4107. Attempt to corruptly influence juror, referee, etc. Every person who corruptly attempts to influence a juror, or any person summoned or drawn as a juror, or chosen as an arbitrator or umpire, or appointed a referee, in respect to his verdict in, or decision of, any cause or proceeding pending or about to be brought before him, either:

1. By means of any communication, oral or written, had with him except in the regular course of proceedings; or

2.

By means of any book, paper, or instrument exhibited otherwise than in the regular course of proceedings; or

3.

By means of any threat, intimidation, persuasion or entreaty; or

4. By means of any promise, or assurance of any pecuniary or other advantage, is guilty of a misdemeanor. [C. L. § 4407*.

Cal. Pen. C. 95*.

4108. Misconduct of juror, referee, etc. Every juror or person drawn or summoned as a juror, or chosen arbitrator or umpire, or appointed referee, who:

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

2. Wilfully and corruptly permits any communication to be made to him, or receives any book, paper, instrument, or information relating to any cause pending before him, except according to the regular course of proceedings upon the trial of such cause,-is punishable by fine not exceeding one thousand dollars, or by imprisonment in the state prison not exceeding one year. [C. L. $ 4408.

Cal. Pen. C. ? 96*.

4109. Drawing of jurors fraudulently. Every person authorized by law to assist at the drawing of any jurors to attend any court, who wilfully puts or consents to the putting upon any list of jurors as having been drawn, any name which shall not have been drawn for that purpose in the manner prescribed by law; or, who omits to place on such list any name that shall have been drawn in the manner prescribed by law; or, who signs or certifies any list of jurors as having been drawn which was not drawn according to law; or, who is guilty of any other unfair, partial, or improper conduct in the preparation or drawing of any list of jurors, is guilty of a misdemeanor.

N. Dak. (1895) 6942.

4110. Justice or constable purchasing judgment. Every justice of the peace or constable of the same precinct, who purchases or is interested in the purchase of any judgment or part thereof, on the docket of, or on any docket in possession of, such justice, is guilty of a misdemeanor. [C. L. § 4409.

Cal. Pen. C. ? 97.

Justice or constable not to be interested in action as attorney, agent, etc., penalty, ? 4155.

4111. Officer convicted to forfeit office. Every officer convicted of any crime defined in this chapter, in addition to the punishment prescribed, forfeits his office. [C. L. § 4410. Cal. Pen. C. ? 98*.

Disqualification by crime, ?? 4066, 4317.

CHAPTER 7.

RESCUES.

4112. Rescuing prisoners. Every person who rescues, or attempts to rescue, or aids another person in rescuing or attempting to rescue, any prisoner from any prison or jail, or from any officer or person having him in lawful custody, is punishable as follows:

1. If such prisoner was in custody upon a conviction of felony punishable

with death, by imprisonment in the state prison not less than one nor more than five years.

2. If such prisoner was in custody upon a conviction of any other felony, by imprisonment in the state prison not less than six months nor more than one year.

3. If such prisoner was in custody upon a charge of felony, by fine not exceeding five hundred dollars or by imprisonment in the county jail not exceeding one year, or by both.

4. If such prisoner was in custody otherwise than upon a charge or conviction of felony, by fine in any sum less than three hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both. [C. L. § 4411.

Cal. Pen. C. ? 101*.

Retaking after rescue, ?? 4655, 4656.

4113. Taking or destroying goods in possession of officer. Every person who wilfully injures or destroys, or takes or attempts to take, or assists any person in taking, or attempting to take, from the custody of any officer or person, any personal property which such officer or person has in charge under any process of law, is guilty of a misdemeanor. [C. L. § 4412.

Cal. Pen. C. 102.

Resisting or interfering with officer, ?? 4081, 4142.

CHAPTER 8.

ESCAPES.

4114. Escaping from state prison. Every prisoner confined in the state prison for a term less than for life, who escapes, or attempts to escape therefrom, is punishable by imprisonment in the state prison for a term not less than one year nor more than ten years; said second term of imprisonment to commence from the time he would otherwise have been discharged from said prison. Mont. Pen. C. ?? 220, 221*.

Retaking after escape, ?? 4655, 4656. Jurisdiction of escape, ?? 4593, 4594.

4115. Escaping from other than state prison. Every prisoner confined in any prison other than the state prison, who escapes or attempts to escape therefrom, is guilty of a misdemeanor.

Mont. Pen. C. ¿ 222.

