§ 156. Fraudulent pretenses relative to birth of infant. Every person who fraudulently produces an infant, falsely pretending it to have been born of any parent whose child would be entitled to inherit any real estate or to receive a share of any personal estate, with intent to intercept the inheritance of any such real estate, or the distribution of any such personal estate from any person lawfully entitled thereto, is punishable by imprisonment in the state prison not exceeding ten years.

Legislation § 156. Enacted February 14, 1872; almost identical with Field's Draft, § 212, N. Y. Pen. Code, § 151. The New York code commissioners say: "This is substantially the provision of 2 Rev. Stats., p. 676, § 51. The commissioners would have recommended the enactment of a more extended provision, which should forbid the holding out of a child as born of other than its true parents, were it not that such an enactment would render necessary a system of provisions regulating and legalizing the adoption of children. The subject of adoptions is one which the commissioners have under consideration, and some systematic provisions relative to it may perhaps be reported, but the topic does not come within the Penal Code."

§ 157. Substituting one child for another. Every person to whom an infant has been confided for nursing, education, or any other purpose, who, with intent to deceive any parent or guardian of such child, substitutes or produces to such parent or guardian another child in the place of the one so confided, is punishable by imprisonment in the state prison not exceeding seven years.

Legislation § 157. Enacted February 14, 1872; almost identical with Field's Draft, § 213, N. Y. Pen. Code, § 152. The New York code commissioners say: "Founded upon 2 Rev. Stats., p. 677, § 52. The changes introduced are two. The provisions of the Revised Statutes is [sic] limited to cases where the infant confided to the accused is under six years. The commissioners are of the opinion that while the substitution may become less and less feasible with the advancing age of the child, it is not the less criminal, if perpetrated, because the child has passed the age of six; and they therefore omit the restriction. They also use the words 'substitutes or produces,' in place of 'substitutes and produces'; in order to embrace cases in which the child may not be exhibited in person to the parent or guardian."

§ 158. Common barratry defined. How punished. Common barratry is the practice of exciting groundlesss judicial proceedings, and is punishable by imprisonment in the county jail not exceeding six months and by fine not exceeding five hundred dollars.

Legislation § 158. Enacted February 14, 1872; based on Field's Draft, § 190, N. Y. Pen. Code, § 132.

§ 159. What proof is required. No person can be convicted of common barratry except upon proof that he has

excited suits or proceedings at law in at least three instances, and with a corrupt or malicious intent to vex and

annoy.

Legislation § 159. Enacted February 14, 1872; identical with Field's Draft, § 192, N. Y. Pen. Code, § 134.

§ 159a. Advertising to procure divorce. Whoever advertises, prints, publishes, distributes, or circulates, or causes to be advertised, printed, published, distributed, or circulated, any circular, pamphlet, card, hand-bill, advertisement, printed paper, book, newspaper, or notice of any kind, offering to procure or obtain, or to aid in procuring or obtaining, any divorce, or the severance, dissolution, or annulment of any marriage, or offering to engage or appear or act as attorney, counsel, or referee in any suit for alimony or divorce, or the severance, dissolution, or annulment of any marriage, either in this state or elsewhere, is guilty of a misdemeanor. This section does not apply to the printing or publishing of any notice or advertisement required or authorized by any law of this state. [Amendment approved 1905; Stats. 1905, p. 649.]

Legislation § 159a. 1. Added by Stats. 1891, p. 279, as § 1592. and then read: "Whoever advertises, prints, publishes, or circulates, or causes to be advertised, printed, published, distributed, or circulated, any circular, pamphlet, card, hand-bill, advertisement, printed paper, book, newspaper, or notice of any kind offering to procure, or to aid in procuring, any divorce, either in this state or elsewhere, shall be guilty of a misdemeanor. This act shall not apply to the printing or publishing of any notice or advertisement required or authorized by any law of this state."

2. Amended by Stats. 1893, p. 48, differing from the amendment of 1905 (the present section), having, (1) in first sentence, (a) "nullity" instead of "annulment" in both instances, and (b) "shall be" instead of "is" before "guilty of a misdemeanor," at end of sentence; (2) in final sentence, "This act" instead of "This section."

3. Amendment by Stats. 1901, p. 444, being identical with the amendment of 1905, although the code commissioners call it a new section; unconstitutional. See note, § 5, ante.

4. Amended by Stats. 1905, p. 649.

§ 160. Misconduct by attorneys. Every attorney who, whether as attorney or as counselor, either:

1. Is guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party; or,

2. Willfully delays his client's suit with a view to his own gain; or,

3. Willfully receives any money or allowance for or on

account of any money which he has not laid out or become answerable for;

-Is guilty of a misdemeanor.

Disbarring attorneys: See Code Civ. Proc., § 287.

Legislation § 160. Enacted February 14, 1872; based on Field's Draft, § 209, N. Y. Pen. Code, § 148. The New York code commissioners say: ""As attorney or as counselor.' In general throughout the code, the commissioners have used the word 'attorney,' as embracing all classes of legal practitioners, conformably to the existing law by which both the functions of the attorney and those of the counselor at law are united in the same person. But it has been held that although candidates for admission to the bar are now admitted as attorneys and as counselors at the same time, yet the offices are still distinct. (Easton v. Smith, 1 E. D. Smith, 318; Brady v. Mayor etc. of New York, 1 Sandf. 559.) As some of the acts prohibited in the above section might be committed by one acting only as a counselor, and who, though in fact also an attorney, had no retainer as such in the cause to which the misconduct related, the commissioners have declared the acts punishable in whichever capacity the defendant acts."

