§ 54. Selling right to official powers. - A public officer who, for any reward, consideration or gratuity, paid or agreed to be paid, directly or indirectly, grants to another the right or authority to discharge any functions of his office, or permits another to make appointments or perform any of its duties, is guilty of a misdemeanor, and a conviction for the same forfeits his office and disqualifies him forever from holding any office whatever under this state. § 55. Appointment avoided by conviction.-A grant, appointment, or deputation, made contrary to the provisions of either of the last two sections, is avoided and annulled by a conviction for the violation of either of those sections, in respect to such grant, appointment, or deputation; but any official act done before conviction, is unaffected by the conviction. § 56. Intrusion into public office.-A person who willfully intrudes himself into a public office, to which he has not been duly elected or appointed, or who, having been an executive or administrative officer, willfully exercises any of the functions of his office, after his rind so to do has ceased, is guilty of a misdemeanor. § 57. Officer refusing to surrender to successor.A person who, having been an executive or administrative officer, wrongfully refuses to surrender the official seal, or any books or papers, appertaining to his office, upon the demand of his lawful successor, is guilty of a misdemeanor. Peo., etc., v. Stevens, 5 Hill, 616; In re Bartlett, 9 How. Pr., 414; Cobee v. Davis, 8 ib., 367; Peo., etc., v. Dikeman, 7 ib., 124; Welch v. Cook, ib., 173-282. § 58. Administrative officers.-The various provisions of this chapter which relate to executive officers apply to administrative officers, in the same manner as if administrative and executive officers were both mentioned. TITLE VII. Of Crimes against the Legislative Fower. SEC. 59. Preventing the meeting or organization of either branch of the legislature. 60. Disturbing the legislature while in session. 61. Compelling adjournment. 62. Intimidating a member of the legislature. 63. Compelling either house to perform or omit any official act. 64. Altering draft of bill. 65. Altering engrossed copy. 66. Bribery of members of legislature. 67. Receiving bribes by members of legislature. 68. Witnesses refusing to attend before the legislature or legislative committees. 69. Refusing to testify. 70. Members of the legislature liable to forfeiture of office. $ 59. Preventing meeting or organization of legislature.-A person who willfully and by force or fraud prevents the legislature of this state, or either of the houses composing it, or any of the members thereof, from meeting or organizing, is punishable by imprisonment in a state prison not less than five years nor more than ten years, or by a fine of not less than five hundred dollars nor more than two thousand dollars, or by both. § 60. Disturbing legislature while in session.—A person who willfully disturbs the legislature of this state, or either of the houses composing it, while in session, or who commits any disorderly conduct in the immediate view and presence of either house of the legislature, tending to interrupt its proceedings or impair the respect due to its authority, is guilty of a misdemeanor. § 61. Compelling adjournment.—A person who willfully and by force or fraud compels or attempts to compel the legislature of this state, or either of the houses composing it, to adjourn or disperse, is punishable by imprisonment in a state prison not less than five nor more than ten years, or by fine of not less than five hundred dollars, nor more than two thousand dollars, or by both. § 62. Intimidating a member of the legislature.—A person who willfully, by intimidation or otherwise, prevents any member of the legislature of this state, from attending any session of the house of which he is a member, or of any committee thereof, or from giving his vote upon any question which may come before such house, or from performing any other official act, is guilty of a misdemeanor. See §§ 46, 127. § 63. Compelling either house to perform or omit any official act.-A person who willfully compels or attempts to compel either of the houses composing the legislature of this state to pass, amend, or reject any bill, or resolution, or to grant or refuse any petition, or to perform or omit to perform any other official act, is punishable by imprisonment in a state prison not less than five nor more than ten years, or by a fine of not less than five hundred dollars nor more than two thousand dollars, or by both. § 64. Altering draft of bill.-A person who fraudulently alters the draft of any bill or resolution which has been presented to either of the houses composing the legislature, to be passed or adopted, with intent to procure it to be passed or adopted by either house, or certified by the presiding officer of either house, in language different from that intended by such house, is guilty of felony. § 65. Altering engrossed copy.-A person who fraudulently alters the engrossed copy or enrollment of any bill which has been passed by the legislature of this state, with intent to procure it to be approved by the governor or certified by the secretary of state, or printed or published by the printer of the Statutes in language different from that in which it was passed by the legisla ture, is guilty of felony. § 66. Bribery of members of the legislature. — A person who gives or offers, or causes to be given or offered, a bribe, or any money, property, or value of any kind, or any promise or agreement therefor, to a member of the legislature, or attempts, directly or indirectly, by menace, deceit, suppression of truth, or other corrupt means, to influence a member to give or withold his vote, or to absent himself from the house of which he is a member, or from any committee thereof, is punishable by imprisonment for not more than ten years, or by a fine of not more than five thousand dollars, or both. State v. Ellis, 4 Vroom., 102. § 67. Receiving bribes by members of legislature.A member of either of the houses composing the legislature of this state, who asks, receives, or agrees to receive any bribe 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, or who gives or offers or promises to give any official vote in consideration that another member of the legislature shall give any such vote, either upon the same or another question, is punishable by imprisonment in a state prison not exceeding ten years, or by fine not exceeding five thousand dollars, or both. Marshall v. Balt. & O. R. R. Co., 16 How. (U. S.) R., 314; Ful ler v. Dame, 18 Pick., 470. Hatzfield v. Gulden, 7 Watts, 152; Clippinger Hepbaugh., 5 Watts & I., 315; Wood v. McCan., 6 Dana, 366; Hunt v. Test., 8 Ala., 719; Com. v. Callaghan, 2 Va. Cas., 460; Walsh. v. Peo., 68 Ill., 58. § 68. Witnesses refusing to attend before the legislature or its committees.--A person who, being duly summoned to attend as a witness before either house of the legislature or any committee thereof, authorized to summon witnesses, refuses or neglects without lawful excuse to attend pursuant to such summons, is guilty of a misdemeanor. § 69. Id.; refusing to testify.-A person who being present before either house of the legislature or any committee thereof authorized to summon witnesses, willfully refuses to be sworn or affirmed, or to answer any material and proper question, or to produce upon reasonable notice any material and proper books, papers, or documents in his possession or under his control, is guilty of a misdemeanor. Peo. ex rel. McDonald v. Keeler, 2 N. Y. Cr., 159. § 70. Members of the legislature to forfeit office.The conviction of a member of the legislature of either of the crimes defined in this chapter, involves as a consequence in addition to the punishment prescribed by this Code, a forfeiture of his office; and disqualifies him from ever afterwards holding any office under this state. CHAPTER TITLE VIII. Of Crimes against Public Justice. I. Bribery and corruption. II. Rescues. III. Escapes and aiding therein. IV. Forging, stealing, mutilating and falsifying judi cial and public records and documents. V. Perjury and subornation of perjury. VI. Falsifying evidence. VII. Other offenses against public justice. CHAPTER I. BRIBERY AND CORRUPTION. SEC. 71. Bribery of a judicial officer. 72. Officer accepting bribe. 73. Juror, etc., promising verdict. 75. Embracery. 76. Misconduct of officers at drawing of jurors. 77. Misconduct of officer having charge of juries. 78. Bribing public officers. 79. Offender a competent witness, etc. 80. Bribery of witnesses. 81. Definition of "jurors." |