TITLE VII. Of Crimes against Public Justice. I. BRIBERY AND CORRUPTION. CHAP. III. ESCAPES AND AIDING THEREIN. IV. FORGING, STEALING, MUTILATING, AND FALSI- CHAPTER I. BRIBERY AND CORRUPTION. § 92. Giving bribes to judges, jurors, referees, etc. § 95. Improper attempts to influence jurors, referees, etc. § 96. Misconduct of jurors, referees, etc. § 97. Justice or constable purchasing judgment. § 98. Officers convicted of, disfranchised. § 99. Superintendent of printing, interest in contracts, etc. terials. 92. Every person who gives or offers to give a bribe to any judicial officer, juror, referee, arbitrator, or umpire, or to any person who may be authorized by law to hear or determine any question or controversy, with intent to influence his vote, opinion, or decision upon any matter or question which is or may be brought before him for decision, is punishable by imprisonment in the State prison not less than one nor more than ten years. Bribery, what constitutes.-It is the giving or receiving of any valuable thing, in order that the receiver may be corruptly influenced thereby, in the discharge of some public duty-10 Iowa, 212. See Desty's Crim. Law, § 71 a. It must be in some suit, matter, or cause, pending or brought before him-2 Cal. 564; 14 Ala. 603. Judicial officers.-The statute confines the offense to acting more favorably to one side than the other--2 Cal. 564. 38. Justices of the peace, or any judicial officer-14 Ala. 603; 20 Vt. 9. Prosecuting attorneys-33 Ind. 189; 1 Va. Cas. 138; 14 Ala. 503; Conf. Members of municipal board-33 N. J. L. 102. Offering bribe.-The offer of a bribe is a crime-33 N. J. L. 102; even though the offense be not consummated-65 Ill. 58; 36 Tex. 294. See 14 Ala. 603; 4 Burr. 2494; 2 Camp. 229; 2 Ld. Raym. 1377; nor, although in a matter not in the power of the officer to consummate-33 N. J. L. 102; and no subsequent act of the officer will exculpate--7 Tex. Ct. App. 181. When a party knew that the one to whom he offered the bribe was under age, the offense is committed-2 Sawy. 481. A tender or production of the money is not necessary-6 Pac. C. L. J. 1021; 1 Va. Cas. 138. See Desty's Crim. Law, § 71 b. 93. Every judicial officer, juror, referee, arbitrator, or umpire, and every person authorized by law to hear or determine any question or controversy, who asks, receives, or agrees to receive, any bribe, upon any agreement or understanding that his vote, opinion, or decision upon any matter or question which is or may be brought before him for decision, shall be influenced thereby, is punishable by imprisonment in the State prison not less than one nor more than ten years. Accepting bribe.-It is bribery to seek an undue reward to influence behavior in office-4 Bl. Com. 139; and an offer to receive a bribe is indictable-65 Ill. 88. To make a case of bribery actual value-54 Ind. 561; S. C. 2 Am. Cr. R. 23. 94. Every judicial officer who asks or receives any emolument, gratuity, or reward, or any promise thereof, except such as may be authorized by law, for doing any official act, is guilty of a misdemeanor. Extortion.-No fees can be exacted but those provided by law, sanctioned by the court, or permitted by ancient usage; and where no remuneration is provided, the officer must perform the duties without it-3 Sawy. 473; 1 Serg. & R. 504; 1 Up. Can. Q. B. 292; 16 id. 183. See Desty's Crim. Law, § 84 a, b. It is an indictable offense. See id. 85 a. 95. Every person who corruptly attempts to influence a juror, or any person summoned or drawn as a juror, or chosen as an arbitrator, or umpire, or appointed a referee, in respect to his verdict in, or decision of any cause or proceeding, pending or about to be brought before him, either 1. By means of any communication, oral or written, had with him except in the regular course of proceedings; 2. By means of any book, paper, or instrument exhibited, otherwise than in the regular course of proceedings; 3. By means of any threat, intimidation, persuasion, or entreaty; or, 4. By means of any promise, or assurance of any pecuniary or other advantage; -is punishable by fine not exceeding five thousand dollars, or by imprisonment in the State prison not exceeding five years. [Approved March 30th, in effect July 1st, Embracery is an attempt to corruptly influence a jury or juror-2 Bish. C. L. 6th ed. § 384; 2 Whart. C. L. 8th ed. § 1858. It is not a crimo at common law-2 Nev. 268. A witness has no right to deliver a paper to a jury, without directions of the court-5 Cowen, 503. 96. Every juror, or person drawn or summoned as a juror, or chosen arbitrator or umpire, or appointed referee, who either 1. Makes any promise or agreement to give a verdict or decision for or against any party; or, 2. Willfully and corruptly permits any communication to be made to him, or receives any book, paper, instrument or information relating to any cause or matter pending before him, except according to the regular course of proceedings; -is punishable by fine not exceeding five thousand dollars, or by imprisonment in the State prison not exceeding five years. [Approved March 30th, in effect July 1st, 1874.] 97. Every justice of the peace or constable of the same township who purchases or is interested in the purchase of any judgment or part thereof on the docket of, or on any docket in possession of, such justice, is guilty of a misdemeanor. 98. Every officer convicted of any crime defined in this chapter, in addition to the punishment prescribed, forfeits his office, and is forever disqualified from holding any office in this State. 99. The superintendent of state printing shall not, during his continuance in office, have any interest, directly or indirectly, in any printing of any kind, or in any binding, engraving, or lithographing, or in a contract for furnishing paper or other printing-stock or material connected with the State printing; and any violation of these provisions shall subject him, on conviction before a court of competent jurisdiction, to imprisonment in the State prison for a term of not less than two years nor more than five years, and a fine of not less than one thousand dollars nor more than three thousand dollars, or by both such fine and imprisonment. [In effect April 1st, 1878.] 100. If the said superintendent of state printing shall corruptly collude with any person or persons furnishing paper or materials, or bidding therefor, or with any other person or persons, or have any secret understanding with him or them, by himself or through others, to defraud the State, or by which the State shall be defrauded or made to sustain a loss, contrary to the true intent and meaning of this act, he shall, upon conviction thereof, in any court of competent jurisdiction, forfeit his office, and be subject to imprisonment in the State prison for a term of not less than two years, and to a fine of not less than one thousand dollars nor more than three thousand dollars, or both such fine and imprisonment. [In effect April 3rd, 1876.1 |