any promise therefor, upon an agreement or understanding, expressed or implied, to compound or conceal such offense, or not to prosecute the same, or not to give evidence thereof, he shall be punished by imprisonment in the penitentiary not more than six years, or by fine not exceeding one thousand dollars. |28-388; and an instrument based upon A contract entered into for the compounding of a felony is void, and the law will not afford either party thereto affirmative relief: Allison v. Hess, SEC. 3952. If any person having knowledge of the commission Same. of any offense punishable by imprisonment in the penitentiary for c. 51, 2660. a limited term of years, is guilty of the offense described in the preceding section, he shall be punished by imprisonment in the county jail not more than one year, and by fine not exceeding four hundred dollars. C. ¿ R. 24288. SEC. 3953. If any jailor or other officer voluntarily suffer any Su^ering prisprisoner in his custody upon a charge or conviction of a felony oner to escape. punishable by imprisonment for life, to escape, he shall be pun- C. 51, 22661. ished by imprisonment in the penitentiary not more than ten years, nor less than one year. C. '51, 2662. SEC. 3954. If any jailor or other officer voluntarily suffer any same. prisoner in his custody upon charge or conviction of any other R.4289, felony to escape, he shall be punished by imprisonment in the penitentiary not more than eight years, or by fine not more than one thousand dollars. C. '51, 2663. SEC. 3955. If any jailor or other officer suffer any prisoner in Same. his custody upon charge or conviction of any public offense to R. 24200 escape, he shall be punished by fine not exceeding one thousand dollars, and by imprisonment in the penitentiary not exceeding five years. oner SEC. 3956. If any person by any means whatever aid or assist Assisting prisany prisoner lawfully detained in the penitentiary, or in any jail her to escape. or place of confinement for any felony, in an attempt to escape, C. '51, ¿ 2664. whether such escape be effected or not, or forcibly rescue any person held in legal custody upon any criminal charge, he shail be punished by imprisonment in the penitentiary not exceeding ten years, or by fine not exceeding five hundred dollars and imprisonment in the county jail not exceeding one year. C. '51, 2065. SEC. 3957. Every person who by any means whatever aids or same. assists any prisoner lawfully committed to any jail or place of R. 4292, confinement charged with or convicted of any criminal offense other than a felony in an attempt to escape, whether such escape be effected or not; or who conveys into such jail or place of confinement any disguise, instrument, arms, or other things proper or useful to facilitate the escape of any prisoner so committed, whether such escape be effected or attempted or not, shall be punished by imprisonment in the county jail not exceeding one year, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment at the discretion of the court. R. 4293. SEC. 3958. Every person who aids or assists any prisoner in Same from escaping, or attempting to escape, from the custody of any sheriff, officer. deputy sheriff, marshal, constable, or other officer or person who C.51, 2666. has the lawful charge of such prisoner upon any criminal charge, shall be punished by fine not exceeding one thousand dollars and imprisoninent in the penitentiary not exceeding five years. Prisoner escaping from county jail. R. 2 4295. C. '51, 2668. cution of pro cess. R. 4296. C. 51, 2669. Assisting a prisoner to escape from | ing of this section. Whether the an officer having him in charge under prisoner had in fact threatened to a warrant, issued by a magi trate un-commit the offense as charged in the der § 4115 for threatening to commit warrant, is immaterial: The State v. a public offense, is within the mean- Bates, 23-96. SEC. 3959. If any person confined in a county jail upon any conviction for a criminal offense, break such jail and escape therefrom, he shall be imprisoned in such prison not exceeding one year, to commence from and after the expiration of the former sentence, and fined not exceeding three hundred dollars. SEC. 3960. If any person knowingly and wilfully resist or Resisting exe- oppose any officer of this state, or any person authorized by law, in serving or attempting to execute any legal writ, rule, order, or process whatsoever, or shall knowingly and wilfully resist any 12 G. A. ch. 150. Such officer in the discharge of his duties without such writ, rule, order, or process, he shali be punished by imprisonment in the county jail not exceeding one year, or by fine not exceeding one thousand dollars nor less than fifty dollars, or by both fine and imprisonment at the discretion of the court. sist officer. R. 2 4297. It is no defense that the process is irregular or defective, if it is one that the magistrate has authority to issue: The State v. Foster, 10-435. It will be presumed that the officer was proceeding to execute the process in a proper manner, and the indictment need not set forth the acts showing that he complied with the requisites of the statute: The State v. Freeman, 8-428. The officers here contemplated are those only who are authorized to exe | cute legal writs, orders, etc., and resistance to a road supervisor engaged in removing obstructions from a public road in his district is not within this section: The State v. Putnam, 35-561. Under Rev. § 4296, before its amendment, it was held that to resist a peace officer making an arrest without a warrant, under § 4200, was not an offense under this statute: The State v. Lovell, 23–304. SEC. 3961. If any person, being lawfully required by any Refusing to as sheriff, deputy sheriff, coroner, constable, or other officer, wilfully neglect or refuse to assist him in the execution of his office in any