dating, deceiving, defrauding electors, a misde meanor. 53. Every person who, by force, threats, menaces, Intimibribery, or any corrupt means, either directly or indi- corrupting, rectly, attempts to influence any elector in giving his f vote, or to deter him from giving the same, or attempts by any means whatever to awe, restrain, hinder, or disturb any elector in the free exercise of the right of suffrage, or furnishes any elector wishing to vote, who cannot read, with a ticket, informing or giving such elector to understand that it contains a name written or printed thereon different from the name which is written or printed thereon, or defrauds any elector at any such election, by deceiving and causing such elector to vote for a different person for any office than he intended or desired to vote for; or who, being Inspector, Judge, or Clerk of any election, while acting as such, induces, or attempts to induce, any elector, either by menace or reward, or promise thereof, to vote differently from what such elector intended or desired to vote, is guilty of a misdemeanor. NOTE.-Stats. 1850, p. 110, Sec. 98; Reg. vs. Soley, 11 Mod., p. 115; Rex vs. Cripland, 11 Mod., p. 387; Rex vs. Plympton, 2 Ld. Raym, p. 1377; Rex vs. Pitt, 3 Burr., p. 1335; Rex vs. Jolliffe, 1 East, p. 154; Com. vs. Callaghan, 2 Va. Cas., p. 460; 1 Russ. Crimes, p. 154; 1 Bishop Cr. Law, Sec. 368. 54. Every person who, with intent to promote the Furnishing election of himself or any other person, either money for elections except for purposes. 1. Furnishes entertainment at his expense to any specifie 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 or infirm; Unlawful offers to procure offices for electors. Communicating such offer. Bribing or offering to members of caucuses, etc. .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 a misdemeanor. 55. Every person who, being a candidate at any election, offers or agrees to appoint or procure the appointment of any particular person 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 a misdemeanor. 56. Every person, not being a candidate, who communicates any offer, made in violation of the last 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 a misdemeanor. 57. (§§ 84, 85, 86.) Every person who gives or bribe offers a bribe to any officer or member of any legisla legislative tive caucus, political convention, committee, primary election, or political gathering of any kind, held for the purpose of nominating candidates for offices of honor, trust, or profit, in this State, with intent to influence the person to whom such bribe is given or offered to be more favorable to one candidate than another, and every person, member of either of the bodies in this section mentioned, who receives or offers to receive any such bribe, is punishable by imprisonment in the State Prison not less than one nor more than fourteen years. NOTE.-Stats. 1850, p. 239, Secs. 84, 85, 86; 1863, p. 645, Secs. 1, 2, 3. public 58. Every person who, by threats, intimidations, Preventing or unlawful violence, willfully hinders or prevents meetings. electors from assembling in public meeting for the consideration of public questions, is guilty of a misde meanor. ance of 59. Every person who willfully disturbs or breaks Disturb up any public meeting of electors or others, lawfully public being held for the purpose of considering public ques- meanor. tions, is guilty of a misdemeanor. misde elections. 60. Every person who makes, offers, or accepts any Betting on 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, is guilty of a misde meanor. NOTE. The statutes of Kentucky provide for the punishment of any person who "shall wager or bet any sum of money or other thing upon the election of any of the officers" mentioned in a previous section "within six months next before the election."-Commonwealth vs. Kirk, 4 B. Mon., p. 1. The language of the Alabama Act is: "Every person who shall hereafter make any bet or wager of money or other thing of value upon any election in this State," etc.Givens vs. Rogers, 11 Ala., p. 543. This provision has been held not applicable to a case of betting after the result is over.-State vs. Mahan, 2 Ala., p. 340. These statutes are not construed to interfere with betting on elections out of the State, or to extend to unauthorized elections within the State.-Huckerson vs. Benson, 8 Mo., p. 8. The Illinois Act was held not to apply to a wager on the vote of Kentucky for President.-Morgan vs. Petit, 3 Scam., p. 529. But where the wager was upon the entire result of the Presidential ticket, it was held to be within an enactment which had the words, "any election or elections in this State."-Quarles vs. State, 5 Humph., p. 561. It will be observed, however, that the words, "in this State," do not appear in Section 60. A bet that a particular candidate will receive a given number of votes (Commonwealth vs. Kirk, 4 B. Mon., p. 1), or will beat another candidate (Commonwealth vs. Pash, 9 Dana, p. 31), and a bet upon the So, general result of the election (State vs. Cross, 2 61. Every person who willfully violates any of the provisions of the laws of this State relating to elections is, unless a different punishment for such violation is prescribed by this Code, punishable by fine not exceeding one thousand dollars, or by imprisonment in the State Prison not exceeding five years, or by both. how sce. 1874 TITLE V. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER SECTION 65. Acting in a public capacity without having qualified. 66. Acts of officers de facto not affected. 67. Giving or offering bribes to executive officers. 68. Asking or receiving bribes. 69. Resisting officers. 70. Extortion. 71. Violation of laws prohibiting certain officers from dealing in scrip, etc., and from being interested in contracts. 72. Fraudulently presenting bills or claims to public officers for allowance or payment. 73. Buying appointments to office. 74. Taking rewards for deputation. 75. Exercising functions of office wrongfully. 76. Refusal to surrender books, etc., to successor. 77. Preceding sections to apply to administrative and minis terial officers. 65. Every person who exercises any of the functions of a public office without having taken and filed the oath of office, or without having executed and filed the required bond, is guilty of a misdemeanor, and forfeits his right to the office. 66. The last section shall not be construed to affect the validity of acts done by a person exercising the functions of a public office in fact, where other persons than himself are interested in maintaining the validity of such acts. Acts of facto not affected. Giving or offering bribes to executive 67. Every person who gives or offers any bribe to any executive officer of this State, with intent to influence him in respect to any act, decision, vote, opinion, officers. or other proceeding as such officer, is punishable by imprisonment in the State Prison not less than one nor more than fourteen years, and is disqualified from holding any office in this State. NOTE.-Stats. 1863, Secs. 1, 2, 3. It has been held indictable at common law to be concerned in the bribery, or attempt to bribe, a Cabinet Minister.-Vaughan's Case, 4 Burr., p. 2494. Member of the Legislature.Whart. Prec., p. 1012, note. Commissioner of the revenue.-U. S. vs. Norvell; Wharton's St. Trials, p. 189. Sheriff.-Barefield vs. State, 14 Ala., p. 603. 68. Every executive officer, or person elected or appointed to an executive office, who asks, receives, or agrees to receive, any bribe, upon any agreement or understanding that his vote, opinion, or action upon any matter then pending, or which may be brought before him in his official capacity, shall be influenced thereby, is punishable by imprisonment in the State Prison not less than one nor more than fourteen years; and, in addition thereto, forfeits his office, and is forever disqualified from holding any office in this State. NOTE.-Stats. 1863, p. 645, Secs. 1, 2, 3. Asking or bribes. receiving officers. 69. Every person who attempts, by means of any Resisting threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law, or who knowingly resists, by the use of force or violence, such officer, in the performance of his duty, is punishable by fine not exceeding five |