiture of commodities exposed for sale. 271. Remedy for maliciously serving process. 272. Compelling adoption of a form of belief. 273. Preventing performance of religious acts. 275. Definition of the offense. 276. Processions and parades. 277. Theatrical and other performances. § 255. Repealed in 1882. § 256. Repealed in 1882. § 257. Repealed in 1882. § 258. Repealed in 1882. § 259. The Sabbath. 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. New. § 260. Sabbath breaking.-A violation of the foregoing prohibition is Sabbath breaking. New. - § 261. Day defined. Under the term "day," as employed in the phrase "first day of the week," when used in this chapter, is included all the time from midnight to midnight. New. (Pulling v. People, 8 Barb., 384; see, also, Vanderwerker ▾. People, 5 Wend., 530.) $262. Repealed in 1883. § 263. (Amended 1883.) Sunday labor.- 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. 2 R. S., 928, § 94; Laws 1871, p. 1533, ch. 702. Works of necessity are excepted by the statute. (Sun Pub. Co. v. Tribune Ass., 12 J. & Sp., 136; Morris v. State, 31 Ind., 189; State v. Goff, 20 Ark., 289; Parmalee v. Wilkes, 22 Barb., 539.) 264. Persons observing another day as a Sabbath.It is a sufficient defense to a prosecution for servile 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 upon 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. 2 R. S., 928, $ 84; Isaacs v. Beth Hemedash Soc., 1 Hilt., 469; Maxson v. Annas, 1 Den., 204. § 265. (Amended 1883.) Public sports. All shooting, hunting, fishing, playing, horse racing, gaming or other public sport, exercises or shows, upon the first day of the week, and all noise disturbing the peace of the day, are prohibited. 3 R. S., 928, § 84; 2 Laws 1871, p. 1672, ch. 721, § 15; 2 Laws 1867, p. 2312, ch. 909; Laws 1860, p. 999, ch. 501; 2 Laws 1872, p. 1433, ch. 590, § 3. The Laws of 1815 prohibited fishing in the Hudson on Sunday. (Sickels v. Sharp, 13 Johns., 497.) It is no defense to an action for a personal injury that the parties were at the time practicing an unlawful game on Sunday. (Etchberg v. Levielle, 2 Hilt., 40.) § 266. (Amended 1883.) 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. Id. § 267. (Amended 1883.) Public traffic. All manner of public selling or offering for sale of any property upon 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 in places other than where spirituous or malt liquors or wines are kept or offered for sale, and fruit, confectionery, newspapers, drugs, medicines, and surgical appliances may be sold in a quiet and orderly manner at any time of the day. 2 R. S., 929, § 85. A private contract made on Sunday is valid. (a) A private contract. (Boyton v. Paige, 13 Wend., 425.) A private contract for the sale of a span of horses made on Sunday, not void. (Batsford v. Every, 44 Barb., 618; Eberle v. Mehrbach, 55 N. Y., 682; Miller v. Roessler, 4 E. D. Smith, 234.) (b) Advertising. A contract for the publication of an advertisement held void under former statute (Smith v. Wilcox, 24 N. Y., 353), now permitted by the Laws of 1871, ch. 702. (c) Hiring a horse. A contract for the hiring of a horse to be used on Sunday for pleasure cannot be enforced. (Nodine v. Doherty, 36 Barb., 59.) But the hirer is liable to an action for negligence, though the contract was made on Sunday. (Harrison v. Marshall, 4 E. D. Smith, 271.) § 268. Serving process.-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. 2. R. S., 928, § 83. (a) Process cannot be legally issued or served on Sunday. (Van Vechten v. Paddock, 12 Johns., 178; Butler v. Kelsey, 15 Johns., 177.) › (b) Nor be made returnable.— Gould v. Spencer, 5 Paige, 541; Arctic F. Ins. Co. v. Hicks, 7 Abb., 204. When so served proceedings will be set aside. (Robb v. Moffatt, 3 Johns., 257.) (c) Admission of service.— A defendant cannot legally admit service of process on Sunday. (Wood v. Brooklyn, 14 Barb., 425.) An arrest cannot be made on Sunday for the violation of a municipal ordi. nance. (Wood v. Brooklyn, 14 Barb., 425.) Service of notice of motion on Sunday is irregular and void. (Field v. Park, 20 Johns., 140.) An award made and published on Sunday is void. (Story v. Elliott, 8 Cow., 27.) 269. Punishment of Sabbath breaking.-Sabbath breaking is a misdemeanor, punishable by a fine not less than one dollar and not more than ten dollars, or by imprisonment in a county jail not exceeding five days, or by both. Laws 1872, ch. 590, § 4. § 270. (Amended 1883.) Forfeiture of commodities exposed for sale. — In addition to the penalty imposed by the last section, all property and commodities exposed for sale on the |