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Refusal to deliver books to successor.

SEC. 76. Every officer whose office is abolished by law, or who, after the expiration of the time for which he may be appointed or elected, or after he has resigned or been legally removed from office, willfully and unlawfully withholds or detains from his successor, or other person entitled thereto, the records, papers, documents, or other writings appertaining or belonging to his office, or mutilates, destroys or takes away the same, or willfully and unlawfully withholds or detains from his successor, or other person entitled thereto, any money or property in his custody as such officer, is punishable by imprisonment in the state prison not less than one year nor more than ten years. [Pen. Code.]

D. CONDUCT OF OFFICE.

When state officers, etc., are to report.

SEC. 332. All officers, boards of officers, commissioners, trustees, regents, and directors required by law to make reports to the governor or legislature, except the controller of state, must send the original draft of such reports to the governor before the fifteenth day of September in the year eighteen hundred and ninety-two, and in every second year thereafter. [Pol. Code.] Records open to public inspection.

SEC. 1032. The public records and other matters in the office of any officer are at all times, during office hours, open to the inspection of any citizen of this state.

[Pol. Code.]

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Office hours.

SEC. 1030. Unless otherwise provided by law, every officer must keep his office open for the transaction of business from ten o'clock a. m. until four o'clock p. m. each day, except upon holidays. [Pol. Code.]

Vacations for certain employees of the state.

SECTION 1. Each employee regularly employed at the state hospitals and each employee regularly employed in the service of any of the state commissions or state boards or in the state printing office who shall have been employed for a period of not less than six months shall be allowed, during each year of his

service, a vacation of not less than fifteen days' duration ; said vacation to be without loss of pay, and the time allowed for said vacation to be designated by the management of such state hospitals, and by the members of the state commissions and state boards and the superintendent of state printing.

SEC. 2. This act shall take effect immediately. [Stats. 1909, chap. 250.]

Absence of officer from state.

SEC. 853. No officer, state, county, or municipal, shall absent himself from the state for more than sixty days, unless upon business of the state, or with the consent of the legislature; provided, that in the case of illness or other urgent necessity, the governor in the case of state officers

shall, upon a proper showing of such illness or necessity, extend the time herein limited for the absence of any such officer from the state. [Pol. Code. ]

See,' also, Const. Cal., Art. XX, sec. 12.

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Acts of officers de facto not affected.

SEC. 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. [Pen. Code.]

Giving or offering bribes to executive officers.

SEC. 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, or other proceeding as such officer, is punishable by imprisonment in the state prison not less than one or more than fourteen years, and is disqualified from holding any office in this state. [Pen. Code.]

Extortion.

SEC. 70. Every executive or ministerial officer who knowingly asks or receives any emolument, gratuity, or reward, or any promise thereof, excepting such as may be authorized by law, for doing any official act, is guilty of misdemeanor. [Pen. Code.]

Extortion defined: Pen. Code, sec. 518.
What threats constitute extortion: Pen. Code, sec. 519.
The punishment of extortion: Pen. Code, sec. 520.

Extortion committed under the color of official right:
Pen. Code, sec. 521.

Buying appointments to office.

SEC. 73. Every person who gives or offers any gratuity or reward, in consideration that he or any other person shall be appointed to any public office, or shall be permitted to exercise or discharge the duties thereof, is guilty of a misdemeanor. (Pen. Code.]

Taking rewards for deputation.

SEC. 74. Every public officer who, for any gratuity or reward, appoints another person to a public office, or permits another person to exercise or discharge any of the duties of his office, is punishable by a fine not exceeding five thousand dollars and, in addition thereto, forfeits his office and is forever disquali fied from holding any office in this state. [Pen. Code.]

Retaining part of salary.

SEC. 74a. Every officer of this state, or of any county, city and county, city, or township therein, who accepts, keeps, retains or diverts for his own use or the use of any other person of any part of the salary or fees allowed by law to his deputy, clerk, or other subordinate officer, is guilty of a felony. [Pen. Code.]

See, also, for retaining wages and salary, stats. 1871-2, p. 951.

