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exceeding six months, or by a fine not exceeding five hundred dollars, or by both. [Pen. Code.] 'Who are accessories.

SEC. 32. All persons who, after full knowledge that a felony has been committed, conceal it from the magistrate, or harbor and protect the person charged with or convicted thereof, are accessories. [Pen. Code.]

Aid must be rendered to the principal direct in order to constitute one an accessory after the fact: 44 Tex. Crim. Rep. 118.

Mere silence, after knowledge of commission of offense, is not sufficient to constitute a party accessory: 129 Cal. 364.


Retaking goods from custody of officer.

SEC. 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.]




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1. IN GENERAL Disqualifications from holding office.

SEC. 10. Every person shall be disqualified from holding any office of profit in this state who shall have been convicted of having given or offered a bribe to procure his election or appointment.

SEC. 11. Laws shall be made to exclude from office, serving on juries and from the right of suffrage, persons convicted of bribery, perjury, forgery, malfeasance in office, or other high crimes,

*. [Const. Cal., Art. XX. ] Where a candidate for office publicly pledges himself before election to perform functions of office for less than legal compensation, his election is void: 3 Pac. C. L. J. 394; 36 Wis. 213. So a vote given on consideration that party would, if elected, give valuable thing to third party, is void: 7 N. H. 140; 20 Pick. 428.

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Acting in a public capacity without having qualified.

SEC. 05. Every person who exercises any function of a public office without taking the oath of office, or without giving the required bond, is guilty of a misdemeanor. [Pen. Code.]

The oath of office is a mere incident, in the absence of statute law, to the office and it may or may not be required of the officer, according to the usage, custom or law (66 N. C. 59); but the oath becomes a criterion for determining the office when an officer is required by law to take it: 40 Mich. 673; 5 Daily (N. Y.), 274; 58 N. Y. 625.

Qualifications for holding civil office.

SEC. 841. No person is capable of holding a civil office who at the time of his election or appointment is not of the age of twenty-one years and a citizen of this state. [Pol. Code.]

See 136 Cal. 652; 142 Cal. 587. For various causes of disqualification, see note to Kerr's Cyc. Pol. Code, section 842.

As to the constitutional right to hold office, see 141 Cal. 316.

A. QUALIFYING-Continued.

2. OATH. Oath of office.

SECTION 3. Members of the legislature, and all officers, executive and judicial, except such inferior officers as may be by law exempted, shall, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation :

“I do solelmnly swear (or affirm, as the case may be) that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of the office of according to the best of my ability.”

And no other oath, declaration, or test shall be required as a qualification for any office or public trust. [Const. Cal. Art. XX.]

Oath of office, form of.

SEC. 904. Before any officer enters on the duties of his office, he must take and subscribe the following oath :

"I do swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of the office of according to the best of my ability.” [Pol. Code.]

Oath, when taken.

SEC. 907. Whenever a different time is not prescribed by law, the oath of office must be taken, subscribed, and filed within ten days after the officer has notice of his election or appointment, or before the expiration of fifteen days from the commencement of his term of office, when no such notice has been given. (Pol. Code.]

The official oath and bond must be filed within the prescribed time, or the right to the office becomes forfeited: 63 Cal. 174; 85 Cal. 509; see 3 Cal. 122.

Receipt of commission by appointee is notice: 85 Cal. 509.
Commission of office means certificate of election

or commission issued by appointing power: 138 Cal. 34.

Oath, before whom taken.

SEC. 908. Except when otherwise provided, the oath may be taken before any officer authorized to administer oaths. [Pol. Code.]

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