§ 76. Misconduct of officers at drawing of jurors.-A person authorized by law to assist at the drawing or impaneling of grand or trial jurors to attend a court, or a term of a court, or to try any cause or issue, who either 1. Designedly puts, or consents to the putting, upon a list of jurors as having been drawn, any name which was not lawfully drawn for that purpose; or 2. Designedly omits to place on such a list any name which was lawfully drawn; or 3. Designedly signs or certifies a list of such jurors as having been drawn which was not lawfully drawn; or 4. Designedly withdraws from the box, or other receptacle for the ballots containing the names of such jurors, any paper or ballot lawfully placed or belonging there and containing the name of a juror, or omits to place in such box or receptacle any name lawfully drawn or designated, or places in such box or receptacle a paper or ballot containing the name of a person not lawfully drawn and designated as a juror; or 5. In the drawing of such jurors, does any act which is unfair, partial, or improper in any other respect; Is guilty of a misdemeanor. But this section shall not apply to the city and county of New York or the county of Kings. See § 1122 of Code of Civ. Proc. 77. Misconduct of officer having charge of juries.-An officer to whose charge any juror is committed by a court or magistrate, who negligently or willfully permits them, or any of them, without leave of the court or magistrate. 1. To receive any communication from any person; 2. To make any communication to any person; 3. To obtain or receive any book or paper, or refreshment; or, 4. To leave the jury room. Is guilty of a misdemeanor. 78. Bribing public officers.-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 person executing any of the functions of a public officer, other than one of the officers or persons designated in Title VI, Title VII, and section 71 of Title VIII of this Code, with intent to influence him in respect to any act, decision, vote, or other proceeding, in the exercise of his powers or functions, is punishable by imprisonment for not more than ten years, or by a fine of not more than five thousand dollars, or both. See § 418, post. People v. Sharp, 107 N. Y. 427; People v. Jaehne, 103 id. 191; People v. Richmond, 5 N. Y. Cr. 97. 79. Offender a competent witness, and to escape prosecution.-A person offending against any provision of any foregoing sections of this Code relating to bribery is a competent witness against another person so offending, and may be compelled to attend and testify upon any trial, hearing, proceeding, or investigation, in the same manner as any other person. But the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying. A person so testifying to the giving of a bribe which has been accepted, shall not thereafter be liable to indictment, prosecution, or punishment for that bribery, and may plead or prove the giving of testimony accordingly, in bar of such an indictment or prosecution. § 80. Bribery of witnesses.-—A person who is, or is about to be, a witness upon a trial, hearing, or other proceeding, before any court or any officer authorized to hear evidence or take testimony, who receives, or agrees or offers to receive, a bribe, upon any agreement or understanding that his testimony shall be influenced thereby, or that he will absent himself from the trial, hearing, or other proceeding, is guilty of a felony. See § 113, post. § 81. Definition of "jurors." The word "juror as used in this chapter includes a talesman, and extends to jurors in all courts whether of record or not of record, and in special proceedings, and before any officer authorized to impanel a jury in any case or proceeding. CHAPTER II. RESCUES. SEC. 82. Rescue of prisoner. 83. Taking, etc., property in officer's custody. § 82. Rescue of prisoner. A person who, by force or fraud, rescues a prisoner from lawful custody, or from an officer or other person having him in lawful custody, is guilty of a felony, if the prisoner was held upon a charge, commitment, arrest, conviction, or sentence of felony; and if the prisoner was held upon a charge, arrest, commitment, conviction, or sentence for misdemeanor, the rescuer is guilty of a misdemeanor. People v. Washburn, 10 Johns. 160; People v. Tompkins, 9 id. 70; People v. Rathbun, 21 Wend. 508; People v. Rose, 12 Johns. 339; State v. Murray, 15 Me. 100; Commonwealth v. Filburn, 119 Mass. 297. See subd. 4, § 14, and § 587 of Code of Civil Proc. § 83. Taking, etc., property in officer's custody.-A person who takes from the custody of an officer or other person, personal property, in charge of the latter, under any process of law, or who willfully injures or destroys such property, is guilty of a misdemeanor. See subd. 4, § 14, and § 587 of Code of Civil Proc. CHAPTER III. ESCAPES, AND AIDING THEREIN. SEC. 84. Escaping prisoner may be recaptured. 