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omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage. 2. The terms 'neglect,' 'negligence,' 'negligent' and 'negligently,' import a want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concerns. 3. The term 'corruptly' imports a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to, or to some other person. 4. The terms 'malice' and 'maliciously' import a wish to vex, annoy, or injure another person; established either by proof or presumption of law. 5. The term 'knowingly' imports only a knowledge that the facts exist which bring the act or omission within the provisions of this code. It does not require any knowledge of the unlawfulness of such act or omission. 6. The term 'bribe' signifies any money, goods, right in action, property, thing of value or advantage, present or prospective, or any promise or undertaking to give any, asked, given, or accepted, with a corrupt intent to influence, unlawfully, the person to whom it is given, in his action, vote, or opinion, in any public or official capacity. 7. The word 'vessel,' when used with reference to shipping, includes ships of all kinds, steamboats and steamships, canal-boats, and every structure adapted to be navigated from place to place. 8. The term 'peace officer' signifies any one of the officers mentioned in section eight hundred and seventeen of this code. 9. The term 'magistrate' signifies any one of the officers mentioned in section eight hundred and eight of this code. 10. The term 'signature' includes any name, mark, or sign written with intent to authenticate any instrument or writing. 11. The term 'writing' includes both printing and writing. 12. The term 'land' and the phrases 'real estate' and 'real property,' include lands, tenements, and hereditaments, and all rights thereto and interests therein. 13. The term 'personal property' includes every description of money, goods, chattels, effects, evidences of rights in action, and all written instruments by which any pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished, and every right or interest therein. 14. The word 'property' includes personal and real property. 15. The word 'month' means a calendar month, unless otherwise expressed, and the word 'year,' and also the abbreviation 'A. D.' is equivalent to the expression 'year of our Lord.' 16. The word 'oath' includes 'affirmation' in all cases where an affirmation may be substituted for an oath; and in like cases the word 'swear' includes the word 'affirm.' Every mode of oral statement under oath or affirmation is embraced in the term 'testify,' and every written one, in the term 'depose.' 17. When the seal of a court or public officer, or officer, is required by law to be affixed to any paper, the word 'seal' includes an impression of such seal upon the paper alone, as well as upon wax or a wafer affixed thereto. 18. The word 'state,' when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words 'United States' may include the district and territories. 19. Where the term 'person' is used in this code to designate the party whose property may be the subject of any offense, it includes this state, any other state, government, or country which may lawfully own any property within this state, and all public and private corporations or joint associations, as well as individuals. 20. The word
'person' includes bodies politic and corporate. 21. The singular number includes the plural, and the plural the singular. 22. Words used in the masculine gender comprehend, as well, the feminine and neuter. 23. Words used in the present tense include the future, but exclude the past. 24. The word 'will' includes codicils. 25. Words and phrases must be construed according to the context and the approved usage of the language; but technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in law, must be construed according to such peculiar and appropriate meaning. 26. Words giving a joint authority to three or more public officers or other persons, are construed as giving such authority to a majority of them, unless it be otherwise expressed in the act giving the authority."
2. Amended by Code Amdts. 1873–74, p. 419, (1) the introductory paragraph reading the same as the present amendment, down to the words "natural person," thereafter the paragraph proceeding, "writing includes printing; oath includes affirmation or declaration; and every mode of oral statement under oath or affirmation is embraced by the term 'testify,' and every written one in the term 'depose'; signature or subscription includes mark, when the person can[not] write, his name being written near it, and witnessed by a person who writes his own name as a witness"; (2) the second paragraph of the present amendment was the final sentence of the introductory paragraph, and had the word "also" before "have"; (3) subd. 7 had the words "canals, boats," instead of "canal-boats"; (4) subd. 8 had the words "The word 'peace officer' signifies" instead of "The words 'peace officer' signify" and the words "of this code" at end of subdivision; (5) subd. 9 also had the words "of this code" at end of subdivision; (6) subd. 13 ended with the words "otherwise expressed"; (7) subd. 17 had the word "be" instead of "is" before "otherwise"; (8) the section then ending with subd. 19. 3. Amendment by Stats. 1901, p. 434; unconstitutional. See note, § 5, ante.
