"An order having been made on the

day of

18-, by the court of (naming the court,) that A. B. be admitted to bail in the sum of dollars, in an action pending in that court against him in behalf of the people of the state of New York, upon an [information, presentment, indictment, or appeal, as the case may be.]

"We, A. B., defendant (and if the defendant join in the undertaking,) C. D., surety of [stating his place of residence and occupation,] and E. F., surety of [stating his place of residence and occupation,] hereby undertake, that the above-named A. B. shall appear in that or any other court, in which his appearance may be lawfully required, upon that [information, presentment, indictment or appeal, as the case may be,] and shall at all times render himself amenable to its orders and process, and appear for judgment, and surrender himself in execution thereof; or if he fail to perform either of these conditions, that we will pay to the people of the state of New York the sum of dollars," [inserting the sum in which the defendant is admitted to bail.] Code Crim. Pro., § 605.

168 Qualifications of bail. The bail must possess the qualifications, and must be put in, in all respects, in the manner prescribed by sections 569 to 577, inclusive. Code Crim. Pro., § 606.

For earlier laws on this subject see Birdseye's Chronological Table of Statutes under L. 1801, Revised Acts, c. 65; (1 K. & R. pp. 289, 290) c. 70, p. 304; c. 105, p. 392; 1 R. L. 1813, c. 57, p. 357; 2 id. c. 65, p. 148; c. 104, p. 507; also 2 Revised Statutes, 348-351.

OF ABSCONDING PERSON; see Poor Law, § 164.

AIDING; see Executions, § 142; Public Officers Law, § 112.

IN ANOTHER COUNTY; see Arraignment, §5.

OF APPRENTICE; see Domestic Relations Law, SS 77c, 77d.

ON BENCH WARRANT; see Arraignment, §§ 4, 7; Bench Warrant; Judgment, etc., §§ 101

105.

CASES WHEN NOT ALLOWED; see Constitution, § 6; Courts, §§ 15, 16; Joint-Stock Association Law, § 15; Judgment, etc., § 80.

IN CITY COURT OF NEW YORK; see New York, §§ 29, 34, 37, 48-56.

COMBINED WITH OTHER PROVISIONAL REMEDIES; see Provisional Remedies, § 1.
CONSPIRACY TO PROCURE; see Conspiracy, § 1.

FOR CONTEMPT; see Contempt.

BY CORONER; see Coroners, §§ 3-11.

OF DEAD BODY; see Burial, § 7.

OF DEBTOR IN SUPPLEMENTARY PROCEEDINGS; see Supplementary Proceedings, §§ 6-9, 22. DELAY IN BRINGING BEFORE MAGISTRATE; see Public Officers Law, § 109.

OF DISORDERLY PERSONS; see Disorderly Persons, § 8; Poor Law, § 164.

FOR DEPOSITING ASHES, ETC., IN NORTH RIVER; see New York Harbor, § 21.

BY ELECTION OFFICIALS; see Election Law, § 15.

ESCAPE FROM; see Escapes; Executions, §§ 133, 142.

ON EXECUTION; see Executions, §§ 11, 128-135.

OF FATHER OF BASTARD; see Bastardy, §§ 4, 6, 7.
OF FUGITIVES FROM JUSTICE; see Fugitives, etc.
IMPRISONMENT; see Jails; Jail Liberties.

INQUIRY INTO; see Habeas Corpus.

OF INSOLVENT DEBTOR; see Insolvency, $$ 37-51, 65.

FOR INTOXICATION; see Liquor Tax Law, $ 40.

OF INTRUDERS ON INDIAN LANDS; see Indian Law, § 8.

OF JOINT DEBTORS; see Joint Debtors, § 9.

IN JUSTICES' COURTS; see Justices' Courts, SS 17, 34-44, 96, 107, 119, 121, 162, 176, 254, 258, 269, 270; New York, §§ 71, 77, 78, 81.

FOR KILLING OR WOUNDING; see Coroners, §§ 12, 18-23, 33.

UNDER MILITARY CODE; see Military Code, § 224.

ON MOTION OF DEFENDANT; see Provisional Remedies, § 2.

NE EXEAT; see Assignments for Benefit of Creditors, § 20.

FOR NON-PAYMENT OF FINE; see Fines, etc., § 4.

