ized 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 misde

meanor.

See cases cited under § 68, ante; People, ex rel. Sabold, v. Webb, 23 N. Y. State Rep'r, 324; 5 N. Y. Supp. 855.

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 punish ment prescribed by this Code, a forfeiture of his office; and disquali fies him from ever afterwards holding any office under this state.

CHAP.

TITLE VIII.

Of Crimes against Public Justice.

I. Bribery and corruption.

II. Rescues.

III. Escapes and aiding therein.

IV. Forging, stealing, mutilating and falsifying judicial and public records and documents.

V. Perjury and subornation of perjury.

VI. Falsifying evidence.

VII. Other offenses against public justice

VIII. Conspiracy.

CHAPTER I.

BRIBERY AND CORRUPTION.

SEC. 71. Bribery of a judicial officer.
72. Officer accepting bribe.

73. Juror, etc., promising verdict.
74. Juror, etc., accepting bribes.

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."

71. Bribery of a judicial officer.- 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 judicial officer, juror, referee, arbitrator, appraiser, or assessor, or other person authorized by law to hear or determine any question, matter, cause, proceeding, or controversy, with intent to influence his action, vote, opinion, or decision thereupon, is punishable by impris onment 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; Klugman's case, 49 How, 481; State v. Carpenter, 20 Vt. 9; People v Jachne, 103 N. Y. 182, 190; People v. Sharp, 107 id. £7, 489; People v. Ah Fook, 62 Cal. 493.

72. Officer accepting bribe.-A judicial officer, a person who executes any of the functions of a public office not designated in Titles VI and VII of this Code, or a person employed by or acting for the state, or for any public officer in the business of the state, who asks, receives, or agrees to receive a bribe, or any money, property, or value of any kind, or any promise or agreement therefor, upon any agreement or understanding that his vote, opinion, judgment, action, decision, or other official proceeding, shall be influenced thereby, or that he will do or omit any act or proceeding, or in any way neglect or violate any official duty, is punishable by imprison ment for not more than ten years, or by fine of not more than five thousand dollars, or both. A conviction also forfeits any office held by the offender, and forever disqualifies him from holding any public office under the state.

People v. Jaehne, 103 N. Y. 182; 4 N. Y. Cr. 478; Jaehne v. People, 128 U. S. 189; 6 N. Y. Cr. 237, 239: People v. O'Neil, 109 N. Y. 251; 5 N. Y. Cr. 302; 48 Hun, 36; People v. Sharp, 107 N. Y. 427, 439; People v. Richmond, 5 N. Y. Cr. 97.

§ 73. Juror, arbitrator, or referee, promising verdict, etc.-A juror, or a person drawn or summoned to attend as a juror, or a person chosen arbitrator, or appointed referee, who either,

1. Makes any promise or agreement to give a verdict, judgment, report, award, or decision, for or against any party; or

2. Willfully receives any communication, book, paper instrument, or information, relating to a cause or matter pending before him, except according to the regular course of proceeding upon the trial or hearing of that cause or matter;

Is guilty of a misdemeanor.

People, ex rel. Munsell, v. Ct. O. & T., 101 N. Y. 245; 4 N. Y. Cr. 70, aff'g 36 Hun, 277; 3 N. Y. Cr. 209.

$74. Juror, etc., accepting bribes.-A juror, referee, arbitrator, appraiser, or assessor, or other person authorized by law to hear or determine any question, matter, cause, controversy, or proceeding, who asks, receives, or agrees to receive, any money, property, or value of any kind, or any promise or agreement therefor, upon any agreement or understanding that his vote, opinion, action, judgment or decision, shall be influenced thereby, is punishable by imprisonment for not more than ten years, or by fine of not more than five thousand dollars, or both.

See 1193 of Code of Civ. Proc.; People v. Sharp, 107 N. Y. 427, 439; 12 N. Y. State Rep'r, 20.

75. Embracery.-A person who influences or attempts to influence improperly, a juror in a civil or criminal action or proceeding, or one drawn or summoned to attend as such a juror, or one chosen an arbitrator, or appointed a referee, in respect to his verdict, judg ment, report, award or decision in any cause or matter pending, or about to be brought before him, in any case, or in any manner not included in the last two sections, is guilty of a misdemeanor.