4116. Officer aiding or permitting escape. Every keeper of a prison, sheriff, deputy sheriff, constable, or jailer, or person employed as a guard, who fraudulently contrives, procures, aids, connives at, or voluntarily permits, the escape of any prisoner in custody, is punishable by imprisonment in the state prison not exceeding three years, and by fine not exceeding one thousand dollars. [C. L. § 4413.

Cal. Pen. C. ? 108*.

4117. Assisting prisoner to escape. Every person who wilfully assists any prisoner confined in any prison, or in the lawful custody of any officer or person, to escape, or in an attempt to escape, from such prison or custody, is punishable as provided in the preceding section. [C. L. § 4414.

Cal. Pen. C. 109.

4118. Furnishing implements, etc., to aid in escape. Every person who carries or sends into a prison anything to aid a prisoner in making his escape, with intent thereby to facilitate the escape of any prisoner confined therein, is punishable as provided in section forty-one hundred and sixteen of this chapter. [C. L. § 4415.

Cal. Pen. C. 110.

CHAPTER 9.

PUBLIC RECORDS.

4119. Larceny or mutilation of records, etc., by a custodian. Every officer having the custody of any record, map or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his hands for any purpose, who is guilty of stealing, wilfully destroying, mutilating, defacing, altering, falsifying, removing, or secreting the whole or any part of such record, map, book, paper, or proceeding, or who permits any other person so to do, is guilty of felony. [C. L. § 4416.

Cal. Pen. C. 2 113*.

No limitation upon prosecution for falsification of public records, 4597. Forgery, ?? 4343-4348.

Falsifying evidence, ?? 4131-4137. Withholding records from successor or mutilating or destroying records, ?? 4087, 4315.

4120. Id. By other than custodian. Every person, not an officer such as is referred to in the preceding section, who is guilty of any of the acts specified in that section, is punishable by imprisonment in the state prison not exceeding three years, or in a county jail not exceeding one year, or by a fine not exceeding one hundred dollars, or by both. [C. L. § 4417.

Cal. Pen. C. 114*.

4121. Offering false or forged instrument for record. Every 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. [C. L. § 4418.

Cal. Pen. C. ? 115.

CHAPTER 10.

PERJURY.

4122. Perjury defined. Every person who, having taken an oath that he will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which such an oath may by law be administered, wilfully and contrary to such oath, states as true any material matter which he knows to be false, is guilty of perjury. [C. L. § 4419.

Cal. Pen. C. 118.

Indictment for perjury, proof, 4748. The testimony of a witness may always be used against him in a prosecution for perjury, 4060.

Indictment for perjury set out and held good. People v. Greenwell, 5 U. 112; 13 P. 89.

Defendant was indicted for perjury for swearing upon his voir dire that he believed polygamy to be

4123. Term "oath" defined. section, includes an affirmation, and attesting the truth of that which is stated.

Cal. Pen. C. 119.

wrong, and did not believe it was right for a man to have more than one wife at the same time; defendant, after testifying as above, explained to several witnesses that he did not believe polygamy to be right because he went further and knew it to be right; held, that he was properly convicted under section 5392, R. S. U. S. U. S. v. Brown, 6 U. 115; 21 P. 461.

The term "oath," as used in the last every other mode authorized by law of [C. L. § 4420. "Oath" defined, ? 2498.

4124. Oath of office when not as relates to the future performance of intended by the two preceding sections.

Cal. Pen. C. ? 120.

included. So much of an oath of office official duties is not such an oath as is [C. L. § 4421.

4125. Irregularity in administering oath no defense. It is no defense to a prosecution for perjury that the oath was administered or taken in an irregular manner.

Cal. Pen. C. 121.

[C. L. § 4422.

4126. Incompetency of witness no defense. It is no defense to a prosecution for perjury that the accused was not competent to give the testimony, deposition, or certificate of which falsehood is alleged. It is sufficient that he did give such testimony or make such deposition or certificate. [C. L. § 4423.

Cal. Pen. C. 122.

It is no

4127. Witness' ignorance of materiality no defense. defense to a prosecution for perjury that the accused 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 been used to affect such proceeding. [C. L. § 4424.

Cal. Pen. C. 123.

4128. Deposition, 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 accused to any other person with the intent that it be uttered or published as true. [C. L. § 4425.

Cal. Pen. C. 124.

