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ARTICLE 136.

MARRIAGES.

SECTION 1450. Solemnizing unlawful marriages.

1451. Unlawful procurement of marriage license.

§ 1450. Solemnizing unlawful marriages and unlawful solemnizing of marriages.

A minister or magistrate who solemnizes a marriage when either of the parties is known to him to be under the age of legal consent, or to be an idiot or insane person, or a marriage to which within his knowledge a legal impediment exists, or any person not authorized by the laws of this state to perform marriage ceremonies who shall solemnize or presume to solemnize, with intent to deceive, any marriage between any parties is guilty of a misdemeanor. Until a marriage has been dissolved or annulled by a proper tribunal or court of competent jurisdiction, any person who shall assume to grant a divorce, in writing, purporting to divorce husband and wife and permitting them or either of them to lawfully marry again, shall be guilty of a misdemeanor punishable by fine for the first offense not exceeding five hundred dollars, and for the second offense one thousand dollars, or imprisonment not exceeding one year, or both such fine and imprisonment. (Amended by L. 1916, ch. 368, in effect Sept. 1, 1916.)

Derivation: Penal Code, § 376, as amended L. 1893, ch. 461.

§ 1451. Unlawful procurement of marriage license.

A person who, having a husband or wife living, takes out a license to marry another person, is guilty of a misdemeanor. The excep tions in section three hundred and forty-one of this chapter are applicable to this section. (Added by L. 1916, ch. 482, in effect Sept. 1, 1916.)

ARTICLE 138.

MARRIED WOMEN.

SECTION 1460. Presence of husband no defense.

[Article 138 repealed and § 1460 renumbered 1092 by L. 1909, ch. 524. in effect May 27, 1909.]

ARTICLE 140.

MEETINGS.

SECTION 1470. Disturbing lawful meetings.

1471. Leaving state with intent to elude provisions of this article. 1472. Witnesses' privilege.

1470. Disturbing lawful meetings.

A person who, without authority of law, wilfully disturbs any assembly or meeting, not unlawful in its character, is guilty of a misdemeanor.

Derivation: Penal Code, § 448.

People v. Barber (1893), 74 Hun, 368, 26 N. Y. Supp. 417; People ex rel. Taylor v. Seaman (1894), 8 Misc. 152, 29 N. Y. Supp. 329; see also People v. Judson, 11 Daly, 1, 82.

§ 1471. Leaving state with intent to elude provisions of this article.

A person who leaves the state, with intent to elude any provision of this article, or to commit any act without the state, which is prohibited by this article, or who, being a resident of this state, does any act without the state, which would be punishable by the provisions of this article, if committed within the state, is guilty of the same offense and subject to the same punishment, as if the act had been committed within this state.

Derivation: Penal Code, § 461.

§ 1472. Witnesses' privilege.

No person shall be excused from giving evidence upon an investigation or prosecution for any of the offenses specified in this article upon the ground that the evidence might tend to convict him of a crime. But such evidence shall not be received against him upon any criminal proceeding.

Derivation: Penal Code, § 469.

ARTICLE 142.

MILITARY.

SECTION 1480. Depriving members of national guard of employment. 1481. Discrimination against members of national guard.

1482. Drugging person for enlistment.

1483. Seizing military stores belonging to the state.

1484. Converting military property; unlawfully wearing uniform. unlawful use of name of military or naval organization, or unit thereof.

1485. Introduction of spirituous or malt liquors into arsenal or

armory.

1486. Unlawfully exacting toll of a member of the national guard. 1487. Failure to respond to military duty.

§ 1480. Depriving members of national guard of employ

ment.

A person who, either by himself or with another, wilfully deprives a member of the national guard of his employment, or prevents his being employed by himself or another, or obstructs or annoys said member of said national guard, or his employer, in respect of his trade, business, or employment, because said member of said national guard is such member, or dissuades any person from enlistment in the said national guard by threat of injury to him in case he shall so enlist, in respect of his employment, trade, or business, is guilty of a misdemeanor.

Derivation: Penal Code, § 171b, added L. 1903, ch. 349.

§ 1481. Discrimination against members of national guard. No association or corporation, constituted or organized for the purpose of promoting the success of the trade, employment, or business of the members thereof, shall by any constitution, rule, by-law, resolution, vote, or regulation, discriminate against any member of the national guard of the state c New York, because of such membership in respect of the eligibility of such member of the said national guard to membership in such association or corporation, or in respect of his right to retain said last mentioned membership; it being the purpose of this section and the section immediately preceding to protect a member of the said national guard from disadvantage in his means of livelihood and liberty therein hut not to give him any preference or advantage on account of his membership of said national guard. A person who aids in enforcing any such provisions against a member of

the said national guard with the intent to discriminate against him because of such membership, is guilty of a misdemeanor. Derivation: Penal Code, § 171c, added L. 1903, ch. 349.

§ 1482. Drugging person for enlistment.

A person who administers any drug or stupefying substance to another, with the intent, while such person is under the influence thereof, to induce such person to enter the military or naval service of the United States, of this state, or any other state, country or government, is guilty of a misdemeanor.

Derivation: Penal Code, § 447.

§ 1483. Seizing military stores belonging to the state.

A person who enters any fort, magazine, arsenal, armory, arsenal yard or encampment, and seizes or takes away any arms, ammunition, military stores or supplies belonging to the people of this state; and a person who enters any such place with intent so to do, is punishable by imprisonment in a state prison not exceeding ten years.

Derivation: Penal Code, § 484.

1484. Converting military property; unlawfully wearing uniform; unlawful use of name of military or naval organization, or unit thereof.

1. Any person who shall secrete, sell, dispose of, offer for sale, purchase, retain after demand made by a commissioned officer of the national guard, or in any manner pawn or pledge any arms, uniforms or equipments, issued under the provisions of the military law; or,

2. Any person not a member of the national guard, except members of organizations specially authorized to do so by the military law, who shall wear any uniform or designation of grade similar to those in use by the national guard, issued or authorized under the provisions of said law; or, 3. Any person, society or corporation who shall, with intent to acquire or obtain for personal or business purposes a benefit or advantage, assume, adopt or in any manner use the name of a regiment, battalion, battery, squad, troop, division, company or other unit of any military or naval organization constituting a part of the national guard or naval militia of the state of New York, or of any society, association or other organization, or a part thereof, whether incorporated or unincorporated, that has been recognized by the commanding officer of such military or naval organization as a society or association of its veterans or ex-members, or who shall assume or adopt a name so nearly resembling it as to be calculated to deceive the public with respect to any such military or naval organization, or any such society, association or other organization, or a part thereof, of its veterans or ex-members, without first having obtained the written consent of the commanding officer of such military or naval organization,

Is guilty of a misdemeanor.

Whenever there shall be an actual or threatened violation of any of the subdivisions of this section, an application may be made to a court or justice having jurisdiction to issue an injunction, upon notice to the defendant of not less than five days, for an injunction to enjoin and restrain said actual or threatened violation; and if it shall appear to the satisfaction of the court or justice that the defendant is in fact violating any of the subdivisions of this section, or is threatening to do so, an injunction may be issued by such court or justice enjoining and restraining such actual or threatened violation without requiring proof that any person has in fact been misled or deceived or otherwise injured thereby. (Amended by L. 1913, ch. 555, in effect May 16, 1913.)

Derivation: Penal Code, § 674b, added L. 1894, ch. 551, § 2.

§ 1485. Introduction of spirituous or malt liquors into arsenal or armory. Any person who introduces any wine, spirituous or malt liquors into any arsenal or armory, except when prescribed for medical

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