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interested, and to the district attorney of the county, as the court may direct, remit the fine imposed, pursuant to this section, except the additional allowance for expenses.

Derivation: Penal Code, §§ 541-543.

Bartow v. People (1879), 78 N. Y. 377, rev'g 18 Hun, 22; People v. Weinseimer (1907), 117 App. Div. 620, 102 N. Y. Supp. 579; Matter of Bushnell, 4 N. Y. Supp. 480, 17 N. Y. St. 827; Thatcher v. Hope, etc., Ass'n (1891), 126 N. Y. 511.

§ 1303. Value of stolen evidence of debt, how ascertained. If the thing stolen consists of a written instrument, being an evidence of debt, other than a public or corporate certificate, scrip, bond, or security having a market value, or being the transfer of or evidence of title to any property, or of the creating, releasing, or discharging, of any demand, right, or obligation, the amount of money due thereupon or secured to be paid thereby, and remaining unsatisfied, or which, in any contingency, might be collected thereupon or thereby, or the value of the property transferred or affected, or the title to which is shown thereby, or the sum which might be recovered for the want thereof, as the case may be, is deemed the value of the thing stolen.

Derivation: Penal Code, § 545.

People v. Hall (1893), 74 Hun, 96, 26 N. Y. Supp. 403; People v. Peckens (1897), 153 N. Y. 577, aff'g 12 App. Div. 626, 43 N. Y. Supp. 1160; People v. Fletcher (1905), 110 App. Div. 231, 97 N. Y. Supp. 62; People v. Fallon, 6 Park, 256; Johnson v. People, 4 Den. 364.

§ 1304. Value of stolen passage ticket, how ascertained.

If the thing stolen is a ticket, paper or other writing, entitling or purporting to entitle the holder or proprietor thereof to a passage upon a railway car, vessel, or other public conveyance, the price at which a ticket, entitling a person to a like passage, is usually sold, is deemed the value thereof.

Derivation: Penal Code, § 546.

§ 1305. Value of other stolen articles, how ascertained.

In every case not otherwise regulated by statute, the market value of the thing stolen is deemed its value.

Derivation: Penal Code, § 547.

§ 1306. Claim of title a ground of defense.

Upon an indictment for larceny it is a sufficient defense that the property was appropriated openly and avowedly, under a claim of title preferred in good faith, even though such claim is untenable. But this section shall not excuse the retention of the property of another, to offset or pay demands held against him.

Derivation: Penal Code, § 548.

People v. Burton (1883), 1 N. Y. Cr. 297; People v. Grim (1885), 3 N. Y. Cr. 317; People ex rel. Perkins v. Moss (1906), 113 App. Div. 333, 99 N. Y. Supp. 138, 20 Crim. Rep. 75, aff'd (1907), 187 N. Y. 410; People v. Burnham (1907), 119 App. Div. 302, 104 N. Y. Supp. 725; Matthews & Co. v. Employers' Liability Assur. Corp. (1908), 127 App. Div. 196; People v. Ouley, 7 N. Y. St. 794; People v. Thomas, 3 Hill. 169; People v. Smith, 5 Park, 490; Cansey v. State, 79 Ga. 564, 11 Am. St. Rep. 447; Graves v. State, 25 Tex. App. 333; Meade v. State, 25 Nebr. 444.

§ 1307. Intent to restore property no defense.

The fact that the defendant intended to restore the property stolen or embezzled, is no ground of defense, or of mitigation of punishment, if it has not been restored before complaint to a magistrate, charging the commission of the crime.

Derivation: Penal Code, § 549.

Parr v. Loder (1904), 97 App. Div. 218, 89 N. Y. Supp. 823.

§ 1308. Buying or receiving stolen or wrongfully acquired property.

A person, who buys or receives any stolen property, or any property which has been wrongfully appropriated in such a manner as to constitute larceny according to this article, knowing the same to have been stolen or so dealt with, or who corruptly, for any money, property, reward, or promise or agreement for the same, conceals, withholds, or aids in concealing or withholding any property, knowing the same to have been stolen, or appropriated wrongfully in such a manner as to constitute larceny under the provisions of this article, if such misappropriation has been committed within the state, whether such property were so stolen or misappropriated within or without the state, or who being a dealer in or collector of junk, metals or second hand materials, or the agents, employee or representative of such dealer or collector, buys or receives any wire, cable, copper, lead, solder, iron or brass used by or belonging to a railroad, telephone, telegraph, gas or

electric light company without ascertaining by diligent inquiry, that the person selling or delivering the same has a legal right to do so, is guilty of criminally receiving such property, and is punishable, by imprisonment in a state prison for not more than five years, or in a county jail for not more than six months, or by a fine of not more than two hundred and fifty dollars, or by both such fine and imprisonment.

Derivation: Penal Code, § 550, as amended L. 1903, ch. 326, § 1.

