himself or any other person shall be appointed to a public office, or to a clerkship, deputation, or other subordinate position, in such an office, or shall be permitted to exercise, perform, or discharge any prerogatives or duties, or to receive any emoluments, of such an office, is guilty of a misdemeanor.

Becker v. Ten Eyck, 6 Paige, 68; Tappen v. Brown, 9 Wend. 175; Mott v. Robins, 1 Hill, 21; Robinson v. Kalbfleisch, 5 Th. & C. 212; Gray v. Hook, 4 N. Y. 449; State v. Purdy, 36 Wis. 213; 17 Am. Rep. 485.

53. Asking or receiving reward for appointments, etc.- A person who asks or receives, or agrees to receive, any gratuity or reward, or any promise thereof, for appointing another person, or procuring for another person an appointment, to a public office or to a clerkship, deputation, or other subordinate position in such an office, is guilty of a misdemeanor. If the person so offending is a public officer, a conviction also forfeits his office.

Gray v. Hook, 4 N. Y. 449; Tappan v. Brown, 9 Wend. 175.

§ 54. Selling right to official powers.- A public officer who, for any reward, consideration or gratuity, paid or agreed to be paid, directly or indirectly, grants to another the right or authority to discharge any functions of his office, or permits another to make appointments or perform any of its duties, is guilty of a misdemeanor, and a conviction for the same forfeits his office and disqualifies him forever from holding any office whatever under this state.

See cases cited under § 52, ante.

§ 55. Appointment avoided by conviction. A grant, appointment, or deputation, made contrary to the provisions of either of the last two sections, is avoided and annulled by a conviction for the violation of either of those sections, in respect to such grant, appointment, or deputation; but any official act done before conviction, is unaffected by the conviction.

§ 56. Intrusion into public office. A person who willfully intrudes himself into a public office, to which he has not been duly elected or appointed, or who, having been an executive or administrative officer, willfully exercises any of the functions of his office, after his right to do so has ceased, is guilty of a misdemeanor.

See § 1498 of Code of Civ. Pro.

57. Officer refusing to surrender to successor.-A person who, having been an executive or administrative officer, 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.

People, etc. v. Stevens, 5 Hill, 616; In re Bartlett, 9 How. Pr. 414; Cobee v. Davis, 8 id. 367; People, etc. v. Dikeman, 7 id. 124; Welch v. Cook, id. 173-282; Conover's case, 5 Abb. 73; Devlin's case, id. 281; Matter of Whiting, 2 Barb. 513; Matter of Baker, 11 How. 418; Matter of Davis, 19 id. 323.

§ 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.

SEC. 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.

§ 59. Preventing meeting or organization of 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 will. fully 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 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. See §§ 46, 127.

§ 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 fraudulently 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 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.

State v. Ellis, 4 Vroom, 102; Sulston v. Norton, 3 Burr. 1235; §§ 1, 2, 3, art. 15 of N. Y. State Const.; People v. Sharp, 107 N. Y. 427, 439; 1 Am. Rep. 851.

§ 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. Marshall v. Balt. & O. R. Co., 16 How. (U. S.) 314; Fuller v. Dame, 18 Pick. 470; Hatzfield v. Gulden, Watts, 152; Clippinger v. Hepbaugh, 5 Watts & S. 315; Wood v. McCan, 6 Dana, 366: Hunt v. Test, 8 Ala. 719; Com. v. Callaghan, 2 Va. Cas. 460; Walsh v. People, 68 Ill. 58; Sulston v. Norton, 3 Burr. 1235.

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

Kilburn v. Thompson, 103 U. S. 168; Wilckens v. Willet, 1 Keyes, 521, 525; 4 Abb. App. Dec. 596; People v. Learned, 5 Hun, 626; People, ex rel. McDonald, v. Keeler, 99 N. Y. 463; People v. Sharp, 107 id. 427, 446; Matter of Dalton, 7 Cr. L. M. 601, 607, note.

§ 69. Id.; refusing to testify.-A person who being present before either house of the legislature or any committee thereof author

ized 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 misde

meanor.

See cases cited under § 68, ante; People, ex rel. Sabold, v. Webb, 23 N. Y. State Rep'r, 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.

CHAP.

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

records and documents.

V. Perjury and subornation of perjury.

VI. Falsifying evidence.

VII. Other offenses against public justice

VIII. Conspiracy.

§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.

State v. Ellis, 4 Vroom, 102; Klugman's case, 49 How. 484; State v. Carpenter, 20 Vt. 9; People v. Jaehne, 103 N. Y. 182, 190; People v. Sharp, 107 id. 427, 439; People v. Ah Fook, 62 Cal. 493.

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

People v. Jaehne, 103 N. Y. 182; 4 N. Y. Cr. 478; Jaehne v. People, 128 U. S. 189; 6 N. Y. Cr. 237, 239; People v. O'Neil, 109 N. Y. 251; 5 N. Y. Cr. 302; 48 Hun, 36; People v. Sharp, 107 N. Y. 427, 439; People v. Richmond, 5 N. Y. Cr. 97.

§ 73. Juror, arbitrator, or referee, promising verdict, etc.-A juror, or a person drawn or summoned to attend as a juror, or a person chosen arbitrator, or appointed referee, who either,

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

2. Willfully receives any communication, book, paper instrument, or information, relating to a cause or matter pending before him, except according to the regular course of proceeding upon the trial or hearing of that cause or matter;

Is guilty of a misdemeanor.

People, ex rel. Munsell, v. Ct. O. & T., 101 N. Y. 245; 4 N. Y. Cr. 70, aff'g 36 Hun, 277; 3 N. Y. Cr. 209.

§ 74. Juror, etc., accepting bribes.-A juror, referee, arbitrator, appraiser, or assessor, or other person authorized by law to hear or determine any question, matter, cause, controversy, or proceeding, who asks, receives, or agrees to receive, any money, property, or value of any kind, or any promise or agreement therefor, upon any agreement or understanding that his vote, opinion, action, judgment or decision, shall be influenced thereby, is punishable by imprisonment for not more than ten years, or by fine of not more than five thousand dollars, or both.

See 1193 of Code of Civ. Proc.; People v. Sharp, 107 N. Y. 427, 439; 12 N. Y. State Rep'r, 20.

§ 75. Embracery.-A person who influences or attempts to influence improperly, a juror in a civil or criminal action or proceeding, or one drawn or summoned to attend as such a juror, or one chosen an arbitrator, or appointed a referee, in respect to his verdict, judgment, report, award or decision in any cause or matter pending, or about to be brought before him, in any case, or in any manner not included in the last two sections, is guilty of a misdemeanor.

When guilty of contempt. Bergh's case, 16 Abb. Pr. (N. S.) 266; Klugman's case, 49 How. Pr. 484; Gibbs v. Dewey, 5 Cow. 503; People v. Sellick, 4 N. Y. Cr. 329; Turner v. Beardsley, 19 Wend. 348 State v. Sales, 2 Nev. 269. See § 1122 of Code of Civ. Proc.