so offending, and may be compelled to attend and testify on any trial, hearing or proceeding, or investigation in the same manner as any other person. The testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person testifying. A person testifying shall not thereafter be liable to indictment, prosecution or punishment for the offense with reference to which his testimony was given, and may plead or prove the giving of testimony accordingly, in bar of such an indictment or prosecution.

Former section 41e was transferred to this section, and the words "forty-one q" and forty-one" substituted for "forty-one" and "forty-one a" by chap. 693 of 1893.

Amended by chap. 692 of 1893.

This amendment corrected the references to the sections.

§41t. Duress and intimidation of voters. Any person or corporation who directly or indirectly:

1. Üses or threatens to use any force, violence or restraint, or inflicts or threatens to inflict any injury, damage, harm or loss, or in any other manner practices intimidation upon or against any person in order to induce or compel such person to vote or refrain from voting at any election or to vote or refrain from voting for or against any particular person or persons or for or against any proposition submitted to voters at such election, or to place or cause to be placed or refrain from placing or causing to be placed, his name upon a registry of voters, or on account of such person having voted or refrained from voting at such election, or having voted or refrained from voting for or against any particular person or persons, or for or against any proposition submitted to voters at such election, or having registered or refrained from registering as a voter; or

2. By abduction, duress, or any forcible or fraudulent device or contrivance whatever impedes, prevents or otherwise interferes with the free exercise of the elective franchise by any voter, or compels, induces or prevails upon any voter to give or refrain from giving his vote for or against any particular person at any election; or

3. Being an employer pays his employes the salary or wages due in "pay envelopes," upon which there is written or printed any political motto, device or argument containing threats, express or implied, intended or calculated to influence the political opinions or actions of such employes, or within ninety days of a general election puts or otherwise exhibits in the establishment or place where his employes are engaged in labor, any hand bill or placard containing any threat, notice or information that if any particular ticket or candidate is elected or defeated, work in his place or establishment will cease, in whole or in part, his establishment be closed up, or the wages of his employes reduced, or other threats, express or implied, intended or calculated to influence the political opinions or actions of his employes, is guilty of misdemeanor, and if a corporation shall in addition forfeit its charter.

§ 41u. Conspiring to promote or prevent election.-Any two or more persons who conspire to promote or prevent the election of any person or persons to a public office by the use of any means which are prohibited by law, shall be punishable by imprisonment for not less than six months nor more than one year; provided, any act besides such agreement be done to effect the object thereof by one or more of the parties to such conspiracy.

§ 41v. Political assessments.-Any person who,

1. Being an officer or employe of the state, or of a political subdivision thereof, directly or indirectly, uses his authority or official influence to compel or induce any other officer or employe of the state or a political subdivision thereof, to pay or primise to pay any political assessments; or

2. Being an officer or employe of the state, or of a political subdivision thereof, directly or indirectly, gives, pays or hands over to any other such officer or employe any money or other valuable thing on account of or to be applied to the promotion of his election, appointment or retention in office, or makes any promise, or gives any subscription to such officer or employe to pay or contribute any money or other valuable thing for any such purpose or object; or

3. Being such an officer or employe and having charge or control of any building, office or room occupied for any purpose of the state or of a political subdivision thereof, consents that any person enter the same for the purpose of making, collecting, receiving or giving notice of any political assessment; or

4. Enters or remains in any such office, building or room, or sends or directs any letter or other writing thereto, for the purpose of giving notice of demanding or collecting, or being therein, gives notice of, demands, collects or receives, any political assessment; or

5. Prepares or makes out, or takes any part in preparing or making out, any political assessment, subscription or contribution, with the intent that the same shall be sent or presented to or collected of any such officer or employe; or

6. Sends or presents any political assessment, subscription, or contribution to, or requests its payment of, any such officer or employe,

Is guilty of a misdemeanor.

New, and added by chap. 693 of 1892.

