ting one

157. Every person to whom an infant has been Substituconfided for nursing, education, or any other purpose, child for who, with intent to deceive any parent or guardian of such child, substitutes or produces to such parent or guardian another child in the place of the one so confided, is punishable by imprisonment in the State Prison not exceeding seven years.

barratry

158. Common barratry is the practice of exciting Common groundless judicial proceedings, and is punishable by deaned. imprisonment in the County Jail not exceeding six How months and by fine not exceeding five hundred dollars.

NOTE.-Common barratry is defined by Blackstone to be the offense of frequently exciting and stirring up suits and quarrels between His Majesty's subjects, either at law or otherwise.-4 Black. Com., p. 134; see, also, 1 Hawk. P. C., p. 243.

pun ished

is required.

159. No person can be convicted of common bar- What proof ratry except upon proof that he has excited suits or proceedings at law in at least three instances, and with a corrupt or malicious intent to vex and annoy.

by

160. Every attorney who, whether as attorney or Misconduct as counselor, either:

1. Is guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the

Court or any party; or,

2. Willfully delays his client's suit with a view to his own gain; or,

3. Willfully receives any money or allowance for or on account of any money which he has not laid out or become answerable for;

-Is guilty of a misdemeanor.

attorneys.

demands

or suit

by an

161. Every attorney who, either directly or indi- Buying, rectly, buys or is interested in buying any evidence of debt or thing in action, with intent to bring suit attorney. thereon, is guilty of a misdemeanor.

Attorneys

forbidden

to defend

prosecutions carried on by their partners or formerly by

themselves

of

section.

NOTE. The purchasing of a suit or right of suing, was "a practice so much abhored by our law," says Justice Blackstone (4 Com., pp. 135, 136), "that it is one main reason why a chose in action is not assignable at common law, because no man should purchase any pretense to sue in another's right." The same learned writer (4 Com., p. 136) styles persons engaged in such practices "pests of civil society." No attorney of standing in the profession will engage in the infamous business prohibited by Section 161, and society ought to be protected against any attorney who will so far degrade his profession as to engage in such transac

tions.

162. Every attorney who directly or indirectly advises in relation to, or aids, or promotes the defense of any action or proceeding in any Court, the prosecution of which is carried on, aided, or promoted by any person as District Attorney or other public prosecutor, with whom such person is directly or indirectly connected as a partner; or who, having himself prosecuted or in any manner aided or promoted any action or proceeding in any Court as District Attorney or other public prosecutor, afterwards, directly or indirectly, advises in relation to or takes any part in the defense thereof, as attorney or otherwise, or who takes or receives any valuable consideration from or on behalf of any defendant in any such action, upon any understanding or agreement whatever having relation to the defense thereof, is guilty of a misdemeanor, and in addition to the punishment prescribed therefor, forfeits his license to practice law.

Limitation 163. The preceding section does not prohibit an preceding attorney from defending himself in person, as attorney or counsel, when prosecuted, either civilly or criminally.

Grand juror acting after challenge has been allowed.

164. Every Grand Juror who, with knowledge that a challenge interposed against him by a defendant has been allowed, is present at or takes part or attempts to take part in the consideration of the charge against

the defendant who interposed the challenge, or the deliberations of the Grand Jury thereon, is guilty of a misdemeanor.

members of

Common
Supervi-

Councils,
Boards of

sors, or

165. (§§ 84, 85.) Every person who gives or offers Bribing a bribe to any member of any Common Council, Board of Supervisors, or Board of Trustees of any county, city, or corporation, with intent to corruptly influence Trustees. such member in his action on any matter or subject pending before the body of which he is a member, and every member of either of the bodies mentioned in this section who receives or offers to receive any such bribe, is punishable by imprisonment in the State Prison for a term not less than one nor more than fourteen years, and is disqualified from holding any office in this State.

NOTE.-Stats. 1863, p. 645, Secs. 1, 2.

contempts.

