51. Taking unlawful reward for services in extradition of

fugitives.

52. Corrupt bargain for appointments, &c.

53. Same.

54. Selling right to official powers.

55. Such appointment avoided by conviction.
56. Intrusion into public office.

57. Officer refusing to surrender to successor.
58. Administrative officers.

§ 42. Acting in a public office without having qualified. A person who executes any of the functions of a public office without having taken and duly filed the required oath of office, or without having executed and duly filed the required security, is guilty of a misdemeanor; and in addition to the punishment prescribed therefor, he forfeits his right to the office.

Foot v. Stiles et al., 57 N. Y., 399.

§ 43. Acts of officer de facto, valid.—The last section must 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.

§ 44. Giving or offering bribes to public officers. A person who gives or offers a 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 a state prison not exceeding ten years, or by fine not exceeding five thousand dollars, or by both.

State v. Ellis, 4 Vroom, 102.

§ 45. Asking or receiving bribes.- An executive officer, or person elected or appointed to an executive office, who asks, receives or agrees to receive any bribe, upon an agreement or understanding that his vote, opinion or action upon any matter then pending or which may by law be brought before him in his official capacity, shall be influenced thereby, is punishable by imprisonment in a state prison not exceeding ten years, or by a fine not exceeding five thousand dollars, or by both; and in addition thereto forfeits his office and is forever disqualified from holding any public office under this state.

§ 46. Attempting to prevent officers from performing duty. A 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, is guilty of a misdemeanor. See §§ 61, 62, 63, 127, post.

§ 47. Resisting officers.- A person who knowingly resists, by the use of force or violence, any executive officer, in the performance of his duty, is guilty of a misdemeanor.

See § 124, post.

§ 48. Taking unlawful fees. An executive officer ' who asks or receives any emolument, gratuity or reward, or any promise of emolument, gratuity or reward, except such as may be authorized by law, for doing any official act, is guilty of a misdemeanor.

Sup'rs, etc. v. Briggs, 2 Den., 41; Parker v. Newman, 1 Hill., 87; Peo. v. Whaley, 6 Cow., 661; Stevens v. Adams, 23 Wend., 57; Adams v. Stevens, 26 id., 451; The Amer. Ex. F. Ins. Co. v. Britton et al., 8 Bos., 148; Lynch v. Meyers, 3 Daly, 256; Crofut v. Brandt, 13 Abb. Pr. (N. S.), 128.

§ 49. Asking or receiving reward for omitting or delaying official acts. An executive officer who asks or receives any emolument, gratuity or reward, or any promise of any emolument, gratuity or reward, for omitting or deferring the performance of any official duty, is guilty of a misdemeanor.

§ 50. Taking fees for services not rendered. — An executive officer who asks or receives any fee or compensation for any official service which has not been actually rendered, except in cases of charges for prospective costs, or of fees demandable in advance in the cases allowed by law, is guilty of a misdemeanor.

Peo. v. Whaley, 6 Cow., 661; Wendell v. Lewis, 8 Pai., 613; Lynch. v. Meyers, 3 Daley, 256; Crofut v. Brandt., 13 Abb. Pr. (N. S.), 128; Parker v. Newland, 1 Hill, 87.

§ 51. Taking unlawful reward in extradition cases.— An officer of this state who asks or receives any fee or compensation of any kind for any service rendered or expense incurred in procuring from the governor of this state a demand upon the executive authority of a state or territory of the United States, or of a foreign government, for the surrender of a fugitive from justice; or for any service rendered or expense incurred in procuring the surrender of such fugitive, or of conveying him to this state or for detaining him therein, except upon an employment by the governor of this state is guilty of a misdemeanor.

Code Cr. Proc., §§ 886, 837."

§ 52. Offering reward for appointments, etc. A person who gives or offers to give, any gratuity or reward, in consideration that himself or any other person shall be be appointed to a public office, or to a clerkship, depuutation, or other subordinate position, in such an office, or shall be permitted to exercise, perform, or discharge any prerogatives or duties, or to receive any emoluments, of such an office, is guilty of a misdemeanor.

§ 53. Asking or receiving reward for appointments, etc.-A person who asks or receives, or agrees to receive, any gratuity or reward, or any promise thereof, for appointing another person, or procuring for another person an appointment, to a public office or to a clerkship, deputation, or other subordinate position in such an office, is guilty of a misdemeanor. If the person so offending is a public officer, a conviction also forfeits his office.

Gray v. Hook, 4 N. Y., 449; Tappan v. Brown, 9 Wend., 175.

§ 54. Selling right to official powers. - A public officer who, for any reward, consideration or gratuity, paid or agreed to be paid, directly or indirectly, grants to another the right or authority to discharge any functions of his office, or permits another to make appointments or perform any of its duties, is guilty of a

misdemeanor, and a conviction for the same forfeits his office and disqualifies him forever from holding any office whatever under this state.

§ 55. Appointment avoided by conviction.-A grant, appointment, or deputation, made contrary to the provisions of either of the last two sections, is avoided and annulled by a conviction for the violation of either of those sections, in respect to such grant, appointment, or deputation; but any official act done before conviction, is unaffected by the conviction.

§ 56. Intrusion into public office.-A person who willfully intrudes himself into a public office, to which he has not been duly elected or appointed, or who, having been an executive or administrative officer, willfully exercises any of the functions of his office, after his right so to do has ceased, is guilty of a misdemeanor.

§ 57. Officer refusing to surrender to successor.— A person who, having been an executive or administrative officer, wrongfully refuses to surrender the official seal, or any books or papers, appertaining to his office, upon the demand of his lawful successor, is guilty of a misdemeanor.

Peo., etc., v. Stevens, 5 Hill, 616; In re Bartlett, 9 How. Pr., 414; Cobee v. Davis, 8 ib., 367; Peo., etc., v. Dikeman, 7 ib., 124; Welch v. Cook, ib., 173-282.

§ 58. Administrative officers.-The various provisions of this chapter which relate to executive officers apply to administrative officers, in the same manner as if administrative and executive officers were both mentioned.

TITLE VII.

Of Crimes against the Legislative Fower.

SEC. 59. Preventing the meeting or organization of either branch of the legislature.

60. Disturbing the legislature while in session.

61. Compelling adjournment.

62. Intimidating a member of the legislature.

63. Compelling either house to perform or omit any official act.

64. Altering draft of bill.

65. Altering engrossed copy.

66. Bribery of members of legislature.

67. Receiving bribes by members of legislature.

68. Witnesses refusing to attend before the legislature or legislative committees.

69. Refusing to testify.

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

§ 59. Preventing meeting or organization of legislature.-A 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 years nor more than ten years, or by a fine of not less than five hundred dollars nor more than two thousand dollars, or by both.

§ 60. Disturbing legislature while in session.-A 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 of the legislature, tending to interrupt its proceedings or impair the respect due to its authority, is guilty of a misdemeanor.

§ 61. Compelling adjournment.-A 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 by both.