view of the long-established and unquestioned practice
in this State, the rule is not to be regarded as a restriction
upon the pardon, but rather as an incompetency or dis-
qualification based upon public policy, and which it is in
the power of the legislature to impose or remove. It is
analogous in this respect to the rule prohibiting the dis-
closure by physicians, clergymen, &c., of communications
made to them in professional confidence. The provision
that no pardon of a person sentenced to imprisonment
for life shall restore him to the rights of a previous mar-
riage, &c. (2 Rev. Stat., 139, § 7), trenches even more
closely upon the executive power than the rule retaining
the disqualification to testify. Certainly, no innovation
upon the existing rule could have been intended by the
framers of the constitution of 1846. In introducing
the clause relating to conditions, the intention was to
express in the constitution the power already long estab
lished by statute, whereby the Governor might impose
a condition or grant a qualified pardon in cases where he
considered the offender undeserving of an unconditional
one. And the clause respecting regulations relative to
the manner of applying for pardons, was intended to
enable the legislature to protect the community by re-
quiring such modes of obtaining pardons to be pursued
as should ensure full information of all relevant facts
being brought before the Governor. Neither clause was
designed to curtail the well-established legislative rule
which retained the disqualification of a convict of per-
jury, notwithstanding a pardon granted.

CHAPTER VI.

FALSIFYING EVIDENCE.

SECTION 165. Offering false evidence.

166. Deceiving a witness.

167. Preparing false evidence.

168. Destroying evidence.

169. Preventing or dissuading witnesses from attending.
170. Bribing witnesses.

$ 165. Every person who, upon any trial, proceeding, inquiry or investigation whatever, authorized by law, offers in evidence, as genuine, any book, paper, document, record, or other instrument in writing, knowing the same to have been forged, or fraudulently altered, is punishable in the same manner as

offering dence.

false evi

Deceiving a witness.

Preparing false evidence.

Destroying evidence.

Preventing

or dissuading witness

the forging or false alteration of such instrument is made punishable by the provisions of this Code.

§ 166. 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, proceeding by authority of law, with intent to affect the testimony of such witness, is guilty of misdemeanor.

S 167. Every person guilty of preparing any book, paper, record, instrument in writing, or other matter or thing, with intent to produce it, or allow it to be produced, as genuine, upon any trial, proceeding or inquiry whatever, authorized by law, is guilty of felony.

The Tracy Peerage case (10 Cl. & F., 154), though involving no points of criminal law, supplies an illustration relevant to this subject. In that case a claimant to a peerage produced manuscript entries in a prayer book, alleged to be of ancient date; and, at a very late stage of the proceeding, called witnesses to testify to an inscription upon a tombstone, tending to make out the pedigree necessary to the claimant's case. The tombstone itself could not be produced; and, the circumstances of the case involving suspicion, the claim was dismissed; Lord CAMPBELL expressing his conviction that the case was founded on fraud and forgery.

$ 168. 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, proceeding, inquiry or investigation whatever, authorized by law, willfully destroys the same, with intent thereby to prevent the same from being produced, is guilty of misdemeanor.

Compare a statute of New Jersey upon this subject; Elmer's Digest, 113, § 60; Nixon's Digest, 188, 8 69.

S 169. Every person who willfully prevents or dis

from atten- suades any person who has been duly summoned or

ding.

subpenaed as a witness from attending, pursuant to the command of the summons or subpoena, is guilty of a misdemeanor.

witnesses.

$ 170. Every person who gives or offers, or pro- Bribing mises 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 witness to give false testimony, is guilty of a misdemeanor.

CHAPTER VII.

OTHER OFFENSES AGAINST PUBLIC JUSTICE.

SECTION 171. Injury to records and embezzlement committed by minis

terial officers.

172. Permitting escapes, and other unlawful acts, committed by
ministerial officers.

173. Officer refusing to receive prisoner into his custody.

174. Delaying to take person arrested for crime before a magis

trate.

175. Making arrests, &c., without lawful authority.

176. Misconduct in executing search warrant.

177. Refusing to aid officer in making an arrest.

178. Refusing to make an arrest.

179. Resisting execution of process, aiding escapes, &c., in
county which has been proclaimed in insurrection.
180. Obstructing public officer in the discharge of his duty.

