oath, if such accused caused or procured such officer to certify that the oath had been taken or administered. En. February 14, 1872. Am'd. 1905, 648. The matter following the word "manner" is new. The object of the amendment is to cut off the defense sometimes successfuly made in perjury cases, that the defendant did not in fact go before the officer and take oath, it being at the same time admitted that he sent the affidavit to the officer with the intention that he should certify to it, and with the intention that it should be used as valid.-Code Commissioner's Note. Cal. Rep. Cit. 64, 271; 118, 80; 131, 256; 139, 601. § 122. Incompetency of witness no defense. It is no defense to a prosecution for perjury that the accused was not competent to give the testimony, deposition, or certificate of which falsehood is alleged. It is sufficient that he did give such testimony or make such deposition or certificate. En. February 14, 1872. Cal. Rep. Cit. 64, 271. § 123. Knowledge of materiality of testimony not necessary. It is no defense to a prosecution for perjury that the accused did not know the materiality of the false statement made by him; or that it did not, in fact, affect the proceeding in or for which it was made. It is sufficient that it was material, and might have been used to affect such proceeding. En. February 14, 1872. Cal. Rep. Cit. 82, 610. 8 124. Deposition, when deemed to be complete. The making of a deposition, affidavit or certificate is deemed to be complete, within the provisions of this chapter, from the time when it is delivered by the accused to any other person, with the intent that it be uttered or published as true. En. February 14, 1872. Am'd. 1905, 648. The change consists in the addition of the word "affidavit." The purpose is of the same character as that of the amendment to the preceding section.-Code Commissioner's Note. Cal. Rep. Cit. 117, 682; 118, 51; 137, 221. § 125. Statement of that which one does not know to be true. An unqualified statement of that which one does not know to be true is equivalent to a statement of that which one knows to be false. En. February 14, 1872. Cal. Rep. Cit. 120, 132; 120, 134; 120, 186, § 126. Punishment of perjury. Perjury is punishable by imprisonment in the state prison not less than one, nor more than fourteen years. En. February 14, 1872. § 127. Subornation of perjury. Every person who willfully procures another person to commit perjury is guilty of subornation of perjury, and is punishable in the same manner as he would be if personally guilty of the perjury so procured. En. February 14, 1872. § 128. Procuring the execution of innocent persons. Every person who, by willful perjury or subordination of perjury, procures the conviction and execution of any innocent person, is punishable by death. En. February 14, 1872. § 129. False return, whether oath is taken or not. Every person who, being required by law to make any return, statement, or report, under oath, willfully makes and delivers any such return, statement, or report, purporting to be under oath, knowing the same to be false in any particular, is guilty of perjury, whether such oath was in fact taken or not. En. Stats. 1905, 649. The object of the section is similar to that of hte proposed amendment to section 121. (See People v. Simpton, 133 Cal. 867.)-Code Commissioner's Note. CHAPTER VI. FALSIFYING EVIDENCE. § 132. Offering false evidence. § 133. Deceiving a witness. 134. Preparing false evidence. § 135. Destroying evidence. 136. Preventing or dissuading witness from attending. 137. Bribing witnesses. 138. Receiving or offering to receive bribes. 8 132. Offering false evidence. Every person who, upon any trial, proceeding, inquiry, or investigation whatever, authorized or permitted by law, offers in evidence, as genuine or true, any book, paper, document, record, or other instrument in writing, knowing the same to have been forged, or fraudulently altered or antedated, is guilty of felony. En. February 14, 1872. Pen. Code-6 § 133. Deceiving a witness. Every person who practices any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token, or writing, to any witness or person about to be called as a witness upon any trial, proceeding, inquiry, or investigation whatever, authorized by law, with intent to affect the testimony of such witness, is guilty of a misdemeanor. En. February 14, 1872. § 134. Preparing false evidence. Every person guilty of preparing any false or antedated book, paper, record, instrument in writing, or other matter or thing, with intent to produce it, or allow it to be produced for any fraudulent or deceitful purpose, as genuine or true, upon any trial, proceeding, or inquiry whatever, authorized by law, is guilty of felony. En. February 14, 1872. 