85. Prisoner escaping. 86. Attempt to escape from state prison. SEC. 87. Aiding escape. 88. Same. 89. Officer suffering escape. 90. Id., forfeits office. 91. Concealing escaped prisoner. 92. Definition of prison. 93. Definition of prisoner. $84. Escaping prisoner may be recaptured.-A prisoner, in custody under sentence of imprisonment for any crime, who escapes from custody, may be recaptured and imprisoned for a term equal to that portion of his original term of imprisonment which remained unexpired upon the day of his escape. Code Cr. Proc., 186; Haggerty v. People, 53 N. Y. 476; S. C., 6 Lans. 332; Nall v. State, 34 Ala. 262; Riley v. State, 16 Conn. 47; French v. Willet, 10 Bosw. 566, 583; People v. Duell, 3 Johns. 449; Matter of Edwards, 25 Alb. L. J. 68; People v. Potter, 1 Park. 47. § 85. Prisoner escaping. A prisoner who, being confined in a prison, or being in lawful custody of an officer or other person, by force or fraud escapes from such prison or custody, is guilty of felony if such custody or confinement is upon a charge, arrest, commitment, or conviction for a felony; and of a misdemeanor if such custody or confinement is upon a charge, arrest, commitment or conviction for a misdemeanor. People v. Duell, 3 Johns. 449. Escaped prisoner cannot take any action before court. People v. Genet, 59 N. Y. 80; 97 Mass. 545; 17 Q B. 543; 14 Gratt. 677; 20 id. 716; 31 Me. 592; Matter of O'Byrne, 55 Hun, 438; 29 N. Y. State Rep'r, 116; McMonagle v. Conkey, 14 Hun, 326; Keenan v. O'Brien, 53 id. 30; Smith v. United States, 94 U. S 97; M'Gowan v. People, 104 Ill. 100; 44 Am. Rep. 87; People v. Redinger, 55 Cal. 290; 36 Am. Rep. 32; Sargent v. State, 96 Ind. 93; Warwick v. State, 73 Ala. 486; Wilson v. Com., 10 Bush, 526; 19 Am. Rep. 76. See, also, People v. Johnson, 100 N. Y. 141; 46 Hun, 667; People v. Sharkey, 1 id. 300; State v. Davis, 14 Nev. 439. 86. Attempt to escape from state prison.—A prisoner confined in a state prison for a term less than for life, who attempts by force or fraud, although unsuccessfully, to escape from such prison, is guilty of felony. § 87. Aiding prisoner to escape.- A person who, with intent to effect or facilitate the escape of a prisoner, whether the escape is effected or attempted or not, enters a prison, or conveys to a prisoner any information, or sends into a prison any disguise, instrument, weapon, or other thing, is guilty of felony, if the prisoner is held upon a charge, arrest, commitment, or conviction for a felony; and of a misdemeanor, if the prisoner is held upon a charge, arrest, commitment, or conviction for a misdemeanor. People v. Rose, 12 Johns. 339; People v. Tompkins, 9 id. 70. § 88. Aiding prisoner to escape.- A person who aids or assists a prisoner in escaping, or attempting to escape, from the lawful custody of a sheriff, or other officer or person, is guilty of a misdemeanor, if the prisoner is held under arrest, commitment, or conviction for a misdemeanor, or upon a charge thereof; and of a felony if the prisoner is held under an arrest, commitment, or conviction for a felony, or upon a charge thereof. People v. Tompkins, 9 Johns. 70; People v. Rose, 12 id. 339; People v. Washburn, 10 id. 160; Holland v. State, 60 Miss. 939. § 89. Officer suffering escape. A sheriff, or other officer or person, who allows a prisoner, lawfully in his custody, in any action or proceeding, civil or criminal, or in any prison under his charge or control, to escape or go at large, except as permitted by law, or connives at or assists such escape, or omits an act or duty whereby such escape is occasioned, or contributed to, or assisted, is 1. If he corruptly and willfully allows, connives at, or assists the escape, guilty of a felony; 2. In any other case, is guilty of a misdemeanor. See §§ 58, supra, 114, 115, post; State v. Erickson, 32 N. J. 421. What amounts to an escape from civil process. Stone v. Woods, 5 Johns. 182; Olmstead v. Raymond, 6 id. 62; Kellogg v. Gilbert, 10 id. 220; Lovell v. Orser, 1 Bosw. 349; Littlefield v. Brown, 1 Wend. 398. § 90. Id.; forfeits office. An officer who is convicted of the offense specified in the first subdivision of the last section, forfeits his office, and is forever disqualified, to hold any office, or place of trust, honor or profit, under the constitution or laws of this state. 91. Concealing escaped prisoner. A person who knowingly or willfully conceals, or harbors for the purpose of concealment, a person who has escaped or is escaping from custody, is guilty of a felony if the prisoner is held upon a charge or conviction of felony, and of a misdemeanor if the person is held upon a charge or conviction of misdemeanor. 