4129. Penalty for perjury. Perjury is punishable by imprisonment in the state prison not less than one nor more than ten years. [C. L. § 4426. Cal. Pen. C. 126*.

4130. Subornation of perjury. Every person who wilfully procures another person to commit perjury is guilty of subornation of perjury, and is punishable in the same manner as he would be if personally guilty of the perjury so procured. [C. L. § 4427.

Cal. Pen. C. 127.

CHAPTER 11.

FALSIFYING EVIDENCE.

4131. Offering false documentary evidence. Every person who, upon any trial, proceeding, inquiry, or investigation whatever, authorized or permitted by law, offers in evidence as genuine or true, any book, paper, document, record, or other instrument in writing, knowing the same to have been forged or fraudulently altered or antedated, is guilty of a felony. [C. L. § 4428.

Cal. Pen. C. 132.

Forgery, 4343-4348. Mutilating or falsifying public records, 22 4087, 4119, 4315.

4132. Unlawfully influencing witness. Every person who practices any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token, or writing, to any witness or any person about to be called as a witness upon any trial, proceeding, inquiry, or investigation whatever, authorized by law, with intent to affect the testimony of such witness, is guilty of a misde

meanor.

Cal. Pen. C. ? 133.

4133. Preparing false evidence. Every person guilty of preparing any false or antedated book, paper, record, instrument in writing, or other matter or thing, with intent to produce or allow it to be produced for any fraudulent or deceitful purpose, as genuine or true, upon any trial, proceeding, or inquiry whatever, authorized by law, is guilty of a misdemeanor.

Cal. Pen. C. 134.

4134. Destroying or concealing evidence. Every person who, knowing that any book, paper, instrument in writing, or other matter or thing. is about to be produced in evidence upon any trial, inquiry, or investigation

whatever, authorized by law, wilfully destroys or conceals the same, with intent thereby to prevent it from being produced, is guilty of a misdemeanor.

Cal. Pen. C. 135.

4135. Preventing or dissuading witness from attending. Every person who wilfully prevents or dissuades any person who is or may become a witness, from attending upon any trial, proceeding, or inquiry authorized by law, is guilty of a misdemeanor. [C. L. § 4429.

Cal. Pen. C. 136.

4136. Bribing witness. Every 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 or to withhold true testimony, is guilty of a misdemeanor. [C. L. § 4430.

Cal. Pen. C. 137*.

Corruption of judicial officers, ?? 4104-4111. "Bribe" defined, ? 4053.

4137. Receiving or offering to receive bribe. Every person who is a witness, or is about to be called as such, who receives or offers to receive any bribe, upon any understanding that his testimony shall be influenced thereby, or that he will absent himself from the trial or proceeding upon which his testimony is required, is guilty of a misdemeanor. [C. L. § 4431.

Cal. Pen. C. 138*.

CHAPTER 12.

OTHER OFFENSES AGAINST PUBLIC JUSTICE.

4138. Officer refusing to receive or arrest criminal. Every sheriff, keeper of a jail, constable, or other peace officer, who wilfully refuses to receive or arrest any person charged with a criminal offense, is punishable by fine not exceeding one thousand dollars, and imprisonment in the county jail not exceeding one year. [C. L. § 4432.

Cal. Pen. C. 142*.

4139. Delay in taking person arrested before magistrate. Every public officer or other person, having arrested any person upon a criminal charge, who wilfully delays to take such person before a magistrate having jurisdiction to take his examination, is guilty of a misdemeanor. [C. L. § 4433.

Cal. Pen. C. 145.

Defendant to be taken before magistrate without delay, 22 4628, 4650.

4140. Making arrest, etc., without lawful authority. Every public officer, or person pretending to be a public officer, who under the pretense or color of any process or other legal authority, arrests any person or detains him against his will, or seizes or levies upon any property, or dispossesses any one of any lands or tenements, without a regular process or other lawful authority therefor, is guilty of a misdemeanor. [C. L. § 4434.

Cal. Pen. C. 146.

4141. Inhumanity to prisoner. Every officer who is guilty of wilful inhumanity or oppression toward any prisoner under his care or in his custody. is punishable by fine not exceeding one thousand dollars or by imprisonment in the county jail not exceeding one year. [C. L. § 4435.

oner, 4504. Arrested person not to be treated with unnecessary rigor, Con. art. 1, sec. 9.

4142. Resisting or obstructing officer. Every person who wilfully resists, delays, or obstructs any public officer, in the discharge or attempt to