CHAP. 158. utive, legislative or judicial officer, after his election or appointment, Acceptance of such officers. and either before or after he shall have been qualified, or shall have taken his seat, any valuable consideration or gratuity whatever, with intent to influence his act, vote, opinion or judgment in any matter, question, cause or proceeding, which may be pending, or which may legally come or be brought before him in his official capacity, he shall be punished by imprisonment in the state prison, not more than five years, or by fine, not exceeding three thousand dollars, and imprisonment in the county jail, not more than one year. SECT. 7. If any executive, legislative or judicial officer shall bribes, &c. by corruptly accept any valuable consideration or gratuity whatever, or any promise to make the same, or to do any act beneficial to such officer, under the agreement, or with the understanding, that his vote, opinion, decision or judgment, shall be given in any particular manner, or upon a particular side of any question, cause or other proceeding, which is, or may, by law, be brought before him in his official capacity, or that, in such capacity, he shall make any particular nomination or appointment, he shall forfeit his office, be forever disqualified to hold any public office, trust or appointment under this state, and shall be punished by imprisonment in the state prison, not more than ten years, or by fine, not exceeding five thousand dollars, and imprisonment in the county jail, not more than Corrupt solicitation of influence, to procure places of trust. 1821, 21, § 1. Acceptance of rewards, for us ing such influ ence. 1821, 21, § 2. Bribery of jurors, referees, masters in chan or auditors. one year. SECT. 8. If any person shall, directly or indirectly, give, offer or promise any valuable consideration or gratuity to any other person, not being such officer as is mentioned in the preceding section, with intent to induce such other person to procure for him, by his interest, influence or any other means whatever, any place of trust within this state, he shall be forever disqualified from holding any office or place of trust under this state; and shall be punished by a fine, not exceeding three hundred dollars, and by imprisonment in the county jail, not more than one year. SECT. 9. If any person, not being such officer, as is referred to in the seventh section, shall accept and receive of another any valuable consideration or gratuity whatever, as a reward for procuring or to procure any office or place of trust, within this state, for any person, he shall, on conviction, be forever disqualified from holding any office or place of trust within this state; and shall be punished by fine, not exceeding three hundred dollars, and imprisonment in the county jail, not more than one year. SECT. 10. Whoever shall corruptly give, offer or promise any valuable consideration or gratuity whatever to any person summoned, cery, appraisers appointed or sworn as a juror, or appointed or chosen arbitrator or umpire or referee, or to any master in chancery, or appraiser of real or personal estate, or auditor, with intent to influence the opinion or decision of any such person in any matter, inquest or cause, which may be pending or can legally come before him, or which he may be called on to decide in either of said capacities, shall be punished by imprisonment in the state prison, not more than five years, or by fine, not exceeding one thousand dollars, and imprisonment in the county jail, not more than one year. Acceptance of SECT. 11. If any person summoned, appointed or sworn as a juror, or appointed arbitrator, umpire or referee, or if any master in CHAP. 158. chancery, or auditor or appraiser as aforesaid, shall corruptly take bribes by such or receive any valuable consideration or gratuity whatever, to give persons. his verdict, award or report in favor of any particular party, or shall knowingly receive any gift or gratuity from any party to any suit, cause or proceeding for the trial of which such juror shall have been summoned, appointed or sworn, or, for the hearing or decision of which, such person shall have been summoned, or appointed or chosen, as aforesaid, he shall be punished by imprisonment in the state prison, not more than five years, or by a fine, not exceeding one thousand dollars, and imprisonment in the county jail, not more than one year. empted from SECT. 12. If either of the parties offending in any manner, The party indescribed in the six preceding sections, shall give information under forming exoath against the [other] party so offending, and shall duly prose- punishment. cute the same, he shall be exempted from the disqualifications and 1821, 21, § 3. punishments therein provided. referees. SECT. 13. Any person, who shall attempt improperly to influ- Attempt to corence any juror, in a civil or criminal cause, or any one drawn, or rupt jurors or summoned or appointed, or sworn as such juror, or any arbitrator or referee, in relation to any cause or matter, pending in or to be brought before the court, for which such juror shall have been drawn or summoned, or appointed or sworn, or, for the hearing and decision of which, such arbitrator or referee shall have been chosen or appointed, shall be punished by a fine, not exceeding two hundred dollars, or by imprisonment in the county jail, not more than three months. SECT. 14. If any person, drawn, summoned or sworn as a Misconduct of juror, shall make any promise or agreement to give a verdict for or jurors. against any person in a civil or criminal case, or shall receive any paper, evidence or information from any one in relation to any matter or cause, for the trial of which he shall be sworn, without the authority of the court or officer before whom such cause or matter shall then be pending, and without immediately disclosing