New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-12-01
THE NEW PENAL CODE.
TO GO INTO EFFECT TO-DAY.
,uv ra1Rp OF TIE SERIES or STATE CoDEs-soME


The new Penal Code goes into operation today:
When first passed by the Legislature and sgned py
the Governor the bill embodying it prov dded thns
;tshonld GO into o Grafton on May l, 1882. In the
latter part of last April. however, some oppo-
nents of the measure were making enor,s 10 nave
feati,res considered obnox ous or at all events TO
have the time when 1t should go INTO oper'uon
postponed for year OF Two tnaed mill to-
day. The friends of the Code were SATISFIED WIN
the arrangement, because the bill would 60 INTO
effect when the Legislature was not IN session. ana
then the worst that any future Legislature couid
do il was argued, would he to amend ~
This Is the third of the series OF State cnnes plI
yided for under the legislation OF lS4S LUG 80 ~
at Civil Procedure which in its complete form mas
been in operation for more than two ychsi WI S
successor of the Code of Procedure WHICH han oeSn
I'm oneration .rore than thirty years lt covers the
methods of judicial procedure In civil cases, no
Code OF CRIMINAL PROCEDURE WHICH Wen' rn,v fr
ot;on In 1881 covers the corresponding RIouu ioi
The criminal courts. The Civil Code, whch Is y
codificat on of the civil common Jaw p assou
The Ie0slature for the second time last summer
6nt again was vetoed by the Governor ms acton
of Governor Cornell was In sympathy WIN ne
general sentiment OF most OF the aoies. Of
The State ana especially OF the Bar Association VI
This CITY These lawyers did rot believe that IL
was possible for any man or any body OF men how
ever able to put the common law that haa oee ~
taking form in the judicial opinions OF the Judges o.
England and America for hundreds OF years INTO
singsoctavo volume OF four or I'VE buhdreu p"g"'i
This Ike the Penal Code and Code OF Crimlnai
Procedure. was larg ly, the WORK w os
David Dudley, Field. and 1t commonly Hh,v was a.
"a
81 would be possible for any man TO DO II put o ~
was believed and 10 believed by many OF the most S
eminent lawyers that the attempt TO carry Oh ' ne
on-ration of courts und the owl Code wouu DC
disastrous Against the Penal Code, when PIT
Formed the corresponding functions for the ciiii,
fact many of the opponents of the Cry code we're
advocates of the Penal Code. The CHER opposiIion
has not been to 1t as whole so in uh w.
To certain provisions which have been thought
by many either to be 100 harsh anu setero u !" Nv
unrepublican and tyrannical In character.
A. n1I onh of
in the making of the Penal Code that
it makes little or no new law; c o,ia'
iication either OF the common Jaw regarding
crime or of the State statutes on the SUBJECT IL
does however, it is conceded, lay down as slatu.o
comrts have exp, essed various and different sent,
meDts Ii also Ievivhesmtny ola statues W 1cn u
been forgo ten because never enforced; ana never
enforced because of the general sen Intent agany
their usefulness proprety In fact the most o.
hen hen supposed to be relegated TO the
limbo of the old colonial " blue laws when they
so nearly resemble. But this Code goes iurl hef .han
fbot II not only reestabshes these old dead laws
and adds 10 obnoxious features OF many OF thei
buI II contains prov sions making certain hets 10 oe
crimes winch never before have been punished as
sucn and not few of which are SeneraLx
supposed to be harmless Ii not innocent acts VI
The intellectual character of the w0rkof its terse-
ness, elearness and freedom from amoiguity-there
has been only one expression of oplllon AUD III
tness respects 1t is forclOly contras'ed Win Slle
many of the provisions of which the cour,s have
worried and differed during the last three OF Ion
years 1t is commonly eApresssH opII99 e1d
has here dispayed comprehensive
and complete knowledge of the common Jaw , ieat-
lug 10 these SUI ecs that is possessed by lew nVng
LAWYERS. Mr. Field does not claim thaJ Tue WoIh,
as it stahds, is free from objectionable features
friends Of this ode that they are such Objections
can easily be removed by ihs alter IL.
has been discovered. by testing tner opci''ons'
what parts should actually DO changed.
