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71. Every officer or person prohibited by the laws of this State from making or being interested in contracts, or from becoming a vendor or purchaser at sales, or from purchasing scrip, or other evidences of 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.

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.

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

Buying appointments to office-3 Serg. & R. 338; 36 Wis. 213; 8 Cent. L. J. 495; 5 Hill, 27; 32 Vt. 526; 2 Va. Cas. 460; 2 Camp. 229; 11 Mod. 387; 3 Burr. 1335; 4 íd. 2494. See Desty's Crim. Law, § 70 h.

74. Every public officer who, for any gratuity or reward, appoints another person to a public office, or 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.

75. Every person who willfully and knowingly intrudes 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.

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

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

TITLE VI.

Of Crimes against the Legislative Power.

§ 81. Preventing the meeting 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, etc., before the Legislature. €88. Bribes by members of the Legislature.

§ 89. Lobbying.

81. Every person who willfully, and by force or 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.

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 misdemeanor.

Legislative bodies have inherent power to punish for contempt of their rules and orders-6 Wheat. 204; 7 id. 38; 1 McAr. 453; 1 Wood. & M. 440; 9 Johns. 395; 6 id. 337; 4 Pa. L. J. 220; 14 Gray, 226; 37 N. H. 450. See 1 Kent, 236; Cush. L. & P. of Legis. Assem. 533, 608, 625, 655; Desty's Crim. Law, § 73 d. And any insult, contumely, threat, or violence, or imputation of bribery, or corruption, is an act of contempt6 Wheat. 204: 1 Wils. 299; 3 id. 188. But the power of the Legislature cannot extend beyond the session-6 Wheat. 204; 13 Md. 642.

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 the presiding officer of either house, in language different from that intended by such house, is guilty of felony.

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

Giving bribe to legislative officers-Whart. Prec. 1012.

Offer of bribe.-It is as much a crime to offer a bribe as to take one-33 N. J. L. 102; 6 Pac. C. L. J. 1021. The offense is complete when the offer is made, although in a matter not in the power of the officer-33 N. J. L. 102. The attempt is sufficient, 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. And without tender or production of the money offered-6 Pac. C. L. J. 1021; 1 Va. Cas. 138. See Desty's Crim. Law, § 71 b.

86. Every member of either of the houses composing the Legislature of this State who asks, receives, or agrees to receive any bribe, 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 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, and upon conviction thereof shall, in addition to said punishment, forfeit his office, be disfranchised,

and forever disqualified from holding any office or public trust. [In effect April 6th, 1880.]

Receiving bribe.-An offer by an officer to receive a bribe is indictable-65 Ill. 88. See Desty's Crim. Law, § 71 c.

Contracts for contingent compensation for obtaining legislation, or for use of personal, or any secret or sinister influence on legislators, or for services of log-rolling, are void, and the parties thereto are indictable for misdemeanor-16 How. 314; 37 Cal. 168; 6 Dana, 366; 27 Mich. 293; 54 Me. 250; 35 Mass. 472; 1 Aiken. 264; 5 Watts & S. 315; 7 Watts, 152; 14 N. Y. 289; 18 Pick. 470; 8 Ala. 719; 2 Va. Cas. 460.

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; 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.

88. Every member of the Legislature 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.

89. Every person who obtains, or seeks to obtain money or other thing of value from another person, upon a pretense, claim, or representation that he can or will improperly influence in any manner the action of any member of a legislative body in regard to any vote or legislative matter, is guilty of a felony. Upon the trial no person otherwise competent as a witness shall be excused from testifying as such concerning the offense charged, on the grounds that such testimony may criminate himself, or subject him to public infamy, but such testimony shall not afterward be used against him in any judicial proceeding, except for perjury in giving such testimony. [In effect April 6th, 1880.]

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