135. Destroying evidence. Every person who, knowing that any book, paper, record, instrument in writing, or other matter or thing, is about to be produced in evidence upon any trial, inquiry, or investigation whatever, authorized by law, willfully destroys or conceals the same, with intent thereby to prevent it from being produced, is guilty of a misdemeanor. En. February 14, 1872. § 136. Preventing or dissuading witness from attending. Every person who willfully prevents or dissuades any person who is or may become a witness, from attending upon any trial, proceeding, or inquiry, authorized by law, is guilty of a misdemeanor. En. February 14, 1872. § 137. Bribing witnesses. Every person who gives, or offers, or promises to give, to any witness, or person about to be called as a witness, any bribe, upon any understanding or agreement that the testimony of such witness shall be thereby influenced, or who attempts by any other means fraudulently to induce any person to give false or withhold true testimony, is guilty of a felony. En. February 14, 1872. Am'd. 1873-4, 425. Cal. Rep. Cit. 78, 170; 146, 146. § 138. Receiving or offering to receive bribes. Every person who is a witness, or is about to be called as such, who receives or offers to receive, any bribe, upon any understanding that his testimony shall be influenced thereby, or that he will absent himself from the trial or proceeding upon which his testimony is required, is guilty of a felony. En. February 14, 1872. Am'd. 1873-4, 425. CHAPTER VII. OTHER OFFENSES AGAINST PUBLIC JUSTICE. § 142. Officer refusing to arrest parties charged with crime. § 148. Resisting public officers. § 149. Assault, etc., by officers, under color of authority. § 150. Refusing to aid officers in arrest, etc. § 151. Taking extra-judicial oaths. (Repealed.) § 152. Administering extra-judicial oaths. (Repealed.) § 153. Compounding crimes. 154. Debtor fraudulently concealing his property. § 155. Defendant fraudulently concealing his property. § 156. Fraudulent pretenses relative to birth of infant. § 157. Substituting one child for another. § 158. Common barratry defined. How punished. 159. What proof is required. § 159a. Advertising procuring of divorce. § 160. Misconduct by attorneys. § 161. Buying demands or suit by an attorney. § 161a. Falsely advertising as an attorney. § 162. Attorneys forbidden to defend prosecutions carried on by their partners or formerly by themselves. § 163. Limitation of preceding section. 164. Grand juror acting after challenge has been allowed. § 165. Bribing boards of supervisors, etc. § 166. Criminal contempts. § 167. False certificates by public officers. § 168. Disclosing fact of indictment having been found. § 169. Disclosing what transpired before the grand jury. § 170. Maliciously procuring search warrant. 171. Unauthorized communication with convict. § 171a. Bringing certain drugs or firearms into or near prisons. § 171b. Ex-convicts coming upon or near prison grounds. § 171c. Tramp, vagrant, etc., coming into prison or upon grounds belonging thereto. 8 172. Keeping intoxicating liquors within or contiguous to state build ings. § 173. Importing foreign convicts. § 174. Bringing Chinese into the state. § 175. Separate and distinct prosecution. § 176. Omission of duty by public officer. § 177. Offense for which no penalty is prescribed. § 178. Officers of corporations not to employ Chinese. (Repealed.) § 179. Corporations not to employ Chinese. (Repealed.) § 180. County treasurer receiving money. § 180a. Bringing drugs, liquors, firearms, etc., into state's prison. (Repealed.) § 181. Infringement of personal liberty or attempt to assume ownership of persons. § 142. Officer refusing to arrest parties charged with crime. Every sheriff, coroner, keeper of a jail, constable, or other peace officer, who willfully refuses to receive or arrest any person charged with a criminal offense, is punishable by fine not exceeding five thousand dollars, and imprisonment in the county jail not exceeding five years. En. February 14, 1872. § 143. Public administrator, neglect or violation of duty by. Every person holding the office of public administrator, who willfully refuses or neglects to perform the duties thereof, or who violates any provision of law relating to his duties or the duties of his office, for which some other punishment is not prescribed, is punishable by fine not exceeding five thousand dollars, or imprisonment in the county jail not exceeding two years, or both. En. February 14, 1872. § 144. Receiving fee for services in arresting fugitives. Every person who violates any of the provisions of section one thousand five hundred and fifty-eight is guilty of a misdemeanor. En. February 14, 1872. The section referred to relates to fees or compensation allowed persons for pursuing and securing the extradition of fugitiver from justice. § 145. Delaying to take person arrested before a magistrate. Every public officer or other person, having arrested any person upon a criminal charge, who willfully delays to take such person before a magistrate having jurisdiction, to take his examination, is guilty of a misdemeanor. En. February 14, 1872. § 146. Making arrests, etc., without lawful authority. Every public officer, or person pretending to be a public officer, who, under the pretense or color of any process or other legal authority, arrests any person or detains him against his will, or seizes or levies upon any property, or dispossesses any one of any lands or tenements, without |