§ 68. Asking or receiving bribes. Every executive offi. cer, 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. En. February 14, 1872.

Cal. Rep. Cit. 64, 158; 68, 550; 137, 14; 137, 15; 137, 16.

§ 69. Resisting officers. Every person who attempts, by means of any 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 thousand dollars, and imprisonment in the county jail not exceeding five years. En. February 14, 1872.

Resisting officers: See, generally, post, sec. 148.

§ 70. Extortion. 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 a misdemeanor. En. February 14, 1872. Am'd. 1873-4, 423. Cal. Rep. Cit. 60, 117; 145, 638.

Extortion by judicial officer: See post, sec. 94.

§ 71. Officers illegally interested in contracts. 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. En. February 14, 1872.

Cal. Rep. Cit. 125, 122.

§ 72. Presenting fraudulent bills or claims for allowance or payment. Every person who, with intent to defraud,

Pen. Code-5

presents for allowance or for payment to any state board or officer, or to any county, town, city, ward, or village board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of felony. En. February 14, 1872.

Cal. Rep. Cit. 71, 196; 135, 269; 145, 105; 145, 109; 145,

110.

§ 73. Buying appointments to office. 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. En. February 14, 1872.

Constitutional provision.-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: Const. Cal., art. XX, sec. 10.

874. Taking rewards for deputation. 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 disqualified from holding any office in this state. En. February 14, 1872.

874a. Retaining part of salary. 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 any part of the salary or fees allowed by law to his deputy, clerk, or other subordinate officer, is guilty of a felony. En. Stats. 1905, 646. This is a codification of the provisions of the statute of 1871-2, page 951, with the following changes; the word "accepts" is inserted in place of "keeps," and the pharse "for his own use" is added after "retains."-Code Commissioner's Note.

§ 75. Exercising functions of office wrongfully. Every person who willfully and knowingly intrudes himself into any public office to which he has not been elected or ap pointed, 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. En. February 14, 1872.

successor.

§ 76. Refusal to surrender books, etc., to 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 dstains 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 nor more than ten years. En. February 14, 1872. Am'd. 1905, 646.

The change consists in the addition of the clause "or willfully and unlawfully withholds or detains from his successor, or other person entitled thereto, any money or property in his custody as such offcer. The section as it now stands makes it punishable only for an officer to retain writings or records appertaining or belonging to his office, but does not extend to the manifestly graver offense above noted.-Code Commissioner's Note.

Cal. Rep. Cit. 47, 130; 103, 493.

§ 77. Sections to apply to administrative and ministerial officers. The various provisions of this chapter apply to administrative and ministerial officers, in the same manner as if they were mentioned therein. En. February 14, 1872.

TITLE VI.

OF CRIMES AGAINST THE LEGISLATIVE POWER.

§ 81.

Preventing the meeting of the legislature.

§ 82. Disturbing the legislature while in sesssion.

§ 83. Altering draft of bill or resolution.

§ 84. Altering enrolled copy of bill or resolution.

85. Giving or offering bribes to members of the legislature.

86. Receiving bribes by members of the legislature.

87. Witnesses refusing to attend, etc., before the legislature. 88. Bribes by members of the legislature.

89. Lobbying.

§ 81. Preventing the meeting of the legislature. Every person who willfully, and by force or fraud, prevents the legislature of this state, or either of the houses composing it, or any of the members thereof, from meeting or organizing, is guilty of felony. En. February 14, 1872.

§ 82. Disturbing the legislature while in session. Every person who willfully disturbs the legislature of this state, or either of the houses composing it, while in session, or who commits any disorderly conduct in the immediate view and presence of either house, tending to interrupt its proceedings or impair the respect due to its authority, is guilty of a misdemeanor. En. February 14, 1872.

§ 83. Altering draft of bill or resolution. Every person who fraudulently alters the draft of any bill or resolution which has been presented to either of the houses composing the legislature, to be passed or adopted, with intent to procure it to be passed or adopted by either house, or certified by the presiding officer of either house, in language different from that intended by such house, is guilty of felony. En. February 14, 1872.

§ 84. Altering enrolled copy of bill or resolution. Every person who fraudulently alters the enrolled copy of any bill or resolution which has been passed or adopted by the legislature of this state, with intent to procure it to bs approved by the governor, or certified by the secretary of state, or printed or published by the printer of the statutes, in language different from that in which it was passed or adopted by the legislature, is guilty of felony. En. February 14, 1872.

§ 85. Giving or offering bribes to members of the legislature. Every person who gives or offers to give a bribe to any member of the legislature, or to another person for him, or attempts by menace, deceit, suppression of truth, or any corrupt means, to influence a member in giving or withholding his vote, or in not attending the horse or any committee of which he is a member, is punishable by imprisonment in the state prison not less than one nor more than ten years. En. February 14, 1872.

Bribery: See ante, secs. 67, 68.

§ 86. Receiving bribes by members of the legislaturs. Every member of either of the houses composing the legislature of this state who asks, receives, or agrees to receive any bribe upon any understanding that his official vote, opinion, judgment, or action shall be influenced thereby, or shall be given in any particular manner, or upon any particular side of any question or matter upon which he

may be required to act in his official capacity, or gives, or offers, or promises to give any official vote in consideration that another member of the legislature shall give any such vote, either upon the same or another question, is punishable by imprisonment in the state prison not less than one nor more than fourteen years, and upon conviction thereof shall, in addition to said punishment, forfeit his office, be disfranchised, and forever disqualified from holding any office or public trust. En. February 14, 1872. Am'd. 1880, 7.

The section is based upon Stats. 1863, 645, secs. 1, 2, which the code commissioners in their note say was "extended, however, to embrace what is known as 'logrolling,' or agreements to exchange votes for or against measures pending before the legislature; and also so as to embrace deceits and concealments practiced upon members of the legislature to obtain their votes." And they conclude: "That what, in the technical vocabulary of politicians, is termed 'log-rolling,' is a misdemeanor at common law, punishable by indictment."

§ 87. Witnesses refusing to attend, etc., before the legislature. Every person who, being summoned to attend as witness before either house of the legislature or any committee thereof, refuses or neglects, without lawful excuse, to attend pursuant to such summons; and every person who, being present before either house of the legislature or any committee thereof, willfully refuses to be sworn, or to answer any material and proper question, or to produce, upon reasonable notice, any material and proper books, papers, or documents in his possession or under his control, is guilty of a misdemeanor. En. February 14,

1872.

§ 88. Bribes by members of the legislature. Every member of the legislature convicted of any crime defined in this chapter, in addition to the punishment prescribed, forfeits his office, and is forever disqualified from holding any office in this state. En. February 14, 1872.

or

§ 89. Lobbying. Every person who obtains, or seeks to obtain money or other thing of value from another person, upon a pretense, claim, or representation that he can will improperly influence in any manner the action of any member of a legislative body in regard to any vote or legislative matter, is guilty of a felony. Upon the trial