89. Officer suffering escape. A sheriff, or other officer or person, who allows a prisoner, lawfully in his custody, in any action or proceeding, civil or criminal, or in any prison under his charge or control, to escape or go at large, except as permitted by law, or connives at or assists such escape, or omits an act or duty whereby such escape is occasioned, or contributed to, or assisted, is

1. If he corruptly and willfully allows, connives at, or assists the escape, guilty of a felony;

2. In any other case, is guilty of a misdemeanor.

See $$ 58, supra, 114, 115, post; State v. Erickson, 32 N. J. 421. What amounts to an escape from civil process. Stone v. Woods, 5 Johns 182; Olmstead v. Raymond, 6 id 62; Kellogg v. Gilbert, 10 id. 220; Lovell v. Orser, 1 Bosw. 349; Littlefield v. Brown, 1 Wend. 398.

90. Id.; forfeits office. - An officer who is convicted of the offense specified in the first subdivision of the last section, forfeits his office, and is forever disqualified, to hold any office, or place of trust, honor or profit, under the constitution or laws of this state.

91. Concealing escaped prisoner. A person who knowingly or willfully conceals, or harbors for the purpose of concealment, a person who has escaped or is escaping from custody, is guilty of a felony if the prisoner is held upon a charge or conviction of felony, and of a misdemeanor if the person is held upon a charge or conviction of misdemeanor.

92. Definition of prison - The term "prison," as used in this chapter, means any place designated by law for the keeping of persons held in custody under process of law, or under lawful arrest.

People v. Johnson, 46 Hun, 671; 27 W. Dig. 519; aff'd, 110 N. Y 134; State v. Beebe, 13 Kans. 589; Com. v. Felburn, 119 Mass. 297.

§ 93. Definition of prisoner. — The term, "prisoner," as used in this chapter, means any person held in custody under process of law, or under lawful arrest.

CHAPTER IV.

FORGING, STEALING, MUTILATING AND FALSIFYING JUDICIAL AND PUBLIC RECORDS AND DOCUMENTS.

SEC. 94. Injury, etc., to public record.

95. Offering false or forged instruments to be filed or recorded.

94. Injury, etc., to public record. A person who, willfully and unlawfully removes, mutilates, destroys, conceals, or obliterates a record, map, book, paper, document, or other thing, filed or deposited in a public office or with any public officer by authority of law, is punishable by imprisonment for not more than five years, or by a fine of not more than five hundred dollars, or by both.

See $8 114, 649, post; People v. Wise, 2 How. (N. S) 92; 3 N. Y. Cr. 303; Ayres v. Covill, 18 Barb. 263.

§ 95. Offering false or forged instruments to be filed or recorded. A person who knowingly procures or offers any false or forged instrument to be filed, registered or recorded in any public office

within this state, which instrument, if genuine, might be filed or registered or recorded under any law of this state or of the United States, is guilty of felony.

CHAPTER V.

PERJURY AND SUBORNATION OF PERJURY.

SEC. 96. Perjury.

97. Irregularities in the mode of administering oaths.

98. Incompetency of witness no defense for perjury.

99. Witness's knowledge of materiality of his testimony not necessary. 100. Making of deposition, etc., when deemed complete.

101. Statement of that which one does not know to be true.

102. Summary committal of witnesses who have committed perjury.

103. Witnesses necessary to prove the perjury, may be bound over to appear. 104. Documents necessary to prove such perjury may be detained.

105. Subornation of perjury defined.

106. Punishment of perjury and subornation.

96. Perjury. — A person who swears or affirms that he will truly testify, declare, depose, or certify, or that any testimony, declaration, deposition, certificate, affidavit or other writing by him subscribed, is true, in an action, or a special proceeding, or upon any hearing, or inquiry, or on any occasion in which an oath is required by law, or is necessary for the prosecution or defense of a private right, or for the ends of public justice, or may lawfully be administered, and who in such action or proceeding, or on such hearing, inquiry or other occasion, willfully and knowingly testifies, declares, deposes, or certifies falsely, in any material matter, or states in his testimony, declaration, deposition, affidavit, or certificate, any material matter to be true which he knows to be false, is guilty of perjury.

