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Goodrich v. People (1859), 19 N. Y. 574; People v. Parker (1868), 38 N. Y. 85; Hartman v. Sun Printing & Pub. Assoc. (1902), 74 App. Div. 282, 284, 77 N. Y. Supp. 538; People v. Beaman (1905), 102 App. Div. 151, 92 N. Y. Supp. 295, 19 Crim. Rep. 87.

§ 1751. Violations of the agricultural law.

Any person who disregards, disobeys or violates any proclamation, notice, order or regulation, lawfully issued or prescribed by the commissioner of agriculture, for the suppression or prevention of the spread of infectious or contagious diseases among domestic animals, or who violates any of the provisions of sections three hundred and three hundred and four of the agricultural law, is guilty of a misdemeanor.

Derivation: Penal Code, § 408a, added L. 1893, ch. 692, amended L. 1894, ch. 426; L. 1897, ch. 554.

People v. Piat (1897), 19 Misc. 131, 43 N. Y. Supp. 231; People v. Armour (1897), 18 App Div. 584, 46 N. Y. Supp. 317; People v. Beaman (1905), 102 App. Div. 1151, 92 N. Y. Supp. 295, 19 Crim. Rep. 87.

1752. Having narcotics in possession.

1. A person, other than a duly licensed physician or surgeon engaged in the lawful practice of his profession, who has in his possession any narcotic or anæsthetic substance, compound or preparation, capable of producing stupor or unconsciousness, with intent to administer the same or cause the same to be administered to another, without the latter's consent, unless by direction of a duly licensed physician, is guilty of a felony, punishable by imprisonment in the state prison for not more than ten years.

2. The possession by any person, other than as exempted in the foregoing subdivision, of any such narcotic or anesthetic substance or compound, concealed or furtively carried on the person, is presumptive evidence of an intent to administer the same or cause the same to be administered in violation of the provisions of this section.

Derivation: Penal Code, § 412, added L. 1897, ch. 42. The original section 412 was repealed L. 1882, ch. 544.

§ 1753. Articles in imitation of food.

A person, who sells or manufactures, exposes or offers for sale as an article of food, any substance in imitation thereof, without

disclosing the imitation by a suitable and plainly visible mark or brand, is guilty of a misdemeanor.

Derivation: Penal Code, § 430.

§ 1754. Putting noisome or unwholesome substances in highway.

A person, who deposits, leaves or keeps, on or near a highway or route of public travel, either on the land or on the water, any noisome or unwholesome substance, or establishes, maintains or carries on, upon or near a public highway or route of public travel, either on the land or on the water, any business, trade or manufacture which is noisome or detrimental to public health, is guilty of a misdemeanor, punishable by a fine of not less than one hundred dollars, or by imprisonment not less than three nor more than six months, or both.

Derivation: Penal Code, § 431.

§ 1755. Obstructing passage of ambulance.

A person, who wilfully stops or obstructs the passage of any ambulance or vehicle used for the transportation of sick or wounded persons or animals upon any public street, highway or place, or who wilfully injures the same, or wilfully drives any vehicle into collision therewith, is guilty of a misdemeanor. All sheriffs, constables and police officers must, when called upon by the persons in charge of such ambulance or vehicle, aid in placing sick or wounded persons or animals therein, and in enforceing the provisions of this section.

Derivation: Penal Code, § 432.

§ 1756. Exposing person affected with a contagious disease in a public place.

A person, who wilfully exposes himself or another, affected with any contagious or infectious disease, in any public place or thoroughfare, except upon his necessary removal in a manner not dangerous to the public health, is guilty of a misdemeanor.

Derivation: Penal Code, § 434.

Matter of Boyce (1904), 43 Misc. 297, 88 N. Y. Supp. 841.

§ 1757. Spraying fruit trees with poison.

Any person who shall spray with, or apply in any way poison

or any poisonous substance, to fruit trees while the same are in blossom, is guilty of a misdemeanor, punishable by a fine of not less than ten dollars nor more than fifty dollars for each offense; provided, however, that nothing in this section shall prevent the directors of the experimental stations at Ithaca and Geneva from conducting experiments in the application of poison and spraying mixtures to fruit trees while in blossom.

Derivation: L. 1898, ch. 325.

§ 1758. Contamination of salt wells.

