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88. Every member of the Legislature convicted Members of any crime defined in this Chapter, in addition to the punishment prescribed, forfeits his office and forever disqualified from holding any office in this State.

penalties,
to forfeit

office and

be disquali-
fied, etc.

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under prelove influence OF CRIMES AGAINST PUBLIC JUSTICE.ote of Lojistalme

CHAPTER I. Bribery and Corruption.

II. Rescues.

III. Escapes and Aiding Therein.

IV. Forging, Stealing, Mutilating, and Falsi-
fying Judicial and Public Records and

Documents.

V. Perjury and Subornation of Perjury.
VI. Falsifying Evidence.

VII. Other Offenses Against Public Justice.
VIII. Conspiracy.

CHAPTER I.

BRIBERY AND CORRUPTION.

SECTION 92. Giving bribes to Judges, jurors, referees, etc.
93. Receiving bribes by judicial officers, jurors, etc.
94. Extortion.

95. Improper attempts to influence jurors, referees, etc.

96. Misconduct of jurors, referees, etc.

97. Justice or Constable purchasing judgment.

98. Officers to forfeit and be disqualified from holding office.

Giving

bribes to

jurors,

referees,

92. (§§ 84, 85, 86, 106.) Every person who gives or offers to give a bribe to any judicial officer, juror, Judges, referee, arbitrator, or umpire, or to any person who may be authorized by law to hear or determine any question or controversy, with intent to influence his

etc.

Receiving bribes by judicial officers,

vote, opinion, or decision upon any matter or question which is or may be brought before him for decision, is punishable by imprisonment in the State Prison not less than one nor more than ten years.

NOTE.-Stats. 1856, p. 220, Sec. 10; 1863, p. 645, Secs. 1, 2; People ex rel. Purley, 2 Cal., p. 564; 1 Russ. on Crimes, p. 154; 4 Bl. Com., p. 139; 3 Greenleaf on Evidence, Sec. 71; 2 Bishop Cr. Law, Secs. 76-79; R. vs. Gibbons, p. 183; 3 Wharton's Cr. Law, Sec. 2814. The offense is complete by the offer of the bribe.-3 Greenleaf on Evidence, Sec. 72; 3 Wharton's Cr. Law, Sec. 2814.

93. (§§ 84, 85, 86, 106.) Every judicial officer, juror, referee, arbitrator, or umpire, and every person jurors, etc. authorized by law to hear or determine any question or controversy, who asks, receives, or agrees to receive, any bribe, upon any agreement or understanding that his vote, opinion, or decision upon any matters or question which is or may be brought before him for decision, shall be influenced thereby, is punishable by imprisonment in the State Prison not less than one nor more than ten years.

Extortion.

Improper attempts influence jurors, referees, etc.

NOTE.-Stats. 1856, p. 220, Sec. 10; 1863, p. 645, Secs. 84, 85, 86; see note to Sec. 92.

94. (§§ 84, 85.) Every judicial officer who asks or receives any emolument, gratuity, or reward, or any promise thereof, except such as may be authorized by law, for doing any official act, is guilty of a misde

meanor.

NOTE.-Stats. 1850, p. 229; see note to Sec. 70.

95. Every person who corruptly attempts to influence a juror, or any person summoned or drawn as a juror, or chosen as an arbitrator or umpire, or appointed a referee, in respect to his verdict in, or decision of, any cause pending, or about to be brought before him, either:

1. By means of any communication, oral or written,

had with him, except in the regular course of pro- Same. ceedings upon the trial of the cause; or,

2. By means of any book, paper, or instrument exhibited, otherwise than in the regular course of proceedings upon the trial of the cause; or,

3. By means of any threat, intimidation, persuasion, or entreaty; or,

4. By means of any assurance or promise of any pecuniary or other advantage;

-Is punishable by fine not exceeding five thousand dollars, or by imprisonment in the State Prison not exceeding five years.

NOTE.-Stats. 1856, p. 220, Sec. 10.

of jurors,

96. Every juror, or person drawn or summoned as Misconduct? a juror, or chosen arbitrator or umpire, or appointed referee, who either:

1. Makes any promise or agreement to give a verdict or decision for or against any party; or,

2. Willfully and corruptly permits any communication to be made to him, or receives any book, paper, instrument, or information relating to any cause pending before him, except according to the regular course of proceedings upon the trial of such cause; -Is punishable by fine not execeding five thousand dollars, or by imprisonment in the State Prison not exceeding five years.

NOTE.-Stats. 1856, p. 220, Sec. 10.

referees,

etc.

Justice or

Constable

judgment.

97. Every Justice of the Peace or Constable of the same township who purchases or is interested in the purchasing purchase of any judgment or part thereof on the docket of, or on any docket in possession of such Justice, is guilty of a misdemeanor.

Officers to

forfeit and

be disquali

fied from

98. Every officer convicted of any crime defined in this Chapter, in addition to the punishment prescribed, forfeits his office and is forever disqualified holding from holding any office in this State.

office.

1874

Rescuing prisoners.

CHAPTER II.

RESCUES.

SECTION 101. Rescuing prisoners.

102. Retaking goods from custody of officer.

101. (§§ 93, 94.) 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.

NOTE.-Blackstone defines "rescue" to be "the forcibly and knowingly freeing another from arrest or imprisonment."-4 Bl. Com., p. 131. "Rescue is a deliverance of a prisoner from lawful custody by any third person."-2 Bishop Cr. Law, Sec. 893. At common law a rescue, where the restraint is for a felony, is a felony; and where the restraint is for a misdemeanor, it is a misdemeanor.-4 Bl. Com., p. 131; 2 Hawk. P. C., Sec. 6; Rex vs. Stoakes, 5 Car. & P., p. 148; Rex vs. Haswell, Russ. & Ry., p. 458.

102. Every person who willfully injures or destroys, or takes or attempts to take, or assists any per

goods from

custody of

officer.

son in taking or attempting to take, from the custody Retaking 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.

CHAPTER III.

ESCAPES AND AIDING THEREIN.

SECTION 105. Escapes from State Prison.

106. Attempt to escape from State Prison.
107. Escapes from other than State Prison.
108. Officers suffering convicts to escape.
109. Assisting prisoner to escape.

110. Carrying into prison things useful to aid in an escape.

from State

105. Every prisoner confined in the State Prison Escapes for a term less than for life, who escapes therefrom, is Prison. 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.

NOTE.-Stats. 1855, p. 203, Sec. 1. An escape is the deliverance of a person who is lawfully imprisoned, out of a prison, before he is entitled to be discharged.-5 Mass., p. 310; see, also, 2 Bishop Cr. Law, Sec. 893,

et seq.

escape

106. Every prisoner confined in the State Prison Attempt to for a term less than for life, who attempts to escape from State from such prison, is guilty of felony.

Prison.

from other

than State

107. Every prisoner confined in any other prison Escapes than the State Prison, who escapes or attempts to escape therefrom, is guilty of a misdemeanor.

Prison.

suffering

convicts to

escape.

108. (§ 99.) Every keeper of a prison, Sheriff, Dep- Officers uty 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

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