CHAPTER VII.

OTHER OFFENSES AGAINST PUBLIC JUSTICE.

§ 142. Officer refusing to arrest parties charged with crime. § 143. Public administrator, neglect or violation of duty by. § 144. Receiving fee for services in arresting fugitives.

§ 145. Delaying to take person arrested before a magistrate. § 146. Making arrests, etc., without lawful authority.

§ 147. Inhumanity to prisoners.

§ 148. Resisting public officers in the discharge of their duties. § 149. Assault, etc., by officers, under color of authority.

§ 150. Refusing to aid officers in arrest, etc.

§ 151. Taking extra-judicial oaths.

§ 152. Administering extra-judicial oaths.

§ 153. Compounding crimes.

§ 154. Debtor fraudulently concealing his property.

§ 155. Defendant fraudulently concealing his property.

§ 156. Fraudulent pretenses relative to birth of infant.

§ 157. Substituting one child for another.

§ 158. Common barratry defined. How punished.

$159. What proof is required.

§ 160. Misconduct by attorneys.

§ 161. Buying demands or suit by an attorney.

§ 162.

§ 163.

Attorneys forbidden to defend prosecutions carried on by their partners or formerly by themselves.

Limitation of preceding section.

§ 164. Grand juror acting after challenge has been allowed.

§ 165. Bribing boards of supervisors, etc.

§ 166. Criminal contempts.

§ 167. False certificates by public officers.

§ 168. Disclosing fact of indictment having been found.

§ 169. Disclosing what transpired before the grand jury.

§ 170. Maliciously procuring search warrant.

§ 171. Unauthorized communication with convict.

§ 172. Keeping liquor within two miles of State prison.

§ 173. Importing foreign convicts.

174. Bringing Chinese into the State.

§ 175. Separate and distinct prosecution. § 176. Omission of duty by public officer.

§ 177. Offense for which no penalty is prescribed.

§ 178. Officers of corporations not to employ Chinese. § 179. Corporations not to employ Chinese.

142. 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. Negligence of a public duty is an indictable offense, although no mischief accrued therefrom-2 Cold. 181; 1 Bay, 316; 3 Bush, 39; 4 id. 331; 1 Yeates, 419; Conf. Rep. 38.

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.

144 Every person who violates any of the provisionsof section one thousand five hundred and fifty-eight is guilty of a misdemeanor.

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

146. Every public officer, or person pretending to be a public officer, who, under the pretense or color of any process or other legal authority, arrests any 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 misdemeanor.

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

148. Every person who willfully resists, delays, or obstructs any public officer, in the discharge 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.

Resisting officer.-To constitute the offense, the officer must be authorized to execute the process, and the process must be legal-2 Gale & D. 361; 6 Gray, 354; 1 Denio, 574; 12 Met. 233; 5 Barn. & C. 38; 1 Car. & K. 469; 1 Leach, 516; 11 Price, 235. The official acts of an officer de facto are valid so far as the rights of the public or of the persons are concerned-12 Ala. 840; 21 Ga. 217. There must be some overt act-39 Conn. 244; S. C. 1 Green C. R. 296; but a blow is not necessary-36 Ala. 273; 44 Vt. 636. Remonstrance is not resistance-3-Brewst. 343; see 41 Ga. 507; nor is refusal to obey an officer an indictable resistance-43 Md. 490; 26 Ohio St. 196; 37 Wis. 195; 43 Tex. 329. Violence against the officer is necessary-3 Wash. C. C. 335. See Desty's Crim. Law, § 76 a.

149. Every public officer who, under color of authority, without lawful necessity, assaults or beats any person, is punishable by fine not exceeding five thousand dollars, and imprisonment in the county jail not exceeding five years.

Assaults by officers.-Where a parish officer, against the will of a pauper, cut off her hair-4 Car. & P. 239; see 6 Jur. 243; or where an alms-house keeper applied unnecessarily severe chastisement-34 Conn. 132. See 77 N. C. 494.

150. Every male person above eighteen years of age who neglects or refuses to join the posse 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. Repealed. [Approved March 30th, in effect July 1st, 1874.]

152. Repealed. [Approved March 30th, in effect July 1st, 1874.]

PEN. CODE.-7.

153. Every person who, having knowledge 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 exceeding six months, or by fine not exceeding five hundred dollars, where the crime was a misdemeanor.

Compounding offenses.-An agreement not to prosecute, or to put an end to a prosecution, in consideration of some peculiar advantage, constitutes the offense, when the party knows the offense to have been committed-2 Har. (Del.) 532. See 4 Bl. Com. 133; 1 Bish. C. L. 6th ed. § 604; 1 Hawk. P. C. ch. 59, § 5. See Desty's Crim. Law, § 10 a.

Agreements not to prosecute.-Receiving any valuable consideration on an agreement not to prosecute is compounding the offensesee Desty's Crim. Law, § 74 d.

Compromising offenses.-An offense which, in the discretion of the court, may be punished by imprisonment in the penitentiary, cannot be compromised-39 Ga. 85; but some misdemeanors could be compounded, and others not, in the absence of statutory provisions-11 East, 46; 5 id. 294; 4 Barn. & Adol. 421; 7 Taunt. 422. See Washburn C. L. 13; 1 Bish. C. L. 6th ed. § 716; 1 Chit. C. L. 4; Desty's Crim. Law, § 10 b. The law will permit a compromise in all offenses, though made subject of a criminal prosecution, for which offenses the injured party night recover damages-6 Q. B. 308; S. C.2 Lead. C. C. 216; provided the rights of the public are preserved inviolate-14 Q. B. 529; 11 East, 46; 7 Taunt. 422; 9 Up. Can. Q. B. 540.

Punishment.-The punishment is graduated according to the enormity of the offense-13 Pick. 440. It is punished at common law by fine and imprisonment-1 Russ Cr. 9th ed. 194; 4 Bl. Com. 133.

154. Every debtor who fraudulently removes his property or effects out of this State, or fraudulently sells, conveys, assigns, or conceals his 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 thousand dollars, or by both.

Fraudulent concealment of property with intent to defraud creditors-see 36 N. H. 196; 105 Mass. 530; 5 Serg. & R. 519. It is not necessary that the parties attempted to be defrauded should be judgment creditors-16 Wend. 545; 2 Johns. Ch. 144. An intent to defraud must be shown, and, in case of receivers, a guilty knowledge of such intent -15 Gray, 189; 112 Mass. 289.

155. Every person against whom an action 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.

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

157. Every person to whom an infant has been confided for nursing, education, or any other purpose, 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.

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