See 712, post; People v. Sweetman, 3 Park. 358; People v. McKinney, id. 510; People v. McGinnis, 1 id. 387; Chamberlain v. People, 23 N. Y. 85; People v. Evans, 40 id. 1; Weed v. People, 31 id. 465-467; Williams v. Com. (Pa.), 2 Alb. L. J. 418. Must be willful; advice of counsel. Elwell's case, 1 C. H. Rec. &; Tuttle v. People, 36 N. Y. 431; Hood v. State, 44 Ala. 81. Must be before competent officer or tribunal and of a material fact. Harris v. People, 6 S. C. 206; Wood's case, 4 C. H. Rec. 130; People v. Tracy, 9 Wend. 265; People v. Townsend, 5 How. Pr. 315; Pendergrast's case, 3 C. H. Rec. 11; Geston v. People, 4 Lans. 487; Rouse v. Ross, 1 Weud. 475; People v. Travis, 4 Park, 213. See Van Steenburgh v. Kortz, 10 Johns. 167. False swearing on oath administered to voter by de facto inspectors, constitutes offense. People v. Cook, 8 N. Y. 67. Affidavit on information and belief, not perjury. Lambert v. People, 76 N. Y. 220. Swearing to belief, may be. People v. Robertson, 3 Wh. Cr. C. 180; Patrick v. Smoke, 3 Strobh. 147; Com. v. Dunham, Thach. C. C. 519; State v. Cruikshank, 6 Blackf. 62. Execution of deed. Tuttle v. People, supra. By bail. Tomlinson's case, 4 C. H. Rec. 125. Witnesses to prove. Johnson's case, 1 C. H. Rec. 21; Merritt's case, 4 id. 58; People v. Burden, 9 Barb. 467 Failure of case supported by perjury, no defense. Wood v. People, 59 N. Y. 117; S. C., 1 Hun, 381. Perjury before fire marshal. Harris v. People, 64 N. Y. 148. Verification of pleading. People v. Christopher, 4 Hun, 805. Proofs of marine loss. People v. Travis, 1 Sheld, 545. Before de facto officer. Lambert v. People, supra. Bank return. People v. Vail, 57 How. Pr. 81. See Commonwealth v. Pallard, 12 Mete. 225; State v. Simmons, 30 Vt. 620. Perjury by affidavit. People v. Sutherland, 81 N. Y. 1, rev`g 16 Hun, 192. Is also contempt. Eagan v. Lynch, 3 Bro. Civ. Pro. 236. Good faith. Dempsey v. People, 20 Hun, 261. Indictment. People v. Grimshaw, 2 N. Y. Cr. 390. See People v. Stone, id, 445; People v. Bowe, 31 Hun, 528; People v. Dishler, 38 Hun, 175; Case v. People, 76 N. Y. 242; 6 Abb. N C. 152. Bragle v. People, 10 id. 300; Woods v. Ross, 2 Daily Reg. 265; People v. Courtney, 94 N. Y. 494; Byrnes v. Byrnes, 102 id. 4; 4 E. K. 601; People, ex rel. Ostrander, v. Chapin, 105 N. Y. 309, aff`g 7 N. Y. State Rep'r, 209; People v. Link, 6 N. Y. Cr. 185; 4 N. Y. Supp. 435; Nathans v. Hope

100 N. Y 615; 2 E. R. 655; United States v. Ambrose, 108 U. S. 336; O'Reilly v. People, 86 N. Y. 154; 40 Am. Rep. 525; People v. Clements, 107 N. Y. 205; 11 N. Y. State Rep'r, 384; People v. Thornton, 27 W. Dig. 559; Kane v. City of Brooklyn,

114 N. Y. 591.

$97. Irregularities in the mode of administering oaths. It is no defense to a prosecution for perjury that an oath was administered or taken in an irregular manner. The term oath," includes an affirmation, and every other mode authorized by law of attesting the truth of that which is stated.

