Extortion.

Violation
of laws

certain
officers

ing in scrip,
etc, and
from being

thousand dollars, and imprisonment in the County Jail not exceeding five years.

NOTE.-Stats. 1860, p. 125, Sec. 1; State vs. Lovett,

3 Vt., p. 110; State vs. Haley, 2 Strob., p. 73; State vs. Henderson, 15 Mo., p. 486; State vs. Noyes, 25 Vt., p. 415; Crumpton vs. Newman, 12 Ala., p. 199.

70. Every executive officer who asks or receives any emolument, gratuity, or reward, or any promise thereof, excepting such as may be authorized by law, for doing any official act, is guilty of a misdemeanor.

NOTE.--Stats. 1850, p. 242, Sec. 107; 4 Bl. Com., p. 141; 1 Russ. Crimes, p. 142; 1 Hawk. P. C., Sec. 1; Reg. vs. Tracy, 6 Mod., p. 30; Runnels vs. Fletcher, 15 Mass., p. 525; Respublica vs. Hannum, 1 Yeates, p. 71; State vs. Stotts, 5 Blackf., p. 460; People vs. Whaley, 6 Cow., p. 661; Reg. vs. Best, 2 Moody, p. 124; Com. vs. Bagley, 7 Pick., p. 279; Shattuck vs. Woods, 1 Pick., p. 171; see, also, 2 Bishop's Cr. Law, Secs. 328, 329, 330, 331. The offense implies the existence of a corrupt mind, and it is not committed when the fee come voluntarily in return for real benefits conferred by extra exertions put forth.-2 Bishop's Cr. Law, Secs. 326, 332, 333, 334, 335, 336, and 337,

71. Every officer or person prohibited by the laws prohibiting of this State from making or being interested in confrom deal tracts, or from becoming a vendor or purchaser at sales, or from purchasing scrip, or other evidences of interested indebtedness, who violates any of the provisions of such laws, is punishable by a fine of not more than one thousand dollars, or by imprisonment in the State Prison not more than five years, and is forever disqualified from holding any office in this State.

in contracts

72. Every person who, with intent to defraud, presents for allowance or for payment to any State Board or officer, or to any county, town, city, ward, or village Board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of felony.

pointments

73. Every person who gives or offers any gratuity Buying apor reward, in consideration that he or any other person to office. shall be appointed to any public office, or shall be permitted to exercise or discharge the duties thereof, is guilty of a misdemeanor.

NOTE.-Stats. 1850, p. 239, Sec. 85; 2 Bishop's Cr. Law, Secs. 190, 191; Rex vs. Vaughan, 4 Bur., p. 2494; Rex vs. Pollman, 2 Camp, p. 229; 1 Russ. on Crimes, p. 147; Commonwealth vs. Callaghan, 2 Va. Cases, p. 460.

rewards

deputation.

74. Every public officer who, for any gratuity or Taking reward, appoints another person to a public office, or for permits another person to exercise or discharge any of the duties of his office, is punishable by a fine not exceeding five thousand dollars, and, in addition thereto, forfeits his office and is forever disqualified from holding any office in this State.

73.

NOTE.-Stats. 1850, p. 239, Sec. 85; see note to Sec.

functions of

office

wrongfully.

75. Every person who willfully and knowingly in- Exercising, trudes himself into any public office to which he has not been elected or appointed, and every person who, having been an executive officer, willfully exercises any of the functions of his office after his term has expired, and a successor has been elected or appointed and has qualified, is guilty of a misdemeanor.

NOTE.-Stats. 1850, p. 242, Sec. 105.

76. Every officer whose office is abolished by law, or who, after the expiration of the time for which he may be appointed or elected, or after he has resigned or been legally removed from office, willfully and unlawfully withholds or detains from his successor, or other person entitled thereto, the records, papers, documents, or other writing appertaining or belonging to his office, or mutilates, destroys, or takes away the

Preceding sections to apply to adminis

trative and ministerial officers.

same, is punishable by imprisonment in the State Prison not less than one nor more than ten years.

NOTE.-Stats. 1850, p. 240, Sec. 89.