92. Definition of prison - The term "prison," as used in this chapter, means any place designated by law for the keeping of persons held in custody under process of law, or under lawful arrest. People v. Johnson, 46 Hun, 671; 27 W. Dig. 519; aff'd, 110 N. Y. 134; State v. Beebe, 13 Kans. 589; Com. v. Felburn, 119 Mass. 297. § 93. Definition of prisoner. The term, "prisoner," as used in this chapter, means any person held in custody under process of law, or under lawful arrest. CHAPTER IV. FORGING, STEALING, MUTILATING AND FALSIFYING JUDICIAL AND PUBLIC RECORDS AND DOCUMENTS. SEC. 94. Injury, etc., to public record. 95. Offering false or forged instruments to be filed or recorded. 94. Injury, etc., to public record. - A person who, willfully and unlawfully removes, mutilates, destroys, conceals, or obliterates a record, map, book, paper, document, or other thing, filed or deposited in a public office or with any public officer by authority of law, is punishable by imprisonment for not more than five years, or by a fine of not more than five hundred dollars, or by both. See §§ 114, 649, post; People v. Wise, 2 How. (N. S.) 92; 3 N. Y. Cr. 303; Ayres v. Covill, 18 Barb. 263. § 95. Offering false or forged instruments to be filed or recorded. A 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. CHAPTER V. PERJURY AND SUBORNATION OF PERJURY. SEC. 96. Perjury. 97. Irregularities in the mode of administering oaths. 98. Incompetency of witness no defense for perjury. 99. Witness's knowledge of materiality of his testimony not necessary. 100. Making of deposition, etc., when deemed complete. 101. Statement of that which one does not know to be true. 102. Summary committal of witnesses who have committed perjury. 103. Witnesses necessary to prove the perjury, may be bound over to appear. 106. Punishment of perjury and subornation. S96. Perjury. - A person who swears or affirms that he will truly testify, declare, depose, or certify, or that any testimony, declaration, deposition, certificate, affidavit or other writing by him subscribed, is true, in an action, or a special proceeding, or upon any hearing, or inquiry, or on any occasion in which an oath is required by law, or is necessary for the prosecution or defense of a private right, or for the ends of public justice, or may lawfully be administered, and who in such action or proceeding, or on such hearing, inquiry or other occasion, willfully and knowingly testifies, declares, deposes, or certifies falsely, in any material matter, or states in his testimony, declaration, deposition, affidavit, or certificate, any material matter to be true which he knows to be false, is guilty of perjury. See § 712, post; People v. Sweetman, 3 Park. 358; People v. McKinney, id. 510; People v. McGinnis, 1 id. 387; Chamberlain v. People, 23 N. Y. 85; People v. Evans, 40 id. 1; Weed v. People, 31 id. 465-467; Williams v. Com. (Pa.), 22 Alb. L. J. 418. Must be willful; advice of counsel. Elwell's case, 1 C. H. Rec. 95; Tuttle v. People, 36 N. Y. 431; Hood v. State, 44 Ala. 81. Must be before competent officer or tribunal and of a material fact. Harris v. People, 6 S. C. 206; Wood's case, 4 C. H. Rec. 130; People v. Tracy, 9 Wend. 265; People v. Townsend, 5 How. Pr. 315; Pendergrast's case, 3 C. H. Rec. 11; Geston v. People, 4 Lans. 487; Rouse v. Ross, 1 Wend. 475; People v. Travis, 4 Park. 213. See Van Steenburgh v. Kortz, 10 Johns. 167. False swearing on oath administered to voter by de facto inspectors, constitutes offense. People v. Cook, 8 N. Y. 67. Affidavit on information and belief, not perjury. Lambert v. People, 76 N. Y. 220. Swearing to belief, may be. People v. Robertson, 3 Wh. Cr. C. 180; Patrick v. Smoke, 3 Strobh. 147; Com. v. Dunham, Thach. C. C. 519; State v. Cruikshank, 6 Blackf. 62. Execution of deed. Tuttle v. People, supra. By bail. Tomlinson's case, 4 C. H. Rec. 125. Witnesses to prove. Johnson's case, 1 C. H. Rec. 21; Merritt's case, 4 id. 58; People v. Burden, 9 Barb. 467 Failure of case supported by perjury, no defense. Wood v. People, 59 N. Y. 117; S. C., 1 Hun, 381. Perjury before fire marshal. Harris v. People, 64 N. Y. 148. Verification of pleading. People v. Christopher, 4 Hun, 805. Proofs of marine loss. People v. Travis, 1 Sheld, 545. Before de facto officer. Lambert v. People, supra. Bank return. People v. Vail, 57 How. Pr. 81. See Commonwealth v. Pallard, 12 Metc. 225; State v. Simmons, 30 Vt. 620. Perjury by affidavit. People v. Sutherland, 81 N. Y. 1, rev'g 16 Hun, 192. Is also contempt. Eagan v. Lynch, 3 Bro. Civ. Pro. 236. Good faith. Dempsey v. People, 20 Hun, 261. Indictment. People v. Grimshaw, 2 N. Y. Cr. 390. See People v. Stone, id. 445; People v. Bowe, 34 Hun, 528; People v. Dishler, 38 Hun, 175; Case v. People, 76 N. Y. 242; 6 Abb. N. C. 152. Bragle v. People, 10 id. 300; Woods v. Ross, 28 Daily Reg. 265; People v. Courtney, 94 N. Y. 494; Byrnes v. Byrnes, 102 id. 4; 4 E. R. 601; People, ex rel. Ostrander, v. Chapin, 105 Ñ. Y. 309, aff'g 7 N. Y. State Rep'r, 209; People v. Link, 6 N. Y. Cr. 185; 4 N. Y. Supp. 435; Nathans v. Hope, |