What is a valid oath. People v. O'Reilly, 86 N. Y. 154: Campbell v. People, 8 Wend. 636. When party does not appear before officer, no perjury. Case v. People, 76 N. Y. 242. See People v. Cook, 8 id. 67; State v. Molier, 1 Dev. 263; Montgomery v. State, 10 Ohio, 220; Van Steenburgh v. Kortz, 10 Johns. 167. See Ortner v. People, 6 Th. & C. 458; Fryatt v. Linde, 3 Edw. 239. See 18 Alb. L. J. 413; 25 id. 339; 26 id. 326; 29 id. 344; Matter of Carpenter, 64 Cal. 267. See 842-849 of Code of Civ. Proc.

$ 98. Incompetency of witness no defense for perjury. It is no defense to a prosecution for perjury that the defendant was not competent to give the testimony, deposition or certificate of which falsehood is alleged. It is sufficient that he actually was permitted to give such testimony or make such deposition or certificate.

Chamberlain v. People, 23 N. Y. 85; People v. Bowe, 34 Hun, 528; 3 N. Y. Cr.

149.

§ 99. Witness' knowledge of materiality of his testimony not necessary. It is no defense to a prosecution for perjury that the defendant did not know the materiality of the false statement made by him; or that it did not in fact affect the proceeding in or for which it was made. It is sufficient that it was material, and might have affected such proceeding.

Van Steenburgh v. Kortz, 10 Johns. 167; Rouse v. Ross, 1 Wend. 475; Wood v. People, 59 N. Y. 117; People v. Grimshaw, 20 W. Dig. 116; 2 N. Y. Cr. 390. See cases cited under § 96, ante.

100. Making of deposition, etc., when deemed complete.—The making of a deposition or certificate is deemed to be complete, within the provisions of this chapter, from the time when it is delivered by the defendant to any other person with intent that it be uttered or published as true.

People v. O'Reilly, 86 N. Y. 154; People v. Allen, 9 N. Y. State Rep'r, 626; Kane V. City of Brooklyn, 114 N. Y. 591.

§ 101. Statement of that which one does not know to be true.— An unqualified statement of that which one does not know to be true is equivalent to a statement of that which he knows to be false.

People v. McKinney, 3 Park. 510; Bennett v. Judson, 21 N. Y. 238; Com. v. Cornish, 6 Binn. 249; Steinman v. McWilliams, 6 Penn. St. 170; United States v. Shellmire, Baldw. 370; State v. Knox, Phil. N. C. 312; State v. Gates, 17 N. H. 373; People v. Dishler, 38 Hun, 176; 4 N. Y. Cr. 190.

102. Summary committal of witnesses who have committed perjury. Where it appears probable to a court of record that a person, who has testified before it in an action or proceeding in that court, has committed perjury in any testimony so given, the court may immediately commit him, by an order or process for that purpose, to prison, or take a recognizance, with sureties, for his appear. ng and answering to an indictment for perjury.

Lindsay v. People, 67 Barb. 548.

$103. Witnesses to perjury, may be bound over to appear.In a case specified in the last section, the court may bind over witnesses to establish the perjury, to appear at the proper court to testify before a grand jury, and also upon the trial, in case an indictment is found for the perjury. It must cause immediate notice of any such commitment or recognizance, with the names of the, witnesses so bound over, to be given to the district attorney of the county.

$104. Documents necessary to prove perjury may be detained. - In such a case, if a paper or document, produced by either party, is deemed by the court necessary to be used in the prosecution for the perjury, the court may detain the same, and direct it to be delivered to the district attorney.

§ 105. Subornation of perjury defined.-A person, who willfully procures or induces another to commit perjury, is guilty of subornation of perjury.

Stratton v People, 81 N. Y. 629; 20 Hun, 288; In re Eldridge, 82 N. Y. 161; 9 W. Dig. 6; People v. Evans, 40 N. Y. 1.