§ 161. Buying demands or suit by an attorney. Every attorney who, either directly or indirectly, buys or is interested in buying any evidence of debt or thing in action, with intent to bring suit thereon, is guilty of a misdemeanor.

Legislation § 161. Enacted February 14, 1872; identical with Field's Draft, § 194, N. Y. Pen. Code, § 136.

§ 161a. Who may advertise. Any person other than a regularly licensed attorney who advertises himself as practicing or entitled to practice law in any court of justice is guilty of a misdemeanor. [Amendment approved 1909; Stats. 1909, p. 247.]

Legislation § 161a. 1. Addition by Stats. 1901, p. 444; unconstitutional. See note, § 5, ante.

2. Added by Stats. 1905, p. 649, and then read: "Any person, other than a regularly licensed attorney, who advertises or holds himself out as practicing or entitled to practice law in any court of record, is guilty of a misdemeanor."

3. Amended by Stats. 1909, p. 247.

§ 162. Attorneys forbidden to defend prosecutions carried on by their partners or formerly by themselves. Every 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 any person as district attorney or other public prosecutor, with whom such person 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 prosecutor, 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 having relation to the defense thereof, is guilty of a misdemeanor, and in addition to the punishment prescribed therefor, forfeits his license to practice law.

Legislation § 162. Enacted February 14, 1872; based on Field's Draft, § 730, N. Y. Pen. Code, § 670.

§ 163. Limitation of preceding section. The preceding section does not prohibit an attorney from defending himself in person, as attorney or counsel, when prosecuted, either civilly or criminally.

Legislation § 163. Enacted February 14, 1872; based on Field's Draft, § 731, N. Y. Pen. Code, § 671.

§ 164. Grand juror acting after challenge has been allowed. [Repealed 1911; Stats. 1911, p. 434.]

Grand juror acting after allowance of challenge: See post, § 900. Legislation § 164. 1. Enacted February 14, 1872; identical with Field's Draft, § 203, N. Y. Pen. Code, § 144.

2. Repealed 1911, Stats. 1911, p. 434.

§ 165. Bribing boards of supervisors, etc. Every person who gives or offers a bribe to any member of any common council, board of supervisors, or board of trustees of any county, city and county, city, or public corporation, with intent to corruptly influence such member in his action on any matter or subject pending before, or which is afterward to be considered by, the body of which he is a member, and every member of any of the bodies mentioned in this section who receives, or agrees to receive any bribe upon any understanding that his official vote, opinion, judg ment, or action shall be influenced thereby, or shall be given in any particular manner or upon any particular side of any question or matter, upon which he may be required to act in his official capacity, is punishable by imprisonment in the state's prison not less than one nor more than fourteen years, and upon conviction thereof shall, in addition to said punishment, forfeit his office, be disfranchised and forever disqualified from holding any public office or trust. [Amendment approved 1905; Stats. 1905, p. 650.]

Legislation § 165. 1. Enacted February 14, 1872 (based on Crimes and Punishment Act, Stats. 1850, p. 239, §§ 84, 85, as amended by Stats. 1863, pp. 645, 646, §§ 1, 2), and then read: "Every person who gives or offers a bribe to any member of any common council, board of supervisors, or board of trustees of any county, city, or corpora

tion, with intent to corruptly influence such member in his action on any matter or subject pending before the body of which he is a member, and every member of either of the bodies mentioned in this section who receives or offers to receive any such bribe, is punishable by imprisonment in the state prison for a term not less than one nor more than fourteen years, and is disqualified from holding any office in this state."

2. Amendment by Stats. 1901, p. 445; unconstitutional. See note, § 5, ante.

3. Amended by Stats. 1905, p. 650; the code commissioner saying, "The word 'public' is inserted before the word 'corporation,' as the section was undoubtedly intended to apply to bodies and authorities of a public character. The words 'of which is afterward to be considered by' are inserted. The words 'upon any understanding that his official vote, opinion, judgment, or action shall be influenced thereby, or shall be given in any particular manner or upon any particular side of any question or matter, upon which he may be required to act in his official capacity,' were not in the report of the original code commission, but were inserted as a committee amendment at a previous session. The added words 'in addition to said punishment' were likewise inserted by said committee."

§ 166. Criminal contempts. Every person guilty of any contempt of court, of either of the following kinds, is guilty of a misdemeanor:

1. Disorderly, contemptuous, or insolent behavior committed during the sitting of any court of justice, in immediate view and presence of the court, and directly tending to interrupt its proceedings or to impair the respect due to its authority;

2. Behavior of the like character committed in the presence of any referee, while actually engaged in any trial or hearing, pursuant to the order of any court, or in the presence of any jury while actually sitting for the trial of a cause, or upon any inquest or other proceedings authorized by law;

3. Any breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of any court; 4. Willful disobedience of any process or order lawfully issued by any court;

5. Resistance willfully offered by any person to the lawful order or process of any court;

6. The contumacious and unlawful refusal of any person to be sworn as a witness; or, when so sworn, the like refusal to answer any material question;

7. The publication of a false or grossly inaccurate report of the proceedings of any court;

8. Presenting to any court having power to pass sentence upon any prisoner under conviction, or to any member of such court, any affidavit or testimony or representation of