Taking rewards for

clerkship, deputation or other subordinate position in any public office, is punishable by imprisonment in the county jail not less than six months nor more than two years, or by a fine of not less than two hundred dollars nor more than one thousand dollars, or both.

2 Rev. Stat., 696, § 35, as amended, Laws of 1863, ch. 61, § 1.

$108. Every public officer who, for any gratuity deputation. or reward, appoints another person to a public office, or permits another person to exercise, perform or discharge any of the prerogatives or duties of his office, is punishable by imprisonment in the county jail not less than six months nor more than two years, and by a fine of not less than two hundred dollars or more than one thousand dollars; and in addition thereto he forfeits his office.

Unlawful

grant or

void, except

acts done

51.

2 Rev. Stat., 696, § 35, as amended, Laws of 1863, ch.

S 109. Every grant or deputation made contrary to deputation the provisions of the two preceding sections is void; as to official but official acts done before a conviction for any offense prohibited by those sections, shall not be deemed invalid, in consequence of the invalidity of such grant or deputation.

before conviction.

Exercising

functions of

successor

has quali

fied.

Founded on 2 Rev. Stat., 696, § 37.

S 110. Every person who, having been an executive office, after officer, willfully exercises any of the functions of his office after his term of office has expired and a successor has been duly elected or appointed, and has qualified, in his place, and he has notice thereof, is guilty of a misdemeanor.

Refusal to surrender

S 111. Every person who, having been an executive books, &c., officer of this State, wrongfully refuses to surrender the official seal or any of the books and papers appertaining to his office, to his successor who has been duly elected or appointed, and has duly qualified, and

of office to surrender upon demand.

has demanded the surrender of the books and papers of such office, is guilty of a misdemeanor.

trative

S 112. The various provisions of this chapter which Adminis relate to executive officers apply in relation to ad- officers. ministrative officers in the same manner as if administrative and executive officers were both mentioned together.

TITLE VII.

OF CRIMES AGAINST THE LEGISLATIVE POWER.

SECTION 113. Preventing the meeting or organization of either branch of

the legislature.

114. Disturbing the legislature while in session.

115. Compelling adjournment.

116. Intimidating a member of the legislature.

117. Compelling either house to perform or omit any official act.
118. Altering draft of bill.

119. Altering engrossed copy.

120. Giving bribes to members of the legislature.

121. Receiving bribes by members of legislature.

122. Witnesses refusing to attend before the legislature or legis

lative committees.

123. Refusing to testify.

124. Members of the legislature liable to forfeiture of office.

S 113. 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 punishable by imprisonment in a state prison not less than five nor more than ten years, or by a fine of not less than five hundred dollars nor more than two thousand dollars, or both.

See Liv. Cr. Code, 381, § 118.

the legisla ture while

in session.

S114. Every person who willfully disturbs the Disturbing 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 of the legislature, tending to interrupt its proceedings or impair the respect due to its authority, is guilty of a misdemeanor.

S115. Every person who willfully and by force or fraud compels or attempts to compel the legislature of this State, or either of the houses composing it, to adjourn or disperse, is punishable by imprisonment in a state prison not less than five nor more than ten years, or by fine of not less than five hundred dollars, nor more than two thousand dollars, or both.

Liv. Cr. Code, 381, § 118.

S 116. Every person who willfully, by intimidation or otherwise, prevents any member of the legislature of this State, from attending any session of the house of which he is a member, or of any committee thereof, or from giving his vote upon any question which may come before such house, or from performing any other official act, is guilty of a misdemeanor.

Ib.

S 117. Every person who willfully compels or attempts to compel either of the houses composing the legislature of this State to pass, amend, or reject any bill, or resolution, or to grant or refuse any petition, or to perform or omit to perform any other official act, is punishable by imprisonment in a state prison not less than five nor more than ten years, or by a fine of not less than five hundred dollars nor more than two thousand dollars, or both.

Ib.

S 118. 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.

engrossed

$119. Every person who fraudulently alters the Altering engrossed copy or enrollment of any bill which has copy. been passed by the legislature of this State, with intent to procure it to be 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 by the legislature, is guilty of felony.

bribes to

the legisla

S 120. Every person who gives or offers to give a Giving bribe to any member of the legislature, or attempts members of directly, or indirectly, by menace, deceit, suppression ture. of truth or any other corrupt means to influence a member in giving or withholding his vote, or in not attending the house of which he is a member, or any committee thereof, is punishable by imprisonment in a state prison not exceeding ten years or by fine not exceeding five thousand dollars, or both.

S121. 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 who 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 a state prison not exceeding ten years, or by fine not exceeding five thousand dollars, or both.

This section, with the one which precedes, is founded upon the provisions of 2 Rev. Stat., 682, § 9, as amended by Laws of 1853, ch. 539, § 2. It is extended, however, to embrace what is known as "log rolling," or agreements to exchange votes for or against measures pending before the legislature; and, also, so as to embrace deceits and concealments practised upon members of the legislature

to obtain their votes.

Receiving members of

bribes by

the legisla

ture.

Witnesses refusing to attend before the

or legisla

In Marshall v. Baltimore & Ohio R. R. Co., 16 Пow. (U. S.) R., 314, the court (commenting upon the cases of Fuller v. Dame, 18 Pick., 470; Hatzfield v. Gulden, 7 Watts, 152; Clippinger v. Hepbaugh, 5 Watts & S., 315; Wood v. McCan, 6 Dana, 366; Hunt v. Test, 8 Ala., 719; The Commonwealth v. Callaghan, 2 Va. Cas., 460), say: "The sum of these cases is, 1. All contracts for a contingent compensation for obtaining legislation, or to use personal or any secret or sinister influence on legislators are void by the policy of the law.

2. Secrecy as to the character under which the agent or solicitor acts tends to deception, and is immoral and fraudulent; and where the agent contracts to use secret influences, or voluntarily, without contract with his principal, uses such means, he cannot have the assistance of a court to recover compensation.

3. That what, in the technical vocabulary of politicians, is termed "log rolling" is a misdemeanor at common law, punishable by indictment.

S 122. Every person who, being duly summoned to attend as a witness before either house of the leglegislature islature or any committee thereof, authorized to summon witnesses, refuses or neglects without lawful excuse to attend pursuant to such summons, is guilty of a misdemeanor.

tive committecs.

Refusing to testify.

Members of the legislature liable

to forfeiture of office.

S123. Every person who being present before either house of the legislature or any committee thereof authorized to summon witnesses, willfully refuses to be sworn or affirmed, 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.

S 124. The conviction of a member of the legislature of either of the crimes defined in this chapter, involves as a consequence in addition to the punishment prescribed by this Code, a forfeiture of his office; ; and disqualifies him from ever afterwards holding any office under this State.