Section & of the Code viii explain its
character IL specifies the classes OF persons who
deemed capable Of crimes and iiaOie 10 punlsn'
meat therefor; defines the nature OF the various
crimes aud prescrbes the kind and measure OF pun
ishment to be Inflicted Tor each. The Old DIVISION 0t
crimes iutO felOnles and inlsdemeanOrsl Is gwen "A
feloh v, section live says. ID crime winch may DO
io,I !" Jhe state Prison ANY other crime Is "A ms
demeanor. A question about which there has been
some dispute the courts, where the deiehce
Oh insanity has been pleaded, is disposed OF ny ~
section II. "A person" IL says, Is presumed 10
be responsib for his acts. Tue burden OF proving
tina, he il pOnsibe is upon the accused person.
excep AZ otherwise prescribed III Chis C0Ge" Among
otner exceptions, tnc code provides that child
und r the age of seven years Is not capable Oh com
mi ling crime between the ages OF seven ana
twelve this presumption may nc remover
nv proof person is not excused from
criminal liability as an idiot, mbeene, luna c
or insane person except upon proof mat
at the time of committing this alleged criminal act
he was labcring under such defect OF reason as
either not TO know the nature ana qua1ty OF lne
Act he was dong or not to know that the act was
wrong A morold propensity to commit pToMOlIeu
acts, existing rn.the mlud OF person VINO Is not
shown 10 have been incapable OF Knowing the
wrong OF such acts, forms no defense TO the
prosecution therefor
section 81 gives the ordinary definition OF treason
pnd prescnbcs death as It's punishment, Al y
the chapter concerning bribery and corruption IL Is
provided section TO- that person VINO attelnp' :
Improperly 10 influence juror in criminal actlOn
or proceeding, or one drawn or summoned 10 at
tend as juror, or one chosen an arDluatOt OF ~
pointed a referee in respect to his verdict, jndg-
,inent, report. award OF decision IN any cauSG vi
matter pending about to be brought before MN
in any case . Is guilty OF misdemeanor"
The referee, juror or arbitrator who Is taus I'M
properly influenced may be Imprisoned not more
fhan ten years and fined not more than
$4,000. Section 70 is In regard TO Inc
misconduct OF Officers Az az c cnS craving ACT
which is unfair, partial or improper Oi1cers com
uniting any these acts are declared TO De glly
of misdeIneauor but this section shall not apply
TO the CITY and county D. NeW-1Ork or tie County
Of Kings" l. is declared 10 be felony Tor L
ness to receive br, be influence his testimony Oh
70 keep him from the Witness tdno. Under "a,
head OF Perjury 1t is provided Section lOll tHal
not know 10 be true is equivalent to statement OF
that which he knows tO be false.
mere are many provisions respecting attempts tC
slead courts Of justice or other acts against heli
dignity Section 147 provides that a person con
cerned in any racing, running, or Other trlal
speed between horses or ether animals wltnln one
guilty of miSdemranor" The persons VINO at
tempt TO substitute child for another To deceive
parents, guardIans or the courts, OF VINO haudu
ieutly produce pretended heirs, are TO be severely
punished. the importing of toIelgI cOnvcts by the
masters of vessels without notice 10 the may OF Oh
the city where they are landed Is msdemeanor.
Chapter l OF lite tx is IN regard to suicide ana
contains some singular provisions. " Suicide, says
section ~, tIc intentional taking OF ones own
lie" aud section 173 reads follows: Although
suicide is deemed grave public wrong YET IRON
the i'm possibility of reaching the successful pelpe-
traitor no forfeiture il imposed" Attempts at SUI
cide 10 be severely punished as 1eionies Fol
one wilfulty, III any manner, to advise
encourage, aDet or assist another person
in taxi. the latter's life is man