state, with intent to procure it to be approved by the governor or certified by the secretary of state, or printed or published by the printer of the statutes in language different from that in which it was passed by the legislature, is guilty of felony.

Derivation: Penal Code, § 65.

§ 1327. Bribery of members of the legislature.

A person who gives or offers, or causes to be given or offered, a bribe, or any money, property, or value of any kind, or any promise or agreement thereof, to a member of the legislature, or attempts, directly or indirectly, by. menace, deceit, suppression of truth, or other corrupt means, to influence a member to give or withhold his vote, or to absent himself from the house of which he is a member, or from any committee thereof, is punishable by imprisonment for not more than ten years, or by a fine of not more than five thousand dollars, or both.

Derivation: Penal Code, § 66.

People v. Sharp (1887), 107 N. Y. 427, 1 Am. St. Rep. 851, 5 N. Y. Cr. 572, rev'g 45 Hun, 460; State v. Ellis, 33 N. Y. L. 102; Sulston v. Norton, 3 Burr, 1235.

§ 1328. Receiving bribes by members of legislature.

A member of either of the houses composing the legislature of this state, who asks, receives, or agrees to receive any bribe upon any understanding that his official vote, opinion, judgment or action shall be influenced thereby, or shall be given in any particular manner or upon any particular side of any question or matter upon which he may be required to act in his official capacity, or who gives or offers or promises to give any official vote in consideration that another member of the legislature shall give any such vote, either upon the same or another question, is punishable by imprisonment in a state prison not exceeding ten years, or by fine not exceeding five thousand dollars, or both.

Derivation: Penal Code, § 67.

Hunt v. Test, 8 Ala. 719; Walsh v. People, 68 Ill. 58; Com. v. Callahan, 2 Va. Cas. 460; Fuller v. Dame, 18 Pick. 470; Marshall v. Balt. & O. R. Co., 16 How. (U. S.) 314; Wood v. McCarr, 6 Dana, 366; Hatsfield v. Guldsen, 7 Watts, 152.

§ 1329.Witnesses refusing to attend before the legislature or legislative committees.

A person who, being duly summoned to attend as a witness before either house of the legislature or any committee thereof, authorized to summon witnesses, refuses or neglects without lawful excuse to attend pursuant to such summons, is guilty of a misdemeanor.

Derivation: Penal Code, § 68.

People ex rel. McDonald v. Keeler (1885), 99 N. Y. 463, rev'g 32 Hun, 563, 3 N. Y. Cr. 353; see also Matter of Dalton, 7 Crim. L. Mag. 601, 607, note.

§ 1330. Refusing to testify.

A person who being present before either house of the legislature or any committee thereof authorized to summon witnesses, wilfully refuses to be sworn or affirmed, or to answer any material and proper question, or to produce upon reasonable notice any material and proper books, papers, or documents in his possession or under his control, is guilty of a misdemeanor.

Derivation: Penal Code, § 69.

People v. Learned (1875), 5 Hun, 626; People ex rel. McDonald v. Keeler (1885), 99 N. Y. 463, 3 N. Y. Cr. 353, 32 Hun, 589; People v. Sharp (1887), 107 N. Y. 427, rev'g 45 Hun, 460; see also People ex rel. Sabold v. Webb, 5 N. Y. Supp. 855.

§ 1331. Members of the legislature liable to forfeiture of office.

The conviction of a member of the legislature of either of the crimes defined in this article, involves as a consequence in addition to the punishment prescribed by this chapter, a forfeiture of his office; and disqualifies him from ever afterwards holding any office under this state.

Derivation: Penal Code, § 70.

ARTICLE 126.

*LIBEL.

SECTION 1340. Libel defined.

1341. Libel a misdemeanor.

1342. Malice presumed; defense to prosecution.

1343. Publication defined.

1344. Liability of editors and others.

1345. Publishing a true report of public official proceedings.
1346. Indictment for libel published against resident.

1347. Indictment for libel against nonresident.

1348. Restriction on indictment for libel.

1349. Power of court; place of trial.

1350. Privileged communications.

1351. Threatening to publish libel.
1352. Furnishing libelous information.

§ 1340. Libel defined.

A malicious publication, by writing, printing, picture, effigy, sign or otherwise than by mere speech, which exposes any living person, or the memory of any person deceased, to hatred, contempt, ridicule or obloquy, or which causes, or tends to cause any person to be shunned or avoided, or which has a tendency to injure any person, corporation or association of persons, in his or their business or occupation, is a libel.

