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.

Revised Statutes.-The Revised Statutes applied only to those cases where there was no dispute as to the title grounded upon any reasonable foundation. People ex rel. Smith v. Barrett, 29 St. Rep., 159; 8 N. Y. Supp., 677. Its operation could not be defeated by a party alleging that there was a dispute, and even fortifying his claim by the opinion of counsel. Id.

Where a person, after the legal appointment of his successor, refused to deliver up the official books and papers, a proper case, under the Revised Statutes, was made out for the issuing of a warrant. Matter of Whiting, 2 Barb., 513. The delivery of official books and papers should not be compelled, unless the applicant's tile to the office is clear and free from reasonable doubt. People c. Stevens, 5 Hill, 616.

$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 POWER.

SECTION 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.

This title relates to crimes against the legislative power of the state, and contains provisions for the punishment of bribery of members of the legislature. People v. Jaehne, 3 St. Rep., 11; 103 N. Y., 190; 4 N. Y. Cr., 478.

§ 59. Preventing meeting or organization of either branch of the 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 a 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.

§ 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 fraudu lently 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 legislature, is guilty of a 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 withhold. 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.

See sections 1, 2 and 3, Art. 15 of State Constitution.

This section relates to the bribery of members of the legislature. People v. Sharp, 107 N. Y., 439; 5 N. Y. Cr., 572; 12 St. Rep., 217.

$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.

See sections 1, 2 and 3, Art. 15 of State Constitution.

§68. Witnesses refusing to attend before the legislature or legislative 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 summous, is guilty of a misdemeanor.

The case of People v. Sharp, 45 Hun, 491; 10 St. Rep., 522, was reversed in 107 N. Y., 427; 12 St. Rep., 217.

This section is a re-enactment of the common law. People v. Sharp, 9 St. Rep., 162.

This and the following section does not exclude the operation of section 79, post. People v. Sharp, 107 N Y., 439; 5 N. Y. Cr., 569; 12 St. Rep., 217. To re use to attend before a legislative committee renders the witness guilty of a misdemeanor. People v. Sharp, 107 N. Y., 439; 5 N. Y. Cr., 580; 12 St. Rep., 217.

§ 69. 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.

The case of People v. Sharp, 5 N. Y. Cr., 465; 45 Hun, 491; 10 St. Rep., 522, was reversed in 107 N. Y., 439; 5 N. Y. Cr.. 569; 12 St. Rep., 207.

The case of Matter of McDo ald, 2 N. Y. Cr.. 82, was reversed in People ex rel. McDonald v. Keeler, 2 N Y. Cr., 141, which was itself reversed, on appeal to the court of appeals, in 99 N. Y., 474; 3 N. Y. Cr., 348.

Re enactment.-This section re enacts the common law. People v. Sharp, 9 St. Rep., 162.

Contempt.-The Penal Code has not taken from the legislature all power to punish for contempt. Matter of McDonald, 32 Hun, 589, note; 2 N. Y. Cr., 82. This case, under the name of People ex rel. McDonald v. Keeler, was reversed in 32 Hun, 563. The court of appeals reversed the general term decision and affirmed the order of the court of oyer and terminer, except in so far as it remanded the relator to the custody of the sheriff.

A refusal to testify before a legislative committee renders a witness guilty of a misdemeanor. People v. Sharp, 107 N. Y., 439; 5 N. Y. Cr., 580; 12 St. Rep., 217; rev'g, 10 St. Rep., 522.

The provisions of the Revised Statutes relative to contumacious witnesses were not superseded nor abrogated by the Penal Code. People ex rel. McDonald v. Keeler, 99 N. Y., 474; 3 N. Y. Cr., 353.

Where the testimony of the witness is sought to be taken in a proper case, and if the inquiry does not relate to privileged matter, and is called for by a proper subpoena duces tecum, he is bound to answer, and the legislative committee, before which he is summoned, may enforce obedience to its order by proceedings for contempt. People ex rel. Sabold v. Webb, 23 St. Rep., 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 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 judicial and public

§ 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 imprisonment for not more than ten years, or by a fine of not more than five thousand dollars, or both.

Object. This section relates to the bribery of a judicial officer. People v. Sharp, 12 St. Rep., 217; 107 N. Y.. 439; 5 Ñ. Y. Cr., 572.

This section prescribes the offense of giving or offering a bribe to a judicial officer and certain other persons enumerated, connected either with the administration of justice, or who exercises quasi judicial functions. People v. Jaehne, 3 St. Rep., 11; 103 N. Y., 190; 4 N. Y. Cr., 478.

§ 72. Officer accepting bribe.-A judicial officer, a person who executes any of the functions of a public office not desig nated 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 imprisonment 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.

See notes under section 42, ante.

Application-This section relates to the accepting of a bribe by a judicial officer. People v. Sharp 107 N. Y., 439; 5 N. Y. Cr.. 572; 12 St. Rep. 217. This section supersedes section 58 of the Consolidation Act. Jaehne v. People, 6 N. Y. Cr., 240; 3 St. Rep., 11; People v. O'Neil, 109 N. Y., 262; 6 N. Y. Cr, 51; 14 St. Rep., 829.

Section 58 of the Consolidation Act is superseded by this section. Jaehne, 3 St. Rep., 11; 103 N. Y., 188; 4 N. Y. Cr.. 478.

People v.

This section repealed section 100 of the New York City Charter of 1873. People v. O'Neil, 109 N. Y.. 261; 6 N. Y. Cr., 51; 14 St. Rep., 829.

The section applies in general to the offense of bribery committed by municipal officers. People v. Jaehne, 103 N. Y., 192; 4 N. Y. Cr., 526; 3 St. Rep, 11.

The specification of judicial officers in this section is followed by words of the most comprehensive meaning, intended apparently to include, in this final provision all public officers within this state, of whatever character or graze, not included within the previous titles. Id.

The crime of bribery committed by a member of the common council of the city of New York, is defined and made punishable by this section. Id. This section is not retrospective in its terms, and is to be construed as prospective only. People v. O'Neil, 109 N. Y., 261; 6 N. Y. Cr., 51; 14 St. Rep.,

829.

This section is prospective merely, and can operate bribery committed after the Penal Code took effect. Y. Cr., 240; 3 St. Rep., 11.

only upon the crime of Jaehne v. People, 6 N.