life, who escapes therefrom, is punishable by imprisonment in a state prison for a term of not less than one year; said second term of imprisonment to commence from the time he would otherwise have been discharged from said prison. En. February 14, 1872. Am'd. 1880, 42; 1905, 723.

105. The present section is open to the objection that the punishment prescribed is unequal, not proportionate to the offense, and its constitutionality on that account has been sometimes doubted. The cases of State v. Lewin (Kan.), 37 Pac. Rep. 168; Barbier v. Connolly, 113 U. S. 27; Coon Hing v. Crowley, 113 U. S. 703; Hayes v. Missouri, 120 U. S. 68; Home Ins. Co. v. N. Y. 134 U. S. 594; Pembina Mng.. Co. v. Penn., 125 U. S. 181; Crowley v. Christenson, 137 U. S. 86; Yick Wo v. Hopkins, 118 U. S. 358; Civil Rights Cases, 103 U. S. 3, are cited in behalf of this view. The amendment is strongly urged by the district attorney of Marin County.-Code Commmissioner's Note.

Cal. Rep. Cit. 88, 170; 132, 348; 135, 343; 145, 664.

See section 109 of this code for the punishment imposed in this state upon a person who assists a prisoner confined in any prison, or in the lawful custody of any officer or person, to escape.

Escape suffered by officers: Post, sec. 108.

Killing escaped prisoner is justifiable, when: See post, sec. 196.

§ 106. Attempt to escape from state prison. Every prisoner confined in the state prison for a term less than for life, who attempts to escape from such prison, is guilty of a felony, and, on conviction thereof, the term of imprisonment therefor shall commence from the time such convict would otherwise have been discharged from said prison. En. February 14, 1872. Am'd. 1880, 42.

§ 107. Escapes from other than state prison. Every prisoner confined in any other prison than a state prison, who escapes or attempts to escape therefrom, is guilty of a misdemeanor. En. February 14, 1872.

§ 108. Officers suffering convicts to escape. Every keeper of a prison, sheriff, deputy sheriff, constable, or jailer, or person employed as a guard, who fraudulently contrives, procures, aids, connives at, or voluntarily per mits the escape of any prisoner in custody, is punishable by imprisonment in the state prison not exceeding ten years, and fine not exceeding ten thousand dollars. En. February 14, 1872.

§ 109. Assisting prisoners to escape. Every person who willfully assists any prisoner confined in any prison or jail, or any inmate of any public training school or reformatory, or any person in the lawful custody of any officer or person, to escape, or in an attempt to escape from such prison or jail, or public training school or reformatory, or custody, is punishable as provided in section one hundred and eight. En. February 14, 1872. Am'd. 1905, 647.

109. The amendment is designed to make it punishable to assist the escape of inmates of reformatories, and to accomplish this end the following insertions have been made: The words "or jail, or reformatory," the words "or any person," and the words "or jail, or public training school, or reformatory."-Code Commissioner's Note.

§ 110. Carrying into prison things useful to aid in escape. Every person who carries or sends into a prison, jail, public training school, or reformatory, anything useful to aid a prisoner or inmate in making his escape, with intent thereby to facilitate the escape of any prisoner or inmate confined therein, is punishable as provided in section one hundred and eight. En. February 14, 1872. Am'd. 1905, 647.

110. The change is in line with the proposed change in section 109, The words "Hall, public training school, or reformatory" are inserted, and the words "or inmate" are added after "prisoner."-Code Commissioner's Note.

§ 111. Expense of trial for escape. Whenever a trial is had of any person under any of the provisions of sections one hundred and five and one hundred and six, and whenever a convict in the state prison is tried for any crime committed therein, the county clerk of the county where such trial is had must make out a statement of all the costs incurred by the county for the trial of such case, and of guarding and keeping such convict, and of the execution of the sentence of such convict, properly certified to by a judge of the superior court of such county, which statement must be sent to the board of state prison directors for their approval; and after such approval, said board must cause the amount of such costs to be paid out of the money appropriated for the support of the state prison, to the county treasurer of the county where such trial was had. En. Stats. 1880, 9. Am'd. 1905, 774.

111. The change consists in the insertion of the words "and of the execution of the sentence of such convict," after "convict," and substitution of the words "judge of the superior court of such county" for "superior judge of said county." It is manifestly proper that the county should be recouped for the expenses covered by the amendment.-Code Commissioner's Note.

CHAPTER IV.

FORGING, STEALING, MUTILATING, AND

FALSIFYING JUDI

CIAL AND PUBLIC RECORDS AND DOCUMENTS.

113. Larceny, destruction, etc., of records by officers.

114. Larceny, destruction, etc., of records by others.

115. Offering false or forged instruments to be recorded. 116. Adding names, etc., to jury lists.

117. Falsifying jury lists, etc.

§ 113. Larceny, destruction, etc., of records by officers. Every officer having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his hands for any purpose, who is guilty of stealing, willfully destroying, mutilating, defacing, altering or falsifying, removing or secreting the whole or any part of such record, map, book, paper, or proceeding, or who permits any other person so to do, is punishable by imprisonment in the state prison not less than one nor more than fourteen years. En. February 14, 1872.