181. Taking extra judicial oaths.

182. Administering extra judicial oaths.

183. Compounding crimes.

184. Compounding prosecutions.

185. Attempting to intimidate judicial or ministerial officers,
jurors, &c.

186. Suppressing evidence.

187. Buying lands in suit.

188. Buying pretended titles.

189. Mortgage of lands under adverse possession not prohibited.

190. Common barratry defined.

191. Declared a misdemeanor.

192. What proof is required.

193. Interest.

194. Buying demands or suit by an attorney.

195. Buying demands by a justice or constable, for suit before a

justice.

196. Lending money upon claims delivered for collection.

Injury to records and embezzlement committed by ministerial officers.

Permitting

escapes and other un

lawful acts

committed by ministe

SECTION 197. Forfeiture of office.

198. Receiving claims in what cases allowable.

199. Application of previous sections to persons prosecuting in

person.

200. Witness' privilege restricted.

201. Criminal contempts.

202. Renewing application to stay trial of an indictment, without leave.

203. Grand juror acting after challenge has been allowed.

204. Disclosure of depositions taken by a magistrate.

205. Disclosure of depositions returned by grand jury with pre

sentment.

206. Fraud in applying for insolvent's discharge.

207. Racing near a court.

208. Selling liquor in court houses or prisons, or near election polls. 209. Misconduct by attorneys.

210. Permitting attorney's name to be used.

211. In what cases lawful.

212. Fraudulent pretenses relative to birth of infant.

213. Substituting one child for another.

214. Importing foreign convicts.

215. Omission of duty by public officer.

216. Commission of prohibited acts.

217. Disclosing fact of indictment having been found.

218. Grand juror disclosing what transpired before the grand jury. 219. Instituting suit in false name.

220. Maliciously procuring search warrant.

221. Unauthorized communications with convict in state prison. 222. Neglect to return names of constables.

223. False certificates by public officers.

S171. Every sheriff, coroner, clerk of a court, constable or other ministerial officer, and every deputy or subordinate of any ministerial officer, who either:

1. Mutilates, destroys, conceals, erases, obliterates or falsifies any record or paper appertaining to his office; or,

2. Fraudulently appropriates to his own use or to the use of another person, or secretes with intent to appropriate to such use, any money, evidence of debt or other property entrusted to him in virtue of his office,

Is guilty of felony.

S 172. Every sheriff, coroner, clerk of a court, constable, or other ministerial officer, and every deputy

rial officers. or subordinate of any ministerial officer, who either:

1. Allows any person lawfully held by him in custody to escape or go at large, except as may be permitted by law; or,

2. Receives any gratuity or reward, or any security or promise of one, to procure, assist, connive at or permit any prisoner in his custody to escape, whether such escape is attempted or not; or,

3. Commits any unlawful act tending to hinder justice,

Is guilty of misdemeanor.

See 2 Rev. Stat., 684, § 18.

$173. Every officer who, in violation of a duty imposed upon him by law as such officer to receive into his custody any person, as a prisoner, willfully neglects or refuses so to receive such person into his custody, is guilty of a misdemeanor.

See 2 Rev. Stat., 684, § 18.

$174. Every public officer or other person having arrested any person upon any criminal charge, who willfully delays to take such person before a magistrate having jurisdiction to take his examination, is guilty of a misdemeanor.

This section is intended to enforce the well understood duty of officers or private persons who have made arrests. The arrested person is entitled to a speedy hearing upon the charge preferred against him. The subject might indeed be considered covered so far as public officers are concerned, by the general provision elsewhere reported (§ 215), making it a misdemeanor for an officer willfully to omit an official duty. But there would still remain cases in which a private person is authorized to make an arrest. The commissioners deem it the safer course to make express provision upon the subject.

rests, &c.,

lawful au

$175. Every public officer or person pretending to Making arbe a public officer, who, under the pretense or color without of any process or other legal authority, arrests any thority. person, or detains him against his will, or seizes or levies upon any property, or dispossesses any one of any lands or tenements, without due and legal process