Officers not to be interested in contracts.

SEC. 920. Members of the legislature, state, county, city and township officers, must not be interested in any contract made by them in their official capacity, or by any body, or board of which they are members. [Pol. Code.]

Implied contracts are included in this section: 125 Cal. 119.

It matters not how fair a contract may be, the law will not suffer a public officer to occupy a position so equivocal

and fraught with temptation : 114 Cal. 207. Officers not to be purchasers at sale.

SEC. 921. State, county, township, and city officers must not be purchasers at any sale, nor vendors at any purchase made by them in their official capacity. [Pol. Code.]

Contracts in violation, voidable.

SEC. 922. Every contract made in violation of any of the provisions of the two preceding sections may be avoided at the instance of any party except the officer interested therein. [Pol. Code.]

Penalty for violation of preceding sections.

SEC. 71. Every officer or person prohibited by the laws of this state from making or being interested in contracts, or from becoming a vendor or purchaser at sales, or from purchasing scrip, or other evidences of indebtedness, who violates any of the provisions of such laws, is punishable by a fine of not more than one thousand dollars, or by imprisonment in the state prison not more than five years, and is forever disqualified from holding any office in this state. [Pen. Code.]

False certificates by public officers.

SEC. 167. Every public officer authorized by law to make or give any certificate or other writing, who makes and delivers as true any such certificate or writing, containing statements which he knows to be false, is guilty of a misdemeanor. [Pen. Code.]

Omission of duty by public officer.

SEC. 176. Every willful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision shall have been made for the punishment of such delinquency is punishable as a misdemeanor. [Pen. Code.]

Exercising functions of office wrongfully.

SEC. 75. Every person who willfully and knowingly intrudes himself into any public office to which he has not been elected or appointed, and every person who, having been an executive officer, willfully exercises any of the functions of his office after his term has expired, and a successor has been elected or appointed and has qualified, is guilty of a misdemeanor.

SEC. 77. The various provisions of this chapter apply to administrative and ministerial officers, in the same manner as if they were mentioned therein. [Pen. Code.]

Intoxication of officers.

SECTION 1. Any officer of a town, village, city, county, or state, who shall be intoxicated while in discharge of the duties of his office, or by reason of intoxication is disqualified for the discharge of, or neglects his duties, shall be guilty of a misdemeanor, and on conviction of such misdemeanor shall forfeit his office; and in such case the vacancy occasioned thereby shall be filled in the same manner as if such officer had filed his 42

PRISON LAWS OF CALIFORNIA.

resignation in the proper office, and it had been accepted by the proper authority; provided, such acceptance shall have been necessary to make the office vacant. [Stats. 1880, p. 77.]

When and by what court mandate issues.

SEC. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station; or to compel the admission of a party to the use and enjoyment of a right or office to which he is entitled, and from which he is unlawfully precluded by such inferior tribunal, corporation, board or person. [Code Civil Procedure.]

Prohibition defined.

SEC. 1102. The writ of prohibition is the counterpart of the writ of mandate. It arrests the proceedings of any tribunal, corporation, board, or person, whether exercising functions judicial or ministerial, when such proceedings are without, or in excess of the jurisdiction of such tribunal, corporation, board, or person. [Code Civil Procedure.]

When and where issued.

SEC. 1103. It may be issued by any court except police or justice's courts, to an inferior tribunal or to a corporation, board or person, in all cases where there is not a plain, speedy, and adequate remedy in the ordinary course of law. It is issued upon the verified petition of the person beneficially interested. [Code Civil Procedure.]

Grand jury investigation.

SEC. 923. The grand jury must inquire into the case of every person imprisoned in the jail in the county on a criminal charge and not indicted ; into the condition and management of public prisons within the county; and into the willful or corrupt misconduct in office public officers of every description within the county. [Pen. Code.]

Grand jury entitled to access to public prison, etc.

SEC. 924. They are also entitled to free access, at all reasonable times, to the public prisons, and to the examination, without charge, of all public records within the county. [Pen. Code.]

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