When guilty of contempt Bergh's case, 16 Abb. Pr. (N. S.) 266; Klugman's case, 49 How Pr. 484; Gibbs v Dewey, 5 Cow. 503; People v. Sellick, 4 N. Y. Cr. 329; Turner v. Beardsley, 19 Wend. 348 State v. Sales, 2 Nev. 269. See § 1122 of Code of Civ. Proc.

76. Misconduct of officers at drawing of jurors.-A person authorized by law to assist at the drawing or impaneling of grand or trial jurors to attend a court, or a term of a court, or to try any cause or issue, who either

1. Designedly puts, or consents to the putting, upon a list of jurors as having been drawn, any name which was not lawfully drawn for that purpose; or

2. Designedly omits to place on such a list any name which was lawfully drawn; or

3. Designedly signs or certifies a list of such jurors as having been drawn which was not lawfully drawn; or

4. Designedly withdraws from the box, or other receptacle for the ballots containing the names of such jurors, any paper or ballot lawfully placed or belonging there and containing the name of a juror, or omits to place in such box or receptacle any name lawfully drawn or designated, or places in such box or receptacle a paper or ballot containing the name of a person not lawfully drawn and designated as a juror; or

5. In the drawing of such jurors, does any act which is unfair, partial, or improper in any other respect;

Is guilty of a misdemeanor.

But this section shall not apply to the city and county of New York or the county of Kings.

See § 1122 of Code of Civ. Proc.

§ 77. Misconduct of officer having charge of juries.- An officer to whose charge any juror is committed by a court or magistrate, who negligently or willfully permits them, or any of them, without leave of the court or magistrate.

1. To receive any communication from any person;

2. To make any communication to any person;

3. To obtain or receive any book or paper, or refreshment; or, 4. To leave the jury room.

Is guilty of a misdemeanor.

78. Bribing public officers.-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 person executing any of the functions of a public officer, other than one of the officers or persons designated in Title VI, Title VII, and section 71 of Title VIII of this Code, with intent to influence him in respect to any act, decision, vote, or other proceeding, in the exercise of his powers or functions, is punishable by imprisonment for not more than ten years, or by a fine of not more than five thousand dollars, or both.

See 418, post.

People v. Sharp, 107 N. Y. 427; People v. Jaehne, 103 id. 191; People v. Richmond, 5 N. Y. Cr. 97.

79. Offender a competent witness, and to escape prosecution. A person offending against any provision of any foregoing sections of this Code relating to bribery is a competent witness against another person so offending, and may be compelled to attend and testify upon any trial, hearing, proceeding, or investigation, in the same manner as any other person. But the testimony so given

shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying. A person so testifying to the giving of a bribe which has been accepted, shall not thereafter be liable to indictment, prosecution, or punishment for that bribery, and may plead or prove the giving of testimony accordingly, in bar of such an indictment or prosecution.

$80. Bribery of witnesses.-A person who is, or is about to be, a witness upon a trial, hearing, or other proceeding, before any court or any officer authorized to hear evidence or take testimony, who receives, or agrees or offers to receive, a bribe, upon any agreement or understanding that his testimony shall be influenced thereby, or that he will absent himself from the trial, hearing, or other proceeding, is guilty of a felony.

See § 113, post.

§ 81. Definition of "jurors."-The word "juror" as used in this chapter includes a talesman, and extends to jurors in all courts whether of record or not of record, and in special proceedings, and before any officer authorized to impanel a jury in any case or proceeding.

82. Rescue of prisoner. A person who, by force or fraud, rescues a prisoner from lawful custody, or from an officer or other person having him in lawful custody, is guilty of a felony, if the prisoner was held upon a charge, commitment, arrest, conviction, or sentence of felony; and if the prisoner was held upon a charge, arrest, commitment, conviction, or sentence for misdemeanor, the rescuer is guilty of a misdemeanor.

People v. Washburn, 10 Johns. 160; People v. Tompkins, 9 id. 70; People v. Rathbun, 21 Wend. 508; People v. Rose, 12 Johns. 339; State v. Murray, 15 Me. 100; Commonwealth v. Filburn, 119 Mass. 297.