§ 41w. Corrupt use of position or authority.-Any per son who,

1. While holding a public office, or being nominated or seeking a nomination or appointment therefor, corruptly uses or promises to use, directly or indirectly, any official authority or influence possessed or anticipated, in the way of conferring upon any person, or in order to secure, or aid any person in securing, any office or public employment, or any nomination, confirmation, promotion or increase of salary, upon consideration that the vote or political influence or action of the person so to be benefited or

of any other person, shall be given or used in behalf of any candidate, officer or party or upon any other corrupt condition or consideration; or

2. Being a public officer or employe of the state or a political subdivision having, or claiming to have, any authority or influence affecting the nomination, public employment, confirmation, promotion, removal, or increase or decrease of salary of any public officer or employe, or promises or threatens to use, any such authority or influence, directly or indirectly to affect the vote or political action of any such public officer or employe, or on account of the vote or political action of such officer or employe; or

3. Makes, tenders or offers to procure, or cause any nomination or appointment for any public office or place, or accepts or requests any such nomination or appointment, upon the payment or contribution of any valuable consideration, or upon an understanding or promise thereof, or

4. Makes any gift, promise or contribution to any person, upon the condition or consideration of receiving an appointment or election to a public office or a position of public employment, or for receiving or retaining any such office or position, or promotion, privilege, increase of salary or compensation therein or exemption from removal or discharge therefrom, is punishable by imprisonment for not more than two years or by a fine of not more than three thousand dollars or both.

New, and added by chap. 693 of 1892.

§ 41x. Failure to file candidate's statement of expenses. -Every candidate who is voted for at any public election held within this state shall, within ten days after such election, file as hereinafter provided an itemized statement showing in detail all the moneys contributed or expended by him, directly or indirectly, by himself or through any other person, in aid of his election. Such statement shall give the names of the various persons who received such moneys, the specific nature of each item, and the purpose for which it was expended or contributed. There shall be attached to such statement an affidavit subscribed and sworn to by such candidate, setting forth in substance that the statement thus made is in all respects true, and that the same is a full and detailed statement of all moneys so contributed or expended by him, directly or indirectly, by himself or through any other person, in aid of his election. "Candidates for offices to be filled by the electors of the entire state, or any division or district thereof greater than a county, shall file their statements in the office of secretary of state. The candidates for town, village and city offices, excepting in the city of New York, shall file their statements in the office of the town, village or city clerk, respectively, and in cities wherein there is no city clerk, with the clerk of the common council of the city wherein the election occurs. Candidates for all other offices, including all officers in

the city and county of New York, shall file their statements in the office of the clerk of the county wherein the election occurs. Any candidate for office who refuses or neglects to file a statement as prescribed in this section shall be guilty of a misdemeanor, and shall also forfeit his office.

Former section 41d and the last sentence of former section 41f, in substance, were combined to form this section by chap. 693 of 1892.

§ 41x. Procuring fraudulent certificates in order to vote. Any person who knowingly and willfully procures from any court, judge, clerk or other officer, a certificate of naturalization, which has been allowed, issued, signed or sealed in violation of the laws of the United States or of this state, with intent to enable himself or any other person to vote at any election when he or such person is not entitled by the laws of the United States to become a citizen or to exercise the elective franchise, is guilty of a felony.

This section was added by chap. 692 of 1893.

§ 41y. Presenting fraudulent certificates to registry boards to procure registration.-A person who knowingly and willfully presents to any board of officers, for the purpose of having himself or any other person placed upon any list or registry of voters, or to any board of officers for the purpose of enabling himself or any other person to vote at any election, any certificate of naturalization which has been allowed or issued by or procured from any judicial officer, clerk of a court, or other ministerial oflicer of a court, by any false statement, oath or representation, or in violation of the laws of the United States or of this state, with intent to enable any person to vote at any election, when such person is not entitled by the laws of the United States to become a citizen, or of this state, to exercise the elective franchise, is guilty of a felony.

This section was added by chap. 692 of 1893.

S41z. Any person who solicits from a candidate for an elective office money or other property, or who seeks to induce such candidate who has been placed in nomination to purchase any ticket, card or other evidence of admission to any ball, picnic, fair or entertainment of any kind, is guilty of a misdemeanor; but this section shall not apply to a request for a contribution of money by an authorized representative of the political party, organization or association to which such candidate belongs. [Added by chap. 155 of 1895; to take effect Sept. 1, 1895.]

TITLE VI.

OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE.

SECTION 42. Acting in a public office without having qualified.

43. Acts of officer de facto, not affected.

44. Giving or offering bribes.

45. Asking or receiving bribes.

46. Attempting to prevent officers from performing duty.

47. Resisting officers.

48. Taking, etc., unlawful fees or reward for performing or omitting official acts, etc., felony. Punishment.

48a. Comptroller not to be interested in tax sales.

486. Prison officers not to be interested in prison contracts.

48c. Appraiser taking fee or reward.

49. Asking or taking reward for omitting or delaying official acts.

50. Taking fees for services not rendered.

51. Taking unlawful reward as fee in extradition cases.

52. Corrupt bargain for appointments, etc.

53. Same.

54. Selling right to official powers.

This title relates to crimes against the executive power of the state, and prescribes the punishment for giving and offering bribes, or for asking or receiv ing of bribes by executive and administrative officers. People v. Jaehne, 3 St. Rep., 11; 103 N. Y., 190; 4 N. Y. Cr., 478.

§ 42. Acting in a public office without having qualified. -A person who executes any of the functions of a public office without having taken and duly filed the required oath of office, or without having executed and duly filed the required security, is guilty of a misdemeanor, as prescribed by law.

Amended by chap. 692 of 1893.

This amendment substituted for the words, "and in addition to the punishment prescribed therefor, he forfeits his right to the office," the words, "as prescribed by law."

De facto-The omission of a duly elected commissioner of highways to execute and file an official bond, does not render his official acts void in such a sense as to make him liable as a trespasser therefor. Foot v. Stiles, 57 N. Y., 399. Until, in and by a direct judicial or other authorized proceeding, the forfeiture is judicially declared, he is rightfully in office, at least so far as the rights of third parties are concerned, and the question cannot be raised collaterally. Id.

In People ex rel. Bush v. Thornton, 25 Hun, 456, it was held that the inability of a person, receiving the certificate of election, to take truthfully the oath of office does not disqualify him from holding it.

An officer de facto indicted for malfeasance in office is estopped from objecting that he is not such de jure. People v. Church, 3 N. Y. Cr., 57; 1 How., N. S., 366.

Failure to take oath.-A failure to take the oath does not create a vacancy, but only furnishes a cause for forfeiture to be declared in a proper proceeding. People ex rel. Willson v. Trustees, etc., 59 Hun, 204; 36 St. Rep., 318; 13 N. Y. Supp., 447; aff'd, without opinion in 128 N. Y., 657.

Removal upon conviction.-There are a number of cases specified in the Penal Code, where removal from office follows a conviction of a public officer for a crime. People v. Meakim, 44 St. Rep., 751; 8 N. Y. Cr., 410; 133 N. Y., 221; aff'g 61 Hun, 327; 40 St. Rep., 686. See further sections 45, 53, 54, 72, 707 and 708, post.

§ 43. Acts of officer de facto not affected. The last section must not be construed to affect the validity of acts done by a person exercising the functions of a public office in fact, where other persons than himself are interested in maintaining the validity of such acts.

Who a de facto officer.-A person elected to an office who neglects to give security and take the official oath is, nevertheless, a de facto officer. Greenleaf v. Low, 4 Denio, 168.

To constitute a person an officer de facto, a mere claim to be such officer and exercising the duties of the office are not sufficient. Rochester & Genesee Valley Railroad v. Clarke National Bank, 60 Barb., 234. He is one who exercises the duties of an office under color of right, by virtue of an appointment or election to such office. Id. There must be at least a presumption that he is rightfully in office. Id.

One who receives an appointment to office from a proper authority is an officer de facto, though his appointment is informal. Hamlin v. Dingman, 5 Lans., 61.