dollars nor more than three thousand dollars, or by both such fine and imprisonment. [In effect April 1st, 1878.] 100. If the said superintendent of state printing shall corruptly collude with any person or persons furnishing paper or materials, or bidding therefor, or with any other person or persous, or have any secret understanding with him or them, by himself or through others, to defraud the State, or by which the State shall be defrauded or made to sustain a loss, contrary to the true intent and meaning of this act, he shall, upon conviction thereof, in any court of competent jurisdiction, forfeit his office, and be subject to imprisonment in the State prison for a term of not less than two years, and to a tine of not less than one thousand dollars nor more than three thousand dollars, or both such fine and imprisonment. [In effect April 3rd, 1876.1 CHAPTER II. RESCUES. § 101. Rescuing prisoners. § 102. Retaking goods from custody of officer. 101. Every person who rescues or attempts to rescue, or aids another person in rescuing or attempting to rescue, any prisoner from any prison, or from any officer or person having him in lawful custody, is punishable as follows: 1. If such prisoner was in custody upon a conviction of felony punishable with death: by imprisonment in the State prison not less than one nor more than fourteen years. 2. If such prisoner was in custody upon a conviction of any other felony: by imprisonment in the State prison not less than six months, nor more than five years. 3. If such prisoner was in custody upon a charge of felony: by a fine not exceeding one thousand dollars, and imprisonment in the county jail not exceeding two years. 4. If such prisoner was in custody otherwise than upon a charge or conviction of felony: by fine not exceeding five hundred dollars, and imprisonment in the county jail not exceeding six months. Rescue is the violent delivery of a prisoner from lawful custody21 Wend. 509; see 4 Bl. Com. 131; even though the prisoner takes no part in the violence-f. Charlt. 13; see 119 Mass. 217. It must not be from accident, or to avert threatened danger-see 1 Russ. Cr. 9th ed. 594. The imprisonment must be prima facie justifiable-1 Dutch. 209; See 7 Conn. 752. There must be knowledge by the rescuer that the prisoner was under arrest-26 Md. 199. If unsuccessful, it may be indicted as an attempt-15 Me. 100. 102. Every person who willfully injures or destroys, or takes or attempts to take, or assists any person in taking or attempting to take, from the custody of any officer or person, any personal property which such officer or person has in charge under any process of law, is guilty of a misdemeanor. PEN. CODE.-6. § 110. Carrying into prison things useful to aid in an escape. 105. Every prisoner confined in the State prison for a term less than for life, who escapes therefrom, is punishable by imprisonment in the State prison for a term equal in length to the term he was serving at the time of such escape; said second term of imprisonment to commence from the time he would otherwise have been discharged from said prison. [In effect April 16th, 1880.] 106. Every prisoner confined in the State prison for a term less than for life, who attempts to escape from such prison, is guilty of a felony, and, on conviction thereof, the term of imprisonment therefor shall commence from the time such convict would otherwise have been discharged from said prison. [In effect April 16th, 1880.] 107. Every prisoner confined in any other prison than the State prison, who escapes or attempts to escape therefrom, is guilty of a misdemeanor. Escape, what constitutes-see Desty's Crim. Law, § 77 a. 108. Every keeper of a prison, sheriff, deputy sheriff, constable, or jailer, or person employed as a guard, who fraudulently contrives, procures, aids, connives at, or voluntarily permits the escape of any prisoner in custody, is punishable by imprisonment in the State prison not exceeding ten years, and fine not exceeding ten thousand dollars. Permitting escape, liability for-see Desty's Crim. Law, § 80 a. 109. Every person who willfully assists any prisoner confined in any prison, or in the lawful custody of any officer or person, to escape, or in an attempt to escape from such prison or custody, is punishable as provided in section one hundred and eight of this Code. Liability of party aiding escape-see Desty's Crim. Law, § 79 a. 110. Every person who carries or sends into a prison anything useful to aid a prisoner in making his escape, with intent thereby to facilitate the escape of any prisoner confined therein, is punishable as provided in section one hundred and eight of this Code. Conveying articles into jail to aid an escape is a substantive offense -3 Tex. Ct. App. 553; 7 id. 623. Assisting to break prison_renders the party assisting an accessory -119 Mass, 297; 15 Me. 100; 9 Johns. 70; Russ & R. C. C. 458; 1 Car. & M. 250. So of conveying instruments to enable him to break jail-see 4 Bl. Com. 38: as a crowbar-Law R.1 C. C. 27; but a wife is not liable if the instrument was procured by his directions-1 Car. & P. 116, note. In a trial for aiding a prisoner to escape, another prisoner escaping by the same means is not a particeps criminis—3 Tex. Ct. App. 533. 111. Whenever a trial shall be had of any person un. der any of the provisions of sections one hundred and five and one hundred and six of this Code, and whenever a convict in the State prison shall be tried for any crime committed therein, the county clerk of the county where such trial is had shall make out a statement of all the costs incurred by the county for the trial of such case, and of guarding and keeping such convict, properly certified to by a superior judge of said county, which statement shall be sent to the board of State prison directors for their approval; and after such approval, said board shall cause the amount of such costs to be paid out of the money appropriated for the support of the State prison, to the county treasurer of the county where such trial was had. [In effect April 6th, 1880.] CHAPTER IV. FORGING, STEALING, MUTILATING, AND FALSIFYING JUDICIAL AND PUBLIC RECORDS AND DOCUMENTS. § 113. Larceny, destruction, etc., of records by officers, § 114. Larceny, destruction, etc., of records by others. § 115. § 117. Falsifying jury lists, etc. 113. Every officer having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his hands for any purpose, who is guilty of stealing, willfully destroying, mutilating, defacing, altering or falsifying, removing or secreting the whole or any part of such record, map, book, paper, or proceeding, or who permits any other person so to do, is punishable by imprisonment in the State prison not less than one nor more than fourteen years. Forgery of records.-Prejudice to others is sufficient, even if con tingent and remote; erasure or mutilation of a record may be deemed a forgery-27 Iowa, 420; 10 Mass. 34. 114. Every person not an officer such as is referred to in the preceding section, who is guilty of any of the acts specified in that section, is punishable by imprisonment in the State prison not exceeding five years, or in a county jail not exceeding one year, or by a fine not exceeding one hundred dollars, or by both. Erasure or mutilation of a record may be deemed forgery-27 Iowa, 420; 10 Mass. 34; but not to obliterate a receipt from a bond-6 Ired. 7; or an indorsement from a note-1 Aiken, 311; but it is forgery fraudulently to alter the sum in a note-4 N. II. 455; 15 Ohio St. 455; 20 Iowa, 541; Russ. & R. C. C. 101; 7 Car. & P.669. It is forgery at com. mon law to alter or falsify any judicial or executive record. writ, order, or deposition-2 Mass. 136; 6 Hill. 490; 50 Me. 409; 6 Car. & P. 129; 5 id. 160; 2 East P. C. 862; 2 Sid. 71; but not political documents of no legal effect-30 La. Au. 557. See Desty's Crim. Law, tit. FORGERY. |