See subd. 4, § 14, and § 587 of Code of Civil Proc.

83. Taking, etc., property in officer's custody.-A person who takes from the custody of an officer or other person, personal property, in charge of the latter, under any process of law, or who willfully injures or destroys such property, is guilty of a misdemeanor. See subd. 4, § 14, and § 587 of Code of Civil Proc.

CHAPTER III.

ESCAPES, AND AIDING THEREIN.

SEC 84. Escaping prisoner may be recaptured. 85. Prisoner escaping.

86. Attempt to escape from state prison.

SEC. 87. Aiding escape. 88. Same.

89. Officer suffering escape.

90. Id., forfeits office.

91. Concealing escaped prisoner.
92. Definition of prison.

93. Definition of prisoner.

$84. Escaping prisoner may be recaptured.-A prisoner, in custody under sentence of imprisonment for any crime, who escapes from custody, may be recaptured and imprisoned for a term equal to that portion of his original term of imprisonment which remained unexpired upon the day of his escape.

Code Cr. Proc., 186; Haggerty v. People, 53 N. Y. 476; S. C., 6 Lans. 332; Nall v. State, 34 Ala. 262; Riley v. State, 16 Conn. 47; French v. Willet, 10 Bosw, 566, 583; People v. Duell, 3 Johns. 449; Matter of Edwards, 25 Alb. L. J. 68; People v. Potter, 1 Park. 47.

85. Prisoner escaping. A prisoner who, being confined in a prison, or being in lawful custody of an ethicer or other person, by force or fraud escapes from such prison or custody, is guilty of felony if such custody or confinement is upon a charge, arrest, commitment, or conviction for a felony; and of a misdemeanor if such custody or confinement is upon a charge, arrest, commitment or conviction for a misdemeanor.

People v. Duell, 3 Johns. 449. Escaped prisoner cannot take any action before court. People v. Genet, 59 N. Y. 80: 97 Mass. 545; 17 Q B. 543; 14 Gratt. 677; 20 id. 716; 31 Me. 592; Matter of O'Byrne, 55 Hun, 438; 29 N. Y. State Rep'r, 116; McMonagle v. Conkey, 14 Hun, 326; Keenan v. O'Brien, 53 id. 30; Smith v. United States, 94 U. S 97: M'Gowan v. People, 104 Ill. 100: 44 Am. Rep. 87; People v. Redinger, 55 Cal. 290; 36 Am. Rep. 32; Sargent v. State, 96 Ind, 93; Warwick v. State, 73 Ala. 486; Wilson v. Com., 10 Bush, 526; 19 Am. Rep. 76.

See, also, People v. Johnson, 100 N. Y. 141; 46 Hun, 667; People v. Sharkey, 1 id. 300; State v. Davis, 14 Nev. 439.

86. Attempt to escape from state prison.- A prisoner confined in a state prison for a term less than for life, who attempts by force or fraud, although unsuccessfully, to escape from such prison, is guilty of felony.

§ 87. Aiding prisoner to escape.- A person who, with intent to effect or facilitate the escape of a prisoner, whether the escape is effected or attempted or not, enters a prison, or conveys to a prisoner any information, or sends into a prison any disguise, instrument, weapon, or other thing, is guilty of felony, if the prisoner is held upon a charge, arrest, commitment, or conviction for a felony; and of a misdemeanor, if the prisoner is held upon a charge, arrest, commitment, or conviction for a misdemeanor.

People v. Rose, 12 Johns. 339; People v. Tompkins, 9 id. 70.

§ 88. Aiding prisoner to escape.- A person who aids or assists a prisoner in escaping, or attempting to escape, from the lawful custody of a sheriff, or other officer or person, is guilty of a misdemeanor, if the prisoner is held under arrest, commitment, or conviction for a misdemeanor, or upon a charge thereof; and of a felony if the pris oner is held under an arrest, commitment, or conviction for a felony, or upon a charge thereof.

People v. Tompkins, 9 Johns. 70; People v. Rose, 12 id. 839; People v. Washburn, 10 id. 160; Holland v. State, 60 Miss. 939.