100 N. Y. 615; 2 E. R. 655; United States v. Ambrose, 108 U. S. 336 O'Reilly v. People, 86 N. Y. 154; 40 Am. Rep. 525; People v. Clements, 107 N. Y. 205; 11 N. Y. State Rep'r, 384; People v. Thornton, 27 W. Dig. 559; Kane v. City of Brooklyn, 114 N. Y. 591. $97. Irregularities in the mode of administering oaths.— It is no defense to a prosecution for perjury that an oath was administered or taken in an irregular manner. The term "oath," includes an affirmation, and every other mode authorized by law of attesting the truth of that which is stated. What is a valid oath. People v. O'Reilly, 86 N. Y. 154; Campbell v. People, 8 Wend. 636. When party does not appear before officer, no perjury. Case v. People, 76 N. Y. 242. See People v. Cook, 8 id. 67; State v. Molier, 1 Dev. 263; Montgomery v. State, 10 Ohio, 220; Van Steenburgh v. Kortz, 10 Johns. 167. See Ortner v. People, 6 Th. & C. 458; Fryatt v. Linde, 3 Edw. 239. See 18 Alb. L. J. 413; 25 id. 339; 26 id. 326; 29 id. 344; Matter of Carpenter, 64 Cal. 267. See 842-849 of Code of Civ. Proc. § 98. Incompetency of witness no defense for perjury. It is no defense to a prosecution for perjury that the defendant was not competent to give the testimony, deposition or certificate of which falsehood is alleged. It is sufficient that he actually was permitted to give such testimony or make such deposition or certificate. Chamberlain v. People, 23 N. Y. 85; People v. Bowe, 34 Hun, 528; 3 N. Y. Cr. 149. § 99. Witness' knowledge of materiality of his testimony not necessary. It is no defense to a prosecution for perjury that the defendant 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 affected such proceeding. Van Steenburgh v. Kortz, 10 Johns. 167; Rouse v. Ross, 1 Wend. 475; Wood v. People, 59 N. Y. 117; People v. Grimshaw, 20 W. Dig. 116; 2 N. Y. Cr. 390. See cases cited under § 96, ante. § 100. Making of deposition, etc., 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 defendant to any other person with intent that it be uttered or published as true. People v. O'Reilly, 86 N. Y. 154; People v. Allen, 9 N. Y. State Rep'r, 626; Kane v. City of Brooklyn, 114 N. Y. 591. § 101. Statement of that which one does not know to be true.— An unqualified statement of that which one does not know to be true is equivalent to a statement of that which he knows to be false. People v. McKinney, 3 Park. 510; Bennett v. Judson, 21 N. Y. 238; Com. v. Cornish, 6 Binn. 249; Steinman v. McWilliams, 6 Penu. St. 170; United States v. Shellmire, Baldw. 370; State v. Knox, Phil. Ń. C. 312; State v. Gates, 17 N. H. 373; People v. Dishler, 38 Hun, 176; 4 N. Y. Cr. 190. § 102. Summary committal of witnesses who have committed perjury.—Where it appears probable to a court of record that a person, who has testified before it in an action or proceeding in that court, has committed perjury in any testimony so given, the court may immediately commit him, by an order or process for that purpose, to prison, or take a recognizance, with sureties, for his appearing and answering to an indictment for perjury. Lindsay v. People, 67 Barb. 548. § 103. Witnesses to perjury, may be bound over to appear.In a case specified in the last section, the court may bind over witnesses to establish the perjury, to appear at the proper court to testify before a grand jury, and also upon the trial, in case an indictment is found for the perjury. It must cause immediate notice of any such commitment or recognizance, with the names of the witnesses so bound over, to be given to the district attorney of the county. § 104. Documents necessary to prove perjury may be detained. - In such a case, if a paper or document, produced by either party, is deemed by the court necessary to be used in the prosecution for the perjury, the court may detain the same, and direct it to be delivered to the district attorney. § 105. Subornation of perjury defined.-A person, who willfully procures or induces another to commit perjury, is guilty of subornation of perjury. Stratton v People, 81 N. Y. 629; 20 Hun, 288; In re Eldridge, 82 N. Y. 161; 9 W. Dig. 6; People v. Evans, 40 N. Y. 1. § 106. Punishment of perjury and subornation.—Perjury and subornation of perjury are each punishable as follows: 1. When the perjury is committed upon the trial of an indictment for felony, by imprisonment for a term not exceeding twenty years. 2. In any other case, by imprisonment for a term not exceeding ten years. CHAPTER VI. FALSIFYING EVIDENCE. SEC. 107. Offering false evidence. 108. Deceiving a witness. 109. Preparing false evidence. 110. Destroying evidence. 111. Preventing or dissuading witnesses from attending. 