criminal case, or in any case of escape or rescue, he shall be punished by imprisonment in the county jail not more than six months, or by fine not more than one hundred dollars. C. '51, ¿ 2670. SEC. 3962. If any person falsely assume to be a judge, justice Falsely assum- of the peace, magistrate, sheriff, deputy sheriff, coroner, or coning to be judge, stable, and take upon himself to act as such or require any one to aid or assist him in any matter pertaining to the duty of any such officer, he shall be punished by imprisonment in the county jail not more than one year or by fine not exceeding three hundred dollars. etc. Exercising cffice without authority, and officers exceed ing authority. R. 24299. C. '51, & 2672. Where a constable who, was reelected, proceeded to perform the duties of his office without qualifying anew as required by § 690, held, that he was not falsely assuming to be an officer, under this section: The State v. Bates, 23–96. SEC. 3963. If any person take upon himself to exercise or officiate in any office or place of authority in this state, without being legally authorized; or if any person by color of his office, wilfully and corruptly oppress any person under pretense of acting in his official capacity, he shall be punished by fine not exceeding one thousand dollars, or imprisonment in the county jail not more than one year; or by both fine and imprisonment. A constable may be guilty of the of- rans, 37-178. fense here defined: The State v. Be SEC. 3964. If any judge, justice of the peace, clerk of any Stirring up quarrels. court, sheriff, coroner, constable, attorney or counselor at law, R. 24300. encourage, excite, or stir up any suit, quarrel, or controversy C. '51, 2673. between two or more persons, with intent to injure such person or persons, he shall be punished by fine not exceeding five hundred dollars; and shall be answerable to the party injured in treble damages. cers. SEC. 3965. When any duty is or shall be enjoined by law Neglect of duty upon any public officer, or upon any person holding any public by public of trust or employment, every wilful neglect to perform such duty, R. 4301. where no special provision has been made for the punishment of such delinquency, is a misdemeanor. C. '51, 2 2674. R. 4302. SEC. 3966. When the performance of any act is prohibited by Misdemeanors. any statute, and no penalty for the violation of such statute is c. 51, 2575. imposed, the doing of such act is a misdemeanor. Supervisors violating the provisions | such submission is required, are of § 303, ¶ 24, by voting to erect a guilty, under this section, of a misdepublic building without submitting meanor: The State v. Conlee, 25-237. the question to vote, in a case where other pre SEC. 3967. Every person who is convicted of a misdemeanor, Punishment of the punishment of which is not otherwise prescribed by any stat- when none ute of this state, shall be punished by imprisonment in the county scribed. jail not more than one year, or by fine not exceeding five hundred 14.03 dollars, or by both such fine and imprisonment. C. '51, 2676. entries and re SEC. 3968. If any public officer fraudulently make or give Public officers false entries, or false returns, or false certificates of receipts in making false cases where entries, returns, certificates, or receipts are authorized turns. by law, he shall be fined not exceeding five hundred dollars, or be imprisoned in the county jail not exceeding one year, or both, at the discretion of the court. [In the original rolls, between what are $$ 3958 and 3959, occurs a section which is not in the printed code, but is substantially the same as this, except as to punishment. It reads as follows: "If any public officer fraudulently make or give false entries, or false returns, or false certificates or receipts, where entries, returns, certificates or receipts are authorized by law, he sha1 be punished by fine not exceeding one thousand dollars, and imprisonment in the penitentiary not exceeding five years."] It is not necessary, in charging this any particular person: The State v. offense, to charge an intent to defraud Morse, 52-509. R. 4304. R. 24305-6. SEC. 3969. If any judge or other officer by color of his office, Oppression by wilfully and maliciously oppress any person under pretense of officers, acting in his official capacity, he shall be punished by fine not exceeding three hundred dollars and imprisonment in the county jail not less than five nor more than thirty days, and be liable to the injured party for any damage sustained by him in consequence thereof. fees. SEC. 3970. If any justice of the peace, clerk of the district or Officers fail::g other court, county recorder, or any other officer who by law is to pay over authorized to receive and required to pay over fees of office, or R.4308. who is or may be authorized to impose or collect fines, shall fail, neglect, or refuse to pay over as prescribed, or as may hereafter be prescribed by law, all such fees and fines, he sha'l be deemed guilty of a misdemeanor, besides being lable in a civil action for Making false entries in rela tion to fees. R. 4309. Officers appropriating fees to their own use. R. 2 4310. Officers to re port fees to su tices to report the amount of such fines and fees as he may have thus illegally withheld or appropriated. SEC. 3971. If any justice of the peace, clerk of the district or other court which is now or may hereafter be established, county recorder or other officer, who by law is authorized or required to keep a court docket, or who is or may be required to keep an account of fees or fines, and to pay over, or in any way account for the same, shall in any manner falsify such docket or account, or shall fail, neglect, or refuse to make an entry upon such docket or account, of such fees and fines, as are required to be paid over according to