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Officer refusing to receive or

arrest

parties

charged

with

crime.

Public Administrator, neglect of duty or

duty by.

Receiving

fee or compensation for

services

SECTION 169. Grand juror disclosing what transpired before the grand

jury.

170. Maliciously procuring search warrant.

171. Unauthorized communication with convict in the State

Prison.

172. Keeping liquor within two miles of State Prison.

173. Importing foreign convicts.

174. Bringing Chinese into the State.

175. Separate and distinct prosecutions.

176. Omission of duty by public officer.

177. Commission of prohibited acts, when no penalty is

prescribed.

142. (§ 100.) Every Sheriff, Coroner, keeper of a jail, Constable, or other peace officer, who willfully refuses to receive or arrest any person charged with a criminal offense, is punishable by fine not exceeding five thousand dollars, and imprisonment in the County Jail not exceeding five years.

143. Every person holding the office of Public Administrator, who willfully refuses or neglects to perform the duties thereof, or who violates any provision of law relating to his duties or the duties of his office, for which some other punishment is not prescribed, is punishable by fine not exceeding five thousand dollars, or imprisonment in the County Jail not exceeding two years, or both.

NOTE.-Stats. 1851, p. 488, Sec. 303.

144. Every person who violates any of the provi

rendered in sions of Section 1558 is guilty of a misdemeanor.

arresting

from

fugitives

justico.

Delaying to take

person arrested before a

NOTE. The section referred to relates to fees or compensation allowed persons for pursuing and securing the extradition of fugitives from justice.

145. Every public officer or other person, having arrested any person upon a criminal charge, who willmagistrate. fully delays to take such person before a magistrate having jurisdiction, to take his examination, is guilty

of a misdemeanor.

NOTE. 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 provisions
elsewhere reported (Sec. 176), making it a misdemeanor
for an officer willfully to omit an official duty. But
there would still remain cases in which a private per-
son is authorized to make an arrest.

arrests,

without

lawful

146. Every public officer, or person pretending to Making be a public officer, who, under the pretense or color etc.. of any process or other legal authority, arrests any authority. person or detains him against his will, or seizes or levies upon any property, or dispossesses any one of any lands or tenements, without a regular process or other lawful authority therefor, is guilty of a misde

meanor.

ity to

147. (§ 88.) Every officer who is guilty of willful Inhumaninhumanity or oppression toward any prisoner under prisoners. his care or in his custody, is punishable by fine not exceeding two thousand dollars, and by removal from office.

NOTE.-See note to Sec. 149.

public

in the

discharge

of their duties.

148. (§ 92.) Every person who willfully resists, Resisting delays, or obstructs any public officer, in the discharge officers or attempt to discharge any duty of his office, when no other punishment is prescribed, is punishable by fine not exceeding five thousand dollars, and imprisonment in the County Jail not exceeding five years.

NOTE.-Stats. 1860, p. 125, Sec. 1; Crumpton vs. Newman, 12 Ala., p. 199; State vs. Lovett, 3 Vt., p. 110; State vs. Hailey, 2 Strob., p. 73; State vs. Henderson, 15 Mo., p. 486; State vs. Noyes, 25 Vt., p. 415; 2 Bishop's Cr. Law, Secs. 857-859.

etc., by

under

color of

149. (§ 92.) Every public officer who, under color Assaults, of authority, without lawful necessity, assaults or beats officers, any person, is punishable by fine not exceeding five thousand dollars, and imprisonment in the County Jail not exceeding five years.

authority.

Refusing to aid officers in

NOTE.-Stats. 1860, p. 125, Sec. 1; Harrison vs. Hodgson, 10 B. & C., p. 445; 2 Wharton Cr. Law, Sec. 1260; People vs. Gulick, Hill & Denio, p. 229.

150. (§ 128.) Every male person above eighteen

arrost, etc. years of age who neglects or refuses to join the posse

Taking extra

judicial oaths.

1574

Administering extrajudicial oaths.