77. The various provisions of this Chapter apply to administrative and ministerial officers, in the same manner as if they were mentioned therein.

Preventing the meeting

TITLE VI.

OF CRIMES AGAINST THE LEGISLATIVE POWER.

SECTION 81. Preventing the meeting or organization of either branch

81.

of the Legislature.

82. Disturbing the Legislature while in session.

83. Altering draft of bill or resolution.

84. Altering enrolled copy of bill or resolution.

85. Giving or offering bribes to members of the Legislature.

86. Receiving bribes by members of the Legislature.

87. Witnesses refusing to attend, testify, or produce papers before the Legislature or committees thereof.

88. Members of the Legislature, in addition to other penalties, to forfeit office and be disqualified, etc.

Every person who willfully, and by force or or organiza 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 guilty of felony.

tion of either branch of the

Legislature

Disturbing

the Legislature while in session.

Altering draft of bill or resolution.

82. Every 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, tending to interrupt its proceedings or impair the respect due to its' authority, is guilty of a misde

meanor.

83. Every 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 th presiding officer of either House, in language different from that intended by such House, is guilty of felony.

enrolled

or

84. Every person who fraudulently alters the Altering enrolled copy of any bill or resolution which has been copy of bill passed or adopted by the Legislature of this State, resolution. 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 or adopted by the Legislature, is guilty of felony.

85. (§§ 84, 85, 86.) Every person who gives or offers to give a bribe to any member of the Legislature, or to another person for him, or attempts by menace, deceit, suppression of truth, or any corrupt means, to influence a member in giving or withholding his vote, or in not attending the House or any committee of which he is a member, is punishable by imprisonment in the State Prison not less than one nor more than ten years.

NOTE.-Stats. 1863, p. 645, Secs. 1, 2; Wharton's Am. Cr. Law, Sec. 2815; Wharton's Prec., p. 1012, note; 2 Bishop's Cr. Law, Secs. 76, 77, 78, 79; 3 Greenleaf on Evidence, Secs. 71-73.

Giving or bribes to the Legis

offering

members of

lature.

bribes by

of the

86. (§§ 84, 85, 86.) Every member of either of Receiving the Houses composing the Legislature of this State members who asks, receives, or agrees to receive any bribe, Legislature 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 gives, or offers, or promises to give, any official vote in consideration that another member of the Legislature

Witnesses refusing to attend, testify, or produce papers before the Legislature

or

thereof.

shall give any such vote either upon the same or another question, is punishable by imprisonment in the State Prison not less than one nor more than fourteen years.

NOTE.-Stats. 1863, p. 645, Secs. 1, 2. Extended, however, to embrace what is known as "log rolling," or agreements to exchange votes for or against measures pending before the Legislature; and, also, so as to embrace deceits and concealments practiced upon members of the Legislature to obtain their votes. In Marshall vs. Baltimore & Ohio R. R. Co., 16 How. (U. S.) R., p. 314, the Court (commenting upon the cases of Fuller vs. Dame, 18 Pick., p. 470; Hatzfield vs. Gulden, 7 Watts, p. 152; Clippinger vs. Hepbaugh, 5 Watts & S., p. 315; Wood vs. McCan, 6 Dana, p. 366; Hunt vs. Test, 8 Ala., p. 719; The Commonwealth vs. Callaghan, 2 Va. Cas., p. 460), say: "The sum of these cases is: 1. All contracts for a contingent compensation for obtaining legislation, or to use personal or any secret or sinister influence on legislators, are void by the policy of the law. 2. Secrecy as to the character under which the agent or solicitor acts tends to deception, and is immoral and fraudulent; and where the agent contracts to use secret influences, or voluntarily, without contract with his principal, uses such means, he cannot have the assistance of a Court to recover compensation. 3. That what, in the technical vocabulary of politicians, is termed "log rolling" is a misdemeanor at common law, punishable by indictment.

87. Every person who, being summoned to attend. as witness before either House of the Legislature or any committee thereof, refuses or neglects, without lawful excuse, to attend pursuant to such summons; committees and every person who, being present before either House of the Legislature or any committee thereof, willfully refuses to be sworn 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.

NOTE.-Stats. 1857, p. 97, Sec. 1.