law, such justice of the peace, clerk of the district court, or clerk of any other court, county recorder and other officer shall be guilty of a misdemeanor, and shall be subject and liable to be prosecuted therefor in any court having jurisdiction of the offense. SEC. 3972. Any justice of the peace, clerk of the district or of any other court which is or may be established, county recorder, or other officer who may be found guilty of the offense of appropriating to his own use fees of office or fines collected for violation of law, or of neglecting to pay over the same as prescribed by law, shall be removed from office by the court before or by whom the offense may be tried and judgment or conviction had, and each and every person so found guilty shall be punished by a fine not exceeding three hundred dollars nor less than ten dollars, or imprisonment in the county jail for a period not exceeding one year, or by both such fine and imprisonment, in the discretion of the court. SEC. 3973. All officers required by the provisions of this code to collect and pay over fines and fees, shall, on the first Monday in January in each year, make report thereof under oath to the board of supervisors of the proper county, showing the amount of fines assessed and the amount of fines and fees collected, together with the vouchers for the payment of all sums by him collected to the proper officer required to keep the same. SEC. 3974. The clerks of the several courts of this state, Clerks and jus- except of the supreme court, and all mayors of incorporated towns and cities, and justices of the peace, shall, on the first Monday of January of each year, make a report in writing to the board of supervisors of their respective counties, of all forfeited 14 G. A. ch. 58. recognizances in their several offices; of all fines, penalties, and fines, fees, etc.: penalty for failure. 9 G. A. ch. 29. forfeitures imposed in their respective courts, and which by law go into the county treasury for the benefit of the school fund; in what cause or proceedings, when, for what purpose, against whom, and for what amount rendered; whether said fines, penalties, forfeitures and recognizances have been paid, remitted, canceled, or otherwise satisfied; it so, when, how, and in what manner; if not paid, remitted, canceled, or otherwise satisfied, what steps have been taken to enforce the collection thereof, and the prospect of such collection. Such report must be verified under oath, to the effect that the same is full, true, and complete of the matters therein contained, and of all things :equired by this section to be reported; and any officer failing so to do shall be deemed guilty of a misdemeanor, and upon conviction thereof, may be fined in any sum not less than one hundred dollars. properly R. 2210. SEC. 3975. If any notary public exercise the duties of his Notary public office after the expiration of his commission, or when otherwise executies disqualified, or appends his official signature to documents when of office. the parties have not appeared before him, he shall be deemed guilty of a misdemeanor, and be punished by a fine of not less than fifty dollars, and shall also be removed from office by the governor. tering on duR. 2216, 2184. SEC. 3976. If any officer or person wilfully fails to take the Failure to take oath required by law before entering on the discharge of the oath before enduties of any office, trust, or station, or makes any cont: act wh ch ties of office. contemplates an expenditure in excess of the law under which he was elected or appointed, or fails to report to the proper officer showing the expenditure of all public moneys with proper vouchers therefor by the time required by law, he shall be punished by a fine not exceeding five thousand dollars, or by imprisonment in the penitentiary not exceeding five years, or by both at the discretion of the court. CHAPTER 7. MALICIOUS MISCHIEF AND TRESPASS ON PROPERTY. beasts. SECTION 3977. If any person maliciously kill, maim, or disfigure Injuries to any horse, cattle, or other domestic beast of another; or maliciously R.4318. administer poison to any such animals; or expose any poisonous C. 51, ¿ 2678. substance with intent that the same should be taken by them, he shall be punished by imprisonment in the county jail not exceeding one year, or by fine not exceeding three hundred dollars. An indictment alleging the mali- of the acts here mentioned may be cious killing of a sow, held sufficient; charged in the same indictment, and and held that it was not necessary to the proof need only cover so much of allege and prove that a hog is a the allegation as constitutes a com"domestic beast": The State v. Ens-plete offense. To constitute the oflow, 10-115. fense of disfiguring, the disfigurement An indictment charging the maim-neel not be permanent or great: The ing and disfiguring of an animal is State v. Harris, 11-414. not bad for duplicity; any one or all mills, ma C. '51, 2 2679. SEC. 3978. If any person maliciously injure or destroy any To dams, locks, dam, lock, canal, trench, or reservoir, or any of the appurtenances chinery, etc. thereof, or any of the gear or machinery of any mill or manufac- R.4319, tory; or maliciously draw off the water from any mill pond, reservoir, canal, or trench; or destroy, injure, or render useless any engine or the apparatus thereto belonging, prepared or kept for the extinguishing of fires, he shall be punished by imprisonment in the county jail not exceeding one year and by fine not exceeding five hundred dollars. railways, high SEC. 3979. If any person maliciously injure, remove, or destroy To bridges, any bridge, rail or plank road; or place o cause to be placed any ways, etc. obstruction on such bridge or road; or wilfully obstruct or injure R. 4320, any public road or highway; or maliciously cut, burn, or in any C. '51, 2680. |