two miles of the place where any religious society or assembly shall be actually convened for religious worship, and in any other place than such as shall have been duly licensed and in which the person accused shall have usually resided or carried on business; 3. Exhibiting within the like distance, any shows or plays without a license by the proper authority; 4. Engaging in, or aiding or promoting, within the like distance, any racing of animals or gaming of any description; 5. Obstructing in any manner, without authority of law, within the like distance, the free passage along any highway to the place of such meeting. Treason defined. TITLE IV. OF TREASON. SECTION 57. Treason defined. 58. Levying war defined. 59. Resistance to a statute, when levying war. 60. Punishment, $ 57. The following acts constitute treason against the people of this State: 1. Levying war against the people of this State, within the State; or, 2. A combination of two or more persons, by force to usurp the government of this State, or to overturn the same, evidenced by a forcible attempt made within this State to accomplish such purpose; or, 3. Adhering to the enemies of this State while separately engaged in war with a foreign enemy in the cases prescribed in the Constitution of the United States, and giving to such enemies aid and comfort in this State or elsewhere. 2 Rev. Stat., 656, § 2. war defined. $58. To constitute levying war against the people Levying of this State, an actual act of war must be committed. To conspire merely to levy war is not enough. Ex parte Bollman, 4 Cr., 75, 126. to a statute, when levy ing war. $59. Where persons rise in insurrection with intent Resistance to prevent in general by force and intimidation, the execution of a statute of this State, or to force its repeal, they are guilty of levying war. But an endeavor, although by numbers and force of arms to resist the execution of a law in a single instance, and for a private purpose, is not levying war. Levying war.-The above section is based on the cases of United States v. Mitchell, 2 Dall., 348; United States v. Hanway, 2 Wall., Jr., 139, 203; United States v. Hoxie, 1 Paine, 264; United States v. Vigol, 2 Dall., 346, These cases (as well as that of ex parte Bollman, supra,) were all decided in the federal courts, and involved the question what is to be deemed levying war against the United States, under the constitutional definition of treason. (U. S. Const., art. 3, § 3.) They have given a settled construction to the phrase "levying war," which is equally appli. cable to a definition of treason against a state. Outlawry for treason.- Proceedings of outlawry for treason are prescribed by Rep. Code Cr. Pro., §§ 884-896. Number of witnesses.-A provision that in prosecutions for treason, two witnesses to the same overt act shall be required, is already reported. (Rep. Code Civ. Pro., § 1782.) $60. Every person convicted of treason shall suffer Punishdeath for the same. 2 Rev. Stat., 656, § 1. Provisions regulating the manner of inflicting the penalty of death have been already reported. (Rep. Code Cr. Pro., §§ 556–574.) ment. TITLE V. OF CRIMES AGAINST THE ELECTIVE FRANCHISE. SECTION 61. Bribery, menace and other corrupt practices, at elections. 63. Unlawful offers to procure offices for election. Bribery, menace and other corrupt practices, at elections. Betting upon elec tions. SECTION 65. Furnishing money for elections, except for specified purposes 66. Defrauding an elector in his vote. 67. Obstructing electors in attending elections. 68. Voting more than once. 69. Procuring illegal votes. 70. Importing voters who are unqualified. 71. Illegal voting by inhabitants of another state. 72. Illegal voting by inhabitants of this state. 73. Illegal voting by resident of different election district. 74. Illegal voting by unpardoned convict. 75. Procuring name to be registered improperly. 76. Personating registered voters. 77. False statements upon applying for registry. 78. What is deemed a false statement. 79. Disturbance of public meetings. 80. Preventing public meetings. 81. Preventing electors from attending public meetings. 82. Preventing electors from voting. 83. Disobedience to lawful commands of inspectors. 84. Riotous conduct, or violence, which impedes elections. 85. Summary arrest therefor. 86. Such arrest no bar to a subsequent prosecution. 87. Destroying ballots or ballot-boxes. 88. Keeping false poll lists. 89. Misconduct of inspectors. 90. Falsely canvassing votes, or certifying result of election. 91. Election defined. 92. Irregularities in election no defense for violations of this chapter. 93. Rights of persons lawfully interfering in elections declared. 