113. Bribing witnesses. § 107. Using forged, etc., evidence. A person who, upon any trial, hearing, inquiry, investigation or other proceeding authorized by law, offers or procures to be offered in evidence or to be used on a motion, as genuine, a book, paper, document, record or other instrument in writing, knowing the same to have been forged or fraudulently altered, is guilty of felony. [AMD. CH. 378 of 1890.] § 108. Deceiving a witness.-A person who practices any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token or writing, to any witness or person about to be called as a witness, upon any trial, proceeding, inquiry or investigation whatever, conducted by authority of law, with intent to affect the testimony of such witness, is guilty of a misdemeanor. In re Eldridge, 82 N. Y. 161; 9 W. Dig. 6. § 109. Forging evidence. — A person who fraudulently makes or prepares any false record, instrument in writing, or other matter or thing, with intent to produce it, or allow it to be produced in evidence, or on a motion, as genuine, upon any trial, hearing, investigation, inquiry, or other proceeding, authorized by law, is guilty of a felony. [AMD. CH. 378 of 1890.] § 110. Destroying evidence.-A person who, knowing that a book, paper, record, instrument in writing, or other matter or thing, is or may be required in evidence, or on a motion, upon any trial, hearing, inquiry, investigation, or other proceeding, authorized by law, willfully destroys the same, with intent thereby to prevent the same from being produced, is guilty of a misdemeanor. [AMD. CH. 378 of 1890.] Collyer v. Collyer, 50 Hun, 424; 21 N. Y. State Rep'r, 119. $111. Preventing or dissuading witnesses from attending.—A per. son who willfully prevents or dissuades any person who has been duly summoned or subpoenaed as a witness from attending, pursuant to the summons or subpoena, is guilty of a misdemeanor. Morse v. Grimke, 27 N. Y. State Rep'r, 266; 18 Civ. Proc. 40. § 112. Inducing another to commit perjury.-A person who without giving, offering or promising a bribe, incites or attempts to procure another to commit perjury, or to give false testimony as a witness, though no perjury is committed or false testimony given, or to withhold true testimony, is guilty of a misdemeanor. Stratton v. People, 80 N. Y. 629. See cases cited under § 105, ante. § 113. Bribing witnesses. A 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 testimony or to withhold true testimony, is guilty of a felony. See cases cited under § 80, ante. CHAPTER VII. OTHER OFFENSES AGAINST PUBLIC JUSTICE. SEC. 114. Injury to records and misappropriation by ministerial officers. 115. Permitting escapes, and other unlawful acts, committed by ministerial officers. 116. Neglecting or refusing to execute process. 117. General provision as to neglect of public officers. 118. Delaying to take person arrested for crime before a magistrate 119. Making arrests, etc., without lawful authority. 120. Misconduct in executing search warrant. 121. Refusing to aid officer in making an arrest. 122. Refusing to make an arrest. 123. Resisting execution of process, aiding escapes, etc., in county which has been proclaimed in insurrection. 124. Resisting public officer in the discharge of his duty. 125. Compounding crimes. 126. Conviction of primary offender, etc. 127. Intimidating, etc., public officer. 128. Suppressing evidence. SEC. 129. Buying lands in suit. 130. Buying pretended titles. 131. Mortgage of lands under adverse possession not prohibited. 132. Common barratry defined. 133. Declared a misdemeanor. 134. What proof is required. 135. Interest. 136. Buying demands for suit by an attorney. 137. Buying demands by a justice or constable, for suit before a justice. 138. Promising rewards for claims delivered for collection. 139. Forfeiture of office. 140. Receiving claims in what cases allowable. 141. Application of previous sections to persons prosecuting in person. 142. Witness' privilege restricted. 143. Criminal contempts. 144. Grand juror acting after challenge has been allowed. 145. Disclosure of depositions taken by a magistrate. 146. Disclosure of depositions returned by grand jury with presentment. 147. Racing near a court. 148. Misconduct by attorneys. 149. Permitting attorney's name to be used. 150. In what cases lawful. 151. Production of pretended heir. 152. Substituting one child for another. 153. Importing foreign convicts. 154. Omission of duty by public officer. 155. Punishment for commission of prohibited acts. 156. Disclosing fact of indictment having been found. 157. Grand juror disclosing what transpired before the grand jury. 158. Instituting suit in false name. 159. Maliciously procuring search warrant. 