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Oct. 19, 1864, $618.

Voter, defini

tion of; punishment for

§ 1845. [629.] A person who actually votes or offers to vote at the election specified and designated in sections 1843 [627] and 1844 [628], although by law he may not second crime. be entitled to vote thereat, shall be held and deemed to be a voter within the meaning of such sections 1843 [627] and 1844 [628], and for the purposes therein expressed. If any person, having been convicted of any crime defined in sections 1843 [627] and 1844 [628], shall afterwards be convicted of the same or any other crime therein defined, such person shall be punished by imprisonment in the penitentiary as therein provided, and not otherwise.

Oct. 29, 1870, $ 19.

Voting or offering to vote Illegally.

§ 1846. If any person shall vote, or offer to vote, at any legally authorized election in this state, knowing himself not entitled by law to vote thereat, or shall vote, or offer to vote, at any poll or in any precinct at any such election, knowing himself not entitled to vote at such poll or in such precinct, such person, upon conviction thereof, shall be punished by imprisonment in the county jail not less than three months nor more than one year, or by fine not less than one hundred nor more than five hundred dollars.

This section is identical with § 630 of the criminal code, as compiled by commissioners Deady and Lane, excepting that in that section words "by law" immediately preceded the words "to vote at such poll." Section 630 of the commissioners' compilation is § 619 of the act of October 19, 1864, and the commissioners, in a note appended to the section, give their reason for retaining the section as worded in the act of 1864, instead of replacing it with the later law, - 1870, as follows:

"Section 19 of the act of October 29, 1870, 'relating to elections and the mode of filling vacancies in office,' contains this section, except the words 'by law,' immediately preceding the words 'to vote at such poll.' The act purports, in section 48, to repeal all acts 'in conflict with' its own provisions; but under article 4, section 22, of the constitution, such a provision is inoperative, and therefore section 619 of the act of October 19, 1864, is not affected by it."

The difference of wording is entirely immaterial, as the legal effect is exactly the same in both statutes; and the date of passage can hardly become material in any litigation arising after so long a time. The act of 1870, however, is the law in force; for while it can scarcely be considered "in conflict" with that of 1864, it covers all the ground of that act so far as concerns the subject-matter of this section, and thus supersedes it. Repeals by implication are not prohibited by the state constitution.

Indictment for illegal voting. - An indictment for illegal voting is sufficient after verdict when it charges the defendant with having willfully, knowingly, and unlawfully voted at

a legally authorized election for rep- Oct. 29, 1870,
resentative of Congress, though it does $19.
not disclose the reason of defendant's
disqualification: State v. Bruce, 5 Or.

68.

$21.

Violence to

voting,

ment of.

§ 1847. [631.] If any person or persons shall by Oct. 29, 1870, menace, threat, or violence, whether armed or unarmed, intimidate or prevent, or attempt to intimidate or pre- prevent person vent any person from challenging another voter, or to etc.; punishprevent any person from voting, such person or persons so offending shall, upon conviction, be punished by imprisonment in the county jail not less than three months nor more than one year.

person to come to vote, to be

into state, etc.,

deemed a

felony.

§ 1848. [632.] Any person who shall by promise of Oct. 22, 1870, §L favor or reward, or otherwise, induce or persuade any Inducing person to come into this state, or into any county or precinct within this state, for the purpose and with the intent that such person shall, by so changing his habitation, vote at any general election which may hereafter be held in this state, at any place where such voter or person is not a bona fide resident, shall be deemed guilty of a felony, and upon conviction thereof shall be punished as hereinafter provided.

son to absent

to prevent his

§ 1849. [633.] Any person shall also be deemed Oct. 22, 1870, § 2. guilty of a felony who shall by promises of favor or re- Inducing perward, or otherwise, induce or persuade any voter within himself so as this state to absent himself from his actual and bona fide voting. place of residence with intent to prevent or hinder such person from voting at such place of residence at any general election in this state.

§ 1850. [634.] Any person who shall, in the manner Oct. 22, 1870, § 3. provided in the preceding section, induce or persuade Inducing any legal voter to remain away from the polls, and not away from vote at any general election in this state, shall, on conviction, be deemed guilty of a felony.

polls.

§ 1851. [635.] Any person, upon conviction for a Oct. 22, 1870, § 4. violation of either of the preceding sections, shall be im- violations of prisoned in the penitentiary not less than one nor more than three years, or shall be fined not less than one hundred nor more than one thousand dollars, or shall be

sections 632, ishment of.

633, or 634: pun

Oct. 22, 1870, $4. punished by both such fine and imprisonment, in the discretion of the court, and shall be forever ineligible to hold any office of trust or profit in this state.

Oct. 19, 1864, $620.

Malfeasance or

office.

