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Art. 111. To constitute this offence, there must be not only a design to dismember the state, or to subvert or change its constitution, but an attempt must be made to do it by FORCE.

Art. 112. The attempt consists in enlisting men, preparing arms, or making an assemblage of men, armed or otherwise arrayed, in such a manner as to show the design to effect their object by force. This is sufficient evidence of the attempt, whether any actual violence be committed or not.

Art. 113. If any one shall, by writing, printing, or verbally, counsel or EXCITE the people of this state, or of any part thereof, to commit either of the offences described in the preceding part of this chapter, or to resist by force the legal execution of any constitutional law of the state, he shall be fined not less than five hundred dollars, nor more than two thousand dollars; shall be imprisoned in close custody not less than three nor more than twelve months, and be suspended from his political rights for four years.

Art. 114. It is not necessary, to constitute this offence, that the crime advised should be committed.

CHAPTER III.

Of exciting insurrection.

Art. 115. Any free person who shall aid in any insurrection of slaves against the free inhabitants of this state, who shall join in any secret assembly of slaves, in which such insurrection shall be planned, with design to promote it, or shall excite or persuade any slaves to attempt such insurrection, shall be imprisoned at hard labour for life.

Art. 116. By "insurrection," is meant an assembling with ARMS, with intent to regain their liberty by force.

Art. 117. The term "excite" in the description of this offence, means to offer any persuasion or inducement, which has insurrection for its immediate object. It excludes the construction that would make those guilty who only use language calculated to render the slaves discontented with their state. This, if done with design to promote such discontent, is an offence punishable by fine, not less than fifty, nor more than two hundred dollars; or imprisonment, not less than thirty days, nor more than six months, in close custody.

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Art. 118. If any one shall designedly, and by FORCE, prevent the general assembly of this state, or either of the houses composing it, from meeting, or shall, with intent to prevent such meeting, by the use of

personal violence or threats thereof, prevent any of the members of the general assembly from attending the house to which they may belong, or shall by force or threats thereof force either of the said branches of the general assembly to adjourn or disperse, or to pass any resolution or law, or do any other act; or to reject any resolution or law which they constitutionally might pass; he shall be fined not less than five hundred dollars, nor more than two thousand dollars; be confined not less than five, nor more than ten years at hard labour, and shall forfeit his political rights.

Art. 119. Whoever shall use any threats of violence to any member of the general assembly, with intent to influence his official conduct, or shall make any assault on him in consequence of any thing he may have said or done, as a member of the assembly, or of his conduct as a member thereof, shall be fined not less than one hundred dollars, nor more than five hundred dollars; and be imprisoned in close custody, not less than one, nor more than six months.

Art. 120. Whoever shall BRIBE or offer to BRIBE any member of the general assembly, shall be fined in a sum equal to four times the value of the bribe, and if the amount thereof cannot be ascertained, or cannot be appreciated in money, then in a sum not less than one thousand, nor more than two thousand dollars; shall suffer imprisonment at hard labour, not less than six months, nor more than one year, and be suspended from all political rights for five years.

Art. 121. If any member of the general assembly shall receive or agree to receive a BRIBE, he shall be fined in a sum equal to five times the value of the bribe, and if the value thereof cannot be ascertained, or cannot be appreciated in money, then in a sum not less than two thousand, nor more than five thousand dollars; shall forfeit his political rights, and be imprisoned in solitude and at hard labour, not less than one, nor more than two years.

TITLE IV.

OF OFFENCES AGAINST THE EXECUTIVE POWER.

CHAPTER I.

Art. 122. If any person elected or appointed to any EXECUTIVE OFFICE, shall do any official act, before he shall have given security, if any is required by law, or before he shall have taken the oaths of the office, when they are required by law, he shall pay a fine equal to one half year's emolument of his office.

Art. 123. Any person who shall BRIBE, or offer to BRIBE AN EXECUTIVE OFFICER, shall be suspended from the enjoyment of his political rights, for not less than four, nor more than six years, be fined not less than three times the value of the bribe offered, and be imprisoned in close custody, not less than two, nor more than six months.

Art. 124. If any one by VIOLENCE OFFERED TO THE PERSON of any executive officer, or by threats of violence, shall induce, or force him. to do any official act, in an illegal manner, or to do under colour of his office any other act, which he is not authorized to do, or to omit the performance of any official act, which he is bound to perform, the of fender shall be imprisoned in close custody, not less than three, nor more than twelve months, and shall be fined in a sum not less than fifty, nor more than two hundred dollars: in addition to the punishment provided by law for the act or omission, to which he compelled the officer, if it be an offence, and in addition also to the punishment. directed by law for the violence itself, considered as unconnected with the motive for offering it.

Art. 125. If any one shall by force resist any executive officer in the performance of his office, or attempt by force to commit either of the acts made punishable by the last preceding article, without succeeding in such resistance or attempt, he shall suffer one half the punishment directed by the said article.

CHAPTER II.

Of offences committed by executive officers.

Art. 126. Any EXECUTIVE OFFICER who shall receive a BRIBE, shall forfeit his political rights, and be imprisoned, not less than one, nor more than two years; one-fourth of the time in close custody; and shall be fined not less than four times the value of the bribe received.

