ably administers any poisonous or noxious drug or substance to an animal, or unjustifiably exposes any such drug or substance with intent that the same shall be taken by an animal, whether such animal be the property of himself or another, is guilty of a misdemeanor. See Code, Cr. Proc., § 56.

§ 661. Throwing substances injurious to animals in public place, a misdemeanor.-A person who willfully throws, drops or places, or causes to be thrown, dropped or placed upon any road, highway, street or public place thereon, any glass, nails, pieces of metal, or other substance which might wound, disable or injure any animal, is guilty of a misdemeanor. [Am'd ch. 523 of 1885.]

§ 662. Keeping milch cows in unhealthy places, and feeding them with food producing unwholesome milk, a misdemeanor.- A person who keeps a cow or any animal for the production of milk, in a crowded or unhealthy place, or in a diseased condition, or feeds such cow or animal upon any food that produces impure or unwholesome milk, is punishable by a fine not less than fifty dollars, or imprisonment not exceeding one year, or by both.

Flanders v. Peo, 4 Alb. L. J., 316.

§ 663. Transporting animals for more than twentyfour consecutive hours, a misdemeanor.- A railway corporation, or an owner, agent, consignee, or person in charge of any horses, sheep, cattle, or swine, in the course of, or for transportation, who confines, or causes or suffers the same to be confined, in cars for a longer period than twenty four consecutive hours, without unloading for rest, water and feeding, during ten consecutive hours, unless prevented by storm or inevitable accident, is guilty of a misdemeanor. In estimating such confinement, the time during which the animals have been confined without rest, on connecting roads from which they

are received, must be computed. If the owner, agent, consignee, or other person in charge of any such animals refuses or neglects upon demand to pay for the care or feed of the animals while so unloaded or rested, the railway company, or other carriers thereof, may charge the expense thereof to the owner or consignee and shall have a lien thereon for such expense.

§ 664. Setting on foot fights between birds and animals, a misdemeanor. A person who sets on foot, instigates, promotes, or carries on, or does any act as assistant, umpire, or principal, or is a witness of, or in any way aids in or engages in the furtherance of any fight between cocks or other birds, or dogs, bulls, bears, or other animals, premeditated by any person owning, or having custody of such birds or animals, is guilty of a misdemeanor punishable by fine not less than ten dollars, nor more than one thousand dollars, or by imprisonment not less than ten days nor more than one year, or both.

§ 665. Keeping, etc., a place where animals are E fought.-A person who keeps or uses, or is in any way connected with, or interested in the management of, or receives money for the admission of any person to, a Louse, apartment, pit or place kept or used for baiting or fighting any bird or animal, and any owner or occupant of a house, apartment, pit or place, who willfully procures or permits the same to be used or occupied for such baiting or fighting, is guilty of a misdemeanor.

§ 666. Running horses on highway.-A person driving any vehicle upon any plank road, turnpike or public highway, who unjustifiably runs the horses drawing the same, or causes, or permits, them to run, is guilty of a misdemeanor.

See Code, Cr., Proc., §§ 56, 57.

§667. Leaving state to elude provisions of this title. -A person who leaves this state with intent to elude any

of the provisions of this title or to commit any act out of this state which is prohibited by them, or who, being a resident of this state, does any act without this state, pursuant to such intent, which would be punishable under such provisions, if committed within this state, is punishable in the same manner as if such act had been committed within this state.

$668. Fines and penalties to whom paid.—All fines, penalties or forfeitures imposed or collected for a violation of the provisions of this Title, or of any act for the prevention or punishment of cruelty to animals, now in force, or hereafter passed, must be paid on demand to the American Society for the Prevention of Cruelty to Animals; and an agent of that society has the same power to arrest, in respect to acts of cruelty to animals, as is conferred by § 293 of this Code, on the agent of an incorporated Society for the Prevention of Cruelty to Children, in respect to acts of cruelty to children.