OF OFFICER OF MUNICIPAL CORPORATION; see Municipal Law, § 38.

OF OUTLAW; see Outlawry, § 12.

PRIVILEGE FROM; see Canal Law, § 31; Evidence, §§ 34–39; Legislative Law, §§ 2, 4; Military Code, § 148.

FOR PRIZE FIGHTING; See Prize Fighting, §§ 6, 7.

PROVISIONS CONCERNING, CONSTRUED; see Actions, § 78; Code of Civil Procedure, § 7. REFUSAL TO MAKE; see Public Officers Law, § 113.

IN REPLEVIN SUIT; see Chattels, § 26.

OF RIOTERS; see Mobs and Riots, § 11.

BY SHERIFF; see Sheriff, $$ 15-28, 81; County Law, § 183.
SUMMARY; see Habitual Criminals, §§ 6, 8.

ON SUNDAY; see Courts, § 6; Sunday, § 10.

BY SUPERINTENDENT OF PUBLIC WORKS; see Canal Law, § 27.

FOR TRESPASS ON FOREST PRESERVE; see Fisheries, etc., Law, § 282.
UNLAWFUL; see Oppression, § 1; Public Officers Law, § 110.

OF USURPER OF OFFICE; see Actions, § 51.

OF VAGRANT; see Vagrants, §§ 3, 6-10, 15.

FOR VIOLATING EXCISH LAW; see Liquor Tax Law, §§ 34, 37.

FOR VIOLATING FISH AND GAME LAW; see Fisheries, etc., Law, § 243.

FOR VIOLATING QUARANTINE REGULATIONS; see Public Health Law, SS 101, 131e, 131f. OF OFFICERS OF JOINT-STOCK ASSOCIATIONS; see Joint-Stock Association Law, § 15.

Bail.

ACKNOWLEDGMENT OF; see Executive Law, § 88.

ADMISSION TO; see Arraignment, § 6; Commitment, SS 3-5, 22, 25, 29; Indictment, § 35; Supreme Court, § 14; Trials, §§ 278, 279, 369, 372-376.

ON APPEAL; see Appeals, § 126.

DISPOSITION OF BOND; see Commitment, § 34.

EXCESSIVE; see Constitution, § 5; Rights, Bill of, § 17.

EXONERATION OF; see Appeals, § 100; County Courts, § 8; Dismissal, § 4; Indictment, §§ 34, 45; Insanity Law, § 177; Judgment, etc., § 96; Trials, §§ 280, 282, 327.

FICTITIOUS; see Courts, § 14; False Personation, § 1.

JUSTIFICATION; see New York, §§ 32, 39.

PROSECUTION OF BOND; see Disorderly Persons, § 13.

REFUSED; See Executions, § 85; Real Property Law, § 254.

ON REMOVAL OF ACTION; see County Courts, § 8.

See also Undertakings.

ARREST OF JUDGMENT.

ARSENAL.

See Judgment, etc., §§ 93-96.

See Malicious Mischief, § 5; Military Code, §§ 336, 338.

ARSON.

1 First degree. A person who willfully burns, or sets on fire, in the night time, either

1. A dwelling-house in which there is, at the time, a human being; or 2. A car, vessel, or other vehicle, or a structure or building other than a dwelling-house, wherein, to the knowledge of the offender, there is, at the time, a human being;

Is guilty of arson in the first degree.

Pen. Code, § 486.

21 How. Pr. 239; 1 Park. 252; 3 Hun, 310; 16 Johns. 203; 4 C. H. Rec. 77; 19 N. Y. 537; 1 Park. 560; 2 C. H. Rec. 85; 18 Johns. 115; 5 C. H. Rec. 81; 5 T. & C. 539; 5 Park. 243; 22 N. Y. 178; 5 Park. 198; 7 Alb. L. J. 171; 62 N. Y. 117, aff'g 3 Hun, 310; 18 Johns. 115; 137 N. Y. 68; 65 Hun, 77; 47 N. Y. St. R. 335; 50 id. 3; 19 N. Y. Supp. 865.

