§ 62. Intimidating a member of the legislature.—A 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. See §§ 46, 127. § 63. Compelling either house to perform or omit any official act.—A 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 by both. § 64. Altering draft of bill.-A 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. § 65. Altering engrossed copy.—A person who fraudulently alters the engrossed copy or enrollment of any bill which has 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. A § 66. Bribery of members of the legislature. person who gives or offers, or causes to be given or offered, a bribe, or any money, property, or value of any kind, or any promise or agreement therefor, to a member of the legislature, or attempts, directly or indirectly, by menace, deceit, suppression of truth, or other corrupt means, to influence a member to give or withold his vote, or to absent himself from the house of which he is a member, or from any committee thereof, is punishable by imprisonment for not more than ten years, or by a fine of not more than five thousand dollars, or both. State v. Ellis, 4 Vroom., 102. § 67. Receiving bribes by members of legislature.A 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. Marshall v. Balt. & O. R. R. Co., 16 How. (U. S.) R., 314; Fuller v. Dame, 18 Pick., 470. Hatzfield v. Gulden, 7 Watts, 152; Clippinger v Hepbaugh., 5 Watts & I., 315; Wood v. McCan., 6 Dana, 366; Hunt v. Test., 8 Ala., 719; Com. v. Callaghan, 2 Va. Cas., 460; Walsh. v. Peo., 68 Ill., 58. J § 68. Witnesses refusing to attend before the legislature or its committees.--A person who, being duly summoned to attend as a witness before either house of the legislature 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. § 69. Id.; refusing to testify.-A 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. Peo. ex rel. McDonald v. Keeler, 2 N. Y. Cr., 159. § 70. Members of the legislature to forfeit office.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. CHAPTER TITLE VIII. Of Crimes against Public Justice. I. Bribery and corruption. II. Rescues. III. Escapes and aiding therein. IV. Forging, stealing, mutilating and falsifying judi. cial and public records and documents. V. Perjury and subornation of perjury. VI. Falsifying evidence. VII. Other offenses against public justice. CHAPTER I. BRIBERY AND CORRUPTION. SEC. 71. Bribery of a judicial officer. 73. Juror, etc., promising verdict. 75. Embracery. 76. Misconduct of officers at drawing of jurors. 77. Misconduct of officer having charge of juries. 78. Bribing public officers. 79. Offender a competent witness, etc. 80. Bribery of witnesses. 81. Definition of "jurors." §71. Bribery of a judicial officer.-A person who gives or offers, or causes to be given or offered, a bribe, or any money, property, or value of any kind, or any promise or agreement therefor, to a judicial officer, juror, referee, arbitrator, appraiser, or assessor, or other person authorized by law to hear or determine any question, matter, cause, proceeding, or controversy, with intent to influence his action, vote, opinion, or decision thereupon, is punishable by imprisonment for not more than ten years, or by a fine of not more than five thousand dollars, or both. State v. Ellis, 4 Vroom., 102. § 72. Officer accepting bribe.-A judicial officer, a person who executes any of the functions of a public office not designated in Titles VI and VII of this Code, or a person employed by or acting for the state, or for any public officer in the business of the state, who asks, receives, or agrees to receive a bribe, or any money, property, or value of any kind, or any promise or agreement therefor, upon any agreement or understanding that his vote, opinion, judgment, action, decision, or other official proceeding, shall be influenced thereby, or that he will do or omit any act or proceeding, or in any way neglect or violate any official duty, is punishable by imprisonment for not more than ten years, or by fine of not more than five thousand dollars, or both. A conviction also forfeits any office held by the offender, and forever disqualifies him from holding any public office under the state. § 73. Juror, arbitrator, or referee, promising ver dict, etc.-A juror, or a person drawn or summoned to attend as a juror, or a person chosen arbitrator, or appointed referee, who either, 1. Makes any promise or agreement to give a verdict, judgment, report, award, or decision, for or against any party; or 2. Willfully receives any communication, book, paper instrument, or information, relating to a cause or matter pending before him, except according to the regular course of proceeding upon the trial or hearing of that cause or matter; Is guilty of a misdemeanor. $74. Juror, etc., accepting bribes.-A juror, referee, arbitrator, appraiser, or assessor, or other person authorized by law to hear or determine any question, matter, cause, controversy, or proceeding, who asks, receives, or agrees to receive, any money, property, or value of any kind, or any promise or agreement therefor, upon any agreement or understanding that his vote, opinion, action, judgment or decision, shall be influenced thereby, is punishable by imprisonment for not more than ten years, or by fine of not more than five thousand dollars, or both. § 75. Embracery.—A person who influences or attempts to influence improperly, a juror in a civil or criminal action or proceeding, or one drawn or summoned to attend as such a juror, or one chosen an arbitrator, or appointed a referee, in respect to his verdict, judgment, report, award or decision in any cause or matter pending, or about to be brought before him, in any case, or in any manner not included in the last two sections, is guilty of a misdemeanor. When guilty of contempt. Bergh's case, 16 Abb. Pr. (N. S.), 266; Klugman's case, 49 How. Pr., 484. Gibbs v. Dewey, 5 Cow., 503. Gibbs v. Dewey, 5 Cow., 503. § 76. Misconduct of officers at drawing of jurors.A person authorized by law to assist at the drawing or impaneling of grand or trial jurors to attend a court, or a term of a court, or to try any cause or issue, who either 1. Designedly puts, or consents to the putting, upon a list of jurors as having been drawn, any name which was not lawfully drawn for that purpose; or 2. Designedly omits to place on such a list any name which was lawfully drawn; or 3. Designedly signs or certifies a list of such jurors as having been drawn which was not lawfully drawn; or 4. Designedly withdraws from the box, or other receptacle for the ballots containing the names of such jurors, any paper or ballot lawfully placed or belonging |