160. Unauthorized communications with convict in state prison. 162. Falsely certifying, etc., as to deeds. 163. Other false certificates. 164. Penalty for recording, etc., without acknowledgment. 166. Id., conviction forfeits office. 167. Id., what constitutes conversion. 114. Injury to records and misappropriation by ministerial fficers. A sheriff, coroner, clerk of a court, constable or other ministerial officer, and every deputy or subordinate of any ministerial officer, who either: 1. Mutilates, destroys, conceals, erases, obliterates or falsifies any record or paper appertaining to his office; or, 2. Fraudulently appropriates to his own use or to the use of another person, or secretes with intent to appropriate to such use, any money, evidence of debt or other property intrusted to him in virtue of his office, Is guilty of felony. See §§ 58, 94, supra; 470, 472, post; Ayres v. Covill, 18 Barb. 263. $ 115. Permitting escapes, by ministerial officers. - A sheriff, coroner, clerk of a court, constable, or other ministerial officer, and every deputy or subordinate of any ministerial officer, who either: 1. Receives any gratuity or reward, or any security or promise of one, to procure, assist, connive at or permit any prisoner in his custody to escape, whether such escape is attempted or not; or, 2. Commits any unlawful act tending to hinder justice, Is guilty of misdemeanor. See §§ 58, 89, 90, supra. Shattuck v. State, 51 Miss. 575; Blue v. Commonwealth, 4 Watts, 215. An officer § 116. Neglecting or refusing to execute process. who, in violation of a duty imposed upon him by law to receive a person into his official custody, or into a prison under his charge, willfully neglects or refuses so to do, is guilty of a misdemeanor. See § 154, post. Smith v. Botens, 36 N. Y. State Rep'r, 55. 117. Neglect of public officers.-A public officer, or person holding a public trust or employment, upon whom any duty is enjoined by law, who willfully neglects to perform the duty, is guilty of a misdemeanor. This and the preceding section do not apply to cases of official acts or omissions the prevention or punishment of which is otherwise specially provided by statute. See §§ 154, 471, 684, post. People v. Norton, 7 Barb. 477; Clark v. Miller, 47 id. 38; People v. Martin, 43 How. 52, 54; People v. Cook, 8 N. Y. 67, 84; People v. Brooks, 1 Den. 459; People v. Bedell, 2 Hill, 196: Williams v. People, 15 W. Dig. 317; People v. Common Council, 16 Abb. N. C. 114; 2 How. (N. S.) 68; Smith v. Botens, 36 N. Y. State Rep'r, 55; People v. Meakim, 40 id. 688. § 118. Delaying to take person arrested before a magistrate. A public officer or other person having arrested any person upon a criminal charge, who willfully and wrongfully delays to take such person before a magistrate having jurisdiction to take his examination, is guilty of a misdemeanor. See § 556, post; Code Cr. Proc., § 165. $119. Making arrests, etc., without lawful authority.- No sher. iff of a county, mayor of a city, or officials, or person authorized by law to appoint special deputy sheriffs, special constables, marshals, policemen, or other peace officers in this state, to preserve the pub. lic peace or quell public disturbance, shall hereafter, at the instance of any agent, society, association or corporation, or otherwise, appoint as such special deputy, special constable, marshal, policeman, or other peace officer, any person who shall not be a citizen of the United States and a resident of the state of New York, and entitled to vote therein at the time of his appointment, and a resident of the same county as the mayor or sheriff or other official making such appointment; and no person shall assume or exercise the functions, powers, duties or privileges incident and belonging to the office of special deputy sheriff, special constables, marshal or policemen, or other peace officer, without having first received his appointment in writing from the authority lawfully appointing him. Any person or persons who shall, in this state, without due authority, exercise, or attempt to exercise the functions of, or hold himself out to any one as a deputy sheriff, marshal, or policeman, constable or peace officer, or any public officer, or person pretending to be a public officer, who, unlawfully, under the pretense or color of any process, 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 therefor, or any person who knowingly violates any other provision of this section, is guilty of a misdemeanor. But nothing herein contained shall be deemed to affect, repeal or abridge the powers authorized to be exercised under sections one hundred and two, one hundred and four, one hundred and sixty-nine, one |