2 Second degree. A person who,

1. Commits an act of burning in the day time, which, if committed in the night time, would be arson in the first degree; or

2. Willfully burns, or sets on fire, in the night time, a dwelling-house wherein, at the time there is no human being; or

3. Willfully burns, or sets on fire, in the night time, a building not inhabited, but adjoining or within the curtilage of an inhabited building, in which there is, at the time, a human being, so that the inhabited building is endangered, even though it is not in fact injured by the burning; or

4. Willfully burns, or sets on fire, in the night time, a car, vessel, or other vehicle, or a structure or building, ordinarily occupied at night by a human being, although no person is within it at the time;

Is guilty of arson in the second degree. Pen. Code, § 487.

3 Park. 59; 5 id. 243; 65 Hun, 77; 77 id. 498; 47 N. Y. St. R. 335; 19 N. Y. Supp. 865.

3 Third degree. A person who willfully burns, or sets on fire, either

1. A vessel, car, or other vehicle, or a building, structure, or other erection, which is at the time insured against loss or damage by fire, with intent to prejudice the insurer thereof; or

2. A vessel, car, or other vehicle, or a building, structure, or other erection, under circumstances not amounting to arson in the first or second degree; Is guilty of arson in the third degree. Pen. Code, § 488.

1 Park. 560; 19 N. Y. 537; 22 id. 178; 4 Park. 593; 21 How. Pr. 239; 5 Park. 198; 45 N. Y. 153; 65 Hun, 77; 47 N. Y. St. R. 335; 50 id. 4; 69 id. 199; 19 N. Y. Supp. 865. 4 How punished. Arson is punishable as follows:

1. In the first degree, by imprisonment for a term not exceeding forty years. 2. In the second degree, by imprisonment for a term not exceeding fifteen

years.

3. In the third degree, by imprisonment for a term not exceeding seven years. Pen. Code, § 489, as am'd L. 1892, c. 662, and L. 1895, c. 902.

5 Intent to destroy building requisite. The burning of a building under circumstances which shows beyond a reasonable doubt that there was no intent to destroy it, is not arson. Pen. Code, § 490.

18 Johns. 115; 19 N. Y. 537; 137 id. 68; 65 Hun, 77; 47 N. Y. St. R. 335; 50 id. 3; 19 N. Y. Supp. 865.

6 Contiguous buildings. Where an appurtenance to a building is so situated with reference to such building, or where any building is so situated with reference to another building that the burning of the one will manifestly endanger the other, a burning of the one is deemed a burning of the other, within the foregoing provisions, against any person actually participating in the original setting on fire, as of the moment when the fire from the one communicates to and sets on fire the other. Pen. Code, § 491.

21 How. Pr. 239; 62 N. Y. 117, aff'g 3 Hun, 310; 3 Park. 59.

7 "Night time," and "dwelling house" defined. The words "night time," as used in this chapter, include the period between sunset and sunrise, and every building or structure, which shall have been usually occupied by persons lodging therein at night, is a dwelling-house within the meaning of this chapter. Pen. Code, § 492.

1 Park, 252, 560; 18 Johns. 115.

66

8 Building" defined. Any house, vessel, or other structure, capable of affording shelter for human beings, or appurtenant to, or connected with a structure so adapted, is a "building" within the meaning of this chapter. Pen. Code, § 493.

59 Hun, 80; 55 N. Y. St. R. 493; 13 id. 128.

9

“Inhabited building" defined. A building is deemed an "inhabited building" within the meaning of this chapter, any part of which has usually been occupied by a person lodging therein at night. Pen. Code, § 494.

1 Park. 252; 18 Johns. 115.

10 Ownership of building. To constitute arson it is not necessary that another person than the defendant should have had ownership in the building set on fire. Pen. Code, § 495.

19 N. Y. 537; 3 How. Pr. 226.

See also Conspiracy, § 4; Homicide, § 5; Insurance Law, § 328; Malicious Mischief, § 2; Shipping, § 40.

For earlier laws on this subject, see Birdseye's Chronological Table of Statutes, under L. 1801, Revised Acts, c. 58 (1 K. & R. 253); 1 R. L. 1813, c. 29, pp. 407-409; and see 2 R. S. 656, 657, 666-668.

ART ASSOCIATIONS.

Note. These corporations were formerly chartered under L. 1848, c. 319, and L. 1875, c. 267. (See Birdseye's R. S., 1st ed., pp. 260, 2725.) Now they are to be chartered under the Membership Law.