Cal. Rep. Cit. 96, 174; 96, 175; 96, 179; 96, 180.

§ 114. Larceny, destruction, etc., of records by others. Every person not an officer such as is referred to in the preceding section, who is guilty of any of the acts specified in that section, is punishable by imprisonment in the state prison not exceeding five years, or in a county jail not exceeding one year, or by a fine not exceeding one hundred dollars, or by both. En. February 14, 1872.

Cal. Rep. Cit. 96, 174; 96, 180.

§ 115. Offering false or forged instruments to be recorded. Every person who knowingly procures or offers any false or forged instrument to be filed, registered, or recorded in any public office within this state, which instrument, if genuine, might be filed, or registered, or recorded under any law of this state, or of the United States, is guilty of felony. En. February 14, 1872.

Cal. Rep. Cit. 84, 569; 133, 2.

to

§ 116. Adding names, etc., to jury lists. Every person who adds any names to the list of persons selected serve as jurors for the county, either by placing the same in the jury-box, or otherwise, or extracts any name there

from, or destroys the jury-box, or any of the pieces of paper containing the names of jurors, or mutilates or defaces such names so that the same cannot be read, or changes such names on the pieces of paper, except in cases allowed by law, is guilty of a felony. En. February 14, 1872. Am'd. 1873-4, 425.

§ 117. Falsifying jury lists, etc. Every officer or person required by law to certify to the list of persons selected as jurors, who maliciously, corruptly, or willfully certifies to a false or incorrect list, or a list containing other names than those selected, or who, being required by law to write down the names placed on the certified lists on separate pieces of paper, does not write down and place in the jury-box the same names that are on the certified list, and no more and no less than are on such lists, is guilty of a felony. En. February 14, 1872.

CHAPTER V.

PERJURY AND SUBORNATION OF PERJURY.

118. Perjury defined.

118a. False affidavits as to affiant's testimony.

119.

Oath defined.

120. Oath of office.

121. Irregularity in administering.

122. Incompetency of witness no defense.

123. Knowledge of materiality of testimony not necessary.

124. Deposition, when deemed to be complete.

125. Statement of that which one does not know to be true. 126. Punishment of perjury.

127. Subornation of perjury.

128. Procuring the execution of innocent persons.

§ 129. False return whether oath is taken or not.

§ 118. Perjury defined. Every person who, having taken an oath that he will testify, declare, depose, or certify truly before any competent tribunal, officer, or person in any of the cases in which such an oath may by law be administered, willfully and contrary to such oath states as true any material matter which he knows to be false, is guilty of perjury. En. February 14, 1872.

Cal. Rep. Cit. 54, 528; 59, 374; 59, 379; 63, 63; 64, 271; 103, 427; 111, 658; 113, 75; 117, 682; 120, 132; 120, 134; 120, 135; 122, 680; 131, 260; 133, 368; 136, 392; 137, 264; 137, 266; 146, 115; 146, 117; 146, 118.

See post, sec. 121, as to oaths administered in an irregular manner.

§ 118a. False affidavits as to affiant's testimony. Any person who, in any affidavit taken before any person authorized to administer oaths, swears, affirms, declares, deposes, or certifies that he will testify, declare, depose, or certify before any competent tribunal, officer, or person, in any case then pending or thereafter to be instituted, in any particular manner, or to any particular fact, and in such affidavit willfully and contrary to such oath states as true any material matter which he knows to be false, is guilty of perjury. In any prosecution under this section, the subsequent testimony of such person, in any action involving the matters in such affidavit contained, which is contrary to any of the matters in such affidavit contained, shall be prima facie evidence that the matters in such affidavit were false. En. Stats. 1905, 648.

The object of this new section is to punish those who instigate litigation by making false affidavits respecting the facts to which they will testify, and is made necessary by the decision of the Supreme Court in People v. Simpton, 133 Cal, 367.-Code Commmissioner's Note.

§ 119. Oath defined. The term "oath," as used in the last two sections, includes an affirmation and every other mode authorized by law of attesting the truth of that which is stated. En. February 14, 1872. Am'd. 1905, 648.

The change consists in the substitution of the words "two sections" for "section." The change is made necessary by the addition of section 118a to the Code.-Code Commissioner's Note.

Cal. Rep. Cit. 133, 370.

Manner of administering oath.-That mode of swearing which the witness believes most obligatory may be adopted. No special form of oath or affirmation is required: Code Civ. Proc., secs. 2093-2097; see also sec. 121, post.

§ 120. Oath of office. So much of an oath of office as relates to the future performance of official duties is not such an oath as is intended by the two preceding sections. En. February 14, 1872.

Oath of office: See Pol. Code, secs. 904 et seq.

§ 121. Irregularity in administering oath. It is no defense to a prosecution for perjury that the oath was administered or taken in an irregular manner, or that the person accused of perjury did not go before, or was not in the presence of, the officer purporting to administer the