1874

comitatus or power of the county, by neglecting or refusing to aid and assist in taking or arresting any person against whom there may be issued any process, or by neglecting to aid and assist in retaking any person who, after being arrested or confined, may have escaped from such arrest or imprisonment, or by neglecting or refusing to aid and assist in preventing any breach of the peace, or the commission of any criminal offense, being thereto lawfully required by any Sheriff, Deputy Sheriff, Coroner, Constable, Judge, or Justice of the Peace, or other officer concerned in the administration of justice, is punishable by fine of not less than fifty nor more than one thousand dollars.

151 Every person who takes an oath before an officer or person authorized by law to administer baths, except when such oath is required or authorized by law, or is required by the provisions of some contract as the basis of or in proof of a claim, or when the same has been agreed to be received by some person as proof of any fact in the performance of any contract, obligation, or duty, instead of other evidence, is guilty of a misdemeanor.

152. Every officer who administers an oath to another person, or who makes and delivers any certificate that another person has taken an oath, except when such oath is required or authorized by law, or is required by the provisions of some contract as a basis of or in proof of a claim, or when the same has been agreed to be received by some person as a proof of any fact in the performance of any contract, obliga

tion, or duty, instead of other evidence, is guilty of a misdemeanor.

NOTE. It is known that, in many cases, persons employ the sanctity of a judicial oath to gain credence for their statements, yet escape punishment for falsity in those statements because the penalties of perjury do not extend to mere voluntary oaths. Sworn statements are frequently published to advance the sales of a particular article, or to support one side in a public controversy. It is the intention of the two sections above to restrict the practice of taking or administering these voluntary oaths. The provisions allow affidavits to be made in proof of loss under policies of insurance; in proof of facts necessary to show title between vendor and purchaser of real property; and in all the other cases where there is an agreement to receive them instead of pursuing the ordinary methods of legal investigation. And by antecedent provisions of this Code, the penalties of perjury are extended to willful false swearing in these cases, as well as in cases where the oath is required by law. See Sec. 118 and note.

ing crimes.

153. (§ 101.) Every person who, having knowl- Compoundedge of the actual commission of a crime, takes money or property of another, or any gratuity or reward, or any engagement, or promise thereof, upon any agreement or understanding to compound or conceal such crime, or to abstain from any prosecution thereof, or to withhold any evidence thereof, except in the cases provided for by law, in which crimes may be compromised by leave of Court, is punishable as follows:

1. By imprisonment in the State Prison not exceeding five years, or in a County Jail not exceeding one year, where the crime was punishable by death or imprisonment in the State Prison for life;

2. By imprisonment in the State Prison not exceeding three years, or in the County Jail not exceeding six months, where the crime was punishable by imprisonment in the State Prison for any other term than for life;

3. By imprisonment in the County Jail not exceed

Debtor fraudulently con

ing six months, or by fine not exceeding five hundred dollars, where the crime was a misdemeanor.

NOTE. This section was compiled from Sec. 101 of the Crimes and Punishment Act, and Sec. 257 of the Criminal Practice Act (Stats. 1850, p. 229; 1851, p. 212), with the punishment graduated in proportion to the enormity of the offense compounded.-Jones vs. Rice, 13 Pick., p. 440; 4 Bl. Com., pp. 124-136.

154. (§ 134.) Every debtor who fraudulently removes his property or effects out of this State, or property.. fraudulently sells, conveys, assigns, or conceals his

cealing his

Defendant fraudu

cealing his property.

property, with intent to defraud, hinder, or delay his creditors of their rights, claims, or demands, is punishable by imprisonment in the County Jail not exceeding one year, or by fine not exceeding five thou sand dollars, or by both.

155. (§ 135.) Every person against whom an aclently con- tion is pending, or against whom a judgment has been rendered for the recovery of any personal property, who fraudulently conceals, sells, or disposes of such property, with intent to hinder, delay, or defraud the person bringing such action or recovering such judgment, or with such intent removes such property beyond the limits of the county in which it may be at the time of the commencement of such action or the rendering of such judgment, is punishable as provided in the preceding section.

Fraudulent

156. Every person who fraudulently produces an relative to infant, falsely pretending it to have been born of any

pretenses

birth of infant.

parent whose child would be entitled to inherit any real estate or to receive a share of any personal estate, with intent to intercept the inheritance of any such real estate, or the distribution of any such personal estate from any person lawfully entitled thereto, is punishable by imprisonment in the State Prison not exceeding ten years.

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