CHAP. I. CHAP. 37. AN ACT to prevent and punish prize fighting. PASSED March 7, 1859; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: be arrested gaged in $1. Every person who shall, in this state, set on foot, insti- Persons to gate, promote, aid, abet or encourage, or do any act towards when enthe furtherance of any premeditated contention or fight, ights, &c. between two persons, commonly called ring or prize fights, to be engaged in either within or without this state; and every person who shall, in this state, send, in writing, or publish any challenge, or an acceptance of any challenge for such contention or fights; and every person who shall in this state train or assist any person in training for any such contention or fight, and every inhabitant of this state who shall go out of this state to engage or take part in, or to be present at such contention or fight, shall be guilty of a misdemeanor, and upon conviction shall be punished by imprisonment for not less than six months, nor longer than one year; or, by fine, not less than two hundred dollars, nor more than one thousand dollars, or by both fine and imprisonment. be issued §2. If it shall be made to appear to any magistrate having Warrant to power to hear complaints in criminal cases, that there is rea- and examisonable ground to apprehend that an offense within any of be bed. the specifications of the preceding section is about to be committed, such magistrate shall issue his warrant to the sheriff or constable in the county of such magistrate's residence, for the arrest of the person or persons so about to offend; and upon such person being brought before him, such magistrate shall inquire into the matter, and if it shall appear that there is reasonable ground to apprehend that such person was about to commit any offense specified in the preceding section, he shall require such person to enter into a bond to the people of the state of New York, in such sum not exceeding one thousand dollars, as such magistrate shall fix, that such person will not for the space of one year offend against any of the provisions of this act; such bond may, in the discretion of the magistrate, be required to be with sureties, to be approved of by such magistrate, or may be taken without surety. If such person shall omit or refuse to enter into such bond, Penalty. the magistrate shall commit such person to the county jail, there to remain until discharged by a court of record having criminal jurisdiction. $3. Any person committed, under the last section, to the county jail, may at any time, upon habeas corpus, be discharged from his imprisonment, by executing the bond directed by the committing magistrate; if such bond was required to PART IV. Duties of sheriffs, &c. be with surety, the officer taking the same shall approve of the surety. S4. It shall be the duty of all sheriffs, constables, policeconstables, men and watchmen who shall have reasonable grounds to believe that any offense specified in the first section of this act is about to be committed within their jurisdiction, to make complaint under the provisions of this act, to some magistrate within their jurisdiction, and if any sheriff, constable, policeman or watchman shall willfully neglect his duty in this respect, he shall be, upon conviction, deemed guilty of a misdemeanor, and shall also forfeit his office. Who may be compelled to testify as S6. Every person offending against either or any of the provisions of section one of this act shall be a competent witwitnesses. ness against any other person offending in the same transaction, and may be compelled to appear and give evidence before any grand jury, or in any court, in the same manner and to the same extent as other persons; and no person examined as a witness shall be excused from answering any question on the ground that his answer will tend to convict him of an offense under this act; but his answers or evidence shall not be used against him in any proceeding or prosecution whatever, and he shall not be liable to punishment or indictment for the offense respecting which he is required to testify. As amended by Laws of 1860, eh. 141. Arms, &c. may be loaned in certain савев. Guard to protect jail CHAPTER II. Proceedings in Criminal Cases. CHAP. 69. AN ACT to enforce the laws and preserve order. PASSED April 15, 1845. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. The commander-in-chief may, on the application of any sheriff, deputy sheriff, or district attorney, or either of them, or of the mayor or recorder of any city, or of the commander of any uniform company, loan to such officer, or to any military company, or to any number of citizens, or to any city, village, or town, any number of stands of arms and military equipage from any of the arsenals or military stores of this state, which he shall deem proper, and for such time and on such terms and conditions and security as he shall deem proper. $2. On the application of the sheriff, under sheriff, or dismized trict attorney of any county of this state, with the assent of a ganized. majority of the judges of the county courts of such county, the governor may, if in his opinion it shall be necessary and proper, authorize such sheriff, under sheriff, district attorney, or some deputy sheriff, to contract with and organize a guard for the protection of any jail or prison in said county, or to arrest and detain, or have in safe keeping any prisoner or prisoners, or to enforce any process, judgment or decree of any court; which application and authority shall be in writing, and a copy thereof filed and recorded in the office of the secretary of state. CHAP. II. $3. The said written authority shall specify the number of Number. persons beyond which the said guard shall not extend. $4. The governor may at any time revoke, alter or modify Revocation such authority. may be $5. The governor may, in his discretion, permit such sheriff, Contract under sheriff, or deputy, to contract with any uniform com- made with pany, or companies, to form such guard. guard. to be com $6. Such guard when so formed, shall be under the com- Guard how mand and direction of such officer or officers as shall be desig- manded. nated by the governor, and in case he shall not make such designation, then under the command of the sheriff, under sheriff, or deputy, and of such officer, or officers, military or civil, as shall be designated by such sheriff or deputy; and shall be subject to all such rules and regulations for their government and action as shall have been agreed on at the time of their organization, or afterwards directed by the governor; and the governor may deliver to such guard any amount of ammunition or cartridges that he shall think proper and necessary. $7. The members of the said guard shall be subject to such Penalties. penalties and forfeitures for neglect of duty or disobedience of orders, as shall have been prescribed at the time of their organization, or afterwards, by the governor. allowance. $8. Such guard shall receive as a compensation for their Per diem services, such per diem allowance as shall