4. Amended by Stats. 1905, p. 635; the code commissioner saying, "The purpose of the amendment is to make the section conform to the corresponding sections of the Civil Code and of the Code of Civil Procedure. The changes consist in the addition of the words 'county includes city and county'; of the words 'and typewriting'; and of the clause 'provided, that when a signature is made by mark, it must, in order that the same may be acknowledged or serve as the signature to any sworn statement, be witnessed by two persons who must subscribe their own names as witnesses thereto.' The above changes make the above section conform to the corresponding subdivision in § 17 of the Code of Civil Procedure and in § 14 of the Civil Code. The definitions of 'night-time' and 'daytime' are added in subd. 13, following the definitions in §§ 450 and 463 of this code, which confined the definitions to the chapters in which they occurred. The word 'canal-boat' is printed 'canals, boats,' in the official statutes of 1873-74, p. 421, amending the section, and is hereby corrected to conform to the manifest intention of the statute, and to the original form of the section as enacted in the code of 1872. Subd. 20 is also added to correspond with a like provision in the other codes."
§ 8. What intent to defraud is sufficient. Whenever, by any of the provisions of this code, an intent to defraud is required in order to constitute any offense, it is sufficient
if an intent appears to defraud any person, association, or body politic or corporate, whatever.
Legislation § 8. Enacted February 14, 1872; based on Field's Draft, § 782, N. Y. Pen. Code, § 721.
§ 9. Civil remedies preserved. The omission to specify or affirm in this code any liability to damages, penalty, forfeiture, or other remedy imposed by law and allowed to be recovered or enforced in any civil action or proceeding, for any act or omission declared punishable herein, does not affect any right to recover or enforce the same.
Legislation § 9. Enacted February 14, 1872; identical with Field's Draft, § 783, N. Y. Pen. Code, § 722.
§ 10. Proceedings to impeach or remove officers and others preserved. The omission to specify or affirm in this code any ground of forfeiture of a public office, or other trust or special authority conferred by law, or any power conferred by law to impeach, remove, depose, or suspend any public officer or other person holding any trust, appointment, or other special authority conferred by law, does not affect such forfeiture or power, or any proceeding authorized by law to carry into effect such impeachment, removal, deposition, or suspension.
Legislation § 10. Enacted February 14, 1872; identical with Field's Draft, § 784, N. Y. Pen. Code, § 723.
§ 11. Authority of courts-martial preserved. Courts of justice to punish for contempts. This code does not affect any power conferred by law upon any court-martial, or other military authority or officer, to impose or inflict punishment upon offenders; nor any power conferred by law upon any public body, tribunal, or officer, to impose or inflict punishment for a contempt.
Legislation § 11. Enacted February 14, 1872; based on Field's Draft, § 785, N. Y. Pen. Code, § 724.
§ 12. Of sections declaring crimes punishable. Duty of court. The several sections of this code which declare certain crimes to be punishable as therein mentioned, devolve a duty upon the court authorized to pass sentence, to determine and impose the punishment prescribed.
Appointing time of pronouncing judgment: Post, § 1191.
Legislation § 12. Enacted February 14, 1872; identical with Field's Draft, § 11, N. Y. Pen. Code, § 12.
Whenever in this
§ 13. Punishments, how determined. code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a
particular case must be determined by the court authorized to pass sentence, within such limits as may be prescribed by this code.
Legislation § 13. Enacted February 14, 1872; based on Field's Draft, § 12, N. Y. Pen. Code, § 13.
§ 14. Witness's testimony may be read against him on prosecution for perjury. The various sections of this code which declare that evidence obtained upon the examination of a person as a witness cannot be received against him in any criminal proceeding, do not forbid such evidence being proved against such person upon any proceedings founded upon a charge of perjury committed in such examination.