A person who wilfully places, introduces or causes to flow or enter into any spring, brook or body of water, which is used in the manufacture of salt, or into any salt well, or salt mine, or into any cavity or reservoir beneath the surface of the earth from which salt or brine is taken or used in the manfacture of salt, any impure or deleterious substance or thing whatsoever, which is liable to pollute the waters thereof, or the brine or salt taken or manufactured therefrom, provided that this act shall not interfere with any existing system of drainage or sewerage, is punishable by imprisonment in a penitentiary or state prison for not more than five years or by a fine of not more than two thousand dollars, or by both such fine and imprisonment.

Derivation: Penal Code, § 447e, added L. 1901, ch.528.

§ 1759. Throwing gas tar or refuse into public waters.

A person, who throws or deposits gas tar, or the refuse of a gas house or gas factory, or offal, refuse, or any other noxious, offensive, or poisonous substance into any public waters, or into any sewer or stream running or entering into such public waters, is guilty of a misdemeanor.

Derivation: Penal Code, § 390.

Mayor, etc. v. Furgueson (1881), 23 Hun, 594.

§ 1760. Wilfully poisoning food.

A person who wilfully mingles poison with any food, drink or medicine, intended or prepared for the the use of human beings, and a person who wilfully poisons any spring, well or reservoir of water, is punishable by imprisonment in a state prison not exceeding ten years, or in a county jail not exceeding

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§ 1761. Acts of intoxicated physicians.

A physician or surgeon, or person practicing as such, who, being in a state of intoxication, administers any poison, drug or medicine, or does any other act as a physician or surgeon, to another person, by which the life of the latter is endangered, or his health seriously affected, is guilty of a misdemeanor.

Derivation: Penal Code, § 357.

§ 1762. Misconduct of veterinary surgeons.

A person who presents to a county clerk for registration as a practitioner of veterinary medicine or surgery any diploma or certificate fraudulently obtained or practices veterinary medicine and surgery without complying with or contrary to law, is guilty of a misdemeanor. This section shall not be constructed to prohibit students from prescribing under the supervision of preceptors, or to prohibit gratuitous services in case of emergency, or the services of an authorized practitioner of a neighboring state when incidentally called into requisition.

Derivation: Penal Code, § 356, added L. 1893, ch. 692.

People v. Nyce (1884), 3 N. Y. Cr. 50, 34 Hun, 298; Wiel v. Cowles (1887), 45 Hun, 307; People v. Fulda (1889), 52 Hun, 65, 4 N. Y. Supp. 945, 7 N. Y. Cr. 1, 4, note, 4 N. Y. Cr. 139.

§ 1763. Illegal practice of embalming.

Any person violating any provision of section two hundred and ninety-eight of the public health law, or any of the rules and regulations in reference to the business and practice of embalming human dead bodies, made and duly approved as by article fourteen of said public health law prescribed, is guilty of a misdemeanor.

Derivation: L. 1898, ch. 555, § 10.

ARTICLE 168.

PUBLIC JUSTICE.

SECTION 1780. Disclosure of deposition taken by a magistrate.

1781. Disclosure of depositions returned by grand jury with presentment.

1782. Disclosing fact of indictment having been found.

1783. Grand juror disclosing what transpired before the grand jury. 1784. Stenographer disclosing evidence taken before grand jury. 1785. Instituting suit in false name.

1786. Maliciously procuring search warrant.

1787. Combinations to resist execution of process.

1788. Re-confining person discharged upon writ.

1789. Concealing persons entitled to writ of deliverance.

1790. Liquors not to be sold in court-house during court.

1791. Bringing liquors into or selling within jails prohibited.
1792. Misconduct of officer having charge of jurors.

§ 1780. Disclosure of deposition taken by a magistrate.

A magistrate or clerk of any magistrate who wilfully permits any deposition taken on an examination of a defendant before such magistrate, and remaining in the custody of such magistrate or clerk, to be inspected by any person, except a judge of a court having jurisdiction of the offense, the attorney-general, the district attorney of the county and his assistants, the complainant and his counsel, and the defendant and his counsel, is guilty of a misdemeanor.

Derivation: Penal Code, § 145, as amended L. 1888, ch. 145.

§ 1781. Disclosure of depositions returned by grand jury with presentment.

A clerk of any court who wilfully permits any deposition returned by a grand jury and filed with such clerk, to be inspected by any person, except the court, the deputies or assistants of such clerk, and the district attorney and his assistants, until after the arrest of the defendant, is guilty of a misdemeanor.

Derivation: Penal Code. § 146.

Smith v. Botens, 13 N. Y. Supp. 224.

§ 1782. Disclosing fact of indictment having been found. A judge, grand juror, district attorney, clerk, or other officer,

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