the same to the said court or officer, he shall be punished by a fine, not exceeding two hundred dollars, or by imprisonment in the county jail, not more than three months. SECT. 15. If any sheriff, deputy sheriff, constable or coroner, shall receive, from a defendant or any other person, any money or other valuable thing, as a consideration or inducement for omitting or delaying to arrest any defendant, or to carry him before a magistrate or to prison, or for postponing, delaying or neglecting the sale of property on execution, or for omitting or delaying to perform any other duty pertaining to his office, he shall be punished by fine, not exceeding three hundred dollars, or by imprisonment in the county jail, not more than three months. Sheriffs, &c. receiving bribes for neglect of official duties. ments by attor demands for SECT. 16. If any attorney, justice of the peace, sheriff, deputy Corrupt agreesheriff, coroner or constable, shall loan or advance, or promise to neys, &c. in orloan or advance any money, or shall give or promise to give day der to obtain of payment of any money due on any demand, left with him for collection by collection, or shall give or promise any valuable consideration, or suits at law. shall become liable, in any manner whatever, for the payment of 1824, 256. money or other thing, or shall become surety for another for such 13 Pick. 79. 1821, 20. CHAP. 158. payment, or shall request, advise or procure another person to become responsible, or to be surety as aforesaid, with intent thereby to procure any account, note or other demand, for the purpose of making a profit to himself, from the fees arising from the collection thereof, by a suit at law, he shall be punished by a fine not exceeding five hundred dollars, nor less than twenty dollars; or the like sum or penalty may be recovered of such offender by action, in which case one half of the penalty, recovered, shall accrue to the use of the person who shall sue for the same in his own name, and the other half to the state. Extortion of illegal fees. 1821, 105, § 5. 10 Mass. 210. 15 Mass. 525. 17 Mass. 410. 2 Fairf. 143. Compounding offences, which are punishable with death or imprisonment for life. Compounding SECT. 17. If any person shall, corruptly and wilfully, demand and receive of another, for performing any service or official duty, for which the fee or compensation is established by law, or shall receive security for any greater fee or compensation than is allowed and provided for the same, or if any witness shall, falsely and corruptly, certify, that, as such, he has traveled more miles, or attended more days than he has actually traveled or attended, he shall be punished, on indictment and conviction, by a fine, not exceeding thirty dollars for each offence; or he shall forfeit a sum, not more than thirty dollars for each offence, to be recovered by action of debt; in which latter case, the forfeiture shall accrue to the person, who shall first sue for the same in his own name; but no indictment or action for such offence shall be sustained, unless commenced within one year after the commission of the offence. SECT. 18. If any person, having knowledge of the commission of any offence, punishable with death or imprisonment in the state prison for life, or for an unlimited number of years, shall take any money or any valuable consideration or gratuity, or any promise therefor, upon an agreement or understanding, express or implied, to compound or conceal such offence, or not to prosecute therefor, or not to give evidence thereof, he shall be punished by imprisonment in the state prison, not more than five years, or by fine, not exceeding five hundred dollars, and imprisonment in the county jail, not more than one year. SECT. 19. If any person, having knowledge of the commission other felonies. of any offence, punishable by imprisonment in the state prison for a limited term of years, shall be guilty, in relation thereto, of the offence described in the preceding section, he shall be punished by imprisonment in the county jail, not more than one year, and by fine, not exceeding five hundred dollars. Officers refus ing to execute criminal cases. processes in Suffering a per son convicted of a capital SECT. 20. If any officer, authorized to serve process, shall, wilfully and corruptly, refuse to execute any lawful process to him directed, requiring him to apprehend or confine any person, charged with or convicted of an offence, or shall wilfully and corruptly delay or omit to execute such process, whereby such person shall escape, he shall be punished by imprisonment in the county jail, not more than one year, or by fine, not exceeding one hundred dollars. SECT. 21. If any jailer or other officer shall voluntarily suffer any prisoner in his custody, upon conviction of a capital felony, to escape, he shall be punished by fine, not exceeding one thousand 1829, 430, § 6. dollars, and, in addition thereto, by imprisonment in the state prison felony to es for life. felony. SECT. 22. If any jailer or other officer shall voluntarily suffer CHAP. 158. any prisoner in his custody, upon charge of a capital felony, to Escape of a escape, he shall be punished by imprisonment in the state prison, with a capital not less than five years, and not more than fifteen years. SECT. 23. If any jailer or other officer shall, voluntarily, suffer 1829, 430, § 6. any prisoner in his custody, upon charge or conviction of any felony or any other criminal offence, not capital, to escape, he shall suffer the like punishment and penalties, as the prisoner, so suffered to escape, was sentenced to, or would be liable to suffer, upon conviction of the offence, wherewith he stood charged. Voluntary es capes, in other criminal cases. 