Derivation: Penal Code, § 242.

Sanderson v. Caldwell (1871), 45 N. Y. 398; More v. Bennett (1872), 48 N. Y. 472, rev'g 48 Barb. 229, 33 How. Pr. 177; Moffatt v. Cauldwell (1874), 3 Hun, 26; People v. Isaacs (1883), 1 N. Y. Cr. 148; Bergmann v. Jones (1883), 94 N. Y. 52; Shelby v. Sun Printing Co. (1886), 38 Hun, 474, 109 N. Y. 611; People v. Parr (1886), 5 N. Y. Cr. 34, 42 Hun, 316; Moore v. Francis (1890), 121 N. Y. 199, 8 L. R. A. 214; Morey v. Morning Journal Assn. (1890), 123 N. Y. 207; People v. Stark (1891), 59 Hun, 51, 12 N. Y. Supp. 688, aff'd 136 N. Y. 538; Shea v. Sun, etc. (1895), 14 Misc. 415, 35 N. Y. Supp. 703; Gray v. Sampers (1898), 35 App. Div. 270, 55 N. Y. Supp. 3; Gray v. Brooklyn, etc. (1898), 35 App. Div. 286, 55 N. Y. Supp. 35; McFadden v. Morning Jour. Assn. (1898), 28 App. Div. 508, 51 N. Y. Supp. 275; Gates v. New York Recorder Co. (1898), 155 N. Y. 228; Gallagher v. Bryant (1899), 44 App. Div. 527, 60 N. Y. Supp. 844; People v. McLaughlin (1901), 33 Misc. 691, 68 N. Y. Supp. 1108; Roberson v. Rochester, etc. (1902), 171 N. Y. 556, rev'g 64 App. Div. 30, 71 N. Y. Supp. 876; Gibson v. Sun Printing Co. (1902), 71 App. Div. 566, 76 N. Y. Supp. 197; Bornman v. Star Co. (1903), 174 N. Y. 220; People ex rel. Gow v. Bingham (1907), 57 Misc. 66,

Fiero on Torts, Chapter 15, is a complete treatise on the New York Law of Libel and Slander.

107 N. Y. Supp. 1011, 21 N. Y. Cr. 568; see also Biggs v. Denniston, 3 Johns. C. Cas. 198; Carpenter v. Hammond, 1 N. Y. St. 551; Carroll v. White, 33 Barb. 615; Clark v. Anderson, 1 N. Y. Supp. 730; Cramer v. Wiggs, 17 Wend. 209; Cooper v. Greeley, 1 Den. 347, 358; Dwyer V. Fireman's Journal Co., 11 Daly, 248; Edsall V. Brooks, 26 How Pr. 426, 2 Robt. 29, 17 Abb. Pr. 221; Fidler v. Delavan, 20 Wend. 51; Perkins v. Mitchell, 31 Barb. 465; Powers v. Dubois, 17 Wend. 63; Robertson v. Bennett, 44 N. Y. Supp. 66; Ryckman v. Delavan, 25 Wend. 186; Ryer v. Fireman's Journal Co., 11 Daly, 251; Stilwell v. Barter, 19 Wend. 487; Southwick v. Stevens, 10 Johns. 443; Taylor v. Church, 1 E. D. Smith, 279; Thomas v. Croswell, 7 Johns. 264; Turrell v. Dolloway, 17 Wend. 426; Weed v. Foster, 11 Barb. 203; White v. Delavan, 17 Wend. 49; Williams v. Godkin, 5 Daly, 499; Wright v. Paige, 36 Barb. 438, aff'd 3 Trans. App. 134; Giles v. State, 6 Ga. 276; Hetherington v. Sterry, 28 Kans. 426, 42 Am. Rep. 169; Steketee v. Kimm, 48 Mich. 322; Smith v. Smith, 73 Mich. 445, 16 Am. St. Rep. 594, 8 L. R. A. 52; Peet & Morgan v. Kennedy, 62 Minn. 284, 30 L. R. A. 521; State v. Smiley, 37 Ohio St. 30, 41 Am. Rep. 487; O'Brien v. Times Pub. Co., 21 R. 1. 256; Bradley v. Cramer, 59 Wis. 309, 48 Am. Rep. 513; Rich v. Parrott, 1 Cliff. 55; Reg. v. Adams, 22 Q. B. Div. 66.

§ 1341. Libel a misdemeanor.

A person who publishes a libel, is guilty of a misdemeanor.

Derivation: Penal Code, § 243.