Legislation § 14. Enacted February 14, 1872; based on Field's Draft, § 761, N. Y. Pen. Code, § 712.
§ 15. "Crime" and "public offense" defined. A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments:
4. Removal from office; or,
5. Disqualification to hold and enjoy any office of honor, trust, or profit in this state.
Crime and public offense: See post, §§ 16, 17.
Subd. 1. Death punishment in case of treason: See post, § 37. Of murder: Post, § 190.
Subd. 4. Removal from office: See post, §§ 737 et seq.; Const., art. iv., §§ 18, 21, art. xii, § 19.
Subd. 5. Disqualification to hold office: Const., art. iv, § 21, art. xx, §§ 10, 11.
Legislation § 15. 1. Enacted February 14, 1872; based on Field's Draft, § 3, N. Y. Pen. Code, § 3.
2. Amendment by Stats. 1901, p. 435; unconstitutional. See note, § 5, ante.
Crimes, how divided. Crimes are divided into: 1. Felonies; and,
Felony and misdemeanor, defined: See infra, § 17.
Legislation § 16. Enacted February 14, 1872; based on Field's Draft, § 4, N. Y. Pen. Code, § 4; also based on Stats. 1851, p. 212, 83, which read: "Public offenses are divided into, 1st. Felonies, and 2d. Misdemeanors."
§17. Felony and misdemeanor defined. A felony is a crime which is punishable with death or by imprisonment. in the state prison. Every cther crime is a misdemeanor.
When a crime, punishable by imprisonment in the state prison, is also punishable by fine or imprisonment in a county jail, in the discretion of the court, it shall be deemed a misdemeanor for all purposes after a judgment imposing a punishment other than imprisonment in the state prison. [Amendment approved 1874; Code Amdts. 1873-74, p. 455.]
Legislation § 17. 1. Enacted February 14, 1872; the first sentence based on Field's Draft, § 5, N. Y. Pen. Code, § 5, and the second identical with Field's Draft, § 6, N. Y. Pen. Code, § 6; also based on Stats. 1851, p. 212, §§ 4, 5, which read: “§ 4. A felony is a public offense punishable by death, or by imprisonment in a state prison. $5. Every other public offense is a misdemeanor." When enacted in 1872, § 17 read: "A felony is a crime which is, or may be, punishable with death, or by imprisonment in the state prison. Every other crime is a misdemeanor."
2. Amended by Code Amdts. 1873–74, p. 455.
§ 18. Punishment of felony, when not otherwise prescribed. Except in cases where a different punishment is prescribed by this code, every offense declared to be a felony is punishable by imprisonment in the state prison, not exceeding five years.
Legislation § 18. Enacted February 14, 872; based on Field's Draft, § 13, N. Y. Pen. Code, § 14.
§ 19. Punishment of misdemeanor, when not otherwise prescribed. Except in cases where a different punishment. is prescribed by this code, every offense declared to be a misdemeanor is punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding five hundred dollars, or by both.
Legislation § 19. Enacted February 14, 1872; based on Field's Draft, § 14, N. Y. Pen. Code, § 15; also based on Crimes and Punishment Act, Stats. 1850, p. 247, § 143, which read: "§ 143. Every offense or act which by law is declared to be a misdemeanor, and for which no punishment is specially prescribed, shall be punished by imprisonment in the county jail not exceeding six months, or by fine not exceeding five hundred dollars, or by both fine and imprisonment."
§ 20. To constitute crime there must be unity of act and intent. In every crime or public offense there must exist a union, or joint operation of act and intent, or criminal negligence.
Intoxication, effect of: Post, § 22.
Insanity: Post, § 26.
Legislation § 20. Enacted February 14, 1872; based on Crimes and Punishment Act, Stats. 1850, p. 229, § 1, which had "intention" instead of "intent."
§ 21. Intent, how manifested, and who considered of sound mind. The intent or intention is manifested by the