1821, 110, § 11. SECT. 24. If any jailer or other officer shall, through negligence, Negligent essuffer any prisoner in his custody for any criminal offence to escape, capes, and reor shall wilfully refuse to receive into his custody any prisoner, ceive prisoners. lawfully committed thereto, on any criminal charge or conviction, 1821, i10, § 12. or on any lawful process whatever, he shall be punished by imprisonment in the county jail not more then two years, or by fine, not exceeding five hundred dollars. erwise aiding an escape. Res 1821, 110, § 13. SECT. 25. If any person shall convey into any jail, or other Furnishing place of confinement, any disguise, instrument, arms or other thing, means, or othproper or useful to aid any prisoner in making his escape, and with intent to facilitate the escape of any prisoner there lawfully detained cue. for any criminal offence, whether such escape be effected or attempted or not, or shall, by any means, aid or assist any such prisoner to escape, whether such escape be effected or not, or shall forcibly rescue any prisoner held in custody for any criminal offence, he shall be punished, when such prisoner was imprisoned or in custody for any felony, by imprisonment in the state prison, not more than seven years; and, when such prisoner was imprisoned or in custody for any offence, not a felony, by imprisonment in the county jail, not more than one year, or by fine not exceeding five hundred dollars. SECT. 26. If any person, being required, in the name of the state, by any sheriff, deputy sheriff, coroner or constable, shall neglect or refuse to assist any of them in the execution of their office, in any criminal case, or in the preservation of the peace, or the apprehending and securing any person for a breach of the peace, or in any escape or rescue of persons arrested on civil process, he shall be punished by imprisonment in the county jail, not more than thirty days, or by fine, not exceeding fifty dollars. Refusing to assist officers, 1821, 92, § 7. when required. the peace, on peace, &c. SECT. 27. If any justice of the peace, upon view of any breach Refusing to oof the peace, or any other offence proper for his cognizance, shall bey justices of require any person to apprehend and bring before him the offender view of any therein, every person so required, who shall refuse or neglect to obey breach of the such justice, shall be punished as provided in the preceding sec- 1821, 76, § 5. tion; and no person, to whom such justice shall be known, or shall declare himself to be a justice of the peace, shall be permitted to plead any excuse on pretence of ignorance of his office. tice of the or other officer. SECT. 28. If any person shall falsely assume to be a justice of Falsely assumthe peace, sheriff, deputy sheriff, coroner or constable, and shall ing to be a justake upon himself to act as such, or to require any one to aid or peace, sheriff, assist him in any matter pertaining to the duty of any such office, 1821, 92, § 8. he shall be punished by imprisonment in the county jail, not more 6 Greenl. 281. than one year, or by fine, not exceeding four hundred dollars. СНАР. 158. Disguising, to ecution of the SECT. 29. If any person shall disguise himself in any manner, with intent to obstruct the due execution of the laws, or to intimiobstruct the ex- date any officer, surveyor or other person in the legal discharge of his duty, under the laws and constitution of the state, whether such intent be effected or not, he shall be punished by imprisonment in the county jail, not more than one year, or by fine, not exceeding five hundred dollars. laws. Affrays between two or more persons. Unlawful as or more. CHAPTER 159. OF OFFENCES AGAINST THE PUBLIC PEACE. SECT. 1. Affrays between two or more per- SECT. 9. Duty of armed force, if called out sons. 2. Unlawful assembly of three or more. 3. Riot. 4. One person may be convicted, 5. Duty of magistrates, sheriffs, &c. 7. Neglect of duty by magistrates or 8. Power of magistrates, &c. if per sons assembled do not disperse. on such an occasion. 10. If any person be killed or wounded, magistrates and officers held guiltless; liability of the persons, unlawfully assembled, or refusing to assist in like case. 11. Pulling down houses, or premeditated personal injuries. 12. Extent of the liability of towns for injury to private property, by persons assembled, as in the fifth section. 13. Remedy of towns, against the persons doing the damage. SECTION 1. If two or more persons shall, voluntarily or by agreement, engage in any fight, or use any blows or violence towards each other, in an angry or quarrelsome manner, in any public place, to the terror or disturbance of others, they shall be deemed guilty of an affray; and every such offender, when no other punishment is provided by law, for the offence by him then committed, shall be prosecuted and punished in the same manner, as if he had been guilty of an assault and battery. SECT. 2. When three or more persons, in a violent or tumulsembly of three tuous manner, assemble together to do an unlawful act, or, when together, attempt to do, or make any advance or motion towards doing any act, whether lawful or unlawful, in an unlawful, violent or tumultuous manner, to the terror or disturbance of others, they shall be deemed guilty of an unlawful assembly; and every such offender shall be punished by imprisonment in the county jail, not more than one year, and by fine, not exceeding five hundred dollars. Riot. 10 Mass. 518. SECT. 3. When three or more persons together, and in a violent or tumultuous manner, commit an unlawful act, or together do a lawful act in an unlawful, violent or tumultuous manner, to the terror or disturbance of others, they shall be deemed guilty of a riot; and every such offender, on conviction thereof, shall be punished, as is provided in the preceding section; and, in addition thereto, he shall suffer such other punishment as he would be liable to, if he had alone committed such unlawful act. |