Art. 127. If any executive officer shall corruptly agree to make any appointment, or do any other official act in consideration of some ADVANTAGE (which is not incident to the act) given or promised to him. for such act, but which ADVANTAGE does not come within the definition of an EMOLUMENT, he shall forfeit the amount of the emoluments of his office for not less than six months, nor more than two years.

Art. 128. If any executive officer shall EXTORT money, or OTHER REWARD, for the performance of acts he was obliged by law to perform, and for which no remuneration is given by law, or shall extort more than is allowed by law for the performance of any service, or shall EXTORT money or other REWARD from any one, under the pretence that he has performed services for which a remuneration is given by law, when in fact no such services have been rendered, he shall be imprisoned in close confinement, not less than two months, nor more than one year, and shall moreover forfeit the office he holds, and be fined in a sum equal to one year's salary or emoluments of the said office.

Art. 129. If any executive officer shall RECEIVE, or agree to RECEIVE, any EMOLUMENT whatever, though voluntarily given, for doing any act required to be done by virtue of his office, or for refraining from doing any thing, which he is not authorized to do, if the law does not expressly authorize the receipt of such emolument; or shall receive any emolument greater in value than the sum determined by law for any services rendered by virtue of his office, although such emolument be

voluntarily given, he shall forfeit the amount of one half year's salary or emoluments of his office.

Art. 130. If any executive officer shall, under pretence of performing the duties of his office, do any act which amounts to an offence, he shall suffer an additional punishment of one half, to that which is by law provided for the offence when committed by another.

Art. 131. If any executive officer shall undesignedly do any act, under colour of his office, which he is not authorized by his office to perform, or shall negligently omit to do any act which he ought by virtue of his office to perform, by which act or omission any individual or society receives such injury as would entitle them to a civil action, such officer shall be fined, in a sum not less than two months, and not more than six months, of the emoluments of his office. This article does not extend to any other such act or omission, as by any other part of this code is created an offence.

Art. 132. If any of the acts or omissions described in the last preceding section shall be intentionally done, or made the party guilty thereof, shall, in addition to the fine, be suspended from his political rights, for not less than two, nor more than four years.

Art. 133. All the articles of this title, which impose penalties upon executive officers for offences, extend to the deputies and clerks of such officers who shall commit the same offences.

Art. 134. Every person entrusted by the officer with the performance of his official duties, is considered as a deputy for the purpose of this section, whether the officer had a right to appoint a deputy or not.

Art. 135. Every person who publicly exercises the duties of any office, is subject to the penalties imposed by this section; although there be such defect or informality on his appointment or election, or any such omission to comply with the formalities required by law, as would render his official acts invalid.

Art. 136. The principal officer is considered as himself guilty of all such offences committed by his deputy, in relation to his office, as are committed with his knowledge or consent; and he shall be presumed to have known and consented to such offence, if it can be shown that the deputy had, before the act complained of, committed a similar official offence, while in his service, to the knowledge of the officer; and that after such knowledge, he continued to employ him in the performance of his official duties.

Art. 137. The provisions of this and of the last preceding chapter, relating to bribery; extend to those who exercise any CORPORATE or PRIVATE office, and to those who may bribe or attempt to bribe them.

TITLE V.

OF OFFENCES AFFECTING THE JUDICIARY POWER.

CHAPTER I.

Of offences committed by and against judges or jurors in their official capacity.

SECTION I.

Of offences committed by judges or jurors.

Art. 138. If any judge or juror shall take a bribe, he shall be fined five times the value of the bribe received, shall suffer imprisonment, in close confinement, not less than six, nor more than twelve months; and shall forfeit his political rights.

Art. 139. If any judge shall maliciously, but without being bribed, do any official act, or render any judgment, which he is not by law authorized to do or render, or shall maliciously omit to do any act which he ought, by virtue of his office, to perform, he shall forfeit his political rights, and be fined to the amount of his income of office for one year. Art. 140. If any judge shall corruptly agree to give any judgment, or to do any other official act, in consideration of some advantage (which is not incident to the official act) given or promised to him for rendering such judgment or doing such act, which advantage shall not come within the definition of an emolument, he shall forfeit his office and be fined in the amount of the income thereof for one year.

Art. 141. If any judge shall receive from any person whatever, unless he be a relation in the ascending or descending line, or a collateral relation within the second degree, any gift or donation whatever, of any assignable value, unless it be made by last will and testament or codicil, he shall be fined in a sum equal to six months' income of his office.

Art. 142. If any judge, whose duty it shall or may be to assist at the drawing of jurors to form the panel for the grand jury, or the petit jury in any court in this state, shall designedly put, or consent to the putting of any name on the said panel not drawn according to law, or shall omit to put on such panel any name which shall be legally drawn, or shall sign or certify any panel of names not drawn according to law, such judge, or any other person who shall designedly aid therein, shall be fined not less than two hundred dollars, nor more than one thousand dollars, and shall be imprisoned not less than one, nor more than six months; and if the offence shall be committed at the solicitation of any person accused of an offence, or of the prosecutor, or any

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