have been agreed upon at the time of their employment, or at any time afterwards, not exceeding, however, the sum of one dollar per day for each private, and for each officer such sum as shall have been agreed on, not exceeding two dollars per day, and for each horse employed singly not exceeding one dollar per day, and for each two horse team and driver, not exceeding three dollars per day. As amended by Laws of 1846, ch. 65. to perform $9. The comptroller may require such vouchers and proofs Vouchers as of the agreements and performance of service under this act ance of as he shall deem proper, and shall from time to time audit service. and allow the accounts therefor as he shall deem just; and when so audited and allowed, shall draw his warrant on the treasurer for the payment thereof, and the treasurer shall pay the same out of any moneys not otherwise appropriated. PART IV. In relation S 10. The comptroller may require such vouchers and proofs to expenses. in relation to all and each of any such expenses as he shall to be charg deem proper. Money paid $ 11. All moneys paid from the treasury on the warrant of ed to county the comptroller by virtue of any of the foregoing provisions of this act, shall be charged by the comptroller to the county for whose benefit the same has been so paid, and he shall certify the amount thereof to the treasurer of said county. Duty of county treasurer. Duty of supervisors. Money to be paid into sury. $ 12. It shall be the duty of such county treasurer to lay the same before the supervisors of said county at their next annual meeting. S 13. The said supervisors shall, at their next annual meeting, cause the amount thereof to be levied and collected as other county charges are now by law directed to be levied : Provided, however, if the said board of supervisors shall think it would be unreasonably burthensome to such county to raise the whole thereof in one year, the said sum so to be raised may be divided into two or three equal parts, one whereof shall be levied and collected in each succeeding year, until the whole sum shall be so levied and collected. S 14. The sum or sums levied by virtue of the last precedstate trea- ing section, shall be paid over to the county treasurer, who shall, on or before the first day of May thereafter, pay over the same to the treasurer of the state, to the credit of such county. Temporary guard. Expense S15. Whenever the sheriff of any county shall deem it necessary to raise a temporary guard for the protection of a jail or prison, or the safe keeping of prisoners, he may, with the assent of one of the judges of the county courts, employ such temporary guard as may be necessary, until a guard can, with reasonable diligence, be formed and organized under the second section of this act; the expenses of which said temporary guard shall be audited, allowed and paid by the board of supervisors of said county, as other county charges. S 16. The expenses of the sheriff, or other county officer, how paid. incurred in pursuance of any of the provisions of this act, shall be audited, allowed and paid by the board of supervisors of the county, and shall be a portion of the county charges of such county, to be levied and raised as other county charges are by law levied and paid. Penalty for resisting execution $ 17. Every person who shall resist or enter into a combination with any person or persons, to resist the execution of of process. process, shall be guilty of a misdemeanor, and be punished by Revised Statutes amended. Power of sheriff to imprisonment in the county jail for a term not exceeding one year, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment, in the discretion of the court. 18. Section eighty in article seven of title six of chapter seven of the third part of the Revised Statutes, is hereby amended so that the said section shall read: "Whenever a sheriff or other public officer authorized to execute any pro CHAP. II. habitants. cess delivered to him, shall find or have reason to apprehend call out inthat resistance will be made to the execution of such process, he shall be authorized to command every male inhabitant of his county, or as many as he shall think proper, and with such arms as he shall direct, and any military company or companies in said county, armed and equipped, to assist him in overcoming such resistance, and if necessary, in seizing, arresting and confining the resisters, their aiders and abettors, to be dealt with according to law." when to be a state of $ 19. Whenever the governor shall be satisfied that the County execution of civil or criminal process has been forcibly resisted declared in in any county or counties of this state, by bodies of men, or insurrec that combinations to resist the execution of such process by tion. force exist in any such county or counties, and that the power of such county or counties has been exerted, and is not sufficient to enable the officer having such process to execute the same, he may, on the application of such officer or of the district attorney of such county, or of one of the judges of the county courts thereof, by proclamation to be published in the state paper, and in such other papers as he shall direct, declare such county or counties to be in a state of insurrection; and may order into the service of the state such number Volunteer and description of volunteer or uniform companies or other may be or militia of this state as he shall deem necessary, to serve for service. such term as he shall direct, and under the command of such officer or officers as he shall think proper; and the governor may, when he shall think proper, revoke, or declare that such proclamation shall cease at such time and in such manner as he shall direct. companies dered into resisting of process. $20. Any person or persons who shall, after the publica- Penalty for tion of such proclamation by the governor, as provided in execution section nineteen of this act, resist or assist in resisting the execution of any process in any such county so declared to be in a state of insurrection, or who shall aid or attempt the rescue or escape of any prisoner from lawful custody or confinement, or who shall resist, or aid or assist in resisting any force ordered out by the governor to quell or suppress any such insurrection, shall, upon conviction, be adjudged guilty of a felony, and punished by imprisonment in the state prison for a term not less than two years. into ser paid. $21. Whenever any portion of the militia shall be ordered Militia callinto service by the governor, in pursuance of section nineteen vice, how of this act, they shall be paid therefor at the following rates, to wit: To each private the sum of one dollar per day; to each non-commissioned officer and musician the sum of one dollar and twenty-five cents per day, and to all commissioned officers of the line, and to the field and staff officers, the same compensation as is paid to officers of the army in the service of the United States, together with all necessary rations and forage, and for the horses of any mounted men one dollar per day. |