him in any criminal proceeding, do not forbid such evidence being proved against such person upon any proceedings founded upon a charge of perjury committed in such examination.

$ 762. Wherever the terms mentioned in the following sections are employed in this Code, they are deemed to be employed in the senses hereafter affixed to them, except where a different sense plainly appears.

$763. The term "willfully," when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act or the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage.

$764. The terms "neglect," "negligence," "negligent" and "negligently," when so employed, import a want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concerns.

$ 765. The term "corruptly," when so employed, imports a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to, or to some other person.

$766. The terms "malice" and " maliciously," when so employed, import a wish to vex, annoy or injure another person; established either by proof or presumption of law.

$767. The term "knowingly," when so applied, imports only a knowledge that the facts exist which bring the act or omission within the provisions of this Code. It does not require any knowledge of the unlawfulness of such act or omission.

$768. The term "bribe " signifies any money, goods, right in action, property, thing of value or advantage, present or prospective, or any promise or undertaking to give any, asked, given or accepted with a corrupt intent to influence, unlawfully, the person to whom it is given, in his action, vote or opinion in any public or official capacity.

$769. The word "vessel" when used with reference to shipping, includes ships of all kinds, steamboats and steamships, canal boats, and every structure adapted to be navigated from place to place.

$ 770. The term "peace officer" signifies any one of the officers mentioned in section 154 of the Code of Criminal Procedure.

44

S771. The term "magistrate" signifies any one of Magis trate" dethe officers mentioned in section 147 of the Code fined. of Criminal Procedure.

$ 772. The term "signature" includes any name, mark or sign, written with intent to authenticate any instrument or writing.

"Signa fined.

ture" de

defined,

$ 773. The term "writing" includes both printing "Writing" and writing.

$ 774. The term "real property" includes every estate, interest and right in lands, tenements and hereditaments.

66

property

$775. The term personal property" includes "Personal every description of money, goods, chattels, effects, defined. evidences of rights in action, and all written instruments by which any pecuniary obligation, right or title to property, real or personal, is created, acknowledged, transferred, increased, defeated, discharged or diminished, and every right and interest therein.

"Property" $776. The term "property" includes both real and

defined.

"Person" defined.

"Person" when used to denote

owner of property.

Singular includes plural.

Masculine word includes feminine, &c.

Present

tense, how used.

What intent to defraud is suflicient.

personal property.

See, as to the three sections above, 2 Rev. Stat., 702, §§ 33, 34.

$ 777. The word "person" includes corporations, as well as natural persons.

S778. Where the term "person" is used in this Code to designate the party whose property may be the subject of any offense, it includes this state, any other state, government or country which may lawfully own any property within this state, and all public and private corporations, or joint associations, as well as individuals.

2 Rev. Stat., 703, § 35.

S 779. The singular number includes the plural, and the plural the singular.

$780. Words used in the masculine gender, comprehend as well the feminine and neuter.

S781. Words used in the present tense include the future, but exclude the past.

S782. Whenever, by any of the provisions of this Code chapter, an intent to defraud is required, in order to constitute any offense, it is sufficient if an intent appears to defraud any person, association or body politic or corporate whatever.

Suggested as a substitute for 2 Rev. Stat., 703, § 36, which is as follows: Where any intent to injure, defraud or cheat is required by law to be shown in order to constitute any offense, it shall be sufficient, if such intent be to injure, defraud or cheat the United States, this state or any other state or country, or the government or any public officer thereof, or any county, city or town, or any corporation, body politic or private individual.

The section in the text will also include the provision of 2 Rev. Stat., 675, § 46, which is as follows: "Whenever by any of the foregoing provisions an intent to defraud is required to constitute forgery, it is sufficient if an intent appears to defraud the United States, any state, or territory, any body corporate, any county, city, town or village or any public officer in his official capacity, any copartnership, or any one of such partners or any real person what.

ever." It may be doubted whether this language includes
a joint stock association, though doubtless intended so to
do. And aside from this, the language is needlessly
verbose.

dies preserved.

S783. The omission to specify or affirm in this Code Civil remeany liability to any damages, penalty, forfeiture or other remedy, imposed by law, and allowed to be recovered or enforced in any civil action or proceeding, for any act or omission declared punishable herein, does not affect any right to recover or enforce the same.

S 784. The omission to specify or affirm in this Code any ground or forfeiture of a public office or other trust or special authority conferred by law, or any power conferred by law to impeach, remove, depose or suspend any public officer or other person holding any trust, appointment or other special authority conferred by law, does not affect such forfeiture or power, or any proceeding authorized by law to carry into effect such impeachment, removal, deposition or suspension.

Proceedpeach or

ings to im

remove

officers

and others

preserved.

punish

ments and ments for and certain

punish

contempt

$ 785. This Code does not affect any power con- Military ferred by law upon any court martial or other military authority or officer, to impose or inflict punishment upon offenders; nor any power conferred by law upon any public body, tribunal or officer, to preserved. impose or inflict punishment for a contempt; nor any provisions of the laws relating to apprentices, bastards, disorderly persons, Indians and vagrants.

special proceedings

statutes

continuing

$786. Nothing in this Code affects any of the pro- certain visions of the following statutes; but such statutes specified as are recognized as continuing in force, notwithstand- in force." ing the provisions of this Code; except so far as they have been repealed or affected by any subsequent laws.

1. All acts incorporating municipal corporations, and acts amending acts of incorporation or charters of such corporations, or providing for the election or

appointment of officers therein, or defining the powers and duties of such officers.

2. All acts relating to emigrants or other passengers in vessels coming from foreign countries.

3. An act concerning foreign bank notes. Passed May, 1839.

Laws of 1839, ch. 355.

4. An act to amend the act entitled "an act to authorize the business of banking." Passed May 14, 1840.

Laws of 1840, ch. 363.

5. An act to amend the act entitled "an act to amend the act entitled an act to authorize the business of banking," passed May 14, 1840. Passed April 10, 1850.

Laws of 1850, ch. 251.

6. An act requiring the police justices in the city of New York to file records of all convictions of vagrancy. Passed April 12, 1853.

Laws of 1853, ch. 183.

7. An act to provide for the care and instruction of idle and truant children. Passed April 12, 1853. Laws of 1853, ch. 185.

8. An act to amend an act entitled "an act concerning foreign bank notes." Passed April 13, 1853. Laws of 1853, ch. 223.

9. An act in relation to the property and money taken from persons arrested and accused of crimes in the city of New York and Brooklyn. Passed April 9, 1855.

Laws of 1855, ch. 199.

10. An act to regulate the business of purchasing rags, rope and metals in the city of Albany. Passed March 28, 1857.

Laws of 1857, ch. 193.

11. An act to establish a metropolitan police district and provide for the government thereof. Passed April 15, 1857.

Laws of 1857, ch. 569.