94. Submission of questions to the people. 95. Good faith in offering to vote, a defense for alleged illegal voting. $61. Every person who by bribery, menace or any other corrupt means, either directly, or indirectly, attempts to influence any elector of this State in giving his vote, or to deter him from giving the same, or to disturb or hinder him in the free exercise of the right of suffrage at any election, is guilty of a misdemeanor. Laws of 1842, ch. 130, tit. vii, § 4. S 62. Every person who makes, offers, or accepts any bet or wager upon the result of any election or upon the success or failure of any person or candidate, or upon the number of votes to be cast either in the aggregate, or for any particular candidate, or upon the vote to be cast by any person or persons; or upon the decision to be made by any inspector, or canvasser, of any question arising in the course of an election, or upon any event whatever depending upon the conduct or result of an election, is guilty of a misdemeanor. The words "person or candidate" are used in several sections of this chapter in order that it may be clear that the provisions embrace persons who may be voted for as officers to conduct an election-e. g., the presiding officer of a town meeting-yet who are not candidates for the office to fill which the election is held. offers to procure offices for electors. $ 63. Every person who, being a candidate at any Unlawful election, offers, or agrees to appoint or procure the appointment of any particular person or persons to office, as an inducement or consideration to any person to vote for, or procure or aid in procuring the election of such candidate, is guilty of misdemeanor. cating such $64. Every person who, not being a candidate, Communicommunicates any offer made in violation of the last offer." section, to any person, with intent to induce him to vote for or to procure or aid in procuring the election of the candidate making the offer, is guilty of misdemeanor. S65. Every person, who with intent to promote the election, either of himself or of any other person, or candidate, either 1. Furnishes entertainment at his expense to any meeting of electors previous to or during an election; 2. Pays for, procures or engages to pay for any such entertainment; 3. Furnishes, or engages to pay or deliver any money or property, for the purpose of procuring the attendance of voters at the polls, or for the purpose of compensating any person for procuring attendance of voters at the polls: except for the conveyance of voters who are sick, poor, or infirm; or Furnishing elections, money for except for specified purposes. Defrauding an elector 4. Furnishes or engages to pay or deliver any money or property, for any purpose intended to promote the election of any candidate, except for the expenses of holding and conducting public meetings for the discussion of public questions, and of printing and circulating ballots, handbills and other papers previous to such election, is guilty of misdemeanor. See Laws of 1842, ch. 120, tit. vii, § 6. The commissioners have enlarged the existing rule, so far as to allow contributions for the expenses of public meetings as well as those of printing and circulating election documents. The same reasons which justify the second species of expenditure, sustain the first, and the existing rule is known to be stricter than can in practice be enforced. S 66. Every person who fraudulently alters the in his vote. ballot of any elector, or substitutes one ballot for Obstructing electors at elections. another, or furnishes any elector with a ballot containing more than the proper number of names, or who intentionally practices any fraud upon any elector to induce him to deposit a ballot as his vote and to have the same thrown out and not counted, or otherwise to defraud him of his vote, is guilty of misdemeanor. Substantially the provision of Laws of 1842, ch. 130, tit. vii, §§ 7 and 8, but extended to embrace any fraud practised upon an elector whereby he is deprived of his vote. S67. Every person who willfully and without law tending ful authority obstructs, hinders, or delays any elector on his way to any poll where an election shall be held, is guilty of a misdemeanor. Voting more than once. See Laws of 1842, ch. 130, tit. vii, § 9. S68. Every person who votes more than once at the same election, or who offers to vote after having once voted, either in the same or in another election district, is guilty of a misdemeanor. See Laws of 1842, ch. 130, tit. vii, § 10. The language of that section is "who votes or offers to vote more than once," &c. This language is capable of being |