Coleman v. People (1873), 55 N. Y. 82, rev'g 1 T. & C. Add. 3; Copperman v. People (1874), 56 N. Y. 591, aff'g 1 Hun, 15, 3 Th. & C. 199; Goldstein v. People (1880), 82 N. Y. 231; Miller v. People (1881), 25 Hun, 473; People v. Dowling (1881), 84 N. Y. 479; People v. Weldon (1888), 111 N. Y. 569; People v. Brien (1889), 53 Hun, 496, 6 N. Y. Supp. 198, 7 N. Y. Cr. 166; People v. Connor (1893), 68 Hun, 78, 22 N. Y. Supp. 669, aff'd 141 N. Y. 583; People v. McClure (1895), 148 N. Y. 95, rev'g 88 Hun, 505, 34 N. Y. Supp. 974; People v. Schooley (1896), 149 N. Y. 99, 12 N. Y. Cr. 20, aff'g 89 Hun, 391, 35 N. Y. Supp. 429; People v. Wilson (1896), 151 N. Y. 403, 12 N. Y. Cr. 116, aff'g 7 App. Div. 326, 40 N. Y. Supp. 107; People v. Flechter (1899), 44 App. Div. 199, 60 N. Y. Supp. 777; People v. Rivello (1899), 39 App. Div. 454, 57 N. Y. Supp. 420; People v. Grossman (1901), 168 N. Y. 47, aff'g 59 App. Div. 626, 69 N. Y. Supp. 1141; People v. Hartwell (1901), 166 N. Y. 361, rev'g 55 App. Div. 234, 67 N. Y. Supp. 25; People v. Molineux (1901), 168 N. Y. 297; People v. Weisenberger (1902), 73 App. Div. 428, 77 N. Y. Supp. 71; People v. Ammon (1904), 92 App. Div. 205, 87 N. Y. Supp. 358; People v. Breen (1905), 181 N. Y. 493, 19 Crim. Rep. 393; People v. Fletcher (1905), 110 App. Div. 231, 97 N. Y. Supp. 62; People ex rel. Ammon v. Johnson (1906), 114 App. Div. 877, 100 N. Y. Supp. 256, 20 Crim. Rep. 374; People v. Jaffe (1906), 185 N. Y. 497, 19 Crim. Rep. 289, rev'g 112 App. Div. 516, 98 N. Y. Supp. 486; People v. Wiley, 3 Hill, 194; Wells v. People, 3 Park, 473; Chatterton v. People, 15 Abb. 147; Cohen v. People, 5 Park, 330; Hopkins v. People, 12 Wend. 76; People v. Caswell, 21 Wend. 86; Shotwell's Case, 3 C. H. Rec. 95; People v. Peirpont, 1 Wheel. Cr. Cas. 139; McNiff's Case, 1 C. H. Rec. 8; Bell's Case, 6 C. H. Rec. 96; People v. Greene, 1 Wheel. Cr. Cas. 152; Wills v. People, 3 Park, 473; Gaither v. State, 8 Crim. L. Mag. 754; People v. Stein, 1 Parl, 202; Com. v. Sullivan, 136 Mass. 170; State v. Ward, 49 Conn. 429; Com. v. Johnson, 12 Crim. L. Mag. 641; State v. Ward, 49 Conn. 429.

§ 1309. Averment and proof of conviction of principal not

necessary.

It is not necessary to aver, in an indictment for an offense specified in the last section, nor to prove upon the trial thereof, that the principal who stole the property has been convicted, or is amenable to justice.

Derivation: Penal Code, § 551.

People v. Brien (1889), 53 Hun, 496, 6 N. Y. Supp. 198, 7 N. Y. Cr. 166.

§ 1310. Conversion of materials furnished to a person for purpose of being manufactured.

Any person who shall wilfully pawn, pledge, sell or convert to his or her own use any material furnished to him or her for the purpose of being manufactured, if the same be of the value of more than twenty-five dollars, shall, upon conviction thereof, be adjudged guilty of grand larceny, and imprisoned in a state prison for a term not exceeding five years, but if the same be of the value of twenty-five dollars or under, he or she shall, upon conviction, be adjudged guilty of petit larceny, and be punished by imprisonment in a county jail not exceeding six months, or by fine not exceeding one hundred dollars, or by both such fine and imprisonment.

Nothing in this section contained shall be deemed or held to discharge any mechanic's lien, or right of lien in favor of any employee as now recognized by law.

Derivation: L. 1881, ch. 419, §§ 1, 2.

ARTICLE 124.

LEGISLATURE.

SECTION 1320. Preventing the meeting or organization of either branch of the

legislature.

1321. Disturbing the legislature while in session.

1322. Compelling adjournment.

1323. Intimidating a member of the legislature.

1324. Compelling either house to perform or omit any official act.

1325. Altering draft of bill.

1326. Altering engrossed copy.

1327. Bribery of members of the legislature.

1328. Receiving bribes by members of legislature.

1329. Witnesses refusing to attend before the legislature or legisla

tive committees.

1330. Refusing to testify.

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

§ 1320. Preventing the meeting or organization of either branch of the legislature.

A person who wilfully and by force or fraud prevents the legislature of this state, or either of the houses composing it, or any of the members thereof, from meeting or organizing, is punishable by imprisonment in a state prison not less than five years nor more than ten years, or by a fine of not less than five hundred dollars, nor more than two thousand dollars, or by both.

Derivation: Penal Code, § 59.

§ 1321. Disturbing the legislature while in session.

A person who wilfully disturbs the legislature of this state, or either of the houses composing it, while in session, or who commits any disorderly conduct in the immediate view and presence of either house of the legislature, tending to interrupt its proceedings or impair the respect due to its authority, is guilty of a misdemeanor.

Derivation: Penal Code, § 60.

§ 1322. Compelling adjournment.

A person who willfully and by force or fraud compels or attempts to compel the legislature of this state, or either of the

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