New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-12-01
THE PENAL CODE,


the New-York Penal Code took Effect may be doubt
full. They can dc so If they choose. rHE TRIBUNE
gave an account of the preparation and general
purpose of this measure at the time Of IT'S passage IN
1881. Now that il becomes obligatory law many
persons who have hitherto postponed giving atien-
ton to its details will wish to know whether it
merely re-states existing laws or what novel Jules
and penalties it introduces.
Treason is covered by four sections embodying
familiar rules Public officers arc declared punish
able for vari rus misGeeds heretofore unlawful and
are protected by new provisions against attempt
ing to prevent or frghten them from performance
OF duty or to intrude into public Offices. The Leg
islature has done handsomely by itself in twelve
sections furnishing 7arious forms Of interference
with its business, which new except those Iela-
ting to bribery. Bribery of judges jurors and
court officers is treated according to the old law
and so substantially, are rescues and eecapes of
prisoners. There is q provision making t
felony to put forged deeu on Record, winch VIII
have wholesome tendency to prevent real es:ate
swndies. Perjury is treated in manner which
! appeat. new. but in reality the chapter gives one
simple definition supelsedIng score oil former
statutes with brief rules embOiyGg the substance
OF perhaps q hundred decisions. Under Falsely
| ing evidence and "Utner ofenses against publc
| iusticeD are "A tewArw enactmenis intermInglel
| with familiar laws.
! Conspiracy is topic on which many persons
specially Interested in tho liberties OF the working
classes have thought the Penal Code obJectionaoly
harsh: but were they to compare it with former
law, they would ind it contains hing new 10 re-
strict honest work pIen from assOclatlng. To at
temnt suicide or To aid another person In attempt
ing it Is made punishable, which Is new. The
definitions Df murder, manslanghter. etc., arc
framed in fresh language. AMI are, we thlnS-s
| pGed and improved, aud the VARIOUS punish
! ments pronounced for the killing OF a human being
! by attempting to produce miscarriage Negligent
| use OF machinery, allowing savage animals 10 90
at large. overlooking passenger Vessels careless
! management oil steam hoilers. malpractice of ply
! sIcan-, storing gunpOwder Improperly, etc, arc
all substantially conformable to the present law.
Tie old law of manning is gwen IN subs ance with
new provisions furnishing one VINO mains himself
| either 10 escape military other legal duty or to
| excite sympathy and obtain aims. kidnapping
Ste s to stand substantially as heretofore aud :" no
assault and robbery. except thata third degrees OF
these is mentioned, Including such forms rs here
tolore have not been punishable by any express
law, but now are subject assault to imprisonment
not exceed.ng'a year and fine not exceeding 300.
robbery To not more than ten years Imprisonment.
There is O long definition of tho right OF self
defence but it to be founded on what tbs
courts nave long flhce ueCldcu L ho Ia" VI ""N'"b
seems to stand unchanged.
Libel is treated according to existing laws and
decisions; and if there some rules which ought
TO be- mod led in the light OF modern progress the
Code is nut in fault for them. The Sum
day laws ha Ve been placed distinctly on
the ground that their sole object IL to protect
81 th, repose aud religious liberty of the cOnmun-
itv from interruption any desire to promote
religions observance being implicitly disayOwed.
The various offences particularly affecting women
and children or involving the sexual relation aud
public decency are covered by great variety Of
provisions all OF which ale, prOesredly at least, re-
statements of existing law. The right and duty OF
burial of the dead defined anew. and 10 the
former laws against body stealing and disturbing
graves are added prohibitions upon disturbing ANY
fInerai or OBTAINING any corpse awaiting burial
thus hereafter, an cApressnlan or undertaker WHO
claims lea OH human remains N his charge ioi
paymert OF his fees may he fined and imprisoned.
I here seem no important changes IN the laws
against lotteries gambling and ths many mscel
lannon's offences which Till title XI except one
furnishing for mIsdemsauor any innkeeper or car
rier who refuses to receive any guest or passenger
an enactment tending more to rnlarge the lIber-
ties of Jews ut Saratoga and c0IoIed people on their
travels than to infringe popular rights anywhere.
But throughout tArse portions Ui the Code MS we'll
a, i'm somewhat less Important Parts which follow,
INT which caunot BOW be nnuutciy described. il is
Noticeable that the FesearCh Of tire craftsmen has
bronpht in many laws old that they have been
forqottep a. we'll as some 50 recent that they are
not generally known.
Thus many sections not as they /
may seem. Provisions in the later par
of the book winch are in substance 2 dticns |
to the present statute law of the State though /
,ften snppurtable by common law principles. are,
ono somewhat extending the punishment of /
nuisauccs: and others punshIng tho iIaudalent |
vejehtng OF packages OF merchandise. adulteTat.
inc beverages. Inc licines food, or dlspusng Of |
tainted food obstructng efforts Of liremen caves
sroppIng: lettering 1T scene of riot; bettug on
prize ght; shooting. etc. in public places hin-
dering collection of revenue appropnating treas
ure trove articles found sneakiug INTO Il build
ing at gt for criminal puI poses forging selling
forged postage stlwps; using bogus checks or
drafts: compelling person to sign paper; de- /
stroying insured property presenting false claims
for losses Keeping false weights though Without
selling by them; signing persons naI.e ~ pros
pectus etc. without his leave; overdrAwing his
persona account by any bank officer. or his taking
deposit after the bank has failed laying explo-
siyes TO iniure buildings; iniunng books. works of
art ETC. In libraries aud museums, or furniture.
etc. in churches; maloiously destroying or MUIR
ing property generally breaking oil from work IN
such way as Intentionally to ondangur life or pro-
psrty and publishing false messages or pfoclama-
lions OF "A President or Governor. There are also
comprehensive provisions which tnO courts may find