Hunt v. Bennett (1859), 19 N. Y. 176; Hamilton v. Eno (1880), 81 N. Y. 122, aff'g 16 Hun, 599; Brooks v. Harrison (1883), 91 N. Y. 89; People v. Parr (1886), 4 N. Y. Cr. 545; Ryan v. Collins (1888), 111 N. Y. 150, rev'g 39 Hun, 204; People v. Sherlock (1901), 166 N. Y. 180, 15 N. Y. Cr. 412, aff'd 56 App. Div. 422, 68 N. Y. Supp. 74; see also Baldwin's Case, 3 C. H. Rec. 61; Bartholomy v. People, 2 Hill, 248; Cooper v. Barber, 24 Wend. 105; Daly v. Byrne, 1 Abb. N. C. 150; Dole v. Lyon, 10 Johns. 447; Fidler v. Delavan, 20 Wend. 57; Hotchkiss v. Oliphant, 2 Hill, 510; Powers v. Skinner, 1 Wend. 451; Rice v. Withers, 9 Wend. 138; Spencer v. Southwick, 11 Johns. 592; Root v. King, 7 Cow. 613, 4 Wend. 113; Skinner v. Powers, 1 Wend. 451; Snyder v. Andrews, 6 Barb. 43; Stillwell v. Barter, 19 Wend. 487; Thorn v. Blanchard, 5 Johns. 508; People v. Tracy, 2 Wheel. Car. Cas. 358; Washburn v. Cook, 3 Den. 110.

§ 1342. Malice presumed; defense to prosecution.

A publication having the tendency or effect, mentioned in section thirteen hundred and forty, is to be deemed malicious, if no justification or excuse therefor is shown.

The publication is justified when the matter charged as libelcus is true, and was published with good motives and for justifiable ends.

The publication is excused when it is honestly made, in the belief of its truth and upon reasonable grounds for this belief, and consists of fair comments upon the conduct of a person in respect of public affairs, or upon a thing which the proprietor thereof offers or explain to the public.

Derivation: Penal Code, § 244.

People ex rel. Gow v. Bingham (1907), 57 Misc. 66, 107 N. Y. Supp. 1011, 21 N. Y. Cr. 568.

§ 1343. Publication defined.

To sustain a charge of publishing a libel, it is not necessary that the matter complained of should have been seen by another. It is enough that the defendant knowingly displayed it, or parted with its immediate custody, under circumstances which exposed it to be seen or understood by another person than himself.

Derivation: Penal Code, § 245

Woods v. Wiman (1888), 47 Hun, 362, rev'd 122 N. Y. 445; Robertson v. Rochester Folding Box Co. (1902), 171 N. Y. 538; People ex rel. Gow v. Bingham (1907), 57 Misc. 66, 107 N. Y. Supp. 1011, 21 N. Y. Cr. 568; Lyle v. Clason, 1 Caines, 581; Prescott v. Tousey, 50 N. Y. Super. 12; Snyder v. Andrews, 6 Barb. 47; Trumbull v. Gibbons, 3 C. H. Rec. 97; Van Cleef v. Lawrence, 6 C. H. Rec. 41; Sesler v. Montgomery, 78 Cal. 486, 12 Am. St. Rep. 76, 28 Am. L. Reg. (N. S.) 271, note; Schenck v. Schenck, 20 N. J. L. 208; Warnock v. Mitchell, 43 Fed. 428, 42 Alb. L. J. 409; Barrow v. Lewellin, Hob. 62a; Wenman v. Ash, 13 C. B. 836, 22 Eng. Law & Eq. 509; Wennhak v. Morgan, 20 Q. B. Div. 635, 38 Eng. Rep. 682.

§ 1344. Liability of editors and others.

Every editor, or proprietor of a book, newspaper or serial, and every manager of a partnership or incorporated association, by which a book, newspaper or serial is issued, is chargeable with the publication of any matter contained in such book, newspaper or serial. But in every prosecution for libel the defendant may show in his defense that the matter complained of was published without his knowledge or fault and against his wishes, by another who had no authority from him to make the publication and whose act was disavowed by him so soon as known.

Derivation: Penal Code, § 246.

Hunt v. Bennett (1859), 19 N. Y. 175; Fry v. Bennett (1863), 28 N. Y. 324, aff'g 3 Bosw. 200, 9 Abb. 45; Sunderlin v. Bradstreet (1871), 46 N. Y. 188; Purdy v. Rochester Printing Co. (1884), 96 N. Y. 372, rev'g 26 Hun,