Stage horse cases, 15 Abb. Pr. (N. S.), 59.

§ 669. Definitions.-1. The word "animal," as used in this Title, does not include the human race, but includes every other living creature;

2. The word "torture" or "cruelty" includes every act, omission, or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted;

3. The words "impure and unwholesome milk" inIclude all milk obtained from animals in a diseased or unhealthy condition, or who are fed on distillery waste, usually called "swill or upon any substance in a state of putrefaction or fermentation.

TITLE XVII.

Of Miscellaneous Crimes.

SEC. 670. Attorneys forbidden to defend criminal prosecutions carried on by their partners, or formerly by them

selves.

671. Attorneys may defend themselves.

672. Fraudulently presenting bills or claims to public offi-
cers for payment.

673. Endangering life by refusal to labor.
674. Publishing false messages.

675. Acts not expressly forbidden.

676. Acts committed out of the state.

§ 670. Attorneys forbidden to defend certain prosecutions.-An attorney, who directly or indirectly advises in relation to, or aids or promotes the defense of any action or proceeding in any court, the prosecution of which is carried on, aided or promoted by a person as district attorney or other public prosecutor, with whom such attorney is directly or indirectly connected as a partner; or who, having himself prosecuted or in any manner aided or promoted any action or proceeding in any court, as district attorney or other public prosecu tor, afterwards directly or indirectly advises in relation to, or takes any part in, the defense thereof, as attorney or otherwise; or who takes or receives any valuable consideration from or on behalf of any defendant in any such action, upon any understanding or agreement whatever, express or implied, having relation to the defense thereof, is guilty of a misdemeanor.

See §§ 136, 139, 148, 149, supra.

§ 671. Attorneys may defend themselves.-The last section does not affect §§ 78, 79, 80 and 81 of the Code of Civil Procedure, and does not prohibit an attorney from defending himself in person, as attorney or as counsel, when prosecuted either civilly or criminally.

§672. Fraudulently presenting bills or claims to public officers for payment.-A person who, knowingly,

with intent to defraud, presents, for audit, or allowance, or for payment, to any officer or board of officers of the state, or of any county, town, city or village, authorized to audit, or allow or to pay bills, claims or charges, any false or fraudulent claim, bill, account, writing or voucher, or any bill, account or demand, containing false or fraudulent charges, items or claims, is guilty of a felony. See §§ 165, 166 supra, Peo. ex rel. Phelps v. O. & T., 83 N. Y., 486.

§ 673. Endangering life by refusal to labor.-A person, who willfully and maliciously, either alone or in combination with others, breaks a contract of service or hiring, knowing, or having reasonable cause to believe, that the probable consequence of his so doing will be to endanger human life, or to cause grievous bodily injury, or to expose valuable property to destruction or serious injury, is guilty of a misdemeanor.

See §§ 168, 170, 653, supra.

§ 674. Publishing false messages or proclamations.— A person, who prints, publishes or circulates, as true, any message, order or proclamation purporting to be the message, order or proclamation of the executive of the United States or of this state, or of any other state of the United States now or hereafter admitted, or of any territory of the United States, knowing the same not to be genuine, is punishable, by imprisonment in a state prison not exceeding five years, or by fine not exceeding one thousand dollars, or by both. An indictment for this offense may be found in any county in which the message, address or proclamation is printed, published or circulated but not in more than one county of the state.

§ 675. Acts not expressly forbidden.—A person, who willfully and wrongfully commits any act, which seriously injures the person or property of another, or which seriously disturbs or endangers the public peace or health, or which openly outrages public decency, for which no other punishment is expressly prescribed by this Code, is guilty of a misdemeanor ; but nothing in this Code contained shall be so construed as to prevent any person from demanding an increase of wages, or from assembling and using all lawful means to induce employers to pay such wages to all persons employed by them, as shall be a just and fair compensation for services rendered.

Peo. v. Hislop, 77 N. Y., 331.