166. Every person guilty of any contempt of Court, Criminal of either of the following kinds, is guilty of a misde

meanor:

1. Disorderly, contemptuous, or insolent behavior committed during the sitting of any Court of justice, in immediate view and presence of the Court, and directly tending to interrupt its proceedings or to impair the respect due to its authority;

2. Behavior of the like character committed in the presence of any referee, while actually engaged in any trial or hearing, pursuant to the order of any Court, or in the presence of any jury while actually sitting for the trial of a cause, or upon any inquest or other proceedings authorized by law;

3. Any breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of any Court:

4. Willful disobedience of any process or order lawfully issued by any Court;

Same.

False

certificates by public officers.

Disclosing

fact of

or present

ment having

5. Resistance willfully offered by any person to the lawful order or process of any Court;

6. The contumacious and unlawful refusal of any person to be sworn as a witness; or, when so sworn, the like refusal to answer any material question;

7. The publication of a false or grossly inaccurate report of the proceedings of any Court;

8. Presenting to any Court having power to pass sentence upon any prisoner under conviction, or to any member of such Court, any affidavit or testimony or representation of any kind, verbal or written, in aggravation or mitigation of the punishment to be imposed upon such prisoner, except as provided in this Code.

NOTE.-The power to proceed against persons for contempt is incident to every judicial tribunal, derived from its very constitution, without any express statutory aid.-Yates vs. Lansing, 19 Johns., p. 395; 6 Johns., p. 337; 4 Johns., p. 317; Mariner vs. Dyer, 2 Greenl., p. 165; State vs. Tipton, 1 Black., p. 166; Clark vs. People, 1 Breese; p. 266; People vs. Turner, 1 Cal., p. 15; United States vs. Hudson, 7 Cranch, p. 32; Morrison vs. McDonald, 21 Maine, p. 550; State vs. Woodfin, 5 id., p. 199; Gates v. McDaniel, 3 Port., p. 356; Gorham vs. Luckett, 6 B. Monr., p. 638; Stuart vs. People, 3 Scam., p. 395.

167. Every public officer authorized by law to make or give any certificate or other writing, who makes and delivers as true any such certificate or writing, containing statements which he knows to be false, is guilty of a misdemeanor.

168. Every Grand Juror, District Attorney, Clerk, indictment Judge, or other officer, who, except by issuing or in executing a warrant of arrest, willfully discloses the been found fact of a presentment or indictment having been made for a felony, until the defendant has been arrested, is guilty of a misdemeanor.

or made.

NOTE. This section is founded upon Secs. 223 and 224 of the Criminal Practice Act (Stats. 1851, p. 212),

extended to embrace indictments as well as present

ments, the reason of the rule applying with as much
force to one as to the other.

juror

what

before the

169. Every Grand Juror who, except when required Grand by a Court, willfully discloses any evidence adduced disclosing before the Grand Jury, or anything which he himself transpired or any other member of the Grand Jury may have grand jury. said, or in what manner he or any other Grand Juror may have voted on a matter before them, is guilty of a misdemeanor.

ciously

search

170. Every person who maliciously and without Maliprobable cause procures a search warrant or warrant procuring of arrest to be issued and executed, is guilty of a mis- warrant. demeanor.

ized com

with convict in

the State

171. Every person, not authorized by law, who, Unauthorwithout the consent of the Warden, or other officer in munication charge of the State Prison, communicates with any convict therein, or brings into or conveys out of the State Prison any letter or writing to or from any convict, is guilty of a misdemeanor.

Prison.

liquor

miles of

172. Every person who, within two miles of the Keeping land belonging to this State, upon which the State within two Prison is situated, keeps, sells, gives away, or offers Prison for sale any vinous, malt, or spirituous liquors, is guilty of a misdemeanor.

NOTE.-Stats. 1855, p. 108, Secs. 1, 2.

foreign

173. Every Captain, Master of a vessel, or other Importing person, who willfully imports, brings, or sends, or convicts. causes or procures to be brought or sent, into this State, any person who is a foreign convict of any crime which, if committed within this State, would be punishable therein (treason and misprision of treason excepted), or who is delivered or sent to him from any prison or place of confinement in any place without this State, is guilty of a misdemeanor.