4072. Persons liable to punishment. The following persons are liable to punishment under the laws of this state:

1. All who commit, in whole or in part, any crime within this state.

2. All who commit larceny or robbery out of this state, and bring or are found with the property stolen within this state.

3.

All who, being out of this state, cause or aid, advise or encourage, another person to commit a crime within this state, and are afterward found therein. [C. L. § 4388.

4073. Classified as principals and accessories. Parties to crimes are classified as:

4074. Principals defined. All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission, and all persons counseling, advising, or encouraging children under the age of fourteen years, lunatics, or idiots, to commit any crime, and all persons who by fraud, contrivance, or force, occasion the drunkenness of another for the purpose of causing him to commit any crime, or who by threats, menaces, command, or coercion, compel another to commit any crime, are principals in any crime so committed. [C. L. § 4390. 22 4072, 4581. Jurisdiction over principal and accessory, 22 4581, 4586, 4587.

Cal. Pen. C. ? 31.

Principals and accessories; certain distinctions abolished, 4751. Principals without the state,

4075. Accessories defined. All persons, who, after full knowledge that a felony has been committed, conceal it from the magistrate, or harbor and protect the person charged therewith or convicted thereof, are accessories. [C. L. § 4391.

Cal. Pen. C. ¿ 32.

Compounding felony, 4145. Compromising offenses, ?? 5062, 5063.

4076. Punishment of accessory when not defined. Except in cases where a different punishment is prescribed, an accessory is punishable by imprisonment in the state prison not exceeding five years, or in the county jail not exceeding one year, or by fine not exceeding five thousand dollars, or by both fine and imprisonment. [C. L. § 4392*.

Cal. Pen. C. 33*.

Accessory may be tried and punished though principal not tried, or, if tried, acquitted, 2 4752.

CHAPTER 4.

CRIMES AGAINST THE EXECUTIVE POWER.

4077. Exercising public office without having qualified. Every person who exercises any of the functions of a public office without having taken and filed the oath of office, or without having executed and filed the required bond, is guilty of a misdemeanor. [C. L. § 4393.

Cal. Pen. C. 65.

4078. Qualification of preceding section. The last section shall not be construed to affect the validity of acts done by a person exercising the func tions of a public office in fact, where other persons than himself are interested in maintaining the validity of such acts. [C. L. § 4394.

Cal. Pen. C. 2 66.

4079. Giving or offering bribe to executive officer. Every person who gives or offers any bribe to any executive officer in this state, with intent to influence him in respect to any act, decision, vote, opinion, or other proceeding as such officer, is guilty of a felony. [C. L. § 4395. Cal. Pen. C. 2 67*.

Construction of "bribe," 4053. Bribery of judi

cial officer, ?? 4104-4106. Bribery of legislative officer, 4093-4095.

4080. Executive officer asking or receiving bribe. Every executive officer, or person elected or appointed to an executive office, who asks, receives or agrees to receive, any bribe, upon any agreement or understanding that his vote, opinion, or action upon any matter then pending, or which may be brought before him in his official capacity, shall be influenced thereby, is guilty of felony. [C. L. § 4396.

Cal. Pen. C. 68*.

4081. Interfering with or resisting officer. Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law, or who knowingly resists, by the use of force or violence, such officer in the performance of his duty, is punishable by fine not exceeding one thousand dollars and imprisonment in the county jail not exceeding one year. [C. L. § 4397.

Cal. Pen. C. 2 69*.

Retaking goods from officer, ? 4113. Resisting or obstructing officer, ? 4142.

4082. Officer asking or receiving gratuity. Every executive or ministerial officer who asks or receives any emolument, gratuity, or reward, or any promise thereof, excepting such as may be authorized by law, for doing any official act, is guilty of a misdemeanor. [C. L. § 4398*.

Cal. Pen. C. 2 70.

4083. Presentation of unlawful claim. Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer or to any county, city, town, or district board or officer, authorized to allow or pay the same, if genuine, any false or fraudulent claim, bill, account, voucher, or writing is guilty of felony. [C. L. § 4399*.

Cal. Pen. C. 72.