§ 1852. [636.] If any officer of this state, or of any county, town, or other municipal or public corporation negligence in therein, other than the governor, justices of the supreme court, or members of the legislative assembly, shall willfully and knowingly charge, take, or receive any fee or compensation, other than that authorized or permitted by law, for any official service or duty performed by such officer, or shall willfully neglect or refuse to perform any duty or service pertaining to his office, with intent to injure or defraud any one, or shall willfully neglect or refuse to perform such duty or service to the injury of any one, or the manifest hindrance or obstruction of public justice or business, whether such injury, hindrance, or obstruction was particularly intended or not, such officer, upon conviction thereof, shall be punished by imprisonment in the penitentiary not less than six months nor more than one year, or by imprisonment in the county jail not less than three months nor more than one year, or by fine not less than fifty nor more. than five hundred dollars, or by dismissal from office with or without either or any of such punishments.

Oct. 19, 1864, $621.

Indictment should designate service or duty for which charge was made or money taken: State v. Packard, 4 Or. 157; State v. Perham, 4 Id. 188.

§ 1853. [637.] If any person, having the legal custody of any public record, book, paper, or writing, shall willfully destroy, secrete, or mutilate the same; or if any public records. attorney shall willfully destroy, secrete, or mutilate any

Destroying, secreting, or mutilating

such record, book, paper, or writing, or shall wrongfully take the same from the person having the legal custody thereof, or having obtained the possession of such record, book, paper, or writing lawfully, shall wrongfully refuse or neglect to return or produce the same when lawfully required or demanded so to do, such person or attorney, upon conviction thereof, shall be punished by imprisonment in the penitentiary, not less than six months nor

$ 621.

more than one year, or by imprisonment in the county Oct. 19, 1864, jail not less than three months nor more than one year, or by fine not less than one hundred nor more than five hundred dollars.

622.

Lobbying with

legislature,

closing interest

§ 1854. [638.] If any person, having any interest in Oct. 19, 1864, the passage or defeat of any measure before, or which shall come before, either house of the legislative assembly members of of this state, or if any person, being the agent of another without disso interested, shall converse with, explain to, or in any in measure. manner attempt to influence any member of such as- 15 Or. 338. sembly in relation to such measure, without first truly and completely disclosing to such member his interest. therein, or that of the person whom he represents, and his own agency therein, such person, upon conviction. thereof, shall be punished by imprisonment in the county jail, not less than three months nor more than one year, or by fine not less than fifty nor more than five hundred dollars.

CHAPTER VI.

OF CRIMES AGAINST THE PUBLIC PEACE.

§ 1855. Definition of riot and unlawful assembly.

§ 1856. Punishment for participating in riot.

§ 1857. Disturbing the peace in unincorporated towns and villages.

$623.

Definition of

ful assembly.

§ 1855. [639.] Any use of force or violence, or any Oct. 19, 1864, threat to use force or violence, if accompanied by immediate power of execution, by three or more persons riot and unlaw acting together, and without authority of law, is riot. Whenever three or more peasons assemble with intent, or with means and preparations, to do an unlawful act, which would be riot if actually committed, but do no act towards the commission thereof, or whenever such persons assemble without authority of law, and in such manner as is adapted to disturb the public peace or excite public alarm, or disguised in a manner to prevent them from being identified, such an assembly is an unlawful assembly.

Oct. 19, 1864, $ 624.

Punishment

§ 1856. [640.] If any person shall be guilty of participating in any riot, such person, upon conviction

for participat thereof, shall be punished as follows:

ing in riot.

Oct. 19, 1872, $1.
Disturbance
of the peace

rated towns.

1. If any felony or misdemeanor was committed in the course of such riot, such person shall be punished in the same manner as a principal in such crime;

2. If such person carried, at the time of such riot, any species of dangerous weapon, or was disguised, or encouraged or solicited other persons who participated in the riots to acts of force or violence, such person shall be punished by imprisonment in the penitentiary not less than three nor more than fifteen years;

3. In all other cases, such person shall be punished by imprisonment in the county jail not less than three months nor more than one year, or by fine not less than fifty nor more than five hundred dollars.

§ 1857. [641.] If any person or persons shall, in any unincorporated town or village in this state, willfully in unincorpo- drive or ride any horse or mule upon any sidewalk therein, or shall willfully drive or ride any horse or mule through the streets thereof at a greater speed than six miles per hour, or shall use any obscene or profane language in any public place in such town or village to the disturbance or annoyance of any person or persons therein, said person or persons so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not less than five nor more than fifty dollars.

Oct. 19, 1872, $2.

Justices of the peace shall have original and exclusive jurisdiction over all offenses herein described, committed within their respective counties.

Oct. 19, 1872, 8. All fines collected under the provisions of this act shall be paid into the county treasury of the county in which the offense is committed, as in other criminal cases, for the use and benefit of the common-school fund of such county.

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