§ 106. Punishment of perjury and subornation.-Perjury and subornation of perjury are each punishable as follows:

1. When the perjury is committed upon the trial of an indictment for felony, by imprisonment for a term not exceeding twenty years. 2. In any other case, by imprisonment for a term not exceeding ten years.

CHAPTER VI.

FALSIFYING EVIDENCE.

SEC. 107. Offering false evidence.

108. Deceiving a witness.

109. Preparing false evidence.

110. Destroying evidence.

111. Preventing or dissuading witnesses from attending.
112. Inducing another to commit perjury.

113. Bribing witnesses.

107. Using forged, etc., evidence.-A person who, upon any trial, hearing, inquiry, investigation or other proceeding authorized by law, offers or procures to be offered in evidence or to be used on a motion, as genuine, a book, paper, document, record or other instrument in writing, knowing the same to have been forged or fraudulently altered, is guilty of felony. [AMD. CH. 378 of 1890.]

$108. Deceiving a witness.-A person who practices any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token or writing, to any witness or person about to be called as a witness, upon any trial, proceeding, inquiry or investiga tion whatever, conducted by authority of law, with intent to affect the testimony of such witness, is guilty of a misdemeanor.

In re Eldridge, 82 N. Y. 161; 9 W. Dig. 6.

109. Forging evidence. A person who fraudulently makes or prepares any false record, instrument in writing, or other matter or thing, with intent to produce it, or allow it to be produced in evidence, or on a motion, as genuine, upon any trial, hearing, investigation, inquiry, or other proceeding, authorized by law, is guilty of a felony. [AMD. CH. 378 of 1890.]

110. Destroying evidence.-A person who, knowing that a book, paper, record, instrument in writing, or other matter or thing, is or may be required in evidence, or on a motion, upon any trial, hearing, inquiry, investigation, or other proceeding, authorized by law, willfully destroys the same, with intent thereby to prevent the same from being produced, is guilty of a misdemeanor. [AMD. CH. 378 of 1890.]

Collyer v. Collyer, 50 Hun, 424; 21 N. Y. State Rep'r, 119.

$111. Preventing or dissuading witnesses from attending.-A per. son who willfully prevents or dissuades any person who has been duly summoned or subpoenaed as a witness from attending, pursuant to the summons or subpoena, is guilty of a misdemeanor.

Morse v. Grimke, 27 N. Y. State Rep'r, 266; 18 Civ. Proc. 40.

§ 112. Inducing another to commit perjury.—A person who without giving, offering or promising a bribe, incites or attempts to procure another to commit perjury, or to give false testimony as a witness, though no perjury is committed or false testimony given, or to withhold true testimony, is guilty of a misdemeanor.

Stratton v. People, 80 N. Y. 629. See cases cited under § 105, ante.

§ 113. Bribing witnesses. A person who gives or offers or promises to give, to any witness or person about to be called as a witness, any bribe, upon any understanding or agreement that the testimony of such witness shall be thereby influenced, or who attempts by any other means fraudulently to induce any witness to give false testimony or to withhold true testimony, is guilty of a felony. See cases cited under § 80, ante.

CHAPTER VII.

OTHER OFFENSES AGAINST PUBLIC JUSTICE.

SEC. 114. Injury to records and misappropriation by ministerial officers. 115. Permitting escapes, and other unlawful acts, committed by ministerial officers.

116. Neglecting or refusing to execute process.

117. General provision as to neglect of public officers.

117a. Neglect of county officer to make report.

118. Delaying to take person arrested for crime before a magistrate.

119. Making arrests, etc., without lawful authority.

120. Misconduct in executing search warrant.

121. Refusing to aid officer in making an arrest.

122. Refusing to make an arrest.

123. Resisting execution of process, aiding escapes, etc., in county which has been proclaimed in insurrection.

124 Resisting public officer in the discharge of his duty.

125. Compounding crimes.

126. Conviction of primary offender, etc.

127. Intimidating, etc., public officer.

128. Suppressing evidence.