See Fisheries, etc., Law, § 189.

ARTHUR KILL.

ARTICLES OF CONFEDERATION.

L. 1778, c. 3; L. 1779, c. 30, and L. 1785, c. 63.

See Domestic Commerce Law, § 281.

ARTIST.

ASHES.

See Fisheries, etc., Law, §§ 185, 275; Food, § 5; New York Harbor.
ASHFORD, TOWN OF.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 66.

ASHLAND, TOWN OF, IN CHEMUNG COUNTY.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 68.

ASHLAND, TOWN OF, IN GREENE COUNTY.

For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 37.

1 First degree. A person who, with an intent to kill a human being, or to commit a felony upon the person or property of the one assaulted, or of another, 1. Assaults another with a loaded fire arm, or any other deadly weapon, or by any other means or force likely to produce death; or

2. Administers to or causes to be administered to or taken by another, poison, or any other destructive or noxious thing, so as to endanger the life of such other;

Is guilty of assault in the first degree. Pen. Code, § 217.

1 C. H. Rec. 117; 3 id. 73; 2 Park. 24; 3 Hun, 164; 5 T. & C. 265; 1 Park. 327; 1 Hun, 311; 3 T. & C. 699; 5 Park. 105; 5 C. H. Rec. 95; 50 N. Y. 598, 603; 9 W. D. 384; 69 N. Y. 101; 2 N. Y. Cr. R. 319; 45 Hun, 157; 48 id. 321; 55 id. 214; 60 id. 109; 9 Misc. 600; 33 N. Y. St. R. 370; 38 id. 108; 61 id. 727; 63 id. 154; 2 N. Y. Supp. 311; 8 id. 242; 11 id. 365; 12 id. 366; 14 id. 485; 26 id. 222.

2 Second degree. A person who, under circumstances not amounting to the crime specified in the last section:

1. With intent to injure, unlawfully administer* to, or causes to be administered to, or taken by another, poison, or any other destructive or noxious thing, or any drug or medicine the use of which is dangerous to life or health; or

2. With intent thereby to enable or assist himself or any other person to commit any crime, administer* to, or causes to be administered to, or taken by another, chloroform, ether, laudanum, or any other intoxicating narcotic, or anesthetic agent; or

3. Willfully and wrongfully wounds or inflicts grievous bodily harm upon another, either with or without a weapon; or

4. Willfully and wrongfully assaults another by the use of a weapon, or other instrument or thing likely to produce grievous bodily harm; or

55 Hun, 214.

5. Assaults another with intent to commit a felony, or to prevent or resist the execution of any lawful process or mandate of any court or officer, or the lawful apprehension or detention of himself, or of any other person;

74 Hun, 268.

Is guilty of an assault in the second degree. Pen. Code, § 218, as am'd L. 1882, c. 384.

60 N. Y. 101; 32 id. 525; 50 Barb. 128; 2 N. Y. Cr. R. 171, 108, 112; 3 id. 117; 4 id. 193; 41 Hun, 332, 340; 48 id. 321; 9 Misc. 600; 33 N. Y. St. R. 370, 791; 48 id. 307; 56 id. 304: 61 id. 727; 2 N. Y. Supp. 311; 6 id. 220; 7 id. 548; 8 id. 248, 370; 11 id. 364, 464; 12 id. 366; 26 id. 417.

3 Third degree. A person who commits an assault, or an assault and battery, not such as is specified in the foregoing sections of this chapter, is guilty of assault in the third degree. Pen. Code, § 219.

1 C. H. Rec. 39; 1 Wh. Cr. C. 405; 5 C. H. Rec. 95; 6 id. 9; 1 Wh. Cr. C. 364; 1 C. H. Rec. 52; 45 Barb. 262; 43 N. Y. 152; 47 Barb. 592; 2 Park. 10; 18 Hun, 330; 3 N. Y. Cr. R. 117, 119; 34 N. Y. St. R. 642; 23 id. 704.

4 Punishment: first degree. Assault in the first degree is punishable by imprisonment for a term not exceeding ten years. Pen. Code, § 220, as am'd L. 1892, c. 662.

60 Hun, 109; 38 N. Y. St. R. 108; 14 N. Y. Supp. 485. So in the original.

Ante, §§ 1, 2.

5 Same: second degree. Assault in the second degree is punishable by imprisonment in a penitentiary or state prison for a term not exceeding five years, or by a fine of not more than one thousand dollars, or both. Pen. Code, § 221, as am'd L. 1892, c. 662.

2 N. Y. Cr. R. 108, 112; 41 Hun, 332, 340; 33 N. Y. St. R. 369; 11 N. Y. Supp. 365. 6 Same: third degree. Assault in the third degree is punishable by imprisonment for not more than one year, or by a fine of not more than five hundred dollars, or both. Pen. Code, § 222.

32 Hun, 540; 28 Alb. L. J. 520; 97 N. Y. 212; 34 N. Y. St. R. 642; 65 id. 164; 6 N. Y. Supp. 96; 12 id. 366; 65 N. Y. St. R. 164.

7 Force or violence, when not unlawful.

To use or attempt, or offer to use,

force or violence upon or towards the person of another is not unlawful in the following cases:

1. When necessarily committed by a public officer in the performance of a legal duty; or by any other person assisting him or acting by his direction;

2. When necessarily committed by any person in arresting one who has committed a felony, and delivering him to a public officer competent to receive him in custody;

3. When committed either by the party about to be injured or by another person in his aid or defense, in preventing or attempting to prevent an offense against his person, or a trespass or other unlawful interference with real or personal property in his lawful possession, if the force or violence used is not more than sufficient to prevent such offense;

4. When committed by a parent or the authorized agent of any parent, or by any guardian, master, or teacher, in the exercise of a lawful authority to restrain or correct his child, ward, apprentice or scholar, and the force or violence used is reasonable in manner and moderate in degree;

5. When committed by a carrier of passengers, or the authorized agents or servants of such carrier, or by any person assisting them, at their request, in expelling from a carriage, railway car, vessel or other vehicle, a passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force or violence used is not more than sufficient to expel the offending passenger, with a reasonable regard to his personal safety;

6. When committed by any person in preventing an idiot, lunatic, insane person, or other person of unsound mind, including persons temporarily or partially deprived of reason, from committing an act dangerous to himself or to another, or in enforcing such restraint as is necessary for the protection of his person or for his restoration to health, during such period only as shall be necessary to obtain legal authority for the restraint or custody of his person. Pen. Code, § 223. 2 N. Y. 193; 46 Barb. 625; 54 id. 342; 2 Keyes, 360; 1 Park. 154; 4 id. 35; 7 N. Y. 396; 45 id. 213; 3 Hun, 716; aff'd, 63 N. Y. 625; 5 Lans. 261; 11 Abb. N. S. 245; 47 Barb. 592; 45 id. 262; 6 id. 607; 3 Park. 234; 20 Barb. 16; 3 Park. 249; 7 N. Y. Leg. Obs. 89: 1 Wh. Cr. C. 101; 4 Duer, 642; 1 C. H. Rec. 55; 1 Wh. Cr. C. 155; 15 N. Y. 455; 46 id. 23; 23 id. 343; 10 Abb. N. S. 60; 21 Abb. N. C. 26, n.; 52 N. Y. St. R. 734; 23 N. Y. Supp. 701.

See also Arrest, § 61; Code of Civil Procedure, § 3; Costs, § 23; Courts of Special Sessions, § 1; Courts, § 5; Executors, etc., § 166; Justices' Courts, § 3; Limitations, § 23; Maiming, § 5; New York, §§ 7, 48; Robbery.

For earlier laws on this subject see Birdseye's Chronological Table of Statutes, under L. 1801, Revised Acts, c. 60 (1 K. & R. 264); 1 R. L. 1813, c. 29, p. 409; and see 2 R. S. 665, 666.

ASSEMBLAGE.

DISTURBANCE OF; see Disturbance of Meetings.

PEACEABLE, ALLOWED; see Conspiracy, § 3; Constitution, § 9.

UNLAWFUL; see Unlawful Assemblies.

ASSEMBLY, THE.

APPORTIONMENT AND ELECTION OF MEMBERS; see Constitution, §§ 26-29; Election Law, SS 4, 8, 9, 57, 58.

BRIBERY OF MEMBERS; see Executive Law, § 52.