4084. Buying appointment to office. Every person who gives or offers any gratuity or reward, in consideration that he or any other person shall be appointed to any public office, or shall be permitted to exercise or discharge the duties thereof, is guilty of a misdemeanor. [C. L. § 4400.

Cal. Pen. C. 273.

4085. Selling appointment to office. Every public officer, who, for any gratuity or reward, appoints another person to a public office, or presents another person to exercise or discharge any of the duties of his office, is punishable by a fine not exceeding one thousand dollars. [C. L. § 4401.

Cal. Pen. C. 2 74*.

4086. Wrongful exercise of functions of public office. Every person who wilfully and knowingly intrudes himself into any public office to which he has not been elected or appointed, and every person who, having been an executive officer, wilfully exercises any of the functions of his office after his term has expired and a successor has been elected or appointed, and has qualified, is guilty of a misdemeanor. [C. L. § 4402.

Cal. Pen. C. ? 75.

4087. Officer withholding records, etc., from successor. Every officer whose office is abolished by law, or who, after the expiration of the time for which he may be appointed or elected, or after he has resigned or been legally removed from office, wilfully and unlawfully withholds or detains from his successor or other person entitled thereto the official seal or any records, papers, documents, or other writing appertaining or belonging to his office, or mutilates, destroys, or takes away the same, is guilty of a felony. [C. L. § 4403*.

Cal. Pen. C. 2 76*.

Mutilating or destroying public records, ?? 4119, 4120, 4315.

4088. Officer withholding books, etc., from successor. Every officer whose office is abolished by law, or who, after the expiration of the time for which he may be appointed or selected, or after he has resigned or been legally removed from office, who wilfully or unlawfully withholds or detains from his successor or other person entitled thereto, any volume of the laws, or of supreme court reports, or of other like books belonging to the office, shall be deemed guilty of a misdemeanor.

CHAPTER 5.

CRIMES AGAINST THE LEGISLATIVE POWER.

4089. Preventing meetings of legislature or members thereof. Every person who wilfully, 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 guilty of a felony.

Cal. Pen. C. 81.

4090. Disturbing the legislature. Every person who wilfully 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, tending to interrupt its proceedings or impair the respect due its authority, is guilty of a misdemeanor.

Cal. Pen. C. 82.

4091. Altering draft of bill. Every 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 a felony.

Cal. Pen. C. 2 83.

4092. Altering engrossed copy of bill. Every person who fraudulently alters the engrossed copy or enrollment of any bill or resolution which has been passed or adopted 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 statutes, in language different from that in which it was passed or adopted by the legislature, is guilty of a felony.

Cal. Pen. C. 284.

4093. Giving or offering bribe to member. Every person who gives or offers a bribe to any member of the legislature or to another person for him, or attempts by menace, deceit, suppression of truth, or any corrupt means, to influence a member in giving or withholding his vote, or in not attending the house or any committee of which he is a member, is guilty of a felony. officers, ?? 4077-4087. Corruption of judicial offi"Bribe" defined, 24053. Corruption of executive cers, 4104-4111.

Cal. Pen. C. 85.

4094. Members asking or receiving bribe. Every 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 a 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 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 guilty of a felony.

Cal. Pen. C. 86*.

4095. Member promising to trade vote or influence. Every person elected to either house of the legislature who offers or promises to give his vote or influence in favor of or against any measure or proposition, pending or proposed to be introduced into the legislature, in consideration or upon condition that any other person elected to the same legislature will give, or will promise or assent to give his vote or influence, in favor of or against any other measure or proposition, pending or proposed to be introduced into such legislature, the person making such offer or promise is guilty of a felony.

Mont. Pen. C. ? 166.

4096. Members trading votes or influence. Every member of the legislature who gives his vote or influence for or against any measure or proposition pending or proposed to be introduced in such legislature, or offers, promises, or assents to give, upon condition that any other member will give, or will promise or assent to give, his vote or influence in favor of or against any other measure or proposition pending or proposed to be introduced in such legislature, or in consideration that any other member has given his vote or influence for or against any other measure or proposition in such legislature, is guilty of felony.

Mont. Pen. C. 167.

4097. Corruptly soliciting official action of public officer. Every person who corruptly solicits, directly or indirectly, the official action of any member of the legislature or of any public officer of the state, or of any municipal division thereof, is guilty of felony.

Mont. Pen. C. 169.

4098. Member failing to disclose personal interest in bill. Every member of the legislature who has a personal or private interest in any measure or bill, proposed, or pending before the legislature of which he is a member, and does not disclose the fact to the house of which he is a member, and votes thereon, is guilty of a misdemeanor.

Mont. Pen. C. ? 170.

4099. Vote in consideration of governor's action on bill. Every person elected to either house of the legislature who gives, or offers or promises to give, his official vote or influence in favor of or against any measure or proposition pending or proposed to be introduced into, or that has already passed or been passed by either house of the legislature, in consideration or on condition that any person, being governor of this state, shall approve or disapprove, veto or sign, or agree to approve or disapprove, veto or sign, any such measure or proposition. or any measure, proposition, bill, or act or proposed law that has already passed or been passed by said legislature, or either house thereof, or in consideration or upon condition that any person, being or acting governor of this state, shall nominate for appointment or appoint or remove any person or persons to or from any office or position under the laws of this state, shall be deemed guilty of a felony. N. Dak. (1895) ? 6930*.

4100. Id. Id. Vote of senator in consideration of appointment. Every person elected to the senate of this state who shall offer or agree to give his official vote or influence for or against the confirmation of any person or persons nominated or to be nominated for appointment or appointed or to be appointed to any office in this state, in consideration or upon condition that the person being

governor of this state shall nominate for appointment or appoint or refuse to appoint or nominate for appointment any person or persons to or for any office or position in this state, shall be guilty of felony.

N. Dak. (1895) 6931*.

4101. Witness refusing to attend or testify before legislature. Every person who, being summoned to attend as a witness before either house of the legislature or any committee thereof, refuses or neglects, without lawful excuse, to attend pursuant to such summons, and every person who, being present before either house of the legislature, or any committee thereof, wilfully refuses to be sworn, 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.

Cal. Pen. C. 287.

4102. Lobbying for hire. Every person who obtains, or seeks to obtain, money or other thing of value from another person upon a pretense, claim, or representation that he can or will improperly influence in any manner the action of any member of any legislative body in regard to any vote or legislative matter, is guilty of a felony.

Mont. Pen. C. 172.

4103. Testimony must be given though incriminating. Upon the trial no person, otherwise competent as a witness, shall be excused from testifying as such concerning any offense charged under this chapter, on the ground that such testimony may criminate himself, or subject him to public infamy, but such testimony shall not afterward be used against him in any judicial proceeding, except for perjury in giving such testimony.

Mont. Pen. C. 172.

CHAPTER 6.

CORRUPTION OF JUDICIAL OFFICERS.

4104. Giving bribes to judicial officers, etc. Every person who gives or offers to give a bribe to, or who attempts corruptly to influence, any judicial officer, juror, referee, arbitrator, umpire, appraiser, or any person who may be authorized by law to hear and determine any question or controversy, with intent to influence his vote, opinion, or decision upon any matter or question which is or may be brought before him for decision, is guilty of a felony. [C. L. § 4404*.

Cal. Pen. C. ? 92*.

Bribe" defined, 2 4053. Corruption of executive officer, 22 4077-4087. Corruption of legislative

power, ?? 4089-4103. Corruption of witnesses, ?? 4135-4137.

4105. Judicial officer, etc., receiving bribe. Every judicial officer, juror, referee, arbitrator, umpire, appraiser, or other person authorized by law to hear or determine any question or controversy, who asks or receives, or agrees to receive, any bribe, upon any agreement or understanding that his vote, opinion, or decision upon any matter or question which is or may be brought before him for decision, shall be influenced thereby, is guilty of a felony. [C. L. § 4405*.

Cal. Pen. C. ? 93*.

4106. Judicial officer receiving gratuity, etc. Every judicial officer who asks or receives any emolument, gratuity, or reward, or any promise thereof, except such as may be authorized by law, for doing any official act, is guilty of a misdemeanor. [C. L. § 4406.

Cal